State v. Wisconsin Employment Relations Commission

The appeal presents these two issues:

1. Is an order of the Wisconsin Employment Relations Commission refusing to grant a motion to dismiss and permitting a hearing examiner’s order for further hearing on the merits of the case to stand reviewable under ch. 227, Stats.?

2. Is the employer entitled to a declaratory judgment, as an alternative to a petition for review, declaring that the unfair labor practice charge must be dismissed and declaring that the Wisconsin Employment Relations Commission must make a determination as to the breach of a union’s duty of fair representation prior to a…