Dickinson Education Association v. Dickinson Public School District

Before the 2013-2014 school year, the Dickinson Education Association and the Dickinson Public School District conducted negotiations and developed and agreed upon a series of negotiated master agreements that contained the terms and conditions of employment between the certified staff and the District. Between December 2012 and May 2013, the Association and the Dickinson Board of Education held collaborative bargaining team meetings for purposes of formulating a negotiated agreement. The Association and the District's negotiations covered various provisions for both the 2013-2014 and 2014-2015 school years, but the parties were ultimately unable to come to a resolution on all issues. In May 2013, after declaring an impasse, the parties sought the involvement of an education fact-finding commission. The Commission's report recommended: (1) a two-year contract; (2) that all items previously agreed to remain in the agreement; (3) the Board's final offer on salary in year one and year two of the two-year contract; and (4) the addition of one professional development day in year two of the contract. In late-July 2013, with the parties still unable to reach an agreement, the District unilaterally issued contracts based on the Commission's recommendations, containing provisions for the 2013-2014 and 2014-2015 school years. In August 2013, the Association petitioned the district court for a writ of mandamus and also filed an application for temporary restraining order and other supporting documents. The district court granted an alternate writ of mandamus, suspending the continuing contract offers made by the Board for the 2013-2014 school year, prohibiting the District from requiring the contract offers be returned until further court order, and ordering the District to execute a negotiated agreement for only the 2013-2014 school year. Later, district court issued an order quashing the alternate writ of mandamus and ordering that individual teaching contracts for the 2013-2014 school year based on the Board's final offer were due September 13, 2013. The Association's petition for writ of mandamus remained pending, and the parties agreed the issue before the court was whether the District could unilaterally issue contracts for the 2014-2015 school year based on the negotiation process. In October 2013, the district court granted the petition, concluding the unilateral offer of a two-year negotiated agreement was not lawful in North Dakota and the Association was entitled to an order of mandamus requiring the District to offer the Association a one-year negotiated agreement for the 2013-2014 school year. The District appealed. Finding no abuse of discretion or reversible error, the Supreme Court affirmed. View "Dickinson Education Association v. Dickinson Public School District" on Justia Law