Cobden Unit School District No. 17 v. Illinois Educational Labor Relations Board

Illinois Appellate Court
Civil Court
School Law
Citation
Case Number: 
2012 IL App (1st) 101716
Decision Date: 
Tuesday, February 28, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed in part and affirmed in part; remanded with directions.
Justice: 
QUINN
School District was not required to arbitrate grievance filed by teachers union for District's nonrenewal of nontenured teacher's contract. Teacher had not been employed for four consecutive years, and thus was not entitled to 45-day written notice of dismissal. Parties' agreement does not require District to justify its nonrenewal decision or to provide nontenured teacher with a remediation plan as precondition to nonrenewal. "Just cause" provision in agreement is void under Section 10(b) of Illinois Educational Labor Relations Act, as it conflicts with power granted to District under School Code to dismiss probationary teachers. (LAMPKIN, concurring; R. GORDON, dissenting.)