Legal Research AI

Fratus v. Marion Community Schools Board of Trustees

Court: Indiana Supreme Court
Date filed: 2001-06-06
Citations: 749 N.E.2d 40
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ATTORNEY FOR APPELLANTS:                ATTORNEYS FOR APPELLEES:

BRENDA FRANKLIN RODEHEFFER        Marion Community Schools


Monday, Rodeheffer Jones & Albright                Board of Trustees


Indianapolis, Indiana                        MICHAEL J. KILEY

                                             CRAIG R. PERSINGER
                                             Kiley, Kiley, Harker Michael
                                                & Certain
                                             Marion, Indiana

                                             Marion Teachers Association
                                             RICHARD J. DARKO

                                             ERIC M. HYLTON

                                             Lowe Gray Steele & Darko, LLP
                                             Indianapolis, Indiana

                                             ATTORNEYS FOR
                                             AMICUS CURAIE
                                             KAREN M. FREEMAN –WILSON
                                             Attorney General of Indiana

                                             JON LARAMORE
                                             Deputy Attorney General
                                             Indianapolis, Indiana



                                   IN THE

                          SUPREME COURT OF INDIANA


TERESA FRATUS, SHARON A. WILSON,  )
and WILMA B. HIGDON,                    )
                                        )    Supreme Court Cause Number
      Appellants-Plaintiffs,            )    27S02-0005-CV-295
                                        )
            v.                          )
                                        )
MARION COMMUNITY SCHOOLS          )
BOARD OF TRUSTEES, and MARION           )    Court of Appeals Cause Number
TEACHERS ASSOCIATION,             )     27A02-9901-CV-12
                                        )
      Appellees-Defendants.             )

                     APPEAL FROM THE GRANT CIRCUIT COURT
                     The Honorable Thomas R. Hunt, Judge
                        Cause No.   27C01-9802-CP-59

                           ON PETITION TO TRANSFER

                                June 6, 2001

RUCKER, Justice

      In a two-count complaint three former teachers sued  their  union  and
their school board over a  dispute  concerning  a  reduction  in  retirement
benefits.  The complaint alleged that the union breached its  duty  of  fair
representation and that the school board breached the terms of a  collective
bargaining agreement.  On grounds that the teachers failed to exhaust  their
administrative remedies, the trial court dismissed the  complaint  for  lack
of subject matter jurisdiction.  In a split decision, the Court  of  Appeals
reversed the trial court’s judgment concluding that exhaustion  of  remedies
was unnecessary.  Fratus v. Marion Cmty. Schs. Bd., 721  N.E.2d.  280  (Ind.
Ct. App. 1999).  We grant transfer and affirm in part and  reverse  in  part
the judgment of the trial court.

                        Facts and Procedural History

      Teresa Fratus, Sharon  Wilson,  and  Wilma  Higdon  (“Teachers”)  were
employed as classroom teachers in  the  Marion  public  school  system.   In
1997, Teachers gave formal notice to the Marion Community Schools  Board  of
Trustees (“School Board”) of their intent to  accept  early  retirement  the
following year.  Teachers anticipated that their retirement  benefits  would
be calculated under the terms  of  a  then  existing  collective  bargaining
agreement known as the 1995-1997 Master Contract.  Teachers were members  of
the Marion Teachers Association (“Union”),  the  exclusive  bargaining  unit
for teachers in the Marion public school  system.   Shortly  after  Teachers
gave written notice  of  their  intent,  the  Union  and  the  School  Board
renegotiated the agreement and produced a 1997-2000 Master  Contract.   When
Teachers retired, the School Board paid them benefits according to  the  new
agreement under which their  early  retirement  benefits  were  dramatically
reduced.
      Teachers filed a complaint alleging that the  Union  renegotiated  the
collective bargaining agreement  to  reduce  retirement  benefits  and  thus
breached its duty of fair representation.  The complaint also  alleged  that
the School Board breached its contract  with  Teachers  by  failing  to  pay
retirement benefits as outlined in the original Master Contract.  On  motion
by the School Board and the  Union,  the  trial  court  dismissed  Teachers’
complaint under Indiana Trial Rule  12(B)(1)  for  lack  of  subject  matter
jurisdiction.  On review, a divided Court of Appeals reversed  the  judgment
of the trial court.

                             Standard of Review

      In  ruling  on  a  motion  to  dismiss  for  lack  of  subject  matter
jurisdiction, the trial court  may  consider  not  only  the  complaint  and
motion, but also any affidavits or evidence submitted in support.  Perry  v.
Stitzer Buick GMC, Inc., 637 N.E.2d 1282, 1287  (Ind.  1994).  In  addition,
the trial court may  weigh  the  evidence  to  determine  the  existence  of
requisite jurisdictional facts.  Id.  Our standard for reviewing  the  trial
court’s  ruling  on  a  motion  to  dismiss  for  lack  of  subject   matter
jurisdiction is dependent upon whether the  trial  court  resolved  disputed
facts and if the trial court resolved disputed facts, whether  it  conducted
an evidentiary hearing or ruled on a paper record.  GKN Co. v. Magness,  744
N.E.2d 397, 401
(Ind.  2001).   Where  as  here,  the  facts  before  the  trial  court  are
undisputed we review the trial court’s ruling de novo.  Id.

