Association of Classroom Teachers of Moore v. Board of Education of Independent School District 2, Cleveland County

1977 OK 124, 567 P.2d 979, 96 L.R.R.M. (BNA) 2463, 1977 Okla. LEXIS 631
CourtSupreme Court of Oklahoma
DecidedJune 21, 1977
DocketNo. 47626
StatusPublished
Cited by3 cases

This text of 1977 OK 124 (Association of Classroom Teachers of Moore v. Board of Education of Independent School District 2, Cleveland County) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Association of Classroom Teachers of Moore v. Board of Education of Independent School District 2, Cleveland County, 1977 OK 124, 567 P.2d 979, 96 L.R.R.M. (BNA) 2463, 1977 Okla. LEXIS 631 (Okla. 1977).

Opinion

DAVISON, Justice.

70 O.S.1971 § 509.2 provides:

“The local board of education shall recognize a professional organization that secures authorization signed by a majority of the professional educators designating said organization as their representative for negotiations. The members of the professional organization shall be professional educators employed by and serving in the district they propose to represent and no other person shall be authorized to represent the professional educators. The bargaining representatives of the professional organization shall be elected by a majority of the professional educators of the district they are to represent at an election called after proper notice is given to all the professional educators of the district. Any person who desires not to be represented by any organization, as provided for herein, may so state in writing to his board of education.” [Emphasis added]

Appellee, The Association of Classroom Teachers of Moore, Oklahoma, ACT, claiming to have secured authorizations from the majority of the professional educators within the Board of Education, Independent School District #2, Cleveland County, Oklahoma, requested that the Board of Education recognize ACT as the exclusive representative for negotiations of all professional educators in Independent School District #2 of Cleveland County. After the Board refused, or at least failed to recognize ACT as the negotiations representative, ACT again appealed to the Board, offering to submit the signed authorization cards to a mutually acceptable neutral third party for verification and for counting. The Board, refusing to agree to such a procedure, demanded that they or their designated representative be given the actual signed authorizations to examine, verify and count, indicating that they would not recognize ACT as the negotiations representative until such time as the signed authorization cards were made available to the Board or their representative.

Thereafter, ACT made application to the District Court of Cleveland County asking that the court issue a writ of mandamus, requiring the Board of Education to recognize ACT as the negotiations representative.

At the trial, the trial judge appointed two officers of the court, one attorney from each side of the dispute, to examine the authorization cards-and determine whether ACT had received signed authorization cards from a majority of professional educators in the Moore School District. Both attorneys, as officers of the court, were admonished not to disclose the names of the individuals or other information obtained in performing the examination and counting of the authorization cards, until such time as the court may order the names disclosed. The attorneys, acting as officers of the court, examined and counted the cards and their tally clearly showed that ACT had received signed authorization cards from a majority of the professional educators in the Moore School District. Accordingly, Judge Brown issued a writ of mandamus, ordering the Board of Education to recognize ACT as the negotiating representative of the professional educators in the School District. Additionally, in an amended memorandum opinion, the trial court held that in the event that the teachers and a School Board agreed, signed authorization cards may be submitted directly to the Board for verification. However, the court went on to state that if this procedure cannot be agreed upon, a reasonable means of verification would be to submit the authorization cards to a neutral third party who may count and report their findings to the Board of Education.

In its original memorandum, the trial court indicated that the Board may solicit letters from teachers within the School Dis[981]*981trict, stating that the teachers do not wish to be represented by ACT. In making the statement, the trial court referred to the last sentence of 70 O.S. § 509.2, which provides: “* * * Any person who desires not to be represented by any organization, as provided for herein, may so state in writing to his board of education.” In amending its memorandum, the trial court, after hearing arguments of the parties, deleted this paragraph from the final memorandum issued.

The School Board appeals from the ruling of the trial court, arguing that the trial court erred in the following respects:

1. The School Board, pursuant to the provisions of 70 O.S.1971 § 509.1 et seq., is given the responsibility of determining whether a professional organization has secured authorized signature cards from a majority of professional educators, before designating the professional organization as the negotiations representative of professional educators, and that in making that determination, the Board has a right to have the actual authorization cards submitted to the Board — the trial court failed to recognize this right.
2. Since the Board has a right to personally examine signed authorization cards, and not submit to a verification by an independent third party, the trial court lacked the authority to order the counting of the authorization cards by counsel for both parties.

We first consider whether the Board of Education had a right to personally examine the signed authorization cards. In addressing this issue, we first note that 70 O.S.1971 § 509.2 is silent on the method to be used by a local board of education in determining whether a professional organization has secured authorizations signed by a majority of educators. The Board argues that it may make the determination as it sees fit, and that its duty cannot be delegated to a neutral third party. Conversely, ACT argues that when both teachers and the Board agree to allow the Board to personally examine the signed verification cards, such a procedure is reasonable and may be used. However, ACT urges that when the parties cannot agree, the Board does not have a right to demand personal access to the signed authorizations, as the Board, although it has the right to reasonably verify the result of a polling of educators, does not have the right to learn the identity of those individuals who signed the authorizations. ACT points out that the teachers fear reprisals in the event that they are individually identified, and that historically, employers have resented and opposed organized negotiations. Additionally, ACT argues that employees are easily intimidated when those who hold the purse strings have the knowledge of the identity of individual employees who desire to be represented in negotiations with the employer. As ACT points out, the employer, in this case the Board of Education, controls hiring, firing, promotions, wages, benefits and the like, thus employees are reluctant to openly oppose their employer. The unnecessary disclosure of the identity of those employees seeking representation impedes and hampers their freedom of choice and intimidates employees, discouraging the free exercise of the right granted by statute — the right to organize and be represented at the bargaining table.

In support of its argument, ACT cites several Federal cases similar to the one before us in National Labor Relations Board v. New Era Die Co., 118 F.2d 500 (3 Cir. 1941), the Court stated:

“A union representative properly refused to show cards signed by employees to employer’s officer, since showing cards would deprive employees of their secrecy of choice * *

Also see N.L.R.B. v.

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Related

DeLafleur v. Independent School District No. 11 of Tulsa County
727 P.2d 1352 (Supreme Court of Oklahoma, 1986)
Maule v. Independent School District No. 9
1985 OK 110 (Supreme Court of Oklahoma, 1985)

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Bluebook (online)
1977 OK 124, 567 P.2d 979, 96 L.R.R.M. (BNA) 2463, 1977 Okla. LEXIS 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/association-of-classroom-teachers-of-moore-v-board-of-education-of-okla-1977.