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341:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 December 
 Issuing Agency:   
 Description:  Amalgamated Transit Union, Local 241-vs- PACE West Division: On October 16, 2012, 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 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 2012 
 Agency ID:  Case No. S-CA-09-193 
 ISL ID:  000000050240   Original UID: 171181 FIRST WORD: Decisions 
342:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 October 
 Issuing Agency:   
 Description:  Metropolitan Alliance of Police Northern Illinois University, Chapter #291 -vs- Board of Trustees of Northern Illinois University: On July 29, 2011, Administrative Law Judge Sharon B. 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 October 4, 2011 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  10 06 2011 
 Agency ID:  Case No. S-CA-09-137 
 ISL ID:  000000050241   Original UID: 171182 FIRST WORD: Decisions 
343:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 April 
 Issuing Agency:   
 Description:  Metropolitan Alliance of Police, Ford Heights chapter #243 -vs- Village of Ford Heights: Petitioner Village of Ford Heights (Village) entered into a two-year intergovernmental agreement (IGA) with the County of Cook and the Cook County Sheriff's Department (collectively, Cook County) without bargaining over that decision with the collective bargaining representative, respondent Metropolitan Alliance of Police, Ford Heights Chapter #243 (Union). The net effect of the IGA was dissolution of the Ford Heights Police Department and termination of four members of the bargaining unit. Under the IGA, Cook County assumed all law enforcement duties formerly conducted by the Village's police department exchange for a $3,000 monthly stipend. The respondent Illinois Labor Relations Board (Board) found the Village committed an unfair labor practice by unilaterally entering into the IGA agreement because in IGA was a mandatory subject of bargaining. The Board ordered the Village to rescind the IGA and to make whole the members of the bargaining unit. The Village claims the Board committed clear error by determining that the benefits of bargaining outweighed the burdens that bargaining would impose on the Village's inherent managerial authority. 
 Date Created:  07 02 2012 
 Agency ID:  Case No. S-CA-09-055; No. 1-11-0284 
 ISL ID:  000000050242   Original UID: 171183 FIRST WORD: Decisions 
344:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 July 
 Issuing Agency:   
 Description:  Service Employees International Union, Local 73 -vs-New Lenox Fire Protection District: On April 12, 2011, Administrative Law Judge Deanne Rosenbaum, 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 July 12, 2011 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  07 20 2011 
 Agency ID:  Case No. S-CA-09-045 
 ISL ID:  000000050243   Original UID: 171184 FIRST WORD: Decisions 
345:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 November 
 Issuing Agency:   
 Description:  Christine Johnson -vs- First Transit/River Valley Metro: The River Valley Metro Mass Transit District (District) is a political subdivision created to provide public transportation within the District's political boundaries. The District contracted with Laidlaw Services, Inc., who subsequently sold its business and assigned the contract to First Group, plc, a parent corporation of First Transit, Inc. (First Transit), to provide public transportation within the District. Christine Johnson was a bus driver, employed by First Transit, whose route operated out of the District's Bourbonnais facility. 
 Date Created:  11 24 2011 
 Agency ID:  Case No. S-CA-09-037; No. 3-10-0435 
 ISL ID:  000000050244   Original UID: 171185 FIRST WORD: Decisions 
346:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 September 
 Issuing Agency:   
 Description:  Oak Lawn professional Fire Fighters Association, Local 3405, International Association of Fire Fighters and Village of Oak Lawn: Petitioner, the Village of Oak Lawn, appeals from an order of the Illinois Labor Relations Board, State Panel (Board), in which it determined that petitioner had violated sections 10(a)(1) and 10(a)(4) of the Illinois Labor Relations Act (Act)(5 ILCS 315/10(a)(1), (a)(4)(West 2006)) by failing to bargain in good faith over a provision in its collective bargaining agreement with the Oak Lawn Professional Firefighters Association, Local 3405, International Association of Firefighters (Union). On appeal, petitioner contends that the Board erred in determining that it engaged in an unfair labor practice by refusing to bargain with Union where the provision at issue did not concern a mandatory bargaining subject. 
