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521:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 March 
 Issuing Agency:   
 Description:  Department of Central Management Services -vs- American Federation of State, County and Municipal Employees, Council 31: On March 11, 2016, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) dismissing the above-captioned unit clarification petitions. The State of Illinois, Department of Central Management Services (CMS or Employer) filed these petitions seeking to exclude three vacant Public Service Administrator (PSA) positions from units represented by the American Federation of State, County and Municipal Employees, Council 31 (AFSCME or Union). 
 Date Created:  09-02-2016 
 Agency ID:  Case No. S-UC-16-032; Case No. S-UC-16-033; Case No. S-UC-16-034 
 ISL ID:  000000059590   Original UID: 180935 FIRST WORD: Decisions 
522:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 October 
 Issuing Agency:   
 Description:  American Federation of State, County And Municipal Employees, Council 31 -vs- Chief Judge of the Circuit Court of Cook County: On May 12, 2016, Administrative Law Judge Anna Hamburg-Gal (ALJ) issued a Recommended Decision and Order (RDO) recommending that the Board dismiss the charge in the above-captioned matter. 
 Date Created:  10-03-2016 
 Agency ID:  Case No. S-RC-15-032; Case No. S-RC-15-012 
 ISL ID:  000000059636   Original UID: 180989 FIRST WORD: Decisions 
523:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 July 
 Issuing Agency:   
 Description:  Village of Oak Lawn -vs- Oak Lawn Professional Firefighters Association Local 3405, IAFF: On May 3, 2016, the Village of Oak Lawn (Employer) filed a unilateral Petition forDeclaratory Ruling pursuant to Section 1200.143 of the Rules and Regulations of the IllinoisLabor Relations Board, 80 Ill. Admin. Code Parts 1200 through 1300. The Employer seeks adetermination as to (1) whether its proposal on residency is a permissive, mandatory, or illegalsubject of bargaining, (2) whether the proposal on residency offered by the Oak LawnProfessional Firefighters Association Local 3405, IAFF, (Union) is a permissive or mandatory subject of bargaining, and (3) whether the Employers proposal concerning paramediccertification/decertification is a mandatory or permissive subject of bargaining within themeaning of the Illinois Public Labor Relations Act, 5 ILCS 315 (2014). Both parties filedbriefs. 
 Date Created:  07-01-2016 
 Agency ID:  Case No. S-DR-16-005 
 ISL ID:  000000059637   Original UID: 180990 FIRST WORD: Decisions 
524:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 December 
 Issuing Agency:   
 Description:  Department of Central Management Services -vs- American Federation of State, County and Municipal Employees, Council 31: On September 2, 2016, Administrative Law Judge (ALJ) Sarah Kerley issued a Recommended Decision and Order (RDO) in the above-captioned consolidated cases. Case No. S-CB-16-017 is an unfair labor practice charge filed by the Illinois Department of Central Management Services (State or Employer) with the State Panel of the Illinois Labor RelationsBoard (Board) on January 15, 2016. The charge alleged that the American Federation of State,County, and Municipal Employees, Council 31 (AFSCME or Union) violated Sections 10(b)(4)and (1) of the Illinois Public Labor Relations Act (Act) by failing to bargain in good faith. The State alleged that negotiations for a successor agreement had reached a legitimate impasse as of January 8, 2016, the date on which the State presented its last, best, and final offer. The State alleged that, despite this, AFSCME failed to bargain in good faith when it refused to agree that the parties had reached impasse and did not agree to submit the dispute with respect to the existence of an impasse to the Board, as required by the parties Tolling Agreement of September 9, 2015. 
 Date Created:  12-05-2016 
 Agency ID:  Case No. S-CB-16-017; Case No. S-CA-16-087 
 ISL ID:  000000059638   Original UID: 180991 FIRST WORD: Decisions 
525:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 September 
 Issuing Agency:   
 Description:  Charles Jones -vs- American Federation of State, County and Municipal Employees, Council 31: On June 30, 2016, Executive Director Melissa Mlynski, issued an order dismissing the above-captioned charge (Dismissal). On July 14, 2016, Charging Party, Charles Jones (Jones),filed a timely appeal of the Dismissal along with a Request for Appointment of Counsel. 
