Waukesha County v. Wisconsin Employment Relations Commission

2014 WI App 20, 844 N.W.2d 385, 352 Wis. 2d 707, 2014 WL 128318, 198 L.R.R.M. (BNA) 2236, 2014 Wisc. App. LEXIS 32
CourtCourt of Appeals of Wisconsin
DecidedJanuary 15, 2014
DocketNo. 2013AP375
StatusPublished

This text of 2014 WI App 20 (Waukesha County v. Wisconsin Employment Relations Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waukesha County v. Wisconsin Employment Relations Commission, 2014 WI App 20, 844 N.W.2d 385, 352 Wis. 2d 707, 2014 WL 128318, 198 L.R.R.M. (BNA) 2236, 2014 Wisc. App. LEXIS 32 (Wis. Ct. App. 2014).

Opinion

GUNDRUM, J.

¶ 1. The Wisconsin Professional Police Association appeals a circuit court declaratory judgment holding that a Waukesha County sheriffs deputy dismissed from employment by a sheriffs grievance committee may appeal the dismissal only to the circuit court, pursuant to Wis. Stat. § 59.26 (2011-12).1 The Association contends the matter is not justiciable because the dismissal decision must first go to arbitration and therefore is not ripe for judicial determination. More substantively, it argues that, pursuant to the Wisconsin Supreme Court's decision in Eau Claire County v. General Teamsters Union Local No. 662, 2000 WI 57, 235 Wis. 2d 385, 611 N.W.2d 744 (hereinafter Eau Claire Cnty.), and a collective bargaining agreement (CBA) between the County and the Association, the deputy not only has the statutory option of a circuit court appeal, but also must be permitted the alternative of seeking arbitration of the dismissal decision under the terms of the CBA. We conclude that this declaratory judgment action is justiciable; however, because we agree with the Association that Eau Claire Cnty. applies and we are bound by it, we reverse.

BACKGROUND

¶ 2. The parties stipulated to the facts underlying this appeal. The County and the Association entered into a CBA which covers standards and procedures relating to discipline, demotion, and dismissal of sheriffs deputies, including a grievance procedure. The grievance procedure provides that questions concerning application of the CBA are subject to arbitration. The [710]*710CBA further provides that "[i]n cases... for proper cause, this [grievance] procedure shall be followed insofar as it is consistent with [Wis. Stat. §] 59.2[6](8)(b)."2

¶ 3. Pursuant to Wis. Stat. § 59.26(8)(b), the County established a grievance committee to decide personnel matters related to the suspension, demotion, or dismissal of deputies. In November 2011, the sheriff filed charges with the grievance committee seeking dismissal of a deputy. The committee held an evidentiary hearing and on January 31, 2012, issued a written decision dismissing the deputy.

¶ 4. On or about February 1, 2012, the Association notified the County of its intent to file a grievance pursuant to the CBA procedures. The County informed the Association that it was its position that Wis. Stat. § 59.26(8)(b), not the CBA, controlled; that pursuant to that statutory provision, the deputy's only means of redress was appeal to circuit court; and that it would not accept the grievance. The Association filed a prohibited practice complaint with the Wisconsin Employment Relations Commission (WERC) contending the County violated the CBA by refusing to process the Association's grievance. The County then filed this declaratory judgment action. The circuit court granted the County's request for declaratory judgment, ordered the Association to withdraw its grievance, and further ordered WERC to dismiss the prohibited practice complaint.3 The Association appeals. Additional facts are included as necessary.

[711]*711DISCUSSION

Justiciability

¶ 5. As a threshold matter, the Association argues that the circuit court erred when it concluded that this declaratory judgment action is justiciable. It asserts that the determination of whether arbitration under the CBA is available as an alternative to appeal of the grievance committee's decision to circuit court is a question that must be first addressed by an arbitrator and not a court; that is, that the issue raised in the County's request for declaratory judgment is substantively arbitrable, and therefore not ripe for court adjudication at this time. We disagree.

