Village of Bartonville v. Lopez

This case presents question as to whether trial court properly granted plaintiff-employer’s motion for summary judgment in action seeking declaration that it was not subject to arbitration of grievance filed by defendants-employee and employee’s union regarding employee’s termination from plaintiff’s police department. Appellate Court, in reversing trial court and ordering parties to proceed with arbitration so that arbitrator could decide whether instant disciplinary matter was subject to arbitration under collective bargaining agreement, found that collective bargaining agreement was unclear as to whether parties intended to exclude disciplinary matters from grievance arbitration procedure. In its petition for leave to appeal, plaintiff argued that principles of res judicata and judicial economy barred instant dispute from arbitration, where employee had fully participated in termination complaint before Bd. of Fire and Police Commissioners, which ultimately found that employee’s violation of certain police department procedures justified his termination. (Dissent filed.)