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Illinois Labor Relations Board[X]
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521:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Service Employees International Union, Local 73 -vs- Village of Lombard: On July 8, 2013, Administrative Law Judge Kimberly Faith Stevens issued a Recommended Decision and Order in the above-captioned case in which she found that individuals employed by the Village of Lombard (Respondent) in the classifications of Management Analyst and Customer Service Supervisor were supervisors within the meaning of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012). Accordingly, the Administrative Law Judge recommended that the unit clarification petition filed be the Service Employees International Union, Local 73, (Petitioner) seeking to include those classifications in an existing bargaining unit be dismissed. Thereafter, in accourdance with Section 1200.135 of the Rules and Regulations of the Illinois Labor Relations Board, 80 Ill. Admin. Code Parts 1200 through 1240, Petitioner filed timely exceptions to the Recommended Decision and Order. Respondent filed a timely response and cross-exceptions and responses, we adopt the Administrative Law Judge's Recommended Decision and Order as modified below. 
 Date Created:  01-08-2015 
 Agency ID:  Case No. S-UC-13-011 
 ISL ID:  000000052941   Original UID: 174165 FIRST WORD: Decisions 
522:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 July 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- Illinois Labor Relations Board, State Panel; the State of Illinois and the Treasurer of the State of Illinois: Petitioner, American Federation of State, County and Municipal Employees, Council 31 (Union), is the union that represented a State of Illinois employee in the position of Information Systems Analyst II (ISA II) who was excluded from the collective-bargaining unit when the respondent, Illinois Labor Relations Board (Board), granted a petition filed by the respondent, Treasurer of the State of Illinois (Treasurer), seeking to exclude any incumbent in that position from Union membership because it is a confidential employee position within the meaning of section 3(c) of the Illinois Public Labor Relations Act (5 ILCS 315/3(c)(West 2012)) (Act). The issue before this court is whether the Board erred in finding that the ISA II position qualifies as a confidential employee position under the Act. For the reasons explained below, we conclude that the Board's decision was clearly erroneous and accordingly reverse. 
 Date Created:  07-08-2014 
 Agency ID:  Case No. S-UC-12-056; 2014 IL App (1st) No. 1-13-2455 
 ISL ID:  000000052942   Original UID: 174166 FIRST WORD: Decisions 
523:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 December 
 Issuing Agency:   
 Description:  Illinois Council of Police -vs- Village of Robbins: On October 31, 2014, 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 December 16, 2014 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  12-18-2014 
 Agency ID:  Case No. S-RC-15-023 
 ISL ID:  000000053101   Original UID: 174354 FIRST WORD: Decisions 
524:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 December 
 Issuing Agency:   
 Description:  Illinois Council of Police, Village of Lyons; Illinois Fraternal Order of Police, Labor Council -vs- Metropolitan Alliance of Police, Lyons Chapter #705; Aaron Gatterdam: On August 29, 2014, Administrative Law Judge (ALJ) Deena Sanceda issued a Recommended Decision and Order (RDO) in the above-referenced case, recommending that the Illinois Labor Relations Board, State Panel, find that ballots challenged during an election were case by eligible voters and therefore should be opened and counted in determining the exclusive representative of a certified bargaining unit. The Metropolitan Alliance of Police, Lyons Chapter No. 705, filed exceptions to the ALJ's RDO pursuant to Section 1200.135 of the Board's Rules and Regulations, 80 Ill. Admin. Code Parts 1200 through 1300, and the Illinois Council of Police filed a response and cross-exceptions. Based on our review of the RDO, exceptions, cross-exceptions, and record, we affirm the RDO with only slight modification, and order that the challenged ballots be opened and the vote re-tallied, 
 Date Created:  12-26-2014 
 Agency ID:  Case No. S-RC-14-073 
 ISL ID:  000000053102   Original UID: 174355 FIRST WORD: Decisions 
525:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 February 
 Issuing Agency:   
 Description:  Teamsters Automotive, Petroleum and Allied Trades Local Union 50 -vs- County of Jefferson and Sheriff of Jefferson County: On December 15, 2014, Administrative Law Judge Katherine C. Vanek, 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 10, 2015 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  02-10-2015 
 Agency ID:  Case No. S-RC-14-058 
 ISL ID:  000000053103   Original UID: 174356 FIRST WORD: Decisions 
526:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Illinois Fraternal Order of Police, Local Council -vs- Village of Campton Hills: On November 3, 2014, Administrative Law Judge (ALJ) Sarah R. Kerley issued a Recommended Decision and Order (RDO) in the above-captioned case, recommending that the Illinois Labor Relations Board, State Panel, certify a bargaining unit of all full-time sworn officers below the renk of sergeant employed by the Village of Campton Hills (Employer). She recommended the Board exclude from that unit Sergeant Robert Reichardt because he is a supervisor within the meaning of Section 3(r) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), and therefore not a public employee withing the meaning of Section 3(n) of that Act. 
