2021 IL 126082
Ill.2021Background
- Western Illinois University laid off 19 faculty in 2016–17; ten grievances proceeded to arbitration under the parties’ collective bargaining agreement (CBA).
- Arbitrator issued a July 6, 2017 award finding violations as to several grievants and retained jurisdiction for at least 90 days to resolve implementation issues.
- The Union invoked the arbitrator’s retained (remedy) jurisdiction, alleging the University did not comply; the University disputed the arbitrator’s authority and said it had implemented the award.
- The arbitrator held a hearing and issued a March 5, 2018 supplemental award finding noncompliance as to two professors and ordering additional remedies; the Union then amended an unfair labor practice charge to include refusal to comply with the supplemental award.
- The Illinois Educational Labor Relations Board found the University violated section 14(a)(8) (refusal to comply with a binding arbitration award) and refused to consider evidence not presented to the arbitrator; the appellate court vacated and remanded. The Illinois Supreme Court affirmed the appellate court’s judgment: it held the arbitrator exceeded statutory authority by conducting a compliance review and directed the Board to consider all relevant evidence regarding compliance with the original award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an arbitrator may conduct a compliance review of his own award under the Illinois Educational Labor Relations Act | Union/Board: arbitrator’s remedy jurisdiction permits resolving implementation/compliance issues and issuing supplemental awards | University: Act vests exclusive primary jurisdiction over compliance review with the Board; arbitrator lacked statutory authority | Court: Arbitrator exceeded statutory authority; compliance review lies initially with the Board; supplemental award nonbinding |
| Whether the arbitrator exceeded contractual authority in issuing supplemental award | Union: supplemental award addressed remedy issues within the original submission | University: supplemental award went beyond the precise issue submitted to arbitration under the CBA | Court: disposition unnecessary after statutory-authority ruling (contractual argument not reached) |
| Whether the Board properly limited its evidentiary review to the record before the arbitrator when deciding an unfair labor practice charge | Union/Board: review may be limited to evidence presented to arbitrator | University: Board must consider any evidence relevant to an unfair labor practice defense, even if not before arbitrator | Court: Board erred; Section 15 entitles respondent to present evidence at Board hearing and Board must consider relevant evidence beyond the arbitrator’s record |
| Whether the University committed an unfair labor practice by refusing to comply with the supplemental and original awards | Union: both awards were binding; refusal = unfair labor practice under §14(a)(8) | University: supplemental award invalid; as to original award, University contends it complied and Board wrongly excluded evidence | Court: supplemental award not binding (arbitrator exceeded authority); remanded to Board to consider all evidence on compliance with original award |
Key Cases Cited
- Board of Education of Community School District No. 1 v. Compton, 123 Ill. 2d 216 (Ill. 1988) (Act vests primary jurisdiction over arbitration review with IELRB)
- Board of Education of Warren Township High School Dist. 121 v. Warren Township High School Fed. of Teachers, Local 504, 128 Ill. 2d 155 (Ill. 1989) (same principle on Board’s exclusive jurisdiction)
- American Federation of State, County & Municipal Employees v. State, 124 Ill. 2d 246 (Ill. 1988) (review of arbitrator’s award is narrowly circumscribed; presumption arbitrator did not exceed authority)
- Board of Education of Rockford Sch. Dist. No. 205 v. Illinois Educ. Labor Relations Bd., 165 Ill. 2d 80 (Ill. 1995) (plain statutory language controls interpretation of the Act)
- Griggsville-Perry Community Unit School Dist. No. 4 v. Illinois Educ. Labor Relations Bd., 2013 IL 113721 (Ill. 2013) (procedure for challenging arbitration awards under the Act involves refusing to comply and bringing an unfair labor practice charge to the Board)