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Illinois Labor Relations Board[X]
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141:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  The above-captioned cases, consolidated for purposes of determination by the Illinois Labor Relations Board, State Panel, all involve designations made by the Illinois Department of Central Management Services (CMS) on behalf of the Governor of the State of Illinois pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) (Act), a section recently added to the Act by Public Act 97-1172 (eff. April 5, 2013). Section 6.1 allows the Governor to designate certain State employment positions as excluded from the collective bargaining rights which might otherwise be available to State employees under Section 6 of the Act. 
 Date Created:  10 07 2013 
 Agency ID:  Case No. S-DE-14-005; Case No. S-DE-14-008; Case No. S-DE-14-009;Case No. S-DE-14-010; Case No. S-DE-14-017; Case No. S-DE-14-021; Case No. S-DE-14-026; Case No. S-DE-14-028; Case No. S-DE-14-030; Case No. S-DE-14-031; Case No. S-DE-14-032; Case No. S-DE-14-034; Case No. S-DE-14-039; Case No. S-DE-14-040; Case No. S-DE-14-041;Case No. S-DE-14-042; Case No. S-DE-14-043; Case No. S-DE-14-044; Case No. S-DE-14-045 
 ISL ID:  000000047750   Original UID: 169828 FIRST WORD: Decisions 
142:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 August 
 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, 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. Section 6.1 and Public Act 97-1172 became effective on April 5, 2013 and allow the Governor 365 days from that date to make such designations. 
 Date Created:  08 29 2013 
 Agency ID:  Case No. S-DE-14-009 
 ISL ID:  000000047751   Original UID: 169829 FIRST WORD: Decisions 
143:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 July 
 Issuing Agency:   
 Description:  On December 15, 2010, Executive Director John F. Brosnan dismissed the unfair labor practive charge filed by Todd Baran (Charging Party) in the above-captioned case. the Charging Party alleged that the American Federation of State, County and Municipal Employees, Council 31 (Respondent) engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b) (2010), when it failed to arbitrate Charging Party's lay-off grievance related to the Employer's reduction-in-force policy. 
 Date Created:  07 29 2011 
 Agency ID:  Case No. S-CB-10-027 
 ISL ID:  000000047752   Original UID: 169830 FIRST WORD: Decisions 
144:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 May 
 Issuing Agency:   
 Description:  On October 11, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Britt J. Weatherford (Charging Party) in the above-captioned case. The Charging Party alleged that the American Federation of State, County and Municipal Employees, Council 31 (Respondent) violated Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), in that it failed to properly process several grievances on his behalf. The Executive Director dismissed the charge, finding no evidence Respondent intentionally took action designed to retaliate against Charging Party or due to his status. 
 Date Created:  05 01 2012 
 Agency ID:  Case No. S-CB-10-004 
 ISL ID:  000000047753   Original UID: 169831 FIRST WORD: Decisions 
145:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:   
 Description:  On January 6, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by John Michels (Charging Party) in the above-captioned case. The Charging Party alleged that the American Federation of State, County and Municipal Employees Council 31 (Respondent) engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b)(2010), when it failed to arbitrate Charging Party's discharge grievance. 
 Date Created:  06 16 2011 
 Agency ID:  Case No. S-CB-09-038 
 ISL ID:  000000047754   Original UID: 169832 FIRST WORD: Decisions 
146:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 December 
 Issuing Agency:   
 Description:  On July 25, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by PACE South Division (Charging Party) against the Amalgamated Transit Union, Local 1028 (Respondent or Union). Charging Party had alleged violations of Section 10(a)(4) of the Illinois Labor Relations Act, 5 ILCS 315/10(a)(4) (2010) as amended (Act), relating to two incidents occurring after Union membership had rejected a proposed successor agreement, one involving absence of a substantial percentage of employees, and another concerning suggestions employees refuse or cancel overtime assignments. 
 Date Created:  01 04 2012 
 Agency ID:  Case No. S-CB-09-009 
 ISL ID:  000000047755   Original UID: 169833 FIRST WORD: Decisions 
147:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2010 November 
 Issuing Agency:   
 Description:  On August 7, 2008, Charging Party, Billy McCaskill filed an unfair labor practice charge with the State Panel of the Illinois Labor Relations Board (Board) in the above-captioned case, alleging that Respondent, American Federation of State, Country and Municipal Employees, Council 31 (AFSCME or Union), engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act (Act), 5 ILCS, 315 (2008), as amended. After an investigation conducted pursuant to Section 11 of the Act, I determined that the charge fails to raise an issue of fact or law sufficient to warrant a hearing, and issue this dismissal for the reasons set forth the below. 
 Date Created:  08 29 2013 
 Agency ID:  Case No. S-CB-09-005 
 ISL ID:  000000047760   Original UID: 169838 FIRST WORD: Decisions 
148:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 February 
 Issuing Agency:   
 Description:  On November 23, 2010, Administrative Law Judge Sharon Wells, 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 8, 2011 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  02 10 2011 
 Agency ID:  Case No. S-CB-06-053; Case No. S-CB-06-055;Case No. S-CB-07-005; Case No. S-CB-07-007;Case No. S-CB-08-031 
 ISL ID:  000000047761   Original UID: 169839 FIRST WORD: Decisions 
149:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 September 
 Issuing Agency:   
 Description:  On May 15, 2013, Administrative Law Judge (ALJ) Martin Kehoe issued a Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel (Board) dismiss the complaint alleging that the Village of Hazel Crest (Respondent) violated Section 10(a)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012) (Act), by ordering the removal of a banner hung in Respondent's fire station and vehicle decals placed on its fire trucks by the Hazel Crest Professional Firefighters Association, IAFF, 4087 (Charging Party). 
