City of Dubuque v. Public Employment Relations Bd.

• Decision Date: 19 October 1983
• Docket Number: No. 69040,69040
• Citation: 339 N.W.2d 827
• Parties: 117 L.R.R.M. (BNA) 3411 CITY OF DUBUQUE, Appellant, v. PUBLIC EMPLOYMENT RELATIONS BOARD, Appellee.
• Court: Iowa Supreme Court

Page 827

339 N.W.2d 827

117 L.R.R.M. (BNA) 3411

CITY OF DUBUQUE, Appellant, v. PUBLIC EMPLOYMENT RELATIONS BOARD, Appellee.

No. 69040.

Supreme Court of Iowa.

Oct. 19, 1983.

Barry A. Lindahl, City Sol., Dubuque, for appellant.

Thomas J. Miller, Atty. Gen., Julie Pottorff, Asst. Atty. Gen., M. Sue Warner, PERB Counsel, and Steven F. McDowell, PERB Deputy Counsel, Des Moines, for appellee.

Considered by REYNOLDSON, C.J., and McCORMICK, McGIVERIN, CARTER, and WOLLE, JJ.

REYNOLDSON, Chief Justice.

The fighting issue in this case, one of first impression for this court, is whether the terms of a collective bargaining agreement should be applied to a large, functionally dissimilar group of employees amended into the bargaining unit too late to be included in the mandatory bargaining process. The Public Employment Relations Board (board) determined these workers were covered by the agreement although not included in its terms. Consequently, it found the employer, City of Dubuque, in violation of two provisions of the Public Employment Relations Act on the basis of two prohibited practice complaints filed by the International Union of Operating Engineers (union). The city sought review in district court, which affirmed in part and reversed in part. The city appealed and the board cross-appealed from the district court ruling. We reverse.

The facts are virtually undisputed. In 1975 the board certified the union as the exclusive bargaining representative for the city's employees in the waste water treatment plant and water division. The classifications included plant mechanics, maintenance electricians, equipment mechanics, equipment operators, plant operators (certified and noncertified), assistant plant operators, meter repair workers, maintenance workers, meter inspectors, meter service workers, meter readers, truck drivers, custodians and laborers.

August 6, 1979, the union filed a petition with the board (supplemented by the city's stipulation) to amend the unit by adding an approximately equal number of employees in the following classifications: street department account clerks I and II; police department clerk typist, parking meter checker, dispatcher; public parking department ramp cashier, head ramp cashier; building department custodians I and II, inspector I, clerk typist; finance department account clerk I, senior cashier, cashier, clerk. This petition of course was subject to the board's statutory investigation and to an election pursuant to Iowa Code sections 20.13-.15 (1979).

Meanwhile, the union and the city began negotiations relating to the then represented employees in the fall of 1979, for the fiscal year 1980-81 contract. Evidently there was an impasse that proceeded through mediation and fact-finding, for the record reflects each party submitted a section 20.22(2) final offer on February 21, 1980. The arbitration hearing was held February 28, 1980. The arbitration award for the 1980-81 contract was filed March 13, 1980, two days before the section 20.17(10) March 15 deadline.

The board did not file its order certifying and designating the union as exclusive representative of the employees in the last-described classifications until February 19, 1980, just two days before the city and union submitted final offers in the impasse proceedings. Although there had been some discussion of the status of these prospective union members, the union had made no proposals as to them. As the contract proceeded to arbitration, the city offered to extend the wage package of the contract to the amended classifications if the union would accept the city's final offer. This proposal was refused.

It was evident the union acquiesced at that time with the city's position it was too late to work out contract provisions for the new union members. In his opening statement before the board's hearing officer the union's representative stated:

We also agreed with the city at that time that when the certification came down from the State, which was February 19, 1980, that it was impossible for us to put an economic package together, go through the rules of negotiation, and possibly some impasse procedures; it was too late to have any economic relief for them by March 15, the deadline.

The representative's further statements that the union claimed the non-economic contract provisions would apply, the city's denial of this effect, and the city's subsequent failure to follow through on its proposal to print the rules governing employees not covered by contract all have support in the record.

