*1 INDEPENDENT SCHOOL DISTRICT COUNTY,
NO. 89 OF OKLAHOMA Body Corporate, Appellee,
Public
v. CITY OKLAHOMA FEDERATION TEACHERS,
OF LOCAL OF
AMERICAN OF FEDERATION
TEACHERS, AFL-CIO, Unincorpo- Association; al., Appellants,
rated et
(two cases).
Nos. 54554.
Supreme Court of Oklahoma.
June *2 agent for
(OCFT), bargaining to act as the appeals, In both educators. the area OCFT, appellees are appellants are the No. 89 and District Independent School board, of school the individual members to as District. hereafter referred presented is issue appeals the In both of sanc- the duration construction of proper on a imposed tions organi- representative once that bargaining engage a strike. zation or its members statute, entirety, provides: in its for herein provided for procedure “The be exclusive resolving impasses shall organization. professional recourse for the shall It nonprofessional organization or the to strike to strike or threaten resolving differences a means of as Any member of the board education. organ- nonprofessional or de- engaging in a strike shall ization wages during his full nied the amount pro- violation. If such organization nonprofessional fessional then members or its recog- organization shall cease to profession- nized as nonprofessional educators al or district shall be relieved with such representatives.” its The Dis- are these. The relevant facts action for initially sought, trict judicial determina- declaratory judgment, obligations respective rights and tion of the light the exist- of District OCFT its upon finding strike. Based teachers’ OCFT, recognized representative Groves, City, appel- Eric for J. Oklahoma were in educators, its members lees. 509.8, and that OCFT had of § violation Nance, City, Kenneth R. Oklahoma bargain- right to as thereby act forfeited appellants. 18, 1979, September ing agent, court following temporary District awarded SIMMS, Justice: injunctive enjoined from relief: OCFT bargaining agent for educators litigation gener- acting These arise appeals from District; enjoined District was employed by ated strike in Okla- year’s last teachers’ recognizing OCFT companion homa In these cases from City. OCFT; agent negotiating and from
are
orders
the dis-
asked to review two
enjoined
paying
from
legal
trict
and District was
court which affect the
status
Teachers,
any
report
who did not
wages
teacher
City
Oklahoma
Federation
appeal
point
but
engaged
At this
we stress that we must
appeals
posture
this
relief is
declaratory
from
address the
substance
54,235.
they came to this Court. The sole
relief
sought by the
District was
way of de-
September
On
OCFT
petition
filed a
claratory judgment defining the rights,
bargain-
with the District for election of a
*3
obligations
parties.
duties and
of the
The
representative
for the teachers
for
and
District
not
enjoin
did
seek to
the strike or
name
appear
its
on the
The Dis-
ballot.
attempt
compel
striking
the
teachers to
sought
trict
relief from the district court
return to the classroom
the office
denied;
which was
court
ordered OCFT
injunction.
of a
We are
mandatory
there-
placed on the
notwithstanding
ballot
presented
any question
fore not
con-
that
facts
the strike had
ended and that
cerning punishment imposed as and for con-
injunctions
full
temporary
remained in
tempt for violation of a
order.
court
specifically
force and effect. The order
did
ambiguous
The statute is
as to the dura-
finding
not make
or
any
determination
professional organization
tion for which a
what the status
of OCFT would be after
recognized.
particular
shall cease
be
The
election. The election was held
30
October
provision
question
reads:
and OCFT was certified the
and
winner
nonprofessional
“If the
or
majority choice
their
of teachers
act as
or its members
in a
bargaining representative.
then the
shall cease
The
sought
District thereafter
declarato-
recognized
of the
relief
ry
recog-
as to whether
could now
nonprofessional
or
nize
OCFT
violating
without
the court’s
and the school
be
district shall
relieved of
temporary injunctions.
court
with such
district
representatives.”
tion
its
that
jurisdic-
found
it had been divested of
in the
appeal
tion
matter based on the
arguments
support
respec-
With
temporary injunction
to this Court.
views,
parties
possible
tive
that
submit
Upon application,
jur-
original
assumed
period
constructions of the
for
time
which
and, exercising
isdiction
superintending
bargaining agent
cease to
would
be
court,
control over the district
returned the
recognized and the
relieved of
district
matter for that court’s
of:
determination
negotiate,
(1) during
peri-
are:
effect,
(1)
any,
that
the court’s in-
strike; (2)
od of
until a new
election is
junction
recognition
enjoining
had held;
forever;
OCFT
(3)
(4)
for a fair and
recognition
upon
of OCFT as bargaining
equitable period
judge
a trial
established
re-election;
light
of its
exercising
variety
his discretion.
