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Cross v. County of Beltrami3/7/2000
In Minnesota, public employees have a right of independent review of grievances that arise out of the terms and conditions of their employment. As an independent review agency found that the respondent Beltrami County had no cause to discharge relator, relator now contends that the county acted without authority when it treated the decision as a recommendation and found cause for relator's discharge. Because independent review under the statute is final, we reverse the county's further review of the employee's grievance.
FACTS
On December 30, 1997, the county sheriff fired relator, a chief deputy, for violating a sexual harassment policy and violating the policy against conduct unbecoming an officer. Respondent claimed that relator was an at-will employee who had no right of review. The parties submitted their dispute to the Bureau of Mediation Services, which determined that the matter should be decided by an independent arbitrator.
The arbitrator determined that respondent was estopped from contending that relator's position was at-will and that respondent did not have just cause to terminate relator. The arbitrator concluded that respondent was permitted to take some disciplinary action against relator but that the appropriate action was a demotion to a non- supervisory position, not a discharge. Notwithstanding the arbitrator's findings of fact and conclusions of law, the respondent sustained its discharge of relator.
ISSUE
Is a public employer entitled to review and overturn the independent review decision for which provision is made in Minn. Stat. § 179A.25?
ANALYSIS
Respondent disputes the finality of the arbitrator's decision, claiming that its Board could review both relator's grievance decision and the right of the Bureau of Mediation Services to independently review the question. Absent this right of review, respondent's challenge to the grievance decision can only be brought to this court in an appropriate motion for a writ of certiorari.
In considering questions of law, "reviewing courts are not bound by the decision of the agency and need not defer to agency expertise." St. Otto's Home v. Minnesota Dep't of Human Servs., 437 N.W.2d 35, 39-40 (Minn. 1989) (citations omitted). Statutory construction is a question of law, which this court reviews de novo. Sorenson v. St. Paul Ramsey Med. Ctr., 457 N.W.2d 188, 190 (Minn. 1990).
Minn. Stat. § 179A.25 (1998), part of the Public Employment Labor Relations Act (PELRA), provides that public employees have "the right of independent review, by a disinterested person or agency, of any grievance arising out of the interpretation of or adherence to terms and conditions of employment." Minn. Stat. § 179A.25 (1998). "If no other procedure exists for the independent review of such grievances," the statute declares, "the employee may present the grievance to the commissioner [of the Bureau of Mediation Services] under procedures established by the commissioner." Id.
The entitlement to an independent review depends on "the nature of [the employee's] contract of employment." Boe v. Polk County Library Bd., 299 Minn. 226, 227, 217 N.W.2d 208, 209 (1974) (finding no right of review because employee had no contract or comparable tenure right). The governing statute, empowering the Bureau of Mediation Services to independently determine a grievance, is silent as to whether or not the public employer may decide the entitlement of a public employee to independent review.
In Boe, the public employer refused the right of independent review, putting upon the employee the burden to seek review, on which the employee eviden
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