                                 Discussion


                    I.  Teachers’ claim against the Union

      At the heart of the parties’  argument  is  the  question  of  whether
Teachers were required to file their complaint with  the  Indiana  Education
Employment Relations Board (“IEERB”) before they were entitled  to  judicial
review.  As the Court of Appeals  noted, “[i]f the  Teachers  were  required
to file their claims with the IEERB, the trial court’s order was correct  as
[a] party’s  failure  to  exhaust  its  administrative  remedies  creates  a
jurisdictional defect and makes a T.R. 12(B)(1) motion to dismiss  for  lack
of subject matter jurisdiction appropriate.”   Fratus,  721  N.E.2d  at  285
(quotation omitted).
      The  Certificated  Educational   Employee   Bargaining   Act   (“Act”)
recognizes the right  of  school  employees  to  organize  and  collectively
bargain through school employee associations.  Ind.  Code  §  20-7.5-1-1(b).
The Act creates  a  method  to  resolve  unfair  practices  by  both  school
employers and school employee organizations.  To obtain relief  from  unfair
practices, a school employee may file a complaint with the  IEERB,[1]  which
then  hears  and  decides  the  claim.   I.C.  §  20-7.5-1-11;   Evansville-
Vanderburgh Sch. Corp. v. Roberts, 464 N.E.2d  1315,  1317  (Ind.  Ct.  App.
1984).  Once the IEERB takes final action, a school  employee  may  petition
for judicial review.  I.C. § 4-21.5-5-4, 5.  In sum, a  person  may  file  a
petition for  judicial  review  only  after  exhausting  all  administrative
remedies  available  within  the  agency  authorized  to  exercise  judicial
review.  I.C. § 4-21.5-5-4; Town Council  of  New  Harmony  v.  Parker,  726
N.E.2d 1217, 1224 (Ind. 2000), amended on reh’g in part by  737  N.E.2d  719
(Ind. 2000); State Bd. of Tax Comm’rs v. Mixmill Mfg. Co., 702  N.E.2d  701,
704 (Ind. 1998) (“Administrative agencies have technical expertise in  areas
that the courts do not.  [I]n nearly all  circumstances  their  rulings  are
required before resort to a court is available.”).
      Teachers contend they are not required to pursue this  matter  through
the IEERB because the agency has no authority  to  adjudicate  claims  of  a
union’s breach of duty of fair representation.  In support,  Teachers  point
out that the Act defines “unfair  practice”  and  the  definition  does  not
include the breach of duty of fair representation.
      Teachers are correct that the Act does not specifically list the  duty
of fair representation as an unfair practice.  If this were the end  of  the
analysis, then we would be compelled to  conclude  that  Teachers  were  not
required  first  to  pursue  administrative  remedies  through  the   IEERB.
However,  the  question  of  whether  the  breach  of  the  duty   of   fair
representation is an unfair practice  is  a  case  of  first  impression  in
Indiana.  When interpreting an Indiana statute for the  first  time,  it  is
appropriate to look to the decisions of other  jurisdictions  that  construe
identical statutory provisions.  Bd. of Comm’rs of County of Knox v.  Wyant,
672 N.E.2d 77, 79-80 (Ind. Ct. App. 1996).   The  National  Labor  Relations
Act (“NLRA”) is the federal counterpart to the  Act.   The  two  are  nearly
identical  with  many  parallel  provisions  and  similar  language.[2]   We
therefore look to federal case law for guidance.  See Indiana   Civ.  Rights
Comm’n  v. County Line Park, 738 N.E.2d 1044, 1048 (Ind. 2000)  (relying  on
federal case authority interpreting the federal Fair Housing Act as a  guide
to interpreting Indiana’s Fair Housing Act).
      In 1935, Congress enacted the NLRA, which allows employees to  bargain
collectively through representatives of their own choosing.  29  U.S.C.A.  §
157 (1998).  Through its enactment, Congress intended to  exercise  whatever
constitutional power given to it to regulate commerce by  adopting  measures
to prevent or control specified unfair labor practices that provoke or  tend
to provoke strikes or  labor  disturbances  affecting  interstate  commerce.
NLRB v. Fainblatt, 306 U.S. 601,  607  (1939).   Congress  defined  what  it
meant by unfair labor practices and gave the National Labor Relations  Board
(“NLRB”) authority to hear and decide such claims.  29 U.S.C.A.  §§  158(b),
160 (1998).  Any person  aggrieved  by  the  NLRB’s  final  order  may  seek
judicial review.  29 U.S.C.A. § 160(f) (1998).
      Just as the Act does not include fair  representation  claims  in  its
catalog of “unfair practices” by school  employee  organizations,  the  NLRA
also does not  specifically  list  it  as  an  “unfair  practice”  by  labor
organizations.  See 29 U.S.C.A. § 158(b) (1998).  Nonetheless, federal  case
authority identifies such a breach by  labor  organizations  as  an  “unfair
labor practice” under NLRA.  See Vaca v. Sipes, 386  U.S.  171,  177  (1967)
(“It  is  now  well  established   that,   as   the   exclusive   bargaining
representative of the employees  in  [complainant’s]  bargaining  unit,  the
Union had a statutory duty fairly to represent all of those employees,  both
in its collective bargaining with [employer] and in its enforcement  of  the
resulting bargaining agreement.” (citations omitted) (emphasis added)).   As
one court explained:
      This  fiduciary  duty  of  fair  representation  in  the  negotiation,
      administration and enforcement of collective bargaining agreements has
      been imposed upon unions by federal law as an  obligation  correlative
      to the right of a union to represent all the employees in a bargaining
      unit as their exclusive bargaining agent despite the  contrary  wishes
      of a minority. . . .  It has since been expanded  as  a  principle  of
      general application to collective bargaining representatives, who  are
      required to “serve the interest of all members  without  hostility  or
      discrimination  toward  any,  to  exercise  [their]  discretion   with
      complete good faith and honesty, and to avoid arbitrary conduct.”


