# Hibbing Education Ass'n v. Public Employment Relations Board

> Supreme Court of Minnesota · June 21, 1985 · 369 N.W.2d 527

URL: https://www.frixlaw.com/law-library/cases/9577910

## Case

- **Full name:** HIBBING EDUCATION ASSOCIATION, Respondent, v. PUBLIC EMPLOYMENT RELATIONS BOARD, Petitioner, Relator
- **Court:** Supreme Court of Minnesota
- **Decided:** June 21, 1985
- **Citations:** 369 N.W.2d 527; 121 L.R.R.M. (BNA) 3545; 1985 Minn. LEXIS 1093
- **Precedential status:** Published
- **Opinion:** Dissent by Yetka
- **Judges:** Kelley, Yetka
- **Cited by:** 298 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9577910

## How later opinions describe it (automated extraction)

- holding that licensure requirement of position, not job functions of employees, is determinative in resolving whether positions should be placed in teacher bargaining unit
- stating appellate court need not give deference to agency on issues of statutory authority or jurisdiction
- stating that administrative decisions construing the Public Employment Labor Relations Act are fully reviewable by appellate courts
- stating that statutory construction is a question of law subject to de novo review on appeal
- stating that the construction of PELRA raises a question of law

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9577910. Public record. Not legal advice.