Bewley v. Villisca, Iowa Community School District

299 N.W.2d 904, 1980 Iowa Sup. LEXIS 994
CourtSupreme Court of Iowa
DecidedDecember 17, 1980
DocketNo. 64624
StatusPublished

This text of 299 N.W.2d 904 (Bewley v. Villisca, Iowa Community School District) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bewley v. Villisca, Iowa Community School District, 299 N.W.2d 904, 1980 Iowa Sup. LEXIS 994 (iowa 1980).

Opinion

LARSON, Justice.

Discretionary review was granted in this case to determine whether a school district’s requirement that an employee combine his vacation with his national guard training period violated chapter 29A, The Code 1975. We conclude the actions of the school district violated section 29A.43, and affirm the district court.

The appellee, James Bewley, was employed as a custodian with the appellant Villisca, Iowa, Community School District from June, 1976 to January, 1979. The parties entered into annual contracts of employment, each providing Bewley with a two-week vacation, “to be determined with consent of [the] Superintendent.” In 1976 and 1977, Bewley was informed by the superintendent that an unwritten school district policy required employees who were members of the national guard to take their vacations during the same period of time [905]*905they were attending national guard training camp. Apart from this “vacation” with the national guard, Bewley did not receive any other vacation time during those two years. In 1978, Bewley took four weeks of vacation, two of which were spent in training camp with the national guard. The 1978 vacation had not been “determined •with consent of the superintendent” as required by the contract. The magistrate held that Bewley was therefore precluded from recovery for that year, and the district court agreed. No cross-appeal was taken from that ruling. Therefore, despite Bew-ley’s request in his brief that we do so, we do not consider the propriety of the court’s ruling as to 1978. We address only the claims for 1976 and 1977.

Two provisions of Iowa’s Military Code, chapter 29A, The Code 1975, involve the rights of national guard members in relation to their non-military employment. Section 29A.28 applies to employees of political subdivisions which, of course, would include the appellant, a school district. It provides in part:

All officers and employees of the state or a subdivision thereof or a municipality .. . who are members of the national guard ... shall ... be entitled to a leave of absence from such civil employment for the purpose of ... active state . . . service without loss of status or efficiency rating, and without loss of pay during the first thirty days of such leave of absence.

(Emphasis added.) The school district argues that an employee, who is required to combine his vacation and national guard camp and is paid for his time off the job, has not suffered “loss of status . .. efficiency rating . . . [or] pay” and section 29A.28 is therefore inapplicable. Bewley, citing various authorities, contends section 29A.28 must be liberally construed in favor of an employee and should be interpreted to prohibit the school’s actions here.

It is not necessary to resolve the issue on the basis of section 29A.28 because, in any event, section 29A.43, proscribes the acts of this employer. It provides in part:

No person, firm, or corporation, shall discriminate against any officer or enlisted person of the national guard or organized reserves of the armed forces of the United States because of his membership therein. No employer, or agent of any employer, shall discharge any person from employment because of being an officer or enlisted person of the military forces of the state .... Any member of the national guard or organized reserves of the armed forces of the United States ordered to temporary active duty for the purpose of military training . .. shall be entitled to a leave of absence during the period of such duty or service from the member’s private employment, other than employment of a temporary nature, and upon completion of such duty or service the employer shall restore such person to the position held prior to such leave of absence, or employ such person in a similar position, .... Such period of absence shall be construed as an absence with leave, and shall in no way affect the employee’s rights to vacation, sick leave, bonus, or other employment benefits relating to the employee’s particular employment.

(Emphasis added.) The school district argues, and Bewley apparently concedes, that section 29A.43 is directed only to non-public employees and therefore inapplicable here. We do not agree. While it refers at the outset to “person[s], firm[s] or corporation[s],” we do not believe a school district is to be excluded merely on the basis of that language. It is a municipal corporation; and the section indicates a broad scope in providing that “[n]o employer, or agent of any employer” shall engage in certain acts. (Emphasis added.) The school district apparently reasons that the statute’s reference to “private employment” indicates a legislative intent to limit the protective provisions to private vis-a-vis public employers. The statutory reference to “private” employment, however, may be as per[906]*906suasively argued to mean a non-military occupation as a non-public one.

It is obvious from the wording of section 29A.43 that its effect could be forcefully argued from both viewpoints. However, we believe consideration of familiar construction principles requires its application in this case: this statute, like section 29A.28, should be liberally construed in favor of the employee, see Gibbons v. City of Sioux City, 242 Iowa 160, 164, 45 N.W.2d 842, 845 (1951); the consequences of a particular construction are to be accorded consideration, § 4.6(5), The Code 1979; Churchill Truck Lines, Inc. v. Transportation Regulation Board, 274 N.W.2d 295, 298 (Iowa 1979); and the spirit of a statute, as reflected in its wording and legislative history, should be considered in construing its terms, Doe v. Ray, 251 N.W.2d 496, 500-501 (Iowa 1977); see § 4.6(2), The Code 1979.

To construe section 29A.43 to exclude public employees would permit public employers to discriminate against their employees on the basis of national guard membership, while a private-sector employer could not. We do not ascribe such intent to the legislature. Moreover, exempting public employers from the scope of section 29A.43 does not comport with either the purpose of its enactment or its intended spirit. As originally proposed in the legislature, the statute would have provided:

No employer or officer or agent of any corporation, company, or firm, or other person shall . . . dissuade any person from enlistment ... by threat or injury to him ... in respect to his employment.

1934-35 Extra Session H.F. 306, § 8, at 4. As enacted by the legislature, the statute provided:

No person shall discriminate against any [national guard member] because of his membership therein .... No employer or officer or agent of any corporation, company, or firm, or other person shall discharge any person from employment because [of his national guard membership] or hinder or prevent him from performing any military service ... in respect to his employment ....

§ 467-f5, The Code 1935. Twenty-five years later, the legislature substantially rewrote the statute and an additional provision was included which, apart from minor gender-related modifications, now provides:

Any member of the national guard . . .

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Related

Gibbons v. City of Sioux
45 N.W.2d 842 (Supreme Court of Iowa, 1951)
Doe v. Ray
251 N.W.2d 496 (Supreme Court of Iowa, 1977)

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Bluebook (online)
299 N.W.2d 904, 1980 Iowa Sup. LEXIS 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bewley-v-villisca-iowa-community-school-district-iowa-1980.