AFSCME—Local 1025 Sioux Falls School Maintenance & Custodial Workers v. Sioux Falls School District 49-5

2000 SD 20, 605 N.W.2d 811, 2000 S.D. LEXIS 21, 164 L.R.R.M. (BNA) 2106
CourtSouth Dakota Supreme Court
DecidedFebruary 9, 2000
DocketNone
StatusPublished
Cited by8 cases

This text of 2000 SD 20 (AFSCME—Local 1025 Sioux Falls School Maintenance & Custodial Workers v. Sioux Falls School District 49-5) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AFSCME—Local 1025 Sioux Falls School Maintenance & Custodial Workers v. Sioux Falls School District 49-5, 2000 SD 20, 605 N.W.2d 811, 2000 S.D. LEXIS 21, 164 L.R.R.M. (BNA) 2106 (S.D. 2000).

Opinions

KONENKAMP, Justice

[¶ 1.] This appeal arises from a decision by Sioux Falls School District 49-5 to close all its facilities in response to a severe winter storm. Custodial workers, who by contract were required to work in inclement weather, were ordered not to come in. Some custodians received notice and stayed home; others received no notice, came to work, and then left; still others remained on duty. The Union brought a grievance claiming the District violated the contract by calling off work. Following a hearing, the Department of Labor found for the Union. On appeal, the circuit court reversed, holding there was no breach of contract, and if there was, the weather conditions excused the breach. We reverse in part because the contract expressly provided that the custodial workers would report for work in inclement weather, but we affirm the court’s ruling on damages.

Facts

[¶ 2.] On January 9 and 10, 1997, a severe winter storm hit eastern South Dakota. Interstate highways and many local roads were closed, as snowplows were unable to keep them cleared. Wind chills reached dangerous levels. Sioux Falls School District officials canceled all classes. The storm was severe enough that the District also decided, for the safety of its employees, to cancel work for all personnel, including the custodial and maintenance workers. To notify the workers, the supervisors were called and they in turn implemented a “calling tree” to inform the rest. At the School District’s request, local television and radio stations announced the same message. Notification was not entirely successful: 86 of the 178 custodians reported to work. Management sent some of these workers home when they arrived. Others worked their entire shift.

[¶ 3.] Under the District’s employment contract with AFSCME-Local 1025 Sioux Falls School Maintenance and Custodial Workers Union, during inclement weather conditions, custodial and maintenance employees are required to report to work, even when schools and offices are closed. The contract provides that they will be paid time-and-a-half overtime on these days. On January 13, 1997, the Monday following the snow day, the Director of Operational Services for the District, Jeff Kreiter, advised the custodial staff by memo that those who had reported to work on January 10 would be paid at the overtime rate until the time they were told to leave. Any time worked after receiving notice would be compensated at straight time. Employees who did not work a full shift were given the option of taking personal or vacation leave, making up the time, or receiving no pay.

[¶ 4.] Richard LaPlante, the president of the local Union, met informally with Kreiter to resolve what the Union perceived as a violation of its employment agreement. No satisfactory arrangement was reached and the matter proceeded to a formal Level I grievance. In denying the grievance, Kreiter explained that the contract had no protocol for closing all school components, as had happened on January 10, and that his memo of January 13 created procedures to address such occasions.

[813]*813[¶ 5.] The Union then filed a Level II grievance before Dr. Keegan, the District Superintendent. Dr. Keegan’s response, dated February 21, 1997, allowed the custodians who had worked on January 10, as well as those who elected to make up their time, to be paid at overtime rate. Individuals who had previously elected to take leave time could change their election, and those who had not yet made an election were allowed to do so. Dissatisfied with this response, the Union then proceeded with a Level III grievance before the Sioux Falls School Board, which essentially upheld Keegan’s decision, but conceded that the inclement weather provision in the contract “is clear and unequivocal and it is understandable why the custodians reported to work or remained there.” The Union then filed a Petition for Review before the Department of Labor, where an Administrative Law Judge ruled that the District had violated its agreement with the Union, and ordered payment of additional wages.

[¶ 6.] The District appealed the Department’s decision to the circuit court. The court reversed and entered an order in favor of the District. The Union now appeals to this Court asserting four separate issues, which we, for simplicity, merge into three: (1) Did the District violate the union contract when the custodial workers were instructed not to report to work? (2) Was the snowstorm an “irresistible superhuman cause” under SDCL 20-6-2, excusing the District’s contractual obligations? (3) What was the proper measure of damages? As this is an administrative'appeal, our review is governed by SDCL 1-26-36. Contract interpretation is a question of law, reviewable under the de novo standard. Olson v. United States Fidelity and Guar. Co., 1996 SD 66, ¶ 6, 649 N.W.2d 199, 200.

Analysis and Decision

1. Breach of Union Contract

[¶ 7.] Three provisions in the employment agreement are relevant to this appeal: Articles 4, 8, and 12.

ARTICLE 4. MANAGEMENT RIGHTS
4.01 Statement
Nothing in this Agreement shall diminish any power, right or prerogative possessed by the Board or its administrative staff except where the District’s power, right or prerogative is legally and specifically limited by this Agreement.
4.02 Specific Management Prerogatives
The management rights of the District include but are not limited to the following:
4.02.01 To utilize personnel, methods, and means in the most appropriate and efficient manner possible.
ARTICLE 8. OTHER CONDITIONS OF EMPLOYMENT
8.02 Inclement Weather Procedures
8.02.02 Schools Closed-Offices Closed
8.02.02.01 Custodial and maintenance department employees are required to work. Those employees shall be paid for the day as if overtime.
8.02.02.02 All other employees shall not report to work and shall not be paid unless vacation is used, or time is made up.
ARTICLE 12. REDUCTION
12.01 The District reserves the right to reduce the number of District employees, the number of hours worked by District employees and each employee’s work schedule.

[¶ 8.] Conventional principles of contract interpretation require agreements to be construed in their entirety giving contextual meaning to each term. When provisions conflict, however, and full weight cannot be given to each, “the more [814]*814specific clauses are deemed to reflect the parties’ intentions — a specific provision controls a general one.” State v. Greger, 1997 SD 14, ¶ 21, 559 N.W.2d 854, 864 (citing Bock v. Perkins, 139 U.S. 628, 634, 11 S.Ct. 677, 679, 35 L.Ed. 314, 316 (1891)). The District argues that the three articles, when read together, allow it the prerogative, when schools and offices are closed for inclement weather, either to require custodians to work or to require them not to work.

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Bluebook (online)
2000 SD 20, 605 N.W.2d 811, 2000 S.D. LEXIS 21, 164 L.R.R.M. (BNA) 2106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/afscmelocal-1025-sioux-falls-school-maintenance-custodial-workers-v-sd-2000.