The Village of Bartonville v. LopezAnnotate this Case
The Bartonville police department’s union contract includes a grievance procedure. The Union may refer the grievance to arbitration if it is not settled within the three-step procedure. In 2014, Chief Fengel signed a complaint for termination, alleging that Lopez violated department procedures during a traffic stop. After scheduling a hearing by the board of fire and police commissioners, Lopez sought a declaratory judgment, arguing that the board was divested of jurisdiction because it had failed to commence the hearing within the 30-day time limit under Municipal Code 10-2.1-17. The board responded that it did so at Lopez’s request. The appellate court affirmed summary judgment in favor of the board. The hearing had proceeded, with counsel stating that Lopez did not waive the issue of jurisdiction and that the Union’s presence did not waive its contractual right to grieve the termination. The board ordered termination. Lopez never sought judicial review under the Administrative Review Law, but filed a grievance. When the grievance was not resolved by the three-step process, the Union referred it to arbitration. The Department sought a stay, arguing that in relying on the Municipal Code, Lopez essentially admitted that the board had jurisdiction. Because the board issued a final merits decision, review was subject to the Administrative Review Law. The Department also argued that the grievance and arbitration provisions in the labor contract did not apply to termination proceedings because the parties did not negotiate an alternative form of due process in the labor contract. The trial court granted the Department summary judgment, finding no contract provision, “even inferring, that the grievance procedure should, or could, be used to determine disciplinary matters.” The appellate court reversed. The Illinois Supreme Court reinstated the trial court decision, finding the grievance barred by waiver and res judicata.