Decisions and Opinions of the Illinois State Labor Relations Board

American Federation of State, County and Municipal Employees, Council 31 -vs- Illinois Labor Relations Board, State Panel; the State of Illinois and the Treasurer of the State of Illinois: Petitioner, American Federation of State, County and Municipal Employees, Council 31 (Union), is the union that represented a State of Illinois employee in the position of Information Systems Analyst II (ISA II) who was excluded from the collective-bargaining unit when the respondent, Illinois Labor Relations Board (Board), granted a petition filed by the respondent, Treasurer of the State of Illinois (Treasurer), seeking to exclude any incumbent in that position from Union membership because it is a confidential employee position within the meaning of section 3(c) of the Illinois Public Labor Relations Act (5 ILCS 315/3(c)(West 2012)) (Act). The issue before this court is whether the Board erred in finding that the ISA II position qualifies as a confidential employee position under the Act. For the reasons explained below, we conclude that the Board's decision was clearly erroneous and accordingly reverse.