Kenai Peninsula Borough School District v. Kenai Peninsula Borough School District Classified Ass'n

590 P.2d 437, 100 L.R.R.M. (BNA) 3116, 1979 Alas. LEXIS 480
CourtAlaska Supreme Court
DecidedFebruary 16, 1979
Docket3800
StatusPublished
Cited by14 cases

This text of 590 P.2d 437 (Kenai Peninsula Borough School District v. Kenai Peninsula Borough School District Classified Ass'n) 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
Kenai Peninsula Borough School District v. Kenai Peninsula Borough School District Classified Ass'n, 590 P.2d 437, 100 L.R.R.M. (BNA) 3116, 1979 Alas. LEXIS 480 (Ala. 1979).

Opinions

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, BURKE and MATTHEWS, JJ.

MATTHEWS, Justice.

On February 17,1975, the Kenai Peninsula Borough School Board adopted a comprehensive labor relations policy by which it bound itself to recognize and bargain collectively with an organization to be formed by a majority of the non-certificated school employees of the District, e. g., secretarial, custodial, and cafeteria personnel. The policy stipulated that the District would not negotiate (1) with any individual who was not an employee of the School District, nor (2) with an employee organization affiliated with any state or national labor union.1

The appellee Association was duly organized and subsequently recognized by the District on February 21, 1977, as the employee bargaining agent. One month later, after negotiations had not progressed to its satisfaction, in part because the School District would not permit an employee consultant into the negotiating room, the Association affiliated with the Kenai Peninsula [439]*439Federation of Teachers, itself an affiliate of the American Federation of Teachers. The District then refused to negotiate further, demanding that the Association disaffiliate from the Kenai Peninsula Federation. The Association brought suit, seeking to compel the District to resume negotiations.

On September 19, 1977, Judge Peter J. Kalamarides granted summary judgment to the Association, finding the aforementioned restrictive provisions both unconstitutional and severable from the rest of the labor policy, and ordered the District to resume negotiations. The School District appeals from both judgments. We affirm.

I

It is conceded for purposes of this litigation that the right of the non-certificated school employees to compel their employer to bargain collectively arises solely out of the labor relations policy enacted by the District. These employees are not among those within the ambit of the National Labor Relations Act, 29 U.S.C. § 152(2) (1970), or the Alaska Public Employment Relations Act, AS 23.40.250(5), and the Association, in the face of much contrary authority, does not seek to establish such a right in the federal constitution. See, e. g., University of New Hampshire Chap. of Am. Ass’n. of Univ. Profs. v. Haselton, 397 F.Supp. 107, 109 (D.N.H.1975); Atkins v. Charlotte, 296 F.Supp. 1068, 1077 (W.D.N.C.1969).

The first question that confronts us then, is whether the School District can grant non-certificated employees the right to bargain collectively and simultaneously decree whom the employees may send to the bargaining table as their representative, and with whom they may affiliate to effectuate their right under the labor policy. We hold that the first amendment prohibits such restrictions.

Forty-two years ago, the Supreme Court asserted that:

[In] safeguardftng] the right of employees to self-organization and to select representatives of their own choosing for collective bargaining or other mutual protection without restraint or coercion by their employer. . . . [the National Labor Relations Act goes no further than to safeguard] a fundamental right. . Hence the prohibition by Congress of interference with the selection of representatives for the purpose of negotiation and conference between employers and employees, ‘instead of being an invasion of the constitutional right of either, was based on the recognition of the rights of both.’

NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 33-4, 57 S.Ct. 615, 622-623, 81 L.Ed. 893, 909-10 (1937) (citations omitted). The associational right so identified emanates from the protections afforded by the first amendment. See Brotherhood of Railroad Trainmen v. Virginia, 377 U.S. 1, 5, 84 S.Ct. 1113, 1116, 12 L.Ed.2d 89, 93 (1964).

It can no longer be disputed that the right to affiliate with the union of one’s choice is the right of the public employee as well as the private employee. Lontine v. VanCleave, 483 F.2d 966, 967 (10th Cir. 1973); Orr v. Thorpe, 427 F.2d 1129, 1131 (5th Cir. 1970); American Federation of State, County, & Munic. Employees v. Woodward, 406 F.2d 137, 139 (8th Cir. 1969); McLaughlin v. Tilendis, 398 F.2d 287, 288 (7th Cir. 1968); O’Brien v. Leidinger, 452 F.Supp. 720 (E.D.Va.1978). See Thomas v. Younglove, 545 F.2d 1171, 1172 (9th Cir. 1976); Lodge 1858, American Federation of Gov’t. Employees v. Paine, 141 U.S.App.D.C. 152, 164, 436 F.2d 882, 894 n.72 (1970). It is implicit in the cases just cited, that public employees are free to join a national as well as a local union, for in each case the petitioning employees had, in one manner or another, in fact affiliated with a national organization. Accord, Atkins v. Charlotte, 296 F.Supp. 1068 (W.D.N.C.1968). We have recognized that same freedom for employees covered by the Alaska Public Employment Relations Act, AS 23.40.070. State v. Petersburg, 538 P.2d 263, 267 (Alaska 1975).

We can find no sound basis for distinguishing an employee’s freedom in affiliation from the right to freely choose his [440]*440or her representative at the bargaining table. The two are inseparable under the National Labor Relations Act, see General Electric Co. v. NLRB, 412 F.2d 512, 517 (2d Cir. 1969), in the Supreme Court’s identification of fundamental rights in NLRB v. Jones, supra, and would seem to be similarly inseparable in fact. A powerful incentive in affiliating with a national union is the effective advocacy thereby secured. Governmental interference with a labor organization’s ability to effectively assert its members’ legal rights has been held to be an unconstitutional impairment of associational freedoms. United Mine Workers v. Illinois State Bar Ass’n., 389 U.S. 217, 221-222, 88 S.Ct. 353, 355-356, 19 L.Ed.2d 426, 430-1 (1967); Brotherhood of Railroad Trainmen, 377 U.S. at 6, 84 S.Ct. 1113, 12 L.Ed.2d at 93. We thus find the conclusion inescapable that the right of the District’s non-certificated employees to “select representatives of their own choosing for collective bargaining,” be they from local or national organizations, “without restraint or coercion by their employer,” is grounded firmly in the first amendment. NLRB v. Jones, supra.

The School District does not dispute this conclusion. Instead it argues that the employees represented by the Association are still quite free to join the Kenai Federation.

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590 P.2d 437, 100 L.R.R.M. (BNA) 3116, 1979 Alas. LEXIS 480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenai-peninsula-borough-school-district-v-kenai-peninsula-borough-school-alaska-1979.