Walker County Board of Education v. Walker County Education Ass'n

431 So. 2d 948, 1983 Ala. LEXIS 4157, 113 L.R.R.M. (BNA) 2782
CourtSupreme Court of Alabama
DecidedApril 8, 1983
Docket81-245
StatusPublished
Cited by1 cases

This text of 431 So. 2d 948 (Walker County Board of Education v. Walker County Education Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker County Board of Education v. Walker County Education Ass'n, 431 So. 2d 948, 1983 Ala. LEXIS 4157, 113 L.R.R.M. (BNA) 2782 (Ala. 1983).

Opinion

EMBRY, Justice.

This is an appeal by the plaintiff, Walker County Board of Education (Board), from an order granting summary judgment which held that certain policies entered into by the Board and the Walker County Education Association (WCEA) and the Walker County Education Support Personnel Organization (WCESPO) were legally binding and unilaterally adopted actions of the Board and that the Board must comply with those policies to the extent they do not violate Alabama law. We affirm.

The Board is engaged in the general administration and supervision of the public schools of Walker County, except for the city schools of Jasper and Carbon Hill. The WCEA represents the Board’s professional employees and the WCESPO represents the support employees.

The issues raised on this appeal are attributable to the following facts:

A committee of the Board met with a committee of WCEA and WCESPO to discuss various matters of employment and to submit recommendations for adoption as policy. The Board considered those recommendations and on 25 May 1978 issued a written pronouncement adopting certain ones as policy for conducting and managing the schools. Subsequently, the Board filed those adopted policies with the state superintendent of education and made them available to all teachers employed by the county board.

On 14 May 1980, the Board gave notice to certain nontenured teachers and support personnel that their contracts would not be renewed for the 1980-81 school year. Notice to the teachers was given pursuant to § 16-24-12, Code 1975:

“Any teacher in the public schools, whether in continuing service status or not, shall be deemed offered reemployment for the succeeding year at the same salary unless the employing board of education shall cause notice in writing to be given said teacher on or before the last day of the term of the school in which the teacher is employed.... ”

A dispute then arose between the Board and WCEA and WCESPO concerning this reduction in personnel. WCEA and WCES-PO contended that these notices were in violation of the policies adopted by the Board and, therefore, challenged them under the grievance procedures contained in the adopted policies. The grievances were processed through the first two levels of the grievance procedures, but could not be resolved. When WCEA and WCESPO attempted to move to the third level of griev-[950]*950anee procedure, the Board refused to participate. The Board then filed suit in the circuit court of Walker County seeking a declaratory judgment that the adopted policies (exhibits A and A-l in its pleadings) were illegal and not binding upon the Board. The employee organizations answered by admitting all of the operative facts in the complaint. On 12 February 1981 the Board filed a motion for summary judgment asserting “there is no genuine issue as to any material fact and that Plaintiffs are entitled to a judgment as a matter of law.” WCEA and WCESPO filed a cross-motion for summary judgment on 30 March 1981 also alleging “no genuine issue of material fact.” The case was submitted upon the complaint, answer of the defendants, amended complaint of the plaintiff, motion for summary judgment of the plaintiff, amended answer and cross-motion for summary judgment of the defendants. On 26 August 1981 the trial court entered the following order granting WCEA and WCESPO’s cross-motion for summary judgment and denying the Board’s motion for same:

“This cause coming on for consideration and the parties having filed written briefs with the Court and appeared in open Court and orally argued the respective Motions for Summary Judgment and the Court having taken the same under advisement and after due and careful study of the legal issues and facts presented, the Court is of the opinion that there is no genuine issue of material fact involved and that this Motion for Summary Judgment is properly indicated for the disposition of the issues involved. The case is submitted upon the Complaint, Answer of the Defendants, Amended [Complaint] of the Plaintiffs, Motion for Summary Judgment of the Plaintiffs, Amended Answer and Cross Motion for Summary Judgment of the Defendants.

“The Court finds and the record reflects that the Plaintiffs adopted certain policies on May 25, 1978, applicable to all professional staff members in the Walker County School System which policies are fully set out in Exhibit A attached to the Complaint. Similar policies pertaining to the support personnel of the Walker County Educational System were later adopted as shown by Exhibit A-l. The Court finds that these policies were unilaterally adopted by the Plaintiffs after conferring with and receiving recommendations of representatives of the Defendants and were designated as ‘The Official Board Policy’ and were publicly filed in the State Superintendent’s Office as provided by Title 16 § 8(10) of 1975 Code of Alabama. The policies, as evidenced by Exhibit A as attached to the Complaint, contained a number of sections and included ‘Section 7, Dismissals’, ‘Section 8, Reduction in Personnel’, ‘Section 23, Grievance Procedure’. These sections refer to action to be taken by the Plaintiffs and dismissals, reductions of personnel, for whatever reason, and grievance procedure to be followed in the event the representatives of the Defendants had some question respecting the action of the board.

“Subsequent to the Plaintiffs’ adoption of the policies referred to which were attached and marked Exhibits A and A — 1 to the Complaint, and after said policies had been adopted and in effect more than two years, the Plaintiffs attempted a reduction in force of personnel. The Defendants filed a notice that the Plaintiffs’ contemplated reduction in force was being contested as provided in Section 23 of the Grievance Procedure in the policies adopted by the Plaintiffs.

The Court further finds that the Plaintiffs declined to follow the Grievance Procedure set out in the policies in Exhibit A, page 10, Section 23, and elected to file its Complaint for Declaratory Relief as reflected by the original pleading filed by the Plaintiffs herein.

“The Plaintiffs filed a Complaint for Declaratory Relief on July 14, 1980, asking this Court to determine:

“(1) Whether the Plaintiffs were required to continue with the provisions of the policies regarding grievances.

“(2) That the policies attached as Exhibits A and A-l were not binding on the Plaintiffs because the policies attempted to [951]*951negotiate conditions of employment not authorized by law.

“(3) That public employees could not abdicate or bargain away their legislative discretion and were not authorized to enter into such policies since the policies clearly limited their (Plaintiffs’) legislative discretion.

“(4) That said policies attempted to remove responsibility of public officials to operate educational programs of the county.

“(5) That certain sections contained in the policies are violative of established law.

“(6) That the policies attempted to modify laws passed to protect the public.

“(7) The policies were not binding on the Plaintiffs since they limited discretionary power of the board.

“(8) The policies have attempted to yield the public interest to the private sector.

“(9) The

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Walker Cty. Bd. of Educ. v. WALKER CTY. ED. ASS'N
431 So. 2d 948 (Supreme Court of Alabama, 1983)

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431 So. 2d 948, 1983 Ala. LEXIS 4157, 113 L.R.R.M. (BNA) 2782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-county-board-of-education-v-walker-county-education-assn-ala-1983.