Monroe County Community School Corp. v. Frohliger

434 N.E.2d 93, 3 Educ. L. Rep. 1090, 1982 Ind. App. LEXIS 1149
CourtIndiana Court of Appeals
DecidedApril 14, 1982
Docket1-1080A307
StatusPublished
Cited by8 cases

This text of 434 N.E.2d 93 (Monroe County Community School Corp. v. Frohliger) 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
Monroe County Community School Corp. v. Frohliger, 434 N.E.2d 93, 3 Educ. L. Rep. 1090, 1982 Ind. App. LEXIS 1149 (Ind. Ct. App. 1982).

Opinion

ROBERTSON, Judge.

The Monroe County Community School Corporation (school corporation) appeals the decision in a class action brought by William E. Frohliger on behalf of the Monroe County Education Association (MCEA). The trial court found that the MCEA was not paid in accordance with their contract. The school corporation’s counterclaim was denied.

We affirm.

The MCEA is comprised of and represents school teachers who work for the school corporation. The MCEA and the school corporation have engaged in salary negotiations since 1965. Although the parties have maintained a history of bargaining, the school corporation exerted a dominant position in their negotiations until the passage of the Certificated Educational Employees Bargaining Act (CEEBA), Ind. Code 20-7.5-1-1, which officially recognized the teachers’ right to participate in collective bargaining. Prior to the passage of CEEBA, there was no legally enforceable agreement between the parties.

The teachers are employed on individual employment contracts, the duration of which cover one year. The contracts are usually in effect from sometime in late August until May or June of the following year. In the fall of 1975, the parties entered into an agreement covering the 1975- *95 76 school year. The agreement contained a salary schedule for the 1976 calendar year, which covered the salary for the fall portion of the 1976-77 school year. The 1976-77 school year was to begin on August 23, 1976; however, in March of 1976, the school corporation changed the starting date to August 30, 1976. This change of the starting dates resulted in the 1976-77 calendar year consisting of one hundred seventy-five days rather than one hundred eighty days as provided in the bargaining agreement. The school corporation calculated the teachers’ salaries using a formula based upon an index for each year of teacher experience, multiplied by a factor of the number of days in the fall portion of the year, divided by the number of days in the school year. 1 The MCEA contends that the utilization of this formula deprived each teacher of 5/⅛ of their salary, as provided by the agreement.

The trial court found that the 1975-76 and 1976-77 collective bargaining agreements containing the 1976 calendar year salary schedule were clear and unambiguous, that the school corporation had unilaterally changed the starting date, and that the teachers were paid less than the amount required in the 1976 calendar year salary schedule. The school corporation had filed a counterclaim which alleged that it had employed the same formula in other years and the use of the formula, if it was improper, resulted in the teachers being overpaid in prior years. The trial court also concluded that the school corporation was precluded from relief on its counterclaim and ordered the parties to meet and attempt to resolve the amount of damages. The parties met and utilized a mathematical factor representing the percentage of lost wages the MCEA incurred. The factor was then multiplied by the individual teachers’ salaries for the year. The trial court also awarded prejudgment interest accruing from January 1, 1977.

On appeal, the school corporation argues the trial court erred by finding that 1975-76 and 1976-77 collective bargaining agreements were clear and unambiguous; that the school corporation was not entitled to an accounting for the years prior to 1976; and that the award of prejudgment interest was improper.

The school corporation concedes that the individual contracts of teachers are based upon a school year. Ind.Code 20-6-8-1. The contract dispute arose because the school corporation utilizes a calendar year in determining salaries. In determining the salary of any teacher, it is necessary to integrate the salary schedule contained in the collective bargaining agreement with the individual teacher’s contract.

The school corporation contends that the language in the bargaining agreements is ambiguous because the agreements do not define the method of computation or the number of days in the calendar year for salary purposes. The school corporation argues that the absence of these definitions creates an ambiguity in the bargaining agreements, thus, it is necessary to examine extrinsic evidence consisting of the prior bargaining history between the parties. The school corporation presented testimony that it had always utilized the number of days worked as a factor in computing base pay. The school corporation contends that in years in which the teachers worked more days than the agreements’ requirements, the utilization of the formula resulted in the teachers being paid more than the amount contained in the salary schedule. The school corporation argues that the trial court’s holding would result in teachers being paid the same amount whether they worked one hundred eighty days or more than one hundred eighty days.

The collective bargaining agreement contains a specific provision dealing with salary computation. The section provides:

i. Salary Computation
Effective January 1, 1976 to December 31, 1976, the base salary shall be $7,140. The beginning salary shall be calculated by multiplying this base by the index point appearing in the appropriate Train *96 ing and Experience cell of the January 1, 1976 salary schedule.

The trial court found that this provision was clear and unambiguous. It also found that the incorporation of the salary schedule to the individual contracts was not a renegotiation of compensation and did not affect the school corporation’s obligation to pay the MCEA the amount of the salary schedule.

The cardinal principle in interpreting contracts is to give effect to the meaning and intention of the parties, as expressed in the contract language. If there is no ambiguity, and the terms are plain and clear on the face of the document, such terms are conclusive as to the contract’s meaning. Boswell v. Lyon, (1980) Ind.App., 401 N.E.2d 735. The test for ambiguity in a contract is whether reasonable men would find the contract subject to more than one interpretation. Tastee Freez Leasing Corp. v. Milwid, (1977) 173 Ind.App. 675, 365 N.E.2d 1388. After examining the collective bargaining agreements, there is nothing within the language on salary computation to support the interpretation suggested by the school corporation. The agreement clearly requires that the base salary is to be multiplied by the index point representing the appropriate level of training and experience contained in the salary schedule. There is nothing to suggest that any language regarding the number of days worked was omitted.

Even if this court were to accept the school corporation’s argument, the trial court’s decision was correct. The school corporation unilaterally altered the starting date of the school year after negotiating the collective bargaining agreement. The change in the starting date resulted in the loss of five working days in the fall of 1976.

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Bluebook (online)
434 N.E.2d 93, 3 Educ. L. Rep. 1090, 1982 Ind. App. LEXIS 1149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-county-community-school-corp-v-frohliger-indctapp-1982.