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341:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Edward Brewer -vs- Painters District Council #4: On July 27, 2015, Executive Director Melissa Mlynski dismissed a charge filed by Charging Party Edward Brewer (Charging Party or Brewer) in the above-captioned case. In his charge, the Charging Party alleged Respondent Painters District Council #14 violated Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b) (2014), in connection with his loss of certain seniority rights. 
 Date Created:  01-29-2016 
 Agency ID:  Case No. L-CB-15-038 
 ISL ID:  000000057820   Original UID: 178913 FIRST WORD: Opinions 
342:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Kenneth Sawyer -vs- City of Chicago (Streets and Sanitation): On October 27, 2015, Executive Director Melissa Mlynski dismissed a charge filed by Charging Party Kenneth Sawyer (Charging Party) in the above-captioned case. In his charge the Charging Party alleged Respondent City of Chicago, Department of Streets and Sanitation (Respondent) violated Section 10(a) of the Illinois Public Relations Act, 5 ILCS 315/10(a) (2014). The Executive Director dismissed the charge finding the Charging Party had failed to raise an issue of fact or law warranting a hearing. In a document dated November 10, 2015, and notarized November 11, 2015, the Charging Party appealed the Dismissal. The Respondent filed a response. 
 Date Created:  01-22-2016 
 Agency ID:  Case No. L-CA-16-018 
 ISL ID:  000000057821   Original UID: 178914 FIRST WORD: Opinions 
343:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Debra Larkins -vs- Chicago Transit Authority: On September 29, 2015, Executive Director Melissa Mlynski dismissed a charge filed by Charging Party Debra Larkins (Charging Party) in the above-captioned case. In her charge the Charging Party alleged Respondent Chicago Transit Authority violated Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2014) as amended, when it failed to reinstate her and failed to arbitrate her grievance. 
 Date Created:  01-29-2016 
 Agency ID:  Case No. L-CA-16-006 
 ISL ID:  000000057822   Original UID: 178915 FIRST WORD: Opinions 
344:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Kenneth Sawyer -vs- City of Chicago (Streets and Sanitation): On October 27, 2015, Executive Director Melissa Mlynski dismissed a change filed by Charging Party Kenneth Sawyer (Charging Party) in the above-captioned case. In his charge, the Charging Party alleged Respondent City of Chicago, Department of Streets and Sanitation (Respondent) violated Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2014). The Executive Director dismissed the charge finding the Charging Party had failed to raise an issue of fact or law warranting a hearing. In a document dated November 10, 2015, and notarized November 11, 2015, the Charging Party appealed the Dismissal. The Respondent filed a response. 
 Date Created:  01-22-2016 
 Agency ID:  Case No. L-CA-16-005 
 ISL ID:  000000057823   Original UID: 178916 FIRST WORD: Opinions 
345:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Kenneth Sawyer -vs- City of Chicago (Streets and Sanitation): On July 29, 2015, Executive Director Melissa Mlynski dismissed a charge filed by Charging Party Kenneth Sawyer (Charging Party) in the above-captioned case. In his charge, the Charging Party alleged Respondent City of Chicago violated Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2014), when it failed to give him a particular assignment in retaliation for filing a grievance. 
 Date Created:  01-29-2016 
 Agency ID:  Case No. L-CA-15-046 
 ISL ID:  000000057824   Original UID: 178917 FIRST WORD: Opinions 
346:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Amalgamated Transit Union, Local 241 -vs- Chicago Transit Authority: On July 1, 2015, Administrative Law Judge Anna Hamburg-Gal (ALJ) issued a Recommended Decision and Order (RDO) dismissing the complaint in the above-captioned case. In the complaint, Charging Party Amalgamated Transit Union, Local 241 (Charging Party or Union) alleged Respondent Chicago Transit Authority (Respondent of CTA) violated Section 10(a)(4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2014) as amended, when it outsourced its fare collection system, implemented the Ventra Card, and subsequently eliminated several bargaining unit positions. The Union filed timely exceptions pursuant to Section 1200.135(b) of the Board's Rules and Regulations, 80 Ill. Adm. Code [sec.] 1200.135(b), and the CTA filed a timely response. After reviewing the exceptions, the response, and the record, we adopt the ALJ's recommendation as modified below. 
