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U.S.D. No. 279 v. SECY. OF KAN. DEPT OF HUMAN RESOURCES12/7/1990
REPORTER'S NOTE: TERRY L. BULLOCK, District Judge, was appointed to hear case No. 63,805 vice Justice Abbott pursuant to the authority vested in the Supreme Court by Article 3, ยง 6(f) of the Kansas Constitution.
The opinion of the court was delivered by
This is a civil action involving interpretation of the Professional Negotiations Act, K.S.A. 72-5413 et seq., in a dispute between the Jewell-Randall Education Association (Association) and the Board of Education of Unified School District No. 279 (Board).
The Board has appealed the district court's decisions that (1) the Association had authority to file a prohibited practice complaint after negotiations with the Board were completed and unilateral contracts issued, (2) the Board committed a prohibited practice in reducing the offered teacher salary by the costs of mediation and factfinding, (3) the Secretary of the Kansas Department of Human Resources (Secretary) had authority to order the Board to pay $7,700 to the Association as a remedy for violations of K.S.A. 72-5429, and (4) the authority of the Secretary to grant relief is not violative of the Kansas Constitution. The Secretary and Association cross-appeal the district court's rulings that (1) it is not a prohibited practice for the Board to include terms in unilateral contracts which were not noticed for negotiation nor negotiated and (2) failure to make the unilateral contracts retroactive was not a prohibited practice.
The facts of this case are not in dispute. Therefore, we adopt the statement of facts of the Court of Appeals:
"In January 1985, both the Association and the Board submitted notice of the items they proposed to negotiate for inclusion in the 1985-86 collective bargaining agreement in accordance with K.S.A. 1989 Supp. 72-5423(a). In the course of negotiations, the parties reached agreement on all issues except base salary and fringe benefits. In May 1985, both parties declared they were at impasse, and the impasse procedures of mediation and factfinding were initiated pursuant to K.S.A. 72-5427 and 72-5428. In October 1985, the Board's representatives rejected the factfinder's recommendations and made a counterproposal to the Association.
The counterproposal offered wage increases of 10.03% and fringe benefit increases, both effective with the December payroll, not retroactive to the beginning of the school year. In April 1985, prior to impasse, the Board had made the same offer except that it was to be effective with the beginning of the school year. The October offer was $8,536 less than the previous offer. The Association's negotiating team rejected the counterproposal. Since no agreement was reached, the Board issued each teacher in the district a unilateral contract which provided a wage increase of 10.03% and a fringe benefit increase, both effective with the December payroll. Eighteen of the twenty teachers signed the unilateral contracts.
"During the fall of 1985, several articles regarding the Board's proposal appeared in the Jewell County newspaper. The first discussed the factfinder's report, the Board's October proposal, and the Association's rejection of the proposal. The second article discussed the unilateral contract offer, stating:
"`The Board's new compensation package will become effective December 1, 1985. . . .
"`To date the Association's refusal to accept the Board's 10.03 percent offer has cost the school district over $7,700, not including the cost of the man hours required by the administration and board members to deal with the negotiations deadlock. The School Board does not feel that this cost should be borne by the taxpayers of USD 279.
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