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Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 January 
 Issuing Agency:   
 Description:  On July 27, 2012, Administrative Law Judge Eileen Bell issued a Recommended Decision and Order in the above-captioned case finding that the nine peace officers in the rank of Sergeant employed by the Village of Plainfield (Employer) are supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010)(Act), and that the above-referenced petition filed by the Illinois Fraternal Order of Police Labor Council (Petitioner) should 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 Petitioner filed a timely response and cross-exceptions to which Petitioner filed a response. After reviewing the record, exceptions and responses, we adopt, as modified below, the Administrative Law Judge's findings of fact and law in support of her determination that the Sergeants at issue are supervisors within the meaning of Section 3(r) of the Act and that the instant petition should be dismissed. 
 Date Created:   
 Agency ID:  Case No. S-RC-09-111 
 ISL ID:  000000047432   Original UID: 169437 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 December 
 Issuing Agency:   
 Description:  On September 4, 2012, Administrative Law Judge Eileen L. Bell, 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 December 11, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:   
 Agency ID:  Case No. S-CB-12-017 
 ISL ID:  000000047433   Original UID: 169438 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 June 
 Issuing Agency:   
 Description:  On April 19, 2013, Executive Director Melissa Mlynski issued a dismissal of two unfair labor practice charges filed by the American Federation of State, County and Municipal Employees, Council 31 (Charging Party) against the Peoria Housing Authority (Respondent). The first charge, Case No. S-CA-13-052 filed on October 26, 2012, alleged violations of Sections 10(a)(7) and (l) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) as amended, by making regressive charges to proposals intended to stall the bargaining process. The second charge, Case No. S-CA-12-068, was filed on December 17, 2012 and alleged that Respondent violated Section 10(a)(4)and (l) of the Act by failing to meet at reasonable times and places. On May 6, 2013, Charging Party timely filed an appeal of the dismissal of the first charge, Case No. S-CA-12-052, pursuant to Section 1200.135 of the Board's Rules and Regulations, 80 Ill. Admin. Code Parts 1200 through 1240. Respondent did not file a response. After a review of Charging Party's appeal and the record, we reverse the Executive Director's dismissal. 
 Date Created:  08 16 2013 
 Agency ID:  Case No. S-CA-13-052 
 ISL ID:  000000047434   Original UID: 169439 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 May 
 Issuing Agency:   
 Description:  On April 2, 2013, Acting Executive Director Jerald S. Post dismissed the unfair labor practice charge filed by the American Federation of State, County and Municipal Employees, Council 31 (Charging Party) in the above-referenced 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) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2010), when, in direct contravention of a grievance settlement between the parties, Respondent proposed to subcontract adoption and post-adoption procedures and lay off employees represented by Charging Party. 
 Date Created:  08 16 2013 
 Agency ID:  Case No. S-CA-13-040 
 ISL ID:  000000047435   Original UID: 169440 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 April 
 Issuing Agency:   
 Description:  On July 2, 2012, Charging Party, Joseph S. McGreal, filed a charge with the State Panel of the Illinois Labor Relations Board (Board) in the above-captioned case alleging that the Village of Orland Park, (Respondent, Employer of Village), violated Sections 10(a)(1), (2) and (3) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act). After an investigation conducted in accordance with Section 11 of the Act, I determined that the charge fails to raise an issue of law or fact sufficient to warrant a hearing and issue this dismissal for the reasons set forth below. 
 Date Created:  08 16 2013 
 Agency ID:  Case No. S-CA-13-001 
 ISL ID:  000000047436   Original UID: 169441 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 July 
 Issuing Agency:   
 Description:  On November 20, 2012, Executive Director Melissa Mlynski issued a partial dismissal of amended unfair labor practice charges filed by Service Employees International Union Local 73 (Charging Party) against the Village of Oak Park (Respondent) in the above-referenced case. On that same date she deferred all remaining issues in the case to grievance arbitration. Pursuant to Section 1200.135(a) of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Parts 1200 through 1240 (Board Rules), Charging Party filed a timely appeal of the dismissal, and Respondent filed a timely response. Pursuant to Section 1200.135(a) and Section 1220.65(d) of the Board Rules, Charging Party also filed a separate timely appeal of the deferral, and Respondent, again, filed a response. We address both appeals in this decision and order, and for the reasons which follow, affirm both of the Executive Director's actions. 