 Date Created:  09-30-2016 
 Agency ID:  Case No. S-CB-15-035 
 ISL ID:  000000059639   Original UID: 180992 FIRST WORD: Decisions 
526:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2017  
 Issuing Agency:   
 Description:  Decisions and Opinions filed with the Illinois State Labor Relations Board for 2017. 
 Date Created:   
 Agency ID:   
 ISL ID:  000000059709   Original UID: FIRST WORD: Decisions 
527:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 July 
 Issuing Agency:   
 Description:  Department of Central Management Services -vs- American Federation of State, County and Municipal Employees: On January 15, 2016, the State of Illinois, Department of Central Management Services(CMS) filed an unfair labor practice charge with the State Panel of the Illinois Labor Relations Board (Board) in Case No. S-CB-16-017 (CMS' charge), alleging that American Federation of State, County and Municipal Employees (AFSCME or Union) violated Sections 10(b)(4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315/1, as amended, (Act). Specifically, CMS alleged that negotiations for a successor agreement between the parties reached a legitimate impasse as of January 8, 2016, the date on which CMS presented its Last, Best, and Final offer. CMS alleged that AFSCME failed to bargain in good faith when it refused to agree that the parties had reached impasse and did not agree to submit the dispute with respect to the existence of an impasse to the Board, as required by the parties' Tolling Agreement. The Board investigated CMS' charge in accordance with Section 11 of the Act, and the Executive Director issued a Complaint for Hearing on CMS' charge March 22, 2016. 
 Date Created:  07-29-2016 
 Agency ID:  Case No. S-CA-16-087; Case No. S-CB-16-017 
 ISL ID:  000000059718   Original UID: 181074 FIRST WORD: Decisions 
528:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2017 March 
 Issuing Agency:   
 Description:  Darleen Spencer and Donna Morger -vs- Village of South Pekin: On October 31, 2016, Administrative Law Judge Sarah R. Kerley, on behalf of the 111inoisLabor 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 March 7, 2017 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  03-07-2017 
 Agency ID:  Case No. S-CA-16-025 
 ISL ID:  000000059719   Original UID: 181075 FIRST WORD: Decisions 
529:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2017 January 
 Issuing Agency:   
 Description:  Hazel Crest Professional Firefighters, International Association of Fire Fighters, AFL-CIO, CLC -vs- Village of Hazel Crest: On September 26, 2016, Administrative Law Judge Anna Hamburg-Gal, on behalf of the Illinois Labor Relations Board, issued a Recommended Decision and Order in the above-captionedmatter. No party filed exceptions to the Administrative Law Judge's Recommendation during the time allotted, and at its January 10, 2017 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  01-11-2017 
 Agency ID:  Case No. S-CA-16-015; Case No. S-CB-16-011 
 ISL ID:  000000059720   Original UID: 181076 FIRST WORD: Decisions 
530:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 September 
 Issuing Agency:   
 Description:  Charles Jones -vs- Department of Central Management Services (Dept. of Children and Family Services): On June 30, 2016, Executive Director Melissa Mlynski, issued an order dismissing theabove-captioned charge (Dismissal). On July 14, 2016, Charging Party, Charles Jones (Jones),filed a timely appeal of the Dismissal along with a Request for Appointment of Counsel.1 
 Date Created:  09-30-2016 
 Agency ID:  Case No. S-CA-15-149 
 ISL ID:  000000059721   Original UID: 181077 FIRST WORD: Decisions 
531:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 September 
 Issuing Agency:   
 Description:  Metropolitan Alliance of Police, Chapter 116 -vs- City of Harvey (Police Department): On June 21, 2016, Administrative Law Judge Anna Hamburg-Gal, on behalf of the IllinoisLabor 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 September 7, 2016 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  09-07-2016 
 Agency ID:  Case Nos. S-CA-15-148; Case No. S-CA-16-014 
 ISL ID:  000000059722   Original UID: 181078 FIRST WORD: Decisions 
532:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 September 
 Issuing Agency:   
 Description:  International Association of Firefighters, Local 429 -vs- City of Danville: On June 28, 2016, 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 timeallotted, and at its September 7, 2016 public meeting, the Board, having reviewed the matter,declined to take it up on its own motion. 
