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161:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 September 
 Issuing Agency:   
 Description:  On July 9, 2012 Administrative Law Judge Martin Kehoe, 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 April 12, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  09 12 2012 
 Agency ID:  Case No. S-CA-12-098 
 ISL ID:  000000047773   Original UID: 169852 FIRST WORD: Decisions 
162:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:   
 Description:  On June 5, 2012 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 Recommendation during the time allotted, and at its August 14, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  08 15 2012 
 Agency ID:  Case No. S-CA-12-093 
 ISL ID:  000000047774   Original UID: 169853 FIRST WORD: Decisions 
163:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:   
 Description:  On February 2, 2012, Executive Director John F. Brosnan issued an order dismissing the unfair labor practice charge filed by Susan Gruberman (Charging Party) in the above-captioned case. The Charging Party alleged that the St. Clair Township (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). On February 15, 2012, Charging Party filed a timely appeal of the Executive Director's dismissal pursuant to Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Sec.1200.135, and the Respondent filed a timely response. 
 Date Created:  08 13 2012 
 Agency ID:  Case No. S-CA-12-088 
 ISL ID:  000000047775   Original UID: 169854 FIRST WORD: Decisions 
164:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 May 
 Issuing Agency:   
 Description:  On January 5, 2012, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by the International Brotherhood of Teamsters, Local 700 (Charging Party) in the above-captioned case. The Charging Party alleged that the State of Illinois, Department of Central Management Services (Respondent) violated Section 10(a)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), by failing to provide bargaining unit member Master Sergeant Beliveau with union representation at an interview as he had requested. The Executive Director dismissed the charge, finding Beliveau had no right to the presence of a union representative under NLRB v. Weingarten 420 U.S. 251 (1975), and its progeny because Beliveau lacked a reasonable expectation that he might be disiplined. 
 Date Created:  05 01 2012 
 Agency ID:  Case No. S-CA-12-076 
 ISL ID:  000000047776   Original UID: 169855 FIRST WORD: Decisions 
165:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:   
 Description:  On April 18, 2012, Executive Director John F. Brosnan issued an order dismissing the unfair labor practice charge filed by Peter J. Wagner (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)(1), (2) and (3) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(2010), as amended (Act), by terminating his probationary employment after he participated in organizing, and in order to restrain him from participating in a representation case currently pending before the Illinois Labor Relations Board. On April 26, 2012, Charging Party filed a timely appeal of the Executive Director's dismissal pursuant to Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin Code Section 1200.135, and the Respondent filed a timely response. After reviewing the record, the appeal and the response, we affirm the Executive Director's order dismissing the charge for the reasons he articulated. We briefly respond to arguments raised in the appeal. 
 Date Created:  08 13 2012 
 Agency ID:  Case No. S-CA-12-072 
 ISL ID:  000000047777   Original UID: 169856 FIRST WORD: Decisions 
166:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 30, 2013, Administrative Law Judge Thomas Allen issued a Recommended Decision and Order finding that a designation made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Relations Act, 5 ILCS 315 (2012), was properly made. CMS's petition designed five Senior Public Service Administrator positions at the Illinois Department of Healthcare and Family Services, all pursuant to Section 6.1(b)(2) of the Act, which explicitly allows designations for positions with the title of Senior Public Service Administrator. 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-089 
 ISL ID:  000000047878   Original UID: 169957 FIRST WORD: Decisions 
167:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 September 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1 (2012) added by Public Act 97-1172 (eff. April 5, 2013), allows the Governor of the State of Illinois to designate certain public employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be granted under the Illinois Public Labor Relations Act. There are three broad categories of positions which may be so designated: 1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008, 2) positions which were the subject of a petition for such certification pending on April 5, 2013 (the effective date of Public Act 97-1172), or 3) positions which have never been certified to have been in a collective bargaining unit. Only 3,580 of such positions may be so designated by the Governor, and, of those, only 1,900 positions which have already been certified to be in a collective bargaining unit. 
