Milwaukee Fire Fighters Ass'n, Local 215 v. City of Milwaukee

183 N.W.2d 18, 50 Wis. 2d 9, 1971 Wisc. LEXIS 1161
CourtWisconsin Supreme Court
DecidedFebruary 2, 1971
Docket26, 27
StatusPublished
Cited by16 cases

This text of 183 N.W.2d 18 (Milwaukee Fire Fighters Ass'n, Local 215 v. City of Milwaukee) 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
Milwaukee Fire Fighters Ass'n, Local 215 v. City of Milwaukee, 183 N.W.2d 18, 50 Wis. 2d 9, 1971 Wisc. LEXIS 1161 (Wis. 1971).

Opinions

Connor T. Hansen, J.

The principal issue to be decided on this appeal is whether the members of the Milwaukee fire fighting force were granted the proper num[12]*12ber of off-days authorized by the Milwaukee Code of Ordinances.

Sec. 2-150.5 reads as follows:

“Section 2-150.5 Additional rest days for members of the fire department. The Chief Engineer shall limit the hours of duty of each member of the firefighting force of the Fire Department as provided for in Section 62.13 (11a) (b) of the Wisconsin Statutes, and in addition shall assign to each member of the firefighting force an additional six (6) off-days per annum of twenty-four (24) consecutive hours each for the purpose of compensating for duty on legal holidays, provided that the Chief Engineer may suspend said days of rest in cases of positive necessity or in case of a sudden or serious emergency when in his opinion assignments of days of rest would impair the efficiency of the department.”

The appellant contends that the practice of adding six consecutive days to each man’s vacation has deprived the fire fighters of the additional off-days to which they were entitled.

During the years 1962 through May 1, 1965, members of the fire fighting force worked a twenty-four hour day, sixty-three hour workweek. Under the sixty-three hour workweek fire fighters received five regular off-days for every three days worked. After May 1, 1965, the workweek of the fire fighters was reduced to fifty-six hours per week. Under the fifty-six hour workweek, the fire fighters worked a twenty-four hour day and received two regular off-days for every day worked.

Appellant’s argument is to the effect that since prior to May 1, 1965, five of every eight days were regular off-days, in any six-day period three-eighths of the days, or two and one-fourth days, were working days and five-eighths of the six days, or three and three-fourth days, were regular off-days. The appellant contends that by adding six days to each fire fighter’s vacation, the department took three and three-fourth days which would [13]*13have been regular days off and made them additional off-days under the ordinance. The appellant’s argument covering the period since May 1, 1965, is to the effect that in any six-day period one-third of the days were work days and two-thirds of the days were regular off-days. Appellant contends that by adding six days to each fire fighter’s vacation, the department took four days which would have been regular off-days and made them additional off-days under the ordinance.

Appellant contends that the additional off-days granted by the ordinance can only be days which would have been working days in the fire fighters’ normal working cycle.

Respondent contends that the term, “an additional six (6) off-days” should not be construed as an additional six work days off in the fire fighter’s normal work schedule. Respondent states that by adding a period of six days to each man’s vacation, the fire department has granted each fire fighter six additional off-days as required by the ordinance, and the department’s administration of the ordinance has not resulted in allocating additional off-days to regular off-days.

Therefore, the question to be resolved is whether the ordinance is ambiguous, and, if so, was the manner in which the ordinance was applied by the respondent, a reasonable one?

Judicial construction of an ordinance is invoked only when the ordinance is ambiguous and its meaning subject to different interpretations. In National Amusement Co. v. Department of Revenue (1969), 41 Wis. 2d 261, 267, 163 N. W. 2d 625, this court stated:

“This court has consistently used the same test for ambiguity:
“ ‘A statute or portion thereof is ambiguous when it is capable of being understood by reasonably well-informed persons in either of two or more senses.’ State ex rel. Neelen v. Lucas (1964), 24 Wis. 2d 262, 267, 128 N. W. [14]*142d 425, citing State ex rel. West Allis v. Dieringer (1957), 275 Wis. 208, 218, 81 N. W. 2d 533.
Whenever a case such as this one is before the court, however, it is obvious that people disagree as to the meaning to be given to a statute. This alone cannot be controlling. The court should look to the language of the statute itself to determine if 'well-informed persons’ should have become confused.”

