(dissenting in part and concurring in part).
I would hold that the provisions of SDCL 3-18 are an unconstitutional impingement on the Board of Regents’ control over its employees.
Perhaps the best explanation of the limitations on the Board’s power is that set forth in Judge Campbell’s concurring opinion in State ex rel. Prchal v. Dailey, 57 S.D. 554, 234 N.W. 45:
“As to each educational institution under the control of the regents, it must be held that the general scope of the powers of the board as to courses of study and the kind, type or nature of school that shall, in fact, be maintained, are limited by the foundation purpose of the school as prescribed by the Legislature. Within those limits the discretion of the board of regents is vast and subject to little, if any, control. Beyond those limits there is no question of controlling discretion. There is an utter lack of power and authority to act. Either the limit is there or else no limit of any sort conceivably exists.” 57 S.D. 554, 570, 234 N.W. 45, 52.
*57The Board does not have the power of the purse, State College Development Ass’n. v. Nissen, 66 S.D. 287, 281 N.W. 907, nor can it change the fundamental character of the institutions under its control, State-ex rel. Prchal v. Dailey, supra. The Board’s authority to employ and dismiss all officers, instructors,. and employees at the institution under its control stems from Art. XIV, § 3 of the Constitution, and not from statute. Worzella v. Board of Regents, 77 S.D. 447, 93 N.W.2d 411.
The majority opinion assumes that SDCL 3-18 will have no real effect upon the Board’s control of its affairs vis-a-vis its employees. This is an assumption, not a limitation, and I cannot agree that it is correct. For example, SDCL 3-18-1.1 defines “grievance” as “* * * a complaint by a public employee or group of public employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies, rules or regulations of the * * * board * * *SDCL 3-18-15.2 provides that if a grievance remains unresolved, “* * * it may be appealed to the department of manpower affairs, which shall conduct an investigation and hearing and shall issue an order covering the points raised, which order shall be binding on the employees and the governmental agency.”
SDCL 3-18-2 requires the Board to meet and negotiate in good faith with representatives of the employees in connection with grievance procedures and conditions of employment and requires a statement of rationale for any position taken by the Board in such negotiations. Refusal by the Board to negotiate collectively in good faith with such representatives is deemed to be an unfair practice. SDCL 3-18-3.1. It is the duty of the department of manpower affairs to enforce SDCL 3-18-3.1 by promulgating appropriate rules and regulations. SDCL 3-18-3.3. If the Board declines to grant formal recognition to a proposed unit of employees, the department of manpower affairs shall, at the request of the employees, make an investigation and rule on the definition of the appropriate representation unit. SDCL 3-18-4. SDCL 3-18-8.1 provides that in the event of an impasse or failure to reach an agreement in negotiations a request may be made to have the department of manpower affairs intervene *58under the provisions of SDCL 60-10, which authorize the department of manpower affairs to intervene in labor disputes and to investigate and make a recommendation for settlement of the controversy between the employer and employees.
This brief sketch of some of the provisions of SDCL 3-18 belies the statement made in the majority opinion that “The ability of the Regents to unilaterally set salaries, discharge employees, or establish employment qualifications is left intact. The board’s basic right of control is left untouched * * Cf. Aberdeen Education Ass’n v. Aberdeen Bd. of Education, 88 S.D. 127, 215 N.W.2d 837, 841 (Doyle, J., dissenting). The interposition of the department of manpower affairs between the Board of Regents and its employees constitutes a substantial impingement on the Board’s basic constitutional right of control and is in my opinion an impermissible restriction on the exercise of that control.
I concur in that portion of the majority opinion that affirms the dismissal of the Attorney General’s complaint in intervention.
I am authorized to state that Justice WINANS joins in this dissent and concurrence.