Review granted in 'Racine Co. v. Int'l Assoc. of Machinists and Aerospace Workers'

(2006AP964)

This case involves the question of whether Racine County violated the terms of a collective bargaining agreement between it and the International Association of Machinists and Aerospace Workers.

In the fall of 2003, Donald LaFave and Judith Berndt, family court social workers/case managers, were told that they would be laid off if they chose not to exercise bumping rights under a labor agreement. Another social worker/case manager, was informed if she didn't accept a reduction to part-time status that she would be laid off.

The county's family court commissioner and director of family court counseling services, Kevin Van Kampen, advised several workers, including LaFave and Berndt, that the county wanted to continue to provide statutorily required counseling services with them working as independent contractors. LaFave and Berndt entered such contracts. The union filed a grievance, contending the arrangement violated a collective bargaining agreement.

An arbitrator sustained the grievance – a decision reversed by the circuit court, but upheld by the Court of Appeals. [in an unpublished opinion]

The county argues the arbitrator exceeded her powers; the union says the arbitrator's award simply prohibits the county from labeling employees as independent contractors to evade terms of a labor agreement.

A decision by the Supreme Court could clarify the interplay between collective bargaining agreements and statutes, and if this case is distinguishable from previous cases. From Racine County.