Spearfish Education Ass'n v. Spearfish School District 40-2

Summary

The Supreme Court of South Dakota held that a school district committed a grievable offense by failing to apply the salary schedule contained in its implemented last offer to all teachers in the bargaining unit. The court concluded that SDCL 3-18-8.2 did not permit the district to deviate from the last-offer salary schedule for individual teachers based on more favorable terms in their interim contracts. The court reversed the circuit court and remanded for further proceedings concerning the appropriate remedy.

Holdings

1. The District committed a grievable offense because SDCL 3-18-8.2 required it to implement the provisions of its last offer, including the Article X salary schedule, uniformly for all teachers in the bargaining unit; the statute did not authorize the District to deviate from that schedule for selected teachers.
2. The matter must be remanded for the circuit court to fashion an appropriate sanction or remedy because the circuit court had reversed the Department of Labor without addressing the proper remedy.

Questions Presented

1. Whether the District committed a grievable offense by failing to apply its implemented last offer and salary schedule uniformly to all teachers in the bargaining unit.
2. What remedy was appropriate after determining that the District committed a grievable offense.

Disposition

reversed_and_remanded