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

880 So. 2d 446, 2003 Ala. Civ. App. LEXIS 510, 2003 WL 21715561
CourtCourt of Civil Appeals of Alabama
DecidedJuly 25, 2003
Docket2020151
StatusPublished
Cited by1 cases

This text of 880 So. 2d 446 (Limestone County Education Ass'n v. Limestone County Board of Education) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Limestone County Education Ass'n v. Limestone County Board of Education, 880 So. 2d 446, 2003 Ala. Civ. App. LEXIS 510, 2003 WL 21715561 (Ala. Ct. App. 2003).

Opinion

YATES, Presiding Judge.

The Limestone County Education Association (“LCEA”) and the Limestone County Educational Support Personnel Organization (“LCESPO”), sued the Limestone County Board of Education and its members (hereinafter collectively referred to as “the Board”), and Dr. Les Bivens, the superintendent of the Limestone County Board of Education, on May 18, 1999, alleging a breach of contract and contending that the defendants had wrongfully failed to pay their members longevity pay. LCEA and LCESPO sought declaratory and injunctive relief, as well as a writ of mandamus and/or a writ of certiorari ordering the defendants to pay the longevity pay they claimed was owed to their members.

Following an ore tenus proceeding, the trial court, on July 30, 2002, entered a judgment in favor of the defendants. LCEA and LCESPO appealed following the denial of their postjudgment motion.

LCEA is a professional organization composed of certified teachers employed by the Board. LCESPO is a professional organization composed of persons employed by the Board in noncertified positions, such as cafeteria workers, clerical workers, and bus drivers. LCEA and LCESPO represent the interests of their respective members relative to salary and compensation issues.

Before July 1997, employees of the Board were paid within a salary schedule according to the position in which they were employed and according to the number of years they had been employed in that position. The salary schedule was composed of “steps” that correlated with the number of years an employee had been employed by the Board. Beginning in 1989, the Board adopted a series of pay raises, i.e., longevity pay, for those employees that had completed a specified number of years of service. In 1989, the former superintendent of the Board, Henry A. White, recommended, and the Board passed, a two percent pay raise for employees of the Board who were beginning their 15th year of employment. On June 12, 1995, the Board approved a 'salary increase of five percent for all employees who were beginning their 20th year of employment with the Board. On October 7, 1996, the Board enacted a two percent pay raise for employees that had completed a total of 20 years of service with the [448]*448Board. The longevity-pay raises applied to both certified and noncertified employees. The employees that had the requisite number of years of service with the Board were given the longevity-pay raises regardless of the number of years the employee had been employed in a particular position. For example, some employees were identified as having experience both in noncertified positions and in certified positions. In 1995, the Board, in a separate action, identified those employees that had experience in both certified and non-certified positions and gave them credit for their total years of experience. Thus, if an employee was a certified teacher at step 10 — i.e., with 10 years of employment with the Board as a teacher — but also had 5 years’ experience as a noncertified teacher’s aide, that employee was credited with 15 years of service.

Andew Swanner served as the custodian of funds and the finance director for the Board from 1984 through August 1997. Swanner was responsible for employee compensation, and he prepared the salary schedules for the Board’s enactment. Additionally, as the custodian of funds, she was familiar with Board policy and state laws affecting employee compensation.

Before 1989, there were only 10 steps on the salary schedule for certified employees. A certified employee received a pay increase each of his or her first 10 years of employment with the Board. After the Board adopted the two percent longevity-pay raise in 1989, Swanner added step 14 to the salary schedule. Following the Board’s adoption of the five percent longevity-pay raise in 1995, Swanner added step 19 to the salary schedule. Finally, after the Board adopted the two percent longevity-pay raise in 1996 for employees completing their 20th year of service, Swanner added step 20 to the salary schedule. Before 1989, the salary schedule for noncertified employees had only 6 steps. A noncertified employee received a pay increase each of his or her first 6 years of employment with the Board. As with the certified employees, Swanner added steps 14,19, and 20 to the salary schedules for the noncertified employees following each longevity-pay increase.

Swanner testified that when the Board approved the two percent longevity-pay increase in 1989 the Board’s salary schedule for the following year included the two percent increase. She stated that when the Board approved the five percent longevity-pay increase in 1995 the salary schedule for the following year included that increase. Likewise,' Swanner stated that when the Board approved the two percent longevity-pay increase in 1996 that pay increase was included in the following year’s salary schedule. Swanner specifically testified as follows:

“Q. So what I want to make sure of is that when the Board chose to pay the two percent, the five percent, and the two percent, it put it into the salary schedule and adopted that salary schedule for the next year?
“A. Yes.”

Dawn Nicholson, a payroll-department employee since 1989 and the payroll clerk since 1997, testified that the longevity-pay raises were “built into” the salary schedules.

In 1997, the state legislature passed a salary matrix, which prescribed the salaries for teachers with various levels of experience. A salary schedule based on the state salary matrix was presented to the Board for the 1997-1998 school year by Dr. Les Bivens, the newly appointed superintendent. The Board, on July 7, 1997, adopted this salary schedule for the 1997-1998 school year. The 1997-1998 salary schedule applicable to certified employees had 24 steps. The 1997-1998 sala[449]*449ry schedule made no changes with respect to noncertified employees, because the state salary matrix applied only to certified employees. Noncertified employees continued to have steps 1-6, 14, 19, and 20 on their 1997-1998 salary schedule. Thus, certified employees did not receive longevity pay as it existed before the 1997-1998 school year, but noncertified employees did receive the longevity pay. Subsequent salary schedules adopted by the Board for the school years 1998-1999,1999-2000, and 2000-2001 did not include longevity pay for any Board employees, and all salary schedules for those years for both certified and noncertified employees contained 24 steps.

Richard Leath, the assistant superintendent for the Board, testified that by adopting the 1997-1998 salary schedule the Board rescinded the longevity-pay increases for certified employees. Leath- stated that each year’s salary schedule, when adopted by the Board, replaced the previous year’s salary schedule. In other words, according to Leath, a vote by the Board to adopt a salary schedule was, in essence, a vote by the Board to rescind the previous year’s salary schedule.

LCEA and LCESPO raise two issues on appeal: (1) that the Board violated state law and its own policies in adopting the state salary matrix and rescinding longevity pay; and (2) that the trial court’s determination that the Board’s adoption of the state salary matrix rescinded the longevity-pay increases and that the longevity-pay increases were not “in addition” to the salary schedules was against the great weight of the evidence. We note that our review of the trial court’s judgment in this matter is governed by the ore tenus rule.

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880 So. 2d 446, 2003 Ala. Civ. App. LEXIS 510, 2003 WL 21715561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/limestone-county-education-assn-v-limestone-county-board-of-education-alacivapp-2003.