SiteTitle | • | Decisions and Opinions of the Illinois State Labor Relations Board | [X] |
| | 181: | | Title: | | | | | Volume/Number: | 2016 January | | | | Issuing Agency: | | | | | Description: | Metropolitan Alliance of Police of DuPage Sheriff's Police, Chapter 126 -vs- County of DuPage, DuPage County Sheriff: On November 3, 2015, Administrative Law Judge Anna Hamburg-Gal, 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 Judges Recommendation during the time allotted, and at its January 12, 2016 Public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. | | | | Date Created: | 01-12-2016 | | | | Agency ID: | Case No. S-CA-15-073 | | | | ISL ID: | 000000057755 Original UID: 178845 FIRST WORD: Decisions | |
| 182: | | Title: | | | | | Volume/Number: | 2015 December | | | | Issuing Agency: | | | | | Description: | Service Employees International Union, Local 73, CTW, CLC; -vs- Village of Robbins (Fire Department): On September 1, 2015, Administrative Law Judge Kelly Coyle, 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 Judges Recommendation during the time allotted, and at its December 15, 2015 Public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. | | | | Date Created: | 12-18-2015 | | | | Agency ID: | Case No. S-CA-14-245 | | | | ISL ID: | 000000057757 Original UID: 178847 FIRST WORD: Decisions | |
| 183: | | Title: | | | | | Volume/Number: | 2016 January | | | | Issuing Agency: | | | | | Description: | Maria Zavala -vs- Chicago News paper Guild, Local 34071: On July 20, 2015, Charging Party Maria Zavala filed a charge in the above-captioned case alleging Respondent Chicago Newspaper Guild, Local 43071 (Union or Guild) violated 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b) (2014) as amended, when a Union official committed certain misconduct. The Charging Party amended her charge on August 5, 2015, to include an alleged Hudson violation. See Chi. Teachers Union v. Hudson, 475 U.S. 292 (1986). On September 29, 2015, Executive Director Melissa Mlynski dismissed the charge finding that the Charging Party had failed to raise an issue of law or fact requiring a hearing. The Charging Party filed a timely appeal of the Executive Director's Dismissal pursuant to Section 1200.135(a) of the Board's Rules and Regulations, 80 Ill. Adm. Code [sec] 1200.135(a), and the Union did not file a response. After reviewing the record and appeal, we reverse and remand the Executive Director's Dismissal for the following reasons. | | | | Date Created: | 01-29-2016 | | | | Agency ID: | Case No. S-CB-16-003 | | | | ISL ID: | 000000057797 Original UID: 178890 FIRST WORD: Decisions | |
| 184: | | Title: | | | | | Volume/Number: | 2016 March | | | | Issuing Agency: | | | | | Description: | Irene Alba-Hernandez -vs- Chicago Newspaper Guild, Local 34071: On May 26, 2015, Charging Party, Irene Alba-Hernandez, filed an unfair labor practice charge in the above-captioned case alleging that Respondent, the Chicago Newspaper Guild, Local 34071 (Union or Guild) violated Section 10(b) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2014), as amended. Subsequently, Charging Party amended her charge to assert additional claims, including that Respondent has retaliated against her as a consequence of her for filing the initial charge. Following the investigation, Executive Director Melissa Mlynski issued a complaint as to Charging Party's retaliation claim. However, the Executive Director also issued a Partial Dismissal, which encompassed all of Charging Party's remaining allegations asserted in both the initial and amended charge. The Charging Party filed a timely appeal pursuant to Section 1200.135(a) of the Board's Rules and Regulations, 80 Ill. Admin. Code [sec.] 1200.1359a), and the Union filed a response. After reviewing the record and appeal, we affirm the Executive Director's Order in part and reverse in part for the following reasons. | | | | Date Created: | 03-10-2016 | | | | Agency ID: | Case No. S-CB-15-034 | | | | ISL ID: | 000000057798 Original UID: 178891 FIRST WORD: Decisions | |
| 185: | | Title: | | | | | Volume/Number: | 2016 January | | | | Issuing Agency: | | | | | Description: | Doama Caloca -vs- Chicago Newspaper Guild, Local 34071: On April 17, 2015, Charging Party Diana Caloca (Charging Party or Caloca) filed an unfair labor practice charge in the above-captioned case alleging that Chicago Newspaper Guild, Local 34071 (Union or Guild) violated Section 10(b) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2014), as amended. Following the Union's offer of a comprehensive settlement, Executive Director Melissa Mlynski determined there were no issues of law or fact warranting a hearing. On November 30, 2015, the Executive Director issue an Order Directing Unilateral Settlement, which effectively dismissed the instant Charge. The Charging Party filed a timely appeal pursuant to Section 1200.135(a) of the Board's Rules and Regulations, 80 Ill. Admin. Code [sec.] 1200.135(a), and the Union filed a response. After reviewing the record and appeal, we affirm the Executive Director's Order for the following reasons. | | | | Date Created: | 01-29-2016 | | | | Agency ID: | Case No. S-CB-15-028 | | | | ISL ID: | 000000057799 Original UID: 178892 FIRST WORD: Decisions | |
