APPEAL from the Circuit Court of Cook County; the Hon. RICHARD
J. CURRY, Judge, presiding.
MR. PRESIDING JUSTICE LINN DELIVERED THE OPINION OF THE COURT:
Plaintiff, Board of Education of the City of Chicago (Board), appeals from an order of the circuit court of Cook County that dismissed the Board's action to vacate an arbitration award in favor of defendant, Magnolia DaBrien, and confirmed the arbitration award in the amount of $34,936.10. On appeal, the Board contends (1) that the arbitration of DaBrien's grievance resulted in an unlawful delegation of the Board's authority to fix the salaries of its employees; and (2) that DaBrien's recovery under the Workmen's Compensation Act (Ill. Rev. Stat. 1973, ch. 48, par. 138.1 et seq.) barred her claim for breach of the collective bargaining agreement.
We affirm the trial court.
The facts of the case are not in dispute. While DaBrien was employed by the Board as a teacher at the Wendell Smith Elementary School, she was assaulted by an unknown assailant on April 16, 1974. As a result of her injuries. DaBrien did not resume teaching duties until September 1, 1976. In the interim period, she was hospitalized on five separate occasions.
On April 7, 1975, DaBrien filed a claim with the Illinois Industrial Commission seeking workmen's compensation benefits for the injuries sustained as a result of the assault. On November 18, 1975, a commission arbitrator awarded DaBrien $16,453.12, finding that she was entitled to 64 weeks temporary total disability at the rate of $100.90 per week and that she had sustained an industrial loss of use of her right arm to the extent of 62 1/2 percent. The Board was given credit for sums already paid but did not request statutory credit for salary paid pursuant to section 8(j) of the Act. (Ill. Rev. Stat. 1973, ch. 48, par. 138.8(j).) The Board petitioned to review the award of the commission arbitrator, and the Industrial Commission affirmed the award. The decision of the Industrial Commission was then considered on administrative review by the circuit court of Cook County, where it was affirmed.
On May 24, 1974, defendant Chicago Teachers Union (Union), on behalf of DaBrien, filed a grievance under article 44-8 of the collective bargaining agreement entered into by the Union and the Board. Article 44-8 states:
"Teachers or other bargaining unit members whose absences result from school-related assaults shall be paid full salary and medical expenses by the Board and no deduction shall be made from sick leave."
Thereafter, the Board paid DaBrien her full salary from April 16 until the end of the 1973-74 school year. The Board also paid all medical expenses.
On October 29, 1974, the Union filed another grievance on DaBrien's behalf, contending that the Board, in violation of article 44-8 of the collective bargaining agreement, refused to continue to pay DaBrien's salary for days absent as a result of a school-related assault. After unsuccessfully exhausting the applicable grievance procedure, the Union demanded arbitration of the dispute as provided for in the collective bargaining agreement. On February 8, 1977, DaBrien and the Union presented their case before an arbitrator of the American Arbitration Association. The Board refused to participate in the selection of the arbitrator, or to appear during the arbitration proceeding, but filed a brief contesting the jurisdiction of the arbitrator because DaBrien was pursuing a workmen's compensation claim. On August 30, 1977, the arbitrator issued a decision in favor of DaBrien, finding that under article 44-8 of the collective bargaining agreement she was entitled to $34,936.10, with no deduction from sick leave, for the two-year period when she was absent from her teaching duties as a result of a school-related assault.
On November 23, 1977, the Board filed an action in the circuit court of Cook County to vacate the arbitration award. Defendants filed a motion to strike and dismiss and application to confirm the arbitration award. After the case had been transferred to the law division on defendants' motion, both sides amended their pleadings. On July 26, 1978, the trial court granted defendants' motion to strike and dismiss and confirmed the award of the American Arbitration Association. The Board appeals from that order.
1 The parties agree that the Board may enter into valid and binding collective bargaining agreement with public employee unions. (Chicago Division of the Illinois Education Association v. Board of Education (1966), 76 Ill. App.2d 456, 222 N.E.2d 243; see Chicago High School Assistant Principals Association v. Board of Education (1972), 5 Ill. App.3d 672, 284 N.E.2d 14.) However, the terms of the collective bargaining agreement may not delegate or limit duties reserved to the Board by the Illinois School Code (Board of Trustees v. Cook County College Teachers Union (1976), 62 Ill.2d 470, 343 N.E.2d 473; Illinois Education Association v. Board of Education (1975), 62 Ill.2d 127, 340 N.E.2d 7; Board of Education v. Rockford Education Association (1972), 3 Ill. App.3d 1090, 280 N.E.2d 286), and matters reserved to the Board by statute may not be delegated to an arbitrator. Board of Trustees v. Cook County College Teachers Union (1979), 74 Ill.2d 412, 386 N.E.2d 47.
The School Code provides that the Board has the duty to prescribe the "duties, compensation and terms of employment of its employees" (Ill. Rev. Stat. 1973, ch. 122, par. 34-16), and to "employ teachers and other educational employees and fix their compensation" (Ill. Rev. Stat. 1973, ch. 122, par. 34-18(8)). Relying on these sections, the Board contends that an award under article 44-8, as interpreted by the arbitrator ...