Chicago Teachers Union v. Illinois Educational Labor Relations Board, No. 1-01-0293, 1-01-2510 cons. (1st District, October 24, 2002). Decision of the Illinois Educational Labor Relations Board that grievance over selection of teachers to teach summer school was not subject to collective bargaining arbitration because it was issue of "class staffing and assignment" was clearly erroneous. Grievances involved issue of whether teachers were hired for additional summer employment not what classroom they were assigned or staffing level.
Land v. Board of Education, No. 92837 (November 21, 2002). Although Chicago School Board may delegate its statutory authority to lay off tenured teachers, and section 34-18 of the School Code permits them to do so without cause, as defined by section 34-85 of the Code, the record is insufficient to justify summary judgment in favor of the Board. There is insufficient evidence that it properly followed its own procedures.
Tort immunity and liability
Antonacci v. City of Chicago, No. 1-01-3317 (1st District, November 6, 2002). Trial court erred when it dismissed complaint against City of Chicago alleging willful and wanton negligence of emergency personnel for failing to perform EKG or defibrillation of plaintiff's decedent after correctly diagnosing his heart attack. Allegations, with physician's report attached, fit within the exception set out in section 6-106(d) of the Local Governmental and Governmental Employees Tort Immunity Act.
Repede v. Community Unit School District, No. 300 No. 2-01-0940 (2nd District, October 31, 2002). Trial court properly dismissed a complaint against school district for negligence associated with broken arm received while practicing pyramid stunt in cheerleading pursuant to Local Governmental and Governmental Employees Tort Immunity Act. School district did not assume liability by joining IHSA and adopting its spirit rules.
Brugger v. Joseph Academy, Inc., No. 92887 (November 21, 2002). A private, not-for-profit corporation operating private special education facility which receives most of its funding from tuition payments from public school districts is not so enmeshed with government that it qualifies for protection under the Local Governmental and Governmental Employees Tort Immunity Act. Therefore, appellate court properly reversed trial court's grant of summary judgment in school's favor.
Whistleblower protection
People ex rel. Levenstein v. Salafsky, No. 2-01-0378 (2nd District, October 31, 2002). A complaint by a member of the faculty of the University of Illinois Medical School B Rockford, against the dean pursuant to the Whistleblower's Reward and Protection Act alleging misuse of University funds derived, in part, from the State of Illinois states a cause of action despite the absence of any election on the part of the University to adopt the provisions of the Act. Further, the litigation is not barred by case pending in Federal court alleging improper firing in retaliation for reporting alleged misuse of funds.
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