After a recent teacher's strike, information came out that the board had intended to punish the teachers so 'they never do this again'. It was clear from FOIA documents that there was intent and vindictiveness in the Return to Work agreement that was brought to a vote. The teachers were strong 'threatened' in that they were told they would not be leaving without dock days and that if they stayed out longer the board intended to add dock days.
The absolutely most important think you need to do is to contact an attorney experienced in labor and employment law in your area. It sounds to me that your employer is retaliating against you based on union activity. The attorney you discuss the case with should know how to file retaliatory action claims based on the National Labor Relations Act, and Illinois state common law claims for retaliation based on union activity. (I am not sure if this would apply because what I found says specifically "retaliatory discharge." ). Make sure you do this quickly because usually there are time limits on cases.
To prove retaliation, you must prove certain key factors. You must show that you did a "protected activity", and then your employer took punitive action against you, with no legitimate business interest. These cases can be factually and legally complex. Retain the services of an experienced labor attorney.
M. Michael WatersEmployment / Labor AttorneyPeoria, IL ·
This is a complicated area of law. The short answer is to file an Unfair Labor Practice with the Illinois Education Labor Relations Board. The NLRB would NOT have jurisdiction here. It is probably best for the union to file the ULP. However, if the strike is over, the union may believe it is unwise to "stir things up." It is important to remember that where there is a collective bargaining agreement, the union assumes many of the rights and prerogatives of the members,
The Illinois Local Labor Relations Act applies to teachers and protects them against retaliation by a school district for engaging in union related activities. If you have documents reflecting an intent to retaliate then I suggest you meet with an attorney who specializes in this area to review your facts in more detail and can then represent you in filing a charge against the school district.
