Minnesota Supreme Court, 1985 Minnesota Supreme Court held that paraprofessionals belong in a separate bargaining unit if their positions do not require state licensure, regardless of actual job duties performed.

Minnesota Supreme Court held that paraprofessionals belong in a separate bargaining unit if their positions do not require state licensure, regardless of actual job duties performed.

Hibbing Education Ass'n v. Public Employment Relations Board
Minnesota Supreme Court · Decided June 21, 1985 · Kelley, Yetka
369 N.W.2d 527; 1985 Minn. LEXIS 1093; 121 L.R.R.M. (BNA) 3545 (North Western Reporter, Second Series)

Outcome: Reversed for appellant.

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Hibbing Education Ass'n v. Public Employment Relations Board

What happened

The facts of the case, in plain language.

Eight Title I paraprofessionals were hired by the Hibbing school district for the 1982-1983 school year to supplement regular classroom instruction of elementary students performing below grade level.

The paraprofessionals' positions did not require licensure by the board of teaching or the state board of education, and the Hibbing school district imposed no licensure requirement for Title I paraprofessionals.

Although evidence showed that paraprofessionals performed many functions traditionally performed by teachers, including making educational decisions and developing teaching materials, the positions themselves did not mandate licensure.

Under the Title I program, local school boards possessed sole authority to determine paraprofessional qualifications, and some school districts had no licensed personnel working in Title I programs.

What the court decided

Hibbing school district hired eight Title I paraprofessionals in 1982–1983. The Hibbing Federation of Teachers sought a separate bargaining unit; the Hibbing Education Association opposed, arguing they should join the teacher unit. The Bureau of Mediation Services director established a separate unit, which PERB affirmed. The Court of Appeals reversed, holding that PERB erred by failing to consider job functions. The Minnesota Supreme Court reversed the Court of Appeals. The court held that the Public Employment Labor Relations Act defines 'teacher' by licensure requirement alone. Because the paraprofessionals occupied positions not requiring state licensure by the board of teaching or state board of education, they do not qualify as teachers under the statute. Actual job functions are irrelevant; licensure requirement controls. The court rejected importing job-function analysis from the Teachers Tenure Act, which uses different statutory language.

  1. Under the Public Employment Labor Relations Act, a school district employee qualifies as a 'teacher' for collective bargaining unit purposes solely on whether the position requires licensure by the board of teaching or the state board of education; actual job functions performed are irrelevant to that determination. (*529–530)
  2. Cases construing the Minnesota Teachers Tenure Act's job-function definition of 'teacher' are inapplicable to bargaining unit determinations under PELRA, which contains its own, more restrictive, licensure-based definition of 'teacher.' (*530)
  3. Statutory construction of the Public Employment Labor Relations Act is a question of law subject to full de novo review by the courts, without deference to the administrative agency's interpretation.

How the court reached its decision

The court's reasoning, step by step.

Whether PELRA requires BMS and PERB to consider the job functions of employees, as opposed to the licensure requirements of their positions, in making teacher bargaining unit determinations. The eight Title I paraprofessionals did not occupy positions requiring licensure by the board of teaching or state board of education; the Hibbing school district imposed no licensure requirement, and uncontradicted evidence from the state department of education confirmed that Title I program workers need not be certified licensed teachers. Because the paraprofessionals' positions did not require licensure, PERB correctly placed them in a separate bargaining unit; the Court of Appeals erred by requiring PERB to consider job functions the statute does not make relevant.

Whether the job-function analysis used in Minnesota Teachers Tenure Act cases should be applied to PELRA bargaining unit determinations. Because the Teachers Tenure Act's definition expressly turns on classroom instruction duties while PELRA's definition turns on the licensure requirement of the position, precedent developed under the Tenure Act does not govern PELRA analysis. The Teachers Tenure Act cases are irrelevant to the PELRA bargaining unit issue; HEA's reliance on those cases was misplaced.

Key quotes from the opinion

Notable passages from the opinion, in the court's own words.

