Spearfish Education Ass'n v. Spearfish School District 40-2

2010 SD 26, 780 N.W.2d 481, 2010 S.D. LEXIS 28, 188 L.R.R.M. (BNA) 2096, 2010 WL 970715
CourtSouth Dakota Supreme Court
DecidedMarch 17, 2010
Docket25243
StatusPublished
Cited by1 cases

This text of 2010 SD 26 (Spearfish Education Ass'n v. Spearfish School District 40-2) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spearfish Education Ass'n v. Spearfish School District 40-2, 2010 SD 26, 780 N.W.2d 481, 2010 S.D. LEXIS 28, 188 L.R.R.M. (BNA) 2096, 2010 WL 970715 (S.D. 2010).

Opinions

[482]*482MEIERHENRY, Justice.

[¶ 1.] The Spearfish Education Association (Association) filed a grievance against the Spearfish School District # 40-2 and Board of Education (collectively referred to as District) with the Department of Labor (DOL). The Association alleged that the District committed a grievable action when it failed to pay all teachers in the district according to the 2006-07 salary schedule, which was implemented as a result of a collective bargaining impasse. DOL found the District’s actions constituted a grievable offense. The District appealed to circuit court. The circuit court reversed DOL. The Association appeals. We reverse and remand.

FACTS AND BACKGROUND

[¶ 2.] The Association is the labor organization designated to represent the Spearfish teachers in negotiations with the District. The parties had a negotiated agreement for the 2005-06 school year but reached an impasse in negotiations for the 2006-07 school year. The duration of the 2005-06 agreement was stated in the agreement as follows: “If a successor agreement is not ratified by August 11, 2006, this agreement shall remain in effect until such time as a subsequent contract is approved by the parties or the implementation of contract terms pursuant to SDCL 3-18-8.2.” In the spring of 2006, the District and the Association began negotiating a successor agreement for 2006-07. While negotiations were still in progress, the District hired fifteen new teachers for the 2006-07 school year. These teachers were hired based on the 2005-06 salary schedule. The Association and the District continued negotiations over the summer months but were unable to reach an agreement. An impasse was declared, and DOL was asked to mediate. The mediation was unsuccessful, and the parties remained at an impasse.

[¶ 3.] Consequently, the District implemented its last offer for the 2006-07 school year on August 14, 2006, as required by statute. See SDCL 3-18-8.2. The District’s last offer incorporated a new salary schedule that departed significantly from the 2005-06 agreement. In implementing its last offer, the District adjusted the teachers’ salaries to reflect the new salary schedule. In doing so, the District discovered that seven of the fifteen new hires would receive lower salaries under the new salary schedule than the salaries listed in their individual contracts based on the 2005-06 salary schedule.

[¶ 4.] Without notifying the Association, the District unilaterally decided not to adjust the salaries of these seven teachers. After learning of the District’s action, the Association filed a grievance with DOL. The Association claimed that not paying all teachers according to the 2006-07 salary schedule was a grievable action. The Association argued that SDCL 3-18-8.2 required the District’s last offer to bind all teachers represented by the teachers’ union, regardless of its effect on individual salaries. The first issue on appeal is whether the District committed a grievable offense when it failed to apply its last offer to all teachers in the bargaining unit. The second issue involves the appropriate remedy if the District’s action constituted a grievable offense.

ANALYSIS

[¶ 5.] Whether the District committed a grievable offense when it failed to apply its last offer to all teachers in the bargaining unit.

Statutory Definitions and Public Employee Collective Bargaining

[¶ 6.] A public employee grievance is defined in SDCL 3-18-1.1 as follows:

[483]*483The term “grievance” as used in this chapter means a complaint by a public employee or group of public employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies or rules of the government of the state of South Dakota or the government of any one or more of the political subdivisions thereof, or of the public schools, or any authority, commission, or board, or any other branch of the public service, as they apply to the conditions of employment. Negotiations for, or a disagreement over, a nonexisting agreement, contract, ordinance, policy or rule is not a “grievance” and is not subject to this section.

(Emphasis added). The Association’s complaint alleges, among other things, that the District’s failure to apply the salary schedule to all teachers in the bargaining unit constitutes an “inequitable application” of the contract implemented by the District’s last offer.

[¶ 7.] Collective bargaining for public employees is generally governed by SDCL ch. 3-18 and SDCL ch. 60-9A. As public employees, teachers “have the right to form and join labor or employee organizations ... [and] the right to designate representatives for the purpose of meeting and negotiating with the governmental agency or representatives designated by it with respect to grievance procedures and conditions of employment....” SDCL 3-18-2. “A collective bargaining unit chosen for the purpose of collective bargaining by a majority of the employees in the unit shall be the exclusive representative of all employees in such unit[.]” SDCL 60-9A-3. The exclusive representative has authority to bargain on behalf of the unit “in respect to rates of pay, wages, hours of employment, or other conditions of employment.” SDCL 3-18-3. “The negotiations by the governmental agency or its designated representatives and the employee organization or its designated representatives shall be conducted in good faith.” SDCL 3-18-2. Failure to negotiate in good faith constitutes an unfair labor practice. SDCL 3-18-3.1; SDCL 3-18-3.2.

[¶ 8.] The results of negotiations are often referred to as trade agreements between the union and the organization. J.I. Case Co. v. NLRB, 321 U.S. 332, 334-35, 64 S.Ct. 576, 579, 88 L.Ed. 762 (1944). The United States Supreme Court described the agreements as follows:

Collective bargaining between employer and the representatives of a unit, usually a union, results in an accord as to terms which will govern hiring and work and pay in that unit. The result is not, however, a contract of employment except in rare cases; no one has a job by reason of it and no obligation to any individual ordinarily comes into existence from it alone. The negotiations between union and management result in what often has been called a trade agreement, rather than in a contract of employment.

Id.

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Related

Spearfish Education Ass'n v. Spearfish School District 40-2
2010 SD 26 (South Dakota Supreme Court, 2010)

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Bluebook (online)
2010 SD 26, 780 N.W.2d 481, 2010 S.D. LEXIS 28, 188 L.R.R.M. (BNA) 2096, 2010 WL 970715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spearfish-education-assn-v-spearfish-school-district-40-2-sd-2010.