312 Education Ass'n v. USD NO. 312

• Decision Date: 31 May 2002
• Docket Number: No. 312,No. 86,962.,312,86,962.
• Citation: 273 Kan. 875,47 P.3d 383
• Parties: 312 EDUCATION ASSOCIATION, Appellant, v. U.S.D. No. 312, Appellees.
• Court: Kansas Supreme Court

273 Kan. 875

47 P.3d 383

312 EDUCATION ASSOCIATION, Appellant, v. U.S.D. No. 312, Appellees.

No. 86,962.

Supreme Court of Kansas.

Opinion filed May 31, 2002.

David H. Moses, of Case, Moses, Zimmerman & Wilson, P.A., of Wichita, argued the cause and was on the brief for appellant.

John E. Caton, of Martindell, Swearer & Shaffer, LLP, of Hutchinson, argued the cause, and Myndee M. Reed, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

LARSON, J.:

This appeal raises questions of standing, waiver, construction of contracts, and contract negotiations between an education association and a unified school district.

During a period of contract negotiations between the 312 Education Association (312 E.A.), a professional association of teachers employed at Unified School District No. 312 (U.S.D. 312 or District), which ultimately went to impasse, 312 E.A. filed grievances against the District for improperly placing a beginning teacher on the second rather than the first step of the District's pay scale.

The first grievance filed by 312 E.A. was heard by the Superintendent of Schools, denied, and not further pursued. A second grievance raising the same contention was filed by 312 E.A. denied by the Superintendent, and then denied by the District's school board. From this denial, 312 E.A. appealed to the district court, pursuant to K.S.A. 60-2101(d).

The district court granted U.S.D. 312's motion to dismiss for lack of standing. 312 E.A. appeals. Our jurisdiction is pursuant to K.S.A. 20-3018(c) (transfer on our own motion).

Factual and procedural background

We first detail the actions of the parties and the pertinent parts of the various documents which we are called on to construe.

312 E.A. and U.S.D. 312 were negotiating the terms of the 2000-01 contract in June 2000, when 312 E.A filed a grievance with U.S.D. 312, contending Article IV(B)(2) of the 1999-2000 negotiated agreement had been violated. 312 E.A. alleged a "beginning teacher for the school year 1999-2000 was placed on Step 2 instead of Step 1 as defined specifically in the contract." It was indicated to be a level 2 grievance and the remedy sought was: "All teachers new to the district will be placed on the salary schedule according to the terms of the contract."

The grievance was signed by the chief negotiator and president of 312 E.A. The remedy sought could be construed as asking that the beginning teacher referred to be reduced one step on the salary schedule.

The response from the Superintendent of U.S.D. 312 stated (1) both parties were discussing the step placement issue, (2) the agreement allows "teachers," not 312 E.A., to file grievances but also stated: "However, this time, it will be dealt with as though properly filed," (3) the agreement was not violated as the person involved had relevant educational experiences, (4) the association had proposed a more lenient placement policy in its latest negotiating proposal, and (5) if further discussion was desired, he was available at a stated date and time 1 week later.

The 312 E.A. did not appear at the time offered and neither party did anything further of record as to this first exchange.

On September 29, 2000, 312 E.A. filed another grievance with the District. This was indicated to be a level 3 grievance with the same claim based on the same contract provision (Article IV B [2]) (improper step placement of a beginning teacher), but the remedy sought was materially different:

"All teachers under contract for the 1999-2000 school year will be advanced one step with the exception of the individual previously advanced for that school year, OR, alternately, beginning first year teachers who were placed on step one for the contract years 1999-2000 and 2000-2001 will be advanced one step. Both of these remedies would be retroactive to each teacher's hire date, plus interest."

The October 10, 2000, response from the Superintendent reiterated that the complaint was not filed by a "teacher" or within the time specified in the contract, but the Board, "in a continuing effort to demonstrate, yet another, good faith effort to deal constructively with teacher complaints," agreed to "formally hear the complaint on October 16, 2000, at 7:30 p.m. in the Board Room at the District office in Haven."

The letter concluded:

"It must be clearly understood that the Board's decision to hear this complaint, which does not comply with negotiated agreement procedures, may not be construed as a waiver of the Board's right to insist upon compliance with the negotiated contract's provisions in the future."

