W. Ill. Univ. v. Ill. Educ. Labor Relations Bd.
| Decision Date | 10 April 2020 |
| Docket Number | NO. 4-19-0143,4-19-0143 |
| Citation | 2020 IL App (4th) 190143,165 N.E.3d 467,444 Ill.Dec. 821 |
| Parties | WESTERN ILLINOIS UNIVERSITY, Petitioner, v. The ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD and University Professionals of Illinois, Local 4100, Respondents. |
| Court | United States Appellate Court of Illinois |
Roy G. Davis and Abby J. Clark, of Davis & Campbell L.L.C., of Peoria, for petitioner.
Kwame Raoul, Attorney General, of Chicago (Jane Elinor Notz, Solicitor General, and Ann C. Maskaleris, Assistant Attorney General, of counsel), for respondent Illinois Educational Labor Relations Board.
Melissa J. Auerbach, of Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich, of Chicago, for other respondent.
¶ 1 In February 2019, respondent, the Illinois Educational Labor Relations Board (IELRB), found petitioner, Western Illinois University (University), violated section 14(a)(8) and, derivatively, section 14(a)(1) of the Illinois Educational Labor Relations Act (Act) ( 115 ILCS 5/14(a)(1), (a)(8) (West 2016)), when it failed to comply with a (1) July 2017 arbitration award and (2) March 2018 supplemental arbitration award.
¶ 2 On direct administrative review of the IELRB's order, the University argues that the IELRB erred in determining that it violated sections 14(a)(1) and 14(a)(8) of the Act because (1) whether the University complied with the July 2017 arbitration award was not an arbitrable issue as a matter of law, (2) the arbitrator lacked the contractual authority to determine that the University failed to comply with the July 2017 arbitration award, and (3) the University was privileged to refuse compliance with the March 2018 supplemental award because it was not binding. We agree, vacate the IELRB's opinion and order, and remand with instructions.
¶ 5 The University was founded in 1899 and is a public institution of higher education in Illinois. University Professionals of Illinois, Local 4100, IFT-AFT, AFL-CIO (Union), is the exclusive collective bargaining representative of a single bargaining unit consisting of two groups of faculty employed by the University. The Act ( 115 ILCS 5/1 to 21 (West 2016)) applies to and regulates relations between the University and the Union for the bargaining units. A board of trustees governs the University's operations pursuant to section 35-10 of the Western Illinois University Law ( 110 ILCS 690/35-10 (West 2016) ). Jack Thomas is the University's president and chief executive and reports to the board of trustees. Academic Vice President Kathleen Neumann reports to Thomas and oversees all of the colleges, libraries, budgets, and planning.
¶ 6 In the time period relevant to this appeal, the University and the Union were parties to a collective bargaining agreement (CBA). Article 24 of the CBA contained provisions regarding staff reduction procedures for tenured and tenure-track faculty and specifically authorized the University to lay off employees due to, among other reasons, "demonstrable enrollment reduction." Article 24.2 of the CBA outlined five factors the University must consider when determining whom to lay off. If the University chose to lay off faculty, article 24.4 of the CBA required it to make "a reasonable effort to locate other equivalent employment within the University" for them "prior to the effective date" of their layoff. The University was then required to notify the affected faculty of the result of such efforts. Pursuant to the Act ( 115 ILCS 5/10(c) (West 2016)), the CBA contained a three-step grievance procedure, culminating in a final and binding arbitration, for an alleged "violation, misinterpretation, or an improper application of the provisions of" the CBA.
¶ 7 At its peak, the University enrolled nearly 12,000 students. By 2015, enrollment decreased to less than 9000. Consequently, in the fall of 2015, Thomas directed Neumann to investigate whether any faculty should be laid off. Neumann enlisted Associate Provost Russell Morgan, Associate Provost for Undergraduate and Graduate Studies Nancy Parsons, and the deans of each of the four colleges to assist in this task. By November 2015, Neumann and her team identified 42 faculty members for layoff, which they eventually narrowed to 19. In January 2016, the board of trustees approved the layoffs.
