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CHICAGO TEACHERS UNION v. SCHOOL REFORM

No. 1-01-4414.

787 N.E.2d 224 (2003)

338 Ill. App.3d 90

272 Ill.Dec. 409

CHICAGO TEACHERS UNION, LOCAL 1, AMERICAN FEDERATION OF TEACHERS, AFL-CIO, Petitioner-Appellant, v. CHICAGO SCHOOL REFORM BOARD OF TRUSTEES and Illinois Educational Labor Relations Board, Respondents-Appellees.

Appellate Court of Illinois, First District, Third Division.

March 12, 2003.

Attorney(s) appearing for the Case

John K. Hughes, Jonathan A. Rothstein, Jose J. Behar and Allison G. Margolies, Gressler Hughes Socol Piers Resnick & Dym, Ltd., Chicago, for Appellant.

Marilyn F. Johnson-General Counsel, Board of Education of the City of Chicago-Lee Ann Lowder and Rochelle L. Gordon-Law Department, Chicago, for Appellee-Board of Education of the City of Chicago.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, and Laura Wunder, Assistant Attorney General, Chicago, for Appellee-Illinois Educational Labor Relations Board.

Justice WOLFSON delivered the opinion of the court:

The issue in this case is whether the transfer of a teacher from a permanent position to a reassigned teachers pool is a matter of "class staffing and assignment" as used in section 4.5(a)(4) of the Illinois Educational Labor Relations Act, 115 ILCS 5/1 et seq. (West 2000) (the Act).

The Illinois Educational Labor Relations Board (IELRB) concluded the decision to transfer a teacher to the reassigned...

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