Minot School Committee v. Minot Education Ass'n

DANA, Justice, with whom SAUFLEY, Justice, joins,

dissenting.

[¶ 19] I do not agree that the Board’s impermissible consideration of the School Committee members’ constitutionally protected petitioning activity was harmless. I also believe that the Board’s conclusion that the parties had not reached a bona fide impasse when the School Committee implemented its last best offer was based on an error of law. Because I would vacate the judgment in its entirety, I respectfully dissent.

[¶20] The Court acknowledges that the Board should not have considered the School Committee members’ political…