ILLINOIS - The University of Illinois Board of Trustees
ILLINOIS - The University of Illinois Board of Trustees ILLINOIS - The University of Illinois Board of Trustees
19781 UNIVERSITY OF ILLINOIS 161 11/27 800 000 U.S. Treasury bills due 5/29/79 .................. 11/30 2 042 561 Continental Bank 10% percent time deposit due 1/22/79.. . . 9.65 10.13 762 586 66 2 042 561 11 On motion of Mr. Livingston, this report was approved as presented. SECRETARY’S REPORT The secretary presented for record appointments to the faculty and changes of status made by the president, resignations, and leaves of absence. A copy of the report is filed with the secretary. CHANGE IN MEMBERSHIP, CONSULTATIVE COMMITTEE TO ASSIST IN THE SELECTION OF A PRESIDENT President Howard reported a communication from Mr. William Karnes and from officers of the University of Illinois Foundation with regard to Ah. Karnes’s membership on the Consultative Committee (in his capacity as president of the University of Illinois Foundation). Mr. Karnes will be in the state only occasionally in the next several months and suggested that the vice president of the Foundation, Mr. Gardner W. Heidrick, be asked to serve on the committee in his place. On motion of Mr. Forsyth, the board approved the replacement as suggested. ANNOUNCEMENTS FROM THE PRESIDENT OF THE BOARD President Howard called attention to the schedule of meetings for the next three months: January 17 (annual meeting), Urbana; February 21, Medical Center; March 21, Chicago Circle. He also announced that an executive session had been requested and would be convened after the meeting for consideration of reports of pending litigation and to receive a progress report of the work of the Con- sultative Committee from its chairman, Mr. Martin Wagner. RECESS AND EXECUTIVE SESSION Following a short recess, the board reconvened in executive session and considered the following i terns of business : litigation Initiated by James C. Saunders and Dale F. Russell (20) A complaint has been filed in the Circuit Court of Champaign County (Case No. 78-L-1355) by James C. Saunders and Dale F. Russell in which “The Board of Trustees of the Illinois Industrial University” is named as the defendant. The plaintiffs are former nonacademic employees of the University in the classification of Assembly Hall stagehands who terminated their employments during the year 1977. The complaint is in six counts, the first three of which purport to be class actions, the class consisting of those persons similarly situated to the named plaintiffs. The other three counts are on behalf of the named plaintiffs individually. The complaint alleges that the University entered into a March 2, 1977 (probably intended to be March 2, 1978), agreement with Local 482 of the Inter-
162 BOARD OF TRUSTEES national Alliance of Theatrical and Stage Employees and Moving Picture Machine Operators which established rates to pay for Assembly Hall stagehands to be retro- active to January 1, 1977. It is further alleged that the University has refused to pay the named plaintiffs for time worked during 1977 at the rates subsequently agreed to and incorporated in the contract. Count One of the complaint seeks recovery for time worked in 1977 by the named plaintiffs and thostt similarly situated at the retroactive rates, on the theory of breach of contract. Count Two seeks the same recovery, on the theory that the plaintiffs were deprived of prop erty rights without due process in violation of the Fourteenth Amendment of the United States Constitution. Recovery of the same amounts under Count Three is sought on the basis of an alleged deprivation of property rights without due process in violation of the Constitution of the State of Illinois. Counts Four, Five, and Six do not purport to be class actions and seek recovery by the named plain- tiffs of amounts due them, all on the same theories expressed in the first three counts. The university counsel has recommended that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University in this matter and to defend the action. I concur. The student advisory vote was: Aye, Miss Kooper, Mr. Sobotka, Mr. Watson; no, none. On motion of Mr. Livingston. authority was given as recommended by the following vote: Aye, Mr. Forsyth, Mr. Hahn, Mr. Howard, hlr. Lenz, Mr. Livingston, Mr. Neal, Mrs. Rader, Mrs. Shepherd, Mr. Velas- quez; no, none; absent, Governor Thompson. There being no further business, the board adjourned. EARL W. PORTER Secretary GEORGE W. HOWARD I11 President
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162 BOARD OF TRUSTEES<br />
national Alliance <strong>of</strong> <strong>The</strong>atrical and Stage Employees and Moving Picture Machine<br />
Operators which established rates to pay for Assembly Hall stagehands to be retro-<br />
active to January 1, 1977. It is further alleged that the <strong>University</strong> has refused to<br />
pay the named plaintiffs for time worked during 1977 at the rates subsequently<br />
agreed to and incorporated in the contract. Count One <strong>of</strong> the complaint seeks<br />
recovery for time worked in 1977 by the named plaintiffs and thostt similarly<br />
situated at the retroactive rates, on the theory <strong>of</strong> breach <strong>of</strong> contract. Count Two<br />
seeks the same recovery, on the theory that the plaintiffs were deprived <strong>of</strong> prop<br />
erty rights without due process in violation <strong>of</strong> the Fourteenth Amendment <strong>of</strong> the<br />
United States Constitution. Recovery <strong>of</strong> the same amounts under Count Three<br />
is sought on the basis <strong>of</strong> an alleged deprivation <strong>of</strong> property rights without due<br />
process in violation <strong>of</strong> the Constitution <strong>of</strong> the State <strong>of</strong> <strong>Illinois</strong>. Counts Four, Five,<br />
and Six do not purport to be class actions and seek recovery by the named plain-<br />
tiffs <strong>of</strong> amounts due them, all on the same theories expressed in the first three<br />
counts.<br />
<strong>The</strong> university counsel has recommended that he be authorized to take such<br />
steps as are necessary or appropriate, including the employment <strong>of</strong> special counsel,<br />
to protect the interests <strong>of</strong> the <strong>University</strong> in this matter and to defend the action.<br />
I concur.<br />
<strong>The</strong> student advisory vote was: Aye, Miss Kooper, Mr. Sobotka, Mr.<br />
Watson; no, none.<br />
On motion <strong>of</strong> Mr. Livingston. authority was given as recommended<br />
by the following vote: Aye, Mr. Forsyth, Mr. Hahn, Mr. Howard, hlr.<br />
Lenz, Mr. Livingston, Mr. Neal, Mrs. Rader, Mrs. Shepherd, Mr. Velas-<br />
quez; no, none; absent, Governor Thompson.<br />
<strong>The</strong>re being no further business, the board adjourned.<br />
EARL W. PORTER<br />
Secretary<br />
GEORGE W. HOWARD I11<br />
President