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Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

Tri-State Professional Firefighters Union, Local 3165, IAFF -vs- Tri-State Fire Protection District: Following its affirmance of an administrative law judge's (ALJ) decision finding that petitioner-appellant Tri-State Professional Firefighters Union, Local 3165, IAFF (Union) failed to bargain in good faith with respondent-appellee Tri-State Fire Protection District (District) in negotiations for a successor collective bargaining agreement, respondent-appellee Illinois Labor Relations Board, State Panel; John Hartnett, Paul Besson, James Brennwald, Michael Coli, and Albert Washington, the members of said Board and Panel in their official capacity only; and Melissa Mlynski, Executive Directory of said Board in her official capacity only (Board) issued an affirmative bargaining order returning the parties to status quo ante and effectively nullifying a prior interest arbitration award. In response, the Union filed a petition for administrative review of the Board's decision in our court. On appeal, it contends that the District's complaint against it was procedurally defective and that the Board improperly relied on conduct outside the appropriate statute of limitations in rendering its decision, that the Board erred by failing to examine the totality of the circumstances, tha the Board erred in not dismissing the District's complaint as moot, and that the Board's order is void because it did not have the authority to vacate the prior arbitration award. The Union asks that we enter an order reversing and vacating the Board's order, particularly, its bad faith finding and its remedial affirmative bargaining order.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

Metropolitan Alliance Police, DuPage County Forest Rangers, chapter 714 -vs- Forest Perserve District of DuPage County: On March 31, 2016, ALJ Deena Sanceda issued a Recommended Decision and Order (RDO) recommending that the Illinois Labor Relations Board, State Panel, certify the Metropolitan Alliance of Police, DuPage County Forest Rangers, Chapter 714 (Union or Petitioner) as the exclusive representative of all employees in the title Ranger and Senior Ranger employed by the Forest Preserve District of DuPage County (Employer). The ALJ rejected the Employer's objection that the petitioned-for unit was inappropriately narrow where it excluded 19 other titles including the Natural Resource Management Technician, Grounds Maintenance Worker, Golf Grounds Maintenance Worker, Recreational Facility Attendant (all intermittent), Structural Maintenance Worker, Forest Worker, Custodian, Heavy Equipment Mechanic, Fleet Body Technician, Landfill Construction Coordinator, Sign Coordinator/Locksmith, Sign Technician, Supply Center Coordinator, and Supply Center Clerk. We do not set forth the these positions' duties or the Employer's organizational structure because the ALJ described them in detail in her RDO and neither party excepted to any of the ALJ's factual findings.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

Dwyane McCann -vs- Illinois Labor Relations Board, State Panel; County of Will, Land Use Department; American Federation of State, County and Municipal Employees, Council 31: This case involves the employment termination of petitioner, Dwyane McCann, by respondent, County of Will Land Use Department (Employer). McCann appeals the Illinois Labor Relations Board State Panel's (State Panel) affirmation of the Illinois Labor Relations Board's (Board) dismissal of his causes of action filed against (1) the American Federation of State, County, and Municipal Employees, Council 31 (AFSCME) for incompetent, ineffective, and inefficient union representation and against (2) Employer for unfair labor practices within the meaning of section 10(a) of the Illinois Public Labor Relations Act. (5 ILCS 315/10(a)(West 2012)) For the foregoing reasons, we confirm.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

American Federation of State, County and Municipal Employees, Council 31 -vs- State of Illinois, Department of Central Management Services: On September 13, 2016, Administrative Law Judge (ALJ) Sarah R. Kerley issued a Recommended Decision and Order (RDO) in the above-captioned case. On October 2, 2014, the American Federation of State, County, and Municipal Employees, Council 31 (AFSCME) filed a unit clarification petition in Case No. S-UC-15-052 with the Boards State Panel pursuant to the Illinois Public Labor Relations Act, 5 ILCS 315, as amended (Act), seeking to include one Executive I position at the Illinois Department of Agriculture, Bureau of County Fairs and Horse Racing (Bureau or Employer), occupied by Kelly Beck (Beck). In addition, on December 8, 2014, AFSCME filed a majority interest petition with the Board in Case No. S-RC-15-044, seeking to represent Becks position. The petitions were consolidated, and ALJ Kerley held a hearing in the case on April 8, 2015. The RDO concludes that the UC petition was proper but untimely. The RDO further concludes that, under the RC petition, Beck is not a managerial employee within the meaning of Section 3(j) of the Act. The Employer filed timely exceptions, and AFSCME filed a timely response and cross-exceptions.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

