Kalispell Education Ass'n v. Board of Trustees
255 P.3d 199
Mont.2011Background
- Hartford was a tenured high school science teacher whose employment spanned 1999-2008.
- In 2008 Hartford’s teaching certificate expired and, after notification, he continued teaching as a non-certified substitute.
- On December 11, 2008 Hartford was terminated; seven days later he obtained a new certificate valid July 1, 2008 to June 30, 2011.
- The District and KEA argued Hartford’s Teacher’s Contract and CBA status affected arbitrability under the CBA’s arbitration provisions.
- Hartford and KEA sought to compel arbitration under Article 13 of the CBA; the District sought declaratory relief that the Teacher’s Contract was void and not arbitrable.
- The district court ordered arbitration; the Montana Supreme Court affirmed, focusing on arbitrability under the CBA rather than merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hartford’s termination dispute is arbitrable under the CBA | Hartford/KEA contend the grievance falls within Article 13.1 and 13.8 arbitration. | District argues the Teacher’s Contract/CBA do not cover Hartford due to lack of current certification. | Arbitrable under the CBA; presumption of coverage applies. |
Key Cases Cited
- AT&T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643 (U.S. Supreme Court, 1986) (arbitration is a matter of contract; not all disputes may be arbitrated)
- Granite Rock Co. v. International Brotherhood of Teamsters, 130 S. Ct. 2847 (U.S. Supreme Court, 2010) (apply presumption of arbitrability when clause is ambiguous)
- Solle v. Western States Ins. Agency, 299 Mont. 237, 999 P.2d 328 (Mont. 2000) (arbitration thresholds and interpretation of arbitration clauses)
- Ratchye v. Lucas, 1998 MT 87, 288 Mont. 345, 957 P.2d 1128 (Mont. 1998) (arbitrability standards in Montana)
- Missoula Co. High Sch. Educ. Ass’n v. Bd. of Trustees, 259 Mont. 438, 857 P.2d 696 (Mont. 1993) (Montana policy favoring arbitration under CBA terms)
- Klein v. State ex rel. Mont. Dept. of Corrections, 2008 MT 189, 343 Mont. 520, 185 P.3d 986 (Mont. 2008) (exhaustion of remedies; coverage when arbitrable under CBA)
- Higgins Dev. Partners, LLC v. Skanska U.S.A. Bldg., Inc., 2009 MT 287, 352 Mont. 243, 216 P.3d 199 (Mont. 2009) (arbitrability and contract interpretation framework)