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Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 August 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On April 28, 2011, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that employees in the job title of Public Service Administrator, Option 8L employed by the State of Illinois Department of Central Management Services (Employer) working at the Illinois Pollution Control Board (PCB), should be added to the existing RC-10 bargaining unit represented by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). she rejected the Employer's contentions that these employees were precluded from organizing under the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), because they were managerial of confidential employees within the meaning of Section 3(j) and 3(c) of the Act, or because they were excluded from certain protections of the Personnel Code, 20 ILCS 415 (2010), as amended. 
 Agency ID:  Case No. S-RC-10-196 
 ISL ID:  000000047589   Original UID: 169610 
  Documents:  S-RC-10-196boarddecision.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 January 3, 2011, Administrative Law Judge (ALJ) Joseph F. Tansino, on behalf of the State Panel of the Illinois Labor Relations Board, issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that employees of the State of Illinois, Department of Central Management Services (Employer) employed at the Illinois Department of Transportation in the job classifications of Engineering Technician IV (ET-IV), Engineering Technician V (ET-V), and Technical Manager VI (TM-VI), are not supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act (Act, 5 ILCS 315 (2010), as amended. For this reason, the ALJ recommended that the Board grant the majority interest petition for representation of these employees filed by the International Union of Operating Engineers, Local 150 (Petitioner). 
 Agency ID:  Case No. S-RC-10-194 
 ISL ID:  000000047590   Original UID: 169611 
  Documents:  S-RC-10-194.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 December 30, 2010, Administrative Law Judge (ALJ) John Clifford, on behalf of the State Panel of the Illinois Labor Relations Board, issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that two employees, Ludovice Barber and Judy Bailey, employed by the State of Illinois, Department of Central Management Services (Employer) at the Department of Human Services (DHS) in the job title of Public Services Administrator, Option 85, are public employees and not supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act. 5 ILCS 315/3(r) (2008). He further recommended that the positions be added to the existing RC-63 bargaining unit represented by the Petitioner, American Federation of State, County and Municipal Employees, Council 31 (AFSCME). 
 Agency ID:  Case No. S-RC-10-176 
 ISL ID:  000000047592   Original UID: 169613 
  Documents:  S-RC-10-176.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 December 22, 2010, Administrative Law Judge (ALJ) Elaine L. Tarver issued a Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, find that an employee of the State of Illinois, Department of Central Management Services (Employer), holding the position title of Public Service Administrator, Option 8L., at the Illinois Department of Human Services (DHS) was not a supervisor within the meaning of Section 3(r) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2010), as amended, and that his position should be added to the existing RC-10 collective bargaining unit represented by the Petitioner, American Federation of State, County and Municipal Employees Council 31 (AFSCME). ALJ Tarver's RDO followed an Intermediate Order issued in the same case on June 9, 2010, by ALJ Colleen Harvey, in which ALJ Harvey recommended that the Board find that approximately nine other employees at DHS with the same position title were neither managerial employees within the meaning of Section 3(j) of the Act, nor confidential employees within the meaning of Section 3(c) of the Act, and that they should similarly be added to the RC-10 bargaining unit. 
 Agency ID:  Case No. S-RC-10-162 
 ISL ID:  000000047593   Original UID: 169614 
  Documents:  S-RC-10-162Boarddecision.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 December 9, 2010, Administrative Law Judge (ALJ) Joseph F. Tansino issued a Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, find appropriate a collection bargaining unit consisting solely of Home Health Nurses and Certified Nurses' Aides employed by the County of McHenry and McHenry County Health Department (Joint Employer) and that the Board certify the International Brotherhood of Teamsters, Local 700 (Petitioner) as the representative of that unit pursuant to the majority interest provisions of Section 9(a-5) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2010), as amended. The ALJ found no issue of fact or law warranting a hearing on the appropriateness of the proposed unit. 
 Agency ID:  Case No. S-RC-10-133 
 ISL ID:  000000047594   Original UID: 169615 
  Documents:  S-RC-10-133boarddecision.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 October 21, 2010, Administrative Law Judge (ALJ) Elaine Tarver issued a Corrected Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Board find four petitioned-for employees who work for the State of Illinois, Department of Central Management Services (Employer) were public employees within the meaning of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2008) as amended, and should be included in a stand-alone bargaining unit (unit) represented by the Illinois State Employees Association, Laborers International Union, Local 2002 (Petitioner). In accordance with Section 1200.135 of the Board's Rules and Regulations, 80 Ill. Admin. Code Parts 1200 through 1240, the Employer filed timely exceptions to the ALJ's recommendation. After reviewing the record, briefs and exceptions, we reject the ALJ's determination that William Jarvis is not a confidential employee within the meaning of the Act, and find instead that he should be excluded from the petitioned-for bargaining unit. 
 Agency ID:  Case No. S-RC-10-122 
 ISL ID:  000000047595   Original UID: 169616 
