The County of Cook v. Illinois Labor Relations Board

Illinois Labor Relations Board (ILRB) found Cook County guilty of unfair labor practice (ULP) by refusing to offer one of two former employees reinstatement as settlement offer during settlement conference. ILRB erred in finding of ULP, as previously entered final, binding union arbitration decision finding employees terminated for just cause is conclusive evidence of justifiable termination. ALJ and ILRB panel failed to apply rules of evidence applicable in Illinois courts, including Federal Rule of Evidence 408, and ILRB rule on settlement talks, as to inadmissibility of statements made during settlement conference. (CONNORS and HARRIS, concurring.)