(2)
imposed
and
the duration of sanctions
possible interpretations underscores the ne-
upon bargaining
judicial
representatives by
cessity
509.8.
for
construction
establish
meaning
scope
and
statute.
Pursuant to that order the
court
district
this is a
parties
Both
concede that
ease of
a hearing
held
decided
questions
and
those
impression
first
and that
Oklahoma
no
following
(1)
in the
manner:
that the re-
has a
which
other state
statute
reads like
injunc-
election OCFT did
affect the
our 509.8.
tion;
(2)
that
should suffer some
OCFT
engaging
“retribution” for
in an
in construing
The cardinal rule
teachers’ strike
a suitable
and that
legislation
Leg
that
intention
duration
retributive sanction would be
ascertained,
islature,
govern,
when
must
until December
1980. The court there-
intent
and that
to ascertain that
all the
temporary injunction
fore ordered the
en-
legislative enact
portions
various
joining
acting
OCFT from
particular subject, including
upon
ments
representative to continue until December
subsequent enactments should
construed
31, subject
given
Ap
That order
as a whole.
together
effect
54,554.
appeal
Price,
(1923).
P. 424
peal
212
Okl.
profes-
procedure
choosing
statutes,
method and
harmony, not
construing
In
districts
in school
organizations
sional
confusion,
sought
parts
and when
is to be
35,000. The
attendance
average daily
a con
reasonably susceptible of
are
act
applicable to Oklahoma
provisions,
amended
give
will
effect to both and
struction
detail,
specific
forth in much more
City, set
each, without violence to
to the words of
proce-
things,
other
manner
among
adopted
either,
such construction should
conducting elections.
calling and
dure for
which, though reasona
preference
to one
problem
to the
particular significance
ble,
is a
Of
to the conclusion
there
leads
Commission,
now
us,
is the fact
that §
before
Tax
Rogers v. Oklahoma
conflict.
held
the first election
provides
after
l.,
P.2d 409
Ok
Act,
election shall
(1978)
under the
“[n]o
Act, of the 1971
local board
directed to be held
nego-
methods for
seq., creating
et
§§
which a valid elec-
bargaining unit within
and dis-
employees
between school
tiations
*4
(2)
two
preceding
tion
held in the
a bar-
of
providing
tricts and
for election
509.2(C)1.
proscription
This
years.” §
is
gaining representative
employees,
than
frequently
more
coming
an election
expressed in
as a means to
clearly
509.1
§
509.2(C)6.
every
years
repeated
is
at §
two
administering em-
“strengthen methods of
any
qualified
proscription
not
This
the
through
es-
ployer-employee relations
provide
Legislature
did not
manner.
of com-
orderly process
an
tablishment of
bargaining representa-
a
for an election of
employees and
munications between school
of a strike.
tive
in the event
to
held
the
mode of “commu-
school district.” The
to so
They certainly
opportunity
had an
pro-
a
nication” mandated to
in the amendments
509.2
provide
§
by
organization elected
the educa-
fessional
decertify or
intention to
had been
agent.
tors
The elec-
as their
indefinitely
permanent-
disqualify, either
Legislature
the
procedures
by
tion
created
mem-
organization
a
whose
ly,
professional
great
impor-
the Act are of
implement
illegal
engage in
strike.
bers
an
resolving
the
before us. Sec-
tance
issue
an
The title to an act is
additional
enacted,
509.2, as originally
tion
Oklahoma
ascertaining legislative intent.
guide to
(70 O.S.1971,
Laws,
325,
2
Session
ch.
§
Okl.,
Commission,
v.
