Appeal of Westmoreland School Board

564 A.2d 419, 132 N.H. 103, 1989 N.H. LEXIS 73
CourtSupreme Court of New Hampshire
DecidedAugust 9, 1989
DocketNo. 88-213
StatusPublished
Cited by16 cases

This text of 564 A.2d 419 (Appeal of Westmoreland School Board) 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 Westmoreland School Board, 564 A.2d 419, 132 N.H. 103, 1989 N.H. LEXIS 73 (N.H. 1989).

Opinion

Batchelder, J.

This appeal presents issues concerning the arbitrability of a school board’s decision not to retain or renominate a probationary teacher for reasons that arguably violate the collective bargaining agreement between the teachers and the school board. The petitioner, the Westmoreland School Board (the board or petitioner), requests this court to overturn a decision of the New Hampshire Public Employee Labor Relations Board (PELRB) ordering the board to process the grievance of Kathleen Hanson, a non-tenured teacher who filed a grievance over the district’s decision not to renew her contract for a third year. For the reasons that follow, we reverse.

The facts involved here are not disputed. Kathleen Hanson taught in the Westmoreland School District for two years. In February, 1987, during her second year, the assistant superintendent orally informed her that she would not be rehired for a third year because she was not a “good match” for the job. In April, 1987, the Westmoreland Teachers Association (WTA) and Hanson filed a timely grievance in accordance with the grievance procedures of the collective bargaining agreement (CBA) between the teachers and the board. The CBA does not distinguish between tenured and non-tenured teachers, and the parties do not dispute that the contract covers Hanson. The school board, however, refused to process the grievance, claiming that Hanson’s nonrenewal was outside the scope of the CBA’s grievance and arbitration provisions.

The board, acting in accordance with our decision in School District #U2 of the City of Nashua v. Murray, 128 N.H. 417, 514 A.2d 1269 (1986), subsequently filed an unfair labor practice complaint with the PELRB, seeking an order preventing the WTA from pursuing the grievance procedures. The PELRB rejected the board’s complaint and ordered the board to follow the CBA’s grievance provisions, which ultimately lead to arbitration if a dispute is not resolved. Following the PELRB’s denial of its motion for a rehearing, the school board brought this appeal pursuant to RSA chapter 541, and we suspended the PELRB’s order pending appeal.

We first address the standards under which we review a PELRB order. This court often has held that the PELRB, as an adjunct to its responsibilities to interpret RSA chapter 273-A, has the implicit authority to decide whether a dispute involves a matter [105]*105addressed by a CBA. School Dist. # 42 v. Murray, 128 N.H. at 421, 514 A.2d at 1272. Although issues of contract interpretation, as a general rule, are matters for this court to decide, Appeal of Board of Trustees of U.S.N.H., 129 N.H. 632, 636, 531 A.2d 315, 317 (1987), we will not overturn the PELRB’s decision unless, by a clear preponderance of the evidence, Appeal of Hooksett School Dist., 126 N.H. 202, 204, 489 A.2d 146, 147-48 (1985), it is erroneous as a matter of law, unjust, or unreasonable, Appeal of University System of N.H., 131 N.H. 368, 370, 553 A.2d 770, 772 (1988). Our standard of review of PELRB decisions is a narrow one, Appeal of Town of Pelham, 124 N.H. 131, 134, 469 A.2d 1295, 1297 (1983), and the PELRB’s findings upon questions of fact are deemed prim,a facie lawful and reasonable, Appeal of City of Concord, 123 N.H. 256, 257, 459 A.2d 285, 286 (1983).

In their briefs, both parties agree that arbitration should be ordered “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.” Steelworkers v. Warrior & Gulf Co., 363 U.S. 574, 582-83 (1960). This court has not specifically adopted this standard in reviewing PELRB orders to arbitrate, but the WTA’s attorney suggested at oral argument that we do so. In Warrior & Gulf, the rationale for applying such a rule was the federal policy of promoting industrial peace through collective bargaining, a major component of which is the inclusion of an arbitration clause in a CBA. 363 U.S. at 578.

