Minneapolis Federation of Teachers, Local 59 v. Obermeyer

147 N.W.2d 358, 275 Minn. 347, 1966 Minn. LEXIS 766, 64 L.R.R.M. (BNA) 2118
Supreme Court of Minnesota·Decided December 9, 1966·No. 40477 & 40478·Published·Cited by 41 cases

Opinions

Murphy, Justice.

These are appeals from judgments entered in declaratory judgment actions. Error is assigned in the trial court’s holding that L. 1965, c. 839, § 7 (Minn. St. 179.572), which excepts teachers from the application of the rest of c. 839, is unconstitutional and severable. Chapter 839 amended and added new provisions to the so-called Public Employees Labor Relations Act (Minn. St. 179.50 to 179.58).

The parties involved in this appeal are rival groups of public school teachers. Respondent Minneapolis Federation of Teachers, Local 59, is a trade-union-oriented organization affiliated with the AFL-CIO and hereinafter referred to as “Local 59.” Appellant, City of Minneapolis Education Association, a nonunion organization, is affiliated with the Minnesota Education Association and the National Education Association. These two organizations have deep and irreconcilable differences which give rise to a conflict between them as to the manner in which teachers should communicate and treat with school boards on subjects relating to wages and conditions of employment.1 We gather from the extended arguments submitted, the original files which constitute the record, briefs of the parties, and briefs amicus curiae that both groups seek the same objective but differ as to means. A review of the attempts of public school teachers to attain some satisfactory basis for meaningful communication with school boards by which their demands might be made known, considered, and resolved in a manner consistent with individual dignity and the ethics of their calling is a study of frustration.

Some background references should be noted. The threat of a strike as a means of dealing with employer-employee relationships in the public educational system came to the surface in January 1951, when the Board of Education of the city of Minneapolis sought an injunction restraining a threatened strike by a union composed of school mainte[350]*350nance employees. Board of Education of City of Minneapolis v. Public School Employees’ Union, 233 Minn. 144, 45 N. W. (2d) 797, 29 A. L. R. (2d) 424. The disposition of that dispute turned upon the interpretation of a procedural statute and contributed nothing to the law with which we are here concerned aside from raising a spectre of the dangers of strikes by public employees, a subject which the legislature promptly acted upon at its next session. By L. 1951, c. 146, the legislature adopted an act “to prohibit strikes by certain public employees; to provide certain disciplinary action with respect thereto; to provide for the adjustment of grievances and reporting the facts relative thereto; and to provide conditions of reemployment.” This act was amended by L. 1957, c. 789, which provided that public employees “shall have the right to form and join labor organizations” and prohibited intimidation or coercion in such activity. Apparently, the act was also intended to aid public employees in their dealings with heads of government agencies. The act comprehended that the services of the labor conciliator should be utilized to investigate controversies and to ascertain representatives of employee groups by means of a secret ballot. By our decision in Richfield Federation of Teachers v. Richfield Education Assn. 263 Minn. 21, 27, 115 N. W. (2d) 682, 686, this provision of the act was found to be lacking in vitality. We there held that “the Conciliator has no implied authority to specify units of representation for purposes of implementing the provisions of the act governing meetings between public employers and public employees under § 179.52.”

The next development occurred when President Kennedy promulgated an executive order on January 17, 1962, on “Employee-Management Cooperation in the Federal Service.” Exec. Order No. 10988, 27 F. R. 551. This order provided definite means of communication between associations of Federal government employees and agency heads, which would make it possible to focus public attention upon the merits of employee claims. Apparently, the Minnesota Legislature intended that the 1965 Public Employees Labor Relations Act should be patterned after the proposals contained in President Kennedy’s executive order. In amending prior laws on the subject, the legislature in L. 1965, [351]*351c. 839, recognized in its statement of policy that “adequate means should be provided for preventing controversies between governmental agencies and public employees, and for resolving them when they occur.” Because the nature of governmental service required “special limitations upon public employment,” it was incumbent upon the state to provide “orderly procedures for the participation by public employees and their representatives in the formulation of personnel policies and plans to insure the fair and considerate treatment of public employees, to eliminate employment inequities, and to provide effective means of resolving questions and controversies with respect to terms and conditions of employment.” The legislature expressed the policy that governmental agencies should “enter into discussions with affirmative willingness to resolve grievances and differences” and that there was a “mutual obligation to endeavor in good faith to resolve grievances and differences * * * within the framework of laws and charter provisions.” It is unnecessary to go into the various provisions of c. 839 except to say that in substance it provides for a collective bargaining arrangement for meaningful negotiations subject to the limitation that it does not insure binding arbitration — a limitation inherent in the nature of governmental employment. The act reaffirms denial of the right to strike; affirms the right of public employees to form and join labor or employee organizations; and provides for the election of a representative who may bargain and treat with agency heads as the representative of all employees if the organization represents a majority of the employees.

