American Federation of School Administrators, AFL-CIO, Local 44 v. St. Louis Public Schools St. Louis

666 S.W.2d 873, 17 Educ. L. Rep. 276, 1984 Mo. App. LEXIS 3537
CourtMissouri Court of Appeals
DecidedJanuary 31, 1984
DocketNo. 47335
StatusPublished
Cited by2 cases

This text of 666 S.W.2d 873 (American Federation of School Administrators, AFL-CIO, Local 44 v. St. Louis Public Schools St. Louis) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Federation of School Administrators, AFL-CIO, Local 44 v. St. Louis Public Schools St. Louis, 666 S.W.2d 873, 17 Educ. L. Rep. 276, 1984 Mo. App. LEXIS 3537 (Mo. Ct. App. 1984).

Opinion

PUDLOWSKI, Judge.

Appellants, public school administrators, brought this action for declaratory judgment and injunctive relief after respondent Board of Education of the City of St. Louis reduced the number of school employees. The trial court entered judgment in favor of respondents. Appellants maintain the trial court erred in its interpretations of RSMo § 168.221.5 (1978) and RSMo § 168.-251-.291 (1978).1 We affirm.

Appellant American Federation of School Administrators, AFL-CIO Local 44, is an unincorporated association of employees of the St. Louis Public Schools. The individually named appellants are members of Local 44. Respondents are the St. Louis Public Schools, the Board of Education of the City of St. Louis and the individual members of the Board of Education.

Appellants brought this action as individuals and as representatives of a class of all St. Louis Public School Administrators. The 362 administrators were administrative assistants, assistant directors, assistant principals, coordinators, divisional assistants, facilitators, managers, statisticians, executive directors, supervisors, unit directors, personnel managers and divisional directors. The employees performed mainly administrative and supervisory tasks and did not work primarily in the classrooms. Most of the appellants have teachers’ certificates, although some of them do not.

Appellants challenge the manner in which they were selected for assigned positions remaining after the Board of Education’s reduction in staff during the 1982-83 school year. The board made the reductions because of serious budgetary problems in the schools.

The board used different procedures to reduce the number of employees depending on the classifications of their positions. The board used a seniority system in retaining tenured teachers who were teaching or who had teaching certificates on file. The board also used a seniority system to determine which principals and which non-certificated employees would be retained.

At issue in this case is the procedure used to reduce the number of employees in administrative positions. Assignments of administrators to their 1982-83 positions were not determined solely on the basis of seniority in their particular administrative positions. The board issued a policy statement saying it would consider an administrator’s “experience in present position, total experience in administrative positions within the St. Louis Public Schools, seniority in the school system and quality of experience.”

The parties stipulated assignments to some of the positions would have been different if they had been based solely on an administrator’s seniority in a particular administrative position. In some cases, employees received lower salaries in 1982-83 than in 1981-82 because of the re-assignments.

Administrators who had teaching certificates and who were not assigned to administrative positions in 1982-83 were considered in the same group as classroom [875]*875teachers in determining which teachers would be retained. The Board of Education included the administrators’ years of service as administrators to calculate their total years of service as teachers. The evidence showed, for example, a person with five years of service as a teacher followed by five years of service as an administrator was credited with ten years of service as a teacher in determining whether that person would be placed on leave of absence from the school system. All but three of the administrators who had teaching certificates were offered positions as teachers for 1982-83. The three exceptions were placed on leaves of absence because their total years of credit as teachers were not sufficient to avoid economic layoffs as teachers.

The board followed the same procedure for non-certificated administrators. Their years of service as administrators were added to their years of service as non-certificated employees to determine their total years of service as non-certificated employees. Twelve administrators were laid off because their total years of service as non-certificated employees were insufficient to avoid an economic layoff as non-certificated employees.

Appellants sought a judgment declaring the relevant statutes mandate any reduction in the number of administrators must be by inverse order of appointment to the administrative positions. Appellants also sought to enjoin respondents from using the procedures they had adopted. The trial court denied the relief sought by appellants and this appeal follows.

Appellants’ first point claims the trial court erred in concluding appellants are not teachers within the meaning of RSMo § 168.221.5 (1978). Appellants allege the Board of Education, in reducing the force of administrators, violated Section 168.221.-5; which provides:

Whenever it is necessary to decrease the number of teachers or principals, or both, because of insufficient funds or a substantial decrease of pupil population within the school district, the board of education upon recommendation of the superintendent of schools may cause the necessary number of teachers or principals, or both, beginning with those serving probationary periods, to be placed on leave of absence without pay, but only in the inverse order of their appointment. Nothing herein stated shall prevent a readjustment by the board of education of existing salary schedules_ (emphasis added).

By its terms, the statute applies to “teachers” and “principals.”2 The administrators did not teach. Instead, appellants acted in administrative and supervisory capacities.

Statutory terms are to be given their plain meanings. Kieffer v. Kieffer, 590 S.W.2d 915, 918 (Mo. banc 1979). Section 168.221.5, which by its terms applies to “teachers,” does not apply to appellants. There is no justification for construing the legislature’s use of the word “teacher” to mean teachers and administrators. This is especially true in view of the fact some of the administrators do not have teaching certificates.

Appellants’ assertion the Missouri legislature must have meant for all administrators to be included with “teachers” under Section 168.221.5 is without merit. If appellants were correct, the legislature presumably would have used the phrase “administrator” or required all administrators to have certificates. The statute is void of either provision.

Appellants have modified their argument somewhat on appeal and are arguing “teachers” as used in the statute should apply to those administrators in the class who have teaching certificates. Respondents correctly point out the original plaintiff class was composed of all administrators, whether or not they had certificates. Appellants argue, however, that by the time the case came to trial, the only issues [876]*876remaining for resolution related to the reduction in the number of certificated administrators. Appellants note that a stipulation between the parties stated noncertifi-cated employees, including administrators, had been accorded seniority during the staff reductions. Appellants argue the reductions in noncertificated administrators, therefore, were accomplished in the very manner they had urged. The same stipulation between the parties, however, made clear the class consisted of both certificated and noncertificated administrators. The trial court’s finding and judgment dealt with the class on that basis.

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666 S.W.2d 873, 17 Educ. L. Rep. 276, 1984 Mo. App. LEXIS 3537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-federation-of-school-administrators-afl-cio-local-44-v-st-moctapp-1984.