Arbitrator Reinstated School Bus Driver That Was Fired for Harassing Others

In Board of Education of School District U-46 v. Illinois Educational Labor Relations Board, 216 Ill. App. 3d 990, 998, 576 N.E.2d 471, 476, 159 Ill. Dec. 802 (1991), the school district's board of education terminated a school bus driver from her position for harassing others, lying to the director of transportation, inappropriate driving tactics, and unsafe and unlawful driving practices. District U-46, 216 Ill. App. 3d at 992, 576 N.E.2d at 472. The arbitrator determined no just cause for termination was shown and ordered that the driver be reinstated without back pay. District U-46, 216 Ill. App. 3d at 997, 576 N.E.2d at 475. The school district did not comply with the arbitration award. District U-46, 216 Ill. App. 3d at 997, 576 N.E.2d at 475. The hearing officer determined the public-policy exception to the enforcement of arbitration awards did not apply under the Act and no well-defined and dominant public policy existed to preclude reinstatement of the bus driver. District U-46, 216 Ill. App. 3d at 997, 576 N.E.2d at 475. The Board issued an order adopting the hearing officer's recommended decision and order. District U-46, 216 Ill. App. 3d at 997, 576 N.E.2d at 475. The school district appealed and argued there was a public policy in favor of the safe transportation of school children. District U-46, 216 Ill. App. 3d at 999, 576 N.E.2d at 476. This court looked at the Illinois Constitution, the School Code, the Illinois Vehicle Code, and the school district's "Professional Driver's Handbook" and found there was a public policy in favor of the safe transportation of school children. District U-46, 216 Ill. App. 3d at 999-1002, 576 N.E.2d at 476-78. The court held the arbitrator's award reinstating the bus driver to her position as school bus driver was contrary to the public policy favoring the safe transportation of school children and reversed the decision of the Board. District U-46, 216 Ill. App. 3d at 1006, 576 N.E.2d at 481.