| | | | Title: | | | | | 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 | |
| | | Title: | | | | | Volume/Number: | 2011 January | | | | Issuing Agency: | | | | | Description: | On June 10, 2010, Administrative Law Judge (ALJ) John Clifford, issued a Recommended Decision and Order (RDO) in the above-referenced case, recommending that the Illinois Labor Relations Board find six individuals employed by the State of Illinois, Department of Central Management Services (Employer) in the job title of Senior Public Service Administrator (SPSA) Option 7 who work either at the Illinois Gaming Board or at the Illinois Department of Revenue are not supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS (2008) as amended, and that three of them are also not managerial employees within the meaning of Section 3(j) of the Act. The ALJ recommended that the Board add these job titles to the existing RC-62-OCB bargaining unit represented by Petitioner, American Federation of State, County and Municipal Employees, Council 31 (AFSCME). The Employer filed timely exceptions to the RDO pursuant to Section 1200.135 of the Board's Rules and Regulations, 80 Ill. Admin. Code Parts 1200 through 1240, and AFSCME filed a timely response. After reviewing the record, briefs, exceptions and response, we adopt the ALJ's recommended decision and order for the reasons that follow. | | | | Date Created: | 01 25 2011 | | | | Agency ID: | Case No. S-RC-09-188 | | | | ISL ID: | 000000047645 Original UID: 169682 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2012 May | | | | Issuing Agency: | | | | | Description: | On June 4, 2009, the Illinois Fraternal Order of Police Labor Council (Petitioner) filed a majority interest petition in Case No. S-RC-09-184 with the State Panel of the Illinois Labor Relations Board (Board) pursuant to the Illinois Public Labor Relations Act, 5 ILCS 315 (2008), as amended (Act), and the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Amin. Code, Parts 1200 through 1240 (Rules). Petitioner seeks to represent a unit employed be the City of Springfield (Police Department) (Employer) that includes all full-time sworn officers in the rank of lieutenant and excludes all other employees. | | | | Date Created: | 08 29 2013 | | | | Agency ID: | Case No. S-RC-09-184; No. 1-11-1691 | | | | ISL ID: | 000000047646 Original UID: 169684 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2011 December | | | | Issuing Agency: | | | | | Description: | On August 26, 2011, Administrative Law Judge Sharon B. Wells, 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 6, 2011 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. | | | | Date Created: | 12 09 2011 | | | | Agency ID: | Case No. S-RC-09-182 | | | | ISL ID: | 000000047649 Original UID: 169700 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2011 April | | | | Issuing Agency: | | | | | Description: | Respondent/Petitioner, American Federation of State, County and Municipal Employees, Council 31 (AFSCME or Union), filed a petition with the State Panel of the Illinois Labor Relations Board (Board) on May 28, 2009, in the above-captioned case, seeking an election and certification, to represent in its existing RC-63 bargaining unit, certain persons employed by the Objector/Employer, State of Illinois, Department of Central Management Services (State), in the title or classification of Senior Public Service Administrator, Option 4, in its Environmental Protection Agency, Department of Public Health, Department of Human Services, and Department of Commerce and Economic Opportunity. On January 21, 2011, the Board directed an election for the petitioned-for employees, and in February and March, a Board agent conducted the election by mail ballot. | | | | Date Created: | 05 03 2011 | | | | Agency ID: | Case No. S-RC-09-180 | | | | ISL ID: | 000000047650 Original UID: 169701 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2011 October | | | | Issuing Agency: | | | | | Description: | On April 26, 2010, Administrative Law Judge Deanna Rosenbaum issued a Recommended Decision and Order (RDO) in the above-captioned case in which she concluded that six sergeants employed by the Village of Streamwood (Employer or Village) were not supervisors or confidential employees within the meaning of Section 3(c) and 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2008) (Act), and that the Metropolitan Alliance of Police (Petitioner or Union) should be certified as their collective representative. In accordance with Section 1210.