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81:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 March 
 Issuing Agency:   
 Description:  On January 13, 2012, Administrative Law Judge Michelle Owen, 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 March 13, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  03 13 2012 
 Agency ID:  Case No. S-RC-11-009 
 ISL ID:  000000047560   Original UID: 169579 FIRST WORD: Decisions 
82:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 October 
 Issuing Agency:   
 Description:  On August 1, 2011, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Illinois Labor Relations Board (Board) grant a petition filed by Service Employees International Union, Local 73 (Petitioner) seeking to add to a previously certified collective bargaining unit approximately 116 employees of the Illinois Secretary of State (Employer) holding the title of Executive I or Executive II. After conducting a hearing on the matter, the ALJ rejected the Employer's contention that all these employees were supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended, (Act), and the Employer's contention that a number of them were also managers within the meaning of Section 3(j) of the Act. 
 Date Created:  10 26 2011 
 Agency ID:  Case No. S-RC-11-006 
 ISL ID:  000000047561   Original UID: 169580 FIRST WORD: Decisions 
83:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:   
 Description:  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. 
 Date Created:  06 28 2011 
 Agency ID:  Case No. S-RC-11-005 
 ISL ID:  000000047562   Original UID: 169581 FIRST WORD: Decisions 
84:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 October 
 Issuing Agency:   
 Description:  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. 
 Date Created:  10 22 2012 
 Agency ID:  Case No. S-RC-11-004 
 ISL ID:  000000047566   Original UID: 169586 FIRST WORD: Decisions 
85:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 May 
 Issuing Agency:   
 Description:  On October 15, 2010, Administrative Law Judge Joseph F. Tansino issued a Recommended Decision and Order in the above-captioned case, in which he found that Foreign Service Economic Development Executive IIs (FSEDE II) employed by the State of Illinois Department of Central Management Services (Employer) were not supervisors or managerial employees within the meaning of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2008), as amended, and that those employees should be added to the existing RC-62 bargaining unit represented by the American Federation of State, County and Municipal Employees, Council 31, (Petitioner). Pursuant to Section 1210.100 of the Rules and Regulations of the Illinois Labor Relations Board, 80 ILL. Admin. Code, Parts 1200 through 1240 (Rules), the Employer timely filed exceptions to the recommended decision, to which the Petitioner filed a timely response. After reviewing the record, briefs exceptions and response, we adopt the Administrative Law Judge's findings of fact and his conclusion that the FSEDE IIs are not supervisors within the meaning of Section 3(r) of the Act. However, contrary to the ALJ, we find the FSEDE IIs are managerial employees within the meaning of Section 3(j) of the Act. We therefore dismiss the petition. 
 Date Created:  05 04 2011 
 Agency ID:  Case No. S-RC-10-238 
 ISL ID:  000000047567   Original UID: 169587 FIRST WORD: Decisions 
86:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 March 
 Issuing Agency:   
 Description:  On May 7, 2010, the General Teamsters/Professional and Technical Employees Local Union No. 916 (Petitioner) filed a Representation/Certification Petition for 26 Assistant Attorneys General in the Public Aid Bureau of the Office of the Attorney General. The Employer objected to the petition asserting that the Assistant Attorneys General were not public employees under the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2008), as amended, but rather managerial employees as a matter of law. After reviewing the parties' arguments and the relevant statutes and case law, I recommend that the petition be dismissed for the following reasons. 
 Date Created:  08 29 2013 
 Agency ID:  Case No. S-RC-10-232 
 ISL ID:  000000047577   Original UID: 169598 FIRST WORD: Decisions 
87:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 February 
 Issuing Agency:   
 Description:  On December 14, 2011, Administrative Law Judge Elaine L. Tarver, 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 Recommended during the time allotted, and at its February 7, 2012 public meeting, the Board, having reviewed the matter declined to take it up on its own motion. 
 Date Created:  02 07 2012 
 Agency ID:  Case No. S-RC-10-228 
 ISL ID:  000000047578   Original UID: 169599 FIRST WORD: Decisions 
88:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 October 
 Issuing Agency:   
 Description:  On March 2, 2012, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) in the above-captioned case, relating to a petition for representation filed pursuant to the majority interest provisions of Section 9(a-5) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) (Act). The petition was filed by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner or Union) and sought to add to the RC-10 bargaining unit represented by Petitioner, a number of attorneys employed by the Illinois Department of Central Management Services (Employer) at the Illinois Department of Revenue in the title of Senior Public Service Administrator (SPSA) Option 8L. 