 Date Created:  01 14 2012 
 Agency ID:  Case No. S-CA-09-007; No. 1-10-3417 
 ISL ID:  000000050273   Original UID: 171215 FIRST WORD: Decisions 
347:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 January 
 Issuing Agency:   
 Description:  Markham Professional Firefighters Association, Local 3209 IAFF and City of Markham: On September 23, 2011, Administrative Law Judge (ALJ) Sharon B. Wells issued a Recommended Compliance Decision and Order (Compliance RDO) in the above-captioned matter, recommending that the Illinois Labor Relations Board, State Panel, find that the City of Markham (Respondent) had failed to comply with an earlier Board order. ALJ Wells ordered the Respondent to take certain affirmative actions and to reimburse the Markham Professional Firefighters Association, IAFF, Local 3209 (Charging Party) for its costs and reasonable attorney's fees relating to compliance proceedings. Respondent filed exceptions to ALJ Wells' Compliance RDO, pursuant to Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code [sec.]1200.135. Charging Party filed a response. After reviewing the original order issued concerning the merits in this case, the Compliance RDO, exceptions, supporting brief, and response, we adopt the ALJ's Compliance RDO with only a slight revision. 
 Date Created:  01 27 2012 
 Agency ID:  Case No. S-CA-09-001-C 
 ISL ID:  000000050274   Original UID: 171216 FIRST WORD: Decisions 
348:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 March 
 Issuing Agency:   
 Description:  Oak Lawn Profesional Firefighters Association Local 3405, IAFF and Village of Oak Lawn:On August 15, 2011, Administrative Law Judge (ALJ) Philip M Kazanjian issued a Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel (Board), find that the Village of Oak Lawn (Respondent or Employer) violated Section 10(a)(2) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) as amended (Act), by laying off three firefighters and eliminating three additional vacant firefighter positions in retaliation for the Oak Lawn Professional Firefighters Association, Local 3405, IAFF (Charging Party or Union), having filed grievances and collectively bargained on behalf of Respondent's firefighters. 
 Date Created:  03 05 2012 
 Agency ID:  Case No. S-CA-08-271 
 ISL ID:  000000050275   Original UID: 171217 FIRST WORD: Decisions 
349:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 January 
 Issuing Agency:   
 Description:  James Pino and Village of Oak Park: On October 11, 2011, Administrative Law Judge (ALJ) Martin Kehoe issued a Recommended Decision and Order (RDO) in the above-captioned matter, recommending that the Illinois Labor Relations Board, State Panel (Board), dismiss an unfair labor practice complaint filed against the Village of Oak Park (Respondent). The complaint had alleged Respondent violated Sections 10(a)(2) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) as amended (Act), by terminating the employment of James Pino (Charging Party). 
 Date Created:  01 27 2012 
 Agency ID:  Case No. S-CA-08-131 
 ISL ID:  000000050276   Original UID: 171218 FIRST WORD: Decisions 
350:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 April 
 Issuing Agency:   
 Description:  Department of Central Management Services (Department of Human Services) and American Federation of State, County and Municipal Employees, Council 31 and Deborah Daniels, George Dirks, Jayne Halcomb, Alex Jordan, Cassandra Laird, Debrar Murrill, Kelly Schultz, Steve Totten: Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), allows the Governor to designate certain employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be available under Section 6 of the Act. This case involves such designations made on the Governors behalf by the Illinois Department of Central Management Services (CMS). On March 21, 2014, Administrative Law Judge (ALJ) Michelle Owen issued a Recommended Decision and Order (RDO) in this case, finding that the designations were properly made. 