The part of c. 839 which gives rise to this controversy is § 7 (Minn. St. 179.572), which states that the act shall not apply to public school teachers as defined in Minn. St. 125.03, subd. 1. The reason for this exception was that the legislature intended to make special provision for the manner in which school teachers should treat with school boards with relation to questions growing out of their employment. Simultaneously with the enactment of c. 839, the legislature enacted a bill which provided teachers with grievance and representation machinery differing from that provided for other public employees. The bill, House File 1504, was entitled “A Bill for an Act Relating to the Teaching Profession and Providing for the Settlement of Disputes Be[352]*352tween School Boards and Certified School Personnel in the Public Schools of This State.” This bill expressed the policy that it would be in the best interests of public education “that a legal procedure be established on a professional level for the orderly, equitable and expeditious settlement of * * * disputes.” The bill affirmed the right of teachers “to join and form organizations” to deal with the terms and conditions of professional public education and their right “not to join and form such organizations.” It affirmed the right of certificated school personnel “to designate representatives for the purpose of meeting with the school board or any committee thereof in an effort to reach a solution to problems” arising from terms and conditions of employment.

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

Minneapolis Federation of Teachers, Local 59 v. Obermeyer, 147 N.W.2d 358, 275 Minn. 347, 1966 Minn. LEXIS 766, 64 L.R.R.M. (BNA) 2118 (Mich. 1966).

147 N.W.2d 358 (Minneapolis Federation of Teachers, Local 59 v. Obermeyer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Casino Marketing Group, Inc.
475 N.W.2d 505 (Court of Appeals of Minnesota, 1991)
State v. Christensen
439 N.W.2d 389 (Court of Appeals of Minnesota, 1989)
AFSCME Councils 6, 14, 65 & 96, AFL-CIO v. Sundquist
338 N.W.2d 560 (Supreme Court of Minnesota, 1983)
AM. FED. OF STATE, COUNTY, & MUN. EMP. v. Olson
338 N.W.2d 97 (North Dakota Supreme Court, 1983)
Anchorage Education Ass'n v. Anchorage School District
648 P.2d 993 (Alaska Supreme Court, 1982)
Commercial National Bank of Chicago v. City of Chicago
432 N.E.2d 227 (Illinois Supreme Court, 1982)
Ulland v. Growe
262 N.W.2d 412 (Supreme Court of Minnesota, 1978)
State v. Forge
262 N.W.2d 341 (Supreme Court of Minnesota, 1977)
Price v. Amdal
256 N.W.2d 461 (Supreme Court of Minnesota, 1977)
Federal Distillers, Inc. v. State
229 N.W.2d 144 (Supreme Court of Minnesota, 1975)
Bodin v. City of St. Paul
227 N.W.2d 794 (Supreme Court of Minnesota, 1975)
Anderson v. Lappegaard
224 N.W.2d 504 (Supreme Court of Minnesota, 1974)
State v. Andrews
212 N.W.2d 863 (Supreme Court of Minnesota, 1973)
Perry v. Independent School District No. 696
210 N.W.2d 283 (Supreme Court of Minnesota, 1973)
Hay v. Township of Grow, Anoka County
206 N.W.2d 19 (Supreme Court of Minnesota, 1973)
Gary Teachers Union Local No. 4 v. School City of Gary
284 N.E.2d 108 (Indiana Court of Appeals, 1972)