 Date Created:  01-26-2015 
 Agency ID:  Case No. S-RC-14-015 
 ISL ID:  000000053104   Original UID: 174357 FIRST WORD: Decisions 
527:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 December 
 Issuing Agency:   
 Description:  International Brotherhood of Teamsters, Local 73 -vs- Village of Elburn: On October 21, 2014, Administrative Law Judge Sarah R. Kerley, 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 16, 2014 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  12-18-2014 
 Agency ID:  Case No. S-RC-14-007 
 ISL ID:  000000053106   Original UID: 174358 FIRST WORD: Decisions 
528:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 October 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- Illinois Labor Relations Board, State Panel, Department of Central Management Service (Illinois Commerce Commission): This case involves the application of the managerial employee exception codified in section 3(n) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/3(n) (West 2010)). The Illinois Labor Relations Board (Board) certified the American Federation of State, County and Municipal Employees, Council 31 (AFSCME) as the sole bargaining representative for eight administrative law judges (ALJs), all of whom work at the Illinois Commerce Commission (Commission). The Department of Central Management Services (CMS) filed a petition in the appellate court seeking review of the Board's order certifying AFSCME as the exclusive representative of the eight ALJs. The appellate court reversed the Board's certification order and remanded the case to the Board of an evidentiary hearing to determine whether the subject ALJs III and IV are managerial employees. Department of Central Management Services/Illinois Commerce Commission v. Illinois Labor Relations Board, State Panel, 406 Ill. app. 3d 766 (4th Dist. 2010). On remand, the Board conducted a two-day evidentiary hearing and determined that the ALJs fell within the Act's definition for managerial employees. 5 ILCS 315/3(j) (West 2010). 
 Date Created:  10-24-2014 
 Agency ID:  IL App (1st) No. 1-12-3426; Case No. S-RC-10-034; Case No. S-RC-10-036 
 ISL ID:  000000053107   Original UID: 174359 FIRST WORD: Decisions 
529:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Baldemar Ugarte Avila -vs- American Federation of State, County and Municipal Employees, Council 31: On October 1, 2014, Charging Party, Baldemar Ugarte Avila, filed an unfair labor practice charge against his certified bargaining representative, the American Federation of State, County and Municipal Employees, Council 31 (Union), in which he alleged that the Union engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act), when in 2003 it settled a grievance advanced on Avila's behalf. 
 Date Created:  01-27-2015 
 Agency ID:  Case No. S-CB-15-004 
 ISL ID:  000000053108   Original UID: 174360 FIRST WORD: Decisions 
530:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Monica Barry -vs- American Federation of State, County and Municipal Employees, Council 31: On November 17, 2014, Executive Director Melissa Mlynski issued a Dismissal, dismissing a charge filed by Monica Barry (Charging Party) in Case No. S-CB-15-002. Barry alleged that her union, the American Federation of State, County and Municipal Employees, Council 31 (Respondent), violated Section 10(b)(1) of the Illinois Public Labor Relations Act, 5 ILCS 315/10(b)(1) (2012) in that its failure to attain a medical accommodation for her constituted a failure to provide fair representation. 