| 186: | | Title: | | | | | Volume/Number: | 2016 January | | | | Issuing Agency: | | | | | Description: | American Federation of State, County and Municipal Employees, Council 31 -vs- Department of Central Management Services: On October 27, 2015, Executive Director Melissa Mlynski dismissed a charge filed by American Federation of State, County and Municipal Employees, Council 31 (Union of Charging Party) on July 27, 2015. The charge alleged that the State of Illinois, Department of Central Management Service (Respondent of Employer) engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014)as amended (Act). | | | | Date Created: | 01-22-2016 | | | | Agency ID: | Case No. S-CA-16-007 | | | | ISL ID: | 000000057803 Original UID: 178896 FIRST WORD: Decisions | |
| 187: | | Title: | | | | | Volume/Number: | 2016 March | | | | Issuing Agency: | | | | | Description: | Tri-State Professional Firefighters Union Local 3165, IAFF -vs- Tri-State Fire Protection District: On September 18, 2014, the Tri-State Professional Firefighters Union, Local 3165, Int'l Association of Firefighters (Charging Party or Union) filed an unfair labor practice charge with the State Panel of the Illinois Labor Relations Board alleging that the Tri-State Fire Protection District (Employer or District), committed multiple unfair labor practices in violation of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014), as amended (Act). After investigation, Executive Director Melissa Mlynski dismissed the charge in its entirety, having determined that Charging Party failed to raise an issue of law or fact sufficient to warrant a hearing. Charging Party filed a timely appeal and the District filed its response, which included a motion for sanctions. | | | | Date Created: | 03-08-2016 | | | | Agency ID: | Case No. S-CA-15-033 | | | | ISL ID: | 000000057804 Original UID: 178897 FIRST WORD: Decisions | |
| 188: | | Title: | | | | | Volume/Number: | 2016 March | | | | Issuing Agency: | | | | | Description: | Metropolitan Alliance of Police, Chapter #612 -vs- Village of Glenwood: On August 5, 2015, Administrative Law Judge Anna Hamburg-Gal issued a Recommended Decision and Order dismissing in part and sustaining in part the complaint in the above-captioned case. In the complaint, Charging Party Metropolitan Alliance of Police, Chapter #612 (Charging Party or MAP) alleged that Respondent Village of Glenwood (Respondent or Village) had violated Section 10(a)(4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014) as amended, by implementing a decision to promote three sergeants without first completing effects bargaining. MAP also amended its complaint at hearing to include an allegation that the Village has violated Section 10(a)(2) and (1) of the Act by retaliating against two MAP Executive Board members for disagreeing with the Police Chief over the promotion process. | | | | Date Created: | 03-10-2016 | | | | Agency ID: | Case No. S-CA-14-019 | | | | ISL ID: | 000000057805 Original UID: 178898 FIRST WORD: Decisions | |
| 189: | | Title: | | | | | Volume/Number: | 2015 December | | | | Issuing Agency: | | | | | Description: | Oak Lawn Professional Fire Fighters Association, Local 3405, International Association of Fire Fighters -vs- Village of Oak Lawn: On June 12, 2015, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (Compliance RDO) in the above-captioned case, finding that the Compliance Officer erred when he determined that the Village of Oak Lawn (Respondent) owed the Oak Lawn Professional Fire Fighters Association, Local 3405, International Association of Fire Fighters (Charging Party) $3,163,801.73 in backpay pursuant to an earlier order issued by the Illinois Labor Relations Board in Case No. S-CA-09-007 [26 PERI 118]. The Charging Party filed exceptions to the ALJs Compliance RDO pursuant to Section 1200.135 of the Board's Rule and Regulations 80 Ill. Admin. Code Parts 1200 through 1300. The Respondent filed a response and cross-exceptions. The Charging Party filed a cross-response. | | | | Date Created: | 12-02-2015 | | | | Agency ID: | Case No. S-CA-9-007-C | | | | ISL ID: | 000000057806 Original UID: 178899 FIRST WORD: Decisions | |
