I.E.A. v. Board of Education

Rehearing denied January 22, 1976. Plaintiffs, the Illinois Education Association Local Community High School District 218, an association of teachers employed by the defendant board of education, and Henry F. Davis, one of its members, filed this action in the circuit court of Cook County against the defendant, Board of Education of School District 218, Cook County, seeking a writ of mandamus, a declaratory judgment, an injunction and other relief. The circuit court found that in dismissing Davis defendant had failed to comply with the provisions of a collective bargaining agreement, that Davis was entitled to tenure as a teacher and ordered mandamus to issue directing defendant to assign him to duties as a full-time teacher. Defendant appealed, the appellate court affirmed (23 Ill. App.3d 649), and we allowed defendant's petition for leave to appeal. The opinion of the appellate court contains a detailed statement of the facts and they need not be repeated here.