Crooks v. Crim

• Decision Date: 29 September 1981
• Docket Number: No. 62129,62129
• Citation: 159 Ga.App. 745,285 S.E.2d 84
• Court: Georgia Court of Appeals
• Parties: , 1 Ed. Law Rep. 968 CROOKS et al. v. CRIM et al.

Page 84

285 S.E.2d 84

159 Ga.App. 745, 1 Ed. Law Rep. 968

CROOKS et al. v. CRIM et al.

No. 62129.

Court of Appeals of Georgia.

Sept. 29, 1981.

Torin D. Togut, Decatur, for appellants.

Bruce H. Beerman, Atlanta, for appellees.

BIRDSONG, Judge.

Breach of Contract. The 17 appellants are social workers and certificated teachers employed by the Atlanta Board of Education. All of the appellants are tenured employees with employment records ranging from more than three years to more than twenty years. As tenured employees each had varying degrees of seniority with concurrent bumping rights over less senior employees. Employees of the Atlanta Board of Education over the past several years had worked in two or more areas of funding, one being general funding from revenues provided by the city of Atlanta and another being in an area funded by federally supported programs. One of these federally funded programs was Title XX, Child Care Centers. For the last several years most, if not all, of the 17 appellants had worked in the Title XX program and been paid (by the Atlanta Board of Education) out of Title XX federal funds provided to the city. The documents furnished to the jury by appellants show that as late as 1977 and apparently for some time earlier, all teachers and social workers in the Atlanta system signed similar contracts. These contracts usually provided for an annual contract payable in 24 semi-monthly payments for twelve months throughout the scholastic year. It is undisputed that traditionally the school year and payment period ran from September 1 to the following August 31. It also was the policy followed by the Board of Education to determine and award incremental "step" increases in September so that the first payment in September for services performed in September (occurring on September 20) would include any incremental increases in pay. The several contracts adduced in evidence by appellants for the 1977-78 school year were all presented to the appellants apparently in May, 1977, before the end of the June teaching period. Each contract was executed within a short time thereafter but indicated that the contract was viable between the parties as of the first day of September, 1977. For the school year 1978-79, the same form contracts were presented to each of the appellants as well as other employees. However, all the contracts indicated that the contract was entered into between the parties as of the first day of July. Contracts in evidence for the years 1979-80 and 1980-81 also indicated an effective date of July 1. Thus all the contracts were signed by the employees in May or June of each year and indicated that the contracts took effect on July 1. However, it was not disputed that all the general fund contracts contemplated an effective period for payment purposes as extending from September 1 until August 31 of the following year. Thus, whether a teacher or social worker paid from general funds worked in July or August was not relevant to payment because the contract called for 24 semi-monthly payments extending from September 1 to August 31.

In the spring of 1978 the same general contracts were presented (by mail) to all returning employees showing a contract date of July 1, 1978. However, those contracts mailed to the 17 appellants, all of whom were engaged in the Title XX day care program during the year 1977-78, had a provision different from all the other professional employment contracts. Whereas all other contracts for the school year 1978-79 were understood to run from September 1 to August 31, each of the 17 contracts involved had an asterisk by the words "scholastic year 1978-1979*." At the bottom of each of these 17 contracts were the additional words "*July 1, 1978-June 30, 1979 (Title 20 Program)." Additionally the contract provided: "This agreement contains the entire understanding between the parties hereto, and supersedes any prior written or oral contracts or agreements between the parties hereto respecting the subject matter." Each of the appellants executed their respective contract prior to July 1, 1978 and effective July 1, 1978. Under the immediately preceding contract signed by each appellant for school year 1977-78, each appellant was due the 21st through 24th payments under that contract for salary due for July and August, 1978. However, as interpreted by the trial court, the new contract for school year 1978-79 became effective July 1, 1978 and ran for twelve months until June 30, 1979. Because the 1978-79 agreement was a new contract which superseded all previous agreements between the parties, the effect of the new contract was to nullify the July and August payments under the 1977-78 contract and replace those two months' salary installments with those provided under the 1978-79 contract. Inasmuch as the amounts paid were the same, appellants had no lapse of payments. In September, 1978 each appellant received his or her incremental increase along with all other Atlanta school teachers and social workers.

In January or February, 1979 each of the appellants was notified that the Title XX funding for the day care centers would expire as of June 30, 1979. At conferences attended by appellants they were advised that they would not be on the payroll for July and August, 1979 but that they would be offered new contracts under general funding (provided by the city of Atlanta) in the new school year commencing in September, 1979 with appropriate bumping rights. All appellants were offered new contracts and most accepted those contracts prior to July 1, 1979. However, in July and August, 1979, all ...