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BON HOMME v. AMERICAN FEDERATION OF STATE

Nos. 22720, 22721.

699 N.W.2d 441 (2005)

2005 SD 76

BON HOMME COUNTY COMMISSION, Appellant, v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1743A, Appellee. Kingsbury County Commission, Appellant, v. American Federation of State, County, and Municipal Employees (AFSCME), Council 59, Local 169, Appellee.

Supreme Court of South Dakota.

Decided June 15, 2005.

Attorney(s) appearing for the Case

Mark A. Fahleson of Rembolt, Ludtke & Berger, LLP, Lincoln, Nebraska, Attorneys for appellants.

Lisa Z. Rothschadl, Bon Homme County State's Attorney, Tyndall, South Dakota, Attorney for appellant Bon Homme County Comm.

Gary W. Schumacher, Deputy Kingsbury County State's Attorney, DeSmet, South Dakota, Attorney for appellant Kingsbury County Comm.

Linda Lea M. Viken, Rapid City, South Dakota, Attorney for appellee.

KONENKAMP, Justice.

[¶ 1.] These are appeals in two separate unfair labor practice cases primarily regarding public employer insistence on a "management rights clause" in their negotiated agreements. In both cases, the Department of Labor and the circuit court ruled that the employers had engaged in unfair labor practices. We affirm in part and reverse in part.

Bon Homme County v. AFSCME Local 1743A

[¶ 2.] The American Federation...

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