| | | | Title: | | | | | Volume/Number: | 2010 November | | | | Issuing Agency: | | | | | Description: | Service Employees International Union, Local 73 and Illinois State Toll Highway Authority: Respondent Service Employees International Union, Local 73 (the Union), filed an unfair labor practice charge against petitioner, the Illinois State Toll Highway Authority (The Tollway). The Union charged that the Tollway violated an employee's right to union representation under National Labor Relations Board v. J. Weingarten, Inc., 420 U.S. 251, 43 L. Ed. 2d 171, 95 S. Ct. 959(1975), and sections 10(a)(1) and (a)(4) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/10(a)(1), 10(a)(4) (West 2008)), by not providing the employee with advance notice about the topic of investigation before the Tollway conducted an investigative interview. Respondent Illinois Labor Relations Board, State Panel (ILRB), determined that, although a union representative was provided to the employee during the investigative interview, the Tollway's failure to provide advance notice about the topic of the interview violated her right to meaningful union representation and constituted an unfair labor practice. The Tollway appeals. We hold that, while the ILRB correctly determined that the employee was entitled to advance notice about the subject matter of the interview, she was also required to request such advance notice. We therefore set aside the ILRB's order. | | | | Date Created: | 01 04 2011 | | | | Agency ID: | Case No. S-CA-07-155; No. 2-09-0763 | | | | ISL ID: | 000000050279 Original UID: 171221 FIRST WORD: Decisions | |
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