 Date Created:  10 22 2012 
 Agency ID:  Case No. S-RC-10-222 
 ISL ID:  000000047585   Original UID: 169606 FIRST WORD: Decisions 
89:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 August 
 Issuing Agency:   
 Description:  On April 28, 2011, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that employees in the job title of Public Service Administrator, Option 8L employed by the State of Illinois Department of Central Management Services (Employer) working at the Illinois Pollution Control Board (PCB), should be added to the existing RC-10 bargaining unit represented by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). she rejected the Employer's contentions that these employees were precluded from organizing under the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), because they were managerial of confidential employees within the meaning of Section 3(j) and 3(c) of the Act, or because they were excluded from certain protections of the Personnel Code, 20 ILCS 415 (2010), as amended. 
 Date Created:  08 25 2011 
 Agency ID:  Case No. S-RC-10-196 
 ISL ID:  000000047589   Original UID: 169610 FIRST WORD: Decisions 
90:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:   
 Description:  On January 3, 2011, Administrative Law Judge (ALJ) Joseph F. Tansino, on behalf of the State Panel of the Illinois Labor Relations Board, issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that employees of the State of Illinois, Department of Central Management Services (Employer) employed at the Illinois Department of Transportation in the job classifications of Engineering Technician IV (ET-IV), Engineering Technician V (ET-V), and Technical Manager VI (TM-VI), are not supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act (Act, 5 ILCS 315 (2010), as amended. For this reason, the ALJ recommended that the Board grant the majority interest petition for representation of these employees filed by the International Union of Operating Engineers, Local 150 (Petitioner). 
 Date Created:  06 28 2011 
 Agency ID:  Case No. S-RC-10-194 
 ISL ID:  000000047590   Original UID: 169611 FIRST WORD: Decisions 
91:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:   
 Description:  on December 30, 2010, Administrative Law Judge (ALJ) John Clifford, on behalf of the State Panel of the Illinois Labor Relations Board, issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that two employees, Ludovice Barber and Judy Bailey, employed by the State of Illinois, Department of Central Management Services (Employer) at the Department of Human Services (DHS) in the job title of Public Services Administrator, Option 85, are public employees and not supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act. 5 ILCS 315/3(r) (2008). He further recommended that the positions be added to the existing RC-63 bargaining unit represented by the Petitioner, American Federation of State, County and Municipal Employees, Council 31 (AFSCME). 
 Date Created:  06 02 2011 
 Agency ID:  Case No. S-RC-10-176 
 ISL ID:  000000047592   Original UID: 169613 FIRST WORD: Decisions 
92:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:   
 Description:  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. 
 Date Created:  06 18 2011 
 Agency ID:  Case No. S-RC-10-162 
 ISL ID:  000000047593   Original UID: 169614 FIRST WORD: Decisions 
93:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:   
 Description:  On December 9, 2010, Administrative Law Judge (ALJ) Joseph F. Tansino issued a Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, find appropriate a collection bargaining unit consisting solely of Home Health Nurses and Certified Nurses' Aides employed by the County of McHenry and McHenry County Health Department (Joint Employer) and that the Board certify the International Brotherhood of Teamsters, Local 700 (Petitioner) as the representative of that unit pursuant to the majority interest provisions of Section 9(a-5) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2010), as amended. The ALJ found no issue of fact or law warranting a hearing on the appropriateness of the proposed unit. 
 Date Created:  06 14 2011 
 Agency ID:  Case No. S-RC-10-133 
 ISL ID:  000000047594   Original UID: 169615 FIRST WORD: Decisions 
94:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 March 
 Issuing Agency:   
 Description:  On October 21, 2010, Administrative Law Judge (ALJ) Elaine Tarver issued a Corrected Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Board find four petitioned-for employees who work for the State of Illinois, Department of Central Management Services (Employer) were public employees within the meaning of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2008) as amended, and should be included in a stand-alone bargaining unit (unit) represented by the Illinois State Employees Association, Laborers International Union, Local 2002 (Petitioner). In accordance with Section 1200.135 of the Board's Rules and Regulations, 80 Ill. Admin. Code Parts 1200 through 1240, the Employer filed timely exceptions to the ALJ's recommendation. After reviewing the record, briefs and exceptions, we reject the ALJ's determination that William Jarvis is not a confidential employee within the meaning of the Act, and find instead that he should be excluded from the petitioned-for bargaining unit. 
