ROSE, Justice.
On March 18, 1974, Appellant Diefender-fer applied for a transfer to Carey Junior High School as a physical education instructor. On March 25, 1974, Appellee Budd applied for a transfer to Carey Junior High School or to any full-time physical education position in the school district. At the time of their applications, both were employed as elementary school physical education teachers by Laramie County School District No. 1. Diefenderfer’s request was approved by the principal of Carey Junior High and the Director of Personnel of the School District and he was assigned to Carey. Budd’s request was also approved, but he was assigned to a “cluster” position, there being no other similar position available at this time.
After being advised why Diefenderfer had been selected for the Carey position, Budd filed a grievance under Article IV of the “Agreement Between the Board of Trustees of Laramie County School District Number One and the Cheyenne Teachers Education Association,” hereinafter referred to as the “Agreement,”
alleging a
violation of the Agreement’s transfer provisions.
As a result of the grievance, Budd was assigned to the Carey position, whereupon Diefenderfer filed a grievance at the
“Level II” stage. During this phase, the Superintendent of Schools determined that the position should be awarded to Diefen-derfer, whereupon Budd filed a grievance at the “Level III” stage. A formal hearing was held before the Board of Trustees, under the terms of the Agreement and the Wyoming Administrative Procedure Act, pursuant to a stipulation Of the parties. On December 5, 1974, the School Board ordered that Budd be assigned to the Carey position.
On January 3, 1975, Diefenderfer filed a notice of appeal and petition for review, pursuant to § 9-276.32(a), W.S.1957, 1975 Cum.Supp., to the First Judicial District Court. Although not named a party, the Board of Trustees filed a motion to dismiss the petition for lack of jurisdiction over the subject matter, arguing that the Wyoming Administrative Procedure Act was not applicable to decisions pertaining to transfers of school personnel. After joining the Board members in their official capacities as defendants in the action, the district court denied the Board’s motion to dismiss. On December 5, 1975, the district court affirmed the Board’s decision to assign Budd to the Carey position.
We will affirm the decision of the district court.
Appellant asserts five bases for the reversal of the district court’s judgment, as follows:
“I. The procedure for
voluntary transfers
of teachers in School District No. 1 is governed by Section 7 of Article V of the Agreement between the Association and the Board.
“II. The Board does not have the authority to determine contractual rights particularly where the contract involved is one in which the Board is a party.
“HI. The Board acted without or in excess of it’s powers in conducting the grievance hearing in the herein matter because the Board did not have jurisdiction over either parties [sic] or the subject matter herein.
“IV. The Board should not have been permitted to intervene in the herein action at the District Court level since it was the deciding agency in the original proceeding and it failed to follow the procedures of the Wyoming Rules of Civil Procedure for intervention.
“V. The Board’s order of December 5, 1974, should be reversed because it is not in conformity with law requiring action by the Board to be by a majority of the elected members of the Board.”
Appellant’s contentions can be reduced to the following three issues: (1) Does the Board have the power to overrule decisions of the Superintendent of Schools with respect to the transfer of teachers? (2) Does the matter of teacher transfers fall within the provisions of the Wyoming Administrative Procedure Act? (3) Did the district court err in joining the Board as a party? We find that the answer to the second issue provides the foundation for disposition of this appeal.
Appellant argues that the subject matter of this appeal was a “contested case,” as defined in § 9-276.19(b)(2), W.S.1957, 1975 Cum.Supp.:
“. . . a proceeding ... in which legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing.”
Conversely, appellant asserts the subject matter was
not
a “grievance,” as defined in the Agreement:
“A ‘grievance’ is an assertion by an aggrieved party that there has been violation, misinterpretation or inequitable application of this agreement or of any provision of Board policy, regulation or procedure
except the term ‘grievance’ shall not apply to any matter defined as a contested case under the Wyoming Administrative Procedures
[sic]
Act.”
