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Illinois Nurses Ass'n v. Board of Trustees of the University of Illinois 

Case Date: 02/02/2001
Court: 1st District Appellate
Docket No: 1-99-3324, 3732, 3733 cons. NRel

SIXTH DIVISION

February 2, 2001

Nos. 1-99-3324, 1-99-3732 & 1-99-3733; Cons.

ILLINOIS NURSESASSOCIATION,)Appeal from the
)Illinois Educational
Petitioner,)Labor Relations Board.
)
            )
)No.98-CA-0051-C
BOARD OF TRUSTEES OF THE)
UNIVERSITY OFILLINOIS,)
)
Respondent and Cross-Petitioner,)
)
and)
)
Illinois Educational Labor)
Relations Board,)
)
Respondent and Cross-Respondent.)
____________________________________________________________________________________
BOARD OF TRUSTEES OF THE)Appeal from the
UNIVERSITY OFILLINOIS,)Illinois Educational
)Labor Relations Board.
Petitioner,)
)
v.)No.98-CA-0036-C
)
ILLINOIS NURSES ASSOCIATION )
and ILLINOIS EDUCATIONAL)
LABOR RELATIONSBOARD,)
)
Respondents.)
____________________________________________________________________________________
BOARD OF TRUSTEES OF THE)Appeal from the
UNIVERSITY OFILLINOIS,)Illinois Educational
)Labor Relations Board.
Petitioner,)
)
v.)
)No.98-CA-0048-C
GENERAL SERVICE EMPLOYEES)
UNION, LOCAL 73, SEIU,)
AFL-CIO and ILLINOIS)
EDUCATIONAL LABOR RELATIONS)
BOARD,)
)
Respondents.)

MODIFIED OPINION UPON DENIAL OF PETITION FOR REHEARING

JUSTICE O'BRIEN delivered the opinion of the court:

This consolidated appeal involves three employees of the University of Illinois (University), JoyceTomanek, Linda Leonard, and Diana Perez, who were discharged by the University for various acts ofalleged misconduct. The employees, through their respective unions, grieved the discharge decisionsto arbitration. The arbitrators ordered the three employees reinstated; however, the University refusedto comply with the arbitrators' awards. The employees' unions then filed unfair labor practice chargesagainst the University for its refusal to comply with the arbitrators' awards ordering the employees'reinstatement. The Illinois Educational Labor Relations Board (Board) affirmed the arbitrators' ordersreinstating Leonard and Perez, but reversed the arbitrator's order reinstating Tomanek. On appeal,Tomanek argues that the Board erred in reversing her reinstatement. On cross-appeal, the Universityargues that the Board erred in affirming the reinstatement of Leonard and Perez. We affirm on theappeal and the cross-appeal.

The issues on appeal are: (1) whether section 10(b) of the Illinois Educational Labor RelationsAct (115 ILCS 5/10 (6) West 1996)) prohibits implementation of the arbitration awards; and (2) whetherthe arbitrators' awards reinstating Tomanek, Leonard, and Perez violate public policy.

I. Facts

A. Joyce Tomanek

Joyce Tomanek worked as a nurse in the University Hospital's "6W Stepdown" unit, which wasa unit that monitored critical care patients. On December 16, 1995, Tomanek worked the night shiftfrom 11 p.m. to 7:30 a.m. During that time, Tomanek was responsible for monitoring patient J.L., whorequired 21 cc of Dopamine per hour to maintain his blood pressure.

About four hours before Tomanek began her shift, a nurse hung a Dopamine bag for J.L. Thenurse manager of 6W Stepdown testified that Tomanek should have easily calculated that the Dopaminebag would last until about 6 a.m. on December 17. The nurse manager also testified that nurses mustorder Dopamine at least 1 to 1