Opinion

Buckellew v. Board of Education

  • 215 Ill. App. 3d 506
  • 159 Ill. Dec. 58
  • 575 N.E.2d 556
  • 1991 Ill. App. LEXIS 1033
Court
Appellate Court of Illinois
Filed
Jun 18, 1991
Status
Published
Author
Lund
On the bench
Lund, Spitz
Cited by
35 cases

contractual continued service protections do not apply to those employees covered by section 10-23.5 of the Code

How later courts described this case

  • contractual continued service protections do not apply to those employees covered by section 10-23.5 of the Code
  • although custodian worked eight-hour days for several years on an "as needed” basis, he was not under "contract” and his employment relationship was at best "at will”; distinguished between support personnel and teachers subject to tenure

Written by the judges who cited it.

The opinion

PRESIDING JUSTICE LUND, specially concurring:

I agree that section 10 — 23.5 of the Code applies to custodian full-time employees. I believe the section could be made worthless if a reduction in hours could be used to circumvent its provisions. The section cannot be read as to apply to part-time employees.

It bothers me that employees who work 40 hours per week plus some overtime for over 2xk calendar years can be considered part time. However, the facts in this case, with plaintiff’s acknowledgement of his status, taken with the extra work of consolidating two schools, adequately sustain the trial court’s finding of temporary employment. Without the special facts present, I would be hard put to sustain a school district’s avoidance of the section by using the term temporary employment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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