 Date Created:  04 10 2014 
 Agency ID:  Case No. S-DE-14-222 
 ISL ID:  000000050277   Original UID: 171219 FIRST WORD: Decisions 
351:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 February 
 Issuing Agency:   
 Description:  Service Employees International Union, Local 73 and New Lenox Township Fire Protection District: On October 27, 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-CA-07-209 
 ISL ID:  000000050278   Original UID: 171220 FIRST WORD: Decisions 
352:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2010 November 
 Issuing Agency:   
 Description:  Service Employees International Union, Local 73 and Illinois State Toll Highway Authority: Respondent Service Employees International Union, Local 73 (the Union), filed an unfair labor practice charge against petitioner, the Illinois State Toll Highway Authority (The Tollway). The Union charged that the Tollway violated an employee's right to union representation under National Labor Relations Board v. J. Weingarten, Inc., 420 U.S. 251, 43 L. Ed. 2d 171, 95 S. Ct. 959(1975), and sections 10(a)(1) and (a)(4) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/10(a)(1), 10(a)(4) (West 2008)), by not providing the employee with advance notice about the topic of investigation before the Tollway conducted an investigative interview. Respondent Illinois Labor Relations Board, State Panel (ILRB), determined that, although a union representative was provided to the employee during the investigative interview, the Tollway's failure to provide advance notice about the topic of the interview violated her right to meaningful union representation and constituted an unfair labor practice. The Tollway appeals. We hold that, while the ILRB correctly determined that the employee was entitled to advance notice about the subject matter of the interview, she was also required to request such advance notice. We therefore set aside the ILRB's order. 
 Date Created:  01 04 2011 
 Agency ID:  Case No. S-CA-07-155; No. 2-09-0763 
 ISL ID:  000000050279   Original UID: 171221 FIRST WORD: Decisions 
353:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 January 
 Issuing Agency:   
 Description:  International Union of Operating Engineers, Local 150 and Town of Cicero: On July 16, 2010, Administrative Law Judge Philip M. Kazanjian issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, find that the Town of Cicero (Respondent(, did not violate Section 10(a)(2) and derivatively, (1) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a)(1), (2)(2008), when it discharged two employees of its Public Works Department. Accordingly, he recommended that the Board dismiss the unfair labor practice complaint. 
 Date Created:  02 01 2011 
 Agency ID:  Case No. S-CA-06-307 
 ISL ID:  000000050280   Original UID: 171222 FIRST WORD: Decisions 
354:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2010 December 
 Issuing Agency:   
 Description:  Urszula T. Panikowski and PACE Northwest Division: Petitioner Pace Suburban Bus Service, a division of the Regional Transportation Authority, d/b/a Pace Northwest Division (Pace), appeals from a decision and order of the Illinois Labor Relations Board, State Panel (Board), finding that Pace violated section 10(a)(1) of the Illinois Public Labor Relations Act (Act)(5 ILCS 315/10(a)(1)(West 2008)) by discharging respondent, Urszula Panikowski, in retaliation for filing a grievance for reinstatement in 1999. On appeal, Pace contends that this court should reverse the Board because: (1) Panikowski failed to prove that her discharge was motivated by antiunion animus; (@) the Board's order was based solely on a finding that Pace offered shifting explanations for discharging Panikowski, which alone is not sufficient to establish that it had an improper motive for discharging Panikowski; (3) the Board erred in refusing to consider Pace's argument that it had a legitimate business reason for discharging Panikowski; and (4) the Board improperly relied on evidence of conduct that occurred outside of the Act's six-month statute of limitations. 
 Date Created:  05 13 2011 
 Agency ID:  Case No. S-CA-05-217; No. 1-09-2582 
 ISL ID:  000000050281   Original UID: 171223 FIRST WORD: Decisions 
355:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2012 January 
 Issuing Agency:   
 Description:  John Gaw,and Chris Loudon -vs- Village of Lisle: On September 21, 2011, Administrative Law Judge Philip Kazanjian, 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 January 10, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  01 11 2012 
 Agency ID:  Case No. S-CA-05-009; Case No. S-CA-05-039 
 ISL ID:  000000050282   Original UID: 171224 FIRST WORD: Decisions 
356:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:   
 Description:  Policemen's Benevolent Labor Committee -vs- City of Ottawa: On April 14, 2009, a Decision and Order of the Illinois Labor Relations Board, State Panel (Board) issued in the above-referenced matter. The Board found that the City of Ottawa (Respondent) had violated Section 10(a)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(a)(2010), when it terminated the employment of probationary patrol officer Mark Manicki pursuant to information obtained during an investigatory interview at which Manicki requested but was denied union representation. Consiquently, the Board ordered Respondent to (1) cease and desist from denying Manicki and any other employee the right to union representation at an investigatory interview as provided for by the Act; (2) post a notice to employees regarding the Board's decision; and (3) award Manicki reinstatement, back pay, lost benefits, and expungement of his disciplinary record. 