 Date Created:  03-11-2016 
 Agency ID:  Case No. L-CA-14-022 
 ISL ID:  000000057825   Original UID: 178918 FIRST WORD: Opinions 
347:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 April 
 Issuing Agency:   
 Description:  Secretary of State -vs- Service Employees International Union, Local 73, CTW/CLC: On December 30, 2015, Administrative Law Judge Sarah R. Kerley (ALJ) issued a Recommended Decision and Order in the above-captioned case finding that Executive I and IIs and Drivers Facility Managers I and IIs employed by the Illinois Secretary of State are not public employees under Section 3(n) of the Illinois Public Labor Relations Act, 5 ILCS 315 (214), as amended. The ALJ further recommended that Service Employees International Union, Local 73's petition in case S-UC-120934 seeking inclusion of Executive I and IIs be dismissed, and the Secretary of State's petition in case S-UC-14-006 seeking exclusion of Executive I and IIs and Drivers Facility Managers I and IIs be granted. Thereafter, in accordance with Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Parts 1200 and 1240, the parties filed timely exceptions and cross-exceptions to the Recommended Decision and Order, followed by timely responses, after which we heard oral argument by the parties. After reviewing the record, exceptions and responses, and considering the oral argument, we hereby uphold the Recommended Decision and Order for the reasons set forth by the Administrative Law Judge. 
 Date Created:  05-03-2016 
 Agency ID:  Case No. S-UC-14-006; Case No. S-UC-12-034 
 ISL ID:  000000058186   Original UID: 179301 FIRST WORD: Decisions 
348:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 May 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- Department of Central Management Services: On February 3, 2016, Administrative Law Judge Sarah R. Kerley issued a Recommended Decision and Order in the above-captioned case finding that the Respondent, State of Illinois, Department of Central Management Services, did not fail to bargain in good faith with the Charging Party, American Federation of State, County and Municipal Employees, Council 31, by making a unilateral change to the status quo pending negotiations on a successor agreement, in violation of Section 10(a)(4) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014), as amended. 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 Charging Party filed timely exceptions to the Recommended Decision and Order, followed by Respondent's timely responses and cross-exceptions, and Charging Party's cross-responses. After reviewing the record, exceptions, cross-exceptions and responses, we hereby affirm the Recommended Decision and Order, as written, for the reasons set forth by the Administrative Law Judge. 
 Date Created:  05-26-2016 
 Agency ID:  Case No. S-CA-16-006 
 ISL ID:  000000058187   Original UID: 179302 FIRST WORD: Decisions 
349:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Water Pipe Extension, Bureau of Engineering Laborers, Local 1029 -vs- City of Chicago, Department of Water Management: On February 4, 2016, Administrative Law Judge Kelly Coyle issued a Recommended Decision and Order in the above-captioned case finding that the Chief Dispatcher employed by the City of Chicago, Department of Water Management is not a supervisor within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014), as amended, and recommending that the Chief Dispatcher be included in the petitioned-for bargaining unit. 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 Employer filed timely exceptions to the Recommended Decision and Order, followed by Petitioner's timely responses. After reviewing the record, exceptions and responses, we hereby affirm the Recommended Decision and Order for the reasons set forth by the Administrative Law Judge. 
 Date Created:  05-03-2016 
 Agency ID:  Case No. L-RC-15-009 
 ISL ID:  000000058194   Original UID: 179311 FIRST WORD: Opinions 
350:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Kenneth Sawyer -vs- International Brotherhood of Teamsters, Local 700: On February 29, 2016, Executive Director Melissa Mlynski dismissed a charge filed by Kenneth Sawyer (Charging Party) on December 14, 2015, which alleged that International Brotherhood of Teamsters, Local 700 engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b) (2014) as amended, in connection with a disciplinary matter initiated by Charging Party's Employer, City of Chicago, Department of Streets and Sanitation. 
