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181:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 30, 2013, Administrative Law Judge Michelle Owen issued a Recommended Decision and Order finding that designations made on behalf of the Governor by the Illinois Department of Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated seven staff attorney positions at the Illinois Department of Employment Security, all pursuant to Section 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-De-14-066 
 ISL ID:  000000047971   Original UID: 170061 FIRST WORD: Decisions 
182:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 27, 2013, Administrative Law Judge Thomas R. Allen issued a Recommended Decision and Order finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS (2012), were properly made. CMS's petition designated six positions at the Illinois Department of Employment Security, all pursuant to Section 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-065 
 ISL ID:  000000047975   Original UID: 170065 FIRST WORD: Decisions 
183:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 26, 2013, Administrative Law Judge (ALJ) Heather Sidwell issued a Recommenede Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated one position at the Illinois Emergency Management Agency, a Public Service Administrator Option 1 position held by Gene Felchner with the working title of Training and Exercise Program Manager. The designation was made pursuant to Section 6.1(b)(5) of the Act. 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-063 
 ISL ID:  000000047976   Original UID: 170066 FIRST WORD: Decisions 
184:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 23, 2013, Administrative Law Judge (ALJ) Martin Kehoe issued a Recommended Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated two positions at the Illinois Emergency Management Agency, one with the working title of Strategic Planning, and the other with the title Manager, Electronic Products. Both were designated pursuant to Section 6.1(b)(5). Neither postion has been certified into a collective bargaining unit, and neither is included in pending petitions for representation. 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-061 
 ISL ID:  000000047977   Original UID: 170067 FIRST WORD: Decisions 
185:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 26, 2013, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated 16 staff attorney positions at the Illinois Department of Human Services, all pursuant to Section 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-058 
 ISL ID:  000000047978   Original UID: 170068 FIRST WORD: Decisions 
186:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 23, 2013, Administrative Law Judge (ALJ) Elaine Tarver issued a Recommended Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated 5 positions at the Illinois Department of Human Services, all with title of Public Service Administrator, and all designated pursuant to Section 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-057 
 ISL ID:  000000047979   Original UID: 170069 FIRST WORD: Decisions 
187:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 23, 2013, Administrative Law Judge (ALJ) Heather R. Sidwell issued a Recommended Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated 3 positions at the Illinois Department of Corrections, all with the title of Public Service Administrator and with the working title of Health Care Unit Administrator. All designations were made pursuant to Seciton 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-055 
 ISL ID:  000000047980   Original UID: 170070 FIRST WORD: Decisions 
188:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  On November 13, 2013, the County of Will (Petitioner) filed a Petition for Strike Investigation with the State Panel of the Illinois Labor Relations Board (Board), pursuant to Section 18 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), as amended (Act), and Section 1230.190 of the Board's Rules and Regulations, 80 Ill. Admin. Code Section 1200 through 1240 (Rules). The Petitioner claims that a strike threatened by the American Federation of State, County and Municipal Employees, Council 31, (Union), the exclusive representative of a bargaining unit composed of certain of the Petitioner's employees, constitutes a clear and present danger to the health and safety of the public. 
 Date Created:  11 19 2013 
 Agency ID:  Case No. S-SI-14-001 
 ISL ID:  000000047992   Original UID: 170081 FIRST WORD: Decisions 
189:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1 (2012) added by Public Act 97-1172 (eff. April 5, 2013), allows the Governor of the State of Illinois to designate certain public employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be granted under the Illinois Public Labor Relations Act. There are three broad categories of positions which may be so designed: 1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008, 20 positions which were the subject of a petition for such certification pending on April 5, 2013 (the effective date of Public Act 97-1172), or 3) positions which have already been certified to be in a collective bargaining unit. 
