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Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 December 
 Issuing Agency:   
 Description:  International Brotherhood of Teamsters, Local 73 -vs- Village of Elburn: On October 21, 2014, Administrative Law Judge Sarah R. Kerley, 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 16, 2014 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  12-18-2014 
 Agency ID:  Case No. S-RC-14-007 
 ISL ID:  000000053106   Original UID: 174358 FIRST WORD: Decisions 
202:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 October 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- Illinois Labor Relations Board, State Panel, Department of Central Management Service (Illinois Commerce Commission): This case involves the application of the managerial employee exception codified in section 3(n) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/3(n) (West 2010)). The Illinois Labor Relations Board (Board) certified the American Federation of State, County and Municipal Employees, Council 31 (AFSCME) as the sole bargaining representative for eight administrative law judges (ALJs), all of whom work at the Illinois Commerce Commission (Commission). The Department of Central Management Services (CMS) filed a petition in the appellate court seeking review of the Board's order certifying AFSCME as the exclusive representative of the eight ALJs. The appellate court reversed the Board's certification order and remanded the case to the Board of an evidentiary hearing to determine whether the subject ALJs III and IV are managerial employees. Department of Central Management Services/Illinois Commerce Commission v. Illinois Labor Relations Board, State Panel, 406 Ill. app. 3d 766 (4th Dist. 2010). On remand, the Board conducted a two-day evidentiary hearing and determined that the ALJs fell within the Act's definition for managerial employees. 5 ILCS 315/3(j) (West 2010). 
 Date Created:  10-24-2014 
 Agency ID:  IL App (1st) No. 1-12-3426; Case No. S-RC-10-034; Case No. S-RC-10-036 
 ISL ID:  000000053107   Original UID: 174359 FIRST WORD: Decisions 
203:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Baldemar Ugarte Avila -vs- American Federation of State, County and Municipal Employees, Council 31: On October 1, 2014, Charging Party, Baldemar Ugarte Avila, filed an unfair labor practice charge against his certified bargaining representative, the American Federation of State, County and Municipal Employees, Council 31 (Union), in which he alleged that the Union engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act), when in 2003 it settled a grievance advanced on Avila's behalf. 
 Date Created:  01-27-2015 
 Agency ID:  Case No. S-CB-15-004 
 ISL ID:  000000053108   Original UID: 174360 FIRST WORD: Decisions 
204:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Monica Barry -vs- American Federation of State, County and Municipal Employees, Council 31: On November 17, 2014, Executive Director Melissa Mlynski issued a Dismissal, dismissing a charge filed by Monica Barry (Charging Party) in Case No. S-CB-15-002. Barry alleged that her union, the American Federation of State, County and Municipal Employees, Council 31 (Respondent), violated Section 10(b)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b)(1) (2012) in that its failure to attain a medical accommodation for her constituted a failure to provide fair representation. 
 Date Created:  01-26-2015 
 Agency ID:  Case No. S-CB-15-002 
 ISL ID:  000000053109   Original UID: 174361 FIRST WORD: Decisions 
205:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 December 
 Issuing Agency:   
 Description:  City of Rockford -vs- Policemen's Benevolent and Protective Association: On October 21, 2014, the Illinois Labor Relations Board's Executive Director, Melissa Mlynski, dismissed the unfair labor practice charge filed by the City of Rockford (Charging Party) in the above-captioned case. The charge alleged that the Policemen's Benevolent and Protective Association (Respondent or Union) violated Sections 10(b)(1) and (2) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2012) when it filed a complaint with the City's Board of Fire and Police Commissioners alleging that the City's Chief of Police, Chester Epperson, violated various departmental rules. 
 Date Created:  12-22-2014 
 Agency ID:  Case No. S-CB-14-033 
 ISL ID:  000000053110   Original UID: 174362 FIRST WORD: Decisions 
206:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 February 
 Issuing Agency:   
 Description:  City of Springfield -vs- Policemen's Benevolent and Protective Association, Unit No. 5.: On November 26, 2014, Executive Director Melissa Mlynski dismissed a charge filed by the City of Springfield (Employer of Charging Party) on October 21, 2013, which alleged that the Policemen's Benevolent and Protective Association, Unit No. 5 (Respondent or Union) engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act), when it (1) negotiated a memorandum of understanding (MOU) modifying language in the parties' collective bargaining agreement addressing the City's obligation to expunge disciplinary records and when it (2) subsequently refused to renegotiate the agreement after the parties executed it. 
 Date Created:  02-13-2015 
 Agency ID:  Case No. S-CB-14-008 
 ISL ID:  000000053111   Original UID: 174363 FIRST WORD: Decisions 
207:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 November 
 Issuing Agency:   
 Description:  Tri-State Fire Protection District -vs- Tri-State Professional Firefighters Union, Local 3165, IAF: FOn March 14, 2014, Administrative Law Judge (ALJ) Martin Kehoe issued a Recommended Decision and Order (RDO), finding that Respondent Tri-State Professional Firefighters Union, Local 3165, IAFF, violated Section 10(b)(4) of the Illinois Public Labor Relations Act, 5 ILCS 315 (Act), when it (1) failed and refused to meet at resonable times and places with representatives of the Charging Party, Tri-State Fire Protection District, for the purpose of negotiating a successor collective bargaining agreement and (2) failed to appoint representatives with sufficient authority to negotiate a successor collective bargaining agreement in good faith. the ALJ found no violation of the Act with respect to Charging Party's allegation that Respondent had reneged on a grievance settlement agreement. 
