# Speed District 802 v. Warning

> Illinois Supreme Court · May 23, 2011 · 242 Ill. 2d 92

URL: https://www.frixlaw.com/law-library/cases/9782806

## Case

- **Full name:** SPEED DISTRICT 802, A/K/A Governing Board of Special Education Joint Agreement District 802, Appellant, v. RACHEL WARNING Et Al., Appellees
- **Court:** Illinois Supreme Court
- **Decided:** May 23, 2011
- **Citations:** 242 Ill. 2d 92; 950 N.E.2d 1069
- **Precedential status:** Published
- **Opinion:** Dissent by Kilbride
- **Judges:** Burke, Kilbride, Freeman
- **Cited by:** 28 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/9782806

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9782806. Public record. Not legal advice.