Saydel Education Ass'n v. Public Employment Relations Board

333 N.W.2d 486, 117 L.R.R.M. (BNA) 3134, 1983 Iowa Sup. LEXIS 1519
CourtSupreme Court of Iowa
DecidedApril 20, 1983
Docket68099
StatusPublished
Cited by19 cases

This text of 333 N.W.2d 486 (Saydel Education Ass'n v. Public Employment Relations Board) 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
Saydel Education Ass'n v. Public Employment Relations Board, 333 N.W.2d 486, 117 L.R.R.M. (BNA) 3134, 1983 Iowa Sup. LEXIS 1519 (iowa 1983).

Opinions

LARSON, Justice.

This case concerns a school district’s proposal that certain criteria, other than seniority, be considered by it in connection with transfer or staff reductions. The issue is whether the proposal falls within the mandatory subjects of bargaining under our Public Employment Relations Act, Iowa Code chapter 20. Under the district’s proposal, skill, ability and experience, as well as seniority, must be considered in deciding which employees would be retained. In its administrative hearing on the issue, the Public Employment Relations Board (PERB) held the proposal was a mandatory subject of bargaining, and the district court agreed. We affirm.

The Saydel Education Association (association) is a certified employee organization under Iowa Code section 20.3(4), and the Saydel Consolidated School District (district) is a public employer under section 20.3(1). During the parties’ negotiation for a collective bargaining agreement for the 1981-82 school year, a disagreement arose concerning the district’s proposed means to effect transfers and staff reductions. The district proposed that its decision on whether to allow a voluntary transfer of a teacher, or to retain a teacher, in the face of required staff reduction, should be made on the basis of the teacher’s seniority, experience, education, “relative skill and ability” (as determined by the teacher’s evaluation), and other criteria. Under its proposal, seniority would be the deciding factor only if other considerations were relatively equal.

The association, on the other hand, maintained the employer must make those decisions based solely on seniority, unless the makeup of the resulting staff would no longer comply with minimum state standards.

Iowa Code section 20.9 establishes the perimeter of mandatory bargaining, providing in part that

[t]he public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer’s budget-making process, to negotiate in good faith with respect to wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and safety matters, evaluation procedures, procedures for staff reduction, in-service training and other matters mutually agreed upon.

(Emphasis added.)

Whether a proposal falls within the category of mandatory bargaining has significant impact because it determines whether impasse and arbitration procedures are available to settle a disagreement. City of Fort Dodge v. Iowa Public Employment Relation Board, 275 N.W.2d 393, 395 (Iowa 1979). If a proposal falls outside the classification of mandatory bargaining subjects, and is not one which is prohibited, it falls within a very broad classification, the “permissive” subjects of negotiation. It is in this classification, the association argues, that the other criteria must be placed. The association may elect to bargain on those issues, it claims, but it cannot be forced to do so under section 20.9.

In City of Fort Dodge v. PERB, the first case addressing the scope of section 20.9, we observed that “[cjonflicting views on the general philosophies of strict or broad appli[488]*488cations of the scope of negotiations have divided legal scholars and promise to furnish a fruitful area for future contention before the PERB and in the courts.” 275 N.W.2d at 394. This statement has proven to be prophetic. The extent of this court’s involvement in the interpretation of section 20.9, and the lack of unanimity on its scope, are obvious from a reading of the cases decided after City of Fort Dodge. See, e.g., Fort Dodge Community School District v. Public Employment Relations Board, 319 N.W.2d 181, 183-84 (Iowa 1982) (7-2; cash incentive for early retirement not mandatory subject of bargaining as “wages” or “supplemental pay”); Woodbine Community School v. Public Employment Relations Board, 316 N.W.2d 862, 864-65 (Iowa 1982) (5-0; proposal fixing the number of credit hours' to be earned by teachers was mandatory subject of bargaining, but portion seeking to establish kind of credit to be earned was not); City of Mason City v. Public Employment Relations Board, 316 N.W.2d 851, 854 (Iowa 1982) (6-3; proposal that when police officers became eligible for medicare, employer would provide supplemental policy to medicare and pay premiums, pertained to “retirement systems,” and thus, was not a mandatory subject of bargaining); Charles City Education Association v. Public Employment Relations Board, 291 N.W.2d 663, 668 (Iowa 1980) (5-2-2; proposal relating to nature of educational hours necessary for teachers to advance along salary schedule was not within term “wages,” and thus, not a mandatory subject of bargaining); Charles City Community School District v. Public Employment Relations Board, 275 N.W.2d 766, 775 (Iowa 1979) (6-3; proposal that medical and health insurance coverage be provided was mandatory subject, but proposal that grievance committee members be allowed to investigate during working hours without loss of wages was not). See also, Note, The Scope of Negotiations Under the Iowa Public Employment Relations Act, 63 Iowa L.Rev. 649, 673 (1978).

The legacy of these cases has been a restrictive view of the scope of mandatory bargaining under our act. In City of Fort Dodge, and cases following it, we have discussed the rationale for that view, and we need not repeat it here. Suffice it to say that the language of section 20.9, its legislative history, and its juxtaposition with broad employer rights under 20.7 have brought us to that view.

The association, in seeking a restrictive interpretation of section 20.9, plies waters quite unfamiliar to employees’ organizations, which have consistently sought a broad scope of negotiations. And, while employers usually favor a restrictive reading of section 20.9, this employer argues it should not be read that restrictively.

The gist of the association’s argument is that the laundry list of section 20.9 mandates negotiation on three relevant subjects: “[Sjeniority, transfer procedures, [and] ... procedures for staff reduction.” (Emphasis added.) Seniority is specifically mentioned in the list of mandatory subjects, but considerations such as skill and experience are not. According to the association’s argument, these additional criteria are substantive in nature and cannot be implied in the term “procedures” in view of our rule that section 20.9 must be narrowly construed.

As the district court noted, however, the association’s argument that “procedure” must be defined as merely “a particular way of accomplishing something or of acting ...

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Saydel Education Ass'n v. Public Employment Relations Board
333 N.W.2d 486 (Supreme Court of Iowa, 1983)

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333 N.W.2d 486, 117 L.R.R.M. (BNA) 3134, 1983 Iowa Sup. LEXIS 1519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saydel-education-assn-v-public-employment-relations-board-iowa-1983.