Mora Federation of Teachers, Local 1802 v. Independent School District 332

352 N.W.2d 489, 19 Educ. L. Rep. 385, 1984 Minn. App. LEXIS 3366
CourtCourt of Appeals of Minnesota
DecidedJuly 31, 1984
DocketNo. C1-84-355
StatusPublished

This text of 352 N.W.2d 489 (Mora Federation of Teachers, Local 1802 v. Independent School District 332) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mora Federation of Teachers, Local 1802 v. Independent School District 332, 352 N.W.2d 489, 19 Educ. L. Rep. 385, 1984 Minn. App. LEXIS 3366 (Mich. Ct. App. 1984).

Opinion

OPINION

PARKER, Judge.

This is an appeal from an order of the district court denying the appellant union’s motion to compel arbitration of a grievance. The court determined that under the terms of the collective bargaining agreement only a teacher, and not the union, could file a grievance. We reverse and order that the parties proceed to arbitration.

FACTS

In November 1983 the 1983-84 school calendar for Independent School District No. 332 was adopted and approved. The calendar provided for 185 teacher duty days and did not include reference to a computer workshop which the school board had previously informed the teachers would be scheduled for the upcoming year. In July 1983 the teachers were notified that the computer workshop would be held in August, several days before the school year was to begin.

Upon protest by the teachers, the Mora Federation of Teachers, Local 1802 (hereinafter “union”), the exclusive bargaining unit of the teachers, filed a class action grievance against the school district, alleging that the workshop extended the number of teacher duty days to 189, which modified the calendar and affected the teachers’ hours of work and compensation therefor.

The senior high principal, the superintendent of schools and the school board all determined that the union’s complaint did not meet the definition of “grievance” in the collective bargaining agreement and that the agreement made no provision for a class action brought by the union.

The union submitted a request for arbitration to the school district which the district denied, claiming that a list of arbitrators had not been supplied as required by the collective bargaining agreement. Upon denial of its request for arbitration, the union brought a motion in district court to compel arbitration. The district court de[491]*491nied the motion, concluding that the union lacked standing under the terms of the collective bargaining agreement to pursue this grievance.

ISSUES

1. Does the union have standing to pursue the alleged grievance?

2. Did the union follow the proper grievance procedures under the collective bargaining agreement?

3. Has the union alleged a grievance which is subject to arbitration under the collective bargaining agreement?

ANALYSIS

I

The threshold issue in this case, and the sole issue addressed by the district court, is whether the union is given authority by the collective bargaining agreement to pursue this grievance. The district court concluded that only a teacher, and not the bargaining representative, could file a grievance.

The collective bargaining agreement defines a “grievance” as:

[A]n allegation by a teacher resulting in a dispute or disagreement between the teacher employee and the school board as to the interpretation or application of terms and conditions of employment contained in this Agreement.

The school district argues that the above language requires a teacher actually to file the grievance, whereas the union’s position is that although a teacher must allege harm which results in a dispute, the teacher’s representative may actually file and pursue the action on behalf of the teacher.

The district court found the above language unambiguous and determined that a teacher must actually file the grievance. There are, however, other provisions in the collective bargaining agreement which support the union’s position that it may proceed on behalf of the teachers. Article II states:

In accordance with the PELRA the school district recognizes Local 1802 as the exclusive representative of teachers employed by the school board of Independent School District 332 * * * which, as exclusive representative, shall have those rights and duties as prescribed by the PELRA and as described in the provisions of this Agreement.

“PELRA” is the Public Employment Labor Relations Act, Minn.Stat. Ch. 179. The “rights and duties as prescribed by the PELRA” are those of an “employee organization,” which is defined in the statute as “any union or organization of public employees whose purpose is, in whole or in part, to deal with public employers concerning grievances and terms and conditions of employment.” Minn.Stat. § 179.63, subd. 5 (1982) (emphasis supplied).

By referring to this language in the statute, the parties’ agreement would appear to allow the union to file and arbitrate grievances on behalf of its members. Similar to an attorney who represents his clients and files actions on their behalf, a union’s duties include the representation of its employees and protection of their interests. Eisen v. State of Minnesota, Department of Public Welfare, 352 N.W.2d 731 (Minn.1984). Failure to indicate expressly in the agreement that the union cannot also file actions on behalf of its members makes the union’s argument that it has this authority both reasonable and plausible.

Language in Article XII, Section 2, of the parties’ agreement provides specifically that either party may be represented during any step of the procedure by any person or agent. Article V, Section 1, states:

Nothing contained in this Agreement shall be construed to limit, impair or affect the right of any teacher or h,is representative to the expression or communication of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or their betterment * * *.

(Emphasis supplied). The above language clearly lends support to the union’s position that it has standing to file this grievance on behalf of the teachers.

[492]*492The school district argues that an examination of the parties’ collective bargaining process in the past clarifies the intent of the parties and demonstrates that the agreement allows only a teacher to file a grievance. The school district has submitted an affidavit of the district superintendent stating that during the course of negotiating the collective bargaining agreement in the past, the union expressed a desire to include specific language defining “grievance” as a dispute by the union or a group of teachers. Because this language was never included in the agreement, the school board argues that somewhere in the negotiation process the union gave up the right to file a grievance on behalf of the teachers. It is just as possible, however, that the union, in fact, decided not to insist upon this express language because other provisions in the agreement (i.e., those provisions discussed above) already conferred this right by implication. It should be noted that at the same time this language was allegedly “bargained away,” the contract was modified to allow “either party” to be represented at any step of the grievance procedure, rather than only the school board, as the contract had previously provided.

The above analysis demonstrates that whether the agreement allows the union to file a grievance on behalf of its employees requires interpretation. The recent decision of Eisen v. State of Minnesota, Department of Public Welfare, 352 N.W.2d 731

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

Related

Cloquet Education Ass'n v. Independent School District No. 94
344 N.W.2d 416 (Supreme Court of Minnesota, 1984)
Atcas v. Credit Clearing Corporation of America
197 N.W.2d 448 (Supreme Court of Minnesota, 1972)
Brothers Jurewicz, Inc. v. Atari, Inc.
296 N.W.2d 422 (Supreme Court of Minnesota, 1980)
Eisen v. State, Department of Public Welfare
352 N.W.2d 731 (Supreme Court of Minnesota, 1984)
Minnesota Education Ass'n v. Independent School District No. 495
290 N.W.2d 627 (Supreme Court of Minnesota, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
352 N.W.2d 489, 19 Educ. L. Rep. 385, 1984 Minn. App. LEXIS 3366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mora-federation-of-teachers-local-1802-v-independent-school-district-332-minnctapp-1984.