By Associated Press - Thursday, September 17, 2020

PIERRE, S.D. (AP) - The South Dakota Supreme Court has ruled that sergeants in the Yankton Police Department are ineligible for membership in a collective bargaining unit.

In reversing a circuit court decision, the high court agreed with labor officials who said that because sergeants had the authority to hire or make recommendations on hiring they could not belong to a union.

In an opinion filed Wednesday, the Supreme Court reversed a ruling from the First Judicial Circuit Court on an appeal from the City of Yankton. The circuit court ruled the sergeants did not have that authority and could join a union.

The City of Yankton asked for a clarification from labor officials in November 2017 because the union wanted those holding job titles of sergeant, detective or police officer to be eligible for membership.

The Fraternal Order of Police Lodge 19 and the Yankton Police Officers Association were respondents in the appeal.

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