 Date Created:  09-07-2016 
 Agency ID:  Case No. S-CA-15-076 
 ISL ID:  000000059723   Original UID: 181080 FIRST WORD: Decisions 
533:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 October 
 Issuing Agency:   
 Description:  American Federation of State, County, and Municipal Employees -vs- Will County Circuit Clerk: On April 28, 2016, Administrative Law Judge Deena Sanceda (ALJ) issued a Recommend Decision and Order (RDO) in the above-captioned matter, concluding that Respondent, Will County Circuit Clerk, (Respondent or Employer) violated Sections 10(a)(4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315, as amended (Act) when it terminated the employment of probationary employee, Cheryl Hajewski (Hajewski). 
 Date Created:  10-03-2016 
 Agency ID:  Case No. S-CA-14-123 
 ISL ID:  000000059739   Original UID: 181098 FIRST WORD: Decisions 
534:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2017 April 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- State of Illinois, Department of Central Management Services: On September 28, 2016, Administrative Law Judge (ALJ) Sarah R. Kerley issued a Recommended Decision and Order (RDO) in the above-captioned case, ultimately recommending that the Board dismiss the case. On March 2, 2015, the American Federation of State, County and Municipal Employees, Council 31 (AFSCME, Petitioner, or Union) filed a majority interest representation petition in Case No. S-RC-15-066 (RC petition) with the State Panel of the Illinois Labor Relations Board (Board) pursuant to the Illinois Public Labor Relations Act, 5 ILCS 315/1-1 et seq. (2014), as amended (Act), seeking to include a Public Service Administrator, Option 3 position (PSA, Option 3) employed by the State of Illinois, Department of Central Management Services, Department of Corrections (Employer or CMS), and held by Michael Mitchell (Mitchell), in AFSCME bargaining unit RC-63. 
 Date Created:  04-10-2017 
 Agency ID:  Case No. S-RC-15-066; Case No. S-UC-15-123 
 ISL ID:  000000059806   Original UID: 181167 FIRST WORD: Decisions 
535:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2017 April 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- State of Illinois, Department of Central Management Services: On September 13, 2016, Administrative Law Judge (ALJ) Sarah R. Kerley issued a Recommended Decision and Order (RDO) in the above-captioned case. On October 2, 2014, the American Federation of State, County, and Municipal Employees, Council 31 (AFSCME) filed a unit clarification petition in Case No. S-UC-15-052 with the Boards State Panel pursuant to the Illinois Public Labor Relations Act, 5 ILCS 315, as amended (Act), seeking to include one Executive I position at the Illinois Department of Agriculture, Bureau of County Fairs and Horse Racing (Bureau or Employer), occupied by Kelly Beck (Beck). In addition, on December 8, 2014, AFSCME filed a majority interest petition with the Board in Case No. S-RC-15-044, seeking to represent Becks position. The petitions were consolidated, and ALJ Kerley held a hearing in the case on April 8, 2015. The RDO concludes that the UC petition was proper but untimely. The RDO further concludes that, under the RC petition, Beck is not a managerial employee within the meaning of Section 3(j) of the Act. The Employer filed timely exceptions, and AFSCME filed a timely response and cross-exceptions. 
 Date Created:  04-11-2017 
 Agency ID:  Case No. S-RC-15-044; Case No. S-UC-15-052 
 ISL ID:  000000059807   Original UID: 181168 FIRST WORD: Decisions 
536:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2017 April 
 Issuing Agency:   
 Description:  Metropolitan Alliance of Plice, Bolingbrook Chapter #3 -vs- Village of Bolingbrook: On April 20, 2015, Metropolitan Alliance of Police, Bolingbrook Chapter #3 (Charging Party) filed an unfair labor practice charge alleging the Village of Bolingbrook (Respondent) violated Section 10(a) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315/1 et seq. The Union alleged the Respondent violated the Act when it denied two employee members their requested shift assignments in retaliation for advancing a grievance to arbitration. On December 18, 2015, the Executive Director dismissed the Section 10(a)(3) portion of the charge but deferred to arbitration the remaining allegations. 
