Washington Cty. v. AM. FED. OF STATE, ETC.

262 N.W.2d 163
CourtSupreme Court of Minnesota
DecidedJanuary 13, 1978
Docket47085
StatusPublished
Cited by3 cases

This text of 262 N.W.2d 163 (Washington Cty. v. AM. FED. OF STATE, ETC.) 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
Washington Cty. v. AM. FED. OF STATE, ETC., 262 N.W.2d 163 (Mich. 1978).

Opinion

262 N.W.2d 163 (1978)

COUNTY OF WASHINGTON, Respondent,
v.
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL NUMBER 91, Appellant.

No. 47085.

Supreme Court of Minnesota.

January 13, 1978.

*164 Cloutier, Musech, Diker, Berde & Corwin, Gregg M. Corwin, Minneapolis, and Zwerdling & Maurer, Washington, D.C., for appellant.

Peter D. Bergstrom, St. Paul, for respondent.

Considered and decided by the court en banc.

PETERSON, Justice.

This is an action for a declaratory judgment under Minn.St. c. 555 brought by Washington County (county) against the American Federation of State, County and Municipal Employees, Council No. 91 (union). The district court ordered judgment for the county declaring that Minn.St. 1976, § 179.65, subd. 6, a provision of this state's Public Employment Labor Relations Act (PELRA), barred the union from representing both a bargaining unit of supervisory employees and a bargaining unit of nonsupervisory employees of the Washington *165 County Welfare Department because of potentially serious conflicts of interest.[1] We reverse and hold that under the present statute, Minn.St. 179.65, subd. 6, the union may represent both bargaining units, provided the units are separate locals of the union and provided they bargain separately with the welfare department.

The facts are not disputed. The union has been the certified representative of nonsupervisory, nonconfidential employees of the welfare department since late 1971. In March 1975, the union filed a petition with the Bureau of Mediation Services (BMS) to determine an appropriate unit for supervisory employees of the welfare department and to certify the union as their representative. Accompanying the petition were authorization cards signed by five of the six employees alleged to be supervisors.

At the hearing on the petition, the county took the position that the six employees were not supervisors and should be included in the nonsupervisory bargaining unit already represented by the union. The county stipulated, however, that if BMS held that there should be a supervisory employees' bargaining unit, the county would allow the authorization cards to "stand in lieu, or in place of an election" for purposes of certifying a representative of the supervisory unit.

In May 1975, BMS found that the six employees were supervisory employees and that the welfare department's supervisory employees comprised an appropriate bargaining unit. On the basis of the county's stipulation that it would accept the authorization cards in lieu of an election, BMS certified the union as the representative of a bargaining unit consisting of the welfare department's supervisory employees.

Following this decision by BMS, the union requested that the county meet with it and negotiate a collective bargaining agreement for the welfare department's supervisory employees. The county refused to negotiate and instituted this action for a judgment declaring that it was contrary to Minn.St. 1976, § 179.65, subd. 6, for the union to represent both the supervisors' and the nonsupervisors' bargaining units and that the county had no duty to bargain with it concerning the unit of supervisors.

In July 1976, the district court ordered declaratory judgment for the county, reasoning that Minn.St. 1976, § 179.65, subd. 6, should be interpreted "to avoid the basic conflict of interest between the two employee groups and [to] protect the interests of the public employer in this respect." The union appealed to this court, and while our decision was pending the legislature enacted House File No. 805 which further amended § 179.65, subd. 6.[2] We then remanded to the district court for reconsideration in light of this amendment, and the district court confirmed its original judgment.[3] Thus the case is again before us for *166 review. Since the statute is controlling, our task is to ascertain the legislature's intent in enacting Minn.St. 1971, § 179.65, subd. 6, and in amending its provisions in 1973 and 1977. The 1971 statute was amended in 1973 as follows:

"Subd. 6. Supervisory and confidential employees, principals and assistant principals, may join and participate in employee organizations and may form their own organizations, provided, however, that nothing in this section authorizes supervisory or confidential employees, or principals and assistant principals, to be included in an appropriate unit. Affiliation of a supervisory or confidential employee or principal or assistant principal organization with another employee organization which has as its members non-supervisory employees or non-confidential employees, or non-principals or non-assistant principals is permitted. An employer shall not, and shall not be required by the director to extend exclusive recognition to a representative of or an organization of supervisory or confidential employees, or principals and assistant principals, for the purpose of negotiating terms or conditions of employment, but an employer may consult and otherwise communicate with such an organization on appropriate matters. in accordance with all other provisions of this act, as though they were essential employees." (Stricken words indicate deletion; italics indicate new language added.) L. 1973, c. 635, § 13.

The 1977 amendment, effective August 1, 1977, added a third and fourth sentence to the above amended text:

"* * * Units of supervisory or confidential employees shall not participate in any joint negotiations which involve the participation of units of employees other than supervisory or confidential employees. Affiliation of a supervisory or confidential employee with another employee organization which has as its members non-supervisory employees or non-confidential employees is permitted." L. 1977, c. 119, § 1.

Under PELRA, as enacted in 1971, the legislature recognized the differences in the positions of supervisors and nonsupervisors and did not accord supervisors the same organizational rights as nonsupervisors. This was accomplished by stating in Minn.St. 1971, § 179.65, subd. 2, that only "[p]ublic employees in an appropriate unit" had the right to designate an exclusive representative to meet and negotiate with the employer. (Italics supplied.) And an "appropriate unit" or "unit" is defined in Minn.St. 179.63, subd. 17, to exclude supervisory employees. The exclusion of supervisory employees from the definition of "appropriate unit" was reiterated in Minn.St. 1971, § 179.65, subd. 6, which allowed supervisors to form organizations which would meet and confer with an employer, but not meet and negotiate the terms of employment.

When the legislature amended PELRA in 1973 to expand the organizational rights of supervisors, it did not carefully integrate the amendments into the statutory scheme. For example, the legislature did not expand the statutory definition of "appropriate unit" to bring supervisory employees under the general provisions of § 179.65, subd. 2.[4] More importantly, the legislature did not clearly state in the 1973 amendments to § 179.65, subd. 6, its intent with respect to affiliation between supervisors' and nonsupervisors' organizations.

*167 The 1977 amendment appears to address the affiliation issue, albeit again with some imperfection, and appears to make clearer what the legislature may well have undertaken to do in 1973.

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Bluebook (online)
262 N.W.2d 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-cty-v-am-fed-of-state-etc-minn-1978.