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AFSCME, COUNCIL NO. 65 v. STATE, PERB

No. C7-85-337.

372 N.W.2d 786 (1985)

AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL NO. 65, Relator, v. STATE of Minnesota, PUBLIC EMPLOYMENT RELATIONS BOARD, Cass County, Minnesota, Respondents.

Court of Appeals of Minnesota.

Review Denied October 24, 1985.

Attorney(s) appearing for the Case

Gregg M. Corwin, St. Louis Park, for American Federation of State, County, and Municipal Employees, Council No. 65.

Hubert H. Humphrey, III, Atty. Gen., Andrea Mitau Kircher, Sp. Asst. Atty. Gen., St. Paul, for State of Minnesota, Public Employment Relations Board.

Michael T. Milligan, Cass Co. Atty., Walker, for Cass County.

Brad P. Engdahl, Sp. Asst. Atty. Gen., St. Paul, for Minn. Bureau of Mediation Services.

Heard, considered and decided by POPOVICH, C.J., and PARKER and FOLEY, JJ.

OPINION

PARKER, Judge.

Appellant American Federation of State, County and Municipal Employees, Council No. 65, seeks review of the Minnesota Public Employment Relations Board's (PERB) decision to reverse a unit clarification made by the Minnesota Bureau of Mediation Services (BMS). Council 65 contends that provisions of a collective bargaining agreement cannot be in conflict with a statute even if the statute was enacted after the agreement was entered,...

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