SiteTitle | • | Decisions and Opinions of the Illinois State Labor Relations Board | [X] |
| | 181: | | Title: | | | | | Volume/Number: | 2013 November | | | | Issuing Agency: | | | | | Description: | As we more fully explained in our recent decision in State of Illinois Department of Central Management Services and American Federation of State, County and Municipal Employees, Council 31, Case Nos. S-De-14-005 etc., 30 PERI 80 (IL LRB-SP Oct 7, 2013), appeal pending, No. 1-13-3454 (Ill. App. Ct, 1st Dist.), 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 the collective bargaining rights which might otherwise be available to State employees under Section 6 of the Act. The above-captioned cases, consolidated for purposes of determination by the Illinois Labor Relations Board, State Panel, all involve such designations made by the Illinois Department of Central Management Services (CMS) on behalf of the Governor of the State of Illinois. | | | | Date Created: | 11 19 2013 | | | | Agency ID: | Case No. S-DE-14-101; Case No. S-DE-14-102;Case No. S-DE-14-103; Case No. S-DE-14-104; Case No. S-DE-14-105;Case No. S-DE-14-106;Case No. S-DE-14-110 | | | | ISL ID: | 000000047995 Original UID: 170084 FIRST WORD: Decisions | |
| 182: | | Title: | | | | | Volume/Number: | 2013 October | | | | Issuing Agency: | | | | | Description: | On September 17, 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)(Act), were properly made. CMS's petition designated five attorney positions at the Illinois Department of Commerce and Economic Opportunity pursuant to Section 6.1(b)(5). No. individual employees filed objections pursuant to Section 1300.60 of the Rules and Regulations of the Illinois Labor Relations Board promulgated to implement Section 6.1, 80 Ill. Admin. Code Part 1300, but the American Federation of State, County and Municipal Employees, Council 31 (AFSCME) did, and upon the ALJ's issuance of her RDO, AFSCME also filed exceptions pursuant to Section 1300.130 of the Board's Rules. Although the ALJ ruled in its favor, CMS, too, filed exceptions. After reviewing these exceptions and the record, we accept the ALJ's recommendation for the reasons which follow. | | | | Date Created: | 10 20 2013 | | | | Agency ID: | Case No. S-DE-14-053 | | | | ISL ID: | 000000047996 Original UID: 170085 FIRST WORD: Decisions | |
| 183: | | Title: | | | | | Volume/Number: | 2013 October | | | | Issuing Agency: | | | | | Description: | On September 27, 2013, Administrative Law Judge Deena Sanceda 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 315 (2012), were properly made. CMS's petition designated 11 positions at its own agency, four with the title of Public Service Administrator Option 1, and seven with the title of Public Service Administrator Option 2. All designations were made pursuant to Section 6.1(b)(5). | | | | Date Created: | 10 20 2013 | | | | Agency ID: | Case No. S-DE-14-051 | | | | ISL ID: | 000000048005 Original UID: 170095 FIRST WORD: Decisions | |
| 184: | | Title: | | | | | Volume/Number: | 2013 October | | | | Issuing Agency: | | | | | Description: | On September 26, 2013, Administrative Law Judge Martin Kehoe issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel find that the Governor of the State of Illinois properly designated four employees classified as Public Service Administrator, Option 8L, and working as staff attorneys in the Department of Agriculture as exempt from collective bargaining pursuant to Section 6.1 of the Illinois Public Relations Act, 5 ILCS 315 (2012). | | | | Date Created: | 10 20 2013 | | | | Agency ID: | Case No. S-DE-14-050 | | | | ISL ID: | 000000048006 Original UID: 170096 FIRST WORD: Decisions | |
| 185: | | Title: | | | | | Volume/Number: | 2013 October | | | | Issuing Agency: | | | | | Description: | Public Act 97-1172 amended the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act), in a variety of ways, all with the effect of diminishing the number of employees of the State of Illinois in higher level positions with access to collective bargaining rights under Section 6 of the Act. Specifically at issue in this case is one method provided through the addition of Section 6.1. New Section6.1 authorizes the Governor to designate for exclusion from self-organization and collective bargaining rights up to 3,580 State employment positions within State agencies directly responsible to the Governor. 5 ILCS 315/6.1(a)(20122). These three consolidated cases present the issue whether that authority extends to positions within the Illinois Commerce Commission, the Illinois Workers' Compensation Commission, and the Illinois Pollution Control Board. It is undisputed that these three agencies are not, in fact, directly responsible to the Governor, and finding as we more fully explain below that the limiting phrase directly responsible to the Governor is unambiguous, we conclude that the Governor's authority under Section 6.1 does not extend to positions within these agencies. | | | | Date Created: | 10 15 2013 | | | | Agency ID: | Case No. S-DE-14-047; Case No. S-DE-14-083; Case No. S-DE-14-086 | | | | ISL ID: | 000000048007 Original UID: 170097 FIRST WORD: Decisions | |
