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AFSCME LOCAL 1922 v. STATE

No. 16354.

444 N.W.2d 10 (1989)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1922, Plaintiff and Appellant. v. STATE of South Dakota, South Dakota Department of Transportation and Richard L. Howard, its Secretary, South Dakota Bureau of Personnel and Charles A. Anderson, its Commissioner, and South Dakota Career Service Commission, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 5, 1989.

Attorney(s) appearing for the Case

Linda Lea M. Viken of Finch, Viken, Viken & Pechota, Rapid City, for plaintiff and appellant.

Camron Hoseck, Asst. Atty. Gen., Pierre, for defendants and appellees State of S.D., Dept. of Transp. and Howard.

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for defendants and appellees State of S.D., Bureau of Personnel, Anderson and Career Service Com'n.

Ronald W. Banks of Banks, Johnson, Johnson, Colbath & Huffman, Rapid City, for defendants and appellees Dept. of Transportation and Howard; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

DOBBERPUHL, Circuit Judge.

This appeal arises from an action brought by the American Federation of State, County and Municipal Employees, Local 1922 (union), against the State of South Dakota, the Department of Transportation (DOT), the Bureau of Personnel (BOP), and the Career Service Commission (CSC) (collectively, state). Union sought a declaratory judgment that state violated their collective bargaining agreement by imposing unilateral midstream changes on certain...

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