Appeal of Alton School District

666 A.2d 937, 140 N.H. 303, 1995 N.H. LEXIS 146, 154 L.R.R.M. (BNA) 2646
CourtSupreme Court of New Hampshire
DecidedOctober 24, 1995
DocketNos. 93-164; 93-684; 93-685; 94-059
StatusPublished
Cited by20 cases

This text of 666 A.2d 937 (Appeal of Alton School District) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Appeal of Alton School District, 666 A.2d 937, 140 N.H. 303, 1995 N.H. LEXIS 146, 154 L.R.R.M. (BNA) 2646 (N.H. 1995).

Opinions

JOHNSON, J.

Each of these three appeals presents the issue of a school board’s financial obligations following expiration of a collective bargaining agreement (CBA) during negotiations for a successor contract. The primary questions raised involve the doctrine of status quo, the definition of a cost item, and voter approval of cost items. In the two consolidated Alton cases, the public employee labor relations board (PELRB) ruled that the school board must pay teachers salary increases for additional levels of experience and education achieved during the status quo period. The PELRB relied in part on the school district voters’ appropriation of sufficient funds for these expenses. We reverse the PELRB’s ruling regarding the experience increases but affirm with regard to the education increases. In the Rochester case, the PELRB ruled that the school board was not required to pay experience increases during the time in question, and we affirm that ruling. In the Conway case, the PELRB ruled that the school board must continue to provide-bargaining unit members with the health insurance benefits they enjoyed during the life of the CBAs; we affirm there also.

We begin with an overview of the current state of the law. A CBA is a contract between a public employer and a union over the terms and conditions of employment. Generally, in cases involving school districts, the local school board acts as an agent for the public employer during negotiations. It lacks, however, the authority to

[307]*307appropriate public dollars, and therefore, a CBA negotiated by a school board and a union remains unenforceable until the legislative body of the public employer ratifies the CBA’s cost items. See Appeal of Sanborn Regional School Bd., 133 N.H. 513, 520, 579 A.2d 282, 285 (1990). A “cost item” is “any benefit acquired through collective bargaining whose implementation requires an appropriation by the legislative body of the public employer with which negotiations are being conducted.” RSA 273-A:l, IV (1987).

The parties to a CBA are not bound by its cost items unless the legislative body ratifies them. RSA 273-A:3, 11(b) (1987). Ratification of cost items occurs only if the legislative body approves them with “full knowledge” of their terms. Sanborn, 133 N.H. at 520, 579 A.2d at 286; see Appeal of City of Franklin, 137 N.H. 723, 728-29, 634 A.2d 1000, 1003-05 (1993); Appeal of Franklin Education Assoc., 136 N.H. 332, 334, 616 A.2d 919, 920-21 (1992). The PELRB determines in the first instance whether the requisite knowledge exists as a matter of fact.

A CBA may contain an automatic renewal clause, sometimes referred to as an “evergreen clause.” Such a clause purports to continue the terms of the contract indefinitely until the parties negotiate, and the legislative body ratifies, a successor contract. An automatic renewal clause is a cost item, Appeal of Milton School Dist., 137 N.H. 240, 243, 625 A.2d 1056, 1058-59 (1993), and it therefore does not bind the parties unless it has been ratified by the legislative body, id. at 244, 625 A.2d at 1059.

In the absence of a binding automatic renewal clause, a CBA ends on its termination date. Once a CBA expires, while the parties continue to negotiate for a successor agreement, their obligations to one another are governed by the doctrine of maintaining the status quo. See Milton, 137 N.H. at 245-48, 625 A.2d at 1059-61.

[T]he principle of maintaining the status quo demands that all terms and conditions of employment remain the same during collective bargaining after a CBA has expired. This does not mean that the expired CBA continues in effect; rather, it means that the conditions under which the teachers worked endure throughout the collective bargaining process.

Id. at 247, 625 A.2d at 1061. We have specifically held that the doctrine of status quo does not require payment of salary increases based on additional years of experience (“step increases”) after a CBA expires. Id. at 246-47, 625 A.2d at 1061. The status quo [308]*308doctrine stems from RSA 273-A:5, 1(e), 11(d) (1987), which makes it an unfair labor practice for either party to refuse to negotiate in good faith the terms and conditions of employment, see also RSA 273-A:3, I (1987). A unilateral change in a condition of employment is equivalent to a refusal to negotiate that term and destroys the level playing field necessary for productive and fair labor negotiations. See generally Laws 1975, 490:1.

