Juneau Education Ass'n v. City & Borough of Juneau

539 P.2d 704, 90 L.R.R.M. (BNA) 2264, 1975 Alas. LEXIS 342
CourtAlaska Supreme Court
DecidedAugust 29, 1975
Docket2288
StatusPublished
Cited by8 cases

This text of 539 P.2d 704 (Juneau Education Ass'n v. City & Borough of Juneau) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Juneau Education Ass'n v. City & Borough of Juneau, 539 P.2d 704, 90 L.R.R.M. (BNA) 2264, 1975 Alas. LEXIS 342 (Ala. 1975).

Opinions

OPINION

Before RABINOWITZ, C. J., and CON-NOR, ERWIN and FITZGERALD, JJ.

CONNOR, Justice.

This is an appeal from a summary judgment in favor of appellees. Appellant is the recognized collective bargaining agent [705]*705for the teachers employed by the city and borough of Juneau. The city and borough is represented in the collective bargaining process by its board of education.

In 1965 appellant and appellees agreed to bargain with each other, and entered into an agreement which includes recognition of appellant as the collective bargaining agent, principles to which the parties subscribe, and the procedure for negotiations. In section 5 of the agreement appears the following language:

“SALARIES AND WORKING CONDITIONS
The schedules and policy statements attached are made a part of this agreement.
This contract shall remain in force until July 1, 1966 at eight o’clock in the morning. It will be renewed automatically for a period of one year from the expiration date each year unless one of the parties shall have notified the other at least ninety days before the expiration date that it will not accept renewal.”

In following years the parties negotiated on all subjects. On February 6, 1973, the parties agreed to a variety of items, one of which was the following:

“The Board shall provide that the base salary shall be $11,400 beginning with the 1973-74 school year, however this provision eliminates negotiations during a three year period on the following items: Salary, Major Medical, Dental, Retirement, and Sick Leave. Negotiations on the above items will resume for the 76-77 School Year.”

On October 5, 1973, appellees, through the president of the board of education, informed appellant by letter in part as follows :

“As you know, negotiations time is arriving. This letter is to notify you that the Board is ready to begin negotiations, and would like to start meeting with your committee in October.
The Board feels the need to review the entire negotiations agreement which is currently in effect since it has not been reviewed since 1966. So as to make the entire contract negotiable, it is first necessary that we give you formal notice of our intention not to renew that contract, and its amendments as it presently stands. Therefore, the Juneau Education Association is hereby notified that the present contract including amendments to it will not be renewed on July 1, 1974. (Paragraph V 1966 contract). This notice does not, of course, affect the salary scale which was negotiated on a three-year basis.”

After this time an impasse developed in negotiations between the parties. Appellant sued for declaratory relief, with appel-lees counterclaiming for declaratory relief.

The superior court ruled that the contract terms were unambigious, and that the 1965 agreement and the agreements arrived at each year thereafter, including 1973, were in essence a single contract, governing the rights and responsibilities of the parties. In interpreting the contract, the court held that the 1973 agreement bound the parties for three years as to salary, major medical, dental, retirement, and sick leave, but that the balance of the matters subject to negotiation could be negotiated after July 1, 1974. Summary judgment was awarded to appellees.

The following issues are presented on appeal:

1. Whether the superior court erred in its interpretation of the contract documents.
2. Whether the court erred in awarding as costs certain expenses for discovery depositions.
3. Whether the court erred in awarding attorney’s fees against appellant.

I.

Appellant argues that McBain v. Pratt, 514 P.2d 823 (Alaska 1973), sets forth the [706]*706principles which require reversal of the trial court’s determination. In McBain the court was presented with a claimed conflict between a marital separation agreement and a trust instrument, which were executed on the same day. In resolving the question presented there the court stated:

“Wherever possible, repugnant portions of a contract must be harmonized. An interpretation will not be given to one part of a contract which will annul another.” 514 P.2d at 828 [footnote omitted].

Appellant urges that the original dura-tional clause in the 1965 agreement and the specific durational clause in the 1973 agreement must be harmonized. If so read, appellant claims, then so long as the entire agreement remains in effect, a moratorium exists as to negotiations. But if either party exercises its power to cancel any portion of the agreement, then the entire agreement, including any specially agreed upon moratorium, is terminated.

We are not persuaded that this is the right result. First, the McBain case is distinguishable in that we were there dealing with two contemporaneous instruments, not two expressions of a continuing relationship widely separated in time. Second, we must look to the rules applicable to successive, inconsistent agreements relating to the same subject matter.

Appellees rely on Autry v. Republic Productions, Inc., 30 Cal.2d 144, 180 P.2d 888 (1947), for the proposition that the parties may modify an existing agreement by a later, partial ly inconsistent agreement. There an agreement was made in 1938 requiring Mr. Autry to perform acting services. It contained a general provision concerning the parties’ rights in the event of interruption of the ability to perform services. In 1942 the parties made a supplemental contract which referred specifically to an interruption of services in the event of military service. In making a determination of the parties’ rights after the war, the court stated:

“[I]f . . . the 1942 agreement was amendatory of and supplementary to the 1938 agreement, it may be said that paragraph 24 of the later agreement controlled the question of the defendant’s rights in the event of the plaintiff’s military service. That paragraph, being a specific provision governing the parties’ rights on the happening of that contingency, is controlling over any general provision from which the defendant might have inferred some inconsistent right or privilege.” 180 P.2d 892-93.

Parties to a labor or service contract are always free to amend their agreements. Waters v. Wisconsin Steel Works of Internat’l Harvester Co., 427 F.2d 476, 489 (7th Cir. 1970), cert. denied, 400 U.S. 911, 91 S.Ct. 137, 27 L.Ed.2d 151 (1970).

And, as the court noted in Cheney v. Rucker, 14 Utah 2d 205, 381 P.2d 86, 89 (1963),

“It is fundamental that where parties have rights under an existing contract they have exactly the same power to renegotiate terms or waive such rights as they had to make the contract in the first place.”

Accord, McDonald Construction Co. v. Murray, 5 Wash.App.

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Juneau Education Ass'n v. City & Borough of Juneau
539 P.2d 704 (Alaska Supreme Court, 1975)

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Bluebook (online)
539 P.2d 704, 90 L.R.R.M. (BNA) 2264, 1975 Alas. LEXIS 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juneau-education-assn-v-city-borough-of-juneau-alaska-1975.