Blank v. Independent School District No. 16

372 N.W.2d 386, 26 Educ. L. Rep. 1258, 1985 Minn. App. LEXIS 4866
CourtCourt of Appeals of Minnesota
DecidedAugust 6, 1985
DocketNo. C9-85-212
StatusPublished
Cited by2 cases

This text of 372 N.W.2d 386 (Blank v. Independent School District No. 16) 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
Blank v. Independent School District No. 16, 372 N.W.2d 386, 26 Educ. L. Rep. 1258, 1985 Minn. App. LEXIS 4866 (Mich. Ct. App. 1985).

Opinions

OPINION

NIERENGARTEN, Judge.

Respondents Rachel Blank and Kent Charron appeal the school board’s resolution adopting a hearing examiner’s recommendation which placed them on unrequested leave of absence. On appeal the district court substituted its findings for those of the hearing examiner and ordered the school district to reinstate respondents with full back pay. We affirm in part and reverse in part. -

[388]*388FACTS

Independent School District No. 16 and the Spring Lake Park Federation of Teachers, the teachers’ exclusive bargaining representative, negotiated a policy for placing teachers on unrequested leave of absence in inverse order of seniority in subjects in which they are qualified. The policy was authorized by Minn.Stat. § 125.12, subd. 6a (1984) and incorporated as Article XV of the collective bargaining agreement.

Seniority is determined by an annual listing which ranks employees by date of employment and describes subject matter areas in which they are qualified. The agreement defines a “qualified” teacher as one:

who is licensed to teach full time in the subject matter category and has successfully taught such subject matter category with the * * * school district.

The agreement defines “subject matter” as “such categories as are determined by the State Department of Education for licen-sure purposes.”

On the seniority list for the 1982-83 school year Rachel Blank, a teacher in the school district, was given seniority number 203 and her qualifications were listed as “Visual Handicapped K-12.” She is also licensed in elementary education, although she has never been assigned to teach it. Kent Charron, another teacher in the district, was given seniority number 149. His qualifications were listed as in-school suspension, aide to principal with only teacher certification required, and administrative assistant with only teacher certification required. He is also licensed in other areas which he has not taught in the school district. Neither Blank nor Charron objected to the seniority list, and the school district approved it in February 1983.

In May 1984, Blank and Charron were placed on unrequested leave of absence because of financial limitations and declining enrollment. They requested a hearing. At the hearing, Blank argued that she was “qualified” to teach elementary education because she had “successfully taught” her vision students core elementary education subjects. Thus, she argued she could bump an elementary education teacher with less seniority. Charron argued that he was “qualified” to bump a less senior dean of students or an assistant principal because he had “successfully performed” the same duties under a different job title.

The hearing examiner, hired by the district, found that Blank was not qualified to bump an elementary teacher and that Char-ron was not qualified to bump the dean of students or the assistant principal within the meaning of the collective bargain agreement.

The school board adopted the hearing examiner’s proposed findings and conclusions and placed Blank and Charron on unrequested leave. The teachers obtained a writ of certiorari to the district court, which found that (1) Blank and Charron were not bound by the seniority list because the list did not conform to the collective bargaining agreement and (2) they were qualified for the other positions held by less senior teachers. The court ordered them reinstated with back pay. The school district appeals.

ISSUES

1. Does the failure of Blank and Char-ron to challenge a seniority list prior to being placed on an unrequested leave of absence preclude them from raising the issue of their qualifications at the leave of absence hearing?

2. Are Blank and Charron “qualified” for other positions held by less senior teachers?

3. Did Blank fail to mitigate her damages so as to bar her from full back pay?

ANALYSIS

A school board’s decision to terminate a teacher may be overturned if the decision was “fraudulent, arbitrary, unreasonable, not supported by substantial evidence on the record, not within the school board's jurisdiction, or is based on an erroneous theory of law.” Schmidt v. Inde[389]*389pendent School District No. 1, 349 N.W.2d 563, 566 (Minn.Ct.App.1984).

I

The school board contends that Blank and Charron are precluded from disputing the qualifications listed on the seniority list because they failed to challenge the list as provided in the master agreement. The agreement provides:

15.05 Establishment of a Seniority List:
(A) The school district shall cause a seniority list (by name, date of employment, qualification and subject matter or field) to be prepared from its records. It shall thereupon post such list in an official place in each school building of the district no later than December 15 of each year.
(B) Any person whose name appears on such list and who may disagree with the findings of the school board and the order of seniority in said list shall have twenty (20) working days from the date of posting to supply written documentation, proof and request for seniority change to the school board.
(C) Within ten (10) working days thereafter, the school district shall evaluate any and all such written communications regarding the order of seniority contained in said list and may make such changes the school district deems warranted. A final seniority list shall thereupon be prepared by the school district, which list as revised shall be binding on the school district and any teacher. * * * Such * * * list shall govern the application of the unrequested leave of absence policy until thereafter revised.
(D) * * * This Article shall govern all teachers as defined therein and shall not be construed to limit the rights of any other licensed employee not covered by the master contract or other master contract affecting such licensed employee.

(Emphasis added). In addition, Article XIV provides a grievance procedure which includes arbitration to resolve:

an[y] allegation by a teacher(s) resulting in a dispute or disagreement between the teacher employee(s) and the school district as to the interpretation or application of terms and conditions of employment insofar as such matters are covered by this agreement.

A teacher should normally pursue an objection to a seniority list through the grievance procedure established by a collective bargaining agreement. Ellerbrock v. Board of Education, 269 N.W.2d 858, 862-63 (Minn.1978). A teacher may be bound by the list if he or she had the “opportunity” to challenge a seniority list but chose not to. In Jerviss v. Independent School District No. 294, 273 N.W.2d 638 (Minn.1978), the court said:

If plaintiff had been able to challenge her seniority placement prior to being given notice of termination, * * * requiring her to use the grievance procedure would be reasonable.

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Related

Blank v. Independent School District No. 16
393 N.W.2d 648 (Supreme Court of Minnesota, 1986)

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Bluebook (online)
372 N.W.2d 386, 26 Educ. L. Rep. 1258, 1985 Minn. App. LEXIS 4866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blank-v-independent-school-district-no-16-minnctapp-1985.