Hibbing Educ. Ass'n v. Public Employment Relations Bd., No. C5-83-1580
| Court | Supreme Court of Minnesota (US) |
| Writing for the Court | KELLEY; YETKA |
| Citation | 369 N.W.2d 527 |
| Docket Number | No. C5-83-1580 |
| Decision Date | 21 June 1985 |
| Parties | 121 L.R.R.M. (BNA) 3545, 25 Ed. Law Rep. 1240 HIBBING EDUCATION ASSOCIATION, Respondent, v. PUBLIC EMPLOYMENT RELATIONS BOARD, petitioner, Relator. |
Page 527
v.
PUBLIC EMPLOYMENT RELATIONS BOARD, petitioner, Relator.
Page 528
Under the Public Employment Labor Relations Act, paraprofessional teaching aides, not required to be licensed as teachers by the board of teaching or the state board of education or by the employing school district, were properly certified as a separate bargaining unit.
Hubert H. Humphrey III, Atty. Gen., Erica Jacobson, Asst. Atty. Gen., St. Paul, for relator.
Donald W. Selzer, Jr., St. Paul, for respondent.
Heard, considered and decided by the court en banc.
KELLEY, Justice.
The Public Employment Relations Board (PERB) appeals from a decision of the Court of Appeals reversing the PERB's affirmation of a bargaining unit determination by the director of the Bureau of Mediation Services (BMS) establishing a separate bargaining unit for paraprofessionals in Independent School District No. 701 (the Hibbing school district). 1 We reverse and remand.
For the 1982-1983 school year the Hibbing school district hired eight people to work as Title I paraprofessionals. The Title I program is a federally funded program designed to supplement regular classroom instruction of certain elementary school students performing at a level of one-half year to one year behind their classmates in reading and mathematics.
The Hibbing Federation of Teachers (HFT) filed a petition with the Bureau of Mediation Services (BMS) for the designation of an appropriate bargaining unit for those paraprofessionals, and requested that a separate bargaining unit be established for the Title I paraprofessionals employed by the school district. The Hibbing Education Association (HEA) appeared to oppose the proposed separate certification, and contended that the paraprofessionals should be included within the teacher bargaining unit represented by it. Following several hearings the director of the BMS
Page 529
issued a unit determination establishing a separate bargaining unit for the paraprofessionals. HEA appealed the unit determination to PERB pursuant to Minn.Stat. § 179A.05, subd. 4(b) (1984). 2 PERB affirmed the BMS determination.In reversing the PERB, the Court of Appeals held that PERB committed error by failing to consider the job functions of the paraprofessionals in arriving at its decision. Thus, the issue raised here is whether the BMS and PERB are required by the Public Employment Labor Relations Act, Minn.Stat. § 179A.01 et seq. (1984) to consider the job functions of employees in making bargaining unit determinations for teacher bargaining units.
We commence our analysis by noting that the construction of a statute such as the Public Employment Labor Relations Act is clearly a question of law. In such a case, the decision of the administrative agency (here the PERB) is fully reviewable by this court. See, No Power Line, Inc. v. Minnesota Environmental Quality Council, Inc., 262 N.W.2d 312, 320 (Minn.1977); Blue Earth County Welfare Dept. v. Cabellero, 302 Minn. 329, 341, 225 N.W.2d 373, 380 (1974).
Minn.Stat. 179A.03, subd. 2 (1984) (the Public Employment Labor Relations Statute) defines the appropriate bargaining unit for school...
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Abraham v. County of Hennepin, No. CX-00-835
...be pursued concurrently is a legal issue, and we review legal issues de novo. See Hibbing Educ. Ass'n v. Pub. Employment Relations Bd., 369 N.W.2d 527, 529 Ordinarily, unless a statute provides that its remedy is exclusive, a party 639 N.W.2d 347 should not be prevented from bringing concur......
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Northern States Power Co. v. City of Oakdale, No. C3-98-867
...presents a question of law that an appellate court reviews de novo. Hibbing Educ. Ass'n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 NSP argues that the district court erred when it determined that the commission-approved tariffs failed to attain the status of general state law d......
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State v. Behl, No. CX-96-84
...jurisdiction is a question of law that is fully reviewable by this court. See Hibbing Educ. Ass'n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985) (stating that the construction of a statute is a question of The legislature has conferred original and exclusive jurisdictio......
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Anderson v. Federated Mut. Ins. Co., No. C0-90-1456
...on appeal." In re Welfare of M.J.M., 416 N.W.2d 142, 146 (Minn.App.1987) (citing Hibbing Educ. Ass'n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985)). The trial court's conclusions of law do not bind this court. A.J. Chromy Constr. Co. v. Commercial Mechanical Servs., In......
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Abraham v. County of Hennepin, No. CX-00-835
...be pursued concurrently is a legal issue, and we review legal issues de novo. See Hibbing Educ. Ass'n v. Pub. Employment Relations Bd., 369 N.W.2d 527, 529 Ordinarily, unless a statute provides that its remedy is exclusive, a party 639 N.W.2d 347 should not be prevented from bringing concur......
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Northern States Power Co. v. City of Oakdale, No. C3-98-867
...presents a question of law that an appellate court reviews de novo. Hibbing Educ. Ass'n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 NSP argues that the district court erred when it determined that the commission-approved tariffs failed to attain the status of general state law d......
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State v. Behl, No. CX-96-84
...jurisdiction is a question of law that is fully reviewable by this court. See Hibbing Educ. Ass'n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985) (stating that the construction of a statute is a question of The legislature has conferred original and exclusive jurisdictio......
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Anderson v. Federated Mut. Ins. Co., No. C0-90-1456
...on appeal." In re Welfare of M.J.M., 416 N.W.2d 142, 146 (Minn.App.1987) (citing Hibbing Educ. Ass'n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985)). The trial court's conclusions of law do not bind this court. A.J. Chromy Constr. Co. v. Commercial Mechanical Servs., In......