[Emphasis supplied]
As a result of appellant’s characterization of this matter as a “contested matter,” he contends that the Agreement’s grievance procedure should not have been used to dispose of this transfer dispute. The extension of appellant’s argument is that the Board had no jurisdiction to consider appel-lee’s grievance, and that the Superintendent’s decision to grant the position to appellant was binding.
On the other hand, the appellee-Board argues that the subject matter of this appeal was a “grievance,” not a “contested case” (as defined by § 9-276.19(b)(2), supra), and, therefore, the Board appropriately considered the matter but that its decision was not thereafter subject to judicial review. The Board’s position, which would deny judicial review, arises from the language of § 9-276.32(a), supra, which provides in pertinent part that,
“[s]ubject to the requirement that administrative remedies be exhausted and in the absence of any statutory or common-law provision precluding or limiting judicial review, any person aggrieved or adversely affected in fact
by a final decision of an agency in a contested case, or by other agency action or inaction, .
is entitled to judicial review in the district court . . . ,”
[Emphasis supplied]
The Board asserts that if the matter is not a “contested case,” then its decision could not be appealed to the district court under the provisions of § 9-276.32(a), supra.
This court has previously had opportunity to construe the meaning of a “contested case.”
Scarlett v. Town Council, Town of Jackson, Teton County,
Wyo., 463 P.2d 26, 29 (1969);
Thornley v. Wyoming Highway Dept., Motor Vehicle Division,
Wyo., 478 P.2d 600, 603 (1971);
Lund v. Schrader,
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ROSE, Justice.
On March 18, 1974, Appellant Diefender-fer applied for a transfer to Carey Junior High School as a physical education instructor. On March 25, 1974, Appellee Budd applied for a transfer to Carey Junior High School or to any full-time physical education position in the school district. At the time of their applications, both were employed as elementary school physical education teachers by Laramie County School District No. 1. Diefenderfer’s request was approved by the principal of Carey Junior High and the Director of Personnel of the School District and he was assigned to Carey. Budd’s request was also approved, but he was assigned to a “cluster” position, there being no other similar position available at this time.
After being advised why Diefenderfer had been selected for the Carey position, Budd filed a grievance under Article IV of the “Agreement Between the Board of Trustees of Laramie County School District Number One and the Cheyenne Teachers Education Association,” hereinafter referred to as the “Agreement,”
alleging a
violation of the Agreement’s transfer provisions.
As a result of the grievance, Budd was assigned to the Carey position, whereupon Diefenderfer filed a grievance at the
“Level II” stage. During this phase, the Superintendent of Schools determined that the position should be awarded to Diefen-derfer, whereupon Budd filed a grievance at the “Level III” stage. A formal hearing was held before the Board of Trustees, under the terms of the Agreement and the Wyoming Administrative Procedure Act, pursuant to a stipulation Of the parties. On December 5, 1974, the School Board ordered that Budd be assigned to the Carey position.
On January 3, 1975, Diefenderfer filed a notice of appeal and petition for review, pursuant to § 9-276.32(a), W.S.1957, 1975 Cum.Supp., to the First Judicial District Court. Although not named a party, the Board of Trustees filed a motion to dismiss the petition for lack of jurisdiction over the subject matter, arguing that the Wyoming Administrative Procedure Act was not applicable to decisions pertaining to transfers of school personnel. After joining the Board members in their official capacities as defendants in the action, the district court denied the Board’s motion to dismiss. On December 5, 1975, the district court affirmed the Board’s decision to assign Budd to the Carey position.
We will affirm the decision of the district court.
Appellant asserts five bases for the reversal of the district court’s judgment, as follows:
“I. The procedure for
voluntary transfers
of teachers in School District No. 1 is governed by Section 7 of Article V of the Agreement between the Association and the Board.
“II. The Board does not have the authority to determine contractual rights particularly where the contract involved is one in which the Board is a party.
