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NILES TP. H S 219 v. ILL. EDUC. LABOR REL.

No. 1-08-1158.

900 N.E.2d 336 (2008)

NILES TOWNSHIP HIGH SCHOOL DISTRICT 219, COOK COUNTY, Illinois, Petitioner-Appellant, v. ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD and Niles Township Support Staff, Local 1274, IFT/AFT, AFL-CIO, Respondents-Appellees.

Appellate Court of Illinois, First District, First Division.

December 15, 2008.

Attorney(s) appearing for the Case

(Anthony G. Scariano, Kimberly Payne and John A. Heintz of Counsel), Scariano, Himes and Petrarca, Chtd., Chicago Heights, IL, for Appellant.

(Gilbert Feldman, Esq. of Counsel), Cornfield and Feldman, Chicago, IL, for Appellee, Local 1274, IFT/AFT, AFL-CIO.

Lisa Madigan, Attorney General-State of Illinois, (John P. Schmidt of Counsel), Chicago, IL, for Respondent, Illinois Educational Labor Relations Brd.

Presiding Justice ROBERT E. GORDON delivered the opinion of the court:

The issue in the case at bar is whether two employees are "confidential employee[s]" as defined by the Illinois Educational Labor Relations Act, (the Act) 115 ILCS 5/2(n) (West 2006). The Act permits educational employees to organize, but it excludes confidential employees from the collective bargaining unit. 115 ILCS 5/2(b) (West 2006).

The two employees at issue are: (1) a systems and...

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