Kentwood Public Schools v. Kent County Education Ass'n

520 N.W.2d 682, 206 Mich. App. 161
CourtMichigan Court of Appeals
DecidedNovember 4, 1994
DocketDocket 149882
StatusPublished
Cited by10 cases

This text of 520 N.W.2d 682 (Kentwood Public Schools v. Kent County Education Ass'n) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kentwood Public Schools v. Kent County Education Ass'n, 520 N.W.2d 682, 206 Mich. App. 161 (Mich. Ct. App. 1994).

Opinions

Jansen, P.J.

Defendant Kent County Education Association appeals as of right from a February 14, 1992, order of the Kent Circuit Court granting plaintiffs motion for summary disposition pursuant to MCR 2.116(0(10). We reverse.

This case arises out of the trial court’s order enjoining arbitration of a grievance proceeding between plaintiff and defendant. Rebecca Wingeier was a probationary teacher under a contract with the Kentwood Public Schools for the 1991-92 school year. On March 19, 1991, the school board notified her pursuant to the teacher tenure act, MCL 38.81-38.83; MSA 15.1981-15.1983, that the contract would not be renewed because of unsatisfactory service. Defendant then filed a grievance on her behalf under the collective bargaining agreement between it and the Kentwood Board of Education. Specifically, defendant alleged: (1) it did not approve an appointment to the faculty tenure advisory committee, which reviews the performance of probationary teachers, in violation of article 10(A)(l)(b)(3) of the bargaining agreement; (2) Wingeier’s nonrenewal breached article 10(B)(2) of the bargaining agreement that no teacher shall be disciplined without just cause; and (3) Wingeier was given only a one-week notice regarding her performance in violation of article 11(C)(3). The school board denied the grievance.

Defendant then filed a demand for arbitration. However, the school district filed a complaint in the circuit court, seeking to enjoin the arbitration on the basis that the grievance was not subject to arbitration under the terms of the bargaining agreement. The trial court agreed and enjoined [164]*164the arbitration. Defendant contends on appeal that the grievance was subject to arbitration under the bargaining agreement. We agree with defendant.

Appellate review of a motion for summary disposition is de novo because this Court must review the record to determine if the moving party is entitled to judgment as a matter of law. Adkins v Thomas Solvent Co, 440 Mich 293, 302; 487 NW2d 715 (1992); Coleman-Nichols v Tixon Corp, 203 Mich App 645, 650; 513 NW2d 441 (1994). A motion under MCR 2.116(0(10) tests the factual basis underlying a plaintiffs claim. MCR 2.116(0(10) permits summary disposition when, except with regard to the amount of damages, there is no genuine issue regarding any material fact and the moving party is entitled to judgment as a matter of law. A court reviewing such a motion must consider the affidavits, depositions, admissions, pleadings, and any other evidence in favor of the party opposing the motion and grant the benefit of any reasonable doubt to the opposing party. Radtke v Everett, 442 Mich 368, 374; 501 NW2d 155 (1993).

The question whether a dispute is arbitrable is for the court’s determination. Kaleva-Norman-Dickson School Dist No 6 v Kaleva-Norman-Dickson School Teachers’ Ass’n, 393 Mich 583, 591; 227 NW2d 500 (1975). The court’s inquiry " 'is confined to ascertaining whether the party seeking arbitration is making a claim which on its face is governed by the contract. Whether the moving party is right or wrong is a question of contract interpretation for the arbitrator.’ ” Id., quoting United Steelworkers of America v American Mfg Co, 363 US 564, 568; 80 S Ct 1343; 4 L Ed 2d 1403 (1960). Absent an express provision excluding a particular grievance from arbitration, or the most forceful evidence of a purpose to exclude the claim, the [165]*165matter should go to arbitration. Kaleva, supra, p 592.

The relevant provisions of the collective bargaining agreement provide:

ARTICLE 2
BOARD RIGHTS
A. The Board, on its own behalf on behalf of the electors of the district, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Michigan, and of the United States including, and without limiting the generality of the foregoing, the right:
2. To hire all employees, and subject to the provisions of law, to determine their qualification and the conditions for their continued employment, or their dismissal, or demotion; and to promote, and transfer all such employees;
ARTICLE 10
CONTRACTUAL RELATIONS
A - TENURE COMMITTEE
1. All probationary teachers eligible for tenure with initial employment dates as of the first day of school in September shall have their performance records (formal observations and evaluation) reviewed by a faculty tenure advisory screening committee and results made known to the probationary teacher prior to March 1. Those probationary teachers whose initial employment date other than the first day of September shall have their performance records (defined above) reviewed and the results made known to the teacher at least 90 days prior to the completion of the probationary period.
a. The committee shall have the responsibility of recommending either dismissal proceedings, third year probationary status, or tenure to the princi[166]*166pal who in turn shall recommend to the Superintendent of Schools.
b. The committee shall consist of the cognizant principal as the non-voting chairperson, one teacher with a comparable assignment, one teacher from the same building, and one teacher-at-large.
(1) The building Association representatives shall appoint the teacher-at-large.
(2) Thé chairperson shall appoint all other members and convene the committee.
(3) If a teacher with a comparable assignment is not assigned to the building, the chairperson shall appoint this member of the tenure committee; this appointment shall be approved by the building Association representative.
(4) The Tenure Committee shall be appointed and notified of their responsibilities within two weeks after the start of school or within two weeks of the date of hire of the individual concerned.
c. The approval or disapproval of the recommendation of the tenure committee by the Superintendent of Schools shall be final, subject only to the review and final action of the Board of Education.
B - DISMISSALS
1. All dismissals shall be handled in accordance with the Michigan Tenure Act as amended.
2. No teacher shall be disciplined, reprimanded, reduced in rank or compensation without just cause.
ARTICLE 11
TEACHER EVALUATION
C - OBSERVATIONS
1. There shall be at least one extended evaluative observation of classroom teaching for 30 consecutive minutes.
2. All monitoring or observation of the work performance of a teacher shall be conducted openly and with full knowledge of the teacher.
[167]*1673. When improvement is needed the principal shall provide suggestions for improvement with a copy to the teacher.
ARTICLE 13

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Kentwood Public Schools v. Kent County Education Ass'n
520 N.W.2d 682 (Michigan Court of Appeals, 1994)

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Bluebook (online)
520 N.W.2d 682, 206 Mich. App. 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kentwood-public-schools-v-kent-county-education-assn-michctapp-1994.