Investigation & Determination of an Appropriate Unit & Exclusive Representative Hill-Murray Federation of Teachers, St. Paul v. Hill-Murray High School, Maplewood

487 N.W.2d 857, 1992 Minn. LEXIS 208, 1992 WL 171587
CourtSupreme Court of Minnesota
DecidedJuly 24, 1992
DocketC3-90-2617
StatusPublished
Cited by51 cases

This text of 487 N.W.2d 857 (Investigation & Determination of an Appropriate Unit & Exclusive Representative Hill-Murray Federation of Teachers, St. Paul v. Hill-Murray High School, Maplewood) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Investigation & Determination of an Appropriate Unit & Exclusive Representative Hill-Murray Federation of Teachers, St. Paul v. Hill-Murray High School, Maplewood, 487 N.W.2d 857, 1992 Minn. LEXIS 208, 1992 WL 171587 (Mich. 1992).

Opinions

KEITH, Chief Justice.

The Minnesota Federation of Teachers, on behalf of certain lay employees of Hill-Murray High School, petitioned the Minnesota Bureau of Mediation Services (Bureau) for determination of an appropriate bargaining unit and certification as exclusive representative under the provisions of the Minnesota Labor Relations Act (MLRA or Act), Minn.Stat. § 179.01-17 (1990). Hill-Murray High School (Hill-Murray) moved to dismiss the petition and asserted that Bureau jurisdiction would directly infringe upon their rights under both the federal and state constitutions. The Bureau denied the motion to dismiss the petition, determined a bargaining unit and ordered an election. The members of the bargaining unit voted in favor of representation and the Bureau certified the Minnesota Federation of Teachers as the exclusive representative. The court of appeals reversed the Bureau’s decision holding that the state was prohibited by the religion clauses of the state and federal constitutions from applying the MLRA to a religiously affiliated high school. Hill-Murray Fed’n of Teachers v. Hill-Murray High Sch., 471 N.W.2d 372 (Minn.App.1991). We reverse.

I.

Hill-Murray High School was created by the 1971 merger of Hill High School for boys and Archbishop Murray Memorial High School for girls. The mission of Hill-Murray High School is “to provide a well-rounded quality education in a Christian context. The pursuit of excellence in all areas of learning and personal growth is integrated with a deepening faith in Christ’s message for whole and effective living.” Hill-Murray High School, Faculty and Staff Handbook, 1989-90 at 3. This mission is reflected in the activities and atmosphere of the school. The vast majority (80%-85%) of students and teachers are [860]*860Catholic although only teachers of religion are required to be Catholic. The school observes the Catholic seasons and holds at least one Mass per month which all students and teachers are expected to attend. The school operates a campus ministry and there is daily prayer in the classrooms. A religion department provides formal theology and religious instruction for the students. The students are required to take religion courses each trimester. The religion teachers are certified by the Archdiocese and may be removed from employment by the Archbishop. The Archbishop reviews and oversees the church doctrine that is taught at the school.

Hill-Murray is also a college preparatory secondary school at which students study mathematics, history, English, science, music, etc. and are able to participate in debate, theatre, student council, athletics, the Yearbook, Quiz Bowl, Homecoming, and in all the other myriad activities that make up the typical Minnesota high school experience. Hill-Murray is accredited by the North Central Association Commission on Schools in compliance with the requirements of the State Board of Education. The school receives public aid on behalf of the students for textbook subsidies, counseling, guidance, health services, and transportation.

The school is operated by the Hill-Murray Education Association, Inc. (Association) which leases the school premises from the St. Paul Priory. The Association is a non-profit corporation incorporated under the laws of Minnesota. Membership in the Association is composed of the parents and legal guardians of the children who are enrolled at the school. The Association is governed by a fifteen person Board of Education. The Board of Education consists of two persons appointed by the Archbishop, three persons appointed by the Prioress of the St. Paul Priory, the president of the Hill-Murray Fathers Club, the president of the Hill-Murray Mothers Club, six persons elected by a majority of the Association and two persons appointed by the majority of the Board of Education. The Board of Education has the final authority for school policy and also has responsibility for setting budgets, establishing salaries and appointing the superintendent.

The teachers are under contract with the administration of Hill-Murray. The removal of teachers from employment is subject to the provisions of these contracts. They are required to support the teachings of the Catholic Church with respect to faith, morals, and specific doctrines of the church. The Faculty and Staff Handbook outlines many of the school policies including the grievance procedures and non-salary conditions of employment. Hill-Murray has a voluntary grievance procedure to be used in the resolution of disputes. Under this procedure, the complainant negotiates first with the person with whom the complainant has a grievance. Unresolved grievances are referred up the chain of authority until they reach a Review Committee of the Board of Education. There is also a salary negotiating committee that consists of teachers, administrators, and members of the Board of Education. It is not a collective bargaining process and Hill-Murray is not formally bound to continue recognition of the committee. Non-salary conditions of employment, as defined in the Faculty and Staff Handbook, include a description of the basic duty day (five teaching periods and one prefecting period), sixth class teaching assignment, health insurance, retirement program and procedure, unemployment insurance, tenure policy, substitution compensation, school related damage or loss of personal property, and professional liability insurance.

In 1989 the Hill-Murray Federation of Teachers petitioned the Bureau for determination of an appropriate unit and certification as exclusive representative of certain lay employees. The Bureau conducts elections pursuant to the MLRA to determine whether employees wish to be represented by a labor organization for the purposes of collective bargaining regarding [861]*861rates of pay, wages, hours of employment and conditions of employment. See Minn. Stat. § 179.16 (1990). Once the Bureau has certified an exclusive representative for bargaining, it has no ongoing authority to require parties to negotiate or to order sanctions against the parties. Any unfair labor practice must be resolved in district court pursuant to Minn.Stat. § 179.14 (1990). The Bureau held hearings over the course of several days and ultimately issued an order determining a bargaining unit and directing an election. The bargaining unit was composed of teachers, counselors, and librarians, and excluded employees in supervisory positions, the teachers in the religion department, and the elementary school music teachers.1 Eighteen of the twenty-seven members of the bargaining unit voted in favor of representation by the Minnesota Federation of Teachers. The Bureau certified the Minnesota Federation of Teachers as the exclusive representative. The Minnesota Federation of Teachers is a local union affiliated with the American Federation of Teachers and the AFL-CIO.

Hill-Murray raised constitutional objections to the Bureau’s assertion of jurisdiction from the very beginning. The Bureau, while cognizant of the constitutional issues implicated by the application of the MLRA to Hill-Murray, appropriately declined to address the constitutional issues and specifically preserved them for consideration by the courts.

Hill-Murray appealed the Bureau’s assertion of jurisdiction to the Minnesota Court of Appeals. The court of appeals reversed the Bureau’s decision certifying the union as the exclusive representative on state and federal constitutional grounds. Hill-Murray Fed’n of Teachers v.

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Bluebook (online)
487 N.W.2d 857, 1992 Minn. LEXIS 208, 1992 WL 171587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/investigation-determination-of-an-appropriate-unit-exclusive-minn-1992.