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Decisions and Opinions of the Illinois State Labor Relations Board[X]
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21:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 January 
 Issuing Agency:   
 Description:  On July 2, 2012, Administrative Law Judge Anna Hamburg-Gal issued a Recommended Decision and Order, recommending that the Illinois Labor Relations Board, State Panel, find that employees of the State of Illinois, Department of Central Management Service (Employer) in the job title Technical Advisor IV who work at the Illinois Commerce Commission (ICC) are not managerial employees within the meaning of Section 3(j) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), and add their positions to the existing RC-10 collective bargaining unit represented by the American Federation of State County and Municipal Employees, Council 31 (Petitioner). 
 Date Created:  01 29 2013 
 Agency ID:  Case No. S-RC-09-202 
 ISL ID:  000000047404   Original UID: 169415 FIRST WORD: Decisions 
22:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 November 
 Issuing Agency:   
 Description:  On September 7, 2010, Administrative Law Judge Sylvia Rios issued a Recommended Decision and Opinion in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, find that three employees of the State of Illinois, Department of Central Management Services (Employer) holding the job title Senior Public Service Administrator Option 8(h) and employed at the Illinois Department of Public Health were not supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315(r) (2008), and therefore should be included in the existing RC-63 bargaining unit represented by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). 
 Date Created:  08 20 2013 
 Agency ID:  Case No. S-RC-09-036 
 ISL ID:  000000047405   Original UID: 169416 FIRST WORD: Decisions 
23:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 May 
 Issuing Agency:   
 Description:  On January 30, 2013, Executive Director Melissa Mlynski dismissed the unfair labor practice charge filed by Robert Smith (Charging Party) in the above-captioned case. The Charging Party alleged that 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 Respondent failed to properly pursue two of Charging Party's grievances and advise him of their status. 
 Date Created:  05 24 2013 
 Agency ID:  Case No. S-CB-13-004 
 ISL ID:  000000047412   Original UID: 169423 FIRST WORD: Decisions 
24:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 June 
 Issuing Agency:   
 Description:  On April 30, 2013, Executive Director Melissa Mlynski dismissed an unfair labor practice charge file by Charging Party, Joseph S. McGreal, against Respondent, Metropolitan Alliance of Police, Chapter #159 (MAP), alleging Respondent violated Section 10(b)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315(b)(1) (2010). Charging Party timely filed an appeal of the dismissal pursuant to Section 1200.135 of the Board's Rules and Regulations, 80 Ill. Admin. Code Parts 1200 through 1240 (Board's Rules). MAP did not file a response. After a review of Charging Party's appeal and the record, we affirm the Executive Director's dismissal. 
 Date Created:  06 28 2013 
 Agency ID:  Case No. S-CB-13-003 
 ISL ID:  000000047413   Original UID: 169424 FIRST WORD: Decisions 
25:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 May 
 Issuing Agency:   
 Description:  On December 7, 2012, Acting Executive Director Jerald S. Post issued an order dismissing the unfair labor practice charge filed by Charging Party Brian K. Trygg in the above-captioned case. The charge alleged that Respondent General Teamsters/Professional and Technical Employees, Local 916 engaged in unfair labor practices within the meaning of Section 10(b)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010). 
 Date Created:  05 20 2013 
 Agency ID:  Case No. S-CB-10-024 
 ISL ID:  000000047414   Original UID: 169425 FIRST WORD: Decisions 
26:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 December 
 Issuing Agency:   
 Description:  On August 19, 2008, Pace South Division (Charging Party or Pace) filed a charge with the Illinois Labor Relations Board's State Panel (Board) alleging tat the Amalgamated Transit Union, Local 1028 (Respondent or Union) engaged in unfair labor practices within the meaning of Section 10(b)(4) and (1) of the Illinois Public Labor Relations Act 5 ILCS 315 (2010), as amended. The charge was investigated in accordance with Section 11 of the Act and on April 17, 2012, the Board's Executive Director issued a Complaint for Hearing. A hearing was conducted on August 24, 2012, in Chicago, Illinois, at which time Pace presented evidence in support of the allegations and all parties were given an opportunity to participate, to adduce relevant evidence, to examine witnesses, to argue orally and to file written briefs. 
 Date Created:  12 19 2012 
 Agency ID:  Case No. S-CB-09-009 
 ISL ID:  000000047415   Original UID: 169426 FIRST WORD: Decisions 
27:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 May 
 Issuing Agency:   
 Description:  On April 3, 2013, Acting Executive Director Jerald S. Post dismissed the unfair labor practice charge filed by Julius C. Perryman (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) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2010), when Respondent took a series of disciplinary actions against him ultimately leading to his August 29, 2012, discharge. 