“Subd. 18. Teacher. "Teacher" means any public employee other than a superintendent or assistant superintendent, principal, assistant principal, or a supervisory or confidential employee, employed by a school district: (1) in a position for which the person must be licensed by the board of teaching or the state board of education; or (2) in a position as a physical therapist or an occupational therapist.”
Statutory definition of 'teacher' in Public Employment Labor Relations Act —
“The two subdivisions of the statute clearly mandate that if the paraprofessionals are "in a position for which the person must be licensed by the board of teaching or the state board of education," they belong in the bargaining unit represented by the HEA. Correlatively, if licensure is not required, paraprofessionals belong not in the teachers' unit, but in a separate bargaining unit.”
Rule derived from statute: licensure requirement controls bargaining unit placement —
“Notwithstanding presentation of considerable evidence that these paraprofessionals in the district made many decisions with respect to educational techniques to be used, developed plans and teaching materials, and performed other functions traditionally performed by teachers, the fact remains that they did not occupy positions for which licensure was mandated by the board of teaching or the state board of education.”
Court's holding that job duties do not override the licensure requirement test —
“If one is a licensed teacher and is actually teaching courses that the school district would normally assign to licensed teachers, that teacher ought to be a part of the teachers' bargaining unit.”
Dissent: argument that actual job performance should determine unit placement —

Cases the court relied on

Earlier decisions the court cited as authority for its ruling.

  • No Power Line, Inc. v. Minnesota Environmental Quality Council, Inc. (262 N.W.2d 312 (Minn. 1977)) — Cited for the principle that statutory construction is a question of law fully reviewable by courts, justifying de novo review of PERB's legal interpretation of PELRA.
  • Blue Earth County Welfare Dept. v. Cabellero (302 Minn. 329, 225 N.W.2d 373 (1974)) — Cited alongside No Power Line for the proposition that statutory construction is a question of law subject to full court review without administrative deference.
  • Minneapolis Federation of Teachers v. Minneapolis Special School District No. 1 (270 N.W.2d 773 (Minn. 1978)) — Distinguished as construing the Teachers Tenure Act's job-function definition of 'teacher,' which is textually distinct from and inapplicable to PELRA's licensure-based definition.
  • Hibbing Education Association v. Public Employment Relations Board (346 N.W.2d 389 (Minn. App. 1984)) — The Court of Appeals decision reversed by this opinion, which had held that PERB erred by failing to consider job functions of the paraprofessionals in making the bargaining unit determination.

Separate opinions from other justices

Views from justices who wrote separately from the majority.

YETKA: Justice Yetka would affirm the Court of Appeals on the ground that a licensed teacher actually performing instructional duties normally assigned to licensed teachers should be included in the teacher bargaining unit, and that the majority's purely formal licensure-of-position test enables abuse of the federal Title I program.

Full opinion

The complete text of the court's opinion as published.

Opinion of the Court

KELLEY, Justice.

The Public Employment Relations Board (PERB) appeals from a decision of the Court of Appeals reversing the PERB’s affirmation of a bargaining unit determination by the director of the Bureau of Mediation Services (BMS) establishing a separate bargaining unit for paraprofessionals in Independent School District No. 701 (the Hib-bing school district).1 We reverse and remand.

For the 1982-1983 school year the Hib-bing school district hired eight people to work as Title I paraprofessionals. The Title I program is a federally funded program designed to supplement regular classroom instruction of certain elementary school students performing at a level of one-half year to one year behind their classmates in reading and mathematics.

The Hibbing Federation of Teachers (HFT) filed a petition with the Bureau of Mediation Services (BMS) for the designation of an appropriate bargaining unit for those paraprofessionals, and requested that a separate bargaining unit be established for the Title I paraprofessionals employed by the school district. The Hibbing Education Association (HEA) appeared to oppose the proposed separate certification, and contended that the paraprofessionals should be included within the teacher bargaining unit represented by it. Following several hearings the director of the BMS *529issued a unit determination establishing a separate bargaining unit for the paraprofessionals. HEA appealed the unit determination to PERB pursuant to Minn.Stat. § 179A.05, subd. 4(b) (1984).2 PERB affirmed the BMS determination.

In reversing the PERB, the Court of Appeals held that PERB committed error by failing to consider the job functions of the paraprofessionals in arriving at its decision. Thus, the issue raised here is whether the BMS and PERB are required by the Public Employment Labor Relations Act, Minn.Stat. § 179A.01 et seq. (1984) to consider the job functions of employees in making bargaining unit determinations for teacher bargaining units.

We commence our analysis by noting that the construction of a statute such as the Public Employment Labor Relations Act is clearly a question of law. In such a case, the decision of the administrative agency (here the PERB) is fully reviewable by this court. See, No Power Line, Inc. v. Minnesota Environmental Quality Council, Inc., 262 N.W.2d 312, 320 (Minn. 1977); Blue Earth County Welfare Dept. v. Ca-bellero, 302 Minn. 329, 341, 225 N.W.2d 373, 380 (1974).