 Date Created:  05-20-2016 
 Agency ID:  Case No. L-CB-16-028 
 ISL ID:  000000058196   Original UID: 179313 FIRST WORD: Opinions 
351:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Olivia Cruse -vs- Amalgamated Transit Union, Local 308: On February 29, 2016, Executive Director Melissa Mlynski dismissed a charge filed by Olivia Cruse (Charging Party) in the above-captioned case. In her charge, the Charging Party alleged that Respondent Amalgamated Transit Union, Local 308 (Respondent of Union) violated Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2014). The Executive Director dismissed the charge finding the Charging Party had failed to raise an issue of fact or law warranting a hearing because Charging Party failed to respond to a written request by a Board agent to provide further information in support of her charge. On March 7, 2016, within the prescribed time for filing an appeal of the Executive Director's Dismissal Order, Charging Party filed her appeal challenging the Dismissal on the basis that the underlying request from the Board agent had been directed to the wrong apartment number at the building where she resides. Charging Party did not include a certification of service indicating that she had served the appeal on Respondent, as required by Board Rules 1200.135 and 1200.20. 
 Date Created:  05-03-2016 
 Agency ID:  Case No. L-CB-16-021 
 ISL ID:  000000058197   Original UID: 179314 FIRST WORD: Opinions 
352:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Kenneth Sawyer -vs- City of Chicago (Streets and Sanitation): On February 29, 2016, Executive Director Melissa Mlynski dismissed a charge filed by Kenneth Sawyer on December 14, 2015, which alleged that the City of Chicago (Street and Sanitation) engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2014) as amended, when it allegedly disciplined Sawyer based on a supervisor's false accusations. 
 Date Created:  05-20-2016 
 Agency ID:  Case No. L-CA-16-044 
 ISL ID:  000000058198   Original UID: 179315 FIRST WORD: Opinions 
353:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Pamela Mercer-vs- Illinois Labor Relations Board, Local Board, Thomas J. Dart Sheriff of Cook County; County of Cook: The order of the Illinois Labor Relations Board is affirmed where the petitioner failed to establish a prima facie case that the Sheriff of Cook County committed unfair labor practices under sections 10(a)(1) and 10(a)(3) of the Illinois Public Labor Relations Act(5 ILCS 315/10(a)(1), (a)(3) (West 2012)). 
 Date Created:  05-09-2016 
 Agency ID:  Case No. L-CA-13-009; Case No. L-CA-13-063; IL App. Case No. 1-15-1258 
 ISL ID:  000000058199   Original UID: 179316 FIRST WORD: Opinions 
354:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 June 
 Issuing Agency:   
 Description:  Village of Skokie -vs- Skokie Firefighters Local 3033, IAFF: On May 12, 2016, the Village of Skokie (Employer) and the Skokie Firefighters Local 3033, IAFF jointly filed a Petition for Declaratory Ruling pursuant to Section 1200.143 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. code Parts 1200 through 1240. They request a determination as to whether the Employer's proposal to maintain the status quo of the Entire Agreement clause, set forth in Article XXIII of the parties' expired Collective Bargaining Agreement, is a permissive or mandatory subject of bargaining within the meaning of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014). Both parties filed briefs. 
 Date Created:  06-21-2016 
 Agency ID:  Case No. S-DR-16-006 
 ISL ID:  000000058325   Original UID: 179479 FIRST WORD: Decisions 
355:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 June 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- City of East Moline: On February 3, 2016, Administrative Law Judge Sarah R. Kerley (ALJ) issued a Recommended Decision and Order in the above-captioned case finding that the Respondent, City of East Moline, failed to bargain in good faith with the Charging Party, American Federation of State, County and Municipal Employees, Council 31 (AFSCME), when it decided to subcontract solid waste collection work performed by bargaining unit members, and entered into am agreement with a private company to perform that work without first bargaining to agreement or impasse, in violation of Section 10(a)(4) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014), as amended. 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 1300, the Respondent filed timely exceptions to the Recommended Decision and Order, followed by Charging Party's timely exceptions to the Recommended Decision and Order, followed by Charting Party's timely responses. After reviewing the record, exceptions, and responses, we hereby affirm the conclusion reached by the ALJ in her Recommended Decision and Order; however, we modify slightly the ALJ's analysis with respect to the question of whether the Respondent's conduct involved a mandatory subject of bargaining, as follows. 
