Sherek v. Independent School District No. 699

435 N.W.2d 844, 1989 WL 12344
CourtCourt of Appeals of Minnesota
DecidedApril 26, 1989
DocketC8-88-1284
StatusPublished
Cited by5 cases

This text of 435 N.W.2d 844 (Sherek v. Independent School District No. 699) 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
Sherek v. Independent School District No. 699, 435 N.W.2d 844, 1989 WL 12344 (Mich. Ct. App. 1989).

Opinions

OPINION

RANDALL, Judge.

Independent School District No. 699 acted in accordance with Minnesota law in denying appellant recall rights based on the consolidation of the school districts through an interdistrict cooperation agreement.

FACTS

The facts are essentially undisputed. Appellant Donald Sherek began teaching industrial arts in the Gilbert school district in the 1968/69 school year. At the end of the 1981/82 school year, Sherek was placed on unrequested leave of absence (ULA).

Four years later, the Gilbert and Eveleth school districts began negotiations for merger. Because of financial difficulties, the school districts entered into an interdis-trict cooperation agreement (IDCA). As a result of the IDCA, a Gilbert school building became the junior high for the district, and an Eveleth school building became the senior high. Before the IDCA, the Gilbert school district offered five courses in industrial arts and the Eveleth school district offered 18 courses in industrial arts. After the IDCA, both schools offered nine courses in industrial arts each, with a net reduction or loss of five sections of industrial arts. The IDCA was effective on July 1, 1986.

After implementing the IDCA, the joint seniority lists were circulated, one of which included Sherek, and two of which omitted him. The relative seniority ranking of the teachers involved in this litigation is as follows:

Overall Rank Employed

Donald Sherek.55 August 1968

Laurance Eleven ... 81 August 1970

Thomas Beste.94 August 1975

David Kriska.104 August 1976

It is not in dispute that as a result of the IDCA, no “new” positions were created, nor did any vacancies occur in the industrial arts area.

On March 17, 1988, the trial court issued its findings of fact and conclusions of law, determining that Sherek was not entitled to reinstatement. We affirm.

ISSUE

Did the Gilbert and Eveleth school districts act in accordance with Minn.Stat. § 122.541, subd. 5 (1986) and Minn.Stat. § 125.12, subd. 6b (1986) in determining that appellant Sherek was not entitled to recall from unrequested leave of absence?

ANALYSIS

The trial court’s findings of fact may not be disturbed unless they are clearly erroneous. Minn.R.Civ.P. 52.01. However, an appellate court need not give deference to the trial court’s decisions on legal issues. See Frost-Benco Electric Association v. Minnesota Public Utilities Commission, 358 N.W.2d 639, 642 (Minn.1984).

This litigation involves a conflict between two statutes. Minn.Stat. § 125.12, subd. 6b (1986) governs a school district’s duties and obligations to a teacher placed on ULA. Minn.Stat. § 125.12, subd. 6b(e), (f) (1986) is the operative section and provides in part:

(e) Teachers placed on unrequested leave of absence shall be reinstated to the positions from which they had been given leaves of absence or, if not available, to other available positions in this school district in fields in which they are licensed. Reinstatement shall be in the inverse order of placement on leave of absence. * * *
(f) No appointment of a new teacher shall be made while there is available, on unrequested leave, a teacher who is properly licensed to fill such vacancy, unless [846]*846the teacher fails to advise the school board [of his or her intent to return].

This section instructs that teachers should be laid off in inverse order of seniority, and reinstated according to seniority. See Berland v. Special School District No. 1, Minneapolis, 314 N.W.2d 809, 817 (Minn.1981).

The previous provision, arguably, conflicts with Minn.Stat. § 122.541, subds. 4 and 5. Subdivision 4 allows the school board and teachers' bargaining representative to negotiate a plan for the assignment or employment of teachers placed on ULA. Absent such negotiation, subdivision 5 controls teachers’ reinstatement rights in districts merging through an IDCA. This subdivision provides, in pertinent part:

If compatible plans are not negotiated pursuant to subdivision 4 * * * the cooperating districts shall be governed by the provisions of this subdivision. Insofar as possible, teachers who have acquired continuing contract rights and whose positions are discontinued as a result of the agreement shall be employed by a cooperating district or assigned to teach in a cooperating district as exchange teachers pursuant to section 125.13. If necessary, teachers whose positions are discontinued as a result of the agreement and who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed in the inverse order in which they were employed by a cooperating district, according to a combined seniority list of teachers in the cooperating districts.

(Emphasis added). Naturally, appellant argues that section 125.12 controls and dictates that Sherek should be recalled to employment by virtue of his seniority. Respondents argue that section 122.541 controls and that since Sherek was placed on ULA prior to the agreement, and was not placed on ULA by virtue of the agreement, he has no rights to reinstatement. We hold the trial court properly agreed with respondents.

Minn.Stat. § 645.26, subd. 1 (1986) provides that where two provisions of law are in conflict, the two shall be construed, if possible, to give effect to both. However, if the conflict is irreconcilable, the more specific provision shall prevail and shall be construed as an exception to the general provision. See Schultz v. Ruiz, 281 Minn. 281, 161 N.W.2d 537 (1968); State Ex rel. Interstate Air-Parts, Inc. v. Minneapolis-St. Paul Metropolitan Airports Commission, 223 Minn. 175, 25 N.W.2d 718 (1947). Further, Minn.Stat. § 645.17(1) (1986) creates a presumption that the legislature does not intend an absurd or unreasonable result when it enacts a statute. See Salmen v. City of St. Paul, 281 N.W.2d 355 (Minn.1979). This section also deems that the legislature intends to favor the public interest over any private interest.

Minn.Stat. § 125.12, subd. 6b, governs recall rights of Minnesota teachers placed on ULA in general. Minn.Stat. § 122.541, subd. 5, governs recall rights of teachers in the specific circumstance of a multiple district IDCA. Section 122.541 specifically refers to the interdistrict cooperation agreement, and utilizes language relevant only to an IDCA. Section 122.541 is the more specific provision of the two. We agree with the trial court that section 122.541 should be construed as an exception to the more general provisions of section 125.12. We find the trial court properly applied section 122.541 to determine appellant Sherek’s reinstatement rights.

We note that the dissent relies on Renstrom v. Independent School District No. 261,

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

Related

Sherek v. Independent School Dist. No. 699, Gilbert
449 N.W.2d 434 (Supreme Court of Minnesota, 1990)
Harms v. Independent School District No. 300
441 N.W.2d 522 (Court of Appeals of Minnesota, 1989)
Sherek v. Independent School District No. 699
435 N.W.2d 844 (Court of Appeals of Minnesota, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
435 N.W.2d 844, 1989 WL 12344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherek-v-independent-school-district-no-699-minnctapp-1989.