Bazarte v. United Transp. Union, 429 F.2d 868, 871 (3d Cir. 1970)  (emphasis
added).  We agree with the rationale of  the  federal  courts  and  conclude
that a breach of the duty  of  fair  representation  by  a  school  employee
organization is an unfair labor practice under  the  Act.  [3]  Accordingly,
Teachers’  claim  against  the  Union  is  a  matter  for  exclusive   IEERB
determination.  However, this does not  mean  that  the  trial  court  lacks
jurisdiction over the entire case.  Because another of Teachers’  claims  is
within the trial court’s jurisdiction, as
explained in greater detail below, although the trial court  must  refer  to
the IEERB that portion of Teachers’ complaint asserting claims  against  the
Union, the trial court nonetheless  retains  jurisdiction  over  the  entire
case until the IEERB reaches a final decision.  Thereafter the  trial  court
may address all claims properly before it.
                 II.  Teachers’ claim against the School Board
      Asserting that the School Board failed to pay them  according  to  the
terms of the collective bargaining  agreement  in  place  at  the  time  the
retirement notices were given, Teachers complain the School  Board  breached
its contract.  As such, according to Teachers, “[t]his case  is  and  was  a
proper matter of jurisdiction for the trial court.”   Br.  of  Appellant  at
15.  The construction of contracts and actions for their breach are  matters
of judicial determination.  Austin  Lakes  Joint  Venture  v.  Avon  Utils.,
Inc., 648 N.E.2d 641, 649 (Ind. 1995); Suyemasa v. Myers, 420  N.E.2d  1334,
1339 (Ind. Ct. App. 1981).  This is not a matter over  which  administrative
bodies  generally  assume  jurisdiction,  at  least  with   respect   to   a
freestanding claim.  See Austin Lakes, 648 N.E.2d at 650 (finding  no  legal
or factual questions reserved for agency decision  making  in  a  breach  of
contract claim).  By dismissing Teachers’  complaint  in  total,  the  trial
court effectively denied Teachers the only forum before which  their  breach
of contract claim against the School  Board  could  be  heard  and  decided.
Indeed, sometime after  the  trial  court  entered  its  judgment,  Teachers
presented their claim to  the  IEERB,  which  dismissed  it  asserting  “the
Complainants have alleged a purely contractual issue – that is, pursuant  to
which contract  is  the  School  Corporation  obligated  to  pay  retirement
benefits to Complainants – over which IEERB has no jurisdiction.”   App.  to
Reply Br. of Appellant at 6 (quoting Order of IEERB Hearing  Examiner).   We
conclude therefore that the trial court erred in dismissing Teachers’  claim
against the School Board. Rather, this is  a  claim  over  which  the  trial
court has jurisdiction.
       Having determined that Teachers’ claim against the Union is a  matter
for the exclusive jurisdiction of the IEERB, we are confronted here  with  a
case where one of the issues is a matter  for  administrative  determination
while the other is a matter for the court to decide.  In  that  instance  we
invoke the doctrine of primary jurisdiction which:
      comes into play when a claim is cognizable in a court but adjudication
      of the claim  “requires  the  resolution  of  issues  which,  under  a
      regulatory scheme, have been placed within the special  competence  of
      [an] administrative body; in such a  case,  the  judicial  process  is
      suspended pending referral of such issues to the  administrative  body
      for its views.”