 Date Created:  01-26-2015 
 Agency ID:  Case No. S-CB-15-002 
 ISL ID:  000000053109   Original UID: 174361 FIRST WORD: Decisions 
531:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 December 
 Issuing Agency:   
 Description:  City of Rockford -vs- Policemen's Benevolent and Protective Association: On October 21, 2014, the Illinois Labor Relations Board's Executive Director, Melissa Mlynski, dismissed the unfair labor practice charge filed by the City of Rockford (Charging Party) in the above-captioned case. The charge alleged that the Policemen's Benevolent and Protective Association (Respondent or Union) violated Sections 10(b)(1) and (2) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2012) when it filed a complaint with the City's Board of Fire and Police Commissioners alleging that the City's Chief of Police, Chester Epperson, violated various departmental rules. 
 Date Created:  12-22-2014 
 Agency ID:  Case No. S-CB-14-033 
 ISL ID:  000000053110   Original UID: 174362 FIRST WORD: Decisions 
532:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 February 
 Issuing Agency:   
 Description:  City of Springfield -vs- Policemen's Benevolent and Protective Association, Unit No. 5.: On November 26, 2014, Executive Director Melissa Mlynski dismissed a charge filed by the City of Springfield (Employer of Charging Party) on October 21, 2013, which alleged that the Policemen's Benevolent and Protective Association, Unit No. 5 (Respondent or Union) engaged in unfair labor practices within the meaning of Section 10(b) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012)(Act), when it (1) negotiated a memorandum of understanding (MOU) modifying language in the parties' collective bargaining agreement addressing the City's obligation to expunge disciplinary records and when it (2) subsequently refused to renegotiate the agreement after the parties executed it. 
 Date Created:  02-13-2015 
 Agency ID:  Case No. S-CB-14-008 
 ISL ID:  000000053111   Original UID: 174363 FIRST WORD: Decisions 
533:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 November 
 Issuing Agency:   
 Description:  Tri-State Fire Protection District -vs- Tri-State Professional Firefighters Union, Local 3165, IAF: FOn March 14, 2014, Administrative Law Judge (ALJ) Martin Kehoe issued a Recommended Decision and Order (RDO), finding that Respondent Tri-State Professional Firefighters Union, Local 3165, IAFF, violated Section 10(b)(4) of the Illinois Public Labor Relations Act, 5 ILCS 315 (Act), when it (1) failed and refused to meet at resonable times and places with representatives of the Charging Party, Tri-State Fire Protection District, for the purpose of negotiating a successor collective bargaining agreement and (2) failed to appoint representatives with sufficient authority to negotiate a successor collective bargaining agreement in good faith. the ALJ found no violation of the Act with respect to Charging Party's allegation that Respondent had reneged on a grievance settlement agreement. 
 Date Created:  11-07-2014 
 Agency ID:  Case No. S-CB-13-033 
 ISL ID:  000000053171   Original UID: 174428 FIRST WORD: Decisions 
534:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Baldemar ugarte Avila -vs- Department of Central Management Services: On October 1, 2014, Charging Party, Baldemar Ugate Avila, filed an unfair labor practice charge against his employer the State of Illinois, Department of Central Management Service (Employer), in which he alleged that the Employer engaged in unfair labor practices within the meaning of Section 10(a) of the Illinois Labor Relations Act, 5 ILCS 315 (2012), (Act0, when in 2002 and 2003 it denied Avila's request for an employment accommodation. 
 Date Created:  01-27-2015 
 Agency ID:  Case No. S-CA-15-042 
 ISL ID:  000000053172   Original UID: 174429 FIRST WORD: Decisions 
535:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Byron Fire Protection District -vs- Byron Firefighters International Association of Firefighters, Local 4775: On November 13, 2014, Executive Director Melissa Mlynsky dismissed a charge filed by the Byron Firefighters International Association of Firefighters, Local 4775 (Union or Charging Party) on June 26, 2014, which alleged that the Byron Fire Protection District (Respondent) engaged in unfair labor practices within the meaning of Sections 10(a)(4) and (1) of the Illinois Public Labor Relations Art, 5 ILCS 315 (2012) (Act), when it unilaterally changed benefits bargaining for by the Union and thereby repudiated the parties' collective bargaining agreement. 
