Hazel Crest Federation of Teachers v. Board of Education

563 N.E.2d 1088, 206 Ill. App. 3d 69, 150 Ill. Dec. 961, 1990 Ill. App. LEXIS 1737
CourtAppellate Court of Illinois
DecidedNovember 15, 1990
Docket1-89-1331
StatusPublished
Cited by8 cases

This text of 563 N.E.2d 1088 (Hazel Crest Federation of Teachers v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hazel Crest Federation of Teachers v. Board of Education, 563 N.E.2d 1088, 206 Ill. App. 3d 69, 150 Ill. Dec. 961, 1990 Ill. App. LEXIS 1737 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE MeMORROW

delivered the opinion of the court:

This is an appeal from an order awarding attorney fees and costs pursuant to section 2—611 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2—611). The sole issue presented is the propriety of that order.

On November 12, 1986, the Hazel Crest Federation of Teachers, Local 2077 (Union), and four individual members of the Union, Eudell Black, Jacqueline Davis, Ceopal Porter and Velma Webb (plaintiffs) filed a two-count complaint against the Board of Education of School District 1521/2 (the Board), alleging breach of the collective bargaining agreement in effect in May 1985. The facts giving rise to this action were presented through testimony, at the arbitration hearing 1 as related in the arbitrator’s decision and through testimony given at trial.

In 1985, the individual plaintiffs were all employed as teachers in the school district. Porter and Webb were assigned exclusively to the Warren Palm (Palm) elementary school, while Black and Davis were specialty teachers (physical education and special education, respectively) who taught at different schools in the district on different days of the week.

Sometime in spring 1985, a representative of Great America Amusement Park contacted the principal of Palm, Predonna Roberts, regarding a school trip to the park on Friday, May 24, 1985. Roberts contacted the PTA, which agreed to sponsor the trip by paying for the buses. On April 23, Roberts held a meeting with the teachers to discuss the proposed outing and learn their feelings about it before making a commitment to Great America. She explained that unlike prior trips involving only the eighth-graders, this outing would involve the entire student body of almost 200 children and that, therefore, the cooperation of the teachers was necessary. It is undisputed that the overall response of the teachers in attendance that day was favorable. On April 24, flyers were distributed to the children stating that the buses would depart at 8:15 a.m. and return at approximately 6 p.m., 3V2 hours beyond the normal school day.

Porter testified that the teachers met a few days later to discuss the trip among themselves. She and several others had not initially realized that May 24 was the Friday before the Memorial Day weekend, and that they had previously made plans for that Friday evening. On April 26, two teachers wrote a note to Roberts requesting a meeting with her regarding numerous questions they had about the trip, one of which was whether all teachers would be required to attend. On April 30, another faculty meeting was held at which all the teachers, except the specialty teachers, were present. According to Roberts, she advised them that their attendance on the trip was required. Porter and Webb testified that Roberts did not say that attendance was mandatory. Porter testified that she told Roberts at that meeting that she could not go because she had committed herself to picking up relatives at O’Hare airport after regular school hours that day, but Roberts said she was not interested in her reasons for not going. Roberts denied that Porter told her then or at any time prior to the day of the trip that she could not attend.

On May 1, a questionnaire prepared by the PTA was distributed to all the teachers. It read:

“In order to know definitely that the staff will attend the Great America trip planned for May 24, 1985, we ask that each teacher sign his or her name and indicate a yes or no answer by Thursday, May 2. The trip will be cancelled if we do not have adequate staff participation. Parents will be notified of the decision no later than May 3,1985.”

Of the 16 teachers, eight responded to the questionnaire, five saying that they would attend and three saying they would not. One of those answering “no” was Davis, who wrote that she would be at another school on that day. The PTA then distributed another flyer to the children requesting parent-chaperones. It was the plaintiffs’ position that the phrasing of the poll and flyer implied that attendance was optional.

A regular faculty meeting was held on May 14. Porter testified that prior to the meeting she approached Roberts to repeat that she was unable to go on the trip. Roberts responded that she did not wish to hear Porter’s explanation because the meeting was not held to discuss the trip. It appears that the only issue raised concerning the field trip was who would pay for the teachers' admission to the park. Nothing was said at the meeting about mandatory attendance.

At a Board meeting on May 20, the PTA president advised the Board that several of the teachers indicated they would not be attending. Superintendent Dorothy Boyd, as well as Roberts, testified that Boyd directed Roberts to make it clear that all teachers were expected to attend the outing.

Three days later, May 23, Roberts held another meeting at which she read the following prepared statement,

“In a discussion at Monday Night’s School Board Meeting relative to the question if all teachers are required to go on the school field trip sponsored by the PTA to Great America on Friday, May 24th, since this is a school-wide function, all teachers who normally teach at Warren Palm on that day are required to attend and supervise on Friday, May 24th.”

Roberts testified that someone asked if all teachers had to attend the outing whereupon she reread the above statement. Porter testified that she did not fully understand the statement and asked Roberts to give her a copy, but Roberts refused.

On the morning of May 24, approximately 160 students from the school boarded buses for the field trip. One teacher who had been excused from the trip was assigned to remain at the school to supervise the children who did not go. Two other specialty teachers assigned to Palm on Friday afternoons were also excused and assigned tasks at the school. Another teacher called in sick and subsequently produced a medical statement confirming her illness. Altogether, six teachers attended the outing.

Porter testified that she was summoned to Roberts’ office at about 8 a.m. Roberts asked her if she was refusing to go on the field trip. Porter stated that she had explained some time ago her reasons for not being able to go. Roberts asked whether Porter was refusing an assigned task, to which Porter responded that her understanding was that her task was to be at school supervising those of her students not attending the trip. Porter remained at school for the day, grading papers. Porter stated that she had personally planned and taken her own students on two prior trips to Great America and repeated that her only reason for not going was because the trip extended into the evening for which she had prior commitments. She also maintained that she had not been directly told that she was obligated to go on the trip until her conversation with Roberts that morning.

According to the arbitrator’s decision, Davis, one of the specialty teachers, testified at the arbitration hearing 2 that she was assigned to Palm only on Friday mornings and that she had assignments at other schools on Friday afternoons.

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Bluebook (online)
563 N.E.2d 1088, 206 Ill. App. 3d 69, 150 Ill. Dec. 961, 1990 Ill. App. LEXIS 1737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hazel-crest-federation-of-teachers-v-board-of-education-illappct-1990.