Town of Cicero v. Illinois Ass'n of Firefighters

State: Illinois

Court: 1st District Appellate

Docket No: 1-01-3931 Rel

Case Date: 03/31/2003

FIRST DIVISION
MARCH 31, 2003

No. 1-01-3931

TOWN OF CICERO, a municipal
corporation,

Plaintiff-Appellee,

ILLINOIS ASSOCIATION OF
FIREFIGHTERS, IAFF LOCAL 717
AFL-CIO, CLC,

Defendant-Appellant.

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Appeal from the
Circuit Court of
Cook County.

No. 00 CH 17698

Honorable
Nancy J. Arnold,
Judge Presiding.

JUSTICE SMITH delivered the opinion of the court:

Defendant, Illinois Association of Fire Fighters, IAFF Local 717, AFL-CIO, CLC(Union), appeals from an order of the circuit court of Cook County which vacated and remandedan arbitral award in the Union's favor. The Union contends that the trial court erred in findingthe Arbitrator's award to have been arbitrary and capricious and in excess of his authority, andthat the scope of the trial court's review was impermissibly broad.

BACKGROUND

The Union is the exclusive bargaining representative of all firefighters employed byplaintiff, the Town of Cicero (Town). In the course of collective bargaining between the Unionand the Town over the terms of the Union's 1997 employment agreement, the parties reached animpasse with respect to the Union's proposal to eliminate the Town's residency requirement.

The preceding collective bargaining agreement between the parties contained thefollowing language with respect to residency:

"The Town of Cicero reserves the right to adopt a residency rule for employees covered under this collective bargaining agreement provided that no such rule, if adopted shall be enforced unless it is uniformly applied to all employees and officers of the Town.

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"The Town of Cicero reserves its right not to submit the issue residency to arbitration pursuant to [thepredecessor section to section 14 of the IPLRA]. Attached to this agreement is a copy of the Residency Ordinance for the Town of Cicero."

The Town's residency ordinance, in place since 1979, provides in pertinent part that:

"Sec.2-123. Residency requirement.

(a) All persons accepting appointment or employment with the town as officers, officials or employees,certified or non-certified, must make their residence and maintain their domicile within the Town of Cicero no later than six months after commencing their employment and keep such domicile during the term of the appointment or employment.

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(c) Failure *** to comply with the residency and domicile requirements will be sufficient cause for termination of employment or removal from service in a manner prescribed by law." Cicero Municipal Code