 Date Created:  05 24 2013 
 Agency ID:  Case No. S-CA-13-073 
 ISL ID:  000000047416   Original UID: 169427 FIRST WORD: Decisions 
28:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 December 
 Issuing Agency:   
 Description:  On November 2, 2011, International Union of Operating Engineers, Local 150 (Petitioner) filed a unit clarification petition in Case No. S-UC-12-009 with the State Panel of the Illinois Labor Relations Board (Board) pursuant to the Illinois Public Labor Relations Act 5, ILCS 315 (2010) as amended, and the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code, Parts 1200 through 1240. This petition seeks to add the title of principal meter reader to an existing bargaining unit of the County of DuPage (Employer of County). This bargaining unit was previously certified by the Board in Case Number S-RC-11-033. 
 Date Created:  08 19 2013 
 Agency ID:  Case No. S-UC-12-009 
 ISL ID:  000000047423   Original UID: 169433 FIRST WORD: Decisions 
29:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 December 
 Issuing Agency:   
 Description:  On September 28, 2012, 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 December 11, 2012 public meeting, the Board, having reviewed the matter declined to take it up on its own motion. 
 Date Created:  12 12 2013 
 Agency ID:  Case No. S-RC-13-003 
 ISL ID:  000000047429   Original UID: 169434 FIRST WORD: Decisions 
30:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 January 
 Issuing Agency:   
 Description:  On September 26, 2012, Administrative Law Judge Elaine Tarver issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, dismiss the petition filed by the International Association of Machinists and Aerospace Workers, District 8 (Petitioner). The Petitioner sought to represent employees of the State of Illinois, Department of Central Management Services (Employer), in the title of Public Service Administrator, Option 6, working as local office administrators in the Department of Human Services. As noted by the Administrative Law Judge, a different union sought to represent these employees in two petitions recently rejected by the Board in State of Illinois (Dep't of Cent. Mgmt. Serv. (Dep't of Healthcare and Family Servs.), Case No. S-UC-09-182, 28 PERI 75 (IL LRB-SP 2011), and State of Illinois, Dep't of Cent. Mgmt. Serv., Case No. S-UC-10-014, 26 PERI 116 (IL LRB-SP 2010). 
 Date Created:  01 14 2013 
 Agency ID:  Case No. S-RC-12-109 
 ISL ID:  000000047430   Original UID: 169435 FIRST WORD: Decisions 
31:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 December 
 Issuing Agency:   
 Description:  On October 26, 2009, the Illinois State Employees Association, Laborers' International Union, Local 2002 (Petitioner) filed a majority interest Representation/Certification Petition with the Illinois Labor Relations Board, State Panel (Board), pursuant to the Illinois Public Labor Relations Act, 5 ILCS 315 (2008), as amended, in the above-captioned case. the petition specified that the Petitioner sought to become the exclusive representative of four attorneys employed by the Illinois State Police (ISP) in the title of Public Service Administrator Option 8L (PSA Opt.8L). Prior to the hearing in this case, the parties agreed to revise the number of titles/positions sought in the petition. In particular, Petitioner sought to include three attorneys employed by ISP in the title of PSA Opt. 8L and include two attorneys employed at the Illinois Emergency Agency (IEMA) in the positions of Nuclear Safety Staff Attorney I and Nuclear Safety Staff Attorney II. 
 Date Created:  08 21 2013 
 Agency ID:  Case No. S-RC-10-122 
 ISL ID:  000000047431   Original UID: 169436 FIRST WORD: Decisions 
32:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 January 
 Issuing Agency:   
 Description:  On July 27, 2012, Administrative Law Judge Eileen Bell issued a Recommended Decision and Order in the above-captioned case finding that the nine peace officers in the rank of Sergeant employed by the Village of Plainfield (Employer) are supervisors within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010)(Act), and that the above-referenced petition filed by the Illinois Fraternal Order of Police Labor Council (Petitioner) should be dismissed. 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 Petitioner filed a timely response and cross-exceptions to which Petitioner filed a response. After reviewing the record, exceptions and responses, we adopt, as modified below, the Administrative Law Judge's findings of fact and law in support of her determination that the Sergeants at issue are supervisors within the meaning of Section 3(r) of the Act and that the instant petition should be dismissed. 
 Date Created:   
 Agency ID:  Case No. S-RC-09-111 
 ISL ID:  000000047432   Original UID: 169437 FIRST WORD: Decisions 
33:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 December 
 Issuing Agency:   
 Description:  On September 4, 2012, Administrative Law Judge Eileen L. Bell, 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 11, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:   
 Agency ID:  Case No. S-CB-12-017 
 ISL ID:  000000047433   Original UID: 169438 FIRST WORD: Decisions 
34:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 June 
 Issuing Agency:   
 Description:  On April 19, 2013, Executive Director Melissa Mlynski issued a dismissal of two unfair labor practice charges filed by the American Federation of State, County and Municipal Employees, Council 31 (Charging Party) against the Peoria Housing Authority (Respondent). The first charge, Case No. S-CA-13-052 filed on October 26, 2012, alleged violations of Sections 10(a)(7) and (l) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) as amended, by making regressive charges to proposals intended to stall the bargaining process. The second charge, Case No. S-CA-12-068, was filed on December 17, 2012 and alleged that Respondent violated Section 10(a)(4)and (l) of the Act by failing to meet at reasonable times and places. On May 6, 2013, Charging Party timely filed an appeal of the dismissal of the first charge, Case No. S-CA-12-052, pursuant to Section 1200.135 of the Board's Rules and Regulations, 80 Ill. Admin. Code Parts 1200 through 1240. Respondent did not file a response. After a review of Charging Party's appeal and the record, we reverse the Executive Director's dismissal. 
