In Re Petition for Decertification

730 N.W.2d 300
CourtCourt of Appeals of Minnesota
DecidedApril 24, 2007
DocketA06-892
StatusPublished

This text of 730 N.W.2d 300 (In Re Petition for Decertification) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Petition for Decertification, 730 N.W.2d 300 (Mich. Ct. App. 2007).

Opinion

730 N.W.2d 300 (2007)

In the Matter of a PETITION FOR DECERTIFICATION OF AN EXCLUSIVE REPRESENTATIVE CERTAIN EMPLOYEES OF the UNIVERSITY OF MINNESOTA, UNIT 9, CROOKSTON, Minnesota, Respondent,
University Education Association, Education Minnesota, Duluth, Minnesota, Respondent,
v.
UNIVERSITY OF MINNESOTA, Minneapolis, Minnesota, Relator.

No. A06-892.

Court of Appeals of Minnesota.

April 24, 2007.

*302 Christina L. Clark, Harley M. Ogata, General Counsel, Education Minnesota, St. Paul, MN, for respondent University Education Association.

Mark B. Rotenberg, General Counsel, Shelley Carthen Watson, Associate General Counsel, Minneapolis, MN, for relator University of Minnesota.

Considered and decided by RANDALL, Presiding Judge; TOUSSAINT, Chief Judge; and HUDSON, Judge.

OPINION

HUDSON, Judge.

This certiorari appeal by the University of Minnesota from the dismissal of a decertification petition filed by a group of instructional employees at the university's Crookston campus requires us to consider whether for decertification purposes the Outstate Instructional Unit, also known as Unit 9, is a single unit comprising instructional employees at the Duluth and Crookston campuses, or two units, one comprising Duluth instructional employees and another comprising Crookston instructional employees. The Bureau of Mediation Services concluded that Unit 9 is a single unit and it dismissed the petition reasoning that it lacked the required showing of support by 30% of instructional employees at both the Duluth and Crookston campuses. The university challenges the bureau's determination, arguing that the appropriate unit for decertification purposes includes only Crookston instructional employees. By notice of review, respondent University Education Association challenges BMS's determination that the university is a party to the proceedings. Based on the plain language of the decertification provision in Minnesota's Public Employment Labor Relations Act, Minn. Stat. § 179A.12, subd. 3 (2004), we affirm.

FACTS

Minnesota's Public Employment Labor Relations Act (PELRA) identifies 13 bargaining units for University of Minnesota employees. Minn.Stat. § 179A.11, subd. 1 (2004). The Outstate Instructional Unit, known as Unit 9, consists of all instructional employees located at the university's Duluth campus (UMD). Id., subd. 1(9). Instructional employees at the university's Morris, Waseca, and Crookston campuses may independently elect to join Unit 9 if a majority of eligible employees at a particular campus votes to be included and the election is conducted after UMD instructional employees have voted in favor of representation. Id. The commissioner of the Bureau of Mediation Services (the commissioner) must hold an election if an employee organization or group of employees at a particular campus files a certification petition supported by 30% of eligible employees at that campus. Id.[1]

*303 The instructional employees at the Duluth campus voted in favor of representation by respondent University Education Association, Education Minnesota (UEA) in 1980. UEA and the university are parties to a collective bargaining agreement governing the UMD faculty that is effective by its terms from July 1, 2003 through June 30, 2006. In October 2004, UEA filed a petition to represent instructional employees at the university's Crookston campus (UMC). In January 2005, the UMC faculty voted to be included within Unit 9, which meant that they would be represented by UEA. In February 2005, the commissioner issued a certification of exclusive representative for Unit 9.

A year later, a group of UMC instructional employees filed a petition to decertify UEA as the exclusive representative of UMC instructional employees. UEA moved to dismiss the petition, arguing that the university was not a party to the proceeding and that because Unit 9 is one unit for decertification purposes, the decertification petition—which was supported by 30% of UMC instructional employees only—was not supported by the required showing of interest (30% of all eligible employees within the Unit, including both the Duluth and Crookston campuses).

The Bureau of Mediation Services (BMS) ruled that the university was a party to the decertification proceeding, but it dismissed the petition, reasoning that Unit 9 was one bargaining unit that included UMC and UMD instructional employees and that the decertification petition was therefore unsupported by the required showing of interest. This certiorari appeal by the university follows.

ISSUES

I. Is the University of Minnesota a proper party to the decertification proceedings?

II. For purposes of decertification of an exclusive representative, is the Outstate Instructional Unit a single unit comprising Duluth and Crookston instructional employees or two units, one comprising Duluth instructional employees and another comprising Crookston employees?

ANALYSIS

An appellate court may reverse an agency decision if the decision reflects an error of law, if it is arbitrary, or if its findings are unsupported by the record. County of Scott v. Pub. Employment Relations Bd., 461 N.W.2d 503, 504 (Minn.App. 1990), review denied (Minn. Dec. 20, 1990). Questions of statutory interpretation are subject to de novo review. See Hibbing Educ. Ass'n v. Pub. Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985) (stating that the construction of PELRA raises a question of law). Although an agency's interpretation of a statute is "entitled to great respect," appellate courts are not bound by an agency's interpretation of a statute. Indep. Sch. Dist. No. 621 v. Pub. Employment Relations Bd., 268 N.W.2d 410, 412 n. 5 (Minn.1978).

*304 I

UEA argues that the appeal must be dismissed because the university is not a proper party to the proceedings and lacks standing. We disagree.

The rules adopted by the commissioner in connection with the administration of PELRA define a party as "any exclusive representative, employee organization, or public employer recognized by the commissioner[,] whose legal rights, duties, and privileges will be directly determined in the proceedings." Minn. R. 5510.0310, subp. 16 (2005) (emphasis added). The university is a "party" to the decertification proceedings within the meaning of PELRA because it is a public employer whose legal rights and obligations will be directly determined by the decertification proceedings. Depending on the outcome of the proceedings, the university will either regain the right to negotiate directly with UMC instructional employees and be required to comply with university policies regarding unrepresented instructional employees, or it will continue to be required to bargain in good faith with UEA with respect to UMC instructional employees and to comply with existing obligations under PELRA regarding represented employees.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

County of Scott v. Public Employment Relations Board
461 N.W.2d 503 (Court of Appeals of Minnesota, 1990)
Hibbing Education Ass'n v. Public Employment Relations Board
369 N.W.2d 527 (Supreme Court of Minnesota, 1985)
State Ex Rel. Humphrey v. Philip Morris Inc.
551 N.W.2d 490 (Supreme Court of Minnesota, 1996)
In Re Complaint Against the Sandy Pappas Senate Committee
488 N.W.2d 795 (Supreme Court of Minnesota, 1992)
Independent School District No. 621 v. Public Employment Relations Board
268 N.W.2d 410 (Supreme Court of Minnesota, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
730 N.W.2d 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-for-decertification-minnctapp-2007.