STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

FREDERICK WERKMEISTER ROZAS, Complainant

KOHLER CO, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 199502961, EEOC Case No. 26G960258

On August 29, 1996, an administrative law judge (ALJ) for the Equal Rights Division of the Department of Workforce Development (Department of Industry, Labor and Human Relations prior to July 1, 1996) denied a motion by the respondent for a protective order quashing the complainant's First Set of Interrogatories and First Request for Production of Documents and relieving the respondent of all obligations to respond to the discovery requests.

The discovery requests were made by the complainant's counsel following the division's issuance of a July 24, 1996 notice of a probable cause hearing on the complainant's complaint of race and ancestry discrimination. A hearing has been scheduled for October 22, 1996.

The respondent has filed a petition seeking commission review of the ALJ's denial of its motion for a protective order.

This matter is not appealable to the commission. Wisconsin Administrative Code, section ILHR 218.21 provides in relevant part as follows:

(1) APPEALS LIMITED TO FINAL DECISIONS AND ORDERS. Any party may file a written petition for review of a final decision and order of the administrative law judge by the labor and industry review commission. Only final decisions and orders of the administrative law judge are appealable. A final decision is one which disposes of the entire complaint and leaves no further proceedings on that complaint pending before the division.

The ALJ's ruling on the respondent's motion has not disposed of the entire complaint. Further proceedings on the complaint are still pending before the division.

Accordingly, the Labor and Industry Review Commission issues the following:

ORDER

The respondent's petition is dismissed.

Dated and mailed: September 13, 1996
rozasfr.rpr : 125 : 9

Pamela I. Anderson, Chairman

Richard T. Kreul, Commissioner

David B. Falstad, Commissioner

cc:
ANNA C. WEINBERG
PAUL H. TEN PAS

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