¶ 6. A circuit court can' "exercise . . . discretion to entertain and decide an action for declaratory relief only when there is a 'justiciable controversy.'" Wisconsin Educ. Ass'n Council v. Wisconsin State Elections Bd., 2000 WI App 89, ¶ 9, 234 Wis. 2d 349, 610 N.W.2d 108 (quoting Loy v. Bunderson, 107 Wis. 2d 400, 409, 320 N.W.2d 175 (1982)). Our supreme court has enunciated four standards for determining whether there is a justiciable controversy:

(1) ... [A] controversy in which a claim of right is asserted against one who has an interest in contesting it.
(2) The controversy must be between persons whose interests are adverse.
(3) The party seeking declaratory relief must have a legal interest in the controversy — that is to say, a legally protectible interest.
[712]*712(4) The issue involved in the controversy must be ripe for judicial determination....

Id. (citation omitted).

¶ 7. The Association concedes that factors one through three have been met, but argues that this matter is not ripe for judicial determination because the grievance procedure in the CBA calls for arbitration of the dismissal decision and an arbitrator has not yet ruled on it. The County argues that this matter involves the interpretation of a statute, not a collective bargaining agreement, a matter for a court not an arbitrator, and further, that because the CBA by its language allows use of the grievance procedure "insofar as [the procedure] is consistent ■ with [Wis. Stat. §] 59.2[6](8)(b)," the issue requires harmonization of a statute and the CBA, a function for a court not an arbitrator. We agree with the County.

¶ 8. Under the express terms of the CBA, a deputy's method of challenging a disciplinary or dismissal decision is under the CBA's grievance procedure but only "insofar as it is consistent with" Wis. Stat. § 59.26(8)(b). The precise issue before us is whether § 59.26(8)(b) provides that appeal to circuit court is the exclusive means of redress for the deputy following the grievance committee's dismissal decision or whether the statute also affords the deputy the option, pursuant to the CBA, of filing a grievance and seeking arbitration. This requires interpretation of a statute and harmonization of the CBA with that statute, court functions. See Brown Cnty. v. WERC, 2007 WI App 247, ¶¶ 7,11, 306 Wis. 2d 213, 742 N.W.2d 916. Accordingly, this matter is ripe for judicial determination.

[713]*713 Declaratory Judgment

¶ 9. As noted, at issue is the interplay between the statutory scheme set forth in Wis. Stat. ch. 59 and provisions of the subject CBA. We review both the circuit court's interpretation of a statute and of a collective bargaining agreement de novo. State v. Jensen, 2010 WI 38, ¶ 8, 324 Wis. 2d 586, 782 N.W.2d 415; Milwaukee Police Ass'n v. Hegerty, 2005 WI 28, ¶ 11, 279 Wis. 2d 150, 693 N.W.2d 738.

¶ 10. The Association argues that the Wisconsin Supreme Court in Eau Claire Cnty., 235 Wis.

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Related

Milwaukee Police Ass'n, Local 21 v. Hegerty
2005 WI 28 (Wisconsin Supreme Court, 2005)
Loy v. Bunderson
320 N.W.2d 175 (Wisconsin Supreme Court, 1982)
Wisconsin Education Ass'n Council v. Wisconsin State Elections Board
2000 WI App 89 (Court of Appeals of Wisconsin, 2000)
In RE MARRIAGE OF COOK v. Cook
560 N.W.2d 246 (Wisconsin Supreme Court, 1997)
Brown County v. Wisconsin Employment Relations Commission
2007 WI App 247 (Court of Appeals of Wisconsin, 2007)
City of Janesville v. Wisconsin Employment Relations Commission
535 N.W.2d 34 (Court of Appeals of Wisconsin, 1995)
State v. Jensen
2010 WI 38 (Wisconsin Supreme Court, 2010)
Zarder Ex Rel. Menard v. Humana Insurance
2010 WI 35 (Wisconsin Supreme Court, 2010)
Eau Claire County v. General Teamsters Union Local No. 662
2000 WI 57 (Wisconsin Supreme Court, 2000)

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Bluebook (online)
2014 WI App 20, 844 N.W.2d 385, 352 Wis. 2d 707, 2014 WL 128318, 198 L.R.R.M. (BNA) 2236, 2014 Wisc. App. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waukesha-county-v-wisconsin-employment-relations-commission-wisctapp-2014.