Either party to a CBA may bring an unfair labor practice complaint before the PELRB to resolve a dispute concerning the employment relationship. RSA 273-A:6 (1987 & Supp. 1994). If a party appeals the decision of the PELRB to this court, our review of the agency’s ruling is governed by RSA 541:13 (1974). Appeal of State of N.H., 138 N.H. 716, 719-20, 647 A.2d 1302, 1305 (1994). We defer to the PELRB on issues of fact and affirm its decision unless we find it to be unlawful or clearly unreasonable. Id.

I. The Alton Appeals

The last CBA of the Alton School Board and the Alton Teachers Association was a one-year contract governing the 1991-92 school year. Its duration clause reads: “The provisions of this agreement will be effective September 1, 1991 and will remain in full force and effect until August 31, 1992 and thereafter renew itself automatically for successive terms of one year or until a successor agreement has been ratified.” The contract’s compensation provisions are based on a unit system. Under the system, the school board assigns each teacher a certain number of units according to his or her years of experience, amount of education, and service in various activities. The board then multiplies the teacher’s total number of units by a negotiated unit value to arrive at the teacher’s salary.

When the 1992-93 school year began, the parties had not yet negotiated a successor agreement. In calculating the teachers’ salaries for the year, the school board did not give raises to reflect an added year of experience. It did, however, increase salaries for those teachers who had received additional training during the previous year.

The union filed an unfair labor practice charge with the PELRB, demanding that the school board follow all of the provisions of the CBA in calculating salaries. After a hearing, the PELRB ruled in the union’s favor. It distinguished the CBA’s unit system from more traditional salary schedules and noted that the voters at the 1992 Alton annual meeting had approved a school district budget containing sufficient funds to pay for the raises the union sought. It also stated that the contract’s duration clause “carries the employer’s contractual obligations forward.” The school board appealed.

[309]*309Meanwhile, the 1993-94 school year began, and the school board again paid the teachers without regard for increased experience.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Appeal of Nashua School District
Supreme Court of New Hampshire, 2017
In re Nashua Sch. Dist.
173 A.3d 167 (Supreme Court of New Hampshire, 2017)
Appeal of Professional Fire Fighters of Hudson, IAFF Local 3154
167 N.H. 46 (Supreme Court of New Hampshire, 2014)
Appeal of Town of North Hampton
93 A.3d 299 (Supreme Court of New Hampshire, 2014)
City of Augusta v. Maine Labor Relations Board
2013 ME 63 (Supreme Judicial Court of Maine, 2013)
Appeal of Laconia Patrolman Ass'n
62 A.3d 787 (Supreme Court of New Hampshire, 2013)
Auger v. Town of Strafford
931 A.2d 1213 (Supreme Court of New Hampshire, 2007)
Appeal of New Hampshire Department of Safety
921 A.2d 924 (Supreme Court of New Hampshire, 2007)
Collins v. City of Manchester
797 A.2d 132 (Supreme Court of New Hampshire, 2002)
Appeal of Inter-Lakes School Board
780 A.2d 1275 (Supreme Court of New Hampshire, 2001)
Appeal of Hillsboro-Deering School District
737 A.2d 1098 (Supreme Court of New Hampshire, 1999)
Appeal of SAU 16 Cooperative School Board
719 A.2d 613 (Supreme Court of New Hampshire, 1998)
Appeal of the Somersworth School District
713 A.2d 386 (Supreme Court of New Hampshire, 1998)
Appeal of the Timberlane Regional School Board
713 A.2d 988 (Supreme Court of New Hampshire, 1998)
Kibbe v. Town of Milton
700 A.2d 1224 (Supreme Court of New Hampshire, 1997)
Appeal of City of Nashua Board of Education
695 A.2d 647 (Supreme Court of New Hampshire, 1997)
Appeal of Town of Rye
666 A.2d 948 (Supreme Court of New Hampshire, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
666 A.2d 937, 140 N.H. 303, 1995 N.H. LEXIS 146, 154 L.R.R.M. (BNA) 2646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-alton-school-district-nh-1995.