Wooten v. Illinois Educational Labor Relations Board

Appellate Court of Illinois·Decided August 24, 2026·No. 1-25-1402·Unpublished

Opinion

2026 IL App (1st) 251402-U

FIRST DIVISION

August 24, 2026

No. 1-25-1402

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

IN THE

APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

KRISTEN WOOTEN, an Individual, )

)

Petitioner-Appellant, )

)

v. )

) Petition for Review of an Order ILLINOIS EDUCATIONAL LABOR RELATIONS ) of the Illinois Educational BOARD, an Agency of the State of Illinois; VICTOR E. ) Labor Relations Board BLACKWELL, in his Official Capacity as Executive ) Director of the Illinois Educational Labor Relations ) No. 2025-CA-0012-C Board; BOARD OF EDUCATION OF BREMEN ) COMMUNITY HIGH SCHOOL DISTRICT NO. 228; ) and BREMEN COMMUNITY HIGH SCHOOL ) DISTRICT NO. 228, an Illinois unit of local government ) and school district and its Governing Board; )

Respondents-Appellees.

JUSTICE HOWSE delivered the judgment of the court.

Presiding Justice Fitzgerald Smith and Justice Cobbs concurred in the judgment.

ORDER

¶1 Held: We affirm the IELRB’s dismissal of petitioner’s unfair labor practices charge. The March 7 meeting was not an investigatory interview, and petitioner did not request union representation. Additionally, the IELRB did not err in its conclusion that petitioner was not engaged in concerted activity under the Interboro doctrine, and there is no evidence

to support petitioner’s claims that either the District or the Board acted with anti-union animus or retaliated against her for engaging in protected activities.

¶2 Following the termination of her employment as a teacher at Tinley Park High School (Tinley Park), petitioner Kristen Wooten filed an unfair labor practices charge pursuant to the Illinois Educational Labor Relations Act (IELRA) (115 ILCS 5/1 et seq. (West 2024)) with respondent Illinois Educational Labor Relations Board (IELRB) against respondent Bremen Community High School District 228 (District). She alleged that the District violated section 14(a) of the IELRA (Id. § 14(a) (West 2024)). Respondent Executive Director Victor E. Blackwell (Director) issued a recommended decision and order (ERDO) dismissing her charge, and the IELRB affirmed. Petitioner filed a petition for direct administrative review of the IELRB’s decision with this court under section 16 of the IELRA (Id. § 16(a) (West 2024)).

¶3 On appeal, petitioner contends that the IELRB abused its discretion by dismissing her unfair labor practices charge. Specifically, she argues that the District and respondent Board of Education of the Bremen Community High School District No. 228 (Board) violated sections 14(a)(1) and 14(a)(3) of the IELRA by infringing on her Weingarten rights (National Labor Relations Board v. Weingarten, 420 U.S. 251 (1975)), violating the Interboro doctrine (National Labor Relations Board v. Interboro Contractors, Inc., 432 F.2d 854 (2d Cir. 1970)), and retaliating against her for engaging in protected activity. For the following reasons, we affirm.

¶4 BACKGROUND

¶5 Petitioner was a first‑year probationary teacher at Tinley Park during the 2023–2024 school year. The governing collective‑bargaining agreement (CBA) required teachers to report to the building 15 minutes before the school day but did not specify when they must be inside their classrooms. Throughout the school day, classroom doors were kept shut and locked to ensure the safety of students and staff. Petitioner’s first class was scheduled to begin at 8 a.m.

¶6 Administrators repeatedly observed petitioner arriving at her classroom shortly before the 8 a.m. bell, leaving students unsupervised in the hallway. Assistant Principal Steven Granat informed petitioner that she was required to be at her classroom door at 7:55 a.m. to let students in. At some point, he told petitioner a second time to be at her classroom door at 7:55 a.m. when she was tardy again.

¶7 On November 28, 2023, Granat found petitioner’s students waiting outside her classroom, so he opened the door and supervised them until her arrival. For a third time, Granat impressed upon petitioner the need to be in her classroom at 7:55 a.m. Later that morning at 8:10 a.m., petitioner sent Granat an email with the subject line “Sorry!” She apologized for not being consistently at her classroom door on time. She admitted that she was “usually trying to accomplish too many things at” once and had underestimated how long some tasks took to accomplish. Petitioner added that she understood “the importance of maintaining a presence in the hallway” and promised to “be there early from this point forward.”

¶8 On November 30, 2023, another teacher opened petitioner’s classroom door to allow students entry when petitioner was not present at the required time. Following this, Assistant Principal Wendy Bumphis reminded petitioner of the expectation that teachers must be in their classrooms by 7:55 a.m., reinforcing the established “7:55 a.m. rule.”

¶9 On December 20, 2023, Tinley Park operated on a modified schedule due to final exams. Petitioner was assigned to proctor a final exam scheduled to begin at 9:05 a.m. However, she did not arrive in her classroom until approximately 9:03 or 9:04 a.m. Later that day, Bumphis scheduled a meeting with petitioner and Granat “to discuss [her] continued late arrival,” stating that petitioner was “welcome” to have union representation at the meeting.

¶ 10 Petitioner attended the December 21, 2023, meeting (December 21 meeting) with union representative Megan Impema. Bumphis’ summary of the meeting indicates that petitioner was advised that it was her “professional responsibility” to “be at the classroom by 7:55 a.m. to allow students access to the classroom.” Impema’s notes show that petitioner “referred to contract,” and the administration “agreed” that petitioner was “always at work on time.” Impema asked for clarification on the meaning of “late,” and the administration reiterated the 7:55 a.m. rule. Petitioner said she was “initially unclear of what was being asked of her.” Ganat told petitioner to be in her classroom “before the first bell,” and petitioner said she was “clear now” and would “do so.” Impema’s takeaways from the meeting were that it was not disciplinary and that petitioner had “clarity” on expectations and would be punctual in the future.

¶ 11 Following the December 21 meeting, petitioner adhered to the 7:55 a.m. rule

¶ 12 On March 6, 2024, Bumphis emailed petitioner to schedule a meeting the following day. Petitioner asked, “Is there anything I should bring with me?” Bumphis responded that there was “[n]o need to bring anything.”

¶ 13 Petitioner’s narrative of the March 7, 2024, meeting (March 7 meeting) indicates that Bumphis told her that they had finished the master schedule for the next school year. There were not any sections for petitioner to teach “based on student numbers,” and she was being “let go.” Petitioner asked whether she was being transferred to another building, and Bumphis responded that the decision was not a reduction in force but a termination. Bumphis said that petitioner was “a great teacher,” but it was the building administration’s decision as to whether she was a good fit at the school. Petitioner asked if the administration thought she was a good fit, and Bumphis replied, “No, based on insubordination.” Bumphis informed petitioner that she had until the

following morning to decide whether to resign, since that would “look better” and petitioner would “be able to get another job” if she did so.

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