CHITTENDEN SO. EDUC. v. Hinesburg Sch. Dist.

514 A.2d 1065
CourtSupreme Court of Vermont
DecidedJuly 25, 1986
Docket85-411
StatusPublished

This text of 514 A.2d 1065 (CHITTENDEN SO. EDUC. v. Hinesburg Sch. Dist.) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CHITTENDEN SO. EDUC. v. Hinesburg Sch. Dist., 514 A.2d 1065 (Vt. 1986).

Opinion

514 A.2d 1065 (1986)

CHITTENDEN SOUTH EDUCATION ASSOCIATION, HINESBURG UNIT
v.
HINESBURG SCHOOL DISTRICT; Hinesburg School Board, Rita Flynn Villa, Ruth Ayer, James Foster, Jean Kaidaisch and John O'Donnell.

No. 85-411.

Supreme Court of Vermont.

July 25, 1986.

*1066 James S. Suskin, Montpelier and Robert H. Chanin and Bruce R. Lerner of Bredhoff & Kaiser, Washington, D.C., for plaintiff-appellee.

Dennis W. Wells of Downs Rachlin & Martin, Burlington and Nicholas DiGiovanni, Jr. of Morgan, Brown & Joy, Boston, Mass., for defendants-appellants.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.

GIBSON, Justice.

This is an appeal by the Hinesburg School District and the Hinesburg School Board (School Board) from a decision of the Vermont Labor Relations Board (VLRB) ordering the School Board to add certain provisions to their contract offer for the *1067 1984-85 school year, and to reinstate striking teachers upon their unconditional application to return to work. The Chittenden South Education Association, Hinesburg Unit (Association) cross-appeals the VLRB determination that the declaration of finality under 16 V.S.A. § 2008 relieved the School Board of any further obligation to negotiate with the Association during the 1984-85 school year. We affirm.

This labor dispute arises out of contract negotiations between the Association, the exclusive bargaining agent for the Hinesburg elementary school teachers, and the School Board. In January 1984, the parties reached an agreement for the 1983-84 school year. In February, negotiations began for the following year. Both parties focused on economic issues, specifically on salary and health insurance. Unfortunately, they were unable to reconcile their differences on these issues, and they declared an impasse in May 1984. See 16 V.S.A. § 2006. Mediation efforts proved fruitless, and the parties proceeded to fact-finding. See 16 V.S.A. § 2007. The fact-finder's final report, issued on February 19, 1985, recommended a compromise solution. The Association accepted the fact-finder's recommendations, but they were rejected by the School Board.

By letter dated March 12, 1985, the School Board officially modified its salary proposal, and communicated what it later referred to as its final position on all matters. At no point during the negotiations did the parties discuss deleting or modifying the binding arbitration provision contained in the employment contract covering the 1983-84 school year.

On March 19, 1985, the teachers voted to strike if settlement was not reached by April 3, 1985. The parties engaged in no further negotiations after March 19, and on April 3, 1985, the teachers walked out. That evening the School Board declared finality under 16 V.S.A. § 2008, and immediately implemented a Teacher Employment Policy. The new policy differed from the School Board's March 12 offer in several respects, the most important for purposes of this appeal being the deletion of binding grievance arbitration. The next day, the School Board sent each teacher a copy of the policy along with an individual contract and an explanatory letter. The letter stated that each teacher had fifteen days to sign and return the contract or else rejection would be presumed and he or she would be subject to replacement.

On April 18, 1985, the parties held a final mediation session. The School Board refused to negotiate further on the 1984-85 school year, contending that finality had been invoked, but it indicated a willingness to negotiate for the 1985-86 school year. The teachers discussed the possibility of ending the strike, but ultimately decided not to return to work.

On April 22, after thirteen school days had been lost to the strike, the School Board replaced the striking teachers with permanent replacements and reopened the Hinesburg School.

The Association filed unfair labor practices against the Board, alleging, inter alia, that the School Board committed unfair labor practices by (1) refusing to bargain in good faith prior to April 3, 1985; (2) unilaterally imposing a new policy that changed matters previously not in dispute; (3) refusing to bargain with the Association after declaring finality on April 3, 1985; and (4) improperly hiring permanent replacement teachers.

A hearing was held, and on August 30, 1985, the VLRB rendered its decision. It rejected most of the Association's claims but ruled that the School Board committed an unfair labor practice by refusing to bargain in good faith when it unilaterally changed matters that were not in dispute during negotiations. See 21 V.S.A. § 1726(a)(5). The School Board attacks the VLRB ruling and order on four different grounds. We address these arguments in turn.

I.

First, the School Board contends that it had the right to unilaterally delete binding *1068 grievance arbitration from its Teacher Employment Policy under 16 V.S.A. § 2008.[1] In resolving this claim, we look first to the language of the statute.

16 V.S.A. § 2008 provides: "All decisions of the school board regarding matters in dispute in negotiations shall, after full compliance with this chapter, be final."[2] We focus here on the phrase "matters in dispute." According to the Association, binding grievance arbitration was never a matter in dispute. Therefore, it could not be made subject to a declaration of finality and unilaterally deleted by the School Board.

The School Board concedes that binding grievance arbitration was not a matter in dispute. Arbitration was an integral part of the 1983-84 contract, and its deletion had never been discussed in negotiations for the 1984-85 school year. In justifying its action, the School Board relies on the expiration of the 1983-84 contract, contending that it was under no further obligation to arbitrate grievances when it unilaterally deleted binding arbitration from its Teacher Employment Policy.

The question the School Board implicitly seeks to have reviewed is a contractual question: When will a binding arbitration clause survive contract termination? See, e.g., Nolde Brothers, Inc. v. Local 358, Bakery & Confectionery Workers Union, 430 U.S. 243, 255, 97 S.Ct. 1067, 1074, 51 L.Ed.2d 300 (1977) ("where the dispute is over a provision of the expired agreement, the presumptions favoring arbitrability must be negated expressly or by clear implication"). Although a contractual analysis might be appropriate under another set of circumstances, the School Board's duty to negotiate before unilaterally deleting or changing matters not in dispute arises independently of the parties' contractual agreement. It is imposed on the School Board by an explicit and unambiguous statutory directive. See 16 V.S.A. § 2008. This statute allows a school board to make final decisions regarding matters in dispute after the parties have failed to reach agreement through the process of negotiation, mediation, and fact-finding. See 16 V.S.A. §§ 2001-2007. Matters that are not in dispute, such as the binding arbitration provision at issue in this case, have not been made part of the bargaining process, and thus cannot be unilaterally deleted or added pursuant to a declaration of finality under 16 V.S.A. § 2008.

The School Board contends that arbitration has traditionally been viewed as the quid pro quo for an agreement not to strike. See, e.g.,

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Chittenden South Education Ass'n v. Hinesburg School District
514 A.2d 1065 (Supreme Court of Vermont, 1986)

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