Untitled Texas Attorney General Opinion

THE ATKDRNEY GENERAL OF TEXAS AUWITN,TEXAR 18711 April 22,’1970 Honorable J. W. Edgar Oplnlon No. H- 613 Commissionerof Education Texas Education Agency Rer Authority of an independent 201 East 11th Street school district to deduct Auatln, Texas union dues from wages of Its custodial and maintenance employees who consent and to forward the deductionsto the Dear Dr. Edgar:’ union treasurer. Your recent letter to this office requested an opinion concerning the above referenced subject matter In which you aak speciflcallyas follows~ “Does the San Antonio IndependentSchool District have legalauthority to deduct union dues from custodial and maintenance employees’ wages upon their written aut,horizationand forward euch deductions to the Union Treasurer. The Board of Trustees by such conduct does not Intend In any manner to recognize the Union (a labor organization),as the bargaining agent for district employees0” The statute relating ~tothe general powers and dutiee of the Board of Trustees of independentschool districts Is Article 23.26 of the Texas Educatfon Code, Vernon’s Civil Statutes, which provides, in part: “(b) The trustees shall have the exclusive power to manage and govern the publfc free schools of the district. “(d) The trustees may adopt such rulear regulations,and by-laws as ,theydeem proper.” Article 2.07 of the Texas Eduoation Code, Vernon’s Ctvll Statutes, provides for the assignment, transfer or pledge of -2929- : . - Dr. J. W. Edgar, page 2 (~-613) compensationby teachers and school employees: "(a) The terms 'teacher'and 'schoolemployee' used in the section Include: (1) Any person employed by any public school district, In an executive, admlnlstratlve,or clerical capacity, or as teacher, or Instructor; This office held In Attorney Caneral's Oplnlon No. O-4033 (1941) that the predecessor of Article 2.07, supra, Article 2883a, Ver- non's Civil Statutes, supported deductions from teachers' salaries for participationIn a hospitalizationplan. Such opinion would also stand as sunoort for the oronositlonthat Artfcle 2.07. suora. specificallyauthorizes deductions from teachers' salarIes;-and*~~~ from the salaries of other employees lnciuded within the stamory classlflcatlonsset out above, for union dues. The question is whether or not maintenance and custodial employees are excluded from these classlflcatlons. We hold they ai?enot so excluded. We are required to Interpret a statute where possible In harmony with constitutionalconsiderations. The word "admlnis- tratlve' Is not a word of art and Is open to construction,being said to mean mlnlsterlal and havlnu to do with dallv affairs as dlstlngufshedfrom permanent matte&. 2 CJS 56, Admfnistrative; Maurltz v. Schwind, 101 S.W.2d 1085, 1090 (Tex.Clv.App.1937, error dfsm.). Consequently,admlnlstratlveemployeesmay lnclude~ custodial and maintenance employees. Article I, Section 3 of the Texas Constftutlonand the equal protection clause of the Fourteenth Amendment of the United States Constitutioncontemplateand insure that all persons similarly circumstancedshall be treated alike, both In nrlvlleges conferred and In llabllltles'lmposed. Classgow v. Terreil, lOO- Tex. 581, 102 S.W. 98 (1907); 16 Am,Jur.2d 848 C tft tlonal Law, Sec. 487. Nevertheless,It has been repeitebD:t he?d that a state may classify fts citizens into reasonable classes and apply different laws, or fts laws dffferently.to the classes without vlolatfng e ai protection. Railroad Commission of Texas v+ Mlller, 434 S.W.W r70 (Tex.Sup. 19681; Pattersonv. Clty of Dallas, 3!3> S.W.2d 838 (Tex.Civ.App.1962, error ref. n.r.e.)# appeal dismissed 83 S.Ct. 873# 372 U.S. 2511 9 L.Ed.2d 732. The reasonabilityof such classiffcatfonis tested by whether it Is based upon a real and substantialdifference having a relationshinto the subject of the particular enactment. CiEy of Houston va Houston Independent School District, 436 SOW.2d 568 (Tex.Clv.App.1968, modified on -2930- Dr. J. W. Edgar, page 3 (M-613) other grounds 443 S.W.2d 49). The United States Supreme Court in the case of Carrln ton Rash 380 U S 89 13 L Ed 2d 675 85 S Ct 775 (1965)e $mWI2d 304’(~ex.&.ap.1{64j, considered’s~lasslflcatl~nrelitlng to voting qualificationsIncluded In Article VI, Section 2 of the Texas Constitution. The question Involved whether a member of the Armed Forces stationed In Texas9 who was not a resident of Texas at the time of his entry Into military service, could vote In a Texas primary election. The Court on certiorarifrom the Texas Supreme Court decided that the classlflcatloncontained In the Texas Constitutionand which denied Petitioner’sright,to vote was a violation of the equal protection clause of the Fourteenth Amendment0 Justice Stewart, speaking for the Court On the basis for classification,said at 85 S.Ct., p* 780: “There Is no Indication In the Condtitution that occupation affords a permissiblebasis for dlstlngulshlngbetween qualified voters within the State0” In like manner, equal prqtectlon of the law requires that statutory classlflcatlonsbe made on some reasonable basis which does not-dlscrlmlnatebetween people who would otherwise stand on the same iooting, City of Houston, supra. As In the Carrlngton case, supraj occupationaldifferences here do not afford a per- mlsslble basfs for refusing custodial and maintenance employees a service otherwlse~granted to other employees of the school~dlstrlct. The manifest purpose of Article 2.07, Texas Education CodC, Ver- non’s Civil Statutes, at the time It was passed by the Legislature In 1941 as Article 2883a, was to provide school employees with a means to pledge or assign a part of thelr wages and salaries for payment of debts, when they were unable to furnish other security for debts. We, therefore, conclude that the Legislature Intended to act constitutionallyand that pursuant to the provisions of Articles 23.86 and 2.07, Texas Education Code, Vernon’s Civil Statutes, the trustees of an Independentschool district have the authority to deduct union dues from custodial and maintenance employees’wages upon their written authorizationIn accordance with Section 2.07 (b)(l) and forward such deductions to the treasurer of the union. SUMMARY An Independent school dfstrlct has the authority In accordance with Section 2.07(b)(l) of the Education -2931- Dr. J. W. Edgar, page 4 (M-6L3) Code through Its board of trustees to deduct union dues from the wages of its custodial and maintenance employees upon their written authorizationand to forward such deductions to the union treasurer. Oeneral of Texas Prepared by James H. Quick Assfstant Attorney Qeneral APPROVEDr OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Acting Co-Chairman Sc.ottGarrison Wayne Rodgers 2. T. Fortescue Ronald Luna MEADE F. GRIFFIN Staff Legal Assistant ALFREDWALKER Executive Assistant NOLA WRITE First Assistant -2932-