State v. Public Employment Relations Board

744 N.W.2d 357, 183 L.R.R.M. (BNA) 2878, 2008 Iowa Sup. LEXIS 19, 2008 WL 343835
CourtSupreme Court of Iowa
DecidedFebruary 8, 2008
Docket06-0430
StatusPublished
Cited by22 cases

This text of 744 N.W.2d 357 (State 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
State v. Public Employment Relations Board, 744 N.W.2d 357, 183 L.R.R.M. (BNA) 2878, 2008 Iowa Sup. LEXIS 19, 2008 WL 343835 (iowa 2008).

Opinion

TERNUS, Chief Justice.

The appellant, Public Employment Relations Board (PERB), ordered the State to produce documents requested by the inter-venor union, AFSCME Iowa Council 61, for use in several employee grievance proceedings. The State sought judicial review, claiming PERB’s order exceeded the authority granted to it under Iowa Code chapter 20 (2001) because the State’s failure to disclose the documents was not a willful violation of that statute. The district court agreed, ruling PERB could not provide relief to the union unless PERB found a willful violation.

On appeal to this court, PERB contends it has statutory authority to remedy non-willful, as well as willful, violations of chapter 20. After considering the arguments of the parties and relevant authorities, we *359 agree with the district court that PERB exceeded its authority. Therefore, we affirm the district court’s reversal of PERB’s order.

I. Background Facts and Proceedings.

This appeal had its genesis in the State’s discipline of bargaining unit employees represented by the union. In the summer of 2002, these employees were disciplined for inappropriate email usage. The employees then pursued the grievance procedure outlined in the collective bargaining agreement, which eventually led to binding arbitration. In preparation for the arbitration hearings, the union asked the State to produce records of discipline imposed on management employees for similar misconduct. The State refused to produce these records, claiming they were confidential.

Shortly thereafter, the union filed two prohibited practice complaints with PERB. In these complaints, the union asserted the State had violated Iowa Code section 20.10(2)(a), (6), and (f) in refusing to produce the requested documents in the grievance process. An evidentiary hearing was held on these complaints before an administrative law judge (ALJ).

While the parties were awaiting a decision from the ALJ, the union served a subpoena duces tecum in one of the grievance proceedings, requesting various documents regarding the investigation and discipline of all State employees for email usage in July of 2002. The State filed a motion to quash, which was sustained in part and overruled in part by an arbitrator on September 8, 2003.

Shortly after the arbitrator quashed, in part, the union’s subpoena, the ALJ issued a proposed decision on the union’s prohibited practice complaints. The ALJ concluded the State’s refusal to produce the requested documents violated its “statutory duty to bargain in good faith” under section 20.9. Although not cited by the union in its complaints, section 20.10(1) makes it a prohibited practice “to willfully refuse to negotiate in good faith with respect to the scope of negotiations defined in section 20.9.” Iowa Code § 20.10(1) (emphasis added). The ALJ stated there was no evidence in the record that would establish the willfulness of the State’s violation of section 20.9. Nonetheless, the ALJ held “PERB’s remedial authority is not limited to only those situations where prohibited practices have been established, but also extends to ‘ordinary violations.” Accordingly, the ALJ ordered the State to disclose the requested information “for the limited purpose of preparing for and litigating these specific grievances.” On appeal to the agency, the ALJ’s proposed decision was adopted by PERB in spite of its knowledge of the conflicting decision by the arbitrator.

The State sought judicial review in the district court. After analyzing the statutory provisions, the district court held PERB did not have the power to remedy “ordinary,” i.e., nonwillful, violations of section 20.10. Therefore, the district court reversed PERB’s decision. PERB has appealed.

II. Scope of Review.

The narrow issue before this court is whether Iowa Code chapter 20 provides for “ordinary” violations of section 20.10, and if so, whether the statute gives PERB authority to remedy such violations. 1 To *360 resolve this issue, we must interpret the statute. Generally, the interpretation of a statute is a matter of law for this court. See Insituform Techs., Inc. v. Employment Appeal Bd., 728 N.W.2d 781, 800 (Iowa 2007). “Nevertheless, we are required to give appropriate deference to the agency’s interpretation in certain situations.” Id. Under the Iowa Administrative Procedure Act, we give deference to an agency’s interpretation of a statute if interpretation of the statute “has clearly been vested by a provision of law in the discretion of the agency.” Iowa Code § 17A.19(10)(Z) (providing for reversal under such circumstances only if agency’s interpretation was “irrational, illogical, or wholly unjustifiable”).

Upon our review of chapter 20, we conclude PERB has not been granted interpretive discretion with respect to that statute. In relevant part, section 20.1 provides:

The general assembly declares that the purposes of the public employment relations board established by this chapter are to implement the provisions of this chapter and adjudicate and conciliate employment-related cases involving the state of Iowa and other public employers and employee organizations.

Id. § 20.1 (emphasis added). In addition, this section describes the powers and duties of PERB to include determining appropriate bargaining units, adjudicating prohibited practice complaints, fashioning appropriate remedial relief for violations of chapter 20, acting as arbitrators, providing mediators, collecting and disseminating information, and assisting the attorney general in preparation of legal briefs. See id. Section 20.6 provides further detail for the duties and powers of PERB, requiring the board to administer the provisions of ehap-ter 20, collect data, establish minimum qualifications for arbitrators and mediators and their compensation, hold hearings, and adopt rules “to carry out the purposes of this chapter.” See id. § 20.6.

While it is obvious the legislature has afforded PERB extensive powers to implement and administer the provisions of chapter 20, it is not clear that the legislature intended to delegate interpretive powers to PERB. See Waterloo Educ. Ass’n v. Iowa Pub. Employment Relations Bd., 740 N.W.2d 418, 420 (Iowa 2007) (holding “whether a proposal is a mandatory subject of collective bargaining, as defined by Iowa Code section 20.9, has not been explicitly vested in PERB’s discretion”). Compare Mosher v. Dep’t of Inspections & Appeals, 671 N.W.2d 501

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

Related

Plymouth County ex rel. Raymond v. Merscorp, Inc.
886 F. Supp. 2d 1114 (N.D. Iowa, 2012)
Renda v. Iowa Civil Rights Commission
784 N.W.2d 8 (Supreme Court of Iowa, 2010)
Clay County v. Public Employment Relations Board
784 N.W.2d 1 (Supreme Court of Iowa, 2010)
Alcor Life Extension Foundation v. Richardson
785 N.W.2d 717 (Court of Appeals of Iowa, 2010)
Iowa Land Title Ass'n v. Iowa Finance Authority
771 N.W.2d 399 (Supreme Court of Iowa, 2009)
American Eyecare v. Department of Human Services
770 N.W.2d 832 (Supreme Court of Iowa, 2009)
Dorr v. Weber
635 F. Supp. 2d 937 (N.D. Iowa, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
744 N.W.2d 357, 183 L.R.R.M. (BNA) 2878, 2008 Iowa Sup. LEXIS 19, 2008 WL 343835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-public-employment-relations-board-iowa-2008.