 Date Created:  04-11-2017 
 Agency ID:  Case No. S-CA-15-136 
 ISL ID:  000000059808   Original UID: 181169 FIRST WORD: Decisions 
537:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2017 April 
 Issuing Agency:   
 Description:  International Association of Firefighters, Local 413, AFL-CIO, CLC -vs- City of Rockford: On September 12, 2014, the International Association of Firefighters, Local 413 (Union)filed an unfair labor practice charge with the State Panel of the Illinois Labor Relations Board alleging that the City of Rockford (Employer) violated Sections 10(a)(4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315, as amended (Act) by refusing to include language on medical certification in the parties successor collective bargaining agreement. The Boards Executive Director issued a Complaint for Hearing and the matter was initially assigned to Administrative Law Judge Kelly Coyle. The case was later reassigned to Administrative Law Judge Anna Hamburg-Gal (ALJ), who conducted a hearing on January 6, 2016. 
 Date Created:  04-11-2017 
 Agency ID:  Case No. S-CA-15-030 
 ISL ID:  000000059809   Original UID: 181170 FIRST WORD: Decisions 
538:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 December 
 Issuing Agency:   
 Description:  James W. Young -vs- Village of University Park: On August 26, 2016, Administrative Law Judge Deena Sanceda, 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 13, 2016 public meeting, the Board, having reviewed the matter,declined to take it up on its own motion. 
 Date Created:  12-14-2016 
 Agency ID:  Case No. S-CA-14-107 
 ISL ID:  000000059810   Original UID: 181171 FIRST WORD: Decisions 
539:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 August 
 Issuing Agency:   
 Description:  Wheaton Firefighters Union, Local 3706 (the Union), and the City of Wheaton (the City) are parties to a collective bargaining agreement. In 2012, after failed negotiations, the Union invoked interest arbitration pursuant to section 14 of the Illinois Public Labor Relations Act (the Act)(5 ILCS 315/14 (West 2012)). During the interest arbitration proceedings, the City sought to add a provision to the parties' agreement that would allow it to unilaterally change the health insurance benefits that is was providing to the Union's members during the period of the agreement. The Union responded by filing an unfair-labor charge against the City, arguing that the City was acting in bad faith by submitting an inappropriate matter to interest arbitration. The Illinois Labor Relations Board found that the City had not acted in bad faith, because the City's mere submission of its health insurance proposal to interest arbitration did not demonstrate that the City violated the Act. the Union appeals from the order. For the reasons that follow, we affirm. 
 Date Created:  08-22-2016 
 Agency ID:  Case No. S-CA-14-067; No. 2-16-0105; IL App (2d) 160105 
 ISL ID:  000000059815   Original UID: 181176 FIRST WORD: Decisions 
540:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2016 October 
 Issuing Agency:   
 Description:  Service Employees International Union, Local 73 -vs- Village of Dixmoor: On December 17, 2015, Administrative Law Judge Kelly Coyle (ALJ) issued a Recommended Decision and Order (RDO) in this case, recommending that the State Panel of the Illinois Labor Relations Board (Board) find that Respondent, Village of Dixmoor (Respondent or Village) violated Sections 10(a) (4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315, as amended (Act). Specifically, the ALJ determined that the Village had violated the Act by unilaterally closing its Fire Department and subcontracting bargaining unit work, and byunilaterally laying off bargaining unit employees,1 as charged by the Service EmployeesInternational Union, Local 73 (Charging Party or Union). 
 Date Created:  10-03-2016 
 Agency ID:  Case No. S-CA-14-063 
 ISL ID:  000000059829   Original UID: 181191 FIRST WORD: Decisions 
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