Wisconsin Professional Police Ass'n v. County of Dane

316 N.W.2d 656, 106 Wis. 2d 303, 1982 Wisc. LEXIS 2513, 114 L.R.R.M. (BNA) 2153
CourtWisconsin Supreme Court
DecidedMarch 2, 1982
Docket81-023
StatusPublished
Cited by37 cases

This text of 316 N.W.2d 656 (Wisconsin Professional Police Ass'n v. County of Dane) 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
Wisconsin Professional Police Ass'n v. County of Dane, 316 N.W.2d 656, 106 Wis. 2d 303, 1982 Wisc. LEXIS 2513, 114 L.R.R.M. (BNA) 2153 (Wis. 1982).

Opinions

DAY, J.

This case is before us by grant of a joint petition to bypass the court of appeals made on behalf of appellant William H. Ferris and petitioner-respondent Wisconsin Professional Police Association, from an order of the Circuit Court for Dane County, HON. P. CHARLES JONES, Circuit Judge.

The issue is whether the sheriff is limited in his selection of a “court officer” by a collective bargaining agreement entered into between a union representing the non-supervisory deputies on the sheriff’s staff and Dane county operating through the county board.

We conclude that under the Wisconsin constitution the sheriff has the power and prerogatives which that office had under the common law, among which were a very special relationship with the courts. These powers may not be limited by a collective bargaining agreement entered into by the county and a labor union representing deputy sheriffs. However, we cannot determine from the record before this court whether the duties performed by the “court officer” fall within the sheriff's common law powers in relation to the courts. We therefore reverse the order of the trial court which ordered the sheriff to comply with an arbitrator’s award enforcing the collective bargaining agreement and remand the case to the trial court for a determination of the duties of the “court officer” and whether those duties fall within the constitutional powers of the sheriff.

The history of this litigation is as follows: On December 19, 1976, Dane county and Teamsters Union Local 695,1 representing the nonsupervisory deputy sheriffs [306]*306of Dane county, entered into a collective bargaining agreement. The agreement provided that “bargaining unit work” could be assigned only to members of the union. On January 15, 1979, Dane County Sheriff William H. Ferris (hereinafter “sheriff”) appointed a deputy sheriff who was a member of the supervisory, rather than the nonsupervisory bargaining unit as court officer. These duties had previously been performed by a member of the nonsupervisory bargaining unit. The union filed a grievance, and arbitration proceedings were conducted between the union and Dane county. On December 19, 1979, the arbitrator issued an award directing that the court officer work be returned to a member of the nonsupervisory bargaining unit. This award was confirmed by Dane County Circuit Judge P. Charles Jones in an order dated March 19, 1980.

The sheriff did not participate in any of the aforementioned proceedings and refused to accept service of the above order, stating the following reasons:

“ (1) The order is not addressed to me in my capacity or name as sheriff of Dane County;
“(2) I am not signatory to any union contract;
“(3) The County cannot direct me in the management of the office.”

The union instigated contempt of court proceedings, and moved for an order that the sheriff be held in contempt of court for failure to comply with the March 19, 1980, order confirming the arbitration award.

The motion was heard by Judge Jones on April 22, 1980. The sheriff appeared at this hearing. On December 1, 1980, Judge Jones ordered the sheriff to comply with the March 19, 1980, order or be held in contempt [307]*307of court. The sheriff appealed to the court of appeals. Both parties petitioned this court for leave to bypass the court of appeals, which was granted.

We note at the outset that the sheriff has not been held in contempt of court, but that the December 1980, order which is the basis for this appeal states that he will be held in contempt of court pursuant to sec. 785.01 (1) (b), Stats. 1979-80,2 if he does not comply with the March 19, 1980, order. Accordingly he is not barred from challenging the order whose violation would subject him to a contempt citation.3

The law governing review of arbitration awards was summarized in Milwaukee Bd. Sch. Dirs. v. Milwaukee Teacher’s Ed. Asso., 93 Wis. 2d 415, 422, 287 N.W.2d 131 (1980) as follows:

“This court has held that an arbitrator’s award is presumptively valid, and it will be disturbed only where invalidity is shown by clear and convincing evidence. Stradinger v. City of Whitewater, 89 Wis. 2d 19, 37, 277 N.W.2d 827 (1979); Sherrer Constr. Co. v. Burlington Mem. Hosp., 64 Wis. 2d 720, 735, 221 N.W.2d 855 (1974). This court has also stated that it has a ‘hands [308]*308off’ attitude toward arbitrator’s decisions. Glendale Prof. Policemen’s Asso. v. Glendale, 83 Wis. 2d 90, 98, 264 N.W.2d 594 (1978); Jt. School Dist. No. 10 v. Jefferson Ed. Asso., 78 Wis. 2d 94, 117, 253 N.W.2d 536 (1977); WERC v. Teamsters Local No. 563, 75 Wis. 2d 602, 611, 250 N.W.2d 696 (1977). This court has said that:

“Judicial review of arbitration awards is very limited. The strong- policy favoring arbitration as a method for settling disputes under collective bargaining agreements requires a reluctance on the part of the courts to interfere with an arbitrator’s award upon issues properly submitted. . . .
“ ‘Thus, the function of the court upon review of an arbitration award is a supervisory one, the goal being merely to ensure that the parties receive the arbitration that they bargained for. . . ” Milw. Pro. Firefighters Local 215 v. Milwaukee, 78 Wis. 2d 1, 21, 22, 253 N.W.2d 481 (1977).
“The decision of an arbitrator will not be interfered with for mere errors of judgment as to law or fact, but the court will overturn an arbitrator’s award if there is perverse misconstruction or positive misconduct plainly established, or if there is a manifest disregard of the law, or if the award itself is illegal or violates strong public policy.”

In Glendale Prof. Policemen’s Asso., 83 Wis. 2d at 98, this court declared that, although it has adopted a “hands-off” attitude toward arbitration awards, it would vacate an award where the arbitrator has exceeded his authority, stating:

“An arbitrator exceeds his authority in enforcing an illegal contract. . . . Because a contract provision that violates the law is void, a dispute arising out of a violation of that provision is not arbitrable.”

The sheriff argues that the arbitrator’s award is illegal and void because it orders him to comply with a provision of a collective bargaining contract entered into between the union and Dane county that infringes upon his powers as sheriff.

[309]*309The office of sheriff is one of the most ancient fand important in Anglo-American Jurisprudence.

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316 N.W.2d 656, 106 Wis. 2d 303, 1982 Wisc. LEXIS 2513, 114 L.R.R.M. (BNA) 2153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisconsin-professional-police-assn-v-county-of-dane-wis-1982.