Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board
14 N.E.3d 1092
Ill. App. Ct.2014Background
- Board of Education designates probationary teachers nonrenewed twice or given unsatisfactory ratings as Do Not Hire (DNH).
- DNH is placed in personnel files, potentially blocking district rehiring and prompting grievances.
- Union filed four grievances seeking arbitration and challenging the DNH policy and its procedural aspects under the CBA.
- IELRB found the Board violated section 14(a)(1) of the Act by refusing arbitration; Board appealed.
- CBA governs grievance procedure with Article 3 providing arbitration and Article 48-2 reserving managerial policy rights.
- Court adopts de novo review of legal issues; central dispute is arbitrability under the CBA and Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the DNH grievances arbitrable under the CBA? | Union/IELRB: broad grievance clause covers issues; arbitration required. | Board: inherent managerial policy exclusions bar arbitration. | Grievances are inarbitrable under the CBA. |
| Does the management-rights clause exclude arbitration in these cases? | Staunton-like view allows arbitrability absent express exclusion. | Clause expressly reserves hiring decisions as inherent managerial policy. | Management-rights exclusion applies; arbitration not required. |
| Does section 10(b) or section 4 of the Act preclude arbitration here? | Neither precludes arbitrating procedural CBA violations. | Section 4 and statutory framework support non-arbitrability of managerial decisions. | Arbitration is not compelled; issues are inarbitrable under the Act. |
| Would arbitration of the CBA-based grievances conflict with the School Code or statutes? | Statutory provisions do not bar arbitrability of procedural CBA claims. | School Code and hiring discretion support non-arbitrability. | No conflict found that would require arbitrating these grievances. |
Key Cases Cited
- Niles Township High School District 219 v. Illinois Educational Labor Relations Board, 379 Ill. App. 3d 22 (2007) (arbitrability and arbitrability-dependent challenges under Act)
- Cobden Unit School District No. 17 v. Illinois Educational Labor Relations Board, 2012 IL App (1st) 101716 (2012) (arbitrability and past practice under CBA; conflict with School Code noted)
- Lockport Area Special Education Cooperative v. Illinois Educational Labor Relations Board, 33 Ill. App. 3d 789 (1975) (probationary dismissal power reserved to board; arbitration limitations)
- Midwest Classification Education Ass’n v. Illinois Educational Labor Relations Board, 277 Ill. App. 3d 440 (1995) (arbiter power vs. School Code constraints on nonrenewal)
- Staunton Community Unit School District No. 6 v. Illinois Educational Labor Relations Board, 200 Ill. App. 3d 370 (1990) (arbitrability despite management-rights clause; express exclusion required)
- United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574 (1960) (arbitration as part of contract; merits irrelevant to arbitrability)
- Chicago School Reform Board of Trustees v. Illinois Educational Labor Relations Board, 315 Ill. App. 3d 522 (2000) (balancing test for bargaining vs. inherent managerial policy)
- Staunton, 200 Ill. App. 3d 370, 200 Ill. App. 3d 370 (1990) (see above Staunton reference)