D. Shane Jones Obtains Dismissal of Unfair Labor Practice Charge Filed Against Marion School District

May 21, 2009

On May 21, 2009, the Illinois Educational Labor Relations Board issued a final decision regarding an unfair labor practice charge brought against the Marion Community Unit School District. D. Shane Jones, a shareholder for Tueth Keeney, defended the district in this matter. The employee filing the charge against the District, a custodial worker, alleged that the District violated the Illinois Labor Relations Act when it suspended him and another employee without pay pending a hearing before the Board, and then discharging them.   The District maintained that the actions were taken for legitimate purposes (falsifying time sheets) and were neither discriminatory nor retaliatory.

Following a review of the evidence and the legal briefing submitted on behalf of both parties, the Executive Director of the Illinois Educational Labor Relations Board issued a recommendation On March 31 that the employee’s allegations be dismissed. In his Report and Recommendation, the Executive Director stated that “…the evidence indicates that District 2 was motivated by a legitimate business purpose in disciplining employees it believed had falsely recorded their work hours on a time sheet. …there is no evidence that District 2’s conduct was designed to, or had the effect of, discriminating against employees in the exercise of their rights under the Act.”   The Illinois Educational Labor Relations Board accepted that recommendation and issued a final Order on May 21, 2009.

Shane Jones practices in the areas of labor and employment law, education law, and litigation in both Missouri and Illinois. He routinely advises and represents employers in wage and hour matters, in the design and review of employee handbooks, and disciplining and terminating employees. Shane has also successfully defended employers against discrimination claims, First Amendment claims, Due Process claims, and other constitutional issues, in both state and federal courts.

Shane also practices in the area of collective bargaining and labor relations. He is experienced in crafting proposals and counter-proposals, and in effectively presenting the employer’s position at the collective bargaining table. He has directly negotiated, or participated significantly behind the scenes, in the negotiation of more than fifty collective bargaining agreements under the National Labor Relations Act, the Illinois Educational Labor Relations Act, and in the “meet and confer” process under the Missouri Public Sector Labor Law.

Shane is a Vice-Chair of the Missouri Bar Labor & Employment Law Committee, an author of the “Prevailing Wage” chapter in the most recent Missouri Employee-Employer Law Desk Book, and a co-author of the “Employment Law” chapter in the most recent Missouri Bar School Law Desk Book as well as its most recent supplement. Shane has been a Tueth Keeney shareholder since January, 2003.

Tueth Keeney is proud to be one of the state’s largest Illinois education law practices. The firm has one of the most experienced groups of attorneys in Central and Southern Illinois dedicated to serving public schools. We regularly represent nearly 150 public school districts, including many districts in Central and Southern Illinois. Our Firm is also regularly appointed by insurers of educational institutions to represent districts in complex or difficult cases involving school or civil rights laws.

Tueth Keeney has successfully represented a number of businesses, large and small, throughout the Midwest in Labor and Employment matters. Our broad range of experience includes employment discrimination litigation, wage-hour investigations, affirmative action revision plans development, INS audits, and a variety of traditional labor matters.