Austin Lakes, 648 N.E.2d at 645 (quoting Hansen v. Norfolk  &  W.  Ry.  Co.,
689 F.2d 707, 710 (7th Cir. 1982)).  In  Austin  Lakes,  we  set  forth  the
analysis the trial court should undertake  when  confronted  with  cases  in
which its subject matter jurisdiction is contested  on  grounds  of  primary
jurisdiction or exhaustion of remedies.  Id. at 646-49.  We also  identified
various fact patterns under which the issue might arise.  Id.  For  example,
under one scheme, where an issue in the case is one that can be  decided  by
either the trial court or by  an  administrative  agency,  the  decision  to
invoke the doctrine of primary jurisdiction  is  within  the  trial  court’s
discretion.  Id. at 647.  However, “a trial court must invoke  the  doctrine
of primary jurisdiction where one (but less than all) of the issues  in  the
case requires exhaustion of remedies  before  judicial  review  can  occur.”
Id.  That is precisely the set of facts we have before us.  The trial  court
in this case must determine one of the issues while the other must first  be
presented to an administrative agency  before  judicial  review  may  occur.
Thus, while the trial court  retains jurisdiction  over  Teachers’  contract
claim  against  the  School  Board,  applying  the   doctrine   of   primary
jurisdiction requires the trial court to suspend any action  on  the  merits
until the IEERB renders a final decision  on  Teachers’  claim  against  the
Union.

                                 Conclusion

      We affirm that  portion  of  the  trial  court’s  judgment  dismissing
Teachers’ complaint against the Union.  In all other respects, the  judgment
of the trial court is reversed.  We remand this cause  to  the  trial  court
for further proceedings consistent with this opinion.

SHEPARD, C.J., and DICKSON, SULLIVAN and BOEHM, JJ., concur.

-----------------------
      [1]  The IEERB is the administrative agency created to administer  the
provisions of the Act.  I.C. § 20-7.5-1-9.
      [2]  For example, compare  Indiana  Code  section  20-7.5-1-7(b)  that
reads:  “It shall be an unfair practice for a school  employee  organization
or its agents to:   (1)  interfere  with,  restrain  or  coerce  (a)  school
employees in the exercise of the rights guaranteed by this chapter . . .  .”
with 29 U.S.C.A. § 158(b) (1998) that states:  “It shall be


an unfair labor practice for a  labor  organization  or  its  agents—(1)  to
restrain or coerce (A) employees in the exercise of  the  rights  guaranteed
in section 157 of this title . . . .”
      Also compare Indiana Code section 20-7.5-1-6(a) that  reads:   “School
employees  shall  have  the  right  to  form,  join,  or   assist   employee
organizations,  to  participate  in  collective   bargaining   with   school
employers through representatives of their own choosing . .  .  .”  with  29
U.S.C.A. § 157 (1998) that states:  “Employees shall have the right to self-
organization, to form, join,  or  assist  labor  organizations,  to  bargain
collectively through representatives of their own choosing . . . .”
      [3]  This conclusion is supported also by the doctrine of  legislative
acquiescence.  Although not binding, “[a]  long  adhered  to  administrative
interpretation dating from the legislative  enactment,  with  no  subsequent
change having been made in the statute involved,  raises  a  presumption  of
legislative acquiescence which is  strongly  persuasive  upon  the  courts.”
Ind. Bell Tel. Co., Inc. v. Indiana Utility Reg.  Comm’n,  715  N.E.2d  351,
358 (Ind. 1999).   The  Certificated  Educational  Employee  Act  was  first
enacted in 1973.  For at  least  a  quarter  of  a  century  the  IEERB  has
interpreted the Act as including the  duty  of  fair  representation  as  an
unfair practice and has routinely adjudicated such clams.  See,  e.g.,  Ruth
Ann Teague, U-76-5-4690, 1976-77 IEERB Ann. Rep. 593 (1976-77);  Independent
Educators of Fort  Wayne,  Inc.,  U-83-3-0235,  1983  IEERB  Ann.  Rep.  103
(1983); Sondra G. Estep, U-92-06-4710, 1994  IEERB  Ann.  Rep.  111  (1994);
Margaret M. Bunce, U-95-26-0235, 1996 IEERB Ann. Rep. 70  (1996);  Linda  C.
Sharp, U-98-11-2940, 1998 IEEB Ann. Rep. 26 (1998); Carolyn Ursey,  U-98-13-
5705,  1999  IEERB  Ann  Rep.  (1999).   If  the   General   Assembly   were
dissatisfied with IEERB’s long-standing interpretation, we presume it  would
have amended the Act accordingly.