“HI. The Board acted without or in excess of it’s powers in conducting the grievance hearing in the herein matter because the Board did not have jurisdiction over either parties [sic] or the subject matter herein.
“IV. The Board should not have been permitted to intervene in the herein action at the District Court level since it was the deciding agency in the original proceeding and it failed to follow the procedures of the Wyoming Rules of Civil Procedure for intervention.
“V. The Board’s order of December 5, 1974, should be reversed because it is not in conformity with law requiring action by the Board to be by a majority of the elected members of the Board.”
Appellant’s contentions can be reduced to the following three issues: (1) Does the Board have the power to overrule decisions of the Superintendent of Schools with respect to the transfer of teachers? (2) Does the matter of teacher transfers fall within the provisions of the Wyoming Administrative Procedure Act? (3) Did the district court err in joining the Board as a party? We find that the answer to the second issue provides the foundation for disposition of this appeal.
Appellant argues that the subject matter of this appeal was a “contested case,” as defined in § 9-276.19(b)(2), W.S.1957, 1975 Cum.Supp.:
“. . . a proceeding ... in which legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing.”
Conversely, appellant asserts the subject matter was
not
a “grievance,” as defined in the Agreement:
“A ‘grievance’ is an assertion by an aggrieved party that there has been violation, misinterpretation or inequitable application of this agreement or of any provision of Board policy, regulation or procedure
except the term ‘grievance’ shall not apply to any matter defined as a contested case under the Wyoming Administrative Procedures
[sic]
Act.”
[Emphasis supplied]
As a result of appellant’s characterization of this matter as a “contested matter,” he contends that the Agreement’s grievance procedure should not have been used to dispose of this transfer dispute. The extension of appellant’s argument is that the Board had no jurisdiction to consider appel-lee’s grievance, and that the Superintendent’s decision to grant the position to appellant was binding.
On the other hand, the appellee-Board argues that the subject matter of this appeal was a “grievance,” not a “contested case” (as defined by § 9-276.19(b)(2), supra), and, therefore, the Board appropriately considered the matter but that its decision was not thereafter subject to judicial review. The Board’s position, which would deny judicial review, arises from the language of § 9-276.32(a), supra, which provides in pertinent part that,
“[s]ubject to the requirement that administrative remedies be exhausted and in the absence of any statutory or common-law provision precluding or limiting judicial review, any person aggrieved or adversely affected in fact
by a final decision of an agency in a contested case, or by other agency action or inaction, .
is entitled to judicial review in the district court . . . ,”
[Emphasis supplied]
The Board asserts that if the matter is not a “contested case,” then its decision could not be appealed to the district court under the provisions of § 9-276.32(a), supra.
This court has previously had opportunity to construe the meaning of a “contested case.”
Scarlett v. Town Council, Town of Jackson, Teton County,
Wyo., 463 P.2d 26, 29 (1969);
Thornley v. Wyoming Highway Dept., Motor Vehicle Division,
Wyo., 478 P.2d 600, 603 (1971);
Lund v. Schrader,
Wyo., 492 P.2d 202, 209-210 (1971); and
Firemen’s Pension Fund v. Hoy,
Wyo., 516 P.2d 365, 366-367 (1973). Each of these cases dealt with the question of whether or not there was a “contested case,” requiring notice and hearing at the agency level. To be a “contested case” there must exist legal rights which, under the law, are to be determined after an opportunity for a trial-type hearing.
Scarlett v. Town Council,
supra.
We can find no statute which provides that a teacher is entitled to a hearing on a decision to deny his application for a voluntary transfer. Nor do we find any authority for appellant’s assertion that such a transfer is a “legal right.” As a result, the subject matter of this appeal was not a “contested case” requiring notice and hearing by virtue of the Wyoming Administrative Procedure Act. It was a “grievance” as defined in the Agreement between the Board and the teachers' association, since it dealt with the “violation, misinterpretation or inequitable application of [the] agreement or of any provision of Board policy,” to-wit: the application of provisions dealing with voluntary transfers. Clearly, then, by the terms of the Agreement itself, Appellee Budd had the right to present his complaint to the Board, and the Board had the right to hear it.
