Arrowhead United Teachers Organization v. Wisconsin Employment Relations Commission

342 N.W.2d 709, 116 Wis. 2d 580, 15 Educ. L. Rep. 935, 1984 Wisc. LEXIS 2281
CourtWisconsin Supreme Court
DecidedJanuary 31, 1984
Docket81-1600
StatusPublished
Cited by17 cases

This text of 342 N.W.2d 709 (Arrowhead United Teachers Organization v. Wisconsin Employment Relations Commission) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arrowhead United Teachers Organization v. Wisconsin Employment Relations Commission, 342 N.W.2d 709, 116 Wis. 2d 580, 15 Educ. L. Rep. 935, 1984 Wisc. LEXIS 2281 (Wis. 1984).

Opinions

LOUIS J. CECI, J.

This is a review of a published decision of the court of appeals reversing the judgment of Waukesha County Circuit Court Judge Hafold J. Wol-lenzien in an administrative review action.1 The judgment which the court of appeals reversed was an affirmance of an order of the Wisconsin Employment Relations Commission clarifying the collective bargaining unit for [583]*583negotiations between the Arrowhead school district and the Arrowhead United Teachers Organization. The Wisconsin Employment Relations Commission (hereafter commission) determined that the bargaining unit composed of all full-time and regular part-time “professional employes” of the Arrowhead school district should exclude university students working as intern teachers. The circuit court affirmed the commission’s unit clarification, and the court of appeals reversed the matter, directing that the interns be included in the bargaining unit. We reverse the court of appeals.

On October 5, 1979, the Arrowhead school district (hereafter district) filed a petition for unit clarification, requesting that the commission determine whether the intern teachers employed by the district were municipal employes and whether they should be included in the professional employe bargaining unit. The Arrowhead United Teachers Organization (hereafter union) sought to include the intern teachers within the existing unit. On December 3, 1979, a hearing was held before the commission on the petition, and on June 12, 1980, the commission issued its decision in conjunction with an accompanying memorandum.

The commission found that the teacher interns were “municipal employes” within the meanig of sec. 111.70 (1) (b), Stats., the Municipal Employment Relations Act. The commission also found that the interns were “temporary employees” but not “casual employes” and that the interns did not have a “community of interest” with the full-time and regular part-time professional employes represented by the union. Because of this lack of a community of interest between the interns and the professional employes represented by the union, the commission clarified that pursuant to sec. 111.70(4) (d), the bargaining unit should not include the teacher interns.

The union petitioned the circuit court for review of the commission’s decision, pursuant to secs. 227.15 and 227.-[584]*58416, Stats., on July 11, 1980. The petition asked that the court reverse that portion of the commission’s finding that the teacher interns and professional employes did not share a community of interest. The union concurred with all other findings of the commission. The district challenged the commission’s finding that the interns should be considered temporary rather than casual employes. Had the commission classified the teacher interns as casual employes, they would not qualify as “municipal employes” under the definition of sec. 111.70(1) (b). Therefore, the district requested that the circuit court classify the interns as casual employes, contrary to the commission’s finding.

On July 3, 1981, the circuit court issued its decision, followed by an order and judgment dated July 15, 1981. The court first dealt with the issue of whether the interns constituted municipal employes under sec. 111.70 (l)(b), Stats., and affirmed that portion of the commission’s decision. The judge then addressed the question of whether or not the interns should be included in the existing bargaining unit on the basis of a community of interest and/or the antifragmentation provision as set out in sec. 111.70(4) (d)2.a.2 After comparing the [585]*585job functions, wages, hours, and conditions of employment of both professional employes and teacher interns, the circuit court concluded that the commission had not abused its discretion by finding that no community of interest existed between the two groups of employes. The court then considered the antifragmentation provision found in sec. 111.70(4) (d)2.a., observing that the language is not absolute. The trial judge also stated that in his opinion, the antifragmentation directive is tempered by the language of sec. 111.70(6), which provides that public interest is promoted by allowing municipal employes the opportunity to bargain collectively if they “so desire.” The court then noted that there was no showing that the teacher interns desired to be included in the union’s bargaining unit. Accordingly, the court concluded that the commission had not violated any statutory mandate by its decision and affirmed the commission’s order.