The 1980-81 contract, as examined and signed by the union and city, contained no reference to the newly represented employees. The "Preamble" provides:

This Agreement is made and entered into this First day of July, 1980 by and between ... the City and the Union on behalf of the employees in the Bargaining Unit, recognized and described under "Recognition Provision" of this Agreement.

Article I of the agreement is entitled "Recognition." It itemizes only those employees in the classifications we first enumerated above, and mentions none of the newly represented employees. The detailed and carefully drafted wage plan does not include their classifications. Several other contractual provisions obviously were designed to apply only to the employees initially represented.

In October of 1980, the union requested bargaining over the new classifications. The city agreed to bargain, but only over terms of the new contract to commence July 1, 1981. Specifically, and perhaps inconsistently, the union then contended a discharged employee's position was covered by the 1980-81 contract making her entitled to its grievance procedures.

November 13, 1980, the union filed a prohibited practice complaint with the board, protesting the city's refusal to bargain in violation of Iowa Code sections 20.10(2)(a) (interference with public employee rights), 20.10(2)(e) (refusal to negotiate collectively), and 20.10(2)(f) (denial of certification rights).

January 9, 1981, the union filed a second complaint alleging city violation of the same sections. This charge was based on the city's failure to process the grievance of one of the newly represented employees who was discharged on October 31, 1980.

These two complaints were consolidated for hearing. The board's hearing officer found for the union on both, concluding the "amended employees should have been covered under the current unit contract from the time of their amendment." The hearing officer thus determined "that the City's refusal to implement the contract for those employees and refusal to process the grievance of a discharged employee, constitutes a denial of the rights accompanying certification and a refusal to bargain collectively, in violation of Sections 20.10(2)(e) and (f) of the act." The refusal to implement the contract provisions for the amended employees was declared a prohibited act and the city and union were ordered to meet with a board representative within fourteen days for the purpose of constructing an appropriate remedy.

On appeal the board affirmed the hearing officer's recommended decision. Its decision expanded on the prior ruling by making more clear that it "preserv[ed] for both labor and management the ability to bargain matters which are 'not covered by the existing contract' and which are of unique concern to the affected positions." Further:

[B]argaining can be compelled on any contract clause which cannot be appropriately applied to the amended unit positions. Thus, attempts to seek exclusions or adjustments in the existing clauses must be predicated upon specific conditions of employment unique to the amended unit positions. Failing to reach a bargained agreement, either side could utilize the impasse procedures when they next become available.

In its affirmance the board made no provision for remedial measures beyond that contained in the hearing officer's ruling.

The city petitioned for district court review. The court affirmed the board's ruling the amended employees were entitled to instantaneous coverage and the city's refusal to negotiate over contract coverage in the fall of 1980 was a prohibited practice. The city appeals from that finding. The district court further determined that the city's refusal to process the discharged employee's grievance was a contract dispute, not a prohibited practice, and thus was cognizable only in district court. Finally, the court found the board's order that the two sides meet to construct an appropriate remedy exceeded the board's remedial authority under Iowa Code section 20.11(4) ("the board may, within thirty days of its decision, enter into a consent order with the party to discontinue the practice, or petition the district court for injunctive relief"). Reasoning that the board had taken neither of the authorized steps within the prescribed period, and that the newly represented employees then were covered by the 1981-82 contract, the district court held this issue moot.

The city appealed and the board cross-appealed. Of the several issues raised, we need treat only the questions of mootness and of whether the newly represented employees as a matter of law, were included in the 1980-81 contract.

I. Scope of Review.

The scope of our review is governed by Iowa Code section 17A.19 (1983), see Jackson County Public Hospital v. Public Employment Relations Board, 280 N.W.2d 426, 429 (Iowa 1979), and this court's sole duty "is to correct errors of law made by the district court." Foods, Inc. v. Iowa Civil Rights Commission, 318 N.W.2d 162, 164-65 (Iowa 1982). Although this court gives some weight to the board's interpretation of its own mandate, it is not bound by its conclusions and must make an independent assessment of the meaning of the statute. See Charles City Community School District v. Public Employment Relations Board, 275 N.W.2d 766, 769 (Iowa 1979); City of Des Moines v. Public Employment...