 Date Created:  07 19 2013 
 Agency ID:  Case No. S-CA-12-175 
 ISL ID:  000000047441   Original UID: 169446 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 July 
 Issuing Agency:   
 Description:  On November 20, 2012, Executive Director Melissa Mlynski deferred charges filed by Service Employees International Union Local 73 (Charging Party) against the Village of Oak Park (Respondent) in the above-referenced case. Pursuant to Section 1200.135(a) and Section 1220.65(d) of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Parts 1200 through 1240, Charging Party filed a timely appeal of that deferral. Respondent filed a timely response. For the reasons which follow, we affirm the Executive Director's deferral. 
 Date Created:  07 19 2013 
 Agency ID:  Case No. S-CA-12-163 
 ISL ID:  000000047442   Original UID: 169447 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 January 
 Issuing Agency:   
 Description:  On August 28, 2012, Executive Director Melissa Mlynski issued an order deferring to arbitration the unfair labor practice charge filed by the Service Employees International Union, Local 73 (Charging Party) in the above-captioned case. The Charging Party alleged that the City of Waukegan (Respondent) engaged in unfair labor practices within the meaning of Section 10(a)(1), (2) and (4) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) as amended when the Respondent issued a one-day suspension to Al Booth in retaliation for engaging in union activity and failed to provide the Charging Party with information upon request. 
 Date Created:  01 29 2013 
 Agency ID:  Case No. S-Ca-12-159 
 ISL ID:  000000047443   Original UID: 169448 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:   
 Description:  On March 22, 2012, Charging Party, Geraldine Armstrong, filed a charge with the State Panel of the Illinois Labor Relations Board (Board) in the above-captioned case, alleging that Respondent, Village of Maywood (Respondent of Employer), violated Section 10(a)(3), (2) and (1) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2010), as amended. After an investigation conducted in accordance with Section 11 of the Act, I determined that the charge fails to raise an issue of law or fact sufficient to warrant a hearing and issue this dismissal for the reasons set forth below. 
 Date Created:  08 08 2012 
 Agency ID:  Case No. S-CA-12-135 
 ISL ID:  000000047444   Original UID: 169449 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 May 
 Issuing Agency:   
 Description:  On October 29, 2012, Executive Director Melissa Mlynski issued a deferral to arbitration, a partial dismissal, and a complaint for hearing. These documents disposed of six allegations set forth in a charge filed by the International Association of Firefighters, Local 439. (Charging Party of Union) against the City of Elgin (Respondent or City) on March 1, 2012, as amended on April 4, 2012. The allegations asserted that the Respondent engaged in unfair labor practices in violation of Section 10(a)(4), (2), and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010). 
 Date Created:  05 20 2013 
 Agency ID:  Case No. S-CA-12-125 
 ISL ID:  000000047445   Original UID: 169450 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 June 
 Issuing Agency:   
 Description:  On April 1, 2013 Administrative Law Judge Eileen L. Bell, 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 June 11, 2013 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  06 12 2013 
 Agency ID:  Case No. S-CA-12-107 
 ISL ID:  000000047446   Original UID: 169451 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 October 
 Issuing Agency:   
 Description:  On July 2, 2012, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) in the above-referenced consolidated cases, determining that employees of the Illinois Department of Central Management Services (Employer) working at the Illinois Commerce Commission (ICC) in the titles of Administrative Law Judge III and Administrative Law Judge IV, are managerial employees within the meaning of Section 3(j) of the Illinois Public Labor Relations Act, 5 ILCS 315/3(j) (2010), and not public employees within the meaning of Section 3(n) of the Act, and for that reason that the petitions filed by AFSCME Council 31 (Petitioner to include them in the existing RC-10 bargaining unit it represents should be dismissed. 
