Fayette County Education Ass'n v. Hardy

626 S.W.2d 217
CourtCourt of Appeals of Kentucky
DecidedNovember 14, 1980
StatusPublished
Cited by7 cases

This text of 626 S.W.2d 217 (Fayette County Education Ass'n v. Hardy) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fayette County Education Ass'n v. Hardy, 626 S.W.2d 217 (Ky. Ct. App. 1980).

Opinions

HOGGE, Judge.

In this proceeding, the Fayette County Education Association (F. C. E. A.) appeals from a judgment of Fayette Circuit Court voiding a collective bargaining agreement reached between F. C. E. A. and the Board of Education of Fayette County. Appellant F. C. E. A. raises numerous arguments, among them that the Board did not negotiate with F. C. E. A. as the exclusive bargaining representative of all the teachers, and that this proceeding should have been barred on grounds of res judicata or estop-pel.

There has also been a cross-appeal by the appellees, who include teachers, teacher organizations, taxpayers, and parents. They appeal from certain sections of the opinion including the determination that the Board could properly enter into collective bargaining negotiations with a representative of an employee group, and permit payroll deduction for organization dues. They also contend the court erred in holding there has been no violation of the open meetings law in negotiations for the agreement.

Prior to the incidents which initiated this litigation, the Board of Education of Fa-yette County decided to bargain collectively with Fayette County teachers if a poll of the teachers indicated that they wanted collective bargaining. The poll also invited teachers to indicate by whom they wished to be represented in collective bargaining. F. C. E. A. was the only teacher organization who, at the time of the poll, expressed interest in offering to represent the teachers of Fayette County in collective bargaining by appearing on the ballot. Results of the poll showed that the majority of teachers favored collective bargaining and that a majority desired F. C. E. A. as their bargaining agent.

The negotiation proceedings which followed are aptly described in the opinion of the Fayette Circuit Court:

The collective bargaining process was a long one which began in February, 1977 with the adoption by the Board of the resolution providing for the poll and ending in the latter part of October when the Board ratified the contract and adopted pertinent parts of it as Board policy applicable to all teachers. There were some twenty-one negotiating sessions between [219]*219the Board and FCEA. These sessions lasted three to four hours.

The plaintiff, Professional Educators of Fayette County (hereinafter “PEFCO”), is an organization whose membership is composed of approximately two hundred Fayette County school teachers. This group had consistently opposed the adoption, by the Board, of any form of collective bargaining for teachers. During the period of negotiation PEFCO requested that the Board enter into a “meet and confer” arrangement with its membership. One of the conditions was that any contract entered into between the Board and FCEA be submitted to the PEFCO membership so that each of them might individually ratify same.

In late September 1970, the Board received a request from the plaintiff, Independent Educators Association of Fayette County (hereinafter “IEA”), that the Board negotiate with it. They proposed bargaining guidelines that were almost identical to those bargaining guidelines adopted between the Board and the FCEA. On October 6, 1977, the request of IEA was denied by the Board.

The plaintiff, Julia Hardy, is a taxpayer, the parent of a school child and a member of an organization called POS (Preserve Our Schools). Mrs. Hardy attended various public meetings of the Board and participated in the discussions. Her complaint is that she was not permitted to participate in negotiations.

At a meeting of the Board held on June 23, 1977, collective bargaining guidelines were adopted. These guidelines provided that:

Bargaining will be conducted only by members of the Fayette County Board of Education, or counsel which it may choose, and teacher members of the Fayette County Education Association, or counsel which it may choose.
Negotiating sessions shall be open to public witness as fully as possible. If ratified by the Board and the Fayette County Education Association, the contract shall be adopted as policy for all teachers in the Fayette County Public Schools.
These guidelines were formally approved on July 19, 1977, having been initialed by Martha Moore, negotiator on behalf of the FCEA, and Dr. Broadus, on behalf of the Board of Education.
The guidelines further provided that after agreement by the Board and FCEA, as to the general areas that the contract would cover, the Board would schedule a special meeting for public discussion and for the receipt of proposals from other employees and the public; that after an initial negotiating meeting with FCEA, the FCEA would deliver to the Board its entire contract proposals and after receiving these proposals, the Board would then hold a meeting with other teacher organizations, individual teachers and the general public “to hear comments, suggestions and input from such other teacher organizations, individual teachers and the public so as to negotiate with these groups and individuals .... ”
At a meeting of the Board held on October 24, 1977, the tentative contract was ratified by the Board and this contract was adopted as Board policy applicable to all teachers.

The first issue which we will take up is whether this proceeding should have been barred on grounds of res judicata in view of the decision of the Fayette Circuit Court in Chittenden v. Board of Education of Fayette County. Chittenden is described as a judgment ruling that teachers have the right to bargain collectively and that the Board of Education may, if it chooses, recognize teacher representatives, but cannot recognize any group as an exclusive bargaining representative.

In order for this Court to determine whether the principles of res judicata or collateral estoppel are applicable, it is necessary to be cognizant of the parties and the issues involved in Chittenden. Newman v. Newman, Ky., 451 S.W.2d 417 (1970); Moore v. Gas and Electric Shop, 216 Ky. 530, 287 S.W. 979, 980 (1926); Ward v. Southern Bell Tel. & Tel. Co., Ky., 436 [220]*220S.W.2d 794 (1968). The complaint and judgment, but not the complete record, in the Chittenden case is included in the record before us. Thus we do not have the means to determine the issue of whether the circuit court allowed that action to be pursued as a class action involving the same parties as in this case. Under such circumstances, the question presented is not available for review. Scott v. McLean County Board of Education, Ky., 357 S.W.2d 312 (1962); Brown v. Smiley, Ky., 428 S.W.2d 217 (1968).

We now turn to the law on collective bargaining by employees in public education. While public employees do not have the right to strike, Jefferson County Teachers Ass’n v. Board of Education of Jefferson County, Ky., 463 S.W.2d 627 (1970) cert. den. 404 U.S. 865, 92 S.Ct.

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Fayette County Education Ass'n v. Hardy
626 S.W.2d 217 (Court of Appeals of Kentucky, 1980)

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Bluebook (online)
626 S.W.2d 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fayette-county-education-assn-v-hardy-kyctapp-1980.