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SAVAGE PUBLIC SCHOOLS v. SAVAGE EDUC. ASS'N

No. 81-484.

647 P.2d 833 (1982)

SAVAGE PUBLIC SCHOOLS, Richland Co. Elementary District # 7, and High School District # 2, Petitioners and Respondents, v. SAVAGE EDUCATION ASSOCIATION, Affiliated with Montana Education Association, and Montana Board of Personnel Appeals, Appellants and Respondents.

Supreme Court of Montana.

Decided July 6, 1982.

Attorney(s) appearing for the Case

Hilley & Loring, Emilie Loring, argued, Great Falls, James Gardner, argued, Helena, for appellants and respondents.

R.W. Heineman, argued, Wibaux, Gene Huntley, Baker, for petitioners and respondents.

Smith Law Firm, Helena, Chadwick Smith, argued (Montana School Boards Assoc.), Helena, for amicus curiae.

HASWELL, Chief Justice.

The Savage Education Association (SEA) and the Board of Personnel Appeals (the Board) appeal from the decision of the Richland County District Court reversing the Board's order. The Board had found that the School District had committed an unfair labor practice in violation of section 39-31-401(5), MCA, by its refusal to submit a grievance to arbitration. The Board specifically stated that the School District enjoyed unfettered discretion in...

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