 Date Created:  09 09 2013 
 Agency ID:  Case No. S-DE-14-086 
 ISL ID:  000000047879   Original UID: 169958 FIRST WORD: Decisions 
168:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 27, 2013, Administrative Law Judge Martin Kehoe issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel find that the Governor of the State of Illinois properly designated four employees classified as Public Service Administrator, Option 8L, and working as staff attorneys in the Department of Natural Resources as exempt from collective bargaining pursuant to Section 6.1 of the Illinois Public Relations Act, 5 ILCS 315 (2012). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-084 
 ISL ID:  000000047880   Original UID: 169959 FIRST WORD: Decisions 
169:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 September 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1 (2012) added by Public Act 97-1172 (eff. April 5, 2013), allows the Governor of the State of Illinois to designate certain public employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be granted under the Illinois Public Labor Relations Act. There are three broad categories of positions which may be so designated: 1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008, 2) positions which were the subject of a petition for such certification pending on April 5, 2013 (the effective date of Public Act 97-1172), or 3) positions which have never been certified to have been in a collective bargaining unit. Only 3,580 of such positions may be so designated by the Governor, and, of those, only 1,900 positions which have already been certified to be in a collective bargaining unit. 
 Date Created:  09 11 2013 
 Agency ID:  Case No. S-DE-14-083 
 ISL ID:  000000047881   Original UID: 169960 FIRST WORD: Decisions 
170:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 20, 2013, Administrative Law Judge Deena Sanceda issued a Recommended Decision and Order finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated four Public Service Administrator Option 2 positions at the Illinois Department of Veterans Affairs, all pursuant to Section 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-082 
 ISL ID:  000000047882   Original UID: 169961 FIRST WORD: Decisions 
171:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  On January 23, 2012, Administrative Law Judge (ALJ) Martin Kehoe issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that three individuals in the title of Public Service Administrator, Option 8L, employed by the State of Illinois, Department of Central Management Services (Department of Healthcare and Family Services)(Employer) were neither supervisors nor managerial employees as defined by the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), and ordering that these three individuals' positions be included in the existing RC-10 bargaining unit currently represented by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). 
 Date Created:  05 08 2012 
 Agency ID:  Case No. S-RC-08-130; 2013 IL App (4th) 120507-U; No. 4-12-0507 
 ISL ID:  000000047953   Original UID: 170041 FIRST WORD: Decisions 
172:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1 (2012) added by Public Act 97-1172 (eff. April 5, 2013), allows the Governor of the State of Illinois to designate certain public employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be granted under the Illinois Public Labor Relations Act. There are three broad categories of positions which may be so designated: (1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008; (2) positions which were the subject of a petition for such certification pending on April 5, 2013 (the effective date of Public Act 97-1172); or (3) positions which have never been certified to have been in a collective bargaining unit. Only 3,580 of such positions may be so designed be the Governor, and, of those, only 1,900 may be positions which have already been certified to be in a collective bargaining unit. 
 Date Created:  10 24 2013 
 Agency ID:  Case No. S-DE-14-099 
 ISL ID:  000000047954   Original UID: 170042 FIRST WORD: Decisions 
173:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1 (2012) added by Public Act 97-1172 (eff. April 5, 2013), allows the Governor of the State of Illinois to designate certain public employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be granted under the Illinois Public Labor Relations Act. There are three broad categories of positions which may be so designated: 1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008, 2) positions which were the subject of a petition for such certification pending on April 5, 2013 (the effective date of Public Act 97-1172), or 3) positions which have never been certified to have been in a collective bargaining unit. Only 3,580 of such positions may be so designated by the Governor, and, of those, only 1,900 positions which have already been certified to be in a collective bargaining unit. 
 Date Created:  10 15 2013 
 Agency ID:  Case No. S-DE-14-098 
 ISL ID:  000000047955   Original UID: 170043 FIRST WORD: Decisions 
174:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Relations Act, 5 ILCS 315/6.1 (2012) added by Public Act 97-1172 (eff. April 5, 2013), allows the Governor of the State of Illinois to designate certain public employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be granted under the Illinois Public Labor Relations Act. There are three broad categories of position which may be so designated: 1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008; 2) positions which were the subject of a petitions for such certification pending on April 5, 2013 (the effective date of Public Act 97-1172); or 3) positions which have never been certified to have been in a collective bargaining unit. Only 3,580 of such positions may be so designated by the Governor, and , of those, only 1,900 positions which have already been certified to be in a collective bargaining unit. 
 Date Created:  10 15 2013 
 Agency ID:  Case No. S-DE-14-095 
 ISL ID:  000000047956   Original UID: 170044 FIRST WORD: Decisions 
175:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  On October 15, 2013, Administrative Law Judge (ALJ) Elaine Tarver issued a Recommended Decision and Order (RDO) in Case No. S-DE-14-095, finding that a set of designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), was properly made. CMS's petition designated seven positions at various State agencies, all pursuant to Section 6.1(b)(3) and (5) of the Act. After obtaining additional information from CMS, the ALJ found the designations appropriate pursuant Section 6.1(b)(3) and therefore did not address the redundant basis for designation under Section 6.1(b)(5). 
