2005 Minnesota Statutes

     123A.39 Employees of cooperating and combining districts.

    Subdivision 1.    Combined seniority list.  During the 
 school year before the cooperation begins and during the school 
 years of cooperation, the districts shall comply with section 
 123A.32, subdivision 4, unless compatible plans are negotiated 
 according to section 123A.32, subdivision 3.  The districts 
 shall comply with section 123A.75. 

    Subd. 2.    Nonlicensed employees termination.  If 
 compatible plans are not negotiated according to section 
 123A.36, subdivision 5, the boards shall comply with this 
 subdivision with respect to nonlicensed employees.  Nonlicensed 
 employees whose positions are discontinued as a result of 
 cooperation or combination, as applicable, shall be:  

    (1) employed by a cooperating board or the combined board, 
 if possible; 

    (2) assigned to work in a cooperating district or the 
 combined district, if possible; or 

    (3) terminated in the inverse order in which they were 
 employed in a district, according to a combined seniority list 
 of nonlicensed employees in the cooperating or combined 
 district, as applicable.  

    Subd. 3.    Retirement and severance levy.  A 
 cooperating or combined district that levied under Minnesota 
 Statutes 1996, section 124.2725, subdivision 3, for taxes 
 payable in 1995 may levy for severance pay or early retirement 
 incentives for licensed and nonlicensed employees who retire 
 early as a result of the cooperation or combination. 

    Subd. 4.    Employment laws.  Unless otherwise 
 explicitly provided, chapter 179A governs the rights and duties 
 of employers and employees.  Either party may promptly submit 
 questions of procedure, interpretation, or application to the 
 commissioner of mediation services.  

    HIST: 1989 c 329 art 6 s 9,37; 1990 c 562 art 6 s 22-26; 1991 
 c 130 s 37; 1991 c 265 art 6 s 34-38; 1992 c 499 art 6 s 16,17; 
 art 12 s 29; 1993 c 224 art 6 s 9-15; art 13 s 37,38; 1994 c 647 
 art 1 s 11; 1Sp1995 c 3 art 6 s 6-9; art 16 s 13; 1997 c 7 art 1 
 s 53; 1998 c 397 art 5 s 40,98,104; art 11 s 3