Bear Lake Educ. Ass'n, By and through Belnap v. Board of Trustees of Bear Lake School Dist. No. 33
| Decision Date | 27 June 1989 |
| Docket Number | No. 17532,17532 |
| Citation | 116 Idaho 443,776 P.2d 452 |
| Parties | , 54 Ed. Law Rep. 974 BEAR LAKE EDUCATION ASSOCIATION, an unincorporated Association, by and through Bruce BELNAP, Floyd Bunderson, Joan Bunderson, Judy Burdick, Polly Dahlke, Nancy Deutscher, Leon Howell, Scott Kunz, Steve Kunz, Down Lowe, Verlyn Parker, Marden Phelps, Bernard Sparks, Linda Thomas, Cindy Wilcox, Dallas Arnell, Jeannie Brokens, Earl Burdick, Art Heinzman, Judy Hymas, Lorraine Kimball, Gaylea Manning, Arlo Rasmussen, Sarah Rigby, Mary Lour Talbot, Robert Transtrum, Glenn Bee, Maxine Candland, Bruce Christensen, Susan Dunford, Lynn Etcheverry, Barbara Grandy, Gloria Helm, Ruth Johnson, Sherry Lyn Joy, Jo Ann Matthews, Janet Peterson, Daleen Pugmire, Jaren Pugmire, Aralee Sparks, Jill Stach, Janice Valentine, Victoria Weber, Jolyn Johnson, Ann Massey, Janelle Mattson, Cassandra Parker, Celia Peterson, Kathleen Stucki, and Edyth Ward, Members of Association, on behalf of themselves and all other Members of Association, Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF BEAR LAKE SCHOOL DISTRICT NO. 33, Defendant-Respondent. |
| Court | Idaho Supreme Court |
Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for plaintiffs-appellants. Neil D. McFeeley argued.
Green & Nyman, Ctd., Boise, for defendant-respondent. Kenneth D. Nyman argued.
Bear Lake Education Association (Association) brought action in district court against the Board of Trustees of Bear Lake School District (District) to compel it to honor that portion of a "Master Agreement" regarding arbitration of a grievance. Both parties moved for summary judgment. The court entered summary judgment against the Association, holding that the provision in the agreement over which the grievance arose interfered with the District's discretion to hire, retain and discharge the professional employees of the school district, and as these duties were nondelegable, the provision in contention was not the proper subject of arbitration and, therefore, unenforceable. The Association's cross-motion for summary judgment was denied. The Association appeals. Today we vacate the order granting the District's motion for summary judgment and remand the case for further proceedings consistent with this opinion.
The Bear Lake Education Association is a local education organization which exclusively represented the teachers of Bear Lake School District No. 33 at all times relevant to this case. The Association represented the teachers in negotiations with the Board of Trustees of Bear Lake School District. These negotiations produced a "Master Agreement," which was ratified by the parties effective for a term from 29 August 1986 until 31 August 1987. Article XV of the Master Agreement provided that if a disagreement arose as to interpretation or application of the agreement, a grievance could be presented by the Association, and then established a four step procedure for resolution of that grievance. If there was dissatisfaction with the disposition of the grievance in the first three steps, step four provided:
4. If the Association is not satisfied with the disposition of the grievance of step # 3 or the time limits expire without the issuance of the Board's written reply, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association. If a demand for arbitration is not filed within thirty (30) days of the date for the step # 2 answer, then the grievance shall be deemed withdrawn. (Emphasis supplied.)
In May 1987, one of the teachers of Bear Lake School District was notified that his teaching contract would not be renewed as the District felt it was necessary to reduce the number of teachers employed within the district. In conformance with Article XV, the teacher involved filed a grievance, asserting that the District's action was in direct violation of Article XIX of the Master Agreement, the "reduction in work force provision," which provided:
A. When a reduction in force becomes necessary, lay-offs will be made on a last hired first fired basis within the certificated area where cuts are deemed necessary, except in situations where a wide disparity in competence is demonstrated and documented by the established evaluation procedures. In such situations lay-offs may be made in such a way as to retain the best qualified personnel available teaching in the district. (Emphasis supplied.)