 Date Created:  11 15 2013 
 Agency ID:  Case No. S-DE-14-095; Case No. S-DE-14-098;Case No. S-DE-14-099 
 ISL ID:  000000047957   Original UID: 170045 FIRST WORD: Decisions 
176:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act authorizes the Governor to designate for exclusion from self-organization and collective bargaining up to 3,580 State employment positions within State agencies directly responsible to the Governor. 5 ILCS 315/6.1(a)(2012). These three consolidated cases present the issue whether that authority extends to positions within the Illinois Pollution Control Board (PCB), and one of these cases presents the same question with respect to a position at the Human Rights Commission (HRC). The Board has previously found that the Governor's authority did not extend to positions within the PCB or two other agencies, the Illinois Commerce Commission and the Illinois Workers' Compensation Commission, State of Ill. Dep't of Cent. Mgm. Servs. and Am. Fed'n of State, Cnty. and Mun. Employees, Council 3, Case Nos. S-DE-14-047, S-DE-14-083 and S-DE-14-086, 30 PERI 83 (IL IRB-SP Oct. 15, 2013); however, that decision was made without the benefit of an oral hearing on the issue of legislative intent. There was such a hearing here, and consequently we revisit the issue. 
 Date Created:  11 15 2013 
 Agency ID:  Case No. S-DE-14-092; Case No. S-DE-14-093;Case No. S-DE-14-094 
 ISL ID:  000000047958   Original UID: 170046 FIRST WORD: Decisions 
177:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1 (2012) added by Public Act 97-1172 (eff. April 5, 2013), allows the Governor of the State of Illinois to designate certain public employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be granted under the Illinois Public Labor Relations Act. There are three broad categories of positions which may be so designated: 1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008, 2) positions which were the subject of a petition for such certification pending on April 5, 2013 (the effective date of Public Act 97-1172), or 3) positions which have never been certifies to have been in a collective bargaining unit. Only 3,580 of such positions may be so designated by the Governor, and, of those, only 1,900 positions which have already been certified to be in a collective bargaining unit. 
 Date Created:  10 28 2013 
 Agency ID:  Case No. S-DE-14-092; Case No. S-DE-14-093 
 ISL ID:  000000047959   Original UID: 170047 FIRST WORD: Decisions 
178:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 27, 2013, Administrative Law Judge Deena Sanceda issued a Recommended Decision and Order finding that a designation made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), was properly made. CMS's petition designated nine Public Service Administrator positions at the Illinois Department of Revenue, all nine pursuant to Section 6.1(b)(5), but one position, held by Trevor Atkins, also pursuant to Section 6.1(b)(3). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-081 
 ISL ID:  000000047960   Original UID: 170048 FIRST WORD: Decisions 
179:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 27, 2013, Administrative Law Judge Deena Sanceda issued a Recommended Decision Order finding that a designation made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), was properly made. CMS's petition designated a single position at the Illinois State Police with the title of Public Service Administrator Option 2 and the working title Budget Analyst. The designation was made pursuant to Section 6.1(b)(5) of the Act. 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-074 
 ISL ID:  000000047961   Original UID: 170049 FIRST WORD: Decisions 
180:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  On December 21, 2012, Administrative Law Judge (ALJ) Michelle N. Owen issued a Recommended Decision and Order (RDO) in the above-referenced case, recommended that the Board dismiss a representation petition filed by the American Federation of State, County and Municipal Employees, Council 31 (AFSCME), because the sole employee at issue in the petition, the chief hearing officer of the Illinois Property Tax Appeal Board (PTAB), was a managerial employee within the meaning of Section 3(j) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012). On January 23, 2013, AFSCME filed timely exceptions to the RDO pursuant to Section 1200.135(a) of the Board's Rules and Regulations, 80 Ill. Admin. Code Parts 1200 through 1240. The Employer, the Department of Central Management Services (CMS) did not file a response. Based on a review of the record and AFSCME's exceptions and brief, we reject the exceptions and accept the RDO, thus finding the employee managerial and dismissing the petition. 
 Date Created:  11 18 2013 
 Agency ID:  Case No. S-RC-09-136 
 ISL ID:  000000047970   Original UID: 170060 FIRST WORD: Decisions 
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