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

256 N.W.2d 348, 96 L.R.R.M. (BNA) 2471, 1977 N.D. LEXIS 149
CourtNorth Dakota Supreme Court
DecidedJuly 27, 1977
DocketCiv. 9324
StatusPublished
Cited by9 cases

This text of 256 N.W.2d 348 (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, 256 N.W.2d 348, 96 L.R.R.M. (BNA) 2471, 1977 N.D. LEXIS 149 (N.D. 1977).

Opinions

PAULSON, Justice.

This is an appeal from the judgment of the district court of LaMoure County, dated November 3, 1976, denying injunctive relief sought by the Edgeley Education Association [hereinafter the EEA].

The instant case parallels the factual basis of our recent decision in Dickinson Education Association v. Dickinson Public School District No. 1, 252 N.W.2d 205 (N.D.1977). The case at bar arose when the EEA sought to enjoin Edgeley Public School District No. 3, a public corporation [hereinafter the School District], from issuing or accept[350]*350ing any teacher contracts with teachers of the school system represented by the EEA as the bargaining unit for its 1976-1977 school term. The EEA contends that such action would constitute an act of bad faith contrary to the provisions of Chapter 15-38.1 of the North Dakota Century Code.

As in Dickinson, supra, the parties in the instant case had conducted extended negotiations prior to reaching an impasse — meeting six times between February 5 and April 1, 1976. During such meetings, at least fifteen proposals by the EEA and twelve proposals by the School Board were discussed, but the conflicting proposals on increases in base salaries and increments became the central issue during the negotiating sessions. During the course of such negotiations, the EEA had reduced its proposals for a base salary increase from $2,184.00, together with an increase in increments in addition thereto, to $2,000.00, then to $1,800.00, then to $1,750.00, then to $1,700.00, then to $1,675.00, and finally to $1,650.00, on April 1, 1976. The School Board offered corresponding increases from its original base salary proposals, commencing with $100.00, then to $150.00, then to $200.00, then to $225.00, and finally to $250.00, on April 1, 1976.

On April 5, 1976, the School Board declared an impasse and submitted the matter to North Dakota’s Education Factfinding Commission, pursuant to the provisions of § 15-38.1-13, N.D.C.C.

On the date the School Board declared an impasse, the difference between the School Board’s and the EEA’s proposed base salary increases was $1,400.00, which, if granted to the School District’s 25 teachers, would have resulted in an additional $35,000.00 expense to the School District.

The Education Factfinding Commission held a hearing at which both parties were present on May 3, 1976, in Edgeley. On May 10, 1976, the Commission issued its written report making recommendations for settlement of the issues upon which the impasse existed. The Commission made eight recommendations for the resolution of the impasse, among which was included a recommendation that the base salary be increased by $300.00, raising the base salary to $8,100.00 for the 1976-1977 school year if the School Board would participate in a health and hospital insurance program and pay the cost of a single membership for each teacher desiring to participate in such insurance program; or that the base salary be increased by $550.00 to $8,350.00 for the 1976-1977 school year if the School Board chose not to establish such an insurance program.

The School Board considered the Fact-finding Commission’s report at a meeting held on May 11, 1976, and again at a meeting held on May 18, 1976. At the May 18 meeting the School Board rejected the Commission’s recommendations.

On May 19, 1976, the EEA voted to accept the Factfinding Commission’s recommendations.

On June 3,1976, the Factfinding Commission’s report was published in the Edgeley Mail, a newspaper published in the City of Edgeley.

Between April 1 and July 7, 1976, no contract negotiating sessions were held between the parties.

On or about June 15, 1976, the School Board caused individual teaching contracts to be sent to all teachers being negotiated with — some of which contracts were returned to the School Board prior to the issuance of a temporary restraining order by District Judge Robert L. Eckert, whose order was served upon representatives of the School Board on June 24, 1976.

On July 7, 1976, after the preliminary hearing held before District Judge Eckert, the temporary restraining order issued on June 23, 1976, was continued, enjoining the School Board from requiring the contracts issued to the teachers to be returned by June 24,1976, and from giving effect to any contracts received by the School Board and from replacing any teachers or filling any teaching positions. As in Dickinson, supra, the district judge in the instant case further ordered the parties to conduct one more negotiating session to be held within seven [351]*351days, and further ordered that if no agreement were reached the temporary restraining order would be dissolved upon the passage of three additional days.

The negotiating session ordered by the district court was held on July 14,1976, and immediately thereafter, the dispute not having been resolved, the EEA appealed to this Court, which granted a temporary restraining order dated July 16, 1976, from which order the School Board appealed. This Court heard the appeal on August 5, 1976, on which date this Court issued an injunctional order prohibiting the School Board from issuing or receiving teaching contracts pending the trial of the main action, and again urging the parties to resolve their differences by holding additional negotiations. Pursuant to such order, two additional meetings were held, one on August 11, 1976, and another on August 17, 1976, but no further progress was made.

The trial of the matter on the merits was held on September 9, 1976. The district court found as its Finding of Fact No. 13:

“That on the basis of these findings the Court determines that there was no failure to negotiate in good faith on the part of the Defendant [the School Board].”

Paragraphs 1, 2, 3, and 4 of the district court’s Conclusions of Law state:

“1. That the issuance of contracts by the Defendant directly to the individual teachers instead of through the Plaintiff association and the intent to influence the Plaintiff to not use the orderly processes of the law as a means of protecting the rights of the Plaintiff were improper acts on the part of the Defendant, but are attributed in this case to the lack of expertise on the part of the Defendant in negotiating contracts with teachers and is not to be considered an act of bad faith for the purpose of this case.
“2. That the Court does not have the authority under the statutes of the State of North Dakota to impose its judgment on either the Plaintiff or the Defendant as to what are fair terms and conditions of employment. These are issues that can be resolved only by the voluntary agreement of the parties.
“3. That in view of the lengthy negotiations prior to the institution of the lawsuit, and which continued during the course of the litigation and even during the course of trial, it appears to the Court that no benefit would be achieved to either party by ordering a continuance of negotiations.
“4. That there is nothing in the statutes of the State of North Dakota that requires the parties to continue negotiating or provides for a means of resolving the dispute between the parties except by a voluntary agreement entered into by both parties.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Corey Benson
Court of Appeals of Wisconsin, 2019
Dickinson Education Association v. Dickinson Public School District
2014 ND 157 (North Dakota Supreme Court, 2014)
Kenmare Education Ass'n v. Kenmare Public School District No. 28
2006 ND 136 (North Dakota Supreme Court, 2006)
Dickinson Education Ass'n v. Dickinson Public School District
499 N.W.2d 120 (North Dakota Supreme Court, 1993)
Belfield Education Ass'n v. Belfield Public School District No. 13
496 N.W.2d 12 (North Dakota Supreme Court, 1993)
Bottineau Public School District 1 v. Currie
259 N.W.2d 650 (North Dakota Supreme Court, 1977)
Edgeley Education Ass'n v. Edgeley Public School District 3
256 N.W.2d 348 (North Dakota Supreme Court, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
256 N.W.2d 348, 96 L.R.R.M. (BNA) 2471, 1977 N.D. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edgeley-education-assn-v-edgeley-public-school-district-3-nd-1977.