2007 Minnesota Statutes

123A.75 EMPLOYEES OF REORGANIZED DISTRICTS.
    Subdivision 1. Teacher assignment. (a) As of the effective date of a consolidation in which
a district is divided or the dissolution of a district and its attachment to two or more existing
districts, each teacher employed by an affected district shall be assigned to the newly created or
enlarged district on the basis of a ratio of the pupils assigned to each district according to the new
district boundaries. The district receiving the greatest number of pupils must be assigned the
teacher with the greatest seniority, and the remaining teachers must be alternately assigned to each
district until the district receiving the fewest pupils has received its ratio of teachers who will not
be retiring before the effective date of the consolidation or dissolution.
(b) Notwithstanding paragraph (a), the board and the exclusive representative of teachers in
each district involved in the consolidation or dissolution and attachment may negotiate a plan for
assigning teachers to each newly created or enlarged district.
    Subd. 2. Collective bargaining. The organization certified as the exclusive bargaining
representative for the teachers in the particular preexisting district which employed the largest
proportion of the teachers who are assigned to a new employing district according to subdivision
1 shall be certified as the exclusive bargaining representative for the teachers assigned to that new
employing district, until that organization is decertified or another organization is certified in its
place pursuant to sections 179A.01 to 179A.25. For purposes of negotiation of a new contract
with the board of the new employing district and the certification of an exclusive bargaining
representative for purposes of that negotiation, the teachers assigned to that district shall be
considered an appropriate unit of employees of that district as of the date the county board orders
its interlocutory order of dissolution and attachment to be final and effective or as of the date
the commissioner assigns an identification number to a new district created by consolidation.
During the school year before the consolidation becomes effective, the newly elected board or the
board of the district to which a dissolved district is attached, may place teachers assigned to it on
unrequested leave of absence as provided in section 122A.40 according to: (a) a plan negotiated
in a new master contract between it and the exclusive bargaining representative of the teachers
assigned to it, or (b) if no such plan exists, an applicable plan negotiated in the contract which
according to this subdivision will temporarily govern the terms and conditions of employment of
teachers assigned to it, or (c) if no plan exists pursuant to either (a) or (b), the provisions of section
122A.40, subdivision 11, on the basis of a combined seniority list of all teachers assigned to it.
    Subd. 3. Interim contractual agreements. (a) Until a successor contract is executed between
the new board and the exclusive representative of the teachers of the new district, the boards of
both districts and the exclusive representatives of the teachers of both districts may agree:
(1) to comply with the contract of either district with respect to all of the teachers assigned
to the new district; or
(2) that each of the contracts shall apply to the teachers previously subject to the respective
contract.
(b) In the absence of an agreement according to paragraph (a), the following shall apply:
(1) if the effective date is July 1 of an even-numbered year, each of the contracts shall apply to
the teachers previously subject to the respective contract and shall be binding on the new board; or
(2) if the effective date is July 1 of an odd-numbered year, the contract of the district that
previously employed the largest proportion of teachers assigned to the new district applies to all
of the teachers assigned to the new district and shall be binding on the new board. The application
of this section shall not result in a reduction in a teacher's basic salary, payments for cocurricular
or extracurricular assignments, district contributions toward insurance coverages or tax-sheltered
annuities, leaves of absence, or severance pay until a successor contract is executed between the
new board and the exclusive representative.
    Subd. 4. Contracts; termination; tenure. Except as provided in this section, the provisions
of section 122A.40 or 122A.41 shall apply to the employment of each teacher by the new
employing district on the same basis as they would have applied to the employment if the
teacher had been employed by that new district before the effective date of the consolidation or
dissolution and attachment. For the purpose of applying the provisions of subdivision 2, clause
(c), and the provisions of section 122A.40, subdivision 11, each district must be considered to
have started school each year on the same date.
History: 1978 c 764 s 27; 1Sp1981 c 4 art 1 s 46; 1984 c 462 s 27; 1986 c 444; 1989 c 329
art 6 s 15-17; 1992 c 499 art 6 s 14; 1Sp1995 c 3 art 1 s 5; 1998 c 397 art 5 s 62-64,104; art 11 s 3