IL Supreme Court Rules in Favor of Teacher Fired Arbitrarily

Here's an interesting IL Supreme Court case decided February, 2013 preventing teachers from being fired arbitrarily. It involves a downstate school district that is subject to the IL Educational Labor Relations Act and the interpretation of a union contract with the district.

Griggsville-Perry School Dist 4 v. The IL Educational Labor Relations Board,  Supreme Court of IL, 2013 IL 113721 (2/22/13)

     Griggsville School District held regularly scheduled board meeting at which a principal recommended a Ms. Hires, a paraprofessional for 11 years who helped at recess and taught keyboarding be discharged.

     Superintendent sent notice to Hires that she would be dismissed because she did not relate well to students and was not always pleasant and that she could respond at the following month’s meeting.

     Union filed a grievance with District alleging lack of specifics. District denied grievance.

     Hires spoke at meeting at which no further complaints were discussed and at conclusion the School Board dismissed her.

     The matter proceeded to arbitration. (Note: the decision does not state the basis for her right to arbitration. Probably pursuant to IL Educational Labor Relations Act, 115 ILCS 5/14(a)

     Following a hearing the arbitrator found the District to have arbitrarily violated the collective bargaining agreement that required an employee to receive a fair hearing before being discharged which was not afforded Hires at the meeting she attended and ordered the District to reinstate her.

     District refused and Union filed an unfair labor practice charge with the IL Educational Labor Relations Board pursuant to the IL Educational Labor Relations Act 115 ILCS 5/14(a) 2008.

     The IL Educational Labor Relations Board confirmed the award and the District appealed to the Appellate Court that reversed the award and confirmed the discharge with one dissent.

     The IL Supreme Court reversed the Appellate Court and confirmed the decision of the IL Educational Labor Relations Board reinstating the employee.

     Sup Ct:

Union’s collective bargaining agreement provided that when a member was required to appear before the Board of Education concerning any disciplinary matter, the member shall be given reasonable prior written notice of the reasons and be entitled to have a personal representative at said meeting.

     A notice of a proposed dismissal for “deficiencies” for not “relating well” to students and “not always pleasant” are generalizations that are impossible to defend against. Adequate notice is a fundamental element of the hearing process to enable the accused employee to marshal evidence and prepare her defense. She was entitled to the specifics of the factual allegations including names, dates and circumstances so as to confront her accusers and adduce any evidence in her defense.

     District erroneously argued that because the union agreement was silent on the question of a standard for dismissal, members were at-will employees who can be dismissed for any reason. The union agreement requiring a hearing changed her status from at-will to union agreement protected. When a union agreement requires a hearing, the hearing must be meaningful and cannot result in an arbitrary decision. The school board’s decision to dismiss was based on uninvestigated and unconfirmed parental complaints the specifics of which were never shared with Ms. Hires and thus the decision was procedurally and substantively arbitrary.

     Appellate Court reversed and decision of IELR Board reinstating Ms. Hires is confirmed.