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  5. 732 P.2d 835 (1987)
 

BUTTE-SILVER BOW CITY/CTY. v. STATE B.P.A.

No. 86-141.

732 P.2d 835 (1987)

CITY/COUNTY OF BUTTE-SILVER BOW, et al., Petitioners and Appellants, v. MONTANA STATE BOARD OF PERSONNEL APPEALS, et al., Defendants and Respondents.

Supreme Court of Montana.

Submitted November 20, 1986.

Rehearing Denied March 12, 1987.

Attorney(s) appearing for the Case

Robert McCarthy, Co. Atty., Butte, Ross Richardson and Brian Holland argued, Deputy Co. Attys., Butte, for petitioners and appellants.

Mary Anne Simpson argued, Dept. of Labor & Industry, Helena, for defendants and respondents.

HARRISON, Justice.

This is an appeal from the District Court of the First Judicial District in and for the City/County of Butte-Silver Bow, Montana. The District Court upheld a decision by the Montana Board of Personnel Appeals that the City/County of Butte-Silver Bow refused to abide by the parties' collective bargaining agreement in violation of § 39-31-401(5), MCA. We reverse and remand.

The Butte-Silver Bow Law Enforcement Commission heard charges...

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