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CITY OF MENASHA v. WERC

No. 2010AP1799.

802 N.W.2d 531 (2011)

2011 WI App 108

CITY OF MENASHA, Petitioner-Appellant, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION and Menasha Professional Police Union Local 603, Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed June 8, 2011.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, City of Menasha, the cause was submitted on the briefs of James R. Macy and Mark F. Yokom of Davis & Kuelthau, S.C., Oshkosh.

On behalf of the respondent-respondent, Wisconsin Employment Relations Commission, the cause was submitted on the brief of David C. Rice , assistant attorney general, and J.B. Van Hollen, attorney general.

On behalf of the respondent-respondent, Menasha Professional Police Union Local 603, the cause was submitted on the briefs of Bruce F. Ehlke of Ehlke, Gartzke, Bero-Lehmann & Lounsbury, S.C., Madison.

A nonparty brief was filed by Steven B. Rynecki , James R. Korom and Kyle J. Gulya of von Briesen & Roper, S.C. of Milwaukee, for Wisconsin Chiefs of Police Association and Wisconsin Fire Chiefs Education Association.

Before NEUBAUER, P.J., ANDERSON and REILLY, JJ.

NEUBAUER, P.J.

¶ 1 The City of Menasha appeals from a circuit court order upholding a determination of the Wisconsin Employment Relations Commission (WERC). At issue on appeal is whether the circuit court erred in affirming WERC's determination that WIS. STAT. § 111.70(4)(c)2.b. and (4)(mc)1. (2009-10)1 prohibit a city from bargaining collectively to require that law enforcement officers represented by a union use the procedures...

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