Harlem Consolidated School District 122 v. Harlem Federation of Teachers Local 540, IFT-AFT, AFL-CIO

2025 IL App (4th) 240860-U
CourtAppellate Court of Illinois
DecidedJune 9, 2025
Docket4-24-0860
StatusUnpublished

This text of 2025 IL App (4th) 240860-U (Harlem Consolidated School District 122 v. Harlem Federation of Teachers Local 540, IFT-AFT, AFL-CIO) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harlem Consolidated School District 122 v. Harlem Federation of Teachers Local 540, IFT-AFT, AFL-CIO, 2025 IL App (4th) 240860-U (Ill. Ct. App. 2025).

Opinion

NOTICE 2025 IL App (4th) 240860-U This Order was filed under FILED Supreme Court Rule 23 and is June 9, 2025 NO. 4-24-0860 not precedent except in the Carla Bender limited circumstances allowed 4th District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

HARLEM CONSOLIDATED SCHOOL ) Direct Review from the DISTRICT 122, ) Illinois Educational Petitioner, ) Labor Relations Board v. ) No. 22-CA-0060-C HARLEM FEDERATION OF TEACHERS ) LOCAL 540, IFT-AFT, AFL-CIO; THE STATE OF ) ILLINOIS EDUCATIONAL LABOR ) RELATIONS BOARD; and LARA SHAYNE, in ) Her Official Capacity as Chairperson of the Illinois ) Educational Labor Relations Board, ) Respondents. )

JUSTICE DeARMOND delivered the judgment of the court. Justices Knecht and Grischow concurred in the judgment.

ORDER

¶1 Held: The appellate court reversed, finding the Illinois Educational Labor Relations Board did not clearly err in finding it had jurisdiction over this matter, but it did err in finding an employer’s motive irrelevant for an unfair labor practice charged under sections 11.1(f) and 14(a)(5) of the Illinois Educational Labor Relations Act (115 ILCS 5/11.1(f), 14(a)(5) (West 2020)).

¶2 In April 2022, Harlem Federation of Teachers Local 540, IFT-AFT, AFL-CIO

(Union) filed a charge with the Illinois Educational Labor Relations Board (Board), with Lara

Shayne in her official capacity as chairperson of the Board, against Harlem Consolidated School

District 122 (District), alleging an unfair labor practice, namely, twice failing to deduct and remit

union dues in contravention of section 11.1 of the Illinois Educational Labor Relations Act (Act)

(115 ILCS 5/11.1 (West 2020)). In a hearing before an administrative law judge (ALJ), the parties stipulated to the relevant facts but also presented witnesses who provided undisputed

testimony. The ALJ made factual findings and issued a recommended decision and order (RDO),

finding the District violated its statutory obligation to withhold and remit union dues, which

amounted to a per se violation of the duty to bargain in good faith—an unfair labor practice. The

District filed exceptions to the ALJ’s RDO, and the Board affirmed. Among other relief, the

Board ordered the District to reimburse the Union the amount of dues owed. The District

petitioned for direct review by this court, arguing the Board lacked jurisdiction in the matter, the

District did not commit an unfair labor practice, and the Illinois Constitution prevents the District

from using public funds to pay a private debt. We reverse the Board’s decision and remand for

further proceedings.

¶3 I. BACKGROUND

¶4 A. Stipulated Facts

¶5 The parties agreed, and continue to agree, on the material facts in this case. The

District is an employer within the meaning of section 2(a) of the Act, and the Union is a labor

organization within the meaning of section 2(c) of the Act (115 ILCS 5/2(a), (c) (West 2020)).

At all times relevant to this case, the Union and the District have been parties to a collective

bargaining agreement (CBA). Per the CBA, the District would deduct union dues from

bargaining unit members’ paychecks and remit those dues to the Union.

¶6 Beginning in the 2019-2020 school year, the parties agreed the District would

deduct union dues from bargaining unit members’ paychecks in 20 of 26 pay periods each school

year, up from 15 pay periods in prior years. Each pay period, the bargaining unit members

received a pay stub, which showed all withholdings for that pay period, including union dues

deductions. For the 2019-2020 school year, the District deducted and remitted union dues in 19

-2- pay periods and “neglected to deduct and remit union dues from bargaining unit members’

paychecks for the August 14, 2020 pay period.” This missed deduction and remittance totaled

$23,425.30.

¶7 For the 2020-2021 school year, the District again deducted and remitted union

dues in 19 pay periods and, again, “neglected to deduct and remit union dues from bargaining

unit members’ paychecks for the August 13, 2021 pay period.” This missed deduction totaled

$24,480.67, giving the two missed deductions a combined total of $47,905.97. Except for these

two pay periods, the District missed no other deductions. It continued deducting and remitting all

union dues according to the terms of the CBA.

¶8 On October 21, 2021, the Union first informed the District there was a shortfall in

their dues to the Illinois Federation of Teachers (IFT).

¶9 B. The Union’s Charge and the District’s Answer

¶ 10 Citing the missed deductions in August 2020 and August 2021, the Union filed an

unfair labor practice charge against the District on April 8, 2022. The Union charged the District

“violated section 115 ILCS 5/11.1 of the [Act] indicating that dues need to be withheld as

directed and that, ‘The failure of an educational employer to comply with the provisions of this

Section shall be a violation of the duty to bargain and an unfair labor practice.’ ” The Union’s

requested relief included, among other things, the District “pay[ing] [IFT] for the amounts not

paid; [and] [m]oving forward, make all deductions as directed.”

¶ 11 In its answer, the District denied committing an unfair labor practice and raised

the affirmative defense of lack of jurisdiction. To the latter point, the District labeled the Union’s

charge as untimely filed because the Union knew or should have known of the missed deductions

in August 2020 and 2021 because employees receive pay stubs showing all withholdings. The

-3- District argued that because the Union did not file the charge within six months of the alleged

unfair labor practice, the Board lacked jurisdiction over this matter.

¶ 12 C. Hearing Before the ALJ

¶ 13 The parties appeared in a hearing before the ALJ on February 8, 2023. In the

opening statement, the Union noted the parties agreed on the facts but disagreed on the District’s

legal liability. The Union argued that section 11.1(f) of the Act (115 ILCS 5/11.1(f) (West 2020))

controlled and compelled a finding the District committed an unfair labor practice. The District

countered by arguing it “simply neglected, through a clerical error, to deduct dues from

bargaining members’ *** pay periods that took place a year apart.” It urged such negligence

“cannot legally be construed as a repudiation of the bargaining process” or “be construed as a

failure of the duty to bargain” under the Act.

¶ 14 After a conference off the record, the parties “agreed to narrow the issue in this

charge to whether a violation of Section 11.1(f) of the Act is a strict liability offense under the

facts.” The Union rested its case-in-chief on the stipulations in the prehearing memorandum,

reserving the right to call rebuttal witnesses.

¶ 15 1. Josh Aurand

¶ 16 The District called Josh Aurand, who testified he was a District employee,

namely, the chief school business official, and he was familiar with the District’s payroll

procedures. He testified bargaining unit members received a pay stub every pay period, which

notified them if union dues had been deducted.

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2025 IL App (4th) 240860-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harlem-consolidated-school-district-122-v-harlem-federation-of-teachers-illappct-2025.