# FILED July 30, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE

SERIE M. BLAND, ) HAMILTON CIRCUIT ) Plaintiff/Appell

ant ) v. ) NO. 03A01-9801-C V-00024 ) DAVID COWAN, TENNESSEE ) HON. L. MARIE WIL LIAMS, EDUCATION ASSOCIATION, ) JUDGE and HAMILTON COUNTY ) EDUCATION ASSOCIATION, ) ) Defendants/Appel

lants ) AFFIRMED
Mitchell A. By

rd, Chattanooga, for Appellant William E. Godbold, III, Chattanooga, for Appellee D avid Cowan Charles Ham

pton White, Nas

hville, for Appell

ees Tennessee E

ducation Association and Ha

milton County

Education Associa

tion


### M E M O R A N D U M O P I N I O N INMAN, Senio

r Judge The plaintiff is a non-tenured teache r in the Hamil

ton County School system. She was emplo

yed at the Brow

n Middle School for th

e school year 199 3- 94. At the end of the

1994-95 school yea

r she was transfe

rred to Red Bank Middle School because of a decrease i n enrollment at

Brown. She was

one of seven science teac

hers at Red Bank w

hen the 1995-96 school y ear began on August 28, 1995. About a week later, Mr. Cowan, principal of Red Bank, announced that because of a decr

ease in enrollm

ent, the school woul

d lose teachers. On September

8, 1995, the plaintif

f was informe

d that she was being transferred to So

ddy-Daisy

Middle School, along

with two other tea

chers.1 Affirm ance W ithout O pinion - M emor andum Opinio n. (b) The Court, w ith the con currenc e of all judges part

icipat ing in the

case, may aff

irm, rever

se or modify t

he actions

of the tr ial court by memorandum opinion when a for

mal opinion would have no precedenti

al value.When a case is decided by memorandum opinion it

shall be designate

d “MEMORA NDUM OPINION ,” shall not be publi shed, and sha ll not be cited or relied on fo r any reas on in a su bseque nt unrelate d case. [A s amen ded by order filed April 22 , 1992.] 2 She reported to duty at Soddy-Daisy on September 11, 1995 and was assigned to teach fiv

e seventh grade cla

sses. She did not re

port for duty on Septe mber 13 , 1995 , late r stat ing t hat sh e was h avin g some e motio nal pr oble ms because of the situa

tion and sought psych

iatric help. She thereafter f

iled a grievance ove

r the transfer, which the Board of Education decided a

dversely to her . In this action she c omplains that the Tennessee Educa

tion Association [“

TEA”] and the

Hamilton County

Education Association [“

HCEA”] owe

d her the duty of p

roviding counsel pursua

nt to a collective bargaining agreement then in effect, and that the agreement provided that she was entitled to five days notice of the transfer in contrast to the three days which we

re accorded to her. She seeks dam ages for the allege

d wrongful transfer. The case was dism

issed on motion for

summary judgment. We find that the case is peculiarly appropriate for di sposition pursuant to Rule 10, Rules of the

Court of Appeals. 1 Pursuant to this Rule,

the judgment is

affirmed at

the costs of the Appellant.

_______________________________ William H.

Inman, Senio

r Judge CONCUR:

_______________________________ Houston M. Goddard, Presiding Judge

_______________________________ Don T. McMurra

y, Judge