Department of Public Safety v. State Board of Labor Relations — Katz, J., dissenting

Summary

Justice Katz, joined by Justice Palmer, dissented from the majority's conclusion that the trial court improperly affirmed the labor board's certification of a bargaining unit for state police lieutenants and captains. The dissent would affirm because the statutory managerial-employee criterion concerning development, implementation, and evaluation of agency goals requires independent judgment, which these employees lacked, and because the record did not show meaningful participation in agency-policy formulation. The dissent also maintained that the statutory language was ambiguous and that legislative history and subsequent legislative inaction supported the board's interpretation.