Appeal from the Circuit Court of Cook County; the Hon. Arthur
L. Dunne, Judge, presiding.
JUSTICE BILANDIC DELIVERED THE OPINION OF THE COURT:
Plaintiff Cook County College Teachers Union, Local 1600 (hereinafter the union), filed a declaratory judgment action against defendant Board of Trustees of Community College District No. 508 (hereinafter the board), alleging that a question on an outside employment disclosure form violated teachers' right to privacy. After the pleadings were filed, both sides filed motions for summary judgment. The union's motion was denied, and the board's was granted. The court ruled that the teachers were obligated to answer the question at issue. The union appeals from the order.
We are asked to determine whether full-time college faculty members, whose contracts of employment provide that they shall not engage in full-time outside employment, and who have been directed to complete a form requesting information about their outside employment, may refuse to answer a question that requires disclosure of their earnings from outside employment. The question allegedly violates their right to privacy or confidentiality guaranteed by the Bill of Rights of the United States Constitution and article I, section 6, of the 1970 Illinois Constitution.
The pleadings disclose the following facts. Plaintiff is a labor union that the board has recognized as the exclusive bargaining agent for full-time college teachers of the City Colleges of Chicago since 1967. Defendant is a body politic and corporate that was created under the Public Community College Act (Ill. Rev. Stat. 1983, ch. 122, par. 101-1 et seq.). The parties had entered into a collective bargaining agreement that contained the following provision:
"Outside employment. A full-time position in the Colleges is accepted with the understanding that the faculty member will not continue, or at a future date accept, a concurrent full-time position or positions equal to a full-time position with any other employer or employers while he is teaching full-time in the Colleges."
The identical provision is also contained in the individual employment contracts of each full-time faculty member.
The board claims that its objectives in prohibiting outside full-time employment are to insure primary loyalty to the City Colleges and to prevent a decrease in the quality of teaching.
On October 28, 1983, the board submitted to each teacher who had previously indicated outside employment a letter and form, entitled "Supplemental Form for Outside Employment." The information requested relates solely to outside employment. The first six questions requested the following information:
(1) Whether employed by another or self-employed;
(2) Nature of employment; title;
(3) Name of firm, address, and phone number;
(5) Work schedule: days per week, hours per day, hours per week, daily starting ...