Grabert v. Iberia Parish School Board

625 So. 2d 574, 1993 La. App. LEXIS 2978, 1993 WL 394582
CourtLouisiana Court of Appeal
DecidedOctober 6, 1993
DocketNo. 92-1303
StatusPublished
Cited by2 cases

This text of 625 So. 2d 574 (Grabert v. Iberia Parish School Board) 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
Grabert v. Iberia Parish School Board, 625 So. 2d 574, 1993 La. App. LEXIS 2978, 1993 WL 394582 (La. Ct. App. 1993).

Opinion

WOODARD, Judge.

In this consolidated case, plaintiffs, Sylvia Grabert and Melvin Small, sued their employer, the defendant, Iberia Parish School Board, seeking a declaratory judgment regarding the interpretation of their employment contract as well as past wages due. The trial court granted defendant’s Motion for Partial Summary Judgment based on prescription and plaintiffs appeal.

FACTS

Plaintiff, Sylvia Grabert (Grabert), was hired by the defendant, the Iberia Parish School Board (the Board), in January of 1970. She was appointed by the Board to the position of acting school lunch supervisor, effective July 1, 1971. She later was appointed by the Board to the position of school lunch supervisor and continues to serve in this position as a tenured employee.

Plaintiff, Mr. Melvin A. Small (Small), was initially employed as a classroom teacher by the Board in 1964. He was promoted by the Board, on September 6, 1985, to the position of supervisor of transportation and related instruction. He continues to serve in this position as a tenured employee of the Board.

[575]*575Both Grabert and Small, although tenured employees, have -written employment contracts with the Board for not less, nor more, than four (4) years. Board policy requires these employment contracts. The contracts indicate the position of employment but are silent as to the salary that is to be paid for such positions.

Both Grabert and Small discovered they were paid in accordance with an index different from other supervisors employed by the Board. After unsuccessful attempts to correct the matter by discussions with the Board members, the personnel department, and the superintendent, Grabert filed suit on June 22, 1990. Likewise, Small filed suit December 11, 1990. The two suits were consolidated for trial. Trial on the merits was set for May 28,1992. Plaintiffs sought a determination of their status under the contract as well as past wages, specifically past increases in salary, in accordance with the appropriate salary index, retroactive to date of entitlement. The Board filed a Motion for Partial Summary Judgment, contending plaintiffs’ claims for salary had prescribed in part based on La.C.C. art. 3494, and thus, plaintiffs’ recovery should be limited to a period beginning three (3) years prior to the filing of each suit. The trial court granted the Motion for Partial Summary Judgment on May 27, 1992. Plaintiffs appeal.

ASSIGNMENT OF ERROR NUMBER ONE

The trial court found the three year prescriptive period of La.C.C. art. 3494 applicable to plaintiffs’ claims. Plaintiffs contend this finding is erroneous.

Plaintiffs requested that the court determine the index to be utilized in determining their respective rates of pay and payment accordingly, which necessitates an interpretation of their contracts. Thus, plaintiffs contend their action is a contract claim, a personal action, triggering the ten year prescriptive period found in La.C.C. art, 3499.

La.C.C. art. 3499 provides:

Art. 3499. Personal action
Unless otherwise provided by legislation, a personal action is subject to a liberative prescription of ten years.

The Board’s position is that this suit is essentially a suit for past wages and thus the applicable prescriptive period is three years, according to La.C.C. art. 3494; that 3499 does not apply because recovery of wages is “otherwise provided by legislation,” specifically in 3494. It cites Achord v. City of Baton Rouge, 489 So.2d 1373 (La.App. 1st Cir.1986), writ denied 493 So.2d 641 (La. 1986), writ denied, 480 U.S. 932, 107 S.Ct. 1570, 94 L.Ed.2d 762 (La.1987) as support for its position and argues that whenever recovery of wages is involved, 3494 would always apply, regardless of other issues.

La.C.C. art. 3494 provides:

SECTION 2. THREE YEAR PRESCRIPTION
Art. 3494. Actions subject to a three-year prescription
The following actions are subject to a liberative prescription of three years:
(1) An action for the recovery of compensation for services rendered, including payment of salaries, wages, commissions, tuition fees, professional fees, fees and emoluments of public officials, freight, passage, money, lodging, and board;
(2) An action for arrearages of rent and annuities;
(3) An action on money lent;
(4) An action on an open account; and
(5) An action to recover underpayments or overpayments of royalties from the production of minerals, provided that nothing herein applies to any payments, rent, or royalties derived from state-owned properties.

It became effective January 1, 1984 as a result of the consolidation of former La.C.C. arts 3534 and 3538. The minutes of the House Committee concerning proposed La. C.C. art. 3494 indicate that the parameters this new article was intended to encompass are those covered by 3534 and 3538:

Art. 3494. Actions subject to a three-year prescription
[576]*576This Article is a redraft of current Articles 3534 and 3538 which had similar provisions for prescription, allowing one year and the other three-years prescription. The proposed 3494 combines these actions but makes all actions a three-year prescription.
(Emphasis added).

Parameters of article 3534 of the Louisiana Civil Code of 1870 included the following actions:

Art. 3534. Actions prescribed by one year
Art. 3534. The following actions are prescribed by one year:
That of justices of the peace and notaries, and persons performing their duties, as well as that of constables, for the fees and emoluments which are due to them in their official capacity.
That of masters and instructors in the arts and sciences, for lessons which they give by the month.
That of innkeepers and such others, on account of lodging and board which they furnish.
That of retailers of liquors, who sell ardent spirits in less quantities than one quart.
That of workmen, laborers and servants, for the payment of their wages.
That for the payment of the freight of ships and other vessels, the wages of the officers, sailors and others of the crew.
That for the supply of wood and other things necessary for the construction, equipment and provisioning of ships and other vessels.

Article 3538 dictated the prescriptive period for the following actions:

§ 2 — Of the PRESCRIPTION of Three Years
Art. 3538. Actions prescribed by three years; discontinuance of prescription
Art. 3538. The following actions are prescribed by three years:
That for arrearages of rent charge, annuities and alimony, or of the hire of movables and immovables.
That for the payment of money lent.

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Related

Grabert v. Iberia Parish School Bd.
638 So. 2d 645 (Supreme Court of Louisiana, 1994)
Small v. Iberia Parish School Board
625 So. 2d 578 (Louisiana Court of Appeal, 1993)

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Bluebook (online)
625 So. 2d 574, 1993 La. App. LEXIS 2978, 1993 WL 394582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grabert-v-iberia-parish-school-board-lactapp-1993.