Shenandoah Education Ass'n v. Shenandoah Community School District

337 N.W.2d 477, 114 L.R.R.M. (BNA) 2699, 1983 Iowa Sup. LEXIS 1653
CourtSupreme Court of Iowa
DecidedAugust 17, 1983
Docket68634
StatusPublished
Cited by20 cases

This text of 337 N.W.2d 477 (Shenandoah Education Ass'n v. Shenandoah Community School District) 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
Shenandoah Education Ass'n v. Shenandoah Community School District, 337 N.W.2d 477, 114 L.R.R.M. (BNA) 2699, 1983 Iowa Sup. LEXIS 1653 (iowa 1983).

Opinions

WOLLE, Justice.

The issue in this ease is whether we should enforce the decision of an arbitrator reinstating appellant Janice Garnder to her former teaching position in the Shenandoah Community School District, or instead enforce a contrary subsequent decision of an adjudicator upholding the board’s decision terminating her contract. The trial court vacated the arbitrator’s decision and enforced the decision of the adjudicator. We reverse because the arbitrator’s decision concerned an arbitrable subject, drew its essence from the parties’ collective bargaining agreement, and should have been enforced, ending the termination proceedings.

On March 2, 1981 the school district’s superintendent caused to be served upon Gardner a written notice of recommendation of termination, pursuant to Iowa Code section 279.15 (1981), citing as specified reasons fiscal problems (“budgetary constraints and economic necessity”) and program realignment. On March 3, 1981, Gardner requested a statutory private hearing, and on March 6, 1981 Gardner and the Shenandoah Education Association (association) as her collective bargaining representative filed a grievance under the negotiated collective bargaining agreement (negotiated agreement) between the district and the association. Thus two concurrent dispute-resolution procedures were initiated, the request for hearing triggering statutory appeal procedures provided by Iowa Code sections 279.15-.18 (1981), and the grievance leading toward arbitration under the negotiated agreement.

Pursuant to the statutory appeal procedures, an evidentiary hearing was first held before the district’s board of directors on March 19,1981. The board overruled Gardner’s request that the private hearing be continued until her grievance was resolved or decided by an arbitrator. The board then received evidence and by written decision dated March 23,1981 upheld the superintendent’s recommendation that she be terminated. Gardner filed a statutory appeal from that decision and an adjudicator, Richard F. Dole, was selected by the parties.

The grievance filed by Gardner and the association was not resolved in the steps provided by the negotiated agreement, and the parties selected an arbitrator, Edward T. Maslanka, to render an arbitration decision. Maslanka held an evidentiary hearing on May 1, 1981, and on May 15, 1981 he issued his decision finding that the district had violated the negotiated agreement in terminating Gardner. Maslanka ordered the board to rescind the termination notice and void its consequences, thereby directing that Gardner be reinstated. In arriving at his decision, the arbitrator found that the district had the authority to eliminate a position and to decide which programs it would retain; but he concluded that the district violated the negotiated agreement’s reduction-in-staff provisions by laying off Gardner and retaining another teacher, identified only as “teacher D.”

When the date arrived for a hearing before the adjudicator selected by the parties, Gardner moved to stay further proceedings on the ground that the arbitrator’s decision, if honored or enforced, would bind the district and bar termination of her contract. The district resisted the motion, and the adjudicator denied that request for a stay, held an evidentiary hearing on August 6, 1981, and by decision dated September 14, 1981 affirmed the decision of the board.

Gardner sought relief by initiating three separate actions in the trial court. First, on July 23, 1981, she joined with the association in filing a petition in equity seeking enforcement of the arbitrator’s decision. Shortly thereafter, on July 30, 1981, she filed a petition for judicial review of the adjudicator’s denial of her motion to stay the statutory proceedings before him. Before either of those matters was heard in the trial court, Gardner on October 8, 1981, filed a statutory notice of appeal seeking judicial review of the adjudicator’s decision [480]*480which upheld the board’s termination of her contract. The actions to enforce the arbitration decision and to review the adjudicator’s decision were consolidated on motion of the district, and they were heard by the trial court on March 15, 1982. The court vacated the arbitrator’s decision and affirmed the decision of the adjudicator, thereby upholding the district’s action in terminating Gardner.

The trial court rejected the arbitration decision on three alternate grounds: (1) that the arbitration decision was without effect because the decision to employ or terminate a teacher rests exclusively in the school board; (2) that the arbitrator exceeded his authority by basing his decision on matters not submitted to arbitration; and (3) that the record viewed as a whole established that there was just cause for terminating Gardner and no violations of the negotiated agreement by the district. The trial court upheld the adjudicator’s decision by finding it was supported by a preponderance of the competent evidence in the record.

In this appeal Gardner and the association contend that the arbitrator’s decision should have been honored and enforced, thereby making unnecessary the subsequent statutory appeal procedures which resulted in the adjudicator’s decision.

I. The Arbitration Decision. Each of the trial court’s reasons for rejecting the decision of the arbitrator should be considered separately.

A. Exclusivity of the Statutory Remedy. The trial court found that the decision whether to employ or terminate a teacher is not arbitrable but rather is exclusively the subject of action of the school board subject to statutory appeal procedures. The court based that conclusion primarily upon this court’s decision in Moravek v. Davenport Community School District, 262 N.W.2d 797 (Iowa 1978), which held that a master contract purporting to govern teacher contract terminations violated Iowa Code section 279.13 (1975) as then in force and was against public policy. 262 N.W.2d at 805. Moravek, however, is distinguishable because the controlling provisions of Iowa Code chapter 279 (1975) have since undergone substantial revision. The provision then in Iowa Code section 279.13 (1975) stating that “the action of the board shall be final” has been removed; non-probationary teachers are now allowed to appeal to an adjudicator whose decision can supersede the Board’s decision. Iowa Code §§ 279.-17-18 (1981). No longer is it against the public policy reflected in Iowa statutes for a school board’s termination decision to be overturned by an outside decision maker. Thus, Moravek did not reach the question here as to whether that outside decision maker could be an arbitrator pursuant to Iowa Code chapter 20 and the parties’ collective bargaining agreement rather than an adjudicator; chapter 20 was not mentioned in Moravek even though it had been enacted in 1975, taking effect in part on July 1, 1974.

In Bruton v. Ames Community School Dist., 291 N.W.2d 351, 354-55 (Iowa 1980), this court carefully traced the recent history of Iowa Code chapter 279, outlined the changes occurring after Moravek, and held “that the law now writes sections 279.13 to 279.19 of the Code into teachers’ contracts in Iowa.” 291 N.W.2d at 356. The school district in Bruton

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Shenandoah Education Ass'n v. Shenandoah Community School District
337 N.W.2d 477 (Supreme Court of Iowa, 1983)

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Bluebook (online)
337 N.W.2d 477, 114 L.R.R.M. (BNA) 2699, 1983 Iowa Sup. LEXIS 1653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shenandoah-education-assn-v-shenandoah-community-school-district-iowa-1983.