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MINNEAPOLIS FEDERATION OF TEACHERS v. OBERMEYER

Nos. 40477, 40478.

144 N.W.2d 789 (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 NO. 59, AFL-CIO, Respondent, City of Minneapolis Education Association, affiliated with Minnesota Education Association, Appellant.

Supreme Court of Minnesota.

August 22, 1966.

Attorney(s) appearing for the Case

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

Samuel I. Sigal, Minneapolis, for Minneapolis Fed. of Teachers, Local 59, AFL-CIO.

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

Vennum, Newhall, Ackman & Goetz, Minneapolis, for Board of Education of Special School Dist. No. 1, for respondent.

OPINION

OTIS, Justice.

The question here presented is whether the state labor conciliator may conduct hearings for the purpose of establishing an appropriate bargaining unit to represent teachers in their negotiations with the Minneapolis School Board, pending an appeal from a decision of the district court holding unconstitutional a statute which prevents him from proceeding as he intends to do.

Minn.St. 179.52, subds. 4 and 5, governing the rights...

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