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161:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  On January 23, 2012, Administrative Law Judge (ALJ) Martin Kehoe issued a Recommended Decision and Order (RDO) in the above-captioned case, finding that three individuals in the title of Public Service Administrator, Option 8L, employed by the State of Illinois, Department of Central Management Services (Department of Healthcare and Family Services)(Employer) were neither supervisors nor managerial employees as defined by the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), and ordering that these three individuals' positions be included in the existing RC-10 bargaining unit currently represented by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner). 
 Date Created:  05 08 2012 
 Agency ID:  Case No. S-RC-08-130; 2013 IL App (4th) 120507-U; No. 4-12-0507 
 ISL ID:  000000047953   Original UID: 170041 FIRST WORD: Decisions 
162:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 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 designed be the Governor, and, of those, only 1,900 may be positions which have already been certified to be in a collective bargaining unit. 
 Date Created:  10 24 2013 
 Agency ID:  Case No. S-DE-14-099 
 ISL ID:  000000047954   Original UID: 170042 FIRST WORD: Decisions 
163:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 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:  10 15 2013 
 Agency ID:  Case No. S-DE-14-098 
 ISL ID:  000000047955   Original UID: 170043 FIRST WORD: Decisions 
164:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public 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 position 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 petitions 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:  10 15 2013 
 Agency ID:  Case No. S-DE-14-095 
 ISL ID:  000000047956   Original UID: 170044 FIRST WORD: Decisions 
165:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  On October 15, 2013, Administrative Law Judge (ALJ) Elaine Tarver issued a Recommended Decision and Order (RDO) in Case No. S-DE-14-095, finding that a set of designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), was properly made. CMS's petition designated seven positions at various State agencies, all pursuant to Section 6.1(b)(3) and (5) of the Act. After obtaining additional information from CMS, the ALJ found the designations appropriate pursuant Section 6.1(b)(3) and therefore did not address the redundant basis for designation under Section 6.1(b)(5). 
 Date Created:  11 15 2013 
 Agency ID:  Case No. S-DE-14-095; Case No. S-DE-14-098;Case No. S-DE-14-099 
 ISL ID:  000000047957   Original UID: 170045 FIRST WORD: Decisions 
166:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  Section 6.1 of the Illinois Public Labor Relations Act authorizes the Governor to designate for exclusion from self-organization and collective bargaining up to 3,580 State employment positions within State agencies directly responsible to the Governor. 5 ILCS 315/6.1(a)(2012). These three consolidated cases present the issue whether that authority extends to positions within the Illinois Pollution Control Board (PCB), and one of these cases presents the same question with respect to a position at the Human Rights Commission (HRC). The Board has previously found that the Governor's authority did not extend to positions within the PCB or two other agencies, the Illinois Commerce Commission and the Illinois Workers' Compensation Commission, State of Ill. Dep't of Cent. Mgm. Servs. and Am. Fed'n of State, Cnty. and Mun. Employees, Council 3, Case Nos. S-DE-14-047, S-DE-14-083 and S-DE-14-086, 30 PERI 83 (IL IRB-SP Oct. 15, 2013); however, that decision was made without the benefit of an oral hearing on the issue of legislative intent. There was such a hearing here, and consequently we revisit the issue. 
 Date Created:  11 15 2013 
 Agency ID:  Case No. S-DE-14-092; Case No. S-DE-14-093;Case No. S-DE-14-094 
 ISL ID:  000000047958   Original UID: 170046 FIRST WORD: Decisions 
167:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 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 certifies 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:  10 28 2013 
 Agency ID:  Case No. S-DE-14-092; Case No. S-DE-14-093 
 ISL ID:  000000047959   Original UID: 170047 FIRST WORD: Decisions 
168:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 27, 2013, Administrative Law Judge Deena Sanceda 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 Labor Relations Act, 5 ILCS 315 (2012), was properly made. CMS's petition designated nine Public Service Administrator positions at the Illinois Department of Revenue, all nine pursuant to Section 6.1(b)(5), but one position, held by Trevor Atkins, also pursuant to Section 6.1(b)(3). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-081 
 ISL ID:  000000047960   Original UID: 170048 FIRST WORD: Decisions 
169:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 27, 2013, Administrative Law Judge Deena Sanceda issued a Recommended Decision 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 Labor Relations Act, 5 ILCS 315 (2012), was properly made. CMS's petition designated a single position at the Illinois State Police with the title of Public Service Administrator Option 2 and the working title Budget Analyst. The designation was made pursuant to Section 6.1(b)(5) of the Act. 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-074 
 ISL ID:  000000047961   Original UID: 170049 FIRST WORD: Decisions 
170:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  On December 21, 2012, Administrative Law Judge (ALJ) Michelle N. Owen issued a Recommended Decision and Order (RDO) in the above-referenced case, recommended that the Board dismiss a representation petition filed by the American Federation of State, County and Municipal Employees, Council 31 (AFSCME), because the sole employee at issue in the petition, the chief hearing officer of the Illinois Property Tax Appeal Board (PTAB), was a managerial employee within the meaning of Section 3(j) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012). On January 23, 2013, AFSCME filed timely exceptions to the RDO pursuant to Section 1200.135(a) of the Board's Rules and Regulations, 80 Ill. Admin. Code Parts 1200 through 1240. The Employer, the Department of Central Management Services (CMS) did not file a response. Based on a review of the record and AFSCME's exceptions and brief, we reject the exceptions and accept the RDO, thus finding the employee managerial and dismissing the petition. 
