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City of Bloomington v. American Federation of State

Court of Appeals of Minnesota

July 15, 2013

City of Bloomington, Minnesota, Relator,
v.
American Federation of State, County and Municipal Employees, Minnesota Council 5, South St. Paul, Minnesota, Respondent, Bureau of Mediation Services, Respondent.

UNPUBLISHED OPINION

Bureau of Mediation Services File Nos. 12PCE1115, 12PCE1116

Frank J. Madden, Pamela R. Galanter, Susan K. Hansen, Madden, Galanter, Hansen, LLP, Plymouth, Minnesota (for relator)

Gregg M. Corwin, St. Louis Park, Minnesota (for respondent American Federation of State, County and Municipal Employees, Minnesota Council 5, South St. Paul, Minnesota)

Lori Swanson, Attorney General, Kelly S. Kemp, Assistant Attorney General, St. Paul, Minnesota (for respondent Bureau of Mediation Services)

Nicole M. Blissenbach, Margaret A. Luger-Nikolai, Education Minnesota, St. Paul, Minnesota (for Amicus Education Minnesota)

Brendan D. Cummins, Minneapolis, Minnesota (for Amicus Service Employees International Union, Local 284)

Richard L. Kaspari, Metcalf, Kaspari, Engdahl & Lazarus, P.A., St. Paul, Minnesota (for Amicus Minnesota AFL-CIO)

Teresa L. Joppa, Moorhead, Minnesota (for Amicus AFSCME Council 65)

Phillip I. Finkelstein, Minnesota Nurses Association, St. Paul, Minnesota (for Amicus Minnesota Nurses Association)

Karin E. Peterson, Rice, Michels & Walther, LLP, Minneapolis, Minnesota (for Amicus Minnesota Professional Fire Fighters Association)

Considered and decided by Connolly, Presiding Judge; Stoneburner, Judge; and Rodenberg, Judge.

RODENBERG, Judge

Relator City of Bloomington appeals from a unit-determination order issued by respondent Bureau of Mediation Services (BMS) pursuant to Minn. Stat. § 179A.09 (2012), arguing that BMS erred by (1) determining "an" appropriate unit instead of "the" appropriate unit and stating on reconsideration that BMS must first consider the union's proposed bargaining unit and address alternative proposals only after determining the union's proposed units to be inappropriate; and (2) failing to properly apply the standard of nonproliferation to recognize a wall-to-wall bargaining unit. We affirm.

FACTS

In 2012, respondent-union American Federation of State, County, and Municipal Employees, Minnesota Council 5 (AFSCME), filed petitions with BMS seeking the determination of two appropriate units of the city of Bloomington's employees. The proposed units were respectively composed of employees in the city's park maintenance division and employees in the city's water-operating division. The city objected to proposed units, noting that both divisions were ...


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