  Documents:  S-RC-10-122BoardDecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 August 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  On March 17, 2011, Administrative Law Judge (ALJ) Elaine L. Tarver issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that Nikki Patterson, and employee of the State of Illinois, Department of Central Management Services (Employer) working at the Capital Development Board (CDB), in the job title of administrator and functioning as its legislative liaison, should be excluded from the RC-62 bargaining unit represented be the American Federation of State, County and Municipal Employees, Council 31(Petitioner) because she was a confidential employee within the meaning of Section 3(c) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act). The ALJ rejected the Employer's alternative rationales that Patterson should also be excluded from the bargaining unit because she was a managerial employee within the meaning of Section 3(j) of the Act of because she was exempt from the requirements arising from Rutan v. Republic Party of Illinois, 497 U.S. 62 (1990). 
 Agency ID:  Case No. S-RC-10-112 
 ISL ID:  000000047596   Original UID: 169617 
  Documents:  S-RC-10-112boarddecision.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 October 1, 2010, Administrative Law Judge Joseph Tansino issued a Recommended Decision and Order in the above-captioned case recommending that the Illinois Labor Relations Board, State Panel, certify the Illinois Fraternal Order of Police Labor Council (Petitioner) as the exclusive representative of a unit of sworn police officers in the rank of sergeant employed by the Village of Richton Park Police Department (Employer). In his Recommended Decision and Order, the Administrative Law judge fund that the petitioned-for employees were not supervisors within the meaning of the Illinois Public Labor Relations Act, 5 ILCS 315 (2008) as amended, because they lacked authority to effectively recommend discipline with independent judgment. 
 Agency ID:  Case No. S-RC-10-055; No. 1-11-0289 
 ISL ID:  000000047597   Original UID: 169619 
  Documents:  S-RC-10-05532.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 October 28, 2011, Administrative Law Judge (ALJ) Michelle N. Owen issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that Erin Davis, a Public Service Administrator, Option 8L., employed by the State of Illinois, Department of Central Management Services (Employer), was a confidential employee within the meaning of Section 3(c) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), and consequently that her position should not be added to the previously recognized RC-10 bargaining unit as sought by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). 
 Agency ID:  Case No. S-RC-10-052; No. 4-10-0729 
 ISL ID:  000000047598   Original UID: 169623 
  Documents:  S-RC-10-052-02.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2010 December 
 Issuing Agency:  Illinois Labor Relations Board 0000
 Description:  Justin Appleton delivered the opinion of the court:The Illinois Department of Central Management Services (CMS) 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 one Administrative Law Judge IV (ILRB case No. S-RC-10-034) and seven Administrative Law Judge IIIs (ILRB case No. S-RC-10-036) (the ALJs) all of whom work at the Illinois Commerce Commission (Commission). CMS complains that the Board reached a decision solely on the basis of written submissions, without giving CMS an opportunity for an oral hearing, including the examination of witnesses. 
 Agency ID:  Case No. S-RC-10-034; Case No. S-RC-10-036 ; No. 4-09-0792 
 ISL ID:  000000047599   Original UID: 169625 
  Documents:  S-RC-10-034S-RC-10-036mandate.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 January 20, 2010, Administrative Law Judge Martin Kehoe issued a Recommended Decision and Order in the above-captioned case, finding that all full-time, sworn peace officers in the rank of sergeant employed by the Village of Roselle (Employer) were supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315/3(r) (2008), and ordering that the petition 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 Metropolitan Alliance of Police, Roselle Sergeants Chapter #259 (Petitioner) filed timely exceptions to the Recommended Decision and Order, and the Employer filed a response. After reviewing the record exceptions, and response, we hereby uphold the Recommended Decision and Order for the reasons set forth by the Administrative Law Judge. 
 Agency ID:  Case No. S-RC-10-023 
 ISL ID:  000000047600   Original UID: 169627 
  Documents:  S-RC-10-023.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 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. 
 Agency ID:  Case No. S-RC-09-202 
 ISL ID:  000000047644   Original UID: 169681 
  Documents:  S-RC-09-202boarddecision.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 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. 
 Agency ID:  Case No. S-RC-09-188 
 ISL ID:  000000047645   Original UID: 169682 
  Documents:  S-RC-09-188BoardDecision.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 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. 
 Agency ID:  Case No. S-RC-09-184; No. 1-11-1691 
 ISL ID:  000000047646   Original UID: 169684 
  Documents:  S-RC-09-184Courtdecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 December 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-RC-09-182 
 ISL ID:  000000047649   Original UID: 169700 
  Documents:  S-RC-09-182.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 April 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-RC-09-180 
 ISL ID:  000000047650   Original UID: 169701 
  Documents:  S-RC-09-180.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 October 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-RC-09-145 ; No. 1-11-0144 
 ISL ID:  000000047651   Original UID: 169702 
  Documents:  S-RC-09-145AppellateCourtDecision.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 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. 
 Agency ID:  Case No. S-RC-09-139 
 ISL ID:  000000047652   Original UID: 169703 
  Documents:  S-RC-09-139boarddecision.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2010 December 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-RC-09-136; No. 4-09-0722 
 ISL ID:  000000047653   Original UID: 169704 
  Documents:  S-RC-09-136mandate.pdf
 
 

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2010 December 
 Issuing Agency:  Illinois Labor Relations Board 0000
 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. 
 Agency ID:  Case No. S-RC-09-132 ; No. 4-09-0721 
 ISL ID:  000000047654   Original UID: 169705 
  Documents:  S-RC-09-132AppellateCourtDecision.pdf
 
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