 Date Created:  06-22-2016 
 Agency ID:  Case No. S-CA-15-116 
 ISL ID:  000000058326   Original UID: 179482 FIRST WORD: Decisions 
356:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- City of Chicago: On January 8, 2016, ALJ Deena Sancdea issued a Recommended Decision and Order in which she determind that the title Supervisor of Auditing employed by the City of Chicago in its Department of Finance is supervisory within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315/3(r) (2014), as amended. We adopt the ALJ's findings of fact as modified in this Opinion and Order. To assist the reader, we summarize some of the relevant facts below. 
 Date Created:  06-16-2016 
 Agency ID:  Case No. L-RC-15-007 
 ISL ID:  000000058327   Original UID: 179483 FIRST WORD: Opinions 
357:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Service Employees International Union, Local 73 -vs- County of Cook: On March 14, 2016, Administrative Law Judge Sarah 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 Judges Recommendation during the time allotted, and at its July 12, 2016 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  07-13-2016 
 Agency ID:  Case No. L-CA-13-035 
 ISL ID:  000000058619   Original UID: 179833 FIRST WORD: Opinions 
358:

Title:  

Opinions and Orders / Illinos Local Labor Relations Board

 
 Volume/Number:  2016  
 Issuing Agency:   
 Description:  Debra Larkin -vs- Amalgamated Transit Authority: On March 15, 2016, Administrative Law Judge Kelly Coyle, 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 Judges Recommendation during the time allotted, and at its July 12, 2 016 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  07-13-2016 
 Agency ID:  Case No. L-CB-16-001 
 ISL ID:  000000058620   Original UID: 179834 FIRST WORD: Opinions 
359:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 August 
 Issuing Agency:   
 Description:  Beverly Jackson -vs- American Federation of State, county and Municipal Employees, Council 31: On May 31, 2016, Executive Director Melissa Mlynski dismissed a charge filed by Beverly Jackson (Charging Party) alleging that American Federation of State, County and Municipal Employees, Council 31 (Respondent or Union) violated Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014), as amended (Act). Following investigation, the Executive Director determined that Charging Party had failed to raise an issue of fact or law sufficient to warrant a hearing on her charge that the Union had violated its duty of fair representation under the Act. Charging Party filed a timely appeal of the dismissal. Respondent did not file a response to the appeal. 
 Date Created:  08-12-2016 
 Agency ID:  Case No. S-CB-16-013 
 ISL ID:  000000058795   Original UID: 180017 FIRST WORD: Decisions 
360:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 August 
 Issuing Agency:   
 Description:  North Riverside Fire Fighters, Local 2714 -vs- Village of North Riverside: On March 25, 2016, Administrative Law Judge Anna Hamburg-Gal issued a Recommended Decision and Order in the above-referenced matter, generally concluding that the Village of North Riverside (Respondent or Village) violated Section 10(a)(4) and (1) of the Act in the course of and in relation to contract negotiations and subsequent interest arbitration with North Riverside Fire Fighters, Local 2714 (Charging Party or Union). This matter has a particularly complex procedural history that is ongoing, and intertwines the contract negotiations and related conduct that forms the basis for the at-issue unfair labor practice charge with Respondent's collateral action for declaratory judgment and injunctive relief (Declaratory Judgment Action), filed originally in the Circuit Court of Cook County and now pending in the Appellate Court for the First District. Although this Order resolves only the unfair labor practice charge before the State Panel of the Illinois Labor Relations Board at this time, for necessary context we begin with a review of the underlying facts and relevant procedural history, including a summary of the Declaratory Judgment Action. 
 Date Created:  08-11-2016 
 Agency ID:  Case No. S-CA-15-032 
 ISL ID:  000000058796   Original UID: 180018 FIRST WORD: Decisions 
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