Neither the teacher nor the members of the Association's Grievance Committee received satisfaction during the first levels of meetings with the District. Accordingly, the Association provided written notice of its intention to submit the grievance to arbitration as called for in Article XV. In September 1987 the District responded with written notice to the Association that it would not consent to the submission of the grievance to arbitration, contending that the grievance alleged by the teacher and the Association was not a proper subject of arbitration. In January 1988 the Association brought an action in district court seeking to compel the District to comply with Article XV and submit the grievance to binding arbitration.
In Part I of this opinion we will discuss whether the District may be compelled to honor a provision of a Master Agreement, between itself and the Association, governing grievance resolution. In Part II we will address the District's contention that the Association did not have standing to sue in district court, and discuss whether the individual teacher involved is an indispensable party to this action.
The first issue is whether the Board of Trustees of Bear Lake School District may be legally compelled to honor that portion of a Master Agreement between the District and the Bear Lake Education Association which requires the submission of grievances pertaining to the application or interpretation of the agreement to binding arbitration.
The legislature has specifically empowered and statutorily required the board of trustees of each school district to enter into negotiation agreements with local education associations. Gilbert v. Nampa School Dist. No. 131, 104 Idaho 137, 147, 657 P.2d 1, 11 (1983) (); See also Buhl Ed. Ass'n v. Joint School Dist. No. 412, 101 Idaho 16, 607 P.2d 1070 (1980); School Dist. No. 351 Oneida County v. Oneida Ed. Ass'n, 98 Idaho 486, 567 P.2d 830 (1977) () The Bear Lake Education Association is a "local education association" within the meaning of the Professional Negotiations Act, which represents the teacher employees of School District No. 33. I.C. § 33-1272(2); School Dist. No. 351 Oneida County v. Oneida Ed. Ass'n, 98 Idaho 486, 488, 567 P.2d 830, 832 (1977). After extensive negotiations, pursuant to the "negotiation agreement" the Board of Trustees of Bear Lake School District entered into a "Master Agreement" with the Bear Lake Education Association which remained in effect until 31 August 1987.
The District contends that although I.C. § 33-1271 requires each school district to enter into "negotiation agreements" and conduct negotiations with local education associations in accordance therewith, that duty is conditioned by the language of I.C. § 33-1276, which provides:
33-1276. Intent of act.--Nothing contained herein is intended to or shall conflict with, or abrogate the powers or duties and responsibilities vested in the legislature, state board of education, and the board of trustees of school districts by the laws of the state of Idaho. Each school district board of trustees is entitled, without negotiation or reference to any negotiated agreement, to take action that may be necessary to carry out its responsibility due to situations of emergency or acts of God. (Emphasis supplied.)
The District contends that Article XIX of the Master Agreement is in conflict with duties and responsibilities vested in them by the laws of the State of Idaho. In refusing to consent to submit the grievance concerning application of Article XIX to binding arbitration, the District argues that both statutory provision and public policy required that they breach the Master Agreement, as employment decisions are matters entrusted solely to the discretion of the school board and, therefore, could not be delegated.
To support its argument, the District refers specifically to I.C. § 33-513 through § 33-515 and contends that the legislature placed upon it the duty and responsibility of employing, retaining and discharging professional personnel pursuant to these statutes, and that being compelled to honor Article XIX of the Master Agreement would interfere with these responsibilities by delegating away those duties vested in the District to an arbitrator. The District contends that I.C. § 33-513(1) specifically charges it with the responsibility of employing professional personnel on written contract, and that this duty is augmented by I.C. § 33-514 which establishes the District's "discretionary authority" to employ those teachers which it determines will provide the best education for the children. The District further urges that once it has exercised its discretionary authority in employing a teacher, I.C. § 33-515 allows the District to again exercise that authority by determining whether a third-year teacher will be afforded a renewable contract for a fourth year, urging that the legislature has placed the discretionary authority to execute these responsibilities solely in the hands of the District. Thus, the argument goes that to enforce the Master Agreement, in effect, delegates board authority to the arbitrator. It asserts that, pursuant to I.C. § 33-1276, it was without authority to delegate these responsibilities when it executed the Master Agreement, and now asks to...
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