| 190: | | Title: | | | | | Volume/Number: | 2016 | | | | Issuing Agency: | | | | | Description: | Brian K. Trygg and State of Illinois - Department of Central Management Services and General Teamsters/Professional and Technical Employees, Local Union 916: On July 1, 2015, Administrative Law Judge Anna Hamburg-Gal (ALJ) issued a Recommended Decision and Order (RDO) sustaining the complaints in the above-captioned cases. In his complaints, Charging Party Brian K. Trygg (Charging Party or Trygg) alleged Respondent State of Illinois, Department of Central Management Services (CMS or Employer) and Respondent General Teamsters/Professional and Technical Employees, Local Union 916 (Teamsters or Union) violated Sections 10(a)(1) and 10(b)(1) of the Illinois Public Labor Relations Act, 5 ILCs 315/10(a) (2014) as amended (Act), by failing to safeguard employees' right to non-association in the parties' collective bargaining agreement (CBA) pursuant to Section 6(g). The Complaint also alleged that as a bona fide religions objector, Trygg was entitled to pay his fair share fees to a non-religious charity agreed upon by himself and the Union. Both Trygg and the Union filed timely exceptions to portions of the RDO pursuant to Section 1200.135(b) of the Board's Rules and Regulations, 80 Ill. Adm. Code [sec.] 11200.135(b), CMS did not file exceptions or respond to the other parties' exceptions. To better understand the legal questions and the parties; arguments, we held oral argument on November 17, 2015, in which all parties participated. After reviewing the exceptions, cross-exceptions, responses, and the record, we adopt the ALJ's ultimate legal conclusions with the following comments. | | | | Date Created: | 03-15-2016 | | | | Agency ID: | Case No. S-CA-10-092; Case No. S-CB-10-024 | | | | ISL ID: | 000000057807 Original UID: 178900 FIRST WORD: Decisions | |
| 191: | | Title: | | | | | Volume/Number: | 2016 March | | | | Issuing Agency: | | | | | Description: | City of Park Ridge and International Union of Operating Engineers, Local 150: On May 28, 2013, the International Union of Operating Engineers, Local 150 (Union) filed a charge with the Illinois Labor Relations Board's State Panel (Board) alleging that the City of Park Ridge (City or Employer) engaged in unfair labor practices within the meaning of sections 10( a)( 4 ), (7), and ( 1) of the Illinois Public Labor Relations Act (Act) 5 ILCS 315 (2012). On June 7, 2013, the Employer filed a charge with the Board alleging that the Unionengaged in unfair labor practices within the meaning of sections lO(b )( 4 ), (8), and (1) of the Act.Both charges were investigated in accordance with Section 11 of the Act and on September 18,2013, the Executive Director issue a Complaint for hearing on each charge. I consolidated the two cases. A hearing was conducted on November 19, 20, and 21, 2014, in Chicago, Illinois. | | | | Date Created: | 03-04-2016 | | | | Agency ID: | Case No. S-CA-13-197; Case No. S-CB-13-047 | | | | ISL ID: | 000000057808 Original UID: 178901 FIRST WORD: Decisions | |
| 192: | | Title: | | | | | Volume/Number: | 2016 January | | | | Issuing Agency: | | | | | Description: | Department of Central Management Services -vs- American Federation of State, County, and Municipal Employees, Council 31: The Board found that the individuals represented by petitioner, a collection of employees from the Pollution Control Board, were subject to removal from their collective bargaining units upon being designed by the Governor as exempt from collective bargaining under a 2013 statute. We find that the individuals' collective bargaining rights were beyond the reach of the Governor and that the Board should have dismissed the Governor's petitions. | | | | Date Created: | 03-22-2016 | | | | Agency ID: | Case No. S-DE-14-092; Case No. S-DE-14-093; Case No. S-DE-14-094; IL App. No. 13-3866-U | | | | ISL ID: | 000000057810 Original UID: 178903 FIRST WORD: Decisions | |
| 193: | | Title: | | | | | Volume/Number: | 2015 April | | | | Issuing Agency: | | | | | Description: | Department of Central Management Services (Illinois Commerce Commission, Illinois Workers Compensation Commission and Pollution Control Board) -vs- American Federation of State, County, and Municipal Employees, Council 31: Pursuant to Illinois Supreme Court Rule 335 (eff. Feb 1, 1994) and section 11(e) of the Illinois Public Labor Relations Act (Labor Act)(5 ILCS 315/119(e)(West 2012)), petitioners, the Department of Central Management Services (CMS), the Illinois Commerce Commission, the Illinois Workers' Compensation Commission, and the Pollution Control Board, seek direct review of a decisions by the Governor for exclusion from collective bargaining did not qualify for such designation under section 6.1(a) of the Labor Act (5 ILCS 315/6.1(a)(West Supp. 2013)) because the employing agencies were not directly responsible to the Governor. On review, petitioners argue (1) the gubernatorial designations did comport with section 6.1 of the Labor Act and (2) the Board erred by not (a) affording petitioners an oral hearing and (b) considering CMS's motion for reconsideration. | | | | Date Created: | 11-23-2015 | | | | Agency ID: | Case No. S-DE-14-047; Case No. S-DE-14-083; Case No. S-DE-14-086; IL App. No. 4-13-1022; IL App. No. 4-13-1023;IL App. No. 4-13-1024 | | | | ISL ID: | 000000057812 Original UID: 178905 FIRST WORD: Decisions | |
