| 1: | | Title: | | | | Volume/Number: | 2014 February | | | Issuing Agency: | | | | Description: | American Federation of State, County and Municipal Employees, Council 31 -vs- Department of Central Management Services (Illinois Commerce Commission): On February 27, 2013, Administrative Law Judge (ALJ) Heather Sidwell issued a Recommended Decision and Order addressing a petition filed by the American Federation of State, County and Municipal Employees, Council 31 (Petitioner of Union) that sought to add sic employees of the State of Illinois, Department of Central Management Services (Employer), in the job title Director at the Illinois Commerce Commission (ICC), to the RC-63 bargaining unit. The ALJ recommended that the Illinois Labor Relations Board, State Panel, find that Jerry Oxley and Peter Muntaner are managerial employees within the meaning of Section 3(j) of the Illinois Public Labor Relations Act, 5 ILCS 315 (2012), who should be excluded from collective bargaining. Further, she recommended that Torsten Clausen should be excluded on the basis that he is managerial as a matter of law. Next, she recommended that the Board find that Harry Stoller, joy Nicdao-Cuyugan, and Jim Zolnierek are public employees within the meaning of Section 3(n) of the Act, whose positions should be added to the unit. Finally, she rejected the Employer's contentions that ahy of the petitioned-for employees are supervisory or confidential employees within the meaning of Sections 3(r) and 3(c) of the Act, or because they are excluded from certain protections of the Personnel Code, 20 ILCS 415 (2012), and/or exempt from the requirements arising out of the Supreme Court's ruling in Rutan v. Republican Party of Ill., 497 U.S. 62(1990). | | | Date Created: | 02 14 2014 | | | Agency ID: | Case No. S-RC-11-078 | | | ISL ID: | 000000048417 Original UID: 170664 FIRST WORD: Decisions | |
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