For purposes of deciding whether a dispute is arbitrable, the positive assurance standard is only one of several principles to be gleaned from the Steelworkers Trilogy, of which Warrior & Gulf is an important part. See Steelworkers v. American Mfg. Co., 363 U.S. 564 (1960); Steelworkers v. Enterprise Wheel, & Car Corp., 363 U.S. 593 (1960). As described more recently by the United States Supreme Court in AT&T Technologies v. Communications Workers, 475 U.S. 643 (1986), some of these principles are that: (1) “arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit,” quoting Warrior & Gulf, 363 U.S. at 582; (2) unless the parties clearly state otherwise, “the question of whether the parties agreed to arbitrate is to be decided by the court, not the arbitrator;” (3) a court should not rule on the merits of the parties underlying claims when deciding whether they agreed to arbitrate; and (4) under the “positive assurance” standard, when a CBA contains an arbitration clause, a presumption of arbitrability exists, and “[i]n the absence of any express provision excluding a particular [106]*106grievance from arbitration, we think only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail,” quoting Warrior & Gulf, 363 U.S. at 584-85. AT&T Technologies, 475 U.S. at 647-50.

In our State, many of the same policy concerns which prompted the United States Supreme Court to adopt these standards weigh in favor of our adopting the same standards under our own laws. In fact, the first two provisions comport with existing law in our State. See School Dish #42 v. Murray, 128 N.H. at 420, 514 A.2d at 1272 (CBA determines the extent of the agreement to arbitrate); Appeal of Board of Trustees, 129 N.H. at 636, 531 A.2d at 317 (contract interpretation generally is a matter for this court). The third and fourth principles described in AT&T Technologies, 475 U.S. at 649-50, stem from the policies supporting the inclusion of arbitration clauses in labor contracts, policies present in our collective bargaining law. In enacting RSA chapter 273-A, the legislature stated that the policy of the State was “to foster harmonious and cooperative relations between public employers and employees.” Laws 1975, 490:1. To further this policy, when “a dispute arises as to the interpretation or application of the agreement, there must be a mechanism for resolving the dispute or else the agreement is meaningless.” Appeal of Town of Pelham, 124 N.H. at 136, 469 A.2d at 1298.

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

Related

Appeal of Hillsborough County Nursing Home
166 N.H. 731 (Supreme Court of New Hampshire, 2014)
Camden Board of Education v. Alexander
854 A.2d 342 (Supreme Court of New Jersey, 2004)
Appeal of Police Commission
823 A.2d 757 (Supreme Court of New Hampshire, 2003)
Appeal of Town of Durham
821 A.2d 1097 (Supreme Court of New Hampshire, 2003)
Appeal of Pittsfield School District
744 A.2d 594 (Supreme Court of New Hampshire, 1999)
Appeal of the City of Manchester
743 A.2d 821 (Supreme Court of New Hampshire, 1999)
Appeal of Lincoln-Woodstock Cooperative School District
731 A.2d 992 (Supreme Court of New Hampshire, 1999)
Appeal of Merrimack County Board of Commissioners
709 A.2d 775 (Supreme Court of New Hampshire, 1998)
Appeal of Town of Bedford
706 A.2d 680 (Supreme Court of New Hampshire, 1998)
Appeal of AFSCME Local 3657, Londonderry Police Employees
681 A.2d 100 (Supreme Court of New Hampshire, 1996)
Appeal of City of Concord
651 A.2d 944 (Supreme Court of New Hampshire, 1994)
Appeal of City of Nashua, School District 42
571 A.2d 902 (Supreme Court of New Hampshire, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
564 A.2d 419, 132 N.H. 103, 1989 N.H. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-westmoreland-school-board-nh-1989.