Teamsters Local 41 vs City SuitIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
TEAMSTERS LOCAL UNION'~NO. 42,1,
V.
CITY OF DUBUQUE,
Complainant,
Respondent.
EQUITY
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANT:
YOU are notified that a petition has been filed in the office
of the clerk of this court naming you as the defendant in this
action. A copy of the petition (and any documents with it) is
atfRChed t~o this notice. The attorney for the plaintiff is Scott
D. Soldon Of PREVIANT, GOLDBERG, UELMEN, GRATz, MILLER & BRUEGGEMAN,'S.C~,
whose address is 1555 North RiverCenter Drive, ~202, Milwaukee, WI
53212. That attorney's telephone number is (414) 271-4500;
facsimile number (414) 271-6308.
You must serve a motion or answer within twenty (20) days
after service of this original notice upon you and, within a
reasonable time. thereafter, file your motion or answer with the
Clerk of Court for Dubuque County, at the county courthouse in
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Dubuque, Iowa. If you do not, judgment by default may be rendered
against you for the relief demanded in the petition.
If you require the assistance of auxiliary aids or services to
participate in court because of a disability, immediately call your
district ADA coordinator at (319) 589-4433. If you are hearing
impaired, call Relay Iowa TTY at (800) 735-2942.
//
Dubuque County Court~Q~se
Dubuque, Iowa
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IN THE IOWA DISTRICT COURT
FOR DUBUQUE COUNTY
TEAMSTERS LOCAL UNION NO. 421
Complainant,
V,
CITY OF DUBUQUE
Respondent.
Cas. No.
PETITION FOR DECLAP, ATORY
JUDGMENT
COMES NOW TEAMSTERS LOCAL UNION NO. 421, by its attorneys,
Scott D. Soldon and Andrea F. Hoeschen of Previant, Goldberg,
Uelmen, Gratz, Miller and Brueggeman, S.C., and pUrsuant to Iowa
Rule of Civil Procedure 261, alleges as follows:
1. Teamsters Local Union No. 421, ("Union"), an employee
representative within the meaning of Iowa Code § 20.3(4), is the
exclusive collective bargaining representative for certain
employees of the City of Dubuque. The Union's office is located at
195 E. 14th Street, Dubuque, Iowa, 52001, (319) 583-9149.
2. The City of Dubuque, ("City"), a public employer within
the meaning of § 20.3(1t), is located at 700 Locust Street,
Dubuque, Iowa, 52001-6824.
3. The City and the Union are parties to a collective
bargaining agreement (~Agreement") effective July 1, 2001 through
June 30, 2004.
4. Article I of the Agreement defines the bargaining unit to
include certain full-time employees in the Airport and Operations
and Maintenance Departments and Transit, Civic Center, Park,
Recreation and Parking Divisions. A copy of the Agreement is
attached as Exhibit A.
5. Employees in
the bargaining unit are covered by Iowa
civil service laws, Iowa Code Chapter 400.
6. The City has promulgated a policy that requires all city
employees hired after August 3t, 1980 to be residents of the State
of Iowa and have their principal place of residence either within
the corporate limits of the City of Dubuque or within 6.5 miles of
the corporate limits of the City of Dubuque. A copy of the policy
is attached as Exhibit B.
7. On or about April 23, 2002, the City informed certain
members of the bargaining unit in the operations and maintenance
department that they were in violation of the City's residency
policy and would be considered to have resigned their employment if
they failed to comply.
attached as Exhibit C.
A copy of the April 23, 2002 letter is
2
8. On April 26, 2002, affected bargaining unit members filed
a grievance with the City protesting the requirement that they move
within 6.5 miles of the City to maintain their employment with the
City.
9. The parties' collective bargaining agreement provides in
Article XXX that:
IA]ny matter governed by Iowa Civil SeT;ice Law (Chapter
400, Code of Iowa) shall not be considered a grievance and
subject to the grievance procedure.
10. The Union requested that the City submit the grievance
over the residency requirement to the civil service commission, but
the City declined, alleging that the civil service commission was
without jurisdiction to determine the legality of the residency
requirement. The City agreed to refrain from terminating any
employees pursuant to the residency policy until the Court resolved
this petition for declaratory judgment.
W~ER~FORE, the Union moves the Court:
1. Por a declaratory ruling that employees in Dubuque's
airport and operations and maintenance departments and transit,
civic center, park, recreation and parking divisions are not
critical employees within the meaning of Iowa Code § 400.17, and
that the city of Dubuque's residency requirement exceeds that which
is authorized by Iowa Code § 400.17;
Or, in the alternative,
2. A declaratory ruling that the Dubuque Civil Service
Commission has jurisdiction and statutory authority to determine
whether employees in Dubuque's airport and operations and
maintenance departments and transit~ civic center~ park~ recreation
and parking divisions are critical employees within the meaning of
Iowa Code § 400.17, and whether the City of Dubuque's residency
requirement exceeds that which is authorized by Iowa Code § 400.17;
3. Such other and further relief as the Court may deem just
and proper.
Wisconsin, this day of
Dated at Milwaukee,
October, 2002.
ANDREA F. HOESCHEN
PREVIANT, GOLDBERG, UELMEN,
GRATZ, MILLER & BRUEGGEi,~I{ s.c.
1555 N. RiverCenter Dr., Ste. 202
P. O. Box 12993
Milwaukee, WI 53212
414/271-4500
Fax No. 414/271-6308
ATTORNEYS FOR TEAMSTERS LOCAL 421
4
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
TEAMSTERS LOCAL UNION NO.
CITY OF DUBUQUE,
421,
Complainant,
Respondent.
Case No.
EQUITY
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANT:
YOU are notified that a petition has been filed in the office
of the clerk of this court naming you as the defendant in this
action. A copy of the petition (and any documents with it) is
atfached to this notice. The attorney for the plaintiff is Scott
D. Soldon of P~VIANT, C-OLDBERG, UELMEN, GRATZ, MILLER & BRUEGGEMAN, S.C.,
whose address is 1555 North RiverCenter Drive, ~202, Milwaukee, WI
53212. That attorney's telephone
facsimile number (414) 271-6308.
You must serve a
after service of this
reasonable time thereafter,
Clerk of Court for Dubuque
number is (414) 271-4500;
motion or answer within twenty (20) days
original notice upon you and, within a
file your motion or answer with the
County, at the county courthouse in
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Dubuque, Iowa. If you do not, judgment by default may be rendered
against you for the~relief demanded in the petition.
If you require the assistance of auxiliary aids or services to
participate in court because of a disability, immediately call your
district ADA coordinator at (319) 589-4433. If you are hearing
impaired, call Relay Iowa TTY at (800) 735-29~2.
CLERK OF COURT
Dubuque County CourtS, se
Dubuque, Iowa
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