Ducote v. City of Alexandria

670 So. 2d 1378, 1996 WL 95142
CourtLouisiana Court of Appeal
DecidedMarch 6, 1996
Docket95-1197
StatusPublished
Cited by19 cases

This text of 670 So. 2d 1378 (Ducote v. City of Alexandria) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ducote v. City of Alexandria, 670 So. 2d 1378, 1996 WL 95142 (La. Ct. App. 1996).

Opinion

670 So.2d 1378 (1996)

Kenneth DUCOTE, et al., Plaintiffs-Appellees,
v.
CITY OF ALEXANDRIA, Louisiana, Defendant-Appellant.

No. 95-1197.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1996.
Rehearing Denied April 24, 1996.

*1381 Honorable Donald Johnson, District Judge, presiding.

Daniel Elmo Broussard, Jr., Alexandria, for Kenneth Ducote et al.

Charles Freeman Nunnally, III, Alexandria, for City of Alexandria Louisiana.

Before PETERS, AMY and SULLIVAN, JJ.

AMY, Judge.

This appeal arises from a class action in which the City of Alexandria was held liable under a contract it entered into with the Local No. 1848 of the American Federation of State, County and Municipal Employees, AFL-CIO. The trial court held that the City was liable for anniversary-based increases in pay, as provided for in the contract, to all members of the class from July 1, 1988 to July 31, 1990. For the reasons which follow, we affirm.

DISCUSSION OF THE RECORD

On November 13, 1987, the City of Alexandria (hereafter "City") entered into a Working Agreement (hereafter "Agreement") with Local No. 1848 of the American Federation of State, County and Municipal Employees, AFL-CIO (hereafter "Union"). Article IX, Section 1, of the Agreement provides as follows:

Employees who have been continuously employed without break in service of one (1) or more working days, for a period of six (6) months, shall be granted a one-step increase in pay. At the end of each twelve (12) month period thereafter, employees shall be granted one (1) additional step increase unless they are notified in writing the reason the increase was not effected. However, when funds are unavailable, a blanket notice to all shall suffice. Provided that no step increase shall exceed the maximum for the job classification under Civil Service pay plan.

Article XIII of the Agreement provides as follows:

Section 1: This Agreement represents the entire Agreement between the parties hereto, and no modification or amendment thereof shall be binding unless agreed to in writing.
Section 2: It is understood and agreed that if any part of this Agreement is in conflict with Federal or State Laws, such part shall be suspended and the appropriate statutory provision shall prevail and the remainder of this Agreement shall not be effected thereby.
Section 3: Nothing in this Agreement shall be construed in such a way as to violate applicable Civil Service laws.

Article XIV provides, in pertinent part, that "[T]his Agreement shall be effective on the 1st day of November, 1987, and shall remain in full force until the 30th day of July, 1990."

The Agreement was signed on November 13, 1987 by the Mayor of the City, Edward G. Randolph, Jr., and the following representatives of the Union: Caroll M. Baillio, president; Kenneth Ducote, vice-president; Ina LaBorde, Union Representative; and Darren K. Sigur, member.

The pay plan, in effect at the time the Agreement was entered into, classified the various city employees. Within each classification was a provision for minimum pay and maximum pay. Between the minimum and maximum limits were thirteen (13) steps. Each step within the minimum and maximum range for each classification constituted a five (5%) percent difference in pay.

The record establishes that from 1987 to 1990, city employees did receive increases in pay, but none were attributed to the anniversary-based step increases provided for in the Agreement. One increase was given to all city employees pursuant to an across-the-board pay increase in June of 1988. Another increase resulted from the adoption of a new pay plan, the Waters-Trego plan, in December of 1988 in which city employees were reclassified. According to the testimony of Ms. Joan Montou, assistant director of personnel for the City, all city employees, with the exception of one or two, received an increase in pay as a result of the reclassification of City employees under the new pay plan.

The Waters-Trego plan provides each job classification with a minimum pay, a midpoint, *1382 and a maximum pay, without "steps" between the minimum and maximum pay. It also provides for merit-based increases in pay to be given according to guidelines to be later established by the city administration. However, according to the testimony of Mr. Richard Moriarity, personnel director and civil service director of the City when the Waters-Trego plan was adopted, the city never formulated any guidelines. The Waters-Trego Plan was adopted by the city council and took effect in December of 1988.

Mr. Kenneth Ducote, the plaintiff who initiated this action, had an anniversary date of July 15 under the Agreement. He received an increase in pay in June of 1988 as part of the across-the-board raise for all city employees, but he did not receive an anniversary-based step increase in July of 1988. On September 9, 1988, Mr. Ducote filed a grievance pursuant to the procedure outlined in the Agreement. His grievance eventually went to the Mayor's office, but no action was taken. Mr. Ducote never received anniversary-based increases under the Agreement.

On November 8, 1989, Mr. Ducote filed suit against the City on behalf of himself and all others employed by the city and covered by the Agreement. On February 27, 1991, an amended petition was filed adding Wilson Sarpy, Jr., Roosevelt Lee and Roger Pryor as named plaintiffs. A trial on the merits was held on July 14, 1993.

At trial, plaintiff made an oral motion requesting the court to certify the action as a class action. The court granted the motion certifying the class and limiting the class to city employees who were members of the Union from July 1, 1988 to July 31, 1990. The court also ordered plaintiff to notify all potential class members of the action and to give them the opportunity to opt out of the class. Plaintiff complied with the order subsequent to the trial on the merits, but prior to judgment being rendered. After the trial on the merits, the court rendered judgment in favor of plaintiffs on liability, but awarded no damages. The court left it up to the parties to work out an agreement as to how much was going to be paid to each plaintiff. The court further provided that in the event the parties could not agree, either party could request a trial on damages pursuant to La.Code Civ.P. art. 1878.

Defendant timely perfected this appeal asserting that the trial court erred in: (1) certifying the action as a class action; (2) granting step increases to plaintiffs from December 1988 to July 1990; and (3) not granting the City any set-off for pay increases given from the period of July 1, 1988 through July 30, 1990.

ANALYSIS

FINAL JUDGMENT

Although a motion to dismiss the appeal has not been filed, we deem it necessary because of the unusual posture of this case, to consider whether the trial court's judgment on liability alone is a final appealable judgment. If it is not a final appealable judgment, the appeal should be dismissed ex proprio motu as there is no right to an appeal. La.Code Civ.P. arts. 2083 and 2162; Marcotte v. Exper Tech Co. USA, 452 So.2d 436 (La.App. 3 Cir.1984). For the following reasons, we conclude that it is a final appealable judgment under La.Code Civ.P. art. 1915.

La.Code Civ.P. art. 2083 provides that an appeal may be taken from a final judgment.

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Bluebook (online)
670 So. 2d 1378, 1996 WL 95142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ducote-v-city-of-alexandria-lactapp-1996.