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BROWN COUNTY v. EMPLOYMENT RELATIONS COM'N

Nos. 2007AP135, 2007AP136.

742 N.W.2d 916 (2007)

2007 WI App 247

BROWN COUNTY, Plaintiff-Appellant, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION, Defendant-Respondent, AFSCME Local 1901, Intervening Defendant-Respondent. Brown County, Plaintiff-Appellant, v. Wisconsin Employment Relations Commission, Respondent-Respondent, AFSCME Local 1901, Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 10, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of John C. Jacques, Brown County Corporation Counsel.

On behalf of Wisconsin Employment Relations Commission, the cause was submitted on the brief of J.B. Van Hollen, attorney general, and David C. Rice, assistant attorney general.

On behalf of AFSCME Local 1901, the cause was submitted on the brief of Bruce F. Ehlke of Hawks Quindel Ehlke & Perry, S.C., Madison.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 PETERSON, J.

This is a consolidated appeal of two cases filed by Brown County. Both challenge a Wisconsin Employment Relations Commission proceeding that ultimately reinstated Joachim Vetter's employment as a certified nursing assistant at the Brown County Mental Health Center.

¶ 2 The County argues it had sole discretion, notwithstanding its collective bargaining agreement, to decide whether to terminate Vetter for commission of a crime "substantially...

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