MINNEAPOLIS FED. OF TEACHERS LOCAL 59 v. OBERMEYER

Nos. 40477 & 40478.

147 N.W.2d 358 (1966)

MINNEAPOLIS FEDERATION OF TEACHERS LOCAL 59, AFL-CIO, Respondent, v. Peter OBERMEYER, State Labor Conciliator, and Board of Education, Special School District No. 1 of Minneapolis, Respondents, City of Minneapolis Education Association, Appellant. BOARD OF EDUCATION OF SPECIAL SCHOOL DISTRICT NO. 1, Respondent, v. MINNEAPOLIS FEDERATION OF TEACHERS LOCAL 59, AFL-CIO, Respondent, City of Minneapolis Education Association affiliated with Minnesota Education Association, Appellant.

Supreme Court of Minnesota.

December 9, 1966.


Attorney(s) appearing for the Case

Howard, Peterson, LeFevere, Lefler & Hamilton, Minneapolis, Sanborn, Jackson & Rice and William E. Holcomb, St. Paul, for appellant.

Donald C. Savelkoul, Fridley, Roger A. Peterson, Minneapolis, Peterson & Popovich and James E. Knutson, St. Paul, amicus curiae.

Robert W. Mattson, Atty. Gen., John Casey, Deputy Atty. Gen., for Obermeyer.

Vennum, Newhall, Ackman & Goetz and Melvin I. Orenstein, Minneapolis, for Board of Education of School Dist. No. 1.

Samuel I. Sigal, Minneapolis, for Minneapolis Federation of Teachers.


OPINION

MURPHY, Justice.

These are appeals from judgments entered in declaratory judgment actions. Error is assigned in the trial court's holding that L.1965, c. 839, § 7 (Minn.St. 179.572), which excepts teachers from the application of the rest of c. 839, is unconstitutional and severable. Chapter 839 amended and added new provisions to the so-called Public Employees Labor Relations Act (Minn.St. 179.50 to 179.58).

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