Tax
Phillips Oklahoma
509.2) provided only generally that
(1978).
title is silent
577 P.2d
recognize
shall
a
“local board of education
imposed on a
length
sanction
any
of
professional
securing autho-
organization”
striking. The
professional organization for
professional
signed by majority
rization
a
non-recognition.
title does not even mention
district;
that
employed by
penalty
509.8
that
provides
Section
bargaining representatives
engaging in a
members for
individual
by majority
a
“shall
elected
wages “during
strike shall be denial
“an elec-
professional
educators” at
follow-
Immediately
period” of
proper
given”
tion
after
notice is
called
provisions for
language are the
organization
the educators and that
and re-
non-recognition
organization
shall be
exclusive
district of
lieving the school
educators.
subject
of 509.8
negotiate. The
matter
amended, Laws
provision
In 1978 the statute was
only
for time
“strikes” and the
1,
1978,
221,
O.S.Supp.1979,
during
ch.
now 70
forth in the statute “is
penalty set
period of such
provide
greater
detail
[strike]”.
educators,
pre-
title,
1971,
respectively, and
portion
fessional
Laws
The relevant
selecting
repre-
procedure
scribing
provide:
such
c.
*
**
sentatives;
making strike or threat
school;
relating
prescribing
“An Act
meth-
to strike
employ-
negotiating
ods for
between school
* * *
penalties; providing
providing
districts;
employing
ees and
re-
shall be
event of strike school districts
providing that local
shall
boards
education
* * *
negotiate;
.
recognize
representatives
lieved of
a ma-
selected
jority
nonpro-
educators and
say
organi-
The statute does not
that the
has done a vain or useless act.
In re Su
disqualified
or preme
etc., Okl.,
zation shall be decertified
Adjudication,
Court
otherwise cease to be the
(1979).
P.2d 1208
members,
but
that it “shall cease
these same reasons
For
recognized”
representative.
as such
us,
uphold,
as appellees urge
“equi
provision
There is no
in the entire Act for
table” solution created
the trial
profes-
a
court.
decertification or recertification of
Nothing in the Act or
organization.
support
sional
509.8would
interpretation
allowing penalty period
presumption
Legisla
is that
to be established at the discretion of indi
ture
expressed its intent in
statute and
Also,
judges.
vidual trial
there is no room
that it
expressed.
intended what it
Rath v. under
“equitable”
these statutes for an
cre
LaFon, Okl.,
this would lengthy be for a stronger against Whether a sanction possibly up to two a strike years should professional organization, a one which is election, immediately occur after an as the sought more in line with the retribution proscribes qualification statute in without imposed judge, on the OCFT the trial election at less than year a two interval. would be a more effective deterrent a holding place Such would chaos and con- striking organizations and by professional flict in an otherwise system harmonious legisla their members is a matter for the legislation, particularly emasculating the have taken ture. We note that other states 509.2, making amendments to them use- § aggressive much more attitude toward less a and ineffective. The Court will not which strike presume professional organizations in enacting legislation legislation, Legislature against public amendments to and have enacted severe finding the trial court’s that OCFT profound at variance sustain statutory sanctions in culpably engaged was with our 509.8.2 is- Affirm trial court’s we therefore wisdom of Questions pertaining injunction in its temporary suance imposing minimal sanc- policy our chosen relieving the Board of original form professional organization on whose tions while the with the OCFT practical its strike and members its members were organization and bargaining efficiency negotia- in collective no appellants present Inasmuch as Legisla- not ours make. The tions are argument authority support establish- charged ture is the school district injunctive against relief system of maintaining public beyond power of the trial court the Oklaho- education Article judgment it. The grant, we do not consider ma of this Constitution. In furtherance 54,235 subsequent is Affirmed. 509.1, seq., et duty it enacted modifying the tem- supplementing and der O.S.Supp.1979, legisla- and 70 Di- porary injunction Reversed desirability of expression tive collec- Judgment rendered to Vacate the rections procedures by tive 54,554 judgment against OCFT. implemented. which it should be Reversed with Directions. is limited to exam Our function if the trial ining record determine WILLIAMS, LAVENDER, J., and C. provisions court followed 509.8. JJ., HARGRAVE, HODGES, BARNES judgment We our substitute concur. legislative will in that expressed stat ute. J., DOOLIN, specially. concurs We hold that OPALA, J., IRWIN, J., concur V. C. imposed by part, part. dissent organization must be construed as limited Justice, IRWIN, concurring in Vice Chief in time to the duration of strike. Like wise, part, dissenting part. the school district is relieved of the *6 organization, recognize the other agree majority I am unable to with the imposed by only wise for dura my Legislature that “the intend- associates tion of a strike. non-recognition against a ed the sanction of organization last for professional
