School Service Employees Local No. 284 v. Independent School District No. 270

499 N.W.2d 828, 144 L.R.R.M. (BNA) 2563, 1993 Minn. App. LEXIS 457, 1993 WL 138143
CourtCourt of Appeals of Minnesota
DecidedMay 4, 1993
DocketC1-92-1485
StatusPublished
Cited by2 cases

This text of 499 N.W.2d 828 (School Service Employees Local No. 284 v. Independent School District No. 270) 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
School Service Employees Local No. 284 v. Independent School District No. 270, 499 N.W.2d 828, 144 L.R.R.M. (BNA) 2563, 1993 Minn. App. LEXIS 457, 1993 WL 138143 (Mich. Ct. App. 1993).

Opinion

OPINION

DAVIES, Judge.

Appellant school district challenges the decision to accrete 60 instructional assistants to the district’s paraprofessional bargaining unit. We affirm.

FACTS

In 1991 the Hopkins School District designed an experimental program to use 60 “instructional assistants” to help classroom teachers in kindergarten through second grade. Unlike existing paraprofessionals, who do not perform instructional tasks and must meet only limited educational requirements, these instructional assistants are intended to perform instructional tasks independently and are required to have some education and background in teaching. The position, because experimental, is to evolve over time.

In June 1991, before the instructional assistants had been hired, School Service Employees Local 284, the bargaining unit representing all paraprofessionals in the district, filed a petition to accrete instructional assistants to it. The district opposed the accretion, contending that teachers would oppose the program if instructional assistants were included in the same unit as paraprofessionals.

The Bureau of Mediation Services (“BMS”) held a hearing on the petition in August 1991. Although the program was not yet underway, a number of witnesses testified about the instructional assistants’ duties and about the district’s expectations for the program. In October, the BMS commissioner issued an order accreting the instructional assistants to the paraprofessional unit, finding a community of interest between the groups.

On appeal to the Advisory Task Force for the Commissioner of Administration (“the task force”), the district moved for remand to the BMS for the taking of additional evidence. The district argued that, because the program was now functioning, witnesses could testify more accurately about the instructional assistants’ duties and that such testimony would show the error in assigning instructional assistants to the paraprofessional unit. The task force granted the motion. On remand, although the district was prepared to offer six witnesses, the BMS limited testimony to the two individuals specifically identified in the district’s motion.

Following the remand hearing, the task force again reviewed — and affirmed — the BMS commissioner’s decision to accrete the instructional assistants to the paraprofessional unit. The district petitioned for a writ of certiorari.

ISSUES

I. Did the Bureau of Mediation Services err on remand by limiting the evidence received to that specifically described in the district’s motion for remand?

II. Should the instructional assistants have the opportunity to vote on representation?

III. Did the task force err in assigning instructional assistants to the paraprofessional bargaining unit?

ANALYSIS

I. Testimony

At the remand hearing, the BMS hearing examiner refused to allow testimony other than that of the two individuals identified in the district’s motion. The district now contends that this limitation was beyond the authority of the BMS in light of the task force’s order, and that it was prejudicial.

The district’s motion to the task force regarding the witnesses and their expected testimony was detailed and specific. It contained no language reserving the possibility that the district would submit evidence beyond the testimony of the two witnesses described. The task force's re *831 sponse was general and simply granted the motion. We cannot say, therefore, that the task force intended to compel the testimony of more witnesses than requested. The BMS was within its authority in limiting the testimony on remand.

In any case, the additional testimony offered by the district appears to be unnecessary to the decision. Most of the offered testimony pertained to the instructional assistants’ role and the difference between instructional assistants and other paraprofessionals. The differences between the two groups had already been testified to at great length. The ultimate decision was based on the basic similarities in the working conditions between the instructional assistants and other paraprofessionals. Thus, even if the BMS had erred in limiting the evidence, the error was not prejudicial.

II. Election

When it is proposed that employees be accreted to a bargaining unit, the Public Employment Labor Relations Act (“PELRA”) does not grant them an election on their preferred bargaining unit. County of Scott v. Public Employment Relations Bd., 461 N.W.2d 503, 506 (Minn.App.1990), pet. for rev. denied (Minn. Dec. 20, 1990). The Act includes a statement of general policy that employees are free to choose their own bargaining representative, Minn.Stat. § 179A.01(1) (1990), but the employee advice is only one factor among many to be considered. See Minn.Stat. § 179A.09, subd. 1 (1990). Therefore, the task force did not err in refusing to delay its decision until the instructional assistants were hired and voted.

III. Accretion to Unit

The task force’s decision to ac-crete employees to a bargaining unit is presumed to be correct. Scott County, 461 N.W.2d at 504. On review, this court must defer to an agency’s expertise and knowledge in its particular field. Reserve Mining Co. v. Herbst, 256 N.W.2d 808, 824 (Minn.1977). The task force’s decision will be reversed only if it reflects an error of law, is arbitrary and capricious, or its findings are unsupported by substantial evidence. Scott County, 461 N.W.2d at 504.

Under Minn.Stat. § 179A.09, subd. 1, the criteria to be considered in determining the appropriate bargaining unit for a group of employees are

the principles and the coverage of uniform comprehensive position classification and compensation plans of the employees, professions and skilled crafts, and other occupational classifications, relevant administrative and supervisory levels of authority, geographical location, history, extent of organization, the recommendation of the parties, and other relevant factors. The commissioner shall place particular importance upon the history and extent of organization, and the desires of the petitioning employee representatives.

The district contends that the task force erroneously interpreted the statute as requiring it to determine “an” appropriate unit for the instructional assistants, not “the” appropriate unit. It contends that if the task force had determined “the” appropriate unit, it would have given significant weight to the “educational effect” of assigning the instructional assistants to the paraprofessional unit. Even if the statute required the task force to determine “the” appropriate unit, the task force would still be obligated to follow the statutory directive in section 179A.09 in making its decision.

Although the statute is designed to take public interest factors into account, see Minn.Stat.

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Related

In re Clarification of an Appropriate Unit
555 N.W.2d 552 (Court of Appeals of Minnesota, 1996)
In Re Petition for Clarification of an Appropriate Unit
529 N.W.2d 717 (Court of Appeals of Minnesota, 1995)

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499 N.W.2d 828, 144 L.R.R.M. (BNA) 2563, 1993 Minn. App. LEXIS 457, 1993 WL 138143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-service-employees-local-no-284-v-independent-school-district-no-minnctapp-1993.