Minnesota State College Board v. Public Employment Relations Board

228 N.W.2d 551, 303 Minn. 453, 1975 Minn. LEXIS 1557, 89 L.R.R.M. (BNA) 2833
CourtSupreme Court of Minnesota
DecidedApril 11, 1975
DocketNo. 45587
StatusPublished
Cited by13 cases

This text of 228 N.W.2d 551 (Minnesota State College Board v. Public Employment Relations Board) 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
Minnesota State College Board v. Public Employment Relations Board, 228 N.W.2d 551, 303 Minn. 453, 1975 Minn. LEXIS 1557, 89 L.R.R.M. (BNA) 2833 (Mich. 1975).

Opinion

Per Curiam.

This is an appeal from an order and judgment of the Ramsey County District Court, Second Judicial District, determining that the appropriate bargaining unit for faculty members employed at the seven state colleges is a single state-wide unit. We affirm.

The Minnesota State College System is comprised of campuses at seven separate locations, including Bemidji, Mankato, Moor-head, Marshall, Winona, St. Cloud and St. Paul. The total student enrollment at the various institutions is approximately [455]*45533,000 students, while approximately 2,000 persons are employed as faculty and similar unclassified personnel at these seven state colleges. The crux of the instant action is that these faculty members are seeking a determination of the appropriate bargaining unit to implement their collective bargaining purposes. Such a unit determination is a necessary preliminary to the determination of the exclusive representative for employees pursuant to Minn. St. 179.61 to 179.76, the Public Employment Labor Relations Act of 1971 (hereafter PELRA).

The procedural history of this action spans a period of nearly three years. On May 24, 1972, the Inter-Faculty Organization (hereafter IFO) and the Minnesota State College Board (hereafter SCB) filed a joint petition with the director of the Bureau of Mediation Services (hereafter BMS), pursuant to Minn. St. 179.67. The petition sought certification of the IFO as the exclusive representative of all faculty members within the state college system. Objections to the petition were filed by the Minnesota Federation of Teachers (hereafter MFT) and the American Association of University Professors (hereafter AAUP). As a result, a hearing was conducted by Vern E. Buck, the director, on August 15, 1972, to determine the appropriate unit. Representatives of the SCB, MFT (the appellant here), AAUP, IFO, and the Minnesota Education Association (hereafter MEA) appeared, examined witnesses and submitted exhibits and written briefs.

The director, on January 22,1973, issued an order which determined that:

“* * * a state-wide unit of all state colleges for the purpose of negotiating conditions of employment for the faculty constitutes an appropriate unit unless challenged by more than 50% of the faculty members of any individual college; and, if so challenged, consideration would then be given.”

It appears that no appeal was taken from this order.

Difficulties arose when, throughout the latter part of 1972 and [456]*456early 1973, IFO, as this exclusive representative of the state-wide faculty, commenced negotiations with the State College Board. Negotiations were halted pursuant to a February 15, 1973, order of the new director of the Bureau of Mediation Services, Mr. Charles A. Swanson. The order essentially prohibited further negotiations between IFO and SCB until an appropriate bargaining unit could be determined and the exclusive representative certified. This order was issued pending determination of the validity of the petition of MFT (appellant), filed February 9, 1973, which sought a determination that Moorhead State was an appropriate bargaining unit and that it be identified as the representative of that unit. A further petition was filed by MFT in February 1973, also seeking a determination of Southwest State as an appropriate bargaining unit and of MFT as exclusive representative of the faculty at Southwest State College.

On March 12, 1973, the IFO filed an amendment to its petition for certification with Director Swanson. The essence of the petition was that it sought a representative election to determine the exclusive representative. On March 15, 1973, the SCB withdrew from its joint petition of May 24, 1972, filed with the director in conjunction with the IFO.