¶ 8 The Union filed grievances on behalf of 10 of the 19 faculty members who received layoff notices, including Dr. Daniel Ogbaharya, an assistant professor in a tenure-track position in the political science department, and Dr. Holly Stovall, an assistant professor in the women's studies department. Pursuant to the CBA, the 10 faculty members' grievances proceeded to arbitration. The parties selected arbitrator Fredric Dichter. Article 6.12(b)(1) of the CBA defined the authority of the arbitrator as follows:
Article 6.12(c) of the CBA further stated, "Except as modified by the provisions of this Agreement, arbitration proceedings shall be conducted in accordance with the rules and procedures of the American Arbitration Association." Finally, article 7.3 of the CBA provides that "[n]either the Union nor the Board waives the rights guaranteed them under the [Act]."
¶ 9 In April 2017, Dichter conducted a hearing on the grievances. The parties stipulated that the issues to be decided were whether the University violated the CBA when it laid off the individual grievants (including Drs. Ogbaharya and Stovall) and, if so, what the remedies should be. At the hearing, the Union orally requested that, should Dichter sustain all or some of the grievances, that he "retain jurisdiction to resolve any disputes with respect to implementation of the remedy."
¶ 10 Dichter issued a decision and award on July 6, 2017. In his decision, Dichter resolved as to each grievance whether the University complied with articles 24.2 and 24.4 of the CBA.
¶ 11 With respect to Dr. Ogbaharya, Dichter found that the University violated article 24.2 of the CBA and ordered the University to compensate Dr. Ogbaharya for his lost wages. Dichter further ordered that, prior to the 2017-18 academic year, the University reevaluate its layoff decision, considering all five factors enumerated in article 24.2 of the CBA. If, after complying with article 24.2, the University still decided to lay off Dr. Ogbaharya, it would also be required to comply with article 24.4.
¶ 12 With respect to Dr. Stovall, Dichter found the University violated article 24.4 of the CBA and ordered that the University make reasonable efforts to find employment for Dr. Stovall within the foreign languages, liberal arts, or any other department in which she was qualified to teach.
¶ 13 At the conclusion of his decision and award, Dichter stated that he "shall retain [j]urisdiction for no less than 90 days to resolve any issues regarding the implementation of this [a]ward."
¶ 15 On September 12, 2017, Neumann sent letters to Drs. Stovall and Ogbaharya detailing the University's efforts to identify faculty positions for which they might be eligible. Neumann's letters concluded that, despite the University's efforts, they were unable to find new positions within the University for Drs. Stovall and Ogbaharya and therefore they would be laid off.
¶ 16 The same date, the Union sent an e-mail to Dichter claiming that the University failed to comply with his July 2017 arbitration award. The University responded that it had complied with the award. Following a series of e-mail exchanges, the Union requested that Dichter assert his "retained" jurisdiction and conduct a second hearing to determine whether the University complied with the award. The University responded that Dichter lacked jurisdiction and authority to make such a determination. Dichter concluded that he had jurisdiction to resolve this issue and scheduled a hearing for January 16, 2018.
¶ 17 On January 2, 2018, the Union filed an unfair labor practice charge with the IELRB alleging the University violated section 14(a) of the Act (id. § 14(a)) by refusing to comply with Dichter's July 2017 arbitration award.
¶ 18 On January 16, 2018, the parties convened for a hearing conducted by Dichter. At the hearing, the University objected to Dichter's authority and jurisdiction to resolve whether the University complied with his July 2017 award. Dichter noted the objection but proceeded with the hearing, stating, "[W]hat we are here today is on the Union's contention that with regard to [the grievants], that the University has failed to comply with the requirements of my earlier award." Following the hearing, the parties filed briefs. In the University's brief, it again argued that Dichter lacked authority to determine whether it complied with the July 2017 arbitration award because the issue was within the IELRB's primary and exclusive jurisdiction. On March 5, 2018, Dichter issued a second opinion declaring that the University had not complied with the July 2017 award as it related to Drs. Ogbaharya and Stovall. In his opinion, Dichter issued a "supplemental award" ordering remedies with respect to each grievant.
¶ 19 On March 18, 2018, the Union amended its January 2018 unfair labor practice charge against the University, stating:
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W. Ill. Univ. v. Ill. Educ. Labor Relations Bd.
...awards. On administrative review, the appellate court vacated the Board's decision and remanded with directions. 2020 IL App (4th) 190143, 444 Ill.Dec. 821, 165 N.E.3d 467.¶ 2 In reviewing the decision of the Board, we consider whether an arbitrator in the public educational labor relations......