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WOLFE v. STATE DEPT. OF LABOR & IND.

No. 92-194.

843 P.2d 338 (1992)

Barbara R. WOLFE, Petitioner and Appellant, v. STATE of Montana, DEPARTMENT OF LABOR AND INDUSTRY, BOARD OF PERSONNEL APPEALS, ex rel., HELENA EDUCATION ASSOCIATION, MEA, NEA, Labor Organization, and Helena School District No. 1, Employer, Respondents and Respondents.

Supreme Court of Montana.

Decided December 8, 1992.

Attorney(s) appearing for the Case

Michael Donahoe, Helena, for petitioner and appellant.

Emilie Loring, Hilley & Loring, Missoula for respondent Helena Educ. Ass'n.

Melanie A. Symons, Dept. Labor & Industry, Helena, for respondent Bd. of Personnel Appeals.

McDONOUGH, Justice.

This is an appeal from a First Judicial District Court, Lewis and Clark County, decision declaring § 39-31-204, MCA, unconstitutional. We vacate the decision and remand to the Board of Personnel Appeals.

Barbara Wolfe is a teacher employed in School District No. 1. Her employment is subject to a collective bargaining agreement between the Helena Education Association (HEA) and the School District. The HEA is affiliated with two other...

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