City of Madison v. Wisconsin Employment Relations Commission

*427DIANE S. SYKES, J.

¶ 1. The issue in this case is whether a fire chiefs decision to return a firefighter promoted on a probationary basis to his previous rank for failure to successfully complete probation may be subjected to arbitration. We hold that it may not.

¶ 2. Given the statutory authority vested in the chief of the fire department under Wis. Stat. § 62.13 (1999-2000),1 as specifically recognized in the parties' collective bargaining agreement, an arbitrator may not substitute his judgment for the chiefs determination that a firefighter under his command has not successfully completed…