Edgeley Education Ass'n v. Edgeley Public School District 3

231 N.W.2d 826, 90 L.R.R.M. (BNA) 2437, 1975 N.D. LEXIS 113
CourtNorth Dakota Supreme Court
DecidedJuly 11, 1975
DocketCiv. 9124
StatusPublished
Cited by23 cases

This text of 231 N.W.2d 826 (Edgeley Education Ass'n v. Edgeley Public School District 3) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edgeley Education Ass'n v. Edgeley Public School District 3, 231 N.W.2d 826, 90 L.R.R.M. (BNA) 2437, 1975 N.D. LEXIS 113 (N.D. 1975).

Opinions

SAND, Judge.

The plaintiff, Edgeley Education Association, appealed from the trial court’s order dated June 3, 1975, dissolving a restraining order and refusing to grant a temporary injunction. Subsequently, a temporary restraining order and injunction was issued by this court pending the outcome of this appeal on June 17, 1975.

Plaintiff’s complaint, dated May 29, 1975, alleged that Edgeley Public School District # 3, defendant and appellee herein, while negotiations were in process with plaintiff under Chapter 15-38.1, North Dakota Century Code, tendered contracts to the teachers which had a chilling effect on the negotiations and constituted bad faith in its negotiations. The complaint concluded by asking for an injunction prohibiting the defendant from accepting or putting into effect any contracts tendered, and requested that defendant be enjoined from hiring any person to replace any teacher represented by the negotiating unit.

The plaintiff made application to the district court for a restraining order and temporary injunction, whereupon the court issued its order to show cause. The affidavit in support of the application is as follows:

“MEREDITH THURLOW, being first duly sworn, deposes and says that he is the President of the Edgeley Education Association; that the Edgeley Education Association is the representative organization for the classroom teachers of the Edgeley Public School District No. 3, which has been designated as an appropriate negotiating unit; that the Edgeley Education Association and the Edgeley school district are presently engaged in negotiations pursuant to Chapter 15-38.1 of the North Dakota Century Code; that on or about the-day of May, 1975, the school board made demand upon the teachers represented by the Plaintiff association that they must return binding letters of intent by May 31, 1975; that such a requirement would have a chilling effect upon negotiations in that the school district would be under no compulsion to reach a settlement; that unless a temporary injunction is issued the binding letters of intent will have to be returned by the 31st day of May, 1975, and this Plaintiff will no longer be able to play an effective role in negotiations.”

A similar affidavit by Glen Engle was also filed stating substantially the same information.

The trial court, on the basis of the application and supporting affidavits, issued an order directing the defendant school board to show cause on the 3rd day of June, 1975, why a temporary injunction should not be granted. The court also temporarily restrained the defendant school board from performing any acts stated in the order to show cause until the date of hearing.

Defendant, by affidavit, made a return to the order to show cause resisting the application for an injunction, as follows:

“Comes now Sam Hird, President of the Edgeley Public School District No. 3, a public corporation, and makes this Affidavit and Return to Order to Show Cause on its’ behalf.
“Your affiant specifically resists paragraph ' # 1 of Plaintiff’s Order
“Your affiant resists paragraph # 2 of Plaintiff’s Order * wherein it is asked that the Defendant be enjoined from hiring teachers to fill the positions presently vacant in the Edgeley Public School District. That the Defendant having complied with all laws and statutes of the State of North Dakota relating to teacher contracts and the Plaintiff having failed to comply with the same, said Defendant has no alternative but to fill said vacant teacher’s positions as soon as possible in order to be in a position to provide education and schooling to it’s patrons when school commences again in the month of August, 1975. That your Defendant by and through the school board members is pursuant to Section 15-29-08 NDCC charged with the responsibility of providing an education system for the children of the Edgeley Public School District within the means and resources available to them. That in this regard your school board members have exercised their administrative powers within the confines of the laws of the State of North Dakota to the best of their ability.
“Your affiant in response to paragraph # 3 of Plaintiff’s Order * states that it has in the past negotiated with the Plaintiff in good faith towards the settlement of teaching contracts for the forthcoming year.

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Cite This Page — Counsel Stack

Bluebook (online)
231 N.W.2d 826, 90 L.R.R.M. (BNA) 2437, 1975 N.D. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edgeley-education-assn-v-edgeley-public-school-district-3-nd-1975.