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County of St. Clair v. Illinois Fraternal Order of Police