The union then appealed to the court of appeals, asking the court to reverse the circuit court and the commission with respect to their findings excluding the teacher interns from the professional employe bargaining unit. The district did not file any cross-appeal on the issue of the interns’ classification as municipal employes under sec. 111.70(1) (b).

In a lengthy opinion, the court of appeals reversed the circuit court’s judgment based upon a finding that the commission had deviated from its past practice without a satisfactory explanation. The court stated that the commission’s determination of what constitutes a “community of interest” is a conclusion of law and that the [586]*586proper standard of review is found in sec. 227.20(8), Stats.3 Citing Bangor Education Association, WERC Dec. No. 14699 (June 9, 1976'), the court noted that the commission has given “ ‘primary and controlling emphasis to the actual duties and responsibilities of the individual holding the position in question.’ ” 109 Wis. 2d at 377. Because the commission had found the professional employes and teacher interns to have similar duties and responsibilities, the court of appeals concluded that according to its past practice, the commission should have included the two groups within one bargaining unit. The court further noted the commission had also deviated from its past practice concerning unit fragmentation in school districts and had ignored the express statutory limit upon-its discretion as set out in sec. 111.70(4) (d) 2.a. Based upon these observations, the court of appeals concluded that the commission had abused its discretion by these two unexplained deviations and reversed the trial court, directing that the teacher interns be included within the union’s bargaining unit.

Both the commission and the district, as an interested party, have appealed from the decision of the court of appeals. There are two issues which concern us in this review. They are: (1) What is the proper standard for reviewing a commission decision which deviates from prior agency practice and (2) utilizing the proper standard, did the commission abuse its discretion by failing [587]*587to include the teacher interns in the professional employe bargaining unit ?

I.

WHAT IS THE PROPER STANDARD TO BE u UTILIZED IN REVIEWING AN AGENCY DECISION WHICH DEVIATES FROM THE AGENCY’S PRIOR PRACTICE?

Initially, we would like to point out that this appeal involves mixed questions of law and fact. The review encompasses the commission’s construction of sec. 111.70 (4) (d)2.a., Stats., as well as the commission’s application of the statute to the particular set of facts involved in this case. Such issues are questions of law. Bucyrus-Erie Co. v. ILHR Department, 90 Wis. 2d 408, 417, 280 N.W.2d 142 (1979), and Milwaukee v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Derrick A. Sanders v. State of Wisconsin Claims Board
2023 WI 60 (Wisconsin Supreme Court, 2023)
J. T. v. Wisconsin Department of Health Services
Court of Appeals of Wisconsin, 2021
City of Marshfield v. Wisconsin Employment Relations Commission
2002 WI App 68 (Court of Appeals of Wisconsin, 2002)
Madison Teachers, Inc. v. Madison Metropolitan School District
541 N.W.2d 786 (Court of Appeals of Wisconsin, 1995)
City of Janesville v. Wisconsin Employment Relations Commission
535 N.W.2d 34 (Court of Appeals of Wisconsin, 1995)
De Bruin v. State
412 N.W.2d 130 (Court of Appeals of Wisconsin, 1987)
State v. Wisconsin Employment Relations Commission
361 N.W.2d 660 (Wisconsin Supreme Court, 1985)
City of La Crosse v. Wisconsin Department of Natural Resources
353 N.W.2d 68 (Court of Appeals of Wisconsin, 1984)
School District of Drummond v. Wisconsin Employment Relations Commission
352 N.W.2d 662 (Court of Appeals of Wisconsin, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
342 N.W.2d 709, 116 Wis. 2d 580, 15 Educ. L. Rep. 935, 1984 Wisc. LEXIS 2281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arrowhead-united-teachers-organization-v-wisconsin-employment-relations-wis-1984.