Illinois Appellate Court
Civil Court
School Law
School Board breached its collective bargaining agreement (CBA) with Teachers Union, and thus administrative hearing officer properly ordered tenured high school science teacher reinstated after Board dismissed him. School Code prevails over CBA to extent that they are inconsistent. As Code and CBA were not in conflict as to remediation plan, and CBA makes dismissal contingent upon a teacher's overall rating, Code does not override CBA. As teacher's overall rating was satisfactory, per terms of CBA teacher is subject to reevaluation rather than dismissal. (BURKE, concurring; McLAREN, dissenting.)