City of St. Charles v. Illinois Labor Relations Board

State: Illinois

Court: 2nd District Appellate

Docket No: 2-08-0732 Rel

Case Date: 10/08/2009

Preview:No. 2--08--0732 Filed: 10-8-09 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE CITY OF ST. CHARLES, ) On Petition for Administrative Review ) from the Illinois Labor Relations Board, Petitioner, ) State Panel ) v. ) No. S--RC--07--103 ) ILLINOIS LABOR RELATIONS BOARD ) and METROPOLITAN ALLIANCE OF ) POLICE, ST. CHARLES SERGEANTS ) CHAPTER #28, ) ) Respondents. ) ______________________________________________________________________________ JUSTICE McLAREN delivered the opinion of the court: Petitioner, the City of St. Charles (City), directly appeals the Illinois Labor Relations Board (ILRB) ruling that the City's filing of exceptions to the recommended decision and order of the administrative law judge (ALJ) was untimely. We reverse the ILRB ruling and remand the cause for consideration on the merits of the exceptions. BACKGROUND In May 2007, the Metropolitan Alliance of Police, St. Charles Sergeants Chapter #28 (MAP), filed a majority-interest petition with the ILRB, seeking certification as the exclusive bargaining representative of a bargaining unit consisting of all full-time sworn police sergeants employed by the City, pursuant to section 9(a--5) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/9(a--5) (West 2006)). The ILRB held a hearing on September 7 and 10, 2007, and the ALJ

No. 2--08--0732 issued a recommended decision and order on June 4, 2008. On the same day, the decision and order were mailed by certified mail to the City, return receipt requested. On June 23, 2008, the City filed its exceptions via fax. In three letters to the City, all written on July 2, 2008, the ILRB's executive director stated that the United States Postal Service certified mail "green card" showed that the City received the ALJ's recommended decision and order on June 6, and he indicated that the exceptions should have been filed within 14 days, no later than June 20. He also stated that a party not filing timely exceptions waives its right to object to the recommended decision and order. He further stated that the ILRB does not have a three-day mailing rule; rather, he stated that section 1200.30(c) of title 80 of the Illinois Administrative Code (Code) (80 Ill. Adm. Code

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