City of Naperville v. Illinois Fraternal Order of Police

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 121071
Decision Date: 
September 24, 2013
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
SCHOSTOK
Holding: 
Reversed.
Dispute over whether parties' collective bargaining agreement (CBA) governed situation where City refused to hire a member of FOP Labor Council to operate a snowplow while he was off duty. CBA indicated that only a grievance that involved an express provision would be subject to arbitration, which means that not every grievance a police officer had with the City would be subject to arbitration. No provision in CBA directly states that a police officer may arbitrate City's failure to hire him to drive a snowplow while off duty. Per plain language of CBA, City was not obligated to arbitrate underlying dispute with Labor Council. (HUDSON and BIRKETT, concurring.)