A teachers union filed a charge with the Illinois Educational Labor Relations Board alleging an unfair labor practice, specifically that the school district failed to deduct and remit union dues in violation of the Illinois Educational Labor Relations Act. The administrative law judge recommended a decision and order finding that the district violated its statutory obligation which amounted to an unfair labor practice. The Board affirmed and ordered that the district reimburse the union for the amount of dues owed. On appeal, the district argued that the board lacked jurisdiction, the district did not commit an unfair labor practice, and that the Illinois Constitution prevents the district from using public funds to pay a private debt. The appellate court reversed and remanded, finding that under section 11.1(f) of the Act, motive is a relevant factor for consideration and that the district was negligent in failing to make the payments. (KNECHT and GRISCHOW, concurring)
Illinois Appellate Court
Civil Court
Illinois Educational Labor Relations Act