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Case No. 21-0530

Belmond-Klemme Community School District
Belmond-Klemme Education Association and Jodi Turner


Belmond-Klemme Community School District


Belmond-Klemme Education Association and Jodi Turner

Attorney for the Appellee

Ann M. Smisek and Elizabeth A. Heffernan

Attorney for the Appellant

Becky S. Knutson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 27, 2022

            Appeal from the Iowa District Court for Wright County, James M. Drew, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Mullins, P.J., and Vaitheswaran and Tabor, JJ., but decided by Vaitheswaran, P.J., Tabor, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (17 pages)

            Belmond-Klemme Education Association (Association) and Jodi Turner appeal an adverse district court ruling on Belmond-Klemme Community School District’s (District) application to vacate or modify an arbitration award relating to a grievance and the Association and Turner’s motion for summary judgment on the application.  The Association and Turner generally argue the court “erred in substituting its judgment on the arbitrability of the grievance for the judgment of the arbitrator.”  OPINION HOLDS: We conclude the arbitrator exceeded her powers in granting relief regarding the placement of the letter in Turner’s file and implementation of intensive assistance, and the district court did not err in vacating those portions of the award.  However, the arbitrator’s requirement that the District provide a contractual evaluation should therefore stand.  As such, the district court order is affirmed in part, reversed in part, and remanded for entry of an order reinstating the requirement that the District conduct a fair and impartial performance review of Turner.

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