Opinion

Speed District 802 v. Warning

  • 242 Ill. 2d 92
  • 950 N.E.2d 1069
Court
Illinois Supreme Court
Filed
May 23, 2011
Status
Published
Author
Kilbride
On the bench
Burke, Kilbride, Freeman
Cited by
28 cases

The opinion

CHIEF JUSTICE KILBRIDE, dissenting:

I would allow rehearing in this case for all the reasons stated in Justice Freeman’s dissent upon denial of rehearing. In addition, I believe this court should allow rehearing to consider the appropriate remedy for the unfair labor practice in this case.

The petitioners ask this court to address the appropriate remedy for the unfair labor practice, contending that the Board’s “make-whole” remedy of reinstatement with acquisition of tenure should be affirmed. I agree. As noted in my dissent (242 Ill. 2d at 124 (Kilbride, C.J., dissenting)), the Board has wide discretion in fashioning “make-whole” remedies in unfair labor practice cases. Paxton-Buckley-Loda Education Ass’n, 304 Ill. App. 3d at 353-54. The Board did not abuse its discretion in reinstating Warning’s teaching contract with the consequence that she receive tenure. I believe the appellate court properly confirmed the Board’s decision, including its remedy of reinstatement of Warning’s employment. I would allow rehearing to address the appropriate remedy for the unfair labor practice as well as the points identified in Justice Freeman’s dissent upon denial of rehearing.

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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