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Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-RC-09-123 
 ISL ID:  000000047660   Original UID: 169712 
  Documents:  S-RC-09-123.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 January 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-RC-09-061 ; Nos. 2-09-0800 and 2-09-0985 cons 
 ISL ID:  000000047661   Original UID: 169713 
  Documents:  S-RC-09-061appellatecourtdecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 March 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-RC-09-057; No. 2-10-0168 
 ISL ID:  000000047662   Original UID: 169714 
  Documents:  S-RC-09-057mandate.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 January 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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). 
 Agency ID:  Case No. S-RC-09-036 
 ISL ID:  000000047663   Original UID: 169715 
  Documents:  S-RC-09-036.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 February 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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). 
 Agency ID:  Case No. S-RC-08-154; Nos. 4-09-0233, 4-09-0234 cons. 
 ISL ID:  000000047664   Original UID: 169716 
  Documents:  S-RC-08-154boarddecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 May 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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). 
 Agency ID:  Case No. S-RC-130 
 ISL ID:  000000047665   Original UID: 169717 
  Documents:  S-RC-08-130.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2010 December 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-RC-07-174; No. 4-09-0438 
 ISL ID:  000000047666   Original UID: 169718 
  Documents:  S-RC-07-174mandate.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-CB-12-016 
 ISL ID:  000000047678   Original UID: 169730 
  Documents:  S-CB-12-016.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-CB-12-015 
 ISL ID:  000000047679   Original UID: 169731 
  Documents:  S-CB-12-015.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 March 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-CB-12-003 
 ISL ID:  000000047682   Original UID: 169737 
  Documents:  S-CB-12-003.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 May 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-CB-12-002 
 ISL ID:  000000047683   Original UID: 169738 
  Documents:  S-CB-12-002boarddecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 March 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On July 27, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Virdia Spain (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) in that, because she was a vocal member of the bargaining unit, Respondent (1) failed to accompany her to an interview with local police following the death of a disabled person in her care and (2) failed to challenge as untimely discipline later imposed by her employer, the State of Illinois, Department of Central Management Services, relating to the same incident. 
 Agency ID:  Case No. S-CB-11-059 
 ISL ID:  000000047684   Original UID: 169739 
  Documents:  S-CB-11-059boarddecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 March 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On August 8, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Carl Hamilton (Charging Party) in the above-captioned case. The Charging Party alleged that the 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 withdrawing a grievance relating to discipline imposed upon him by his employer, the State of Illinois, Department of Human Services. Accompanying his charge was a request that we appoint an attorney to represent him. Charging Party did not respond to a Board agent's request for additional information in support of his charge. 
 Agency ID:  Case No. S-CB-11-045 
 ISL ID:  000000047685   Original UID: 169740 
  Documents:  S-CB-11-045boarddecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 May 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On February 9, 2011, the Illinois Labor Relations Board's Executive Director, John F. Brosnan, dismissed the unfair labor practice charge filed by Village of Willow Springs (Charging Party) in the above-captioned case. The Charging Party alleged in its charge that the International Brotherhood of Teamsters, Local 700 (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)(2008), by coordinating a work stoppage during contract negotiations. However, the Charging Party did not respond to the Board investigator's request for a position statement the Executive Director found necessary to determine whether there was an issue of fact or law warranting a hearing and dismissed the charge for that reason. 
 Agency ID:  Case No. S-CB-11-031 
 ISL ID:  000000047686   Original UID: 169741 
  Documents:  S-CB-11-031boarddecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On September 20, 2010, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Nicholas Brais (Charging Party) in the above-captioned case. Charging Party alleged the Illinois Fraternal Order of Police Labor Council (FOP) violated Section 10(b)(1) and (3) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), by failing and refusing to fairly represent him. 
 Agency ID:  Case No. S-CB-11-021 
 ISL ID:  000000047687   Original UID: 169742 
  Documents:  S-CB-11-021boarddecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 May 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On October 22, 2010, Charging Party, Sherwin Baker, filed an unfair labor practice charge with the State Panel of the Illinois Labor Relations Board (Board) in the above-captioned case, alleging that Respondent, American Federation of State, County and Municipal Employees, Council 31 (AFSCME of Union), violated Section 10(b) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2008), 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. 
 Agency ID:  Case No. S-CB-11-006 
 ISL ID:  000000047688   Original UID: 169743 
  Documents:  S-CB-11-006.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 May 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On November 22, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Britt J. 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) violated Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), in that it failed to properly process several grievances on his behalf, failed to include him in a grievance it filed on behalf of other employees, and failed to promptly respond to his request for updates concerning his grievances. The Executive Director dismissed the charge, finding no evidence Respondent intentionally took action designed to retaliate against Charging Party or due to his status. 
 Agency ID:  Case No. S-CB-11-002 
 ISL ID:  000000047689   Original UID: 169744 
  Documents:  S-CB-11-002II.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 July 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On March 30, 2011, Administrative Law Judge Deanna Rosebaum, 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 Recommendations during the time allotted, and at its July 12, 2011 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Agency ID:  Case No. S-CB-10-083 
 ISL ID:  000000047690   Original UID: 169745 
  Documents:  S-CB-10-083GCOrder.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 March 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On August 9, 2010, the Executive Director dismissed the charges in the above-captioned cases. In Case No. S-CB-10-079, the Executive Director found that there was no evidence that Respondent American Federation of State, County and Municipal Employees, Council 31, intentionally took any action to retaliate against Bautista because of his status and no showing that Respondent's actions in not pursuing Bautista's grievance were motivated by vindictiveness discrimination or enmity. In Case No. S-CA-10-307, the Executive Director found that Bautista did not allege that the Respondent Environmental Protection Agency's actions were in retaliation for the exercise of rights protected by the Illinois Public Labor Relations Act, 5 ILCS 315 (2008), as amended. 
 Agency ID:  Case No. S-CB-10-079; Case No. S-CA-10-307 
 ISL ID:  000000047691   Original UID: 169746 
  Documents:  S-CB-10-079.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2010 August 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On June 11, 2010, Charging Party, Homero Bautista, filed an unfair labor practice charge with the State Panel of the Illinois Labor Relations Board (Board) in the above-captioned case, alleging that Respondent, State of Illinois, Department of Central Management Services (State), violated Section 10(a) of the Illinois Public Relations Act (Act), 5 ILCS 315 (2008), 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. 
 Agency ID:  Case No. S-CA-10-307 
 ISL ID:  000000047692   Original UID: 169747 
  Documents:  S-CA-10-307.pdf
 
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