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381:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 April 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315/6.1 (2012) (Act) added by Public Act 97-1172 (effective 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 (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:  04-16-2014 
 Agency ID:  Case No. S-DE-14-249 
 ISL ID:  000000050720   Original UID: 171739 FIRST WORD: Decisions 
382:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 May 
 Issuing Agency:   
 Description:  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 collective bargaining rights which might otherwise be available under Section 6 of the Act. This case involves such a designation made on the Governors behalf by the Illinois Department of Central Management Services (CMS). On April 17, 2014, Administrative Law Judge (ALJ) Thomas R. Allen issued a Recommended Decision and Order (RDO) in this case, finding that the designation was properly made. 
 Date Created:  05-22-2014 
 Agency ID:  Case No. S-DE-14-245 
 ISL ID:  000000050723   Original UID: 171743 FIRST WORD: Decisions 
383:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 May 
 Issuing Agency:   
 Description:  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 collective bargaining rights which might otherwise be available under Section 6 of the Act. This case involves such designations made on the Governors behalf by the Illinois Department of Central Management Services (CMS). On April 10, 2014, Administrative Law Judge (ALJ) Michelle Owen issued a Recommended Decision and Order (RDO) in this case, finding that the designations were properly made. 
 Date Created:  05-22-2014 
 Agency ID:  Case No. S-DE-14-244 
 ISL ID:  000000050725   Original UID: 171746 FIRST WORD: Decisions 
384:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 May 
 Issuing Agency:   
 Description:  These consolidated appeals involve section 6(g) of the Illinois Public Labor Relations Act (5 ILCS 315/6(g)(West 2008)), which allows public employees who desire nonassociation with a labor union based upon bona fide religious tenets or teachings of a church or religious body of which such employees are members to pay an amount equal to their fair share dues to a nonreligous charity instead of to the union. The proper interpretation of section 6(g) of the Act presents an issue of first impression. 
 Date Created:  06-11-2014 
 Agency ID:  Case No. S-CA-10-092; Case No. S-CB-10-024 
 ISL ID:  000000051197   Original UID: 172019 FIRST WORD: Decisions 
385:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 May 
 Issuing Agency:   
 Description:  International Association of Machinists and Aerospace Workers, District 8 vs Department of Central Management Services (Department of Human Services): In June 2012, after receiving signature authority from approximately 70 state employees sharing the title of local office administrator within the Department of Human Services (Department), the International Association of Machinists and Aerospace Workers, District 8 (Association), filed a majority interest petition with the Illinois Labor Relations Board, State Panel (Board), requesting bargaining unit representation. In July 2012, the local office administrators' employer, the Department of Central Management Service (CMS), filed an opposition to the petition. On September 26, 2012, an administrative law judge (ALJ) issued a decision and order recommending the Board dismiss the Association's petition. In January 2013, the Board issued a written decision and order adopting the ALJ's recommendation and dismissing the Association's petition. 
 Date Created:  06-18-2014 
 Agency ID:  Case No. S-RC-12-109 
 ISL ID:  000000051252   Original UID: 172085 FIRST WORD: Decisions 
386:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 March 
 Issuing Agency:   
 Description:  Department of Central Management Services (Illinois Racing Board) vs American Federation of State, County and Municipal Employees, Council 31: 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 collective bargaining rights which might otherwise be available under Section 6 of the Act. This case involves such designations made on the Governor's behalf by the Illinois Department of Central Management Services (CMS) in a petition filed in Case No. S-DE-14-158. On January 31, 2014, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO), finding the designations comport with the requirements of Section 6.1. We agree with her assessment. 
 Date Created:  03-10-2014 
 Agency ID:  Case No. S-DE-14-158 
 ISL ID:  000000051253   Original UID: 172086 FIRST WORD: Decisions 
387:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 April 
 Issuing Agency:   
 Description:  Mary Levy vs Service Employees International Union, Local 73: On January 9, 2014, Mary Levy (Charging Party) filed a charge in Case No. S-CB-14-017 with the State Panel of the Illinois Labor Relations Board (Board), in which she alleged that the Respondent, Service Employees International Union, Local 73 (Union) engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), 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 following reasons. 
 Date Created:  04-21-2014 
 Agency ID:  Case No. S-CB-14-017 
 ISL ID:  000000051254   Original UID: 172087 FIRST WORD: Decisions 
388:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 June 
 Issuing Agency:   
 Description:  Steven Burrows vs Policemen's Benevolent and Protective Association: On April 28, 2014, Executive Director Melissa Mlynski dismissed a charge filed by Charging Party Steven Burrows alleging that Respondent Policemen's Benevolent and Protective Association violated Section 10(b) of the Illinois Public Labor Relations, 5 ILCS 315 (2012)(Act), by actions it took in relation to Burrows's discharge from employment. The Executive Director dismissed the charge after finding it had been filed outside the six-month limitation period established in Section 11(a) of the Act. Pursuant to Section 1200.135(a) of the Board's Rules and Regulations, 80 Ill. Adm. Code [sec.]1200.135(a), the Charging Party filed a timely appeal of the dismissal. For the reasons that follow, we affirm the Executive Director's dismissal. 