 Date Created:  10 29 2012 
 Agency ID:  Case No. S-RC-10-034; Case No. S-RC-10-036 
 ISL ID:  000000047450   Original UID: 169455 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 October 
 Issuing Agency:   
 Description:  On July 17, 2012, Executive Director Melissa Mlynski dismissed the unfair labor practice charge filed by the Metropolitan Alliance of Police, Schaumburg Command Chapter 219 (Charging Party) in the above-captioned case. The Charging Party alleged that the Village of Schaumburg (Respondent) engaged in unfair practices within the meaning of Section 10(a)(2) and (4) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a)(2) and (4) (2010), when Respondent reorganized the managerial structure of its police department. 
 Date Created:  10 29 2012 
 Agency ID:  Case No. S-CA-12-127 
 ISL ID:  000000047453   Original UID: 169459 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 July 
 Issuing Agency:   
 Description:  On April 24, 2013, Administrative Law Judge Eileen L. Bell, 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 July 9, 2013 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  07 09 2013 
 Agency ID:  Case No. S-CA-12-087 
 ISL ID:  000000047454   Original UID: 169460 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 May 
 Issuing Agency:   
 Description:  ON February 19, 2013, Administrative Law Judge Kimberly Faith Stevens, 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 May 16, 2013 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  05 16 2013 
 Agency ID:  Case No. S-CA-12-073 ; Case No. S-CA-12-083; Case No. S-CA-12-122 
 ISL ID:  000000047455   Original UID: 169461 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 March 
 Issuing Agency:   
 Description:  On December 5, 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 March 12, 2013 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  03 12 2013 
 Agency ID:  Case No. S-CA-12-026 
 ISL ID:  000000047456   Original UID: 169462 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 January 
 Issuing Agency:   
 Description:  On January 10, 2012, the Illinois Labor Relations Board's Executive Director, John F. Brosnan, dismissed the unfair labor practice charge filed by Patrick C. Nickerson (Charging Party) in the above-captioned case. Nickerson alleged that the Village of University Park (Respondent or Village) engaged in unfair labor practices within the meaning of Section 10(a)(1) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2010), as amended, when it terminated Nickerson's employment as a Maintenance Technician in its Public Works Department, allegedly because he had complained about a loss of sick and vacation time in 2008 or 2009 and because, in 2009, he assisted a co-worker who had filed charges with the Board, the Equal Employment Opportunity Commission (EEOC), and the Illinois Department of Human Rights (IDHR). 
 Date Created:  01 29 2013 
 Agency ID:  Case No. S-CA-12-011 
 ISL ID:  000000047457   Original UID: 169463 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 June 
 Issuing Agency:   
 Description:  On March 5, 2012, Laborers' International Union of North America, Local 477 (Petitioner) filed a unit clarification petition in the above-captioned case with the State Panel of the Illinois Labor Relations Board (Board) pursuant to the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), and the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin Code, Parts 1200 through 1240 (Rules). The Petitioner seeks to include persons in the title of sergeant employed by the Village of Southern View (Employer) in the existing S-RC-12-030 bargaining unit, currently represented by the Petitioner. 
 Date Created:  04 25 2012 
 Agency ID:  Case No. S-UC-12-036 
 ISL ID:  000000047458   Original UID: 169464 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 July 
 Issuing Agency:   
 Description:  On April 17, 2012, Administrative Law Judge (ALJ) Michelle N. Owen 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) concerning certain employees of the Illinois Secretary of State (Employer). Filed pursuant to Section 9 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), and Section 1210.170 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code, Parts 1200 through 1240 (Rules), the petition sought to clarify that a collective bargaining unit of Secretary of State employees previously recognized in Case No. S-UC-04-046, as modified by Case No. S-RC-11-006, includes Executive I and Executive II positions that exist outside of the Employer's Drivers' Services Department. The Employer filed timely exceptions to the RDO pursuant to Section 1200.135 of the Rules, and the Petitioner filed a timely response. After reviewing the record, briefs, exceptions, and response, we adopt the ALJ's recommendations for the reasons which follow. 
 Date Created:  07 26 2012 
 Agency ID:  Case No. S-UC-12-034 
 ISL ID:  000000047459   Original UID: 169465 FIRST WORD: Decisions 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 April 
 Issuing Agency:   
 Description:  On February 24, 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:  04 12 2012 
 Agency ID:  Case No. S-UC-11-152 
 ISL ID:  000000047460   Original UID: 169466 FIRST WORD: Decisions 
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