| 186: | | Title: | | | | | 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-14-047 | | | | ISL ID: | 000000048008 Original UID: 170098 FIRST WORD: Decisions | |
| 187: | | Title: | | | | | Volume/Number: | 2013 October | | | | Issuing Agency: | | | | | Description: | On September 3, 2013, Administrative Law Judge Anna Humburg-Gal 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 315/6.1(2012), were properly made. The petition designated 44 positions at various State agencies with the title of either Private Secretary I or Private Secretary II. The Effect of the designation would be to preclude the occupants of such positions from collective bargaining rights that might otherwise be available pursuant to Section 6 of the Act. | | | | Date Created: | 10 15 2013 | | | | Agency ID: | Case No. S-DE-14-046 | | | | ISL ID: | 000000048009 Original UID: 170099 FIRST WORD: Decisions | |
| 188: | | Title: | | | | | Volume/Number: | 2013 October | | | | Issuing Agency: | | | | | Description: | On July 25, 2013, Executive Director Melissa Mlynski dismissed the unfair labor practice charge filed by the Amalgamated Transit Union, Local 1028, (Charging Party) in the above-referenced case. The Charging Party alleged that Pace Suburban Bus (Respondent) engaged in an unfair labor practice within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), when it required its supervisors to advise employees that they could no longer use leave granted under the Family and Medical Leave Act provision in the parties' collective bargaining agreement as an excusable absence. | | | | Date Created: | 10 23 2013 | | | | Agency ID: | Case No. S-CA-13-193 | | | | ISL ID: | 000000048010 Original UID: 170100 FIRST WORD: Decisions | |
| 189: | | Title: | | | | | Volume/Number: | 2013 October | | | | Issuing Agency: | | | | | Description: | On July 23, 2013, Executive Director Melissa Mlynski dismissed the unfair labor practice charge filed by the Metropolitan Alliance of Police, Chapter 351 (Charging Party) in the above-captioned case. The Charging Party alleged that the Village of Oak Lawn (Respondent) engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), when, shortly after the parties entered into a collective-bargaining agreement, Respondent informed Charging Party that it may have to outsource its telecommunication services, employees of which are represented by Charging Party. | | | | Date Created: | 10 23 2013 | | | | Agency ID: | Case No. S-CA-13-077 | | | | ISL ID: | 000000048011 Original UID: 170101 FIRST WORD: Decisions | |
| 190: | | Title: | | | | | Volume/Number: | 2013 October | | | | Issuing Agency: | | | | | Description: | On July 1, 2013, Administrative Law Judge Anna Hamburg-Gal issued a Recommended Decision and Order in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel (Board) find that the County of DuPage and the DuPage County Sheriff (Respondents) violated Section 10(a)(2) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act) by removing Deputy Sheriff Eric Koty from the DuPage County Sheriff's Special Operations Unit because he grieved Respondent's change of its overtime policy. | | | | Date Created: | 10 23 2013 | | | | Agency ID: | Case No. S-CA-12-177 | | | | ISL ID: | 000000048012 Original UID: 170102 FIRST WORD: Decisions | |
| 191: | | Title: | | | | | Volume/Number: | 2012 May | | | | Issuing Agency: | | | | | Description: | On March 7, 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 May 15, 2012 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. | | | | Date Created: | 05 15 2012 | | | | Agency ID: | Case No. S-CA-12-047; Case No. S-CA-12-049 | | | | ISL ID: | 000000048013 Original UID: 170103 FIRST WORD: Decisions | |
| 192: | | Title: | | | | | 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 Tri-State Professional Firefighters Union, Local 3165, IAFF (Charging Party) in the above-captioned case. The Charging Party alleged that the Tri-State Fire Protection District (Respondent) had engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315/10 (2012), as amended (Act). 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 1200.135. Respondent did not file a response. | | | | Date Created: | 08 08 2012 | | | | Agency ID: | Case No. S-CA-12-027 | | | | ISL ID: | 000000048014 Original UID: 170104 FIRST WORD: Decisions | |
| 193: | | Title: | | | | | Volume/Number: | 2012 May | | | | Issuing Agency: | | | | | Description: | On December 22, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Dottie Atterberry (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 failed to give her a salary step increase in accordance with two prior grievance settlements. | | | | Date Created: | 05 29 2012 | | | | Agency ID: | Case No. S-CA-12-022 | | | | ISL ID: | 000000048015 Original UID: 170105 FIRST WORD: Decisions | |
