Loney v. Grass Lake Public School District No. 3

322 N.W.2d 470, 5 Educ. L. Rep. 974, 1982 N.D. LEXIS 370
CourtNorth Dakota Supreme Court
DecidedJuly 30, 1982
DocketCiv. 10237
StatusPublished
Cited by8 cases

This text of 322 N.W.2d 470 (Loney v. Grass Lake Public School District No. 3) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loney v. Grass Lake Public School District No. 3, 322 N.W.2d 470, 5 Educ. L. Rep. 974, 1982 N.D. LEXIS 370 (N.D. 1982).

Opinions

ERICKSTAD, Chief Justice.

This is an appeal by the plaintiff, Nancy Loney, from an order of the District Court of Burleigh County, dated June 23, 1982, by which the court dissolved a temporary injunction against the Grass Lake Public School District No. 3 (hereinafter School District) and also ordered that Loney accept or reject by noon, July 8, 1982, the teacher contract offered to her by the School District. We reverse and remand.

Loney is the only teacher employed by the School District. On February 23, 1982, [471]*471she submitted a petition in the name of the Grass Lake Education Association requesting the School District to recognize her, as the only certificated teacher-employee of the School District, to be the appropriate negotiating unit for purposes of negotiating under Chapter 15-38.1, N.D.C.C., and to further recognize the Grass Lake Education Association as the exclusive representative to negotiate for the unit. It is undisputed that Loney constitutes the Grass Lake Education Association which is a title chosen by her to negotiate with the School District under the provisions of Chapter 15-38.1, N.D.C.C.

Although the School District has agreed to allow Loney to present her views it refuses to negotiate at any time with Loney under the terms and provisions of Chapter 15-38.1, N.D.C.C. In support of that position the School District asserts that because Loney is the only teacher in the School District there can be no “group of teachers” to constitute an appropriate negotiating unit as defined under Section 15-38.1-02, N.D.C.C. Loney asserts that although the definition of “appropriate negotiating unit” includes reference to “a group of teachers” the legislature intended that all certificated teachers should have the right to negotiate under the provisions of Chapter 15-38.1, N.D.C.C. On appeal we are asked to resolve the following issue:

Whether or not a teacher, who is the only certificated teacher-employee within a school district, has a right to negotiate with the school district under the provisions of Chapter 15-38.1, N.D.C.C.?

In construing Chapter 15-38.1, N.D.C.C., to resolve the issue raised by Loney on this appeal, it is necessary to consider the relevant provisions of the entire act. Subsection 15-38.1-12(1), N.D.C.C., imposes a duty to negotiate in good faith:

“The school board, or its representatives, and the representative organization, selected by the appropriate negotiating unit, or its representatives, shall have the duty to meet at reasonable times at the request of either party and to negotiate in good faith . ... ”

Subsection 15-38.1-02(3), N.D.C.C., defines an “appropriate negotiating unit”:

“ ‘Appropriate negotiating unit’ means a group of teachers having common interests, common problems, a common employer, or a history of common representation, which warrants that group being represented by a single representative organization in negotiations with a school board.”

Subsection 15-38.1-02(6), N.D.C.C., defines the term “teachers”:

“ ‘Teachers’ means and includes all public school employees certificated under chapter 15-36 and employed primarily as classroom teachers.”

Section 15-38.1-08, N.D.C.C., authorizes representative organizations to negotiate on behalf of the appropriate negotiating unit:

“15-38.1-08. Right to negotiate. Representative organizations shall have the right to represent the appropriate negotiating unit in matters of employee relations with the school board. Any teacher, or administrator, shall have the right to present his views directly to the school board.”

Section 15-38.1-01, N.D.C.C., which states the legislature’s purpose for enacting the chapter, is also relevant to a determination of the issue raised by Loney:

“15-38.1-01. Purpose. In order to promote the growth and development of education in North Dakota which is essential to the welfare of its people, it is hereby declared to be the policy of this state to promote the improvement of personnel management and relations between school boards of public school districts and their certificated employees by providing a uniform basis for recognizing the right of public school certificated employees to join organizations of their own choice and be represented by such organization in their professional and employment relationships with the public school districts.”

If the language of a statute is clear and free of all ambiguity the letter of the statute cannot be disregarded under the pretext of pursuing its spirit. Section 1-[472]*47202-05, N.D.C.C. If, however, the language of a statute is ambiguous or if adherence to the strict letter of the statute would lead to injustice or absurdity, the spirit of the law prevails over the literal meaning of the particular language of the statute for purposes of construing the statute to give effect to the legislative intent. Barnes County Education Association v. Barnes County Special Education Board, 276 N.W.2d 247 (N.D.1979).

We believe that Chapter 15-38.1, N.D. C.C., when considered as a whole, is ambiguous with regard to whether or not a teacher, who is employed as the only certificated teacher-employee of a school district, is entitled to negotiate with the school district under the provisions of that chapter. Because the term “group” generally means more than one, the use of the phrase “a group of teachers” to define an “appropriate negotiating unit” could arguably constitute a purposeful attempt by the legislature to exclude a sole teacher-employee of a school district from constituting an appropriate negotiating unit to negotiate under Chapter 15-38.1, N.D.C.C. However, there are other provisions within that chapter which arguably demonstrate a purposeful intent by the legislature to include all certificated teachers, irrespective of whether or not they are employed by single-teacher or multi-teacher school districts, under the negotiation provisions of Chapter 15-38.1, N.D.C.C. For example, the definition of “teachers” under Subsection 15-38.1-02(6), N.D.C.C., expressly includes all certificated public school employees who are employed primarily as classroom teachers; it makes no reference to excluding teachers employed within a single-teacher school district. Also, the stated purpose of the chapter, as set forth under Section 15-38.1-01, N.D.C.C., is to improve personnel management and relations between school boards and certificated employees “by providing a uniform basis” for recognizing the right of such employees to negotiate with the school districts.

In Barnes County Education Association v. Barnes County Special Education Board, 276 N.W.2d 247 (N.D.1979), a special education board asserted that it was not bound by the negotiation provisions of Chapter 15-38.1, N.D.C.C., because it was not a school board of a “public school district” as referred to under Sections 15-38.1-01, N.D. C.C., and 15-38.1-10, N.D.C.C. Upon concluding that Chapter 15-38.1, N.D.C.C., did apply to the special education board this Court stated:

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Loney v. Grass Lake Public School District No. 3
322 N.W.2d 470 (North Dakota Supreme Court, 1982)

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Bluebook (online)
322 N.W.2d 470, 5 Educ. L. Rep. 974, 1982 N.D. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loney-v-grass-lake-public-school-district-no-3-nd-1982.