Cobden Unit School District No. 17 v. Illinois Educational Labor Relations Board
966 N.E.2d 503
Ill. App. Ct.2012Background
- District petitions for direct review of IELRB ruling; appeals consolidated (No. 1-10-1716 and No. 1-10-1777).
- Spencer Cox, a third-year nontenured teacher, was nonrenewed for 2007-08; notice given under Illinois School Code.
- Association filed grievances on Cox’s behalf alleging violations of Articles VII (Personnel File), XIII (Evaluation Plan) and VI (Just Cause).
- Grievance sought arbitration; District argued nonrenewal decisions for probationary teachers are discretionary and not arbitrable under the contract or statute.
- IELRB held XIII and VII arbitrable but not the just-cause issue under section 10(b) of the Act; Court reversed in part and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether XIII and VII grievances are arbitrable under the contract. | Association asserts contract requires arbitration of evaluation and personnel-file issues. | District argues no arbitrable basis; probationary nonrenewal not governed by just-cause arbitration. | Arbitrable under the contract. |
| Whether the just-cause nonrenewal issue is arbitrable under the Act. | Association contends just-cause applies to all discipline, including nonrenewal. | District argues Board’s discretion to nonrenew probationary teachers conflicts with arbitration. | Not arbitrable; statute grants nonrenewal discretion to the Board. |
| Whether Section 10(b) of the Act precludes arbitration of contract-based grievances. | Grievances concern contract terms not statutes. | Section 10(b) prohibits implementing provisions conflicting with statutes; may bar arbitrability. | Section 10(b) bar applies to the just-cause issue, not to XIII/VII issues. |
Key Cases Cited
- Niles Township High School District No. 219 v. Illinois Educational Labor Relations Board, 379 Ill. App. 3d 22 (2007) (arbitration not required for probationary nonrenewal; statutory discretion retained by District)
- Lockport Area Special Education Cooperative v. Lockport Area Special Education Cooperative Ass’n, 33 Ill. App. 3d 789 (1975) (probationary dismissal is discretionary; just-cause arbitration limited)
- Midwest Central Education Ass’n v. Illinois Educational Labor Relations Board, 277 Ill. App. 3d 440 (1995) (board's discretion not to renew probationary teachers cannot be delegated to arbitration)
- Rockford Board of Education v. Illinois Educational Labor Relations Board, 165 Ill. 2d 80 (1995) (just-cause provisions conflict with Code authority over notices to remedy)
- Staunton Community Unit School District No. 6 v. Illinois Educational Labor Relations Board, 200 Ill. App. 3d 370 (1990) (test for arbitrability of grievances under contract)