Legal Opinion

In Re Petition for Clarification of an Appropriate Unit

Court of Appeals of Minnesota

Decided April 11, 1995No. CO-94-2244PublishedCited by 3 opinions

1Opinion of the Court

OPINION

MARTIN J. MANSUR, Judge.

Appellant school district challenges a Bureau of Mediation Services order determining that learning and development resource teachers were not “teachers” within the meaning of the Public Employment Labor Relations Act, and thus could not be included in the teachers’ bargaining unit. We reverse.

FACTS

In 1991, the Hopkins school district created a two-year pilot program to use approximately 60 “instructional assistants” to assist classroom teachers in the instruction of elementary students. Although the district required some background in teaching, it did not…

2Cases cited4 opinions

  1. Hibbing Education Ass'n v. Public Employment Relations BoardSupreme Court of Minnesota · 1985
  2. Ullom v. Independent School District No. 112Court of Appeals of Minnesota · 1994
  3. School Service Employees Local No. 284 v. Independent School District No. 270Court of Appeals of Minnesota · 1993
  4. In Re the Joint Petition of Rochester Express Limousine Service, Inc.Court of Appeals of Minnesota · 1993

3Cited by3 opinions

  1. Determination of an Appropriate Unit & Certification as Exclusive Representative Service Employees International Union, Local 284 v. University of Minnesota, Unit 8Court of Appeals of Minnesota · 2017
  2. Education Minnesota-Intermediate District No. 917, Local 3904 v. Intermediate School District No. 917Court of Appeals of Minnesota · 2003
  3. In Re Petition for ClarificationCourt of Appeals of Minnesota · 2003

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