Barrall v. Board of Trustees of John A. Logan Community College
153 N.E.3d 173
Ill. App. Ct.2019Background
- In March 2016 John A. Logan Community College voted to reduce full‑time faculty; 27 tenured faculty (including the seven named plaintiffs) were laid off effective Aug. 2016.
- During the 2016–17 year the college hired adjunct (term) instructors to teach many of the courses formerly taught by the laid‑off tenured faculty; six plaintiffs were later recalled but one (Beyler) was not.
- Plaintiffs sued for a writ of mandamus, damages, restoration of benefits/retirement credit, and injunctive relief, alleging the college violated 110 ILCS 805/3B‑5 (recall/bumping statute) by hiring adjuncts during the 24‑month recall period.
- The college moved to dismiss under §2‑619, arguing the claims were released by a settlement agreement and, on the merits, Biggiam v. Bd. of Trustees precludes treating adjuncts as “employees with less seniority.”
- The trial court dismissed, relying on Biggiam; the appellate majority reviews de novo and assumes plaintiffs’ well‑pled facts true.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are adjunct instructors “other employee[s] with less seniority” under 110 ILCS 805/3B‑5? | Adjuncts have no seniority and therefore have "less seniority" than tenured faculty; statute’s plain meaning covers them. | The proviso should be read to limit preference to other faculty (tenured or eligible for seniority); Biggiam holds adjuncts are excluded. | Majority: "employee[s] with less seniority" includes adjuncts (employees with no seniority). Biggiam’s narrower reading is rejected. |
| Do bumping rights protect individual courses (course‑by‑course) or only full teaching positions? | Plaintiffs: bumping rights extend to services (including specific courses) the tenured faculty member is competent to render; adjuncts teaching the same courses defeats recall rights. | Defendant: statute protects reappointment to positions only; boards need not cobble courses into positions. | Majority: under these facts (courses still offered and taught by adjuncts), bumping rights can apply to individual courses; remand for factual development. |
| Does legislative inaction after Biggiam mean the statute must be read as Biggiam did? | Plaintiffs: Biggiam was wrongly decided and not controlling. | Defendant: legislature amended §3B‑5 later without changing the language—presume legislature accepted Biggiam’s interpretation. | Majority: presumption of legislative ratification is rebutted where statutory text, purpose, and consequences show contrary intent; court rejects Biggiam’s approach. |
| Remedies: Should appellate court order mandamus and damages or remand? | Plaintiffs requested immediate mandamus and damages hearing. | Defendant opposed immediate relief without factual proof. | Majority: remand for further proceedings; plaintiffs must prove allegations before final relief. |
Key Cases Cited
- Biggiam v. Board of Trustees of Community College District No. 516, 154 Ill. App. 3d 627 (Ill. App. Ct. 1987) (Second Dist.) (held adjuncts not "employees with less seniority" and that bumping rights apply to positions, not individual courses)
- Birk v. Board of Education of Flora Community Unit School District No. 35, 104 Ill. 2d 252 (Ill. 1984) (discusses tenure purpose—priority among tenured vs. non‑tenured teachers)
- Peters v. Board of Education of Rantoul Township High School District No. 193, 97 Ill. 2d 166 (Ill. 1983) (courts will not require districts to reassemble courses into a new position to create bumping rights)
- Solon v. Midwest Medical Records Ass'n, 236 Ill. 2d 433 (Ill. 2010) (statutory construction principles: give clear statutes their plain meaning)
- Pennell v. Board of Education of Equality Community Unit School District No. 4, 137 Ill. App. 3d 139 (Ill. App. Ct. 1985) (school‑code tenure cases preventing reassignments that defeat tenured teachers’ rights)
- Piatak v. Black Hawk College District No. 503, 269 Ill. App. 3d 1032 (Ill. App. Ct. 1995) (tenure provisions in the Community College Act serve same purposes as School Code tenure)