The Board of Education of Waukegan Community Unit School District No. 60 v. Orbach

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 120504
Decision Date: 
June 17, 2013
District: 
2d Dist.
Division/County: 
Lake Co.
Justice: 
HUDSON
Holding: 
Reversed.
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.)