Local 1963 of the United Automobile, Aerospace, & Agricultural Implement Workers of America, UAW v. Madison County

999 N.E.2d 949, 2013 WL 6657355, 2013 Ind. App. LEXIS 623
CourtIndiana Court of Appeals
DecidedDecember 18, 2013
DocketNo. 27A05-1301-CC-40
StatusPublished
Cited by3 cases

This text of 999 N.E.2d 949 (Local 1963 of the United Automobile, Aerospace, & Agricultural Implement Workers of America, UAW v. Madison County) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Local 1963 of the United Automobile, Aerospace, & Agricultural Implement Workers of America, UAW v. Madison County, 999 N.E.2d 949, 2013 WL 6657355, 2013 Ind. App. LEXIS 623 (Ind. Ct. App. 2013).

Opinion

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Plaintiff, Local 1963 of the United Automobile, Aerospace and Agricultural Implement Workers of America, UAW (UAW), appeals the trial court's summary judgment in favor of Appellees, Defendants, Madison County, Indiana (County), the Madison County Assessor (Assessor), and the Madison County Recorder (Recorder) (collectively, County Group).

We affirm.

ISSUES

UAW raises two issues on appeal, which we consolidate and restate as the following single issue: Whether the trial court erred in concluding, as a matter of law, that the Board of County Commissioners (Commissioners)1 and County [951]*951Council (Council) 2 had no authority to en-eroach upon the rights of the Assessor and Recorder to appoint and discharge deputies.

FACTS AND PROCEDURAL HISTORY

On January 1, 2009, the County, through the Commissioners and Council, entered into a Collective Bargaining Agreement (CBA) with UAW. The CBA was to remain in effect until December 31, 2011, at which point it would automatically renew for another year and will continue to renew each year until either party elects to terminate by providing sixty days' notice. The CBA provides that UAW is "the exelusive bargaining agent with respect to rates of pay, wages, hours of employment and other conditions of employment for all employees who are covered by this Agreement." (Appellant's App. p. 23). Among other provisions, the CBA mandates that covered employees pay dues to UAW as a eondition of their continued employment; sets forth a detailed grievance procedure that includes binding arbitration; imposes a progressive disciplinary action regimen favoring corrective rather than punitive measures; and creates a hierarchy of employees whereby hiring, layoffs, and promotions are based on seniority.

In November of 2010, the voters of Madison County elected a new Assessor, Larry Davis, and a new Recorder, Angela Shelton (collectively, Officials)3 Shortly after the election, in mid-November, the County's human resources director provided the Assessor-Elect and Recorder-Elect with copies of the County Personnel Handbook, the CBA, and various other documents. The human resources director informed the Officials that the employees in their offices were subject to the CBA. On January 1, 2011, the newly-elected Officials assumed office. The Assessor learned that his office had one first deputy and fourteen other deputies and employees, and the Recorder learned that her office had one first deputy and six additional deputies. As the Officials transitioned into their positions, both became aware of severe deficiencies in their offices, including substantial backlogs, non-compliance with State-mandated reports and other deadlines, outdated and unorganized systems, and failed audits by the State Board of Accounts.

Prior to beginning his term, on December 27, 2010, the Assessor-Elect notified five deputies and employees "that they would be relieved of their duties upon [his] taking office." (Appellant's Supp.App. p. 67). On December 30, 2011, UAW delivered a grievance to the Assessor on behalf of two of the discharged individuals, longtime deputy assessors Lelia Kelley (Kelley) and Linda Stephens (Stephens), charging that the Assessor had violated the CBA's provisions for progressive disciplinary action and non-diserimination, and had "wrongfully and illegally discharged" Kelley and Stephens (Appellant's Supp. App. pp. 26-27). UAW demanded the issue be immediately resolved through binding arbitration pursuant to the terms of the CBA. The Assessor requested a certification from UAW of the positions covered by the CBA, which UAW did not provide. On January 18, 2011, the Commissioners requested that the Assessor reinstate Kel[952]*952ley and Stephens. The Assessor refused, explaining that, under Indiana law, he may appoint his own deputies and employees.4

Less than two months into the new term, on February 17, 2011, UAW filed two more grievances with the Assessor, asserting that any employees who had not paid their union dues must be terminated and requiring the Assessor to recognize UAW as the exclusive bargaining agent because the "Assessor's office is an entity of Madison County and hereby deemed as the employer in accordance with the CBA." (Appellant's Supp.App. pp. 31-82). In three more grievances filed the same day, UAW claimed that the Assessor had breached the CBA by disciplining Theresa Newman (Newman) without the presence of UAW representation, and had discriminated against her on the basis of her political affiliation. The Assessor explained that he had addressed Newman's failure to timely submit a report but did not discipline her and, believing his office was not subject to the CBA, took no action to comply with the CBA's grievance process.

When the Recorder assumed her office on January 1, 2011, with the exception of a part-time deputy whose salary was not included in the budget, she retained and swore in all of the incumbent deputies. On March 18, 2011, having observed her staff's performance, the Recorder terminated a deputy recorder, Jodi Fesler (Fes-ler), for continuing to do "substandard work" despite being given several opportunities to improve. (Appellee's Br. p. 10). Thereafter, on March 21, 2011, UAW filed a grievance with the Recorder, claiming that she had violated the progressive disciplinary system and non-discerimination provisions outlined in the CBA and requesting Fesler's reinstatement. On March 30, 2011, the Recorder notified UAW, as well as the Commissioners and Council, that she believed the CBA did not bind her office, and she declined to reinstate Fes-ler5 On November 21, 2011, the Officials each submitted a letter to the Commissioners and the Council that stated it was their understanding that they were not governed by the CBA and would not authorize the Commissioners and Council to negotiate a new CBA to govern their deputies and employees.

On June 27, 2011, UAW filed its Complaint, alleging the County had breached the CBA. UAW sought an injunction for the reinstatement of the two deputy assessors, Kelley and Stephens, and further sought recognition from the County that UAW is the exclusive bargaining representative for the Officials' deputies. On July 18, 2011, UAW amended its Complaint to include the Officials as defendants.

On April 16, 2012, the Officials moved for summary judgment, contending the Commissioners and Council lacked the "authority to unilaterally bind non-consenting, independently elected officials" to the CBA, which "restricted the elected officials in their appointment, removal and supervision of deputies and employees." (Appellant's Supp.App. pp. 59-60). On October 25, 2012, the trial court held a hearing on the Officials' summary judgment motion, at which the County adopted the Officials' motion. On January 1, 2018, the trial court entered Findings of Fact and [953]*953Conclusions of Law and entered summary judgment in favor of the County Group.

UAW now appeals. Additional facts will be provided as necessary. ‘

DISCUSSION AND DECISION

UAW challenges the trial court's summary judgment because "it is based on an erroneous interpretation and application of the statutory provisions governing the respective authority and duties of the Commissioners and the elected officials." (Appellant's Br. p. 8).

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999 N.E.2d 949, 2013 WL 6657355, 2013 Ind. App. LEXIS 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-1963-of-the-united-automobile-aerospace-agricultural-implement-indctapp-2013.