Fort Dodge Community School District v. Public Employment Relations Board

319 N.W.2d 181, 113 L.R.R.M. (BNA) 2708, 1982 Iowa Sup. LEXIS 1371
CourtSupreme Court of Iowa
DecidedMay 19, 1982
DocketNo. 65796
StatusPublished
Cited by13 cases

This text of 319 N.W.2d 181 (Fort Dodge Community School District v. Public Employment Relations Board) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fort Dodge Community School District v. Public Employment Relations Board, 319 N.W.2d 181, 113 L.R.R.M. (BNA) 2708, 1982 Iowa Sup. LEXIS 1371 (iowa 1982).

Opinions

LARSON, Justice.

Faced with the problem of declining enrollment, the Fort Dodge Community School District adopted a plan providing cash incentives for early retirement for teachers sixty years of age or older. Adoption of the plan evoked a prohibited practice complaint before the Public Employment Relations Board under chapter 20, [182]*182The Code 1979, by the Fort Dodge Education Association, asserting that the plan was a mandatory subject of bargaining under section 20.9 and that the district had violated the act by unilaterally adopting it. The hearing officer, and a majority of the Public Employment Relations Board, agreed and ordered the district to negotiate the plan with the association. The district sought judicial review of the board's decision, § 17A.19, and the district court reversed. On appeal to this court by the board and the association,1 we affirm.

The case was presented upon the following stipulated facts. The association is an “employee organization" as defined in section 20.3(4), and is certified to represent the professional, non-supervisory employees within the district; the district is a “public employer,” as defined in section 20.3(1). In 1979, while the association and the district were parties to a collective bargaining agreement, the district unilaterally adopted a policy “to encourage early retirement on the part of bargaining unit members . . . which provide[d] for the payment of cash bonuses to teachers accepting early retirement,” and refused to negotiate with the association on the matter.

The plan provided in part:

A teacher [with at least ten years experience in Fort Dodge] who accepts early retirement will receive the following cash benefits on July 1, 1979:
A. Age 60: $2,000.00 plus 100% of the difference between $10,000 and the employee’s position on the 1978-1979 salary schedule.
B. Age 61: $2,000.00 plus 90% of the difference between $10,000 and the employee’s position on the 1978-1979 salary schedule.
C. Age 62: $2,000.00 plus 80% of the difference between $10,000 and the employee’s position on the 1978-1979 salary schedule.
D. Age 63: $2,000.00 plus 70% of the difference between $10,000 and the employee’s position on the 1978-1979 salary schedule.
E.Age 64: $2,000.00 plus 60% of the difference between $10,000 and the employee’s position on the 1978-1979 salary schedule.

At the initial hearing a district administrative assistant, who was primarily responsible for drafting the plan, testified on its objectives:

We believed that some sort of a retirement income plan would soften the crisis of declining enrollment, which would require a reduction in staff. [The financial impact of the plan is that it] gives a percentage of the difference between a [veteran teacher’s] salary and that of a [beginning teacher’s] salary . .. [and thus] it is entirely possible that it could be a savings of up to $6000-$7000 per teacher.

He further testified that although the first year’s savings would only amount to $1279, savings would rise to $30,000-$35,000 the second year. On the basis of this testimony, the hearing officer found the purpose of the plan “was to soften the declining enrollment crisis which threatens to cause staff reductions . . ., [to] save jobs for younger teachers, and [to] provide financial benefits to the district.” He concluded that the plan was a mandatory subject of bargaining under section 20.9 and that the district had acted improperly in adopting it without negotiation.

I. Scope of section 20.9.

Section 20.9 provides:

The public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer’s budget-making process, to negotiate in good faith with respect to wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and [183]*183safety matters, evaluation procedures, procedures for staff reduction, in-service training and other matters mutually agreed upon.

(Emphasis added.) The statute was first discussed by this court in City of Fort Dodge v. Public Employment Relations Board, 275 N.W.2d 393, 397 (Iowa 1979), which held it is to be narrowly applied. Subsequent cases have agreed. E.g., Marshalltown Education Association v. Public Employment Relations Board, 299 N.W.2d 469, 470 (Iowa 1980); Charles City Education Association v. Public Employment Relations Board, 291 N.W.2d 663, 667 (Iowa 1980); Charles City Community School District v. Public Employment Relations Board, 275 N.W.2d 766, 773 (Iowa 1979).

Despite these decisions, contrasting views of the scope of section 20.9 have remained and are illustrated by the split decision in the present case. A majority of the board held the early retirement incentive plan was a form of supplemental pay: “It is, quite simply, a provision for a supplemental cash payment to teachers to be paid at their retirement, with the amount of the payment determined by their age and length of service.” Even given the restrictive definition of wages and supplemental pay established by City of Fort Dodge, 275 N.W.2d at 397, 398, the majority concluded there was a service rendered here: viz., the teachers retired early to help alleviate budgetary problems. The dissent took a more restrictive view of the statute: that the “pay” referred to in section 20.9 must actually be a supplement to, or in addition to, other payments for services rendered, and that the “service” rendered by early retirement was not the sort envisioned by the legislature. The district court agreed with the latter view.

The association urges us to reassess our oft-expressed view that the list of mandatory subjects of bargaining is to be restrictively applied, arguing there is no evidence the legislature intended such a construction. As noted above, however, we have concluded the act’s wording and legislative history indicated an intent to retain broad employer rights and to carve out specific, narrowly defined, exceptions for mandatory negotiation. We further note the legislature has declined to make any changes in the statute which would indicate our view on its scope was erroneous. Under such circumstances, we do not depart from our earlier case law.

II. Application of section 20.9.

The association argues the early retirement compensation plan is a mandatory subject of bargaining because it is both “wages” and “supplemental pay” under the statute.

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319 N.W.2d 181, 113 L.R.R.M. (BNA) 2708, 1982 Iowa Sup. LEXIS 1371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fort-dodge-community-school-district-v-public-employment-relations-board-iowa-1982.