 Date Created:  06 18 2011 
 Agency ID:  Case No. S-CA-04-193; Case No. S-CA-04-233 
 ISL ID:  000000050283   Original UID: 171225 FIRST WORD: Decisions 
357:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2011 June 
 Issuing Agency:   
 Description:  Policemen's Benevolent and Protective Association Labor Committee and City of Bloomington: City of Bloomington (City) seeks direct administrative review of a decision of the Illinois Labor Relations Board, State Panel (Board), that granted a motion by The Policemen's Benevolent and Protective Association Labor Committee (Union) for attorney fees and costs against the City. The City argues (1) the Union failed to serve its motion on the City and (2) the Board's award had no basis. Policemen's Benevolent & Protective Ass'n Labor Committee, 26 PERI 99, No. S-CA-04-120 (ILRB, State Panel, Aug. 27, 2010)(hereinafter 26 PERI 99). 
 Date Created:  11 16 2011 
 Agency ID:  Case No. S-CA-04-120; No. 4-10-0778 
 ISL ID:  000000050284   Original UID: 171226 FIRST WORD: Decisions 
358:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 April 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 and City of Clinton (Dr. John Warner Hospital): Petitioners, the City of Clinton/Dr. John Warner Hospital (Hospital), seek administrative review of a decision of the Illinois Labor Relations Board, State Panel (Board), finding the Hospital committed an unfair labor practice and violated sections 10(a)(4) and (a)(1) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/10(a)(4), (a)(1)(West 2010) when it refused to reinstate an employee pursuant to the terms of a grievance settlement agreement with the American Federation of State, County and Municipal Employees, Council 31 (Union). American Federation of State, County and Municipal Employees, Council 31, Charging Party and City of Clinton (Dr. John Warner Hospital), Respondent, 29 PERI 167, No. S-CA-11-148 (ILBR, State Panel, Apr. 10, 2013)(hereinafter 29 PERI 167). On review, the Hospital argues the grievance settlement agreement contained terms that were disputed and ambiguous, and the proper forum for determining whether a contractual breach occurred was in the circuit court pursuant to section 16 of the Act (5 ILCS 315/16 (West 2010)). It also contends the Board's decision is against public policy. 
 Date Created:  04 18 2014 
 Agency ID:  Case No. S-CA-11-148; No. 4-13-0304 
 ISL ID:  000000050390   Original UID: 171326 FIRST WORD: Decisions 
359:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 April 
 Issuing Agency:   
 Description:  Department of Central Management Services (Department of Agriculture) and American Federation of State, County and Municipal Employees, Council 31 and Robert Dowson; Kimberly Hamilton: Section 6.1 of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), allows the Governor to designate certain employment positions with the State of Illinois as excluded from collective bargaining rights which might otherwise be available under Section 6 of the Act. This case involves such designations made on the Governors behalf by the Illinois Department of Central Management Services (CMS). On March 14, 2014, Administrative Law Judge (ALJ) Sarah R. Kerley issued a Recommended Decision and Order (RDO) in this case, finding that the designations were properly made. 
 Date Created:  04 21 2014 
 Agency ID:  Case No. S-DE-14-224 
 ISL ID:  000000050400   Original UID: 171336 FIRST WORD: Decisions 
360:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:    
 Issuing Agency:   
 Description:  Charging Party, Deborah Ann Threlkeld, filed an unfair labor practice charge with the Illinois Labor Relations Board, Local Panel, alleging that Respondent, American Federation of State, County and Municipal Employees, Council 31, breached its duty of fair representation in violation of Sections 10(b)(1), (3) & (6) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010) as amended (Act). She alleged she had filed a race discrimination charge with the Equal Employment Opportunity Commission against Respondent, and subsequently Respondent had improperly processed her grievances concerning her employer's temporarily filling a vacancy with a less senior employee. 
 Date Created:  03 22 2012 
 Agency ID:  Case No. L-CB-12-010 
 ISL ID:  000000050404   Original UID: 171340 FIRST WORD: Decisions 
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