American Federation of State, County & Municipal Employees v. Illinois Labor Relations Board State Panel

State: Illinois

Court: 5th District Appellate

Docket No: 5-02-0560 Rel

Case Date: 07/27/2004

NOTICE
Decision filed 07/27/04. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NO. 5-02-0560

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, COUNCIL 31,

Petitioner,

ILLINOIS LABOR RELATIONS BOARD STATE
PANEL, THE DEPARTMENT OF
CENTRAL MANAGEMENT SERVICES
(THE DEPARTMENT OF CORRECTIONS),
and WEXFORD HEALTH SOURCES, INC.,

Respondents. )

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Petition for the Review
of an Order of the Illinois
Labor Relations Board
State Panel.

Nos. 00-CA-0065-C &
S-CA-01-102

JUSTICE MAAG delivered the opinion of the court:

The American Federation of State, County and Municipal Employees, Council 31(Union), appeals the decision of the Illinois Labor Relations Board State Panel (Board) todismiss a case involving a certification petition and a companion case involving unfair laborpractices claims. The Union filed the cases on behalf of health care workers who areemployed by Wexford Health Sources, Inc. (Wexford), and who provide health care servicesto inmates incarcerated in facilities of the Department of Corrections (DOC). The Boarddetermined that the DOC was not an employer of the Wexford employees, and the Boarddismissed the cases for a lack of jurisdiction. On review, the Union claims that the Board'sdecision is erroneous because the DOC possesses authority to control labor relations inregard to the work it contracted to Wexford according to the terms of the vendor contract andbecause the DOC's actual exercise of control over labor relations in regard to the work itcontracted to Wexford is sufficient to confer employer status on the DOC.

Pursuant to procedures under the National Labor Relations Act (29 U.S.C.