On March 16,1973, Director Swanson issued an order concluding that the order of January 22, 1973, determining a state-wide unit be “without force and effect.”1 The March 16, 1973, order also contained provisions that (1) the petitions of the IFO and the MFT be consolidated for hearing on March 20,1973, in Moor-head to determine the appropriate bargaining unit; (2) that IFO’s amended petition be designated as a petition for election pursuant to Minn. St. 179.67, subd. 4; (3) that the petitions of MFT be treated as a petition for election with one unit proposed at Moorhead and another at Southwest; and, finally, (4) that all [457]*457parties could meet and negotiate to the end that SCB could grant salary increases to faculty members, but no written agreements might be reached until certification of an exclusive representative had occurred.

Hearings were held on March 20, 29, and 30, 1973, for a determination as to whether a single state-wide unit or the individual colleges constituted the appropriate geographic bargaining unit. On May 30, 1973, the AAUP filed a petition for determination of an appropriate unit on a state-wide basis and for its certification as the exclusive representative of the state college faculty. The petition stated that the AAUP had the support of 30 percent of those it chose to represent. Minn. St. 179.67, subd. 4.

On August 15,1973, Director Swanson issued the order of the Bureau of Mediation Services determining that:

“Separate and distinct bargaining units at each of the state colleges are the appropriate units for the faculty members employed in the State College System * * *. This geographic unit determination is final and is an appealable determination within the meaning of Minn. St. 179.72, subd. 3(b).”

Pursuant to Minn. St. 179.72, subd. 3(b), an appeal from this order was taken to the Public Employment Relations Board (hereafter PERB) by the IFO, SCB, MEA and AAUP, each advocating a state-wide unit. MFT favored separate units at Moor-head and Southwest. De novo hearings were conducted on October 8, 9, and 19, 1973, after which the parties submitted written briefs. In a 3-2 decision, the order of PERB, issued April 8, 1974, stated:

“Each State College is the appropriate unit for representation of faculty members.”

Appeal to the Ramsey County District Court, pursuant to Minn. St. 15.0424, was taken by the SCB and the State of Minnesota, Department of Personnel, John J. Jackson, Commissioner. The IFO and the MEA appeared and joined in the petition for [458]*458review, while the AAUP also appeared on the appeal from the PERB decision. MFT appeared in support of the PERB decision.

PERB moved for judgment on the pleadings on the basis that its decision was not subject to judicial review under the Administrative Procedure Act, and IFO moved to disallow affirmative recognition of the PERB throughout the proceedings. The Honorable Ronald E. Hachey denied both motions nunc pro tunc by order dated December 2, 1974.

The matter was tried on September 26,1974, before the Honorable John W. Graff following a stipulation that it be submitted upon written briefs of the parties and the entire record of all previous hearings and determinations.

In an order for judgment dated December 6, 1974, and entered December 11, 1974, incorporating the court’s memorandum opinion of November 13,1974, the decision of the PERB was reversed. The court concluded that:

“4. The appropriate geographical bargaining unit for members of the faculty employed at the seven state colleges is a statewide system.

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)
In re An Investigation of Unfair Election Practices Objections
461 N.W.2d 215 (Supreme Court of Minnesota, 1990)
Anderson v. Police Civil Service Commission
414 N.W.2d 389 (Supreme Court of Minnesota, 1987)
Knight v. Minnesota Community College Faculty Ass'n
571 F. Supp. 1 (D. Minnesota, 1982)
Patzwald v. Public Employment Relations Board
306 N.W.2d 118 (Supreme Court of Minnesota, 1981)
American Ass'n of University Professors v. Board of Regents
253 N.W.2d 1 (Nebraska Supreme Court, 1977)
Lincoln County Memorial Hospital v. Missouri State Board of Mediation
549 S.W.2d 665 (Missouri Court of Appeals, 1977)
Minn. St. College Bd. v. PUBLIC EMP. REL. BD.
228 N.W.2d 551 (Supreme Court of Minnesota, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
228 N.W.2d 551, 303 Minn. 453, 1975 Minn. LEXIS 1557, 89 L.R.R.M. (BNA) 2833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-state-college-board-v-public-employment-relations-board-minn-1975.