Nothing opinion in this should be I dis- the duration a strike.” therefore interpreted condoning illegal an strike portion majority opinion to that of the sent against public public which achieves that conclusion. system, merely we have construed those provided sanctions a imposed for such strike provides that: Supp., 70 O.S.1978 by Legislature are required as we to do recog- “The local board education shall by the Constitution. organization a se- professional nize signed Having by majority examined the record and deter- cures a authorization mined that is sufficient professional designating evidence of the educators Florida, payroll example, Maryland, privileges. In For Minnesota and “check-off” public employees’ a public enjoined employee organizations engage may strike be and by Employees contempt strikes lose and Public their status as enforced representative may may and the re- “recertified” for Relations Commission also revoke 179.64; years. sponsible organization’s two M.S.A. im- Md. Educ.Code certification and Ann., $20,000 6-410, Iowa, 20.12(5), day pose strike, up per of the §§ 6-513. fine of I.C.A. provides alternative, or, injunctions against public employ- cost of in the assess the strikes, organization organization ee notwith- and if the or its officers the strike standing $20,000 contempt, organization may is are held diately imme- that the amount exceed Iowa, day. per until decertified for twelve months. Recertification not occur Maryland additionally year payment suspend Minnesota the fine. Fla. one after final organization’s Stat.Ann., right to receive dues 447.507. organization representative attendance, said as their less all organ- However, for negotiations. subject . . . all rights izations are to the same average daily school districts an at- obligations. When a professional organiza- thirty-five (35,000) tendance of thousand properly authorized, tion is elected or adopt following or more shall method local board of recognize education shall it. choosing professional organiza- organization If the or its members tion.” strike, “organization in a said shall cease to as a recognized designated The method larger for the dis- nonprofessional requires However, an tricts election. “No and the school district shall be relieved of shall election be directed a local board in with such organiza- a bargaining unit within which a valid elec- representatives.” tion or its (2) tion was held in the two preceding non-recognition proviso ap- 509.8. This is years.” plicable organization an representing concerned, so, The majority rightly average daily school district with an attend- possibility with the if 35,000 organization ance of and an repre- organization beyond extends the du- senting a school district with less attend- strike, ration of the might the educators Both, they engage ance. in a deprived of the very right Legislature recognized representative. cease to be as a i.e., grant, intended to right repre- to be my opinion, organization In when an sented elected in col- elected the educators in a school district bargaining. lective It appears the concern 35,- having average daily attendance of majority premised to some extent organization engages and such upon language that “No election shall recognized repre- strike and ceases to be be directed to be held a local board in a sentative, year proscription the two is not bargaining unit within which a valid elec- And, applicable. organization where such preceding (2) tion was held in the two years.” recognized, ceases to be another represent tion can be elected to educa- This year proscription applica- two is not organization tors. And where such is elect- having ble to school districts less than a ed, (2) year proscription the two starts 35,000 attendance, average daily and in again. districts, such if the shall cease recognized, majority of the educa- respectfully part I concur in and dissent tors can immediately designate another or- part. representative. as its The edu- OPALA, Justice,
cators do not dissenting part: lose the to collective bargaining but the organization that en- court’s I must recede from the decision *7 gaged in a strike ceases to be the recog- rests, analysis conceptual because its nized representative. Prior to the amend- measure, large on the 1978 amendment 1978, ment of 509.2 in all school districts § bargaining profession our act for collective could immediately designate organ- another al Inasmuch as that amend educators.1 representative organiza- ization as its if an solely was made to school applicable ment tion recognized. ceased to be average daily districts “with an attendance
Although (35,000) more,” there is a difference in the or it thirty-five thousand 46, choosing organi- 5, method for a “professional clearly violative of Art. Okl. Con. § zation” between with provision school districts an av- The cited of our fundamental law 35,000 erage daily absolutely attendance of unequivocally and those interdicts the “ * * * 221, 1, However, 1. Okla. Sess. Laws c. all school districts with an § O.S. Supp. daily thirty-five average 509.2. All thou- § section references in attendance of (35,000) adopt following the text are to 70 O.S. sand more shall choosing method for pertinent part The of the amendment in 509.2 § ” * * * tion: provides: ex vacancy, lege, which arises The “any special” local or law enactment cessation of a regulation automatically upon which for non-uniform filled allows public mana no district affairs of school makes such accom- school strike. The statute legislature may not deal gement.2 agent can the disaccredited modation. Nor public any phase administra via the capture reinstatement forthwith gen law has tion otherwise than for con- no warrant ballot box. There is application throughout state3 eral mandating cluding that condition dissipated in may become non-recognition Even the 1978 addition 509.2 did lege ex only either It is after the manner. constitution, I could not not offend our succeeding vacancy been filled and the has interpretation court’s accede to the disaccre- agent previously that be- chosen two-year interval mandatory minimum be- 509.2C(1) may again once dited tween elections embodied posi- impedi- compete for the lost provision eligible constitutes no come That bargaining agent choosing ment to another tion. replace recognition, by one who had lost DOOLIN, Justice, specially: concurring culpable
operation of
because of
two-year
participation in a strike. The
majority;
the trial
I concur with the
clearly intended to
minimum interval was
issuing a
correct
eminently
court was
frequent
apply
a barrier more
election
as
relieving
Board of
temporary injunction
competing
among
contests
associations
negotiate with OCFT while its
agent.