| 194: | | Title: | | | | | Volume/Number: | 2015 September | | | | Issuing Agency: | | | | | Description: | Tri-State Professional Firefighters Union, Local 3165, IAFF -vs- Tri-State Fire Protection District: Following its affirmance of an administrative law judge's (ALJ) decision finding that petitioner-appellant Tri-State Professional Firefighters Union, Local 3165, IAFF (Union) failed to bargain in good faith with respondent-appellee Tri-State Fire Protection District (District) in negotiations for a successor collective bargaining agreement, respondent-appellee Illinois Labor Relations Board, State Panel; John Hartnett, Paul Besson, James Brennwald, Michael Coli, and Albert Washington, the members of said Board and Panel in their official capacity only; and Melissa Mlynski, Executive Directory of said Board in her official capacity only (Board) issued an affirmative bargaining order returning the parties to status quo ante and effectively nullifying a prior interest arbitration award. In response, the Union filed a petition for administrative review of the Board's decision in our court. On appeal, it contends that the District's complaint against it was procedurally defective and that the Board improperly relied on conduct outside the appropriate statute of limitations in rendering its decision, that the Board erred by failing to examine the totality of the circumstances, tha the Board erred in not dismissing the District's complaint as moot, and that the Board's order is void because it did not have the authority to vacate the prior arbitration award. The Union asks that we enter an order reversing and vacating the Board's order, particularly, its bad faith finding and its remedial affirmative bargaining order. | | | | Date Created: | 01-04-2016 | | | | Agency ID: | Case No. S-CB-13-033 | | | | ISL ID: | 000000057813 Original UID: 178906 FIRST WORD: Decisions | |
| 195: | | Title: | | | | | Volume/Number: | 2014 March | | | | Issuing Agency: | | | | | Description: | Peter Wagner -vs- Department of Central Management Services (Department of Commerce and Economic Opportunity): It is the decision of this court that the order on appeal be AFFIRMED and stand in full force and effect. | | | | Date Created: | 03-13-2014 | | | | Agency ID: | ILRBS No. S-CA-12-072; IL App. General No. 4-12-0827 | | | | ISL ID: | 000000057814 Original UID: 178907 FIRST WORD: Decisions | |
| 196: | | Title: | | | | | Volume/Number: | 2016 April | | | | Issuing Agency: | | | | | Description: | Secretary of State -vs- Service Employees International Union, Local 73, CTW/CLC: On December 30, 2015, Administrative Law Judge Sarah R. Kerley (ALJ) issued a Recommended Decision and Order in the above-captioned case finding that Executive I and IIs and Drivers Facility Managers I and IIs employed by the Illinois Secretary of State are not public employees under Section 3(n) of the Illinois Public Labor Relations Act, 5 ILCS 315 (214), as amended. The ALJ further recommended that Service Employees International Union, Local 73's petition in case S-UC-120934 seeking inclusion of Executive I and IIs be dismissed, and the Secretary of State's petition in case S-UC-14-006 seeking exclusion of Executive I and IIs and Drivers Facility Managers I and IIs be granted. Thereafter, in accordance with Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Parts 1200 and 1240, the parties filed timely exceptions and cross-exceptions to the Recommended Decision and Order, followed by timely responses, after which we heard oral argument by the parties. After reviewing the record, exceptions and responses, and considering the oral argument, we hereby uphold the Recommended Decision and Order for the reasons set forth by the Administrative Law Judge. | | | | Date Created: | 05-03-2016 | | | | Agency ID: | Case No. S-UC-14-006; Case No. S-UC-12-034 | | | | ISL ID: | 000000058186 Original UID: 179301 FIRST WORD: Decisions | |
