Appeal from the Circuit Court of Cook County; the Hon. James
C. Murray, Judge, presiding.
JUSTICE LINN DELIVERED THE OPINION OF THE COURT:
Plaintiff, the Board of Education of North Palos Elementary School District No. 117 (Board), filed an action in the circuit court of Cook County seeking a stay of arbitration and a declaratory judgment against defendants, the North Palos Education Association, IEA-NEA (Association) and two of its officers, Carole Williams and Eileen Grimmer. A dispute concerning class substitution and teacher evaluation had resulted in the Association's filing grievances with the Board on behalf of two member teachers, William Englemann and Barbara Dahlkemper. After the Board denied both grievances, the Association, following the procedure outlined in the Professional Negotiation Agreement (PNA) between the parties, submitted the grievances to arbitration. The Board's suit sought a stay of arbitration and a declaratory judgment that the grievances were inarbitrable.
Both the Board and the Association filed cross-motions for summary judgment with supporting affidavits and memoranda; the trial court granted the Board's motion for summary judgment, denied the motion of the Association, and then denied the Association's motion to vacate. The Association has appealed, claiming that the trial court erred by (1) deciding the issue of arbitrability instead of leaving that initial question to the arbitrator, and (2) holding that the grievances seeking to enforce two provisions of the PNA were inarbitrable.
We reverse the trial court's entry of summary judgment in favor of the Board and remand with directions to enter summary judgment in favor of the Association. We find no disputed issue of material fact pertaining to either grievance.
William Englemann and Barbara Dahlkemper were teachers at Conrady Junior High School, one of the schools in District No. 117 whose faculty was covered by the PNA, a collective bargaining agreement between the teachers and the Board. The provisions of the PNA pertinent to this appeal are as follows:
"II. PROFESSIONAL QUALIFICATIONS AND ASSIGNMENTS
2.5 EXTRA-CURRICULAR ASSIGNMENTS
Any assignments in addition to the normal school day during the regular school term shall not be obligatory but shall be with the consent of the teacher.
3.1 NOTIFICATION - ASSIGNED AND TRAVELING TEACHERS
Within 20 days after the beginning of each school term the building principal, or immediate supervisor, shall acquaint each teacher under his supervision with the teacher evaluation procedures, standards and instruments, and * * * shall attempt to explain the evaluation process in sufficient detail so that a teacher can reasonably know what is expected * * *.
IV. TEACHER RIGHTS - BOARD RIGHTS
The Board, on behalf of the electors of the District, retains and reserves the ultimate responsibilities for proper management of the District * * * including but not limited to the responsibilities for the right:
1. To maintain executive management and administrative control of the District * * * and the professional activities of its employees * * *;
5. To determine class schedules, non-teaching assignments, the hours of instruction, and the duties, responsibilities, and assignments of faculty members.
VII. TEACHING HOURS AND ASSIGNMENTS
7.2 VOLUNTARY INTERNAL SUBSTITUTION
Any teacher who accepts a class above the normal assigned load shall be compensated at the rate of five dollars ($5.00) ...