Legal Opinion
Council of Higher Education v. South Dakota Board of Regents
South Dakota Supreme Court
Decided May 8, 2002No. NonePublishedCited by 8 opinions
1Opinion of the Court
KERN, Circuit Judge.
[¶ 1.] The Council of Higher Education Special Schools (COHE) and the South Dakota Board of Regents (BOR) were involved in teacher employment negotiations in 1999 and unable to come to an agreement. As a result, COHE declared an impasse and BOR imposed its final offer, which more than doubled the damages recoverable in the liquidated damages clause of the contract. COHE then filed a complaint with the Department of Labor (Department) alleging that the unilateral imposition of liquidated damages violated SDCL 53-9-4 and 53-9-5 and constituted an unfair labor practice by…
2Cases cited7 opinions
- Morton v. MancariSupreme Court of the United States · 1974
- J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
- Faircloth v. Raven Industries, Inc.South Dakota Supreme Court · 2000
- Wessington Springs Education Ass'n v. Wessington Springs School District 36-2South Dakota Supreme Court · 1991
- Gettysburg School District 53-1 v. LarsonSouth Dakota Supreme Court · 2001
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hanson v. VERMILLION SCHOOL DISTRICT 13-1South Dakota Supreme Court · 2007
- Winslow v. Fall River Cnty.South Dakota Supreme Court · 2018
- Bon Homme County Commission v. American Federation of State, County, & Municipal Employees (AFSCME), Local 1743ASouth Dakota Supreme Court · 2005
- Spearfish Education Ass'n v. Spearfish School District 40-2South Dakota Supreme Court · 2010
- Council of Higher Education v. South Dakota Board of RegentsSouth Dakota Supreme Court · 2002
3 more not listed; retrieve them via the Exa API.