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Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

On September 16, 2010, Administrative Law Judge Eileen Bell issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board find three of five petitioned-for employees with the classification title of Executive Secretary III who work in the Department of Juvenile Justice and the Department of Corrections (collectively, Employer) be found to be public employees and not confidential employees within the meaning of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2008) as emended and should be added to the existing RC-14 bargaining unit represented by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). The Administrative Law Judge recommended that the remaining two petitioned-for employees be found to be confidential employees within the meaning of the Act, and therefore excluded from the existing RC-14 bargaining unit.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

On September 27, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Edward White (Charging Party) in the above-captioned case. The Charging Party alleged that American Federation of State, County and Municipal Employees, Council 31 (Respondent) violated Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), by failing to (1) pursue a grievance relating to Charging Party's denial of a promotion; (2) assist him in challenging a fine imposed for a late Statement of Economic Interest; and (3) assist him with the denial of a worker's compensation claim. The Executive Director dismissed the charges, finding the first two allegations were outside the six-month limitation period established by Section 11(a) of the Act, and that the third claim failed to raise an issue for hearing in that there was no evidence Respondent's failure to assist with worker's compensation claims constitutes intentional misconduct, the standard articulated in Hoffman v. Lonza, 658 F.2d 519 (7th Cir. 1981), and subsequently incorporated into Section 10(b)(1) of the Act. For these reasons, he dismissed the charge.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

On March 29, 2012, Executive Director John F. Brosnan issued an order dismissing the unfair labor practice charge filed by Britt Weatherford (Charging Party) in the above-captioned case. The Charging Party alleged that the American Federation of State, County and Municipal Employees, Council 31 (Respondent) engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b) (2010), with respect to its handling of two grievances.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

On March 4, 2011, Administrative Law Judge (ALJ) Joseph F. Tansino issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, grant the motion for summary judgment filed by the County of Winnebago and the Sheriff of Winnebago County (collectively, Employer) in this matter and dismiss the majority interest representation petition filed by the Illinois Fraternal Order of Police Labor Council (Petitioner) to represent all deputy sheriffs in the rank of sergeant in the Winnebago County Sheriff's Department. ALJ Tansino recommended that the petitioned-for employees be found to be supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2010), as amended, because the parties had agreed in a recognition clause of a collective bargaining agreement for an existing bargaining unit of the Employer's patron deputies that officers in the rank of sergeant and above were supervisors.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

On November 15, 2011, Administrative Law Judge (ALJ) Elaine L. Tarver issued a Recommended Decision and Order (RDO) in the above-captioned case, granting a petition for certification of representative filed pursuant to the majority interest provisions of Section 9(a-5) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010)(Act), by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner or Union). The Petitioner sought to add to its existing RC-62 bargaining unit a number of employees of the Illinois Department of Central Management Services (Employer) employed at the Departments of Agriculture, Employment Security, Historic Preservation, or Revenue (at the Liquor Control Commission), or at the Human Rights Commission, the Board of Investment, or the Pollution Control Board, who held the title of Private Secretary I.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

On January 11, 2011, Administrative Law Judge (ALJ) Joseph Tansino, on behalf of the State Panel of the Illinois Labor Relations Board (Board), issued a Recommended Decision and Order (RDO) in the above-captioned case, finding the Laborers International Union of North America, Local 751 (Petitioner) should be certified as the exclusive bargaining representative of a bargaining unit of part-time deputy coroners employed by the County of Kankakee and the Coroner of Kankakee County (collectively, Joint Employer). He further found that an administrative assistant was a confidential employee within the meaning of Section 3(c) of the Illinois Public Labor Relations Act (Act0, 5 ILCS 315 (2010), as amended, and should be excluded from the unit, and that the chief deputy coroner should also be excluded from the unit pursuant to a stipulation entered by the parties in an earlier proceeding.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

On December 22, 2010, Administrative Law Judge (ALJ) Elaine L. Tarver issued a Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, find that an employee of the State of Illinois, Department of Central Management Services (Employer), holding the position title of Public Service Administrator, Option 8L., at the Illinois Department of Human Services (DHS) was not a supervisor within the meaning of Section 3(r) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2010), as amended, and that his position should be added to the existing RC-10 collective bargaining unit represented by the Petitioner, American Federation of State, County and Municipal Employees Council 31 (AFSCME). ALJ Tarver's RDO followed an Intermediate Order issued in the same case on June 9, 2010, by ALJ Colleen Harvey, in which ALJ Harvey recommended that the Board find that approximately nine other employees at DHS with the same position title were neither managerial employees within the meaning of Section 3(j) of the Act, nor confidential employees within the meaning of Section 3(c) of the Act, and that they should similarly be added to the RC-10 bargaining unit.

Decisions and Opinions of the Illinios State Labor Relations Board

Part of: Electronic Documents of Illinois

On August 16, 2011, Administrative Law Judge Elaine L. Tarver issued a Recommended Decision and Order in the above-captioned case, finding that the petitioned-for bargaining unit of full-time and part-time employees in the City of Naperville's (Employer) Department of Electric and Department of Water/Wastewater was not an appropriate bargaining unit for the purposes of collective bargaining as defined by Section 9(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) as amended (Act), and ordering that the petition be dismissed. American Federation of State, County and Municipal Employees, Council 31 (Petitioner) filed timely exceptions to the Recommended Decision and Order pursuant to Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. code Parts 1200 through 1240, to which the Employer filed a timely response. After reviewing the record, exceptions and response we hereby uphold the Recommended Decision and Order for the reasons set forth by the Administrative Law Judge, giving Petitioner leave to file a representation petition consistent with the Recommended Decision and Order along with the required showing of interest.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

Justin Appleton delivered the opinion of the court:The Illinois Department of Central Management Services (CMS) seeks review of a decision by the Illinois Labor Relations Board, State Panel (Board), certifying the American Federation of State, County and Municipal Employees, Council 31 (union), as the exclusive representative of one Administrative Law Judge IV (ILRB case No. S-RC-10-034) and seven Administrative Law Judge IIIs (ILRB case No. S-RC-10-036) (the ALJs) all of whom work at the Illinois Commerce Commission (Commission). CMS complains that the Board reached a decision solely on the basis of written submissions, without giving CMS an opportunity for an oral hearing, including the examination of witnesses.

Decisions and Opinions of the Illinois State Labor Relations Board

Part of: Electronic Documents of Illinois

On April 3, 2013, Acting Executive Director Jerald S. Post dismissed the unfair labor practice charge filed by Julius C. Perryman (Charging Party) in the above-captioned case. the Charging Party alleged that the State of Illinois, Department of Central Management Services (Respondent) engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2010), when Respondent took a series of disciplinary actions against him ultimately leading to his August 29, 2012, discharge.

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