 Date Created:  06-18-2014 
 Agency ID:  Case No. S-CB-14-014 
 ISL ID:  000000051255   Original UID: 172088 FIRST WORD: Decisions 
389:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 June 
 Issuing Agency:   
 Description:  John Blomenkamp vs Policemen's Benevolent and Protective Association: On April 28, 2014, Executive Director Melissa Mlynski dismissed a charge filed by Charging Party John Blomenkamp alleging that Respondent Policemen's Benevolent and Protective Association violated Section 10(b) of the Illinois Public Labor Relations, 5 ILCS 315 (2012)(Act), by actions it took in relation to Blomenkamp's discharge from employment. The Executive Director dismissed the charge after finding it had been filed outside the six-month limitation period established in Section 11(a) of the Act. Pursuant to Section 1200.135(a) of the Board's Rules and Regulations, 80 Ill. Adm. Code [sec.]1200.135(a), the Charging Party filed a timely appeal of the dismissal. For the reasons that follow, we affirm the Executive Director's dismissal. 
 Date Created:  06-18-2014 
 Agency ID:  Case No. S-CB-14-012 
 ISL ID:  000000051256   Original UID: 172089 FIRST WORD: Decisions 
390:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 June 
 Issuing Agency:   
 Description:  Mary Levy vs Service Employees International Union, Local 73: On June 13, 2013, Executive Director Melissa Mlynski dismissed the charge in Case No. S-CB-13-041, filed by Mary Levy (Charging Party or Levy) on April 16, 2013 against Service Employees International Union, Local 73 (Respondent or SEIU or Union). On April 21, 2014, the Executive Director dismissed the charge in Case No. s-CB-14-017, filed by Levy on January 9, 2014 against SEIU. Both charges allege that SEIU engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act(Act), 5 ILCS 315 (2012). The first charge alleges that SEIU and its agents engaged in a campaign to force Levy to quit her position so that they could choose her replacement. In her charge, Levy references the Union's grievance on behalf of the incumbent employee, which the Union alleged used to try and achieve that end. The second charge alleges the same. More specifically, it alleges that SEIU did not fairly represent Levy's interests with respect to the hostile work environment or with respect to the dispute concerning the Village of Maywood's (Employer's or Village's) dicision to hire her into the Collections Specialist position. These charges encompass the Union's decision to file a grievance adverse to Levy's interests and its alleged refusals to file grievances in support of Levy's interests. Levy asserts that the basis for the Union's discriminatory conduct is her age (59) and her sex. 
 Date Created:  06-18-2014 
 Agency ID:  Case No. S-CB-13-041; Case No. S-CB-14-017 
 ISL ID:  000000051266   Original UID: 172098 FIRST WORD: Decisions 
391:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 June 
 Issuing Agency:   
 Description:  Service Employees International Union, Local vs Secretary of State: On January 13, 2014, Administrative Law Judge (ALJ) Michelle N. Owen issued a Recommended Decision and Order (RDO) recommending that the Illinois Labor Relations Board, State Panel, dismiss a charge filed by Service Employees International Union, Local 73, (SEIU, Union or Charging Party) against the State of Illinois, Secretary of State (Respondent or Employer). The charge alleged that the Respondent violated Sections 10(a)(2) and (1) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2012), when it issued Kristy Elmore an oral warning to disqualify her from a promotion to Driver Facility Manager in retaliation for her active and visible support for the Union. The ALJ amended the complaint to include an allegation that the Respondent also violated Section 10(a)(3) of the Act by that same conduct. 
 Date Created:  06-12-2014 
 Agency ID:  Case No. S-CA-11-126 
 ISL ID:  000000051269   Original UID: 172101 FIRST WORD: Decisions 
392:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 July 
 Issuing Agency:   
 Description:  County of Will and Will County State;s Attorney -vs- American Federation of State, County and Municipal Employees Council 31: On April 11, 2014, Administrative Law Judge Anna Hamburg-Gal issued a Recommended Decision and Order in which she determined that the unit clarification petition filed by the County of Will and the Will County State's Attorney (Petitioners) was appropriate and should be granted. Applying Office of the Cook Cnty. State's Attorney v. Ill. Local Labor Rel. Bd., 166 Ill. 2d 296 (1995), she determined that the Will County Assistant State's Attorneys employed by the Petitioners and certified into a collective bargaining unit in our prior Case No. S-VR-93-001, were not public employees within the meaning of Section 3(n) of the Public Labor Relations Act, 5 ILCS 315/3(n)(2012), and therefore should be excluded from any existing bargaining unit. 
