Bd. of Educ. of Peoria Sch. Dist. No. 150 v. Peoria Fed’n of Support Staff

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The Peoria School District employs 26 full-time and part-time individuals who work as security agents and guards. No other Illinois school district has this type of employee. These employees were represented by a union certified by the Illinois Educational Labor Relations Board since 1989. The last collective-bargaining agreement expired in June, 2010. In July, 2010, a statutory amendment, Public Act 96-1257, purported to remove these employees from the oversight of the Illinois Educational Labor Relations Board and redefine them as “public employees” subject to the Illinois Public Labor Relations Act and the jurisdiction of the Illinois Labor Relations Board. The School District sought a declaration that its labor disputes with these employees were governed by the statute concerning educational employees, rather than by the one concerning public employees, challenging the enactment as invalid “special legislation,” forbidden by the Illinois Constitution. The circuit court dismissed. The appellate court reversed. The Illinois Supreme Court reversed without remand, holding that the challenged statute is invalid as forbidden special legislation because its language does not apply prospectively to school districts which may, after its effective date, employ peace officers. Although a general law could have been passed which would have affected a generic class of individuals, here, the affected class was closed on the effective date of the enactment. View "Bd. of Educ. of Peoria Sch. Dist. No. 150 v. Peoria Fed'n of Support Staff" on Justia Law