Iowa County v. Iowa County Courthouse Soc. Servs. Employees
In Iowa County v. Iowa County Courthouse Soc. Servs. Employees, 166 Wis. 2d 614, 480 N.W.2d 499 (1992), the position of register in probate became vacant. A statute provided that the judge shall appoint the register in probate.
The county's collective bargaining agreement, however, provided that vacancies must be posted and that the most senior person applying must get the job.
The Court concluded that while a county may limit its own power with respect to registers in probate, e.g., setting salary, it could not bargain "restrictions on the hiring of a register in probate because it was not within its power to begin with." See Iowa County, 166 Wis. 2d at 620.
Thus, the provisions in the agreement which purported to limit the statutory power of the judge to appoint a register in probate were void. All other provisions remained in effect. See Iowa County, 166 Wis. 2d at 621.