 Date Created:  10 17 2013 
 Agency ID:  Case No. S-DE-14-102 
 ISL ID:  000000047993   Original UID: 170082 FIRST WORD: Decisions 
190:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1 (2012) added by Public Act 97-1172 (eff. April 5, 2013), allows the Governor of the State of Illinois to designate certain public employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be granted under the Illinois Public Labor Relations Act. There are three broad categories of positions which may be so designated: 1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008, 2) positions which were the subject of a petition for such certification pending on April 5, 2013 (the effective date of Public Act 97-1172), or 3) positions which have never been certified to have been in a collective bargaining unit. Only 3,580 of such positions may be so designated, and, of those, only 1,900 positions which have already been certified to be in a collective bargaining unit may be designated. 
 Date Created:  10 10 2013 
 Agency ID:  Case No. S-DE-14-101 
 ISL ID:  000000047994   Original UID: 170083 FIRST WORD: Decisions 
191:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  As we more fully explained in our recent decision in State of Illinois Department of Central Management Services and American Federation of State, County and Municipal Employees, Council 31, Case Nos. S-De-14-005 etc., 30 PERI 80 (IL LRB-SP Oct 7, 2013), appeal pending, No. 1-13-3454 (Ill. App. Ct, 1st Dist.), Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), allows the Governor to designate certain employment positions with the State of Illinois as excluded from the collective bargaining rights which might otherwise be available to State employees under Section 6 of the Act. The above-captioned cases, consolidated for purposes of determination by the Illinois Labor Relations Board, State Panel, all involve such designations made by the Illinois Department of Central Management Services (CMS) on behalf of the Governor of the State of Illinois. 
 Date Created:  11 19 2013 
 Agency ID:  Case No. S-DE-14-101; Case No. S-DE-14-102;Case No. S-DE-14-103; Case No. S-DE-14-104; Case No. S-DE-14-105;Case No. S-DE-14-106;Case No. S-DE-14-110 
 ISL ID:  000000047995   Original UID: 170084 FIRST WORD: Decisions 
192:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 17, 2013, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act), were properly made. CMS's petition designated five attorney positions at the Illinois Department of Commerce and Economic Opportunity pursuant to Section 6.1(b)(5). No. individual employees filed objections pursuant to Section 1300.60 of the Rules and Regulations of the Illinois Labor Relations Board promulgated to implement Section 6.1, 80 Ill. Admin. Code Part 1300, but the American Federation of State, County and Municipal Employees, Council 31 (AFSCME) did, and upon the ALJ's issuance of her RDO, AFSCME also filed exceptions pursuant to Section 1300.130 of the Board's Rules. Although the ALJ ruled in its favor, CMS, too, filed exceptions. After reviewing these exceptions and the record, we accept the ALJ's recommendation for the reasons which follow. 
 Date Created:  10 20 2013 
 Agency ID:  Case No. S-DE-14-053 
 ISL ID:  000000047996   Original UID: 170085 FIRST WORD: Decisions 
193:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 27, 2013, Administrative Law Judge Deena Sanceda issued a Recommended Decision and Order finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated 11 positions at its own agency, four with the title of Public Service Administrator Option 1, and seven with the title of Public Service Administrator Option 2. All designations were made pursuant to Section 6.1(b)(5). 
 Date Created:  10 20 2013 
 Agency ID:  Case No. S-DE-14-051 
 ISL ID:  000000048005   Original UID: 170095 FIRST WORD: Decisions 
194:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 26, 2013, Administrative Law Judge Martin Kehoe issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel find that the Governor of the State of Illinois properly designated four employees classified as Public Service Administrator, Option 8L, and working as staff attorneys in the Department of Agriculture as exempt from collective bargaining pursuant to Section 6.1 of the Illinois Public Relations Act, 5 ILCS 315 (2012). 
