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Fratus v. Marion Community Schools Board of Trustees12/27/1999
employer and not claims against school employee organizations. However, in Aldrich, we additionally held that Ind.Code § 20-7.5-1-7(b) also did not allow for the involvement of the IEERB in that matter. Id. at 216 n.11. Section 7(b) pertains to unfair labor practices by a school employee organization and, as mentioned, section 7(a) pertains to unfair labor practices by a school employer.
Moreover, even though Aldrich may be factually distinguishable from the case at bar, the discussion set forth therein regarding the interpretation of the CEEBA is relevant to our decision today. In Aldrich, we held that "an administrative agency has only those powers conferred on it by the General Assembly; powers not in its legislative grant cannot be assumed by the agency nor implied to exist in its powers." Id., at 216. We further noted that in construing a statute, the definition of terms provided by the legislature are controlling. Id. Also "recognizing what the statute does not say is just as important as recognizing what it does say." Id. at 215.
Thus, we conclude that because a claim for breach of duty of fair representation by a school employee is not listed as an "unfair practice" under Ind.Code § 20-7.5-1-7, or specifically included elsewhere within the CEEBA, the IEERB did not have jurisdiction over the Teachers' claims for breach of fair representation. Accordingly, we find that the trial court improperly dismissed the Teachers' Amended Complaint against the Association for lack of subject matter jurisdiction.
B. The Teachers' Claim Against the School Board
The Teachers' claims against the School Board are based on breach of contract. They claim that they are parties to the Master Contract between the Association and the School Board and that the School Board breached this contract by repudiating its obligation under the provisions of the 1997 Master Contract with regard to the Teachers' early retirement benefits. The School Board claims that the Teachers' benefits are governed by the 1998 contract. The Teachers claim their benefits should be determined by the 1997 contract, as they made their election for early retirement in 1997 providing a one year notice of their intent to take early retirement as required by the 1997 Master Contract.
Further, the Teachers argue that their claims against the School Board for breach of contract are outside the jurisdiction of the IEERB. The Teachers additionally note that subsequent to the dismissal of this action in the trial court, they filed a claim with the IEERB against the School Board based on breach of contract and fraud. The IEERB dismissed the Teachers' administrative claims against the School Board due to lack of subject matter jurisdiction. The IEERB decided that it had no jurisdiction over the Teachers' claims because they were based in contract and tort. (Teachers' App. to Reply Brf., p.6).
The Teachers conclude that the trial court erred in dismissing their action against the School Board for failure to exhaust administrative remedies because there were no administrative remedies to exhaust. We agree. The Teachers' claims against the School Board sound in contract and tort and accordingly, were well within the trial court's subject matter jurisdiction. The IEERB was established to hear claims concerning unfair labor practices and other claims raised under the CEEBA. However, the IEERB does not have jurisdiction to hear the Teachers' contract and tort claims against the School Board as these claims are unrelated to unfair labor practices.
Therefore, we conclude that the trial court improperly dismissed the Teachers' Amended Complaint against the School Board based on lack of subje
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