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12/24/87 Board of Trustees of v. the Cook County College

December 24, 1987

BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 508, PLAINTIFF-APPELLEE

v.

THE COOK COUNTY COLLEGE TEACHERS UNION, LOCAL 1600, AFT, AFL-CIO, ET AL., DEFENDANTS-APPELLANTS



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

522 N.E.2d 93, 167 Ill. App. 3d 998, 118 Ill. Dec. 638 1987.IL.1917

Appeal from the Circuit Court of Cook County; the Hon. David Shields, Judge, presiding.

APPELLATE Judges:

JUSTICE PINCHAM delivered the opinion of the court. SULLIVAN, P.J., and LORENZ, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM

This is an interlocutory appeal from an order of the circuit court of Cook County which enjoined defendant, the Cook County College Teachers Union, Local 1600, AFT, AFL-CIO (the Union), from pursuing arbitration proceedings to set aside the discharge of Affaf Mohammed, a union member and a probationary non-tenured teacher of the City Colleges of Chicago assigned to Loop College. Plaintiff, the Board of Trustees of Community College District No. 508 (the Board), met on February 7, 1984. The Board's report 9770 terminating Mohammed's services as a teacher was presented to and adopted by the Board. The termination was to become effective on May 12, 1984.

On March 27, 1984, the Union filed a grievance with the Board pursuant to the procedures in the collective bargaining agreement between the Union and the Board. The collective bargaining agreement provided that when a grievance could not be resolved, a request for arbitration was to be made. The collective bargaining agreement defined a "grievance" as a complaint that there has been a violation, misrepresentation or inequitable application of any of the provisions of the collective bargaining agreement. The grievance in this case concerns the notice of termination of employment of a faculty member embodied in section VIII J 2 of the collective bargaining agreement, which provides:

"The decision to continue or to terminate the employment of a non-tenured faculty member shall be indicated to him in writing no later than February 15. Should the decision to terminate be indicated later than February 15, then said faculty member shall be offered one additional year of employment, which shall be the final year of employment."

The Union contends that there was noncompliance with the notice provision of the collective bargaining agreement because the Board did not notify Mohammed in writing of the termination of his employment before February 15 and therefore Mohammed was entitled to one additional year of employment or one year's pay under the provision of the collective bargaining agreement. The Board, however, contends that the dismissal of a non-tenured probationary faculty member is a discretionary, non-delegable power of the Board and therefore not subject to binding arbitration, in spite of section 10(b) of the Illinois Education Labor Relations Act (Ill. Rev. Stat., 1983 Supp., ch. 48, par. 1710(b)). We agree and we affirm.

Section 10(b) of the Illinois Education Labor Relations Act became effective on January 1, 1984, and provides:

"The parties to the collective bargaining process may effect or implement a provision in a collective bargaining agreement if the implementation of that provision has the effect of supplementing any provision in any statute or statutes enacted by the General Assembly of Illinois pertaining to wages, hours or other conditions of employment . . .." (Ill. Rev. Stat., 1983 Supp., ch. 48, par. 1710(b).)

Section 103B-3 of the School Code (Ill. Rev. Stat. 1983, ch. 122, par. 103B-3) provides that non-tenured probationary faculty members are to be given 60 days' notice of termination before the end of the school year or term. Said section reads as follows:

"If the implementation of such procedure results in a decision to dismiss a non-tenure faculty member for the ensuing school year or term, the Board shall give notice thereof to the faculty member not later than 60 days before the end of the ...


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