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11/20/87 Board of Education of v. Warren Township High

November 20, 1987

BOARD OF EDUCATION OF WARREN TOWNSHIP HIGH SCHOOL DISTRICT

v.

WARREN TOWNSHIP HIGH SCHOOL FEDERATION OF TEACHERS, LOCAL 504, IFT/AFT, AFL-CIO, ET AL., DEFENDANTS-APPELLANTS



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Nos. 2-87-0625, 2-87-0661 cons.

515 N.E.2d 1331, 162 Ill. App. 3d 676, 114 Ill. Dec. 60 1987.IL.1733

Appeal from the Circuit Court of Lake County; the Hon. Alvin Ira Singer, Judge, presiding.

APPELLATE Judges:

JUSTICE REINHARD delivered the opinion of the court. LINDBERG, P.J., and HOPF, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE REINHARD

Defendants, Warren Township High School Federation of Teachers (Union) and the Illinois Educational Labor Relations Board , bring these interlocutory appeals pursuant to Supreme Court Rule 307(a)(1) (107 Ill. 2d R. 307(a)(1)), consolidated in this court, from the order of the circuit court of Lake County granting plaintiff, Board of Education of Warren Township High School District 121 (School Board), a preliminary injunction enjoining the Union from proceeding to arbitration and the IELRB from conducting a hearing on the Union's unfair labor practice

claim.

The facts are not in dispute. The School Board is organized to operate the schools in Warren Township High School District 121 in Lake County, Illinois, pursuant to the Illinois School Code (Ill. Rev. Stat. 1985, ch. 122, par. 10-1 et seq.). The Union is the duly recognized bargaining unit for teachers in District 121. The IELRB is organized pursuant to the Illinois Educational Labor Relations Act (Act). Ill. Rev. Stat. 1985, ch. 48, par. 1705.

The Union represented Ms. Judith Frank, a former, nontenured teacher employed by District 121, under a collective bargaining agreement. Ms. Frank was employed for the years 1984-85 and 1985-86 in a probationary status. In April 1986, the superintendent of schools notified Ms. Frank that she would not be rehired for the 1986-87 school year and that her termination would become effective in June 1986.

The Union then filed a grievance on Ms. Frank's behalf claiming a violation of article V, sections A6 through A9 of the collective bargaining agreement in effect for the years 1985-88. Article V, sections A6 through A9, establish certain procedures for the evaluation of probationary teachers.

After denial of the grievance, the Union filed a demand for binding arbitration with the American Arbitration Association in June 1986, pursuant to article IX of the collective bargaining agreement, and requested that Ms. Frank be reinstated to her former position. On February 2, 1987, the School Board notified the Union that it would not submit to binding arbitration because the subject matter of the grievance concerned a discretionary, non-delegable power of the School Board and was, therefore, inarbitrable. The Union, on February 13, 1987, filed an unfair labor practice charge with the IELRB based on the School Board's refusal to submit to arbitration and pursuant to sections 4(a)(1) and (a)(5) of the Educational Labor Relations Act (Ill. Rev. Stat. 1985, ch. 48, pars. 1714(a)(1), (a)(5)). After investigating the claim, the IELRB issued a complaint and set the matter for hearing on June 4, 1987.

On February 25, 1987, the School Board filed its original complaint in the circuit court of Lake County, seeking a declaratory judgment as to the arbitrability of the grievance and a preliminary injunction to prevent the Union from arbitrating the grievance. It later filed an amended complaint seeking to enjoin the IELRB from conducting its hearing. On June 3, 1987, the circuit court issued the preliminary injunction. The order enjoined the Union and Ms. Frank from proceeding with arbitration before the American Arbitration Association scheduled for June 11, 1987, and also enjoined the IELRB from proceeding with its unfair labor practice hearing until the circuit court could decide the merits of the School Board's claim.

The Union appeals the preliminary injunction preventing it from proceeding with arbitration and preventing the IELRB from conducting the unfair labor practice hearing. The IELRB appeals the preliminary injunction to the ...


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