The Board considered the grievance and affirmed "the placement of the teacher on the salary schedule and that such placement is in accordance with the negotiated agreement and that the board has the authority to determine the placement of teachers on the salary schedule." The Board informed 312 E.A of its decision by a letter dated October 26, 2000, stating:

"In reaching it's decision, the Board considered your written grievance and your statements to the Board, the statements of Mr. Chadwick, the District's superintendent, and copies of written materials relating to the subject of your grievance appeal. On the basis of such information, the Board determined the actions and previous decisions of the District superintendent should be confirmed."

The record reflects that 312 E.A. next filed on November 3, 2000, a complaint against U.S.D. 312 with the Kansas Department of Human Resources (Labor Relations Section), wherein it was alleged U.S.D. 312 had engaged in prohibited practices within the meaning of K.S.A. 72-5430(b)(5) (essentially, a claim of refusal to negotiate in good faith) by the placement of the teacher in step 2 instead of step 1 as required by the contract language.

The relief sought was identical to that requested from U.S.D. 312 in the second grievance, with an additional request for an order requiring U.S.D. 312 to negotiate in good faith and posting for 30 days in a conspicuous place the District's acknowledgment that it committed the prohibited practice.

On November 21, 2000, 312 E.A. filed an appeal in district court pursuant to K.S.A. 60-2101(d) from the Board's rejection of its September 29, 2000, grievance.

U.S.D. 312 filed a motion to dismiss, contending (1) 312 E.A. lacked standing to pursue the grievance under the provisions of the Negotiated Agreement for 1999-2000, (2) 312 E.A., as a voluntary association, had no standing to assert a grievance or claim for the interest of one class of the employees it represents at the expense or contrary to the best interests of one or more other professional employees, (3) the grievance procedures under the negotiated agreement were available to individual teachers and made no reference to rights of 312 E.A. to initiate a grievance, (4) the appeal constituted an improper attempt to interfere with, restrain, or coerce U.S.D. 312 with respect to pending contract negotiations under K.S.A. 72-5413 et seq., where one of the issues being negotiated is the placement of professional personnel on the District salary schedule, and (5) the 312 E.A. had failed to exhaust its administrative remedies when it filed on November 3, 2000, a complaint before the Kansas Department of Human Resources, requesting the same relief it had requested in the grievance filing.

312 E.A.'s response contended (1) the District's improper placement of the teacher on the salary schedule allowed 312 E.A., as the statutory professional employees' organization charged with improving employees rights, the right and obligation to file the grievance, citing NEA-Coffeyville v. U.S.D. No. 445, 268 Kan. 384, 387, 996 P.2d 821 (2000), and Seaman Dist. Teachers' Ass'n v. Board of Education, 217 Kan. 233, 535 P.2d 889 (1997), (2) the District, by acceptance of the grievance and agreement to hear the grievance, waived any claim of procedural defects in this instance, (3) the association met the representation test because it had the right and duty to seek enforcement of the negotiated agreement, (4) the negotiation process was not an issue in the present case as it involved a yet to be agreed upon agreement, and (5) it was not obligated to exhaust administrative remedies, as a prohibited practice allegation under K.S.A. 72-5430 differs from an appeal mandated under K.S.A. 60-2101(d) for the several reasons it had enumerated.

312 E.A. also referred to an earlier Reno County District Court case involving the Hutchinson Community College and its faculty association where a grievance was allowed to be filed by a professional association. U.S.D. 312's response pointed out the language of the negotiated agreement therein involved was materially different and this case does not seem to have been further considered.

After the submission of briefs and oral arguments, the trial court rendered its memorandum decision in which it granted the motion to dismiss on the grounds that 312 E.A. failed the third prong of the association representation test. The trial court's conclusions of law recognized that the appeal was one made under K.S.A. 60-2101(d), recognized that teachers are professional employees who may be represented by an appropriate negotiating unit, and recited language found in K.S.A. 72-5415(a). The decision continued:

"6. The Plaintiff, pursuant to 5415(a), supra, is the exclusive representative of all the teachers (or professional employees) employed by the Defendant Board for the purpose of professional negotiations in matters concerning the contracts of teachers.

"7. Article V of the Parties' Negotiated Agreement for 1999-00 is entitled, `Teachers Recourses.' Section B of that article deals with the grievance procedure. It is noted by the Court that the entire Section B mentions only the right of a teacher to file a grievance, not the professional association of teachers.

"8. The Plaintiff, in this case, does not have

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