 Date Created:  11-07-2014 
 Agency ID:  Case No. S-CB-13-033 
 ISL ID:  000000053171   Original UID: 174428 FIRST WORD: Decisions 
208:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Baldemar ugarte Avila -vs- Department of Central Management Services: On October 1, 2014, Charging Party, Baldemar Ugate Avila, filed an unfair labor practice charge against his employer the State of Illinois, Department of Central Management Service (Employer), in which he alleged that the Employer engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Labor Relations Act, 5 ILCS 315 (2012), (Act0, when in 2002 and 2003 it denied Avila's request for an employment accommodation. 
 Date Created:  01-27-2015 
 Agency ID:  Case No. S-CA-15-042 
 ISL ID:  000000053172   Original UID: 174429 FIRST WORD: Decisions 
209:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Byron Fire Protection District -vs- Byron Firefighters International Association of Firefighters, Local 4775: On November 13, 2014, Executive Director Melissa Mlynsky dismissed a charge filed by the Byron Firefighters International Association of Firefighters, Local 4775 (Union or Charging Party) on June 26, 2014, which alleged that the Byron Fire Protection District (Respondent) engaged in unfair labor practices within the meaning of Sections 10(a)(4) and (1) of the Illinois Public Labor Relations Art, 5 ILCS 315 (2012) (Act), when it unilaterally changed benefits bargaining for by the Union and thereby repudiated the parties' collective bargaining agreement. 
 Date Created:  01-27-2015 
 Agency ID:  Case No. S-CA-14-251 
 ISL ID:  000000053174   Original UID: 174431 FIRST WORD: Decisions 
210:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 February 
 Issuing Agency:   
 Description:  International Union of Operating Engineers, Local 150 -vs- County of Mercer and Sheriff of Mercer County: On December 11, 2014, Administrative Law Judge Sarah R. Kerley, 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 February 10, 2015 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  02-10-2015 
 Agency ID:  Case No. S-CA-14-150 
 ISL ID:  000000053175   Original UID: 174432 FIRST WORD: Decisions 
211:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 September 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- Department of Central Management Services: On May 27, 2014, American Federation of State, County and Municipal Employees, Council 31 (AFSCME or Charging Party) filed an unfair labor practice charge with the State Panel of the Illinois Labor Relations Board (Board), in Case No. S-CA-14-142, alleging that the State of Illinois, Department of Central Management Services (Employer or Respondent) violated Section 10(a) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2012), as amended. After an investigation conducted in accordance with Section 11 of the Act, I determined that the charge should be deferred until the parties have exhausted the contractual grievance procedure. 
 Date Created:  09-26-2014 
 Agency ID:  Case No. S-CA-14-142 
 ISL ID:  000000053177   Original UID: 174434 FIRST WORD: Decisions 
212:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 February 
 Issuing Agency:   
 Description:  International Union of Operating Engineers, Local 150 -vs- County of Mercer and Sheriff of Mercer County: On December 22, 2014 Administrative Law Judge Sarah R. Kerley, 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 February 10, 2015 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  02-10-2015 
 Agency ID:  Case No. S-CA-14-136 
 ISL ID:  000000053178   Original UID: 174435 FIRST WORD: Decisions 
213:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Chicago Regional Council of Carpenters, Local 790 -vs- Carroll County Circuit Court Clerk: On October 27, 2014 Administrative Law Judge Martin Kehoe, 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 January 13, 2015 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  01-13-2015 
 Agency ID:  Case No. S-CA-14-095 
 ISL ID:  000000053181   Original UID: 174438 FIRST WORD: Decisions 
214:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Wheaton Firefighters Union, Local 3706, IAFF -vs- City of Wheaton: On Auguest 15, 2014, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) in this case, recommending that the Board find that Respondent, City of Wheaton (Employer), did not violate Sections 10(a)(4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), when it submitted its health care and subcontracting proposals to an interest arbitrator -- proposals which Charging Party, Wheaton Firefighters Union, Local 3705, IAFF (Union), claims are merely premissive rather than mandatory subjects of bargaining. The ALJ found that the subcontracting proposal was a mandatory subject of bargaining, but that the health care proposal was indeed a permissive subject of bargaining. Nevertheless, she found that the submission of a permissive subject of bargaining to interest arbitration did not violate the Act. The ALJ further recommended that the Board deny a motion for sanctions filed by the Charging Party. 