of an official
status
I likewise concur
members were
deprive
was
educators
It
not meant to
majority
conclusion that the
with the
in its
legally
when none was
rec-
“equitable”
adopted by the trial
solution
ognized.
two-year
limit cannot hence
improper.
court
unauthorized and
when,
to bar an interim election
invoked
specially
necessary
I
to comment
feel it
here,
would
as
when
of the trial court
the action
representation
left without
because
negotiating with
enjoined the District from
statutorily mandated disaccreditation
recognizing
from
OCFT as a
OCFT and
previously
representative.
certified
bargaining agent.
pro-
Nor
I
to the court’s
can
accede
Board
declarato-
What the
effected
which equates
nouncement
509.8 mandat-
(1) a declaration
ry action was two-fold:
culpable bargain-
ed
OCFT, it was
during
that
the strike
ing agent
suspension
for a
mere
(2)'an injunc-
negotiate;
under
no
with the
strike’s dura-
coextensive
against
prohibited further
tion
itself that
suspension
tion. Had
been intended
(with
negotiation when the strike was over
sanction,
only
recognition would not have
OCFT).
certified
The Board
properly
Recognition imports something
been used.
clearly
approval,
de-
with the trial court’s
enduring
suspen-
temporary
far more
than
bargaining,
legislative
feated the
intent of
sion.
possible arbitration and the whole
provisions
When the anti-strike
management peace.
statute —labor
governs
are construed with
509.2 which
injunction against
itself was not
accreditation of
representatives,
misap-
example
a raw
of a
proper and was
meaning
my
itself to
commends
mind
judicial
injunction
plication
force —an
recognition
whenever
must be with-
vacancy
striking
have been in order but
drawn a
was intended to occur.
*8
Hale,
constitutionality
165,
Although
2.
v.
P.2d
3.
of the 1978 ad-
Wilkinson
184 Okl.
86
305
raised,
[1939];
may review
Union School District # 1 v. Foster
Co.,
ditions to 509.2 is not
260,
theory
presented
[1930];
this
Lumber
Okl.
Jack
v. George
Walter FRENCH and Edward
French, Appellants.
No. 52489. Oklahoma,
Court of Appeals 1.
Division No. 1,
April 1980.
Rehearing May Denied 1980.
Released for Publication Order of
Court of Appeals June Wilkinson, Riggs,
Chapel, Abney & Keef- Wilkinson, Tulsa, er Bill V. for appellee. Garrison, Carlson Brown & Alan R. Carlson, Bartlesville, appellants.
REYNOLDS, Presiding Judge: George Walter French and Edward (Defendants) appeal French the trial court’s summary judgment sustention of partial (Plaintiff) Shepherd in favor of Jack specific performance parties’ ordered contract for sale business. of a summary judgment properly
A
exhibits,
granted only
pleadings,
where the
admissions,
present no
depositions
sub
controversy
stantial
as to material facts or
Inc.,
Wedgewood Village,
issues. Weeks v.
Okl.,
Specific perform