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Judge rules against teacher union in Fargo contract negotiation suit

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Judge Steven Marquart asks a question during a hearing Thursday, Oct. 3, in Cass County District Court, Fargo, in an effort by the Education Association to get the Fargo Public School District back to the negotiating table. Michael Vosburg / Forum Photo Editor
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FARGO — A judge ruled Friday, Oct. 4, that the Fargo School Board will not have to return to the bargaining table in stalled contract talks with the Fargo Education Association.

The association had brought suit in Cass County District Court, asserting that the school district prematurely called an impasse on Aug. 26, the last time the school district and teachers' union representatives negotiated face to face.

During a hearing before Judge Steven Marquart on Thursday , an attorney for the school district, Seth Thompson, said the two sides were about $1.1 million apart on the issues of salary and benefits and he said mediation and fact finding were the appropriate next steps for the stalled talks.

Michael Geiermann, an attorney representing the teachers' union, asserted it was too soon in the negotiations for an impasse to be called and he urged the judge to force the school district back to face-to-face talks.

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Michael Geiermann, attorney for the Fargo Education Association, asks Judge Steven Marquart to force the Fargo Public School District back to the negotiating table. Michael Vosburg / Forum Photo Editor

In a ruling released Friday, Marquart noted the union claimed in its suit that the impasse was improper because the school district failed to act in good faith.

But the judge said in his ruling that the existing contract between teachers and the district requires non-binding mediation.

He further ruled that a fact-finding commission established by the Legislature and which the union had not availed itself of was "uniquely qualified" to determine if an impasse was proper.

David Marquardt, FEA president, said the union was disappointed with the ruling and would be discussing next week what the organization will do next.

Fargo School Board President Robin Nelson said she was hopeful the judge's decision meant the district was "one step closer" to achieving a resolution in the contract situation.

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Seth Thompson, attorney for the Fargo Public School District, submits a document during a hearing Thursday, Oct. 3, in Cass County District Court, Fargo, in an effort by the Education Association to get the school district back to the negotiating table. Michael Vosburg / Forum Photo Editor

I'm a reporter and a photographer and sometimes I create videos to go with my stories.

I graduated from Minnesota State University Moorhead and in my time with The Forum I have covered a number of beats, from cops and courts to business and education.

I've also written about UFOs, ghosts, dinosaur bones and the planet Pluto.

You may reach me by phone at 701-241-5555, or by email at dolson@forumcomm.com.
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