 Date Created:  10 20 2013 
 Agency ID:  Case No. S-DE-14-050 
 ISL ID:  000000048006   Original UID: 170096 FIRST WORD: Decisions 
195:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  Public Act 97-1172 amended the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act), in a variety of ways, all with the effect of diminishing the number of employees of the State of Illinois in higher level positions with access to collective bargaining rights under Section 6 of the Act. Specifically at issue in this case is one method provided through the addition of Section 6.1. New Section6.1 authorizes the Governor to designate for exclusion from self-organization and collective bargaining rights up to 3,580 State employment positions within State agencies directly responsible to the Governor. 5 ILCS 315/6.1(a)(20122). These three consolidated cases present the issue whether that authority extends to positions within the Illinois Commerce Commission, the Illinois Workers' Compensation Commission, and the Illinois Pollution Control Board. It is undisputed that these three agencies are not, in fact, directly responsible to the Governor, and finding as we more fully explain below that the limiting phrase directly responsible to the Governor is unambiguous, we conclude that the Governor's authority under Section 6.1 does not extend to positions within these agencies. 
 Date Created:  10 15 2013 
 Agency ID:  Case No. S-DE-14-047; Case No. S-DE-14-083; Case No. S-DE-14-086 
 ISL ID:  000000048007   Original UID: 170097 FIRST WORD: Decisions 
196:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 September 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1 (2012) added by Public Act 97-1172 (eff. April 5, 2013), allows the Governor of the State of Illinois to designate certain public employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be granted under the Illinois Public Labor Relations Act. There are three broad categories of positions which may be so designated: 1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008, 2) positions which were the subject of a petition for such certification pending on April 5, 2013 (the effective date of Public Act 97-1172), or 3) positions which have never been certified to have been in a collective bargaining unit. Only 3,580 of such positions may be so designated by the Governor, and, of those, only 1,900 positions which have already been certified to be in a collective bargaining unit. 
 Date Created:  09 09 2013 
 Agency ID:  Case No. S-DE-14-047 
 ISL ID:  000000048008   Original UID: 170098 FIRST WORD: Decisions 
197:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 3, 2013, Administrative Law Judge Anna Humburg-Gal issued a Recommended Decision and Order finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1(2012), were properly made. The petition designated 44 positions at various State agencies with the title of either Private Secretary I or Private Secretary II. The Effect of the designation would be to preclude the occupants of such positions from collective bargaining rights that might otherwise be available pursuant to Section 6 of the Act. 
 Date Created:  10 15 2013 
 Agency ID:  Case No. S-DE-14-046 
 ISL ID:  000000048009   Original UID: 170099 FIRST WORD: Decisions 
198:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On July 25, 2013, Executive Director Melissa Mlynski dismissed the unfair labor practice charge filed by the Amalgamated Transit Union, Local 1028, (Charging Party) in the above-referenced case. The Charging Party alleged that Pace Suburban Bus (Respondent) engaged in an unfair labor practice within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), when it required its supervisors to advise employees that they could no longer use leave granted under the Family and Medical Leave Act provision in the parties' collective bargaining agreement as an excusable absence. 
 Date Created:  10 23 2013 
 Agency ID:  Case No. S-CA-13-193 
 ISL ID:  000000048010   Original UID: 170100 FIRST WORD: Decisions 
199:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On July 23, 2013, Executive Director Melissa Mlynski dismissed the unfair labor practice charge filed by the Metropolitan Alliance of Police, Chapter 351 (Charging Party) in the above-captioned case. The Charging Party alleged that the Village of Oak Lawn (Respondent) engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), when, shortly after the parties entered into a collective-bargaining agreement, Respondent informed Charging Party that it may have to outsource its telecommunication services, employees of which are represented by Charging Party. 
 Date Created:  10 23 2013 
 Agency ID:  Case No. S-CA-13-077 
 ISL ID:  000000048011   Original UID: 170101 FIRST WORD: Decisions 
200:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On July 1, 2013, Administrative Law Judge Anna Hamburg-Gal issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel (Board) find that the County of DuPage and the DuPage County Sheriff (Respondents) violated Section 10(a)(2) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act) by removing Deputy Sheriff Eric Koty from the DuPage County Sheriff's Special Operations Unit because he grieved Respondent's change of its overtime policy. 
 Date Created:  10 23 2013 
 Agency ID:  Case No. S-CA-12-177 
 ISL ID:  000000048012   Original UID: 170102 FIRST WORD: Decisions 
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