# Board of Education v. Illinois Educational Labor Relations Board

> Appellate Court of Illinois · October 24, 1991 · 220 Ill. App. 3d 984

URL: https://www.frixlaw.com/law-library/cases/7024876

## Case

- **Full name:** BOARD OF EDUCATION OF THE CITY OF PEORIA, SCHOOL DISTRICT No. 150, a/k/a Peoria School District No. 150 v. THE ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
- **Court:** Appellate Court of Illinois
- **Decided:** October 24, 1991
- **Citations:** 220 Ill. App. 3d 984; 163 Ill. Dec. 444; 581 N.E.2d 395; 1991 Ill. App. LEXIS 1827
- **Precedential status:** Published
- **Opinion:** Concurrence by Lund
- **Judges:** Green, Lund, Steigmann
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7024876

## Opinion text

PRESIDING JUSTICE LUND, specially concurring:
An employee’s union involvement must never be a factor in employee discipline considerations. When employee discipline appears to have been affected by union involvement, the discipline or termination should be suspect. In the present case, however, the findings of the hearing officer and the determination of the Board are not justified by the evidence. In my opinion, the danger of a lack of objectivity is present. It is not the function of the Board to provide wholesale job security.
I disagree with Justice Green’s statement that the evidence is not “quite as one-sided” as the majority opinion suggests. Russell’s request for union representation was an insignificant part of the overall problem. The evidence establishes the District administrative personnel were making substantial efforts to provide alternative employment for an employee unable or unwilling to perform her assigned duties in an acceptable fashion. Russell’s abusive responses to this assistance were clearly the factor triggering the termination. Our reversal is called for by the record.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7024876. Public record. Not legal advice.