(Correcting court designation.) Defendants' (former employee and union) grievance arbitration, for termination of Defendant's employment with Plaintiff Village's Police Department was barred by waiver and res judicata. Defendants waived any potential right to statutory arbitration of grievance, by choosing to participate in hearing before Board of Police and Fire Commissioners, and thus Defendants acted inconsistently with their right to arbitrate. Thus, Plaintiff was entitled to summary judgment on its complaint for declaratory judgment and for stay of arbitration. Board's administrative was judicial in nature, and Board issued a decision after hearing which, for purposes of res judicata, was a final judgment on merits rendered by a court of competent jurisdiction. (KARMEIER, FREEMAN, GARMAN, BURKE, and THEIS, concurring.)
Illinois Supreme Court
Civil Court
Arbitration