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Washington County v. Wisconsin Employment Relations Commission

WISCTAPPMarch 9, 2011No. No. 2010AP582
Defendant WinWashington County
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Case Details

Judge(s)
Brown, Neubauer, Reilly
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The appellate court reversed WERC's decision and held that Washington County did not have a duty to disclose its intention to subcontract laundry and housekeeping services during collective bargaining negotiations, as the Union failed to raise the issue of subcontracting during negotiations.

What This Ruling Means

**What Happened** Washington County planned to hire outside companies to handle laundry and housekeeping services instead of using union workers. The union argued that the county should have told them about this plan during contract negotiations. The Wisconsin Employment Relations Commission initially agreed with the union, saying the county had broken its duty to bargain in good faith by not disclosing these subcontracting plans. **What the Court Decided** The appellate court overturned that decision and sided with Washington County. The court ruled that the county didn't have to reveal its subcontracting plans because the union never brought up subcontracting as a topic during their contract negotiations. Since the union didn't raise this issue at the bargaining table, the county had no obligation to volunteer information about it. **Why This Matters for Workers** This ruling shows that unions need to be proactive during contract talks. If workers want protection against jobs being outsourced to other companies, their union representatives must specifically ask about subcontracting plans and negotiate language to address it. Employers aren't required to volunteer information about potential job changes unless unions bring up those concerns during negotiations.

This summary was generated to explain the ruling in plain English and is not legal advice.

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