 Date Created:  01-27-2015 
 Agency ID:  Case No. S-CA-14-251 
 ISL ID:  000000053174   Original UID: 174431 FIRST WORD: Decisions 
536:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 February 
 Issuing Agency:   
 Description:  International Union of Operating Engineers, Local 150 -vs- County of Mercer and Sheriff of Mercer County: On December 11, 2014, Administrative Law Judge Sarah R. Kerley, 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 10, 2015 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  02-10-2015 
 Agency ID:  Case No. S-CA-14-150 
 ISL ID:  000000053175   Original UID: 174432 FIRST WORD: Decisions 
537:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2014 September 
 Issuing Agency:   
 Description:  American Federation of State, County and Municipal Employees, Council 31 -vs- Department of Central Management Services: On May 27, 2014, American Federation of State, County and Municipal Employees, Council 31 (AFSCME or Charging Party) filed an unfair labor practice charge with the State Panel of the Illinois Labor Relations Board (Board), in Case No. S-CA-14-142, alleging that the State of Illinois, Department of Central Management Services (Employer or Respondent) violated Section 10(a) of the Illinois Public Labor Relations Act (Act), 5 ILCS 315 (2012), as amended. After an investigation conducted in accordance with Section 11 of the Act, I determined that the charge should be deferred until the parties have exhausted the contractual grievance procedure. 
 Date Created:  09-26-2014 
 Agency ID:  Case No. S-CA-14-142 
 ISL ID:  000000053177   Original UID: 174434 FIRST WORD: Decisions 
538:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 February 
 Issuing Agency:   
 Description:  International Union of Operating Engineers, Local 150 -vs- County of Mercer and Sheriff of Mercer County: On December 22, 2014 Administrative Law Judge Sarah R. Kerley, 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 10, 2015 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  02-10-2015 
 Agency ID:  Case No. S-CA-14-136 
 ISL ID:  000000053178   Original UID: 174435 FIRST WORD: Decisions 
539:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Chicago Regional Council of Carpenters, Local 790 -vs- Carroll County Circuit Court Clerk: On October 27, 2014 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 January 13, 2015 public meeting, the Board, having reviewed the matter, declined to take it up on its own motion. 
 Date Created:  01-13-2015 
 Agency ID:  Case No. S-CA-14-095 
 ISL ID:  000000053181   Original UID: 174438 FIRST WORD: Decisions 
540:

Title:  

Decisions and Opinions of the Illinois State Labor Relations Board

 
 Volume/Number:  2015 January 
 Issuing Agency:   
 Description:  Wheaton Firefighters Union, Local 3706, IAFF -vs- City of Wheaton: On Auguest 15, 2014, Administrative Law Judge (ALJ) Anna Hamburg-Gal issued a Recommended Decision and Order (RDO) in this case, recommending that the Board find that Respondent, City of Wheaton (Employer), did not violate Sections 10(a)(4) and (1) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), when it submitted its health care and subcontracting proposals to an interest arbitrator -- proposals which Charging Party, Wheaton Firefighters Union, Local 3705, IAFF (Union), claims are merely premissive rather than mandatory subjects of bargaining. The ALJ found that the subcontracting proposal was a mandatory subject of bargaining, but that the health care proposal was indeed a permissive subject of bargaining. Nevertheless, she found that the submission of a permissive subject of bargaining to interest arbitration did not violate the Act. The ALJ further recommended that the Board deny a motion for sanctions filed by the Charging Party. 
 Date Created:  01-26-2015 
 Agency ID:  Case No. S-CA-14-067 
 ISL ID:  000000053183   Original UID: 174440 FIRST WORD: Decisions 
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