Appeal of Berlin Educ. Ass'n, NHEA/NEA

• Court: New Hampshire Supreme Court
• Writing for the Court: DOUGLAS
• Citation: Appeal of Berlin Educ. Ass'n, NHEA/NEA, 485 A.2d 1038, 125 N.H. 779 (N.H. 1984)
• Decision Date: 31 December 1984
• Docket Number: No. 82-348,82-348
• Parties: , 121 L.R.R.M. (BNA) 3521, 22 Ed. Law Rep. 192 Appeal of BERLIN EDUCATION ASSOCIATION, NHEA/NEA (New Hampshire Public Employee Labor Relations Board).

Page 1038

485 A.2d 1038

125 N.H. 779, 121 L.R.R.M. (BNA) 3521, 22 Ed. Law Rep. 192

Appeal of BERLIN EDUCATION ASSOCIATION, NHEA/NEA (New Hampshire Public Employee Labor Relations Board).

No. 82-348.

Supreme Court of New Hampshire.

Dec. 31, 1984.

McLane, Graf, Raulerson & Middleton P.A., Manchester, and James Allmendinger, Concord (Jack B. Middleton, Manchester, and Allmendinger on brief, and Allmendinger orally), for Berlin Educ. Ass'n, NHEA/NEA.

Nighswander, Martin, Kidder & Mitchell P.A., Laconia (Bradley F. Kidder and Patrick H. Wood, Laconia, on brief, and Kidder orally), for the Berlin School Bd.

DOUGLAS, Justice.

The sole issue in this appeal is whether the New Hampshire Public Employee Labor Relations Board (PELRB) erred in finding that the Berlin Board of Education did not commit an unfair labor practice in refusing to negotiate a salary scale for extracurricular positions. Because we hold that under RSA chapter 273-A compensation for extracurricular duties is a mandatory subject of bargaining, we conclude that the PELRB erred, and we reverse.

Berlin Education Association, NHEA/NEA (BEA) is the exclusive bargaining representative of all permanent full-time teachers employed by the Berlin public schools. In 1980, the BEA entered into negotiations with the Berlin Board of Education (board) in which it sought to negotiate, among other items, a salary scale for its members who hold extracurricular positions. The board refused to negotiate such a pay scale, maintaining that the matter was nonnegotiable and was subject to the sole determination of the board. On June 10, 1980, the BEA filed an unfair labor practice charge with the PELRB, alleging that the board had refused to negotiate certain cost items. The BEA asked the PELRB to order the board to negotiate extracurricular salaries.

A hearing was held, and on December 3, 1981, the hearings officer dismissed the unfair labor practice charge, ruling that "under the language of the existing agreement, the subject is not [a] mandatory" subject of negotiations. The BEA appealed the ruling. After a hearing before the full PELRB, the PELRB ruled that "[t]he extra curricula [sic] duties are not contained in Article I, 'Recognition', [sic] therefore, under the contract the subject of extra curricula [sic] payments is a permissive subject of negotiations, but is not mandatory." The PELRB denied the BEA's motion to reconsider. The BEA then appealed to this court pursuant to RSA chapter 541.

The BEA seeks to negotiate wages for extracurricular duties such as coaching and supervising student activities. "Extracurricular activities are activities generally outside of regular hours of pupil attendance at which a teacher's attendance is either required or voluntary and which may or may not involve additional pay." West Hartford Education Assn., Inc. v. DeCourcy, 162 Conn. 566, 586, 295 A.2d 526, 537 (1972). The record indicates that, in the Berlin school system, performance of extracurricular duties is voluntary on the part of the teacher. Teachers are not assigned or required to take on extracurricular duties. The extracurricular positions are salaried positions.

The record establishes that the board does not require persons filling extracurricular positions to be certified by the State Board of Education, and not all persons performing extracurricular duties in the Berlin school system are teachers within the BEA bargaining unit. The PELRB found, however, that although the superintendent can fill extracurricular positions outside of the bargaining unit, "that has not been the practice."

The BEA states that persons outside the bargaining unit may fill extracurricular positions and that it does not seek to negotiate wages on behalf of these persons. Rather, the BEA contends that, as the exclusive bargaining representative of the teachers, it is entitled to negotiate wages for its members performing extracurricular duties. On appeal, the BEA argues that the collective bargaining agreement expressly requires the board to negotiate with respect to terms and conditions of employment as defined in RSA chapter 273-A, and that under RSA chapter 273-A, compensation for extracurricular duties is a mandatory subject of bargaining.

The board argues that extracurricular duties are not within the scope of the collective bargaining agreement. In support of its position, the board maintains that the extracurricular duties are dissimilar and distinct from the duties of full-time teachers, are outside the community of interest of full-time teachers and are not part of the job description of teachers under the collective bargaining agreement. Consequently, the board argues that a salary scale for extracurricular positions is not a mandatory subject of bargaining between the board and the BEA.

That the collective bargaining agreement at issue does not expressly address the subject of extracurricular activities does not end the matter for us. There is general agreement that "extracurricular activities are a fundamental part of a child's education, making the supervision of such activities an integral part of a teacher's duty toward his or her students." Bd. of Ed. Asbury Pk. v. Asbury Pk. Ed. Assn., 145 N.J.Super. 495, 501, 368 A.2d 396, 399 (1976). E.g., McGrath v. Burkhard, 131 Cal.App.2d 367, 376, 280 P.2d 864, 870 (1955); District 300 Educ. Ass'n v. Board of Educ., 31 Ill.App.3d 550, 554-55, 334 N.E.2d 165, 168 (1975); Parrish v. Moss, 200 Misc. 375, 106 N.Y.S.2d 577, 584-85, aff'd, 279 A.D. 608, 107 N.Y.S.2d 580 (1951); Pease v. Millcreek Twp. Sch. Dist., 412 Pa. 378, 385-88, 195 A.2d 104, 107-08 (1963).

Teaching is not limited to classroom instruction, but also involves the complete training of a child for citizenship and leadership. Extracurricular activities can be a significant part of that training. To hold that extracurricular activities are dissimilar, distinct and outside the community of interest of teachers would be to limit a teacher's role in a child's education merely to classroom instruction. Consequently, we conclude that extracurricular activities are within the scope of a teacher's duties.

Turning to the collective bargaining agreement in the case before us, we note that it expressly includes matters which are mandatory subjects of bargaining under RSA chapter 273-A. In Article I, entitled "Recognition," the contract provides: "The Board recognizes the Association as the exclusive representative of all permanent full time teachers employed by the Berlin Public Schools for the purpose of negotiating with the Board with respect to terms and conditions of employment as defined in RSA 273-A." (Emphasis added.) The issue, then, is whether a salary scale for teachers filling extracurricular positions is a mandatory subject of bargaining under RSA chapter 273-A.

RSA 273-A:3, I, requires a public employer and the exclusive bargaining representative of a bargaining unit to negotiate in good faith in an effort to reach an agreement on the terms of employment. RSA 273-A:1, XI, defines terms and conditions of employment to mean "wages, hours and other conditions of employment." There are only two exceptions to a public employer's obligation to bargain wages, hours and other conditions of employment. State...