D. Shane Jones wins arbitration for Illinois school district

Jan 4, 2013

On January 3, 2013, Arbitrator Thomas F. Gibbons issued a decision denying a grievance filed by the Roxana Education Association, IEA-NEA (the “REA”), and  upholding a directive issued by the Roxana Community Unit School District No. 1.   The REA filed its grievance on May 3, 2012, challenging the District’s requirement directing certified employees to work collaboratively in professional learning teams (“PLTs”) during a portion of their planning time.  The AAA arbitration hearing was held in October, 2012.  Following post trial briefing, the arbitrator issued his award rejecting the Union’s challenge, and upholding the District’s view in all respects.  First, the arbitrator agreed with the District’s argument that the use of PLTs was a proper use of “planning time” as defined by the parties”™ agreement.  Second, the Arbitrator further accepted the District’s argument that  because the use of PLTs was already permitted by the bargained-for language of the parties”™ agreement,  the District was under no obligation to bargain over the directive that teachers participate in PLTs.  The REA’s grievance was denied and the administration’s directive was upheld.

D. Shane Jones practices in the areas of labor & employment law, education law, and higher education in Missouri and Illinois. Shane routinely advises and represents employers in all aspects of   employment labor law, including wage and hour matters, the design and review of employee handbooks, drafting and enforcing no compete agreements, and investigating, disciplining and terminating employees.   He has also successfully defended employers against discrimination claims, First Amendment claims, Due Process claims, and other Labor and Employment actions in state and federal courts.

Shane focuses much of his practice in the area of collective bargaining and labor relations, particularly in the public sector.   He is experienced in crafting proposals and counter-proposals, and in effectively presenting the employer’s position at the bargaining table.   He has directly negotiated or participated extensively behind the scenes in the negotiation of more than one hundred 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.

Beyond negotiations, Shane’s traditional labor experience includes protecting the employer’s interests at virtually every stage of the labor process.   He has helped non-union employers to maintain union-free work environments through campaigns and elections under the National Labor Relations Act and the Missouri Public Sector Labor Law.   He has also effectively pursued and defended unfair labor practice charges before the National Labor Relations Board and the Illinois Educational Labor Relations Board, and successfully defended employers in   labor arbitration grievances forums in private forums such as AAA.