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Parts 1200 through 1240 (Rules), the Employer filed timely exceptions to the Administrative Law Judge's RDO, the Metropolitan Alliance of Police (Petitioner or Union) filed a timely response and cross-exception, and the Employer filed a timely cross-response. After reviewing the record, exceptions, cross-exception, response, and cross-response, we adopt the Administrative Law Judge's findings of fact, but reverse her conclusion that the sergeants are not supervisors within the meaning of the Act. We dismiss the instant petition. | | | | Date Created: | 08 29 2013 | | | | Agency ID: | Case No. S-RC-09-145 ; No. 1-11-0144 | | | | ISL ID: | 000000047651 Original UID: 169702 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2011 March | | | | Issuing Agency: | | | | | Description: | On August 26, 2010, Administrative Law Judge Joseph F. Tansino issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, find that the six police department employees of the Village of Lake Zurich in the rank of sergeant were supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2008) as amended, and therefore the majority interest representation petition filed by the Illinois Fraternal Order of Police Labor Council must be dismissed. | | | | Date Created: | 03 19 2011 | | | | Agency ID: | Case No. S-RC-09-139 | | | | ISL ID: | 000000047652 Original UID: 169703 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2010 December | | | | Issuing Agency: | | | | | Description: | The Department of Central Management (employer) 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 a single position, that of the chief hearing officer of the Property Tax Appeal Board. See 5 ILCS 315/9(I)(West 2008). The employer argues that the chief hearing officer is a managerial employee, a supervisor, or both and that he consequently has no right under the Illinois Public Labor Relations Act (Act) (5 ILCS 315/1 through 27 (West 2008)) to participate in collective bargaining. Further, the employer accuses the Board of unfairness and procedural impropriety. The Employer complains that the Board failed to conduct an evidentiary hearing before rejecting, out of hand, the employer's argument that the chief hearing officer should be excluded from collective bargaining. | | | | Date Created: | 02 09 2011 | | | | Agency ID: | Case No. S-RC-09-136; No. 4-09-0722 | | | | ISL ID: | 000000047653 Original UID: 169704 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2010 December | | | | Issuing Agency: | | | | | Description: | Justice McCullough delivered that option of the court: Petitioner, the Illinois Department of Central Management Services/the Illinois Human Rights Commission (CMS), seeks administrative review of a decision of the Illinois Labor Relations Board, State Panel (Board), that permitted inclusion of employees with the classification of public service administrator (PSA), option 8L, Administrative Law Judge (ALJ), into an existing bargaining unit, RC-10, and certified the American Federation of State, County, and Municipal Employees, Council 31 (union), as their exclusive representative. CMS argues it was improperly and unfairly denied an evidentiary hearing and due process, and ALJs are managerial employees under the Illinois Public Labor Relations Act (Act) (5 ILCS 315/1 through 27 (West 2008)) and, therefore, excluded from engaging in collective bargaining. we reverse, finding the ALJs in the case at bar to be managerial employees as a matter of law. | | | | Date Created: | 02 09 2011 | | | | Agency ID: | Case No. S-RC-09-132 ; No. 4-09-0721 | | | | ISL ID: | 000000047654 Original UID: 169705 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2011 June | | | | Issuing Agency: | | | | | Description: | On March 4, 2011, Administrative Law Judge (ALJ) Joseph F. Tansino issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, grant the motion for summary judgment filed by the County of Winnebago and the Sheriff of Winnebago County (collectively, Employer) in this matter and dismiss the majority interest representation petition filed by the Illinois Fraternal Order of Police Labor Council (Petitioner) to represent all deputy sheriffs in the rank of sergeant in the Winnebago County Sheriff's Department. ALJ Tansino recommended that the petitioned-for employees be found to be supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2010), as amended, because the parties had agreed in a recognition clause of a collective bargaining agreement for an existing bargaining unit of the Employer's patron deputies that officers in the rank of sergeant and above were