Indiana Education Employment Relations Board v. Board of School Trustees of Delphi Community School Corp.

368 N.E.2d 1163, 174 Ind. App. 481, 96 L.R.R.M. (BNA) 3009, 1977 Ind. App. LEXIS 999
CourtIndiana Court of Appeals
DecidedOctober 18, 1977
DocketNo. 2-176A15
StatusPublished
Cited by10 cases

This text of 368 N.E.2d 1163 (Indiana Education Employment Relations Board v. Board of School Trustees of Delphi Community School Corp.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Indiana Education Employment Relations Board v. Board of School Trustees of Delphi Community School Corp., 368 N.E.2d 1163, 174 Ind. App. 481, 96 L.R.R.M. (BNA) 3009, 1977 Ind. App. LEXIS 999 (Ind. Ct. App. 1977).

Opinion

Lowdermilk, J.

This case was transferred to this office from the Second District in order to help eliminate the disparity in caseloads among the Districts.

STATEMENT OF THE CASE

Respondents-appellants, Indiana Education Employment Relations Board (IEERB), and Robert Brothers (Brothers), perfect this appeal following the judgment of the trial court which reversed the decision of the IEERB which found that petitioner-appellee, Board of School Trustees of the Delphi Community School Corporation (Board), had committed an unfair labor practice in not renewing Brothers’ contract because of his exercise of protected activities in connection with the Delphi Classroom Teachers [483]*483Association (DCTA).

ISSUES

The central issues presented for our resolution are as follows:

1. Whether the trial court erred in finding that Brothers’ actions on behalf of a fellow teacher were not protected within the meaning of the Certificated Educational Employee Bargaining Act.1
2. Whether the trial court in reviewing the decision of the IEERB applied an erroneous standard of review to the facts.
3. Whether the trial court erred in finding that the IEERB was without power to order reinstatement with back pay of a teacher who has been wrongfully discharged.

FACTS

Brothers was a non-tenured instrumental music instructor in the Delphi Community School Corporation for the school years 1971-72, 1972-73 and 1973-74. In May, 1973, Brothers was elected president of the DCTA which was the exclusive bargaining representative for the teachers in the Delphi Community School Corporation. He was also chief spokesman for the DCTA negotiating team until May 1, 1974.

In February, 1974, contract negotiations between the DCTA and the Delphi Community School Corporation were scheduled to commence for the 1974-75 school year. Fred W. Minnick, principal of the Delphi Middle School, was the chief spokesman for the Board’s negotiating team.

Initial negotiations between the DCTA and the Delphi Community School Corporation were fruitless because of the inability or unwillingness of the School Corporation to furnish the materials to the DCTA necessary to make a meaningful proposal. Arthur O. Weddell, Superintendent of the Delphi Community School Corporation, promised to furnish Brothers the needed information within three or four days. This promise was made in early March, 1974. The information was furnished, with no [484]*484apparent explanation for the delay, at the end of March. During this period no bargaining had occurred between the DCTA and the School Corporation.

During the first week of April, 1974, Michael Fisher, the Delphi High School vocal instructor, requested the assistance of Brothers as DCTA president to help him retain his teaching position. Fisher had theretofore been asked to resign his position. Fisher would have obtained tenured status if his contract had been renewed for the 1974-75 school year. Fisher had been in continuous contact with Gerald F. Manahan, principal of Delphi High School, concerning his requested resignation.

On April 13, 1974, Brothers and Fisher visited Robert Mont-fort, the Indiana State Teachers Uniserv Director, to discuss how Fisher’s job could be saved. It was determined there was no formal grievance procedure available to them. On the Saturday of April 20, 1974, following a choir contest, Brothers told Fisher’s students that their teacher’s job was in jeopardy and to tell their parents. Also, Brothers contacted the parents of some music students and requested they call Board members and ask them to carefully review Fisher’s record before taking any action on his contract. Weddell apparently had informed Fisher not to fight the resignation request or he might not ever get another teaching job in the State.

On April 22, 1974, Brothers accompanied Fisher to see Manahan. Manahan was upset at Brothers’ appearance on behalf of Fisher, and in Brothers’ use of some parents and students to call Board members. At this meeting Manahan informed Brothers that he might be in more trouble than Fisher over the renewal of his contract.

The Board met in executive session on April 23, 1974. Prior to the Board’s meeting, on April 19,1974, Minnick for the first time during Brothers’ tenure at Delphi evaluated him recommending the non-renewal of his contract. Minnick did not show his evaluation to Brothers and did not remember showing it to the Board. Superintendent Weddell did not recall if any of Brothers’ and Fisher’s evaluations were before the Board. Minnick and [485]*485Manahan did recall that they recommended against Brothers obtaining tenure, although Brothers would not have been eligible for tenured status until the following year. The Board voted 6-0 not to renew Brothers’ contract.

DISCUSSION AND DECISION

Issue One

Findings of facts Nos. 15 and 16 entered by the trial court provided as follows:

“15. Brothers, in engaging in the activities to aid Fisher, was not engaging in an activity that was protected under Public Law 217 for the following reasons:
(1) The action of Brothers in contacting parents and students is not a protected activity under Public Law 217 and is the complete antithesis of the purpose of Public Law 217.
(2) The renewal or non-renewal of a teacher’s contract, whether or not such teacher would be put on tenure as a result of the renewal of the contract, is not a subject of discussion under Section 5 of Public Law 217.
(3) Discussion of an individual teacher or an individual student is not a right guaranteed under Section 5 of Public Law 217.
16. Respondent, Brothers, in his activities on behalf of Fisher, was not engaged in an activity which is protected under Public Law 217, and as such, did not have a right to file an unfair labor practice charge against the School Board, even if the activities of Brothers on behalf of Fisher were the reasons for the non-renewal of Brothers’ contract.” (Original emphasis).

We take these findings of fact made by the trial court as meaning that the decision of the IEERB was contrary to law. IC 1971, 4-22-1-18(1) (Burns Code Ed.).

Brothers and the IEERB contend that Brothers’ activities in assisting Fisher, an individual teacher with an individual grievance, were protected activities within the meaning of the Certificated Educational Employee Bargaining Act (Act). Therefore, Brothers’ discharge for engaging in this activity was an unfair labor practice.

[486]*486The Board contends that the actions taken by Brothers on behalf of Fisher were not protected within the meaning of the Act and his discharge was therefore not unfair within the meaning of the Act.2

The statutes which are relevant to our disposition of this issue provide:

“(o) ‘discuss’ means the performance of the mutual obligation of the school corporation through its superintendent and the exclusive representative to meet at reasonable times to discuss, to provide meaningful input, to exchange points of view, with respect to items enumerated in section 5[20-7.5-l-5] of this chapter.

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368 N.E.2d 1163, 174 Ind. App. 481, 96 L.R.R.M. (BNA) 3009, 1977 Ind. App. LEXIS 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indiana-education-employment-relations-board-v-board-of-school-trustees-of-indctapp-1977.