 Date Created:  08 16 2013 
 Agency ID:  Case No. S-CA-13-052 
 ISL ID:  000000047434   Original UID: 169439 FIRST WORD: Decisions 
35:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 May 
 Issuing Agency:   
 Description:  On April 2, 2013, Acting Executive Director Jerald S. Post dismissed the unfair labor practice charge filed by the American Federation of State, County and Municipal Employees, Council 31 (Charging Party) in the above-referenced 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) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a) (2010), when, in direct contravention of a grievance settlement between the parties, Respondent proposed to subcontract adoption and post-adoption procedures and lay off employees represented by Charging Party. 
 Date Created:  08 16 2013 
 Agency ID:  Case No. S-CA-13-040 
 ISL ID:  000000047435   Original UID: 169440 FIRST WORD: Decisions 
36:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 April 
 Issuing Agency:   
 Description:  On July 2, 2012, Charging Party, Joseph S. McGreal, filed a charge with the State Panel of the Illinois Labor Relations Board (Board) in the above-captioned case alleging that the Village of Orland Park, (Respondent, Employer of Village), violated Sections 10(a)(1), (2) and (3) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), 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 reasons set forth below. 
 Date Created:  08 16 2013 
 Agency ID:  Case No. S-CA-13-001 
 ISL ID:  000000047436   Original UID: 169441 FIRST WORD: Decisions 
37:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 July 
 Issuing Agency:   
 Description:  On November 20, 2012, Executive Director Melissa Mlynski issued a partial dismissal of amended unfair labor practice charges filed by Service Employees International Union Local 73 (Charging Party) against the Village of Oak Park (Respondent) in the above-referenced case. On that same date she deferred all remaining issues in the case to grievance arbitration. Pursuant to Section 1200.135(a) of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Parts 1200 through 1240 (Board Rules), Charging Party filed a timely appeal of the dismissal, and Respondent filed a timely response. Pursuant to Section 1200.135(a) and Section 1220.65(d) of the Board Rules, Charging Party also filed a separate timely appeal of the deferral, and Respondent, again, filed a response. We address both appeals in this decision and order, and for the reasons which follow, affirm both of the Executive Director's actions. 
 Date Created:  07 19 2013 
 Agency ID:  Case No. S-CA-12-175 
 ISL ID:  000000047441   Original UID: 169446 FIRST WORD: Decisions 
38:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 July 
 Issuing Agency:   
 Description:  On November 20, 2012, Executive Director Melissa Mlynski deferred charges filed by Service Employees International Union Local 73 (Charging Party) against the Village of Oak Park (Respondent) in the above-referenced case. Pursuant to Section 1200.135(a) and Section 1220.65(d) of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Parts 1200 through 1240, Charging Party filed a timely appeal of that deferral. Respondent filed a timely response. For the reasons which follow, we affirm the Executive Director's deferral. 
 Date Created:  07 19 2013 
 Agency ID:  Case No. S-CA-12-163 
 ISL ID:  000000047442   Original UID: 169447 FIRST WORD: Decisions 
39:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 January 
 Issuing Agency:   
 Description:  On August 28, 2012, Executive Director Melissa Mlynski issued an order deferring to arbitration the unfair labor practice charge filed by the Service Employees International Union, Local 73 (Charging Party) in the above-captioned case. The Charging Party alleged that the City of Waukegan (Respondent) engaged in unfair labor practices within the meaning of Section 10(a)(1), (2) and (4) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) as amended when the Respondent issued a one-day suspension to Al Booth in retaliation for engaging in union activity and failed to provide the Charging Party with information upon request. 
 Date Created:  01 29 2013 
 Agency ID:  Case No. S-Ca-12-159 
 ISL ID:  000000047443   Original UID: 169448 FIRST WORD: Decisions 
40:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 August 
 Issuing Agency:   
 Description:  On March 22, 2012, Charging Party, Geraldine Armstrong, filed a charge with the State Panel of the Illinois Labor Relations Board (Board) in the above-captioned case, alleging that Respondent, Village of Maywood (Respondent of Employer), violated Section 10(a)(3), (2) and (1) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2010), as amended. 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 reasons set forth below. 
 Date Created:  08 08 2012 
 Agency ID:  Case No. S-CA-12-135 
 ISL ID:  000000047444   Original UID: 169449 FIRST WORD: Decisions 
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