 Date Created:  07-28-2014 
 Agency ID:  Case No. S-UC-14-013 
 ISL ID:  000000051551   Original UID: 172513 FIRST WORD: Decisions 
393:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 June 
 Issuing Agency:   
 Description:  Service Employees International Union, Local 73 -vs- County of McHenry and McHenry County Recorder of Deeds: On March 6, 2014, Administrative Law Judge (ALJ) Deena Sanceda issued a Recommended Decision and Order (RDO), recommending that the Illinois Labor Relations Board, State Panel, dismiss a petition filed by Service Employees International Union, Local 73, (Union or Petitioner) seeking to represent the titles Recording Specialist, Part-time Recording Specialist, and Record/Office Clerk employed by the County of McHenry and Recorder of Deeds of McHenry County (jointly, Employer). The ALJ found that the proposed unit was inappropriate because it failed to include the position of Accounting Coordinator in the Accounting Department and Personal Computer Specialist in the Computer Technology Department. The Union filed timely exceptions pursuant to Section 1200.135(b) of the Board's Rules and Regulations, 80 Ill. Admin. Code [sec]1200.135(b), and the Employer filed a response. For the reasons that follow, we dismiss the petition. 
 Date Created:  06-20-2014 
 Agency ID:  Case No. S-RC-14-001 
 ISL ID:  000000051552   Original UID: 172514 FIRST WORD: Decisions 
394:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 June 
 Issuing Agency:   
 Description:  Larreese Bennett -vs- American Federation of State, County and Municipal Employees, Council 31: On March 26, 2014, Executive Director Melissa Mlynski issued a dismissal of an unfair labor practice charge filed by Charging Party, Larreese Bennett, against Respondent, the American Federation of State, County and Municipal Employees, Council 31. The Charege, filed on Janurary 29, 2014, alleged that Respondent violated Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act), by withdrawing a grievance concerning Charging Party's discharge in lieu of a negotiation voluntary resignation. 
 Date Created:  06-20-2014 
 Agency ID:  Case No. S-CB-14-010 
 ISL ID:  000000051553   Original UID: 172515 FIRST WORD: Decisions 
395:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 June 
 Issuing Agency:   
 Description:  Lori Crafton -vs- Department of Central Management Services (Corections): On March 17, 2014, Executive Director Melissa Mlynski issued a dismissal of an unfair labor practice charge filed by Charging Party, Lori Crafton, against Respondent, the State of Illinois, Department of Central Management Services (Department of Correction). The charge, filed on December 2, 2013, alleged that Respondent violated Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a)(2012)(Act), by a course of conduct beginning with issuance of a three-day suspension of Charging Party in September 2012 and ending about July 12, 2013, with the denial of Charging Party's grievance regarding that suspension filed pursuant to Respondent's personnel rules. 
 Date Created:  06-20-2014 
 Agency ID:  Case No. S-CA-14-076 
 ISL ID:  000000051554   Original UID: 172516 FIRST WORD: Decisions 
396:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 July 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- State of Illinois Treasurer: On April 10, 2014, Executive Director Melissa Mlynski issued a Dismissal of an unfair labor practice charge filed by the American Federation of State, County and Municipal Employees, Council 31 (Charging Party) alleging violations of the Illinois Public Labor Relations Act, 5 ILCS 315(2012), by the State of Illinois Treasurer (Respondent). Charging Party filed a timely appeal of that Dismissal pursuant to Section 1200.135 of the Board's Rules and Regulations, 80 Ill. Admin. Code [sec.]1200.135, and Respondent filed a timely response. 
 Date Created:  07-28-2014 
 Agency ID:  Case No. S-CA-14-064 
 ISL ID:  000000051555   Original UID: 172517 FIRST WORD: Decisions 
397:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 July 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- City of Rock Island: On April 30, 2014, Administrative Law Judge Michelle N. Owen, 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 8, 2014 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  07-08-2014 
 Agency ID:  Case No. S-CA-08-039; Case No. S-CA-08-045; Case No. S-CA-08-069;Case No. S-CA-08-245 
 ISL ID:  000000051556   Original UID: 172518 FIRST WORD: Decisions 
398:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 June 
 Issuing Agency:   
 Description:  Laborers' International Union of North American, Local 477 -vs- Village of Southern View: On April 19, 2012, Administrative Law Judge Michelle Owen, 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 12, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  06-15-2012 
 Agency ID:  Case No. S-UC-12-036 
 ISL ID:  000000051564   Original UID: 172529 FIRST WORD: Decisions 
399:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 August 
 Issuing Agency:   
 Description:  Illinois Council of Police -vs- Village of Lyons: On May 12, 2014 Administrative Law Judge Anna Hamburg-Gal, 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 August 12, 2014 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  08-13-2014 
 Agency ID:  Case No. S-CA-12-145-C 
 ISL ID:  000000051625   Original UID: 172591 FIRST WORD: Decisions 
400:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 August 
 Issuing Agency:   
 Description:  Sheena L. McMurray and Annnie Maliongas -vs- Department of Central Management Services (Department of Human Services): On June 5, 2014 Administrative Law Judge Michelle N. Owen, 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 August 12, 2014 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  08-13-2014 
 Agency ID:  Case No. S-CA-12-008; Case No. S-CA-12-010 
 ISL ID:  000000051626   Original UID: 172592 FIRST WORD: Decisions 
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