Knox County Education Ass'n v. Knox County Board of Education

953 S.W.2d 686, 1997 Tenn. App. LEXIS 199
CourtCourt of Appeals of Tennessee
DecidedMarch 19, 1997
StatusPublished

This text of 953 S.W.2d 686 (Knox County Education Ass'n v. Knox County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knox County Education Ass'n v. Knox County Board of Education, 953 S.W.2d 686, 1997 Tenn. App. LEXIS 199 (Tenn. Ct. App. 1997).

Opinion

OPINION

FRANKS, Judge.

In this declaratory judgment action, the Chancellor concluded that defendant could lawfully limit to five years, the credit for prior teaching experience of newly-employed teachers, and determined that defendant had complied with the collective bargaining agreement with plaintiff in setting teachers’ salaries. Plaintiff has appealed.

Plaintiff brought suit against Defendant, charging that it was improperly setting teachers’ salaries. Teachers’ minimum salaries are set by the state, according to experience and education. This minimum salary may be supplemented by local authorities1. Since 1979, the Memorandum of Understanding negotiated between the defendant and plaintiff has provided for such a local supplement. This negotiated salary schedule has provided that:

Newly employed teachers may receive credit for up to five (5) years prior teaching experience. Exceptions may be made by the Board with the Superintendent’s recommendation.

Plaintiff challenged the legality of limiting credit for experience in this manner. In the alternative, if credit could be limited, plaintiff argued that the formula was improperly applied and that teachers were not actually paid the amount to which they were entitled. The Chancellor granted summary judgment to defendant on the issue of whether defendant could limit credit given for prior teaching experience, when determining the local salary supplement.

Plaintiff takes issue with the different factoring given to teachers’ out of county experience in determining their salary. [687]*687While the state salary gives “full” credit2 for years of teaching, the local supplement may give credit for only five years of out of county experience.

The state minimum salaries are set pursuant to statute:

The commissioner, as approved by the board, shall annually formulate a table of training and experience factors and a state salary schedule to be effective for each school year, which shall be applicable to all certificated personnel in every LEA [Local Education Agency], and which shall include an established base salary per school year consisting of a term of two hundred (200) days for beginning certified personnel with a bachelor’s degree and zero (0) years of experience. Certificated personnel having more training and experience shall receive more than the established base per school year. Certificated personnel having less training and experience shall receive less than the established base per school year. Such salary schedule shall not be applicable to substitute personnel under the state leave plan.

T.C.A. § 49—3—306(5)(A)(I) (emphasis supplied).

Plaintiff cites the emphasized portion of this provision as requiring uniformity in the method of salary calculation for every teacher in the state. It also cites T.C.A. § 49-5-402, which states:

the superintendent shall establish the salary rating of each person employed as teacher ... using for this purpose the established training and experience of such school personnel and the respective state salary schedule for the school year, as prescribed by the state board of education and approved by the commissioner of education.

T.C.A. § 49-5-402(a) (emphasis supplied). Plaintiff argues that the local board may not alter these factors in assessing the local supplement.

However, T.C.A. § 49-3-306’s mandate to set state salary mínimums goes on to state that “[n]othing in this section shall prevent any LEA from supplementing salaries from its own local funds-” T.C.A. § 49-3-306(5)(A)(ii). And when the local board establishes their supplements:

Each LEA shall establish a local salary schedule for all certificated personnel in such LEA, and such schedule shall include, as a minimum, the same salary level or levels based upon college preparation as established by the state board in the state salary schedule.

T.C.A. § 49-3-306(5)(B) (emphasis supplied).

This provision notably omits the factoring in of teaching experience.

There is one other element which indicates that the local board has discretion to vary salary criteria. State law states that salary is a proper subject of negotiation between the union and the school board. T.C.A. § 49-5-6113. It would make no sense to negotiate this aspect of employment if the local supplement and state minimum had to be calculated in the exact same manner.

Based upon the language of the above provisions, the Chancellor did not err in finding that the defendant could limit the experience credited to a teacher for the purpose of assessing a local salary supplement.

Following trial, the Chancellor concluded that defendant had complied with the collective bargaining agreement. He observed:

The policy of the defendant was to limit the prior teaching credit for teachers from other school systems to five years of prior credit. The five years of prior credit, or less as the case may be, plus the number of years experience in the Knox County School System was used to determine the step or the salary schedule that each teacher with such credit would be paid. The salary schedule was part of the collective bargaining agreement.

[688]*688The contract between the defendant and plaintiff sets the salaries as follows:

The annual Knox County salary schedule shall be determined by adding the appropriate Knox County salary supplement as included in Appendices Bl, B2, and B3 to the Annual Salary Schedule for Certified Classroom Teachers and Principals (Rules, Regulations, and Minimum Standards 0520-1-2-.05) ... Newly employed teachers may receive credit for up to five years prior teaching experience. Exceptions may be made by the Board with the Superintendent’s recommendation.

Appendix B, Agreement between the Board of Education of the Knox County Schools and the Knox County Education Association, 1985-19884.

Plaintiff argues that defendant has not calculated teacher’s salaries by adding the local supplement to the state minimum, as stated in the contract above. It insists that (a) the five year experience limitation has been applied across the board to the state salary component as well as to the local supplement, or (b) the local supplement was awarded at less than the contractually agreed upon levels.

Several examples were offered at trial. They show that there is a discrepancy which occurs because a “composite salary schedule” was created by the defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

§ 49
Tennessee § 49
§ 49-3-306
Tennessee § 49-3-306(5)(A)(ii)
§ 49-5-402
Tennessee § 49-5-402
§ 49-5-611
Tennessee § 49-5-611(a)

Cite This Page — Counsel Stack

Bluebook (online)
953 S.W.2d 686, 1997 Tenn. App. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knox-county-education-assn-v-knox-county-board-of-education-tennctapp-1997.