American Federation of State, County and Municipal Employees, Council 31 -vs- State of Illinois, Department of Central Management Services: On September 28, 2016, Administrative Law Judge (ALJ) Sarah R. Kerley issued a Recommended Decision and Order (RDO) in the above-captioned case, ultimately recommending that the Board dismiss the case. On March 2, 2015, the American Federation of State, County and Municipal Employees, Council 31 (AFSCME, Petitioner, or Union) filed a majority interest representation petition in Case No. S-RC-15-066 (RC petition) with the State Panel of the Illinois Labor Relations Board (Board) pursuant to the Illinois Public Labor Relations Act, 5 ILCS 315/1-1 et seq. (2014), as amended (Act), seeking to include a Public Service Administrator, Option 3 position (PSA, Option 3) employed by the State of Illinois, Department of Central Management Services, Department of Corrections (Employer or CMS), and held by Michael Mitchell (Mitchell), in AFSCME bargaining unit RC-63.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

International Association of Firefighters, Local 429 -vs-City of Danville: On June 28, 2016, Administrative Law Judge Anna Hamburg-Gal, on behalf of the Illinois Labor Relations Board, issued a Recommended Decision and Order in the above-captioned matter.No party filed exceptions to the Administrative Law Judge's Recommendation during the timeallotted, and at its September 7, 2016 public meeting, the Board, having reviewed the matter,declined to take it up on its own motion.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

Northbrook Public Works Department Association -vs- Village of Northbrook (Public Works Department); International Union of Operating Engineers, Local 150: On September 28, 2015, Administrative Law Judge Anne Hamburg-Gal, on behalf of the Illinois Labor Relations Board, issued a Recommended Decision and Order in the above-captioned matter. No party filed exceptions to the Administrative Law Judge's Recommendation during the time allotted, and at its November 17, 2015 public meeting, the Board, having reviewed the matter declined to take it up on its own motion.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

Irene Alba-Hernandez -vs- Chicago Newspaper Guild, Local 34071: On May 26, 2015, Charging Party, Irene Alba-Hernandez, filed an unfair labor practice charge in the above-captioned case alleging that Respondent, the Chicago Newspaper Guild, Local 34071 (Union or Guild) violated Section 10(b) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2014), as amended. Subsequently, Charging Party amended her charge to assert additional claims, including that Respondent has retaliated against her as a consequence of her for filing the initial charge. Following the investigation, Executive Director Melissa Mlynski issued a complaint as to Charging Party's retaliation claim. However, the Executive Director also issued a Partial Dismissal, which encompassed all of Charging Party's remaining allegations asserted in both the initial and amended charge. The Charging Party filed a timely appeal pursuant to Section 1200.135(a) of the Board's Rules and Regulations, 80 Ill. Admin. Code [sec.] 1200.1359a), and the Union filed a response. After reviewing the record and appeal, we affirm the Executive Director's Order in part and reverse in part for the following reasons.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

Department of Central Management Services (Illinois Commerce Commission, Illinois Workers Compensation Commission and Pollution Control Board) -vs- American Federation of State, County, and Municipal Employees, Council 31: Pursuant to Illinois Supreme Court Rule 335 (eff. Feb 1, 1994) and section 11(e) of the Illinois Public Labor Relations Act (Labor Act)(5 ILCS 315/119(e)(West 2012)), petitioners, the Department of Central Management Services (CMS), the Illinois Commerce Commission, the Illinois Workers' Compensation Commission, and the Pollution Control Board, seek direct review of a decisions by the Governor for exclusion from collective bargaining did not qualify for such designation under section 6.1(a) of the Labor Act (5 ILCS 315/6.1(a)(West Supp. 2013)) because the employing agencies were not directly responsible to the Governor. On review, petitioners argue (1) the gubernatorial designations did comport with section 6.1 of the Labor Act and (2) the Board erred by not (a) affording petitioners an oral hearing and (b) considering CMS's motion for reconsideration.

Executive Order

Part of: Electronic Documents of Illinois

Executive order establishing the Administration of Credits in Regard to Payments of Illinois Privilage Tax, 215 ILCS 5/409, and the Illinois Insurance Retaliatory Tax, 215 ILCS 5/444, for 1997 and earlier.

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