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10/06/88 Board of Education of v. Educational Labor

October 6, 1988

BOARD OF EDUCATION OF DANVILLE COMMUNITY CONSOLIDATED

v.

ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD ET AL., RESPONDENTS NO. 4-88-0197



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

529 N.E.2d 1110, 175 Ill. App. 3d 347, 125 Ill. Dec. 34 1988.IL.1509

Petition for review of order of Illinois Educational Labor Relations Board.

APPELLATE Judges:

PRESIDING JUSTICE GREEN delivered the opinion of the court. LUND and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE GREEN

Petitioner Board of Education of Danville Community Consolidated School District No. 118 (District) has taken administrative review to this court (Ill. Rev. Stat. 1987, ch. 48, par. 1716(a)) from an order of respondent Illinois Educational Labor Relations Board issued February 11, 1988. The order found the District guilty of two unfair labor practices arising from the District's refusal to obey an arbitrator's award in favor of James Skinner, a tenured teacher in the District's system and a member of respondent Danville Education Association, IEA/NEA . The award found the District guilty of imposing unfair discipline upon Skinner when it failed to reappoint him to the extracurricular position of assistant track coach at Danville High School for the 1986-87 school year shortly before Skinner had been placed on supervision in the circuit court of Vermilion County on a charge of driving under the influence of intoxicating liquor.

The decision of the District not to reappoint Skinner was made on August 26, 1986, and reported to him on September 4, 1986. On or about September 23, 1986, DEA filed a grievance with the District alleging the decision violated section 7.7 of article VII of the collective-bargaining agreement between the District and DEA. That section states:

"Teacher Discipline. The Board agrees that its rules and regulations governing teacher conduct shall be reasonable and that enforcement of teacher discipline shall be fair and for cause."

The matter proceeded through a grievance procedure pursuant to article X of that agreement. Section 10.1 thereof provides for use of the grievance procedure for "[any] claim . . . [of] a violation . . . of [the] Agreement." Section 10.3 of that article requires eventual binding arbitration if the dispute is not settled at an earlier step.

The matter was not settled, and arbitration resulted. The arbitrator's award found the District had disciplined Skinner unfairly and required Skinner's reinstatement for the 1986-87 school year and back pay for the period he was not rehired.

Section 14(a)(8) of the Illinois Educational Labor Relations Act (Act) (Ill. Rev. Stat. 1987, ch. 48, par. 1714(a)(8)) makes the refusal of an educational employer such as the District to abide by a binding arbitration award an unfair labor practice. However, the refusal to abide by such an award is the accepted and only method of attacking the validity of the award. (Board of Education of Community School District No. 1, Coles County v. Compton (1988), 123 Ill. 2d 216, 526 N.E.2d 149.) We agree with IELRB that the proper procedure for it to follow in passing upon a charge of a violation of section 14(a)(8) is to determine:

(1) whether there is a binding arbitration award;

(2) what the content of the award is; and

(3) whether compliance has been made ...


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