The language of sec. 2-150.5, Milwaukee Code of Ordinances, in the context of the fire fighters’ working schedule, is capable of being understood by two reasonably well-informed persons in two different senses. Thus, the ordinance is ambiguous.

The words of the ordinance creating the ambiguity are “an additional six (6) off-days per annum of twenty-four (24) consecutive hours each.” When a term used in a statute has no statutory definition, its meaning is dependent upon the subject matter and the connection in which it is used. State ex rel. Oelke v. Doepke (1952), 260 Wis. 493, 495, 51 N. W. 2d 10. Ordinances, like statutes, are to be construed according to their intent. Missionaries of La Salette v. Whitefish Bay (1954), 267 Wis. 609, 618, 66 N. W. 2d 627.

Both parties agree that the intent of the ordinance is to compensate fire fighters for work on the six major legal holidays, New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving, and Christmas. To accomplish this purpose, it is not necessary that the additional six off-days be working days in the fire fighters’ normal working cycle. The effect of allocating the additional off-days only to work days in the regular cycle could produce the following result. In the sixty-three hour workweek, since only three of every eight days is a working day, if additional off-days were to be allocated only to regular working days, it would be necessary to add sixteen days to each man’s vacation. In the fifty-six hour workweek, since only one of every three days are working [15]*15days, it would be necessary to add eighteen days to each man’s vacation schedule to provide the proper number of days off. Under this method of administration, the fire fighters would have been granted sixteen or eighteen days off to compensate them for work on holidays. (The total number of days off, if the additional days off are allocated only to regular working days, is the same whether the days are consecutive or interspersed throughout the year.)

The statute, by its express terms, requires six additional off-days of twenty-four consecutive hours. It does not require additional regular days off also be added to each holiday off.

In State v. King (1944), 144 Ohio St. 61, 56 N. E. 2d 247, the Supreme Court of Ohio rejected a theory similar to that advanced by the appellant in this case. The law in the State v. King case provided that the hours of duty for fire fighters should be twenty-four consecutive hours on duty followed by twenty-four consecutive hours off duty, and that the fire fighters “in addition to receiving a minimum of twenty-four hours off duty in each period of forty-eight hours shall receive an additional period of twenty-four consecutive hours off duty in each period of fourteen days.” The appellant took the position that the additional twenty-four hour rest period must be assigned to what would have been the regular twenty-four hours on duty.

“. . .

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

Related

State v. Ambrose
540 N.W.2d 208 (Court of Appeals of Wisconsin, 1995)
City of Milwaukee v. Wroten
466 N.W.2d 861 (Wisconsin Supreme Court, 1991)
McGarrity v. Welch Plumbing Co.
312 N.W.2d 37 (Wisconsin Supreme Court, 1981)
Champlin v. State
267 N.W.2d 295 (Wisconsin Supreme Court, 1978)
Robinson v. Kunach
251 N.W.2d 449 (Wisconsin Supreme Court, 1977)
In Matter of Estate of Walker
248 N.W.2d 410 (Wisconsin Supreme Court, 1977)
Schlosser v. Allis-Chalmers Corp.
222 N.W.2d 156 (Wisconsin Supreme Court, 1974)
Milwaukee Fire Fighters Ass'n, Local 215 v. City of Milwaukee
183 N.W.2d 18 (Wisconsin Supreme Court, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
183 N.W.2d 18, 50 Wis. 2d 9, 1971 Wisc. LEXIS 1161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milwaukee-fire-fighters-assn-local-215-v-city-of-milwaukee-wis-1971.