Board of Education of Community School District No. 1 v. Compton

JUSTICE LUND, specially concurring:

I concur with the opinion of Justice Spitz. If the circuit courts were to review the issues set forth in section 12(a) of the Uniform Arbitration Act, or those established by common law, minimizing disputes would be hampered by unnecessary delay, thus frustrating one of the purposes of the Act. It is apparent, as indicated by the dissent, that the original legislation is lacking in certain particulars, but such does not justify judicial emasculation of the Act.

While the case now before us may not involve facts which would further the growth of a festering sore within the school system, the decision we make does create a precedent which will control fact situations that can lead to disruption in public education. History of labor law is argument for early determination of employee-employer disputes. The Illinois Educational Labor Relations Board, as stated in Judge Spitz’s opinion and Judge Green’s dissent, is created with built-in expertise. The speciality of the Board cannot be economically duplicated in the many judicial circuits.

With due deference to Judge Green’s dissent, I agree that the legislative intent is appropriately recognized in the opinion of Judge Spitz. A fine tuning of the legislation is the responsibility of the General Assembly and can easily cure the problems Judge Green envisions.