County of Eau Claire v. AFSCME Local 2223

In County of Eau Claire v. AFSCME Local 2223, 190 Wis. 2d 298, 526 N.W.2d 802 (Ct. App. 1994), the Court dealt with the offices of clerk of court and register of deeds. The county had entered into a collective bargaining agreement with the union covering the employees in those offices. The collective bargaining agreement contained provisions for hiring and firing: required posting for hiring and required just cause for firing. Each office had a non-union chief deputy position, but virtually every other employee was deputized and was covered by the agreement. The Court first stressed the importance of harmonizing, if possible, the provisions of a collective bargaining agreement under MERA with other conflicting statutory provisions. See County of Eau Claire, 190 Wis. 2d at 304. The Court observed that Crawford involved only a single chief deputy in the offices of clerk of court and register of deeds. We then limited the holding of Crawford to those facts "to avoid the evisceration of the legislative intent underlying MERA" and the statutes authorizing the clerk of court and register of deeds to appoint and discharge deputies. County of Eau Claire, 190 Wis. 2d at 305. While Crawford could not reconcile the appointment of a deputy clerk and deputy register at the pleasure of their superior, it does not follow that the number of appointments pursuant to this statutory power is unlimited. The size and function of the particular office will ultimately determine the scope of the power. Id. The Court then remanded the case to determine whether any employees were exempt under MERA as supervisors or managers. If not, they would remain covered by the agreement and were not exempt merely because they were deputized. See Eau Claire, 190 Wis. 2d at 307.