Legal Opinion · Dissent

Spearfish Education Ass'n v. Spearfish School District 40-2

South Dakota Supreme Court

Decided March 17, 2010No. 25243Published

1DissentSeverson, Justice

[¶ 44.] I respectfully dissent. The Association has failed to establish that the District committed a grievable action when it honored binding contracts it entered into with individual teachers in accordance with state law and the terms of the District’s then current agreement with the Association.

[¶ 45.] A grievance is “a complaint by a public employee or group of public employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements!)]” SDCL 3-18-1.1. The District issued individual contracts to teachers hired while negotiations were in…

2Cases cited8 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  3. J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
  4. Niesent v. Homestake Mining Co. of CaliforniaSouth Dakota Supreme Court · 1993
  5. Gettysburg School District 53-1 v. LarsonSouth Dakota Supreme Court · 2001

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