Illinois State Library

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• Opinions and Orders / Illinos Local Labor Relations Board

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• Salvatore T. Ziccarelli vs Illinois Labor Relations Board, Local Panel; International Brotherhood of Teamsters, Local 700: Petitioner Salvatore T. Ziccarelli, a correctional officer employed by the Sheriff of Cook County, filed a charge pursuant to section 10(b) of the Illinois Public Labor Relations Act (5 ILCS 315/10 (West 2000)) with the Illinois Labor Relations Board (ILRB or Board) contending his labor union, respondent Local No. 700 of the International Brotherhood of Teamsters (labor union or union), failed to fairly represent him at an employment-related arbitration in 2012. The Board dismissed Ziccarellis charge on grounds that he did not give the Board supporting evidence. When he subsequently appealed to the board, it upheld and affirmed the dismissal. In this direct appeal pursuant to the Illinois Administrative Review Act (735 ILCS 5/3-113 (West 1990)), Ziccarelli contends the board never formally requested evidence to support his charge and that his compliance with the purported deadline would have been unreasonable or unnecessarily burdensome. The board and the labor union have responded to the merits of these arguments, but also contend these are new arguments -- ones which Ziccarelli is presenting for the first time on appeal -- which results in waiver of those arguments. Accordingly, we first consider whether the arguments are new. The record and appeal lead us to conclude that the arguments are untimely raised and have been waived.

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