Department of Central Management Services v. Illinois Labor Relations Board

State: Illinois

Court: 4th District Appellate

Docket No: 4-09-0966 Official Reports

Case Date: 09/28/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Department of Central Management Services v. Illinois Labor Relations Board, State Panel, 2011 IL App (4th) 090966

Appellate Court Caption

THE DEPARTMENT OF CENTRAL MANAGEMENT SERVICES, Petitioner, v. THE ILLINOIS LABOR RELATIONS BOARD, STATE PANEL; JACKIE ZIMMERMAN, MICHAEL COLI, MICHAEL HADE, and ALBERT WASHINGTON, the Members of Said Board and Panel in Their Official Capacity Only; JOHN BROSNAN, in His Official Capacity Only as Illinois Labor Relations Board Executive Director; Administrative Law Judge COLLEEN HARVEY, in Her Official Capacity Only; THE LABORERS INTERNATIONAL UNION OF AMERICA, ILLINOIS STATE EMPLOYEES ASSOCIATION, LOCAL 2002; SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73; and THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31, Respondents.

District & No.

Fourth District Docket No. 4-09-0966 September 28, 2011 In proceedings on AFSCME's majority interest representation petition under the Illinois Public Labor Relations Act seeking to include certain employees of the Department of Central Management Services in an existing bargaining unit, the appellate court affirmed the Illinois Labor Relations Board's denial of an oral hearing to several disputed employees, but the denial of an oral hearing as to others was reversed, and the Board's finding that the employees who were granted an oral hearing should not be excluded under the Act was reversed.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Petition for review of order of Illinois Labor Relations Board, State Panel, Nos. S-RC-07-048, S-RC-08-074.

Judgment Counsel on Appeal

Affirmed in part and reversed in part; cause remanded with directions. Joseph M. Gagliardo, Mark W. Bennett, and Lawrence Jay Weiner (argued), Special Assistant Attorneys General, of Chicago, for petitioner. Jacob Pomeranz (argued) and Mark S. Stein, both of Cornfield & Feldman, of Chicago, for respondent American Federation of State, County, and Municipal Employees. Lisa Madigan, Attorney General, of Chicago (Michael A. Scodro, Solicitor General, and Paul Racette (argued), Assistant Attorney General, of counsel), for other respondents.

Panel

JUSTICE STEIGMANN delivered the judgment of the court, with opinion. Justices Appleton and Pope concurred in the judgment and opinion.

OPINION

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