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CITY, N.D. (NewsDakota.com) A 4-hour hearing was held in Southeast Judicial District Court in Valley City to determine if the Valley City school board was justified in issuing unilateral contracts to members of the Valley City Education Association after the school board attempted to adjust wording in the negotiated agreement healthcare section.

The Valley City Education Association took legal action against the Valley City School District after the school board attempted to issue contracts that had changed the language in a healthcare section that was not identical to the state Fact Finding Commission report.

VCEA president Kathy Lentz testified that the school board did not negotiate in good faith and exhibited a take it or leave it attitude in the process for the first time during her 8 years as a VCEA negotiator.

Attorney Michael Geiermann presents a number of VCEA arguments to Judge Schmitz's as VCEA members Kathy Lentz and Sarah Lerud listen closely at his side. Photos by Steve Urness.
Attorney Michael Geiermann presents a number of VCEA arguments to Judge Schmitz’s as VCEA members Kathy Lentz, Sarah Lerud, Dallas Dockter and Nancy Ost listen closely during the hearing. Photos by Steve Urness.

Members of the VCEA accused the school district of attempting to delete subsection 3 concerning health insurance coverage. The VCEA would like to keep the current language in that section that states the school district will provide equal or greater coverage for teachers. Lentz says, “it’s very important because it give us that guarantee we want.”

VCEA Attorney Michael Geiermann says the legal action centers on section “3” and the steps the school district took to revise it.

Attorney Rachel Bruner-Kaufman disagreed with Geiermann’s assessment and believes the school board followed the right steps in the negotiation process.

Valley City School board chairwoman Joyce Braunagel testified that the adjustment in the healthcare section of the negotiated agreement was made on the recommendation of state Fact Finding Commission Chairman Dean Rummel after he issued a final report to the public in November of 2013.

During her testimony Braunagel said the school board negotiated in good faith and was willing to continue doing so until members of the VCEA refused to continue the process.

Southeast Judicial District Judge Jay Schmitz says he will issue his decision next week. After that if one side doesn’t like the decision they can issue a petition for an appeal 30 days after Judge Schmitz releases his opinion.

Southeast Judicial District Judge Jay Schmitz. Photos by Steve Urness.
Southeast Judicial District Judge Jay Schmitz. Photos by Steve Urness.

An appeal could make it’s way to the North Dakota Supreme Court where arguments are heard once again in a 50 minute hearing. The Supreme Court Justices in North Dakota would issue a final opinion or decision in the impasse between the Valley City School District and the Valley City Education Association.

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