Armstrong v. Civil Service Commission of St. Paul

498 N.W.2d 471, 1993 Minn. App. LEXIS 344, 61 Fair Empl. Prac. Cas. (BNA) 744, 1993 WL 98645
CourtCourt of Appeals of Minnesota
DecidedApril 6, 1993
DocketC9-92-1783
StatusPublished
Cited by1 cases

This text of 498 N.W.2d 471 (Armstrong v. Civil Service Commission of St. Paul) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armstrong v. Civil Service Commission of St. Paul, 498 N.W.2d 471, 1993 Minn. App. LEXIS 344, 61 Fair Empl. Prac. Cas. (BNA) 744, 1993 WL 98645 (Mich. Ct. App. 1993).

Opinion

OPINION

RANDALL, Judge.

In January of 1987, appellant Stevén Armstrong, an employee of respondent City of St. Paul (city), petitioned the St. Paul Civil Service Commission for reconsideration of his employee status. He also sought “equitable compensation” pursuant to the Minnesota Pay Equity Act (MPEA), Minn.Stat. §§ 471.991-.999 (1988). After á hearing, the Commission found that even though appellant had acquired the skills of a building inspector, his job required only the skills of code enforcement. The Commission ordered that appellant’s employee status remain the same.

Appellant commenced this action in district court by filing a summons and petition for certiorari and writ of mandamus seeking reversal of the determination of the Civil Service Commission. By order dated June 29, 1992, the trial court granted summary judgment dismissal in favor of respondents. 1 This appeal is taken from the judgment entered on July 8, 1992. We affirm.

FACTS

The facts are undisputed. Appellant has been employed by respondent City of St. Paul since November of 1983. The parties agree the city is a political subdivision and a public employer for the purposes of the Minnesota Pay Equity Act (MPEA), Minn. Stat. §§ 471.991-.999, which was originally enacted in August of 1984. See 1984 Minn. Laws ch. 651.

Since July of 1986, appellant has worked in the fire prevention division of the city’s fire and safety services department doing certificate of occupancy inspections. Appellant’s title is Fire Prevention Inspector I. For purposes of the MPEA, appellant’s class of employment is considered a “balanced class,” (as opposed to a female-domi *473 nated class or male-dominated class). 2 See Minn.Stat. § 471.991, subd. 2 (1988). Appellant and the other eight employees in his class are represented by APSCME Council 14 for the purposes of collective bargaining with the city.

Appellant works side by side with employees who have the title “Trades Inspectors.” This title is based upon the fact they are members of various trade unions. They are also all members of a male-dominated class. There is evidence that the day to day duties of appellant and trades inspectors are the same most of the time. However, trades inspectors make $5000 to $15,000 more per year than appellant.

In November of 1987, appellant brought the matter of the pay differential to the Civil Service Commission. The issue of the MPEA was not raised at that hearing. The Civil Service Commission found that appellant had acquired the skills of a building inspector but that his job required the skills of code enforcement only. The Commission denied appellant’s request for . an upgrading of his position and an increase in pay. Appellant testified that he brought the matter of this alleged pay disparity to his union representative but his union representative was unwilling to pursue the matter.

This action was commenced in district court in January of 1988 by service of a summons and “petition of writ of certiorari and writ of mandamus.” Before discovery was commenced, appellant brought a motion for writ of mandamus reversing the Civil Service Commission and for back pay and a motion for summary judgment on the MPEA claim. Those motions were denied by order of the trial court dated September 5, 1989, and no appeal was taken from that decision. All discovery in this lawsuit has occurred since the date of that order and memorandum.

This appeal is from a judgment entered on July 8, 1992, pursuant to the trial court’s order granting respondent city’s motion for summary judgment of dismissal.

ISSUES

1. May appellant, as a member of a “balanced class,” bring a cause of action against respondent to contest a perceived unfair wage pursuant to the MPEA in the absence of gender-based wage disparity?

2. May- an individual, as opposed to a “class” of employees, bring a cause of action to contest a perceived unfair wage pursuant to the MPEA?

ANALYSIS

The complaint pleads for relief under two sections of the MPEA. Appellant first claims relief under Minn.Stat. § 471.992, subd. 1 (1988). This section calls for the establishment of equitable compensation relationships between female-dominated, male-dominated, and balanced classes of employees. Appellant’s second claim for relief arises under Minn.Stat. § 471.993, subd. 1 (1988). This section requires that in preparing management negotiating positions for compensation established through collective bargaining, political subdivisions “assure” that compensation bear reasonable relationship among related job classes and among various levels within the same occupational group.

At the time this action was commenced, January of 1988, the MPEA remained essentially the same as the original legislation enacted in 1984. However, the act *474 was substantially amended in 1990, effective August 1, 1990. See 1990 Minn.Laws ch. 512.

Appellant is a male and a member of a “balanced class.” See Minn.Stat. § 471.-991, subd. 2 (1988). The trial court dismissed appellant’s claims on summary judgment based on its conclusion that appellant is not within the class of persons which the act was designed to protect, namely, persons in “female-dominated” classes. See Minn.Stat. § 471.991, subd. 6 (1988). The trial court concluded the legislative purpose of the act is the equalization of wage rates that have been made disparate by gender-based differences-. The trial court based this conclusion on changes in the 1990 legislation indicating legislative intent. The trial court also concluded the MPEA does not provide a mechanism for individual causes of action. Rather, the trial court held, any action brought pursuant to the MPEA must necessarily involve a class or classes of employees. The trial court granted summary judgment in favor of respondent city.

On review of summary judgment, this court must determine whether there are any genuine issues of material fact and whether the trial court erred in its application of the law. Offerdahl v. University of Minn. Hosps. & Clinics, 426 N.W.2d 425, 427 (Minn.1988). This court need not defer to the trial court’s interpretation of a statute, which is a question of law. A.J. Chromy Constr. Co. v. Commercial Mechanical Servs., Inc., 260 N.W.2d 579, 582 (Minn.1977).

I.

The MPEA, also referred to as the comparable worth statute, Minn.Stat. § 471.-991-.999, requires public employers to determine the comparable work value of all employment positions. See Minn.Stat. § 471.994; Holmes v. Board of Comm’rs, 402 N.W.2d 642, 647 (Minn.App.1987).

The 1988 version of the act provided:

Subdivision 1. Establishment.

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498 N.W.2d 471, 1993 Minn. App. LEXIS 344, 61 Fair Empl. Prac. Cas. (BNA) 744, 1993 WL 98645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-v-civil-service-commission-of-st-paul-minnctapp-1993.