Milwaukee District Council 48 v. Milwaukee CountyAnnotate this Case
The Supreme Court interpreted Milwaukee County General Ordinance 201.24(4.1) to mean that employees not covered by the terms of a collective bargaining agreement (CBA) were entitled to the benefit of the “Rule of 75” if they were hired prior to January 1, 2006, and that, on September 29, 2011, the operative date of the County’s amended ordinance, members of Milwaukee District Council 48 of the American Federation of State, County and Municipal Employees (DC-48) were not covered by the terms of a CBA because the last CBA had expired.
At issue were pension benefits, known as the Rule of 75, to certain DC-48 members. The County enacted an ordinance granting Rule of 75 benefits to all employees “not covered by the terms of a [CBA]” as long as those employees were hired before 2006. DC-48 sought a declaratory judgment that its members were not covered by the terms of a CBA and that all members hired prior to January 1, 2006 were eligible for the Rule of 75. The circuit court concluded that DC-48 members were not covered by the terms of a CBA on September 29, 2011. The Supreme Court affirmed, holding that, pursuant to an active CBA, the members of DC-48 were not “covered by the terms” of a CBA on September 29, 2011.