| 197: | | Title: | | | | | Volume/Number: | 2016 May | | | | Issuing Agency: | | | | | Description: | American Federation of State, County and Municipal Employees, Council 31 -vs- Department of Central Management Services: On February 3, 2016, Administrative Law Judge Sarah R. Kerley issued a Recommended Decision and Order in the above-captioned case finding that the Respondent, State of Illinois, Department of Central Management Services, did not fail to bargain in good faith with the Charging Party, American Federation of State, County and Municipal Employees, Council 31, by making a unilateral change to the status quo pending negotiations on a successor agreement, in violation of Section 10(a)(4) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014), as amended. 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 Charging Party filed timely exceptions to the Recommended Decision and Order, followed by Respondent's timely responses and cross-exceptions, and Charging Party's cross-responses. After reviewing the record, exceptions, cross-exceptions and responses, we hereby affirm the Recommended Decision and Order, as written, for the reasons set forth by the Administrative Law Judge. | | | | Date Created: | 05-26-2016 | | | | Agency ID: | Case No. S-CA-16-006 | | | | ISL ID: | 000000058187 Original UID: 179302 FIRST WORD: Decisions | |
| 198: | | Title: | | | | | Volume/Number: | 2016 June | | | | Issuing Agency: | | | | | Description: | Village of Skokie -vs- Skokie Firefighters Local 3033, IAFF: On May 12, 2016, the Village of Skokie (Employer) and the Skokie Firefighters Local 3033, IAFF jointly filed a Petition for Declaratory Ruling pursuant to Section 1200.143 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. code Parts 1200 through 1240. They request a determination as to whether the Employer's proposal to maintain the status quo of the Entire Agreement clause, set forth in Article XXIII of the parties' expired Collective Bargaining Agreement, is a permissive or mandatory subject of bargaining within the meaning of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014). Both parties filed briefs. | | | | Date Created: | 06-21-2016 | | | | Agency ID: | Case No. S-DR-16-006 | | | | ISL ID: | 000000058325 Original UID: 179479 FIRST WORD: Decisions | |
| 199: | | Title: | | | | | Volume/Number: | 2016 June | | | | Issuing Agency: | | | | | Description: | American Federation of State, County and Municipal Employees, Council 31 -vs- City of East Moline: On February 3, 2016, Administrative Law Judge Sarah R. Kerley (ALJ) issued a Recommended Decision and Order in the above-captioned case finding that the Respondent, City of East Moline, failed to bargain in good faith with the Charging Party, American Federation of State, County and Municipal Employees, Council 31 (AFSCME), when it decided to subcontract solid waste collection work performed by bargaining unit members, and entered into am agreement with a private company to perform that work without first bargaining to agreement or impasse, in violation of Section 10(a)(4) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014), as amended. 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 1300, the Respondent filed timely exceptions to the Recommended Decision and Order, followed by Charging Party's timely exceptions to the Recommended Decision and Order, followed by Charting Party's timely responses. After reviewing the record, exceptions, and responses, we hereby affirm the conclusion reached by the ALJ in her Recommended Decision and Order; however, we modify slightly the ALJ's analysis with respect to the question of whether the Respondent's conduct involved a mandatory subject of bargaining, as follows. | | | | Date Created: | 06-22-2016 | | | | Agency ID: | Case No. S-CA-15-116 | | | | ISL ID: | 000000058326 Original UID: 179482 FIRST WORD: Decisions | |
| 200: | | Title: | | | | | Volume/Number: | 2016 August | | | | Issuing Agency: | | | | | Description: | Beverly Jackson -vs- American Federation of State, county and Municipal Employees, Council 31: On May 31, 2016, Executive Director Melissa Mlynski dismissed a charge filed by Beverly Jackson (Charging Party) alleging that American Federation of State, County and Municipal Employees, Council 31 (Respondent or Union) violated Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014), as amended (Act). Following investigation, the Executive Director determined that Charging Party had failed to raise an issue of fact or law sufficient to warrant a hearing on her charge that the Union had violated its duty of fair representation under the Act. Charging Party filed a timely appeal of the dismissal. Respondent did not file a response to the appeal. | | | | Date Created: | 08-12-2016 | | | | Agency ID: | Case No. S-CB-16-013 | | | | ISL ID: | 000000058795 Original UID: 180017 FIRST WORD: Decisions | |
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