Maquoketa Valley Community School District v. Maquoketa Valley Education Ass'n

279 N.W.2d 510, 102 L.R.R.M. (BNA) 2056, 1979 Iowa Sup. LEXIS 820
CourtSupreme Court of Iowa
DecidedMarch 21, 1979
Docket61337
StatusPublished
Cited by11 cases

This text of 279 N.W.2d 510 (Maquoketa Valley Community School District v. Maquoketa Valley Education Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maquoketa Valley Community School District v. Maquoketa Valley Education Ass'n, 279 N.W.2d 510, 102 L.R.R.M. (BNA) 2056, 1979 Iowa Sup. LEXIS 820 (iowa 1979).

Opinions

REYNOLDSON, Chief Justice.

Maquoketa Valley Community School District appeals from a district court judgment validating a collective bargaining arbitration decision rendered pursuant to section 20.22, The Code 1975. We reverse and remand.

Plaintiff District is a public employer within the meaning of the Public Employment Relations Act. Defendant Maquoketa Valley Education Association is the employee organization representing the District’s teachers, guidance counselors and librarians.

In September, 1975, the District and Association began negotiations to reach their first collective bargaining agreement. By the end of 1975 the parties had reached agreement on all subjects except salary and supplemental pay. Mediation was unsuccessful. January 81, 1976, the parties went to fact-finding. The Association accepted but the District rejected the fact-finder's findings and recommendations. February 24, the District filed a request with the Public Employment Relations Board (PERB) for binding arbitration.

In compliance with section 20.22 each party filed with PERB its final offer on the impasse items, a copy of the draft of the agreement to the extent agreement was reached, and the name of its arbitrator. The selected arbitrators, Edward Beatty for the District and Patrick Connolly for the Association, appointed Martin E. Conway of Minneapolis, Minnesota, as the third arbitrator and panel chairman.

The panel’s first meeting was held March 18. Each party presented evidence and arguments supporting its final offer. During this hearing the parties agreed on supplemental pay and withdrew that subject from the panel’s consideration.

Sometime in April but indisputably more than fifteen days after the panel’s first meeting, Conway sent the other arbitrators and PERB an “Award of Neutral Chairman.” Association arbitrator Connolly by subsequent letter “voted in favor” of Conway’s award.

By this action the District sought a declaratory judgment that the arbitration award was invalid because it incorrectly defined “impasse item” and because the decision was rendered more than fifteen days after the panel’s first meeting. The District further alleged the panel took no vote and failed to provide the parties with written notice and explanation of its decision.

The Association, by answer and counterclaim, denied the District’s contentions and sought enforcement of the agreement as finalized by the arbitration decision.

Each party filed a summary judgment motion supported by affidavits. Trial court sustained the Association’s motion, overruled the District’s and entered judgment for the Association. Although minor factual disputes are reflected in the pleadings, motions and affidavits, neither party objects to the above procedure. We find no genuine issue of material fact in the dispos-itive issue. But see Young Plumbing & Heating Co. v. Iowa Natural Resources Council, 276 N.W.2d 377, 381 (Iowa 1979).

I. Appeal from agency action. As a preliminary matter, the District did not [512]*512select the proper vehicle for challenging this arbitration decision. We are satisfied arbitration of a collective bargaining impasse is agency action, reviewable only pursuant to section 17A.19, The Code.

PERB is clearly an administrative agency subject to chapter 17A. See § 17A.2(1); Frazee v. Iowa Board of Parole, 248 N.W.2d 80, 82 (Iowa 1976). The sevéral PERA cases which have reached this court have followed the judicial review procedures of section 17A.19. See, e. g., City of Davenport v. PERB, 264 N.W.2d 307 (Iowa 1978).

The legislature has delegated to PERB some of its authority to control conditions of public employment. Determination of employment conditions in the public sector by collective bargaining is a privilege conferred by statute, and is conditioned upon the use of binding arbitration rather than strikes to resolve negotiation deadlocks. Supervision of bargaining and of impasse resolution is delegated to PERB. The legislature has determined, however, that absent agreement of the parties, an impasse shall be resolved by a panel of arbitrators.

“Agency action” means, among other things, all or part of an agency decision or its equivalent. § 17A.2(9). If the arbitration panel was composed of PERB members, officials, or employees, its decision would be agency action. There is no logical reason why the same decision by a panel of arbitrators should be viewed differently.

This conclusion is consistent with the premise underlying constitutional challenges to public employee collective bargaining statutes in other jurisdictions. See Annot., 68 A.L.R.3d 885, at §§ 3, 4 (1976). An examination of the cases there discussed indicates Iowa’s PERA delegates legislative authority, through PERB, to arbitrators. We need not consider the constitutionality of this delegation since the parties did not raise it.

In Salsbury Laboratories v. DEQ, 276 N.W.2d 830 (Iowa 1979), we held section 17A.19 provides the exclusive means of obtaining judicial review of agency action. As in that case, we will view the District’s timely filed petition as seeking judicial review of final agency action. See § 20.-22(13).

There is also a question of mootness in this case. The employment period expired June 30, 1977. We are being asked to declare a collective bargaining arbitration decision invalid due to defects in the arbitration process — which under our recent holding in City of Des Moines v. PERB, 275 N.W.2d 753 (Iowa 1979), did not occur until after the mandatory end point of negotiations under chapter 20 — and remand for reinstitution of the arbitration process to settle this wage dispute. Of course, the parties can always terminate the matter by settlement.

The late start for arbitration does not moot this case. City of Des Moines was expressly based on a union’s request for arbitration, in which request the employer did not join. Here the District requested arbitration when it was impossible to complete it timely. Both parties took affirmative statutory steps to implement the process. The Association never objected, despite the fact that at the time PERB was holding March 15 to be a bargaining and arbitration deadline. See City of Des Moines, 275 N.W.2d at 760. We took pains in City of Des Moines not to hold the March 15 deadline jurisdictional. Without an objection from one of the parties City of Des Moines simply does not apply; we need not search for a helpful exception. In this case the only objection raised was District’s repeated warning that the arbitration must be completed in fifteen days.

Arbitrating a salary schedule for an employment period which has expired may be anomalous, but enforcement of the rights of public employers and employees provided by chapter 20 makes it necessary.

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

Related

O'Hara v. State, Iowa Department of General Services
642 N.W.2d 303 (Supreme Court of Iowa, 2002)
Uni-United Faculty v. Iowa Public Employment Relations Board
545 N.W.2d 274 (Supreme Court of Iowa, 1996)
AFSCME/Iowa Council 61 v. State
484 N.W.2d 390 (Supreme Court of Iowa, 1992)
City of Dubuque v. Public Employment Relations Board
339 N.W.2d 827 (Supreme Court of Iowa, 1983)
Cunningham v. Iowa Department of Job Service
319 N.W.2d 202 (Supreme Court of Iowa, 1982)
Neumeister v. City Development Board
291 N.W.2d 11 (Supreme Court of Iowa, 1980)
Cedar Rapids Community School v. Cady
278 N.W.2d 298 (Supreme Court of Iowa, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
279 N.W.2d 510, 102 L.R.R.M. (BNA) 2056, 1979 Iowa Sup. LEXIS 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maquoketa-valley-community-school-district-v-maquoketa-valley-education-iowa-1979.