Minn.Stat. 179A.03, subd. 2 (1984) (the Public Employment Labor Relations Statute) defines the appropriate bargaining unit for school districts as “all the teachers in the district.” Subdivision 18 of this same statute defines “teacher” as:

Subd. 18. Teacher. “Teacher” means any public employee other than a superintendent or assistant superintendent, principal, assistant principal, or a supervisory or confidential employee, employed by a school district: (1) in a position for which the person must be licensed by the board of teaching or the state board of education; or (2) in a position as a physical therapist or an occupational therapist.

Minn.Stat. § 179A.03, subd. 18 (1984) (Emphasis added).

The two subdivisions of the statute clearly mandate that if the paraprofessionals are “in a position for which the person must be licensed by the board of teaching or the state board of education,” they belong in the bargaining unit represented by the HEA. Correlatively, if licensure is not required, paraprofessionals belong not in the teachers’ unit, but in a separate bargaining unit.

Notwithstanding presentation of considerable evidence that these paraprofessionals in the district made many decisions with respect to educational techniques to be used, developed plans and teaching materials, and performed other functions traditionally performed by teachers, the fact remains that they did not occupy positions for which licensure was mandated by the board of teaching or the state board of education. Uncontradicted evidence from the manager of the Title I program for the state department of education was that persons working in school districts under the Title I program did not need to be certified licensed teachers. Under the program the local school boards were vested with sole authority to determine the required qualifications of paraprofessionals, i.e. whether they needed licen-sure. Some school districts have no licensed personnel working in Title I programs. The Hibbing school district had no requirement for licensure, although some of the paraprofessionals were, in fact, licensed. Indeed, the HEA concedes that the state department of education and the board of teaching have no licensure category entitled “Title I Paraprofessional.” Based upon this undisputed evidence, the PERB correctly concluded that the eight paraprofessionals were not employed in a position for which they must be licensed by the board of teaching or the board of education. Moreover, it was clear that the *530Hibbing school district had no requirement for licensure.

The HEA argues that the failure of the BMS and PERB to consider job duties “invites abuse” because failure to do so cedes to the employing school district sole discretion in defining the bargaining unit. The Court of Appeals agreed. Hibbing Education Association v. Commissioner, 346 N.W.2d at 391. Even if this contention of “abuse” has merit, it is not the function of courts to correct the alleged “abuse” by ordering PERB to consider job function in its determination of the appropriate bargaining unit. Such complaints should be directed to the board of teaching or the board of education. These state agencies possess both the jurisdiction and the expertise to decide which positions should be held only by licensed teachers. See Minn. Stat. §§ 124.15, subd. 2(1), 125.12, subd. 2, and 125.04 (1984).

Finally, HEA contends that cases construing the Minnesota Teachers Tenure Act (Minn.Stat. § 125.12) are instructive in that the cases decided under that statute analyzed the term “teacher” by focusing on job function. Use of the Tenure Act cases in resolving the instant case is inappropriate. The Minnesota Teacher Tenure Act explicitly defines the term “teacher” to include “every person regularly employed * * * to give instruction in the classroom * * * ” Minn.Stat. 125.17, subd. 1(a) (1984). Accordingly, in order to decide whether a person is a “teacher” under the tenure statute, a court must consider the job duties of the person. See Minneapolis Federation of Teachers v. Minneapolis Special School District No. 1, 270 N.W.2d 773, 777 (Minn. 1978). The Public Employment Labor Relations Act, on the other hand, contains its own and different definition of “teacher”. Minn.Stat. 179A.03, subd. 18 (1984). Thus, the Teacher Tenure Act cases are irrelevant to this issue involving a statute that defines the term “teacher” more restrictively.

Accordingly, we reverse the Court of Appeals and remand for reinstatement of the order and decision of the PERB.

. Hibbing Education Association v. Public Employment Relations Board, 346 N.W.2d 389 (Minn. App. 1984).

. Act of April 24, 1984, ch. 462, § 27, 1984 Minn.Laws 235, 265 recodifies the Public Employment Labor Relations Act (PERA) at Minn. Stat. §§ 179A.01 to 179A.25 (1984). We refer only to the 1984 version since it merely recodifies Minn.Stat. 1982, §§ 179.61 to 179.76, as amended. See Act of April 24, 1984, ch. 462, § 1, 1984 Minn.Laws 235.

Dissenting Opinion

YETKA, Justice

(dissenting).

I would affirm the court of appeals. Its decision was logical and well reasoned. Federal Title I funds were not intended for the hiring of paraprofessionals to teach. To hire licensed teachers as paraprofessionals may give school districts more for their money in the event they are paid less than regular teachers, but it is an abuse of the system. If one is a licensed teacher and is actually teaching courses that the school district would normally assign to licensed teachers, that teacher ought to be a part of the teachers’ bargaining unit.

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