| 194: | | Title: | | | | | Volume/Number: | 2013 September | | | | Issuing Agency: | | | | | Description: | On July 15, 2013 Administrative Law Judge Kimberly Faith Stevens, 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 September 10, 2013 public meeting, the Board, having reviewed the matter, declined to take up on its own motion. | | | | Date Created: | 09 10 2013 | | | | Agency ID: | Case No. S-CA-12-017 | | | | ISL ID: | 000000048016 Original UID: 170106 FIRST WORD: Decisions | |
| 195: | | Title: | | | | | Volume/Number: | 2012 May | | | | Issuing Agency: | | | | | Description: | On January 10, 2012, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by Patrick C. Nickerson (Charging Party) in the above-captioned case. The Charging Party alleged that the Village of University Park (Respondent) engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), as amended (Act), when Respondent terminated his employment. | | | | Date Created: | 05 29 2012 | | | | Agency ID: | Case No. S-CA-12-011 | | | | ISL ID: | 000000048017 Original UID: 170107 FIRST WORD: Decisions | |
| 196: | | Title: | | | | | Volume/Number: | 2012 August | | | | Issuing Agency: | | | | | Description: | On May 11, 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 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-12-006; Case No. S-CA-12-018; Case No. S-CA-12-024; Case No. S-CA-12-104; Case No. S-CA-12-106; Case No. S-CA-12-108; Case No. S-CA-12-116 | | | | ISL ID: | 000000048018 Original UID: 170108 FIRST WORD: Decisions | |
| 197: | | Title: | | | | | Volume/Number: | 2012 May | | | | Issuing Agency: | | | | | Description: | On November 28, 2011, Executive Director John F. Brosnan issued a partial dismissal of unfair labor practice charges filed by Barbara Martenson (Charging Party) in the above-captioned case. The Charging Party alleged that the County of Boone and Boone County Sheriff (Respondent) violated Section 10(a)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), by discharging her from her employment as a dispatcher, and also violated Section 10(a)(1) in that it interfered with her rights under Section 6 by telling her and her co-workers to not discuss the then-pending investigation that ultimately led to Martenson's discharge. The Executive Director issued a complaint regarding the discharge, and also issued a complaint in companion Case No. S-CB-11-063 filed by Charging Party against her union, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1761, alleging a violation of Section 10(b) for its failure to advance grievances relating to her suspension and discharge. However, in the matter presently pending before us, the Executive Director also issued a partial dismissal, dismissing those aspects of the charge that related to the Respondent's order prohibiting Charging Party and the other employees from discussing the investigation. | | | | Date Created: | 05 14 2012 | | | | Agency ID: | Case No. S-CA-11-255 | | | | ISL ID: | 000000048019 Original UID: 170109 FIRST WORD: Decisions | |
| 198: | | Title: | | | | | Volume/Number: | 2013 April | | | | Issuing Agency: | | | | | Description: | On January 18, 2013 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 April 16, 2013 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. | | | | Date Created: | 04 16 2013 | | | | Agency ID: | Case No. S-CA-11-235 | | | | ISL ID: | 000000048021 Original UID: 170111 FIRST WORD: Decisions | |
| 199: | | Title: | | | | | Volume/Number: | 2012 March | | | | Issuing Agency: | | | | | Description: | On October 24, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed by the International Union of Operating Engineers, Local No. 150 (Charging Party) in the above-captioned case. The Charging Party alleged that the Village of Frankfurt (Respondent) violated Section 10(a)(4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2010), as amended (Act), by failing to execute a side letter to a collective bargaining agreement to which the parties had agreed. The Executive Director reformed the allegations to reflect a charged violation of Section 10(a)(7) rather than 10(a)(4). He then dismissed the charge in its entirety because a party can violate Section 10(a)(7) only if it refuses to sign an agreement after there has been a meeting of the minds on all terms, and he found no evidence the parties had reached a meeting of the minds. | | | | Date Created: | 03 26 2012 | | | | Agency ID: | Case No. S-CA-11-227 | | | | ISL ID: | 000000048022 Original UID: 170112 FIRST WORD: Decisions | |
| 200: | | Title: | | | | | Volume/Number: | 2011 December | | | | Issuing Agency: | | | | | Description: | On June 27, 2011, Executive Director John F. Brosnan dismissed the unfair labor practice charge filed in the above-captioned case by the Service Employees International Union, Local 73 (Charging Party) against the City of Hickory Hills (Respondent). Charging Party had alleged violations of Section 10(a)(4) and (1) of the Illinois Public Relations Act, 5 ILCS 315 (2010) as amended (Act), relating to the Respondent's implementation of light work duties. | | | | Date Created: | 01 04 2012 | | | | Agency ID: | Case No. S-CA-11-205 | | | | ISL ID: | 000000048023 Original UID: 170113 FIRST WORD: Decisions | |
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