 Date Created:  09 04 2013 
 Agency ID:  Case No. S-CA-13-005 
 ISL ID:  000000047766   Original UID: 169843 FIRST WORD: Decisions 
150:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 September 
 Issuing Agency:   
 Description:  On July 22, 2013 Administrative Law Judge Michelle Owen, on behalf of the Illinois Labor Relations, 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 10, 2013 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  09 10 2013 
 Agency ID:  Case No. S-CA-12-197; Case No. S-CA-12-201; Case No. S-CA-12-211 
 ISL ID:  000000047769   Original UID: 169848 FIRST WORD: Decisions 
151:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 January 
 Issuing Agency:   
 Description:  On August 8, 2012, Executive Director Melissa Mlynski dismissed the unfair labor practice charge filed by Geraldine Armstrong (Charging Party) in the above-captioned case. The Charging Party alleged that the Village of Maywood (Police Department) (Respondent) engaged in unfair labor practices within the meaning of Section 10(a)(1), (2), and (3) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended, when the Charging Party's supervisor made certain comments and body gestures after being presented with the Charging Party's grievance, and when Respondent disciplined the Charging Party after she attended a negotiation session. 
 Date Created:  01 29 2013 
 Agency ID:  Case No. S-CA-12-135 
 ISL ID:  000000047770   Original UID: 169849 FIRST WORD: Decisions 
152:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 October 
 Issuing Agency:   
 Description:  On July 23, 2012 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 October 9, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  10 11 2012 
 Agency ID:  Case No. S-CA-12-124 
 ISL ID:  000000047771   Original UID: 169850 FIRST WORD: Decisions 
153:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 September 
 Issuing Agency:   
 Description:  On July, 17, 2012 Administrative Law Judge Elaine Tarver, 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 April 12, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  09 12 2012 
 Agency ID:  Case No. S-CA-12-109 
 ISL ID:  000000047772   Original UID: 169851 FIRST WORD: Decisions 
154:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 September 
 Issuing Agency:   
 Description:  On July 9, 2012 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 April 12, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  09 12 2012 
 Agency ID:  Case No. S-CA-12-098 
 ISL ID:  000000047773   Original UID: 169852 FIRST WORD: Decisions 
155:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:   
 Description:  On June 5, 2012 Administrative Law Judge Elaine L. Tarver, 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 14, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  08 15 2012 
 Agency ID:  Case No. S-CA-12-093 
 ISL ID:  000000047774   Original UID: 169853 FIRST WORD: Decisions 
156:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:   
 Description:  On February 2, 2012, Executive Director John F. Brosnan issued an order dismissing the unfair labor practice charge filed by Susan Gruberman (Charging Party) in the above-captioned case. The Charging Party alleged that the St. Clair Township (Respondent) engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a)(2010). On February 15, 2012, Charging Party filed a timely appeal of the Executive Director's dismissal pursuant to Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Sec.1200.135, and the Respondent filed a timely response. 
 Date Created:  08 13 2012 
 Agency ID:  Case No. S-CA-12-088 
 ISL ID:  000000047775   Original UID: 169854 FIRST WORD: Decisions 
157:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 May 
 Issuing Agency:   
 Description:  On January 5, 2012, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by the International Brotherhood of Teamsters, Local 700 (Charging Party) in the above-captioned case. The Charging Party alleged that the State of Illinois, Department of Central Management Services (Respondent) violated Section 10(a)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), by failing to provide bargaining unit member Master Sergeant Beliveau with union representation at an interview as he had requested. The Executive Director dismissed the charge, finding Beliveau had no right to the presence of a union representative under NLRB v. Weingarten 420 U.S. 251 (1975), and its progeny because Beliveau lacked a reasonable expectation that he might be disiplined. 
 Date Created:  05 01 2012 
 Agency ID:  Case No. S-CA-12-076 
 ISL ID:  000000047776   Original UID: 169855 FIRST WORD: Decisions 
158:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:   
 Description:  On April 18, 2012, Executive Director John F. Brosnan issued an order dismissing the unfair labor practice charge filed by Peter J. Wagner (Charging Party) in the above-captioned case. The Charging Party alleged that the State of Illinois, Department of Central Management Services (Respondent) engaged in unfair labor practices within the meaning of Section 10(a)(1), (2) and (3) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(2010), as amended (Act), by terminating his probationary employment after he participated in organizing, and in order to restrain him from participating in a representation case currently pending before the Illinois Labor Relations Board. On April 26, 2012, Charging Party filed a timely appeal of the Executive Director's dismissal pursuant to Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin Code Section 1200.135, and the Respondent filed a timely response. After reviewing the record, the appeal and the response, we affirm the Executive Director's order dismissing the charge for the reasons he articulated. We briefly respond to arguments raised in the appeal. 
 Date Created:  08 13 2012 
 Agency ID:  Case No. S-CA-12-072 
 ISL ID:  000000047777   Original UID: 169856 FIRST WORD: Decisions 
159:

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 Thomas Allen issued a Recommended Decision and Order finding that a designation made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Relations Act, 5 ILCS 315 (2012), was properly made. CMS's petition designed five Senior Public Service Administrator positions at the Illinois Department of Healthcare and Family Services, all pursuant to Section 6.1(b)(2) of the Act, which explicitly allows designations for positions with the title of Senior Public Service Administrator. 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-089 
 ISL ID:  000000047878   Original UID: 169957 FIRST WORD: Decisions 
160:

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-14-086 
 ISL ID:  000000047879   Original UID: 169958 FIRST WORD: Decisions 
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