supervisors. | | | | Date Created: | 06 28 2011 | | | | Agency ID: | Case No. S-RC-09-123 | | | | ISL ID: | 000000047660 Original UID: 169712 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2011 January | | | | Issuing Agency: | | | | | Description: | Justice McLaren delivered the judgment of the court, with opinion Justices Zenoff and Burke concurred in the judgment and opinion.Petitioner, the City of Sandwich (the City), petitions for review of the certification of representation and the decision and order of respondent Illinois Labor Relations Board, State Panel (Board), certifying respondent Illinois Fraternal Order of Police Labor Council (FOP) as the exclusive representative for collective bargaining purposes of all full-time sworn police officers of the rank of sergeant and below employed by the City. We reverse the decision and order and vacate the certification of representation. | | | | Date Created: | 07 13 2011 | | | | Agency ID: | Case No. S-RC-09-061 ; Nos. 2-09-0800 and 2-09-0985 cons | | | | ISL ID: | 000000047661 Original UID: 169713 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2011 March | | | | Issuing Agency: | | | | | Description: | Justice Birkett delivered the judgment of the court. Justices Bowman and Schostok concurred in the judgment.The evidence presented at a hearing before the Illinois Labor Relations Board, State Panel, was sufficient to prove that the sergeants employed by the Oak Brook Police Department had supervisory authority in the following areas: (1) direct; (2) discipline; (3) reward, (4) promote; and (5) adjust grievances. Therefore, the Board clearly erred in ruling that the sergeants were not supervisors within the meaning of the Illinois Public Labor Relations Act (5 ILCS 315/3(r) (West 2010)) and subsequently certifying the Metropolitan Alliance of Police, Oak Brook Sergeants No. 54 as the exclusive representative of the Oak Brook Village's sergeants. | | | | Date Created: | 05 05 2011 | | | | Agency ID: | Case No. S-RC-09-057; No. 2-10-0168 | | | | ISL ID: | 000000047662 Original UID: 169714 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2011 January | | | | Issuing Agency: | | | | | Description: | On September 7, 2010, Administrative Law Judge Sylvia Rios issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, find that three employees of the State of Illinois, Department of Central Management Services (Employer) holding the job title Senior Public Service Administrator Option 8(h) and employed at the Illinois Department of Public Health were not supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315/3(r) (2008), and therefore should be included in the existing RC-63 bargaining unit represented by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). | | | | Date Created: | 02 01 2011 | | | | Agency ID: | Case No. S-RC-09-036 | | | | ISL ID: | 000000047663 Original UID: 169715 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2012 February | | | | Issuing Agency: | | | | | Description: | On December 13, 2011, Administrative Law Judge (ALJ) Martin Kehoe issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that Susan Bradshaw, an employee of the State of Illinois, Department of Central Management Services (Employer) serving as an administrative law judge for the Illinois Department of Human Services (DHS) in the job title of public service administrator, option 8L, should be included in the existing RC-10 bargaining unit represented by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). The ALJ rejected the Employer's argument that Bradshaw should be excluded from the unit because she was a managerial employee within the meaning of Section 3(j) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) as amended (Act). | | | | Date Created: | 02 23 2012 | | | | Agency ID: | Case No. S-RC-08-154; Nos. 4-09-0233, 4-09-0234 cons. | | | | ISL ID: | 000000047664 Original UID: 169716 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2012 May | | | | 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 01 2012 | | | | Agency ID: | Case No. S-RC-130 | | | | ISL ID: | 000000047665 Original UID: 169717 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2010 December | | | | Issuing Agency: | | | | | Description: | On June 15, 2007, the American Federation of State, County and Municipal Employees, Council 31 (union), filed with the Illinois Labor Relations Board, State Panel (Board), a majority-interest petition to represent 16 pharmacy directors employed by the Illinois Department of Human Services (Department) in the job title or classification of senior