Amalgamated Ass'n of St. Elec. Ry. & Motor Coach Emps. v. Wis. Emp't Relations Bd.

• Decision Date: 30 June 1950
• Citation: 257 Wis. 53,42 N.W.2d 477
• Parties: AMALGAMATED ASS'N OF STREET ELECTRIC RAILWAY & MOTOR COACH EMPLOYEES et al. v. WISCONSIN EMPLOYMENT RELATIONS BOARD et al.
• Court: Wisconsin Supreme Court

257 Wis. 53

42 N.W.2d 477

AMALGAMATED ASS'N OF STREET ELECTRIC RAILWAY & MOTOR COACH EMPLOYEES et al.

v.WISCONSIN EMPLOYMENT RELATIONS BOARD et al.

Supreme Court of Wisconsin.

May 2, 1950.

Rehearing Denied June 30, 1950.

Proceeding by the Amalgamated Association of Street Electric Railway & Motor Coach Employees and others against the Wisconsin Employment Relations Board and others, for the appointment of a conciliator to attempt to effect a settlement of a labor Railway & Transport Company and the petitioner. The Circuit Court, Milwaukee County, Roland J. Steinle, J., denied the petition to review and set aside all orders of the Employment Relations Board and Board of Arbitration and the petitioners appealed. The Supreme Court, Broadfoot, J., held that administrative agencies are not courts and statutes providing for compulsory arbitration of labor disputes do not violate constitutional provision relating to voluntary arbitration.

Judgment affirmed.

On December 31, 1948, the Milwaukee Electric Railway and Transport Company (hereinafter referred to as the company) filed a petition with the Wisconsin Employment Relations Board (hereinafter referred to as the board) for the appointment of a conciliator to attempt to effect a settlement of a labor dispute between the company and the Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Division 998, A. F. of L. (hereinafter referred to as the union.)

The petition alleged that a general labor agreement between the company and the union was due to expire at midnight, December 31, 1948; that the parties had attempted in good faith to negotiate the terms of an agreement for the year 1949, but had not been able to reach an agreement thereon; that the collective bargaining negotiations had reached an impasse and stalemate; that the parties will be unable to effect a settlement of their dispute without the intervention, aid and assistance of the conciliation and/or arbitration processes and procedures provided for in secs. 111.50 through 111.65 of the Wisconsin statutes, and that the company believed that the dispute, if not settled, will cause, or is likely to cause, an interruption of essential public passenger transportation services.

The board ordered a public hearing on the petition to be held on January 5, 1949. The union appeared and moved for the dismissal of the petition and that all further proceedings be terminated because the sections of the statute referred to in the petition were unconstitutional and void. The board overruled the union's motions and appointed a conciliator. Thereafter the parties met with the conciliator appointed by the board. The union at said meeting, and at subsequent meetings with the conciliator and the arbitrators thereafter appointed, reiterated its objections to the procedure for the purpose of preserving its rights in the matter and stating that its appearances were to be without prejudice to its objections to the validity of the law.

On January 31, 1949, the conciliator reported to the board that he had been unable to effect a settlement...