Classified Employees Association v. Matanuska-Susitna Borough School District
Alaska Supreme Court
204 P. 3d 347 (2009)
- Written by Mike Begovic, JD
Facts
The Classified Employees Association (the union) (plaintiff) entered into a collective-bargaining agreement (CBA) with the Susitna Borough School District (the district) (defendant), which outlined a procedure for grievances. Under the CBA, as part of the final stage of the process, parties could submit the issue to arbitration if it had not been resolved by the grievant’s department director or administrator, by the superintendent, or by mediation. The CBA provided that the arbitrator’s decision was final and binding on both parties, and prevented arbitrators from adding or subtracting language. Despite the parties’ initial attempts to negotiate on the subject of outsourcing, the CBA did not contain any express language addressing the issue. The district decided to hire an independent contractor for custodial services in its schools, replacing union custodial workers. The union sued to compel arbitration. The district counterclaimed, arguing that there was no agreement to arbitrate outsourcing decisions, and that it fell within the managerial authority of the district. A superior court ruled in favor of the district. The union appealed.
Rule of Law
Issue
Holding and Reasoning (Matthews, J.)
Dissent (Fabe, C.J.)
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