Our inquiry, however, is not complete since the characterization of a matter
as a “grievance,” rather than a “contested case,” does not necessarily preclude entitlement to judicial review in a district court. We held, in
Thornley v. Wyoming Highway Department,
supra, that
“Section 9 — 276.32(a), W.S.1957,1969 Cum. Supp., a part of our administrative procedure act, makes it clear that any person aggrieved by the final decision of an agency in a contested case
‘or by other agency action’
shall be entitled to judicial review in a district court. . . . ”
Ibid., 603. [Emphasis supplied]
Even though there was a statute which otherwise guaranteed the right of judicial review therein
, the “other agency action” language of § 9-276.32(a), supra, alone authorized judicial review. To the same effect is
Johnson v. Schrader,
Wyo., 502 P.2d 371, 375-376 (1972), reh. den. 507 P.2d 814. We have before us a similar situation. Appellant felt himself aggrieved by the Board’s final decision of December 5, 1974. Therefore, whether this was a contested case or not, he was entitled to judicial review in the district court.
Having determined that jurisdiction was present at all levels in this appeal, we turn to the question of the Board’s power with respect to voluntary transfers. Article V, Section 7, of the Agreement in question provides:
“. . . The ultimate decision [with respect to voluntary transfers]
may
rest with the Superintendent or his designee.” [Emphasis supplied]
On the other hand, Article IV, Section 4(c), of the Agreement provides that an appeal from the Superintendent’s decision on a grievance may be taken before the Board of Trustees. Clearly, then, the framers must have intended that the word “may” in the transfer provisions be taken in its usual, permissive sense.
Mayor v. Board of Land Commissioners,
64 Wyo., 409, 192 P.2d 403-411 (1948), reh. den. 64 Wyo. 409, 195 P.2d 752; and
Hamilton Pipe Line Co.
v.
Stanolind Pipe Line Co.,
65 Wyo. 350, 202 P.2d 184, 188 (1949). Furthermore, if we adopted appellant’s contention that the Board had delegated away its authority over teacher transfers, we would then be forced to declare that portion of the Agreement invalid. The Board is charged by law to be the governing body of a school district. § 21.1-21, W.S.1957, 1975 Cum.Supp. As such, it must “prescribe and enforce rules, regulations, and policies for its own government and for the government of the schools under its jurisdiction.” § 21.1-26(a), W.S. 1957, 1975 Cum.Supp. In addition, the Board employs the superintendent and determines his salary. § 21.1-27(f), W.S.1957, 1975 Cum.Supp. Any agreement which controls or restricts the free exercise of discretion so vested would be illegal. 63 Am.Jur.2d, Public Officers and Employees, § 309, at 814.
Appellant further asserts that the Board’s decision was not in conformity with law since it does not reflect the vote of the individual members of the Board. Although § 21.1 — 21, supra, requires that for an action to be valid it shall receive approval by a majority of the Board members, there is no requirement that this vote be reflected. Appellant cites no authority for his proposition nor does he make a cogent argument, thus the contention merits no further consideration.
Joly v. Safeway Stores, Inc.,
Wyo., 502 P.2d 362 (1972); and
Clouser v. Spaniol Ford, Inc.,
Wyo., 522 P.2d 1360 (1974).
Finally, appellant argues that the district court erred in permitting the intervention of the Board as a party. Having determined that this appeal was properly pursued under the Wyoming Administrative Procedure Act, it follows that the agency whose decision is being reviewed is a proper party to the appeal. Rule 19(a), W.R.C.P.; § 9 — 276.19(b)(5), W.S.1957, 1975 Cum.Supp.; and Rule 72.1(b), W.R.C.P.
Affirmed.