 Date Created:  01-26-2015 
 Agency ID:  Case No. S-CA-14-067 
 ISL ID:  000000053183   Original UID: 174440 FIRST WORD: Decisions 
215:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 December 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- Chief Judge of the Circuit Court of Cook County: On July 1, 2014, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO), recommending that the Illinois Labor Relations Board, State Panel, dismiss the complaint in this case. Charging Party, American Federation of State, County and Municipal Employees, Council 31, had charged that Respondent, Chief Judge of the Circuit Court of Cook County violated Sections 10(a)(4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a)(1), (4) (2012), when he transferred Supervisory Probation Officer Alicia Ortiz from the Chicago Northwest Division into a vacant position in the Bridgeview courthouse near the beginning of the eight-month period that Charging Party and Repsondent were discussing a broader realignment of such positions throughout the county. 
 Date Created:  12-31-2014 
 Agency ID:  Case No. S-CA-13-175 
 ISL ID:  000000053184   Original UID: 174441 FIRST WORD: Decisions 
216:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 February 
 Issuing Agency:   
 Description:  Troopers Lodge #41, Fraternal Order of Police -vs-State of Illinois, Department of Central Management Services (State Police): On June 20, 2013, Troopers Lodge #41, Fraternal Order of Police (Charging Party) filed an unfair labor practice charge with the State Panel of the Illinois Labor Relations Board (Board), in Case No. S-CA-13-148, alleging that the State of Illinois, Department of Central Management Services (State Police) (Employer or Respondent) violated Section 10(a) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2012) as amended. After an investigation pursuant to Section 11 of the Act, on December 31, 2013, I ordered this matter deferred to arbitration, and that within 15 days after the completion of the arbitration process Charging Party may request that the Board reopen the case for the purpose of resolving any substantial issues. 
 Date Created:  01-13-2015 
 Agency ID:  Case No. S-CA-13-148 
 ISL ID:  000000053186   Original UID: 174443 FIRST WORD: Decisions 
217:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 December 
 Issuing Agency:   
 Description:  Tyron McCullough -vs- Harvey Park District: On July 16, 2014, Administrative Law Judge (ALJ) Deena Sanceda issued a Recommended Decision and Order (RDO), recommending that the Illinois Labor Relations Board, State Panel, order Respondent Harvey Park District to comply with orders previously issued by the Board in consolidated Case Nos.S-CA-12-197-C, S-CA-12-201-C and S-CA-12-211-C, modified only to provide for the accrual of additional back pay and interest accumulating since isuance of those orders. Respondent filed timely exceptions to the ALJ's RDO pursuant to Section 1200.135 of the Board's rules and regulations, 80 Ill. Admin. Code (sec) 1200.135, and Charging Party, Tyron McCullough, filed a response. After reviewing the exceptions, the response, and the record, we accept the ALJ's recommendation for the reasons articulated in the RDO, and order Respondent to comply with the Compliance Officer's order as modified to allow for additional back pay and interest accruing since the date that order was issued. 
 Date Created:  12-31-2014 
 Agency ID:  Case No. S-CA-12-197-C; Case No. S-CA-12-201-C ; Case No. S-CA-12-211-C 
 ISL ID:  000000053189   Original UID: 174448 FIRST WORD: Decisions 
218:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 November 
 Issuing Agency:   
 Description:  International Union of Operating Engineers, Local 399 -vs- Village of Stickney: On July 3, 2014, ALJ Michelle N. Owen issued a Recommended Decision and Order resolving a charge filed by the International Union of Operating Engineers, Local 399, (Union or Charging Party) against the Village of Stickney (Respondent of Village) alleging that the Village violated Sections 10(a)(2) and (1) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2012). The ALJ found that the Village violated Section 10(a)(1) of the Act when it asked employees to sign affidavits attesting to their level of support for the Union. However, she found that the Village did not violate Sections 10(a)(2) and (1) of the Act when it terminated maintenance workers Robert Wyant, Vince Baena, and Danny Cortez. 
 Date Created:  11-07-2014 
 Agency ID:  Case No. S-CA-12-121 
 ISL ID:  000000053191   Original UID: 174452 FIRST WORD: Decisions 
219:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 December 
 Issuing Agency:   
 Description:  Metropolitan Alliance of Police, DuPag Sheriff's Police, Chapter 126 -vs- County of DuPage, DuPage County Sheriff: On July 1, 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 the complaint in this case. Charging Party, Metropolitan Alliance of Police, DuPage Sheriff's Police, Chapter 126, had charged that Respondent, County of DuPage and DuPage County Sheriff violated Section 10(a)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a)(1) (2012), when they transferred Sergeant Willaims from the Law Enforcement Bureau to the afternoon shift at the courthouse in the Administrative Bureau, allegedly because of his active and visible support for charging Party's organizing efforts. 
 Date Created:  12-31-2014 
 Agency ID:  Case No. S-CA-12-085 
 ISL ID:  000000053192   Original UID: 174453 FIRST WORD: Decisions 
220:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 November 
 Issuing Agency:   
 Description:  Levita Jones -vs- American Federation of State, County and Municipal Employees, Council and Department of Central Management Services (Department of Human Services): On August 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 November 18, 2014 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  11-18-2014 
 Agency ID:  Case No. S-CA-12-038; Case No. S-CB-12-009 
 ISL ID:  000000053194   Original UID: 174455 FIRST WORD: Decisions 
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