public administrator, option 8P. On January 26, 2009, after a three-day administrative hearing conducted in November and December 2007, the administrative law judge (ALJ), Colleen M. Harvey, issued a recommended decision and order granting the petition. On May 12, 2009, the Board decided the ALJ was correct and ordered the Board's executive director, John Brosnan, to certify the union as the exclusive representative of the petitioned-for pharmacy directors, except for Randy Malan and Phil Mahalik, who, the parties agreed, should be excluded from collective bargaining on the ground that they were supervisors, managers, or both. On May 27, 2009, Brosnan issued a corrected certification or representative, nunc pro tunc as of May 14, 2009, stating that the remaining 14 senior public service administrators, option 8P, were within the existing bargaining unit designated as RC-63. | | | | Date Created: | 07 20 2011 | | | | Agency ID: | Case No. S-RC-07-174; No. 4-09-0438 | | | | ISL ID: | 000000047666 Original UID: 169718 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2012 August | | | | Issuing Agency: | | | | | Description: | On March 29, 2012, Executive Director John F. Brosnan issued an order dismissing the unfair labor practice charge filed by Britt Weatherford (Charging Party) in the above-captioned case. The Charging Party alleged that the American Federation of State, County and Municipal Employees, Council 31 (Respondent) engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b) (2010), with respect to its handling of two grievances. | | | | Date Created: | 08 13 2012 | | | | Agency ID: | Case No. S-CB-12-016 | | | | ISL ID: | 000000047678 Original UID: 169730 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2012 August | | | | Issuing Agency: | | | | | Description: | On April 25, 2012, Executive Director John F. Brosnan issued an order dismissing the unfair labor practice charge filed by the Village of Barrington Hills (Charging Party or Village) in the above-captioned case. 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. The Respondent did not file a response. After reviewing the record and the appeal, we affirm the Executive Director's order dismissing the charge for the reasons articulated in the document. We briefly address arguments made on appeal. | | | | Date Created: | 08 30 2012 | | | | Agency ID: | Case No. S-CB-12-015 | | | | ISL ID: | 000000047679 Original UID: 169731 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2012 March | | | | Issuing Agency: | | | | | Description: | On September 27, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Edward White (Charging Party) in the above-captioned case. The Charging Party alleged that American Federation of State, County and Municipal Employees, Council 31 (Respondent) violated Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), by failing to (1) pursue a grievance relating to Charging Party's denial of a promotion; (2) assist him in challenging a fine imposed for a late Statement of Economic Interest; and (3) assist him with the denial of a worker's compensation claim. The Executive Director dismissed the charges, finding the first two allegations were outside the six-month limitation period established by Section 11(a) of the Act, and that the third claim failed to raise an issue for hearing in that there was no evidence Respondent's failure to assist with worker's compensation claims constitutes intentional misconduct, the standard articulated in Hoffman v. Lonza, 658 F.2d 519 (7th Cir. 1981), and subsequently incorporated into Section 10(b)(1) of the Act. For these reasons, he dismissed the charge. | | | | Date Created: | 03 26 2012 | | | | Agency ID: | Case No. S-CB-12-003 | | | | ISL ID: | 000000047682 Original UID: 169737 FIRST WORD: Decisions | |
| | | Title: | | | | | Volume/Number: | 2012 May | | | | Issuing Agency: | | | | | Description: | On December 20, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Dottie Attenberry (Charging Party) in the above-captioned case. the Charging Party alleged that the American Federation of State, County and Municipal Employees Council 31 (Respondent) engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b) (2010), when Respondent failed to pursue Charging Party's grievance in which she claimed that, based on prior grievance settlements, she was entitled to a salary step increase. | | | | Date Created: | 05 29 2012 | | | | Agency ID: | Case No. S-CB-12-002 | | | | ISL ID: | 000000047683 Original UID: 169738 FIRST WORD: Decisions | |
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