 Date Created:  11 18 2013 
 Agency ID:  Case No. S-RC-09-136 
 ISL ID:  000000047970   Original UID: 170060 FIRST WORD: Decisions 
171:

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 Michelle Owen issued a Recommended Decision and Order finding that designations made on behalf of the Governor by the Illinois Department of Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated seven staff attorney positions at the Illinois Department of Employment Security, all pursuant to Section 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-De-14-066 
 ISL ID:  000000047971   Original UID: 170061 FIRST WORD: Decisions 
172:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 27, 2013, Administrative Law Judge Thomas R. Allen issued a Recommended Decision and Order finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS (2012), were properly made. CMS's petition designated six positions at the Illinois Department of Employment Security, all pursuant to Section 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-065 
 ISL ID:  000000047975   Original UID: 170065 FIRST WORD: Decisions 
173:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 26, 2013, Administrative Law Judge (ALJ) Heather Sidwell issued a Recommenede Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated one position at the Illinois Emergency Management Agency, a Public Service Administrator Option 1 position held by Gene Felchner with the working title of Training and Exercise Program Manager. The designation was made pursuant to Section 6.1(b)(5) of the Act. 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-063 
 ISL ID:  000000047976   Original UID: 170066 FIRST WORD: Decisions 
174:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 23, 2013, Administrative Law Judge (ALJ) Martin Kehoe issued a Recommended Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated two positions at the Illinois Emergency Management Agency, one with the working title of Strategic Planning, and the other with the title Manager, Electronic Products. Both were designated pursuant to Section 6.1(b)(5). Neither postion has been certified into a collective bargaining unit, and neither is included in pending petitions for representation. 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-061 
 ISL ID:  000000047977   Original UID: 170067 FIRST WORD: Decisions 
175:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 26, 2013, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated 16 staff attorney positions at the Illinois Department of Human Services, all pursuant to Section 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-058 
 ISL ID:  000000047978   Original UID: 170068 FIRST WORD: Decisions 
176:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 23, 2013, Administrative Law Judge (ALJ) Elaine Tarver issued a Recommended Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated 5 positions at the Illinois Department of Human Services, all with title of Public Service Administrator, and all designated pursuant to Section 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-057 
 ISL ID:  000000047979   Original UID: 170069 FIRST WORD: Decisions 
177:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 Issuing Agency:   
 Description:  On September 23, 2013, Administrative Law Judge (ALJ) Heather R. Sidwell issued a Recommended Decision and Order (RDO) finding that designations made on behalf of the Governor by the Illinois Department of Central Management Services (CMS) pursuant to Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), were properly made. CMS's petition designated 3 positions at the Illinois Department of Corrections, all with the title of Public Service Administrator and with the working title of Health Care Unit Administrator. All designations were made pursuant to Seciton 6.1(b)(5). 
 Date Created:  10 21 2013 
 Agency ID:  Case No. S-DE-14-055 
 ISL ID:  000000047980   Original UID: 170070 FIRST WORD: Decisions 
178:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 November 
 Issuing Agency:   
 Description:  On November 13, 2013, the County of Will (Petitioner) filed a Petition for Strike Investigation with the State Panel of the Illinois Labor Relations Board (Board), pursuant to Section 18 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), as amended (Act), and Section 1230.190 of the Board's Rules and Regulations, 80 Ill. Admin. Code Section 1200 through 1240 (Rules). The Petitioner claims that a strike threatened by the American Federation of State, County and Municipal Employees, Council 31, (Union), the exclusive representative of a bargaining unit composed of certain of the Petitioner's employees, constitutes a clear and present danger to the health and safety of the public. 
 Date Created:  11 19 2013 
 Agency ID:  Case No. S-SI-14-001 
 ISL ID:  000000047992   Original UID: 170081 FIRST WORD: Decisions 
179:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 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 designed: 1) positions which were first certified to be in a bargaining unit by the Illinois Labor Relations Board on or after December 2, 2008, 20 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 already been certified to be in a collective bargaining unit. 
 Date Created:  10 17 2013 
 Agency ID:  Case No. S-DE-14-102 
 ISL ID:  000000047993   Original UID: 170082 FIRST WORD: Decisions 
180:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2013 October 
 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, and, of those, only 1,900 positions which have already been certified to be in a collective bargaining unit may be designated. 
 Date Created:  10 10 2013 
 Agency ID:  Case No. S-DE-14-101 
 ISL ID:  000000047994   Original UID: 170083 FIRST WORD: Decisions 
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