Illinois Department of Central Management Services v. Illinois Labor Relations Board

State: Illinois

Court: 4th District Appellate

Docket No: 4-07-0344 Rel

Case Date: 04/24/2008

Preview:Filed 4/24/08

NO. 4-07-0344 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

THE ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES (STATE POLICE), Petitioner-Appellant, v. THE ILLINOIS LABOR RELATIONS BOARD, STATE PANEL; JACKIE GALLAGHER, MICHAEL HADE, CHARLES HERNANDEZ, REX PIPER, and MICHAEL COLI, the Members of Said Board and Panel in Their Official Capacity Only; and the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 31, Respondents-Appellees.

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Petition for Review of an Order of the Illinois Labor Relations Board, State Panel No. S-RC-04-108

PRESIDING JUSTICE APPLETON delivered the opinion of the court: Pursuant to section 9(a-5) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/9(a-5) (West 2006)), the American Federation of State, County and Municipal Employees, Council 31 (union), filed a petition to represent telecommunications supervisors, employed by the State of Illinois, Department of Central Management Services, State Police (employer). The employer opposed the petition on the grounds that telecommunications supervisors were "supervisors" within the meaning of section 3(r) (5 ILCS 315/3(r) (West 2006)), "managerial employees" within the meaning of section 3(j) (5 ILCS 315/3(j) (West 2006)), or both. The Board found that telecommunications supervisors were neither "supervisors" nor "managerial employees" and, therefore, ordered their inclusion in the RC-14 bargaining unit. American Federation of State, County & Municipal Employees, Council 31, 23 Pub. Employee Rep. (Ill.) par. 38,

at 98, No. S

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