 Date Created:  03 29 2011 
 Agency ID:  Case No. S-RC-10-122 
 ISL ID:  000000047595   Original UID: 169616 FIRST WORD: Decisions 
95:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 August 
 Issuing Agency:   
 Description:  On March 17, 2011, Administrative Law Judge (ALJ) Elaine L. Tarver issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that Nikki Patterson, and employee of the State of Illinois, Department of Central Management Services (Employer) working at the Capital Development Board (CDB), in the job title of administrator and functioning as its legislative liaison, should be excluded from the RC-62 bargaining unit represented be the American Federation of State, County and Municipal Employees, Council 31(Petitioner) because she was a confidential employee within the meaning of Section 3(c) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act). The ALJ rejected the Employer's alternative rationales that Patterson should also be excluded from the bargaining unit because she was a managerial employee within the meaning of Section 3(j) of the Act of because she was exempt from the requirements arising from Rutan v. Republic Party of Illinois, 497 U.S. 62 (1990). 
 Date Created:  08 30 2011 
 Agency ID:  Case No. S-RC-10-112 
 ISL ID:  000000047596   Original UID: 169617 FIRST WORD: Decisions 
96:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 March 
 Issuing Agency:   
 Description:  On October 1, 2010, Administrative Law Judge Joseph Tansino issued a Recommended Decision and Order in the above-captioned case recommending that the Illinois Labor Relations Board, State Panel, certify the Illinois Fraternal Order of Police Labor Council (Petitioner) as the exclusive representative of a unit of sworn police officers in the rank of sergeant employed by the Village of Richton Park Police Department (Employer). In his Recommended Decision and Order, the Administrative Law judge fund that the petitioned-for employees were not supervisors within the meaning of the Illinois Public Labor Relations Act, 5 ILCS 315 (2008) as amended, because they lacked authority to effectively recommend discipline with independent judgment. 
 Date Created:  01 19 2011 
 Agency ID:  Case No. S-RC-10-055; No. 1-11-0289 
 ISL ID:  000000047597   Original UID: 169619 FIRST WORD: Decisions 
97:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 May 
 Issuing Agency:   
 Description:  On October 28, 2011, Administrative Law Judge (ALJ) Michelle N. Owen issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that Erin Davis, a Public Service Administrator, Option 8L., employed by the State of Illinois, Department of Central Management Services (Employer), was a confidential employee within the meaning of Section 3(c) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), and consequently that her position should not be added to the previously recognized RC-10 bargaining unit as sought by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). 
 Date Created:  05 29 2012 
 Agency ID:  Case No. S-RC-10-052; No. 4-10-0729 
 ISL ID:  000000047598   Original UID: 169623 FIRST WORD: Decisions 
98:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2010 December 
 Issuing Agency:   
 Description:  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. 
 Date Created:  07 20 2011 
 Agency ID:  Case No. S-RC-10-034; Case No. S-RC-10-036 ; No. 4-09-0792 
 ISL ID:  000000047599   Original UID: 169625 FIRST WORD: Decisions 
99:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 May 
 Issuing Agency:   
 Description:  On January 20, 2010, Administrative Law Judge Martin Kehoe issued a Recommended Decision and Order in the above-captioned case, finding that all full-time, sworn peace officers in the rank of sergeant employed by the Village of Roselle (Employer) were supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315/3(r) (2008), and ordering that the petition be dismissed. Thereafter, in accordance with Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Parts 1200 through 1240, the Metropolitan Alliance of Police, Roselle Sergeants Chapter #259 (Petitioner) filed timely exceptions to the Recommended Decision and Order, and the Employer filed a 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. 
 Date Created:  05 04 2011 
 Agency ID:  Case No. S-RC-10-023 
 ISL ID:  000000047600   Original UID: 169627 FIRST WORD: Decisions 
100:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 March 
 Issuing Agency:   
 Description:  On December 30, 2010, Administrative Law Judge Eileen L. Bell issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, find that employees of the State of Illinois, Department of Central Management Services (Employer) in the job title Technical Advisor IV who work at the Illinois Commerce Commission are not managerial employees within the meaning of Section 3(j) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2008) as amended, and that their positions be added to the existing RC-10 collective bargaining unit represented by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). The Employer filed timely exceptions to the Recommended Decision and Order pursuant to Section 1200.135 of the Board's Rules and Regulations, 80 Ill. Admin. Code Sec. 1200.135. The Petitioner did not file a response. After reviewing the record, briefs, and exceptions, we reject with the Administrative Law Judge's recommendation, and instead, find that the representation petition raises issues of fact and law that require resolution through the hearing process. Accordingly, we reverse the Administrative Law Judge's Recommended Decision and Order and remand this matter for an evidentiary hearing, and issuance of a recommended decision and order on the merits. 
 Date Created:  03 26 2011 
 Agency ID:  Case No. S-RC-09-202 
 ISL ID:  000000047644   Original UID: 169681 FIRST WORD: Decisions 
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