Biggiam v. Board of Trustees of Community College Dist. No. 516
Decision Date | 10 April 1987 |
Docket Number | No. 2-86-0226,2-86-0226 |
Citation | 154 Ill.App.3d 627,506 N.E.2d 1011,107 Ill.Dec. 120 |
Parties | , 107 Ill.Dec. 120, 39 Ed. Law Rep. 229 Robert L. BIGGIAM, Ruby Martz, James Moreland, Neil Newlon, Jon Pigage and Judith Vargas, Plaintiffs-Appellees and Cross-Appellants, v. BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 516, Defendant-Appellant and Cross-Appellee. |
Court | United States Appellate Court of Illinois |
Murphy Hupp Foote Mielke & Kinnally, Craig S. Mielke, William C. Murphy, Aurora, Vickie A. Gillio, Gen. Cou. Waubonsee Community College, Sugar Grove, for defendant-appellant and cross-appellee.
Cornfield & Feldman, Gilbert Feldman, Chicago, for plaintiffs-appellees and cross-appellants.
This is an appeal and cross-appeal from the judgment of the circuit court of Kane County entered in an action brought by the plaintiff teachers who were dismissed as part of an economic retrenchment by the defendant, Waubonsee Community College (Community College District No. 516).
The trial court's decision was in favor of plaintiffs Newlon, Biggiam and Moreland and against plaintiffs Vargas and Pigage. Plaintiff Martz dismissed her complaint prior to hearing, and she is not involved in this appeal.
Specifically, the court's order provided that under the provisions of section 3B-5 of Article IIIB "Tenure" of the Public Community College Act (the Community College Tenure Act) (Ill.Rev.Stat.1985, ch. 122, par. 103B-5) and Article VII, section (e)(1), of the collective bargaining agreement between the faculty union and the defendant Community College, Newlon was entitled to "bump" from Speech 100 teaching assignments, in order, any part-time teacher of Speech 100 and any probationary (meaning nontenured) or less-senior teacher whose course load consisted solely of Speech 100. His compensation would be that of a full- or part-time teacher commensurate with his assigned course load.
Biggiam and Moreland were entitled to bump any part-time, probationary or less-senior teacher of welding, their compensation to be commensurate with the full- or part-time status of their employment as above. Moreland, having greater seniority, would have bumping preference over Biggiam. Compliance with the above portions of the court's order was to be effective at the commencement of the "next teaching period [fall, 1986];" a stay of the court's order pending this appeal was entered by the trial court on June 18, 1986.
Vargas was entitled to bump, should any part- or full-time positions arise during the statutory recall period provided in section 3B-5 of the Act, only in regard to counseling positions as per Article VIII, section B, of the collective bargaining agreement. She was found not qualified to teach psychology under the "Qualifications to Teach" agreement between the faculty union and the college.
Pigage was found to be nontenured and outside the protection of the Act.
The Defendant Board of Trustees (the Board) seeks reversal of the court's judgment as to Biggiam, Moreland, and Newlon and affirmance as to Vargas and Pigage except insofar as Vargas was found entitled to bumping rights which the Board asks be reversed. In the course of such reversals and affirmances, it asks we determine that: (1) section 3B-5 of the Community College Tenure Act refers only to full-time faculty members; (2) the collective bargaining agreement covers and refers only to full-time faculty members; (3) that section 3B-5 of the Community College Tenure Act and the collective bargaining agreement, when read together, refer only to full-time faculty members; (4) no full-time positions with the college existed for which plaintiffs were qualified; (5) the Board was not required to gerrymander or combine part-time positions to create full-time positions for the teachers; and (6) it is the Board which has the duty and the power to determine qualifications to teach and competency to render the service.
The teachers cross-appeal, contending that the court erred (1) by delaying the time of compliance to fall 1986; (2) in restricting Newlon's bumping rights to persons whose teaching assignments consisted solely of Speech 100; (3) in determining the compensation to be received by Newlon and Moreland since that issue is not determinable under the Act but, rather, under the collective bargaining agreement which provides for resolution of disputes by arbitration; (4) by failing to find Vargas competent to teach psychology; and (5) by failing to recognize the recall rights of Pigage under the Act.
After denying cross-motions for summary judgment, the cause proceeded to hearing. The court admitted in evidence the following "Stipulation of Facts" offered by the parties:
(e) Determination of Teaching Assignments.
(i) Faculty members hired prior to the Board's adoption on December 20, 1983, of the 'Qualifications to Teach' shall not be adversely affected thereby in connection with the teaching positions held by those faculty members as of that date. [Emphasis added.]
(b) Counselors hired prior to the Board's adoption on December 20, 1983, of the 'Qualifications to Teach' shall not be adversely affected thereby in connection with the counseling positions held by those faculty members as of that date. [Emphasis added.]
I. Part-time faculty members are engaged by a contract on a semester by semester basis, depending upon the course load, which in turn is dictated by student enrollment and student election of courses. During the 1984-1985 school year and in previous school years, part-time teachers have frequently taught many of the same courses that are also taught by regular full-time faculty members.
J. NEIL NEWLON--Newlon was hired full-time in the fall of 1979 expressly to build a theatre department, to build enrollments in theatre courses, and to build an active group of student participants. Newlon has a masters degree in theater; he does not have a masters degree in speech.
The following chart illustrates Newlon's course load since spring 1983. This shows scheduled classes, classes which were cancelled or combined, and resulting reassignments to create a full course load.
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