Minneapolis Federation of Men Teachers v. Board of Education

56 N.W.2d 203, 238 Minn. 154, 1952 Minn. LEXIS 763
CourtSupreme Court of Minnesota
DecidedDecember 12, 1952
DocketNo. 35,829
StatusPublished
Cited by16 cases

This text of 56 N.W.2d 203 (Minneapolis Federation of Men Teachers v. Board of Education) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minneapolis Federation of Men Teachers v. Board of Education, 56 N.W.2d 203, 238 Minn. 154, 1952 Minn. LEXIS 763 (Mich. 1952).

Opinion

Matson, Justice.

Plaintiffs appeal from a judgment in an action brought under the uniform declaratory judgments act to determine whether the Minneapolis board of education and its superintendent of schools may annually compel tenure teachers to sign a contract of employment.

The board of education of Minneapolis, a city of the first class, on June 26, 1951, adopted a resolution establishing the school year as the contractual employment period for all certified personnel and requiring such personnel, i/neluding all teachers who hare acquired a tenure status under the teachers tenure act (M. S. A. 130.22 to 130.32), to sign a written contract for the ensuing year. Pursuant to this resolution, the board of education prepared for the signature of all tenure teachers the following written instrument:

[156]*156“Acceptance
“I accept the above appointment and agree to discharge my duties as such_to the best of my ability, and to abide by the laws of the State of Minnesota, the Charter of the City of Minneapolis, and the Rules and Regulations of the Board of Education of the City of Minneapolis.
“Dated_, 1951.
Teacher
“The acceptance must be received by the Board of Education of the City of Minneapolis on or before-!--”

The individual plaintiffs, George Beacom, Jean Robertson, and Peter P. Mankowski, are teachers with tenure rights under the teachers tenure act who bring this action in behalf of themselves and all similarly situated teachers. The other two plaintiffs are unincorporated labor organizations which include in their membership a number of teachers who either are on probation or have acquired a tenure status in the Minneapolis public school system.

Plaintiffs have brought this declaratory judgment action to determine whether tenure teachers can be compelled to sign any contract as a prerequisite for their continued employment. Pursuant to a prayer for injunctive relief to preserve the status quo between the parties, the trial court issued an order restraining defendants pendente Hte from submitting any contract to tenure teachers for signature. Upon final hearing the court found that the alleged contract was in no manner designed to disturb or change established salary schedules, to demote any teacher, or in any manner to impair any teacher’s tenure status. The court further found the contract to be fair, binding, and reasonable and that defendants were entitled to a judgment of dismissal because the individual plaintiffs had established no right to relief and because the other two plaintiffs, the labor organizations, were not proper parties. From the judgment entered we have this appeal.

Defendants assert that no justiciable controversy is involved and that therefore the court is without jurisdiction to render a [157]*157declaratory judgment. In support of their contention defendants advance the erroneous theory that in order to have a justiciable controversy the complaint must necessarily state a legal cause of action in the same sense as that term is ordinarily used in actions falling outside the uniform declaratory judgments act. (See, § 555.01.) Clearly, in order to constitute a justiciable controversy, there need not be such an actual right of action in one party against the other as would justify a granting of consequential relief but only a right on the part of the complainant to be relieved of an uncertainty and insecurity arising out of an actual controversy with respect to his rights, status, and other legal relations with an adversary party. Jurisdiction exists to declare the rights, status, and other legal relations of the parties if the complainant is possessed of a judicially protectible right or status which is placed in jeopardy by the ripe or ripening seeds of an actual controversy with an adversary party, and such jurisdiction exists although the status quo between the parties has not yet been destroyed or impaired and even though no relief is or can be claimed or afforded beyond that of merely declaring the complainant’s rights so as to relieve him from a present uncertainty and insecurity.2

In the light of these principles there can be little doubt that a justiciable controversy is here presented. Whether the instrument proposed for the signature of tenure teachers be called a contract or something else, complainant teachers have been and now are faced with a present uncertainty and insecurity with respect to their tenure status, and such uncertainty and insecurity will continue until the legal consequences attendant upon their signing, or upon their refusal to sign, the instrument have been judicially declared. Their insecurity is not based upon a hypothetical case which has no existence other than in the realm of future possibility [158]*158as in the case of Lee v. Delmont, 228 Minn. 101, 36 N. W. (2d) 530, but has an actual and present existence similar to that of the plaintiff in Harrington v. Fairchild, supra. Defendants take the position, however, that we have only a hypothetical state of facts because the board of education has not actually submitted the written instrument to tenure teachers for their signature, because the tenure teachers have not actually refused to sign, and, further, because there is no showing that their refusal to sign the instrument will adversely affect their tenure rights by way of either discharge or demotion. In the first place, defendants apparently overlook that, pursuant to the resolution adopted by the board, the so-called contract would undoubtedly have been submitted to the teachers if the restraining order had not been issued. Secondly, defendants mistakenly assume that a destruction of the status quo between the parties is a prerequisite to the establishment of a justiciable controversy. A justiciable controversy may clearly exist without first having an actual disruption of the existing legal relationships between the parties, and such a controversy does not lose its justiciable character because the court in the exercise of a sound discretion issues a restraining order to preserve the status quo until the rights of the parties have been declared. It is no defense that the court by appropriate action has prevented the ripening seeds of a controversy from becoming ripe.

We come to the fundamental issue of whether the board can compel a tenure teacher to sign the so-called contract. First we turn to the instrument itself to see what it contains. The first portion is simply a notice by the board to the individual teacher that she, subject to her acceptance, has been reappointed for the ensuing year with a salary in accord with the established schedule. The acceptance, or operative part, to be signed by the teacher does nothing more than signify her acceptance of the appointment and her intention to discharge her teaching duties for another year. It is true that the acceptance also requires a teacher to agree—

[159]*159“to abide by the laws of the State of Minnesota, the Charter of the City of Minneapolis, and the Rules and Regulations of the Board of Education of the City of Minneapolis.”

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Bluebook (online)
56 N.W.2d 203, 238 Minn. 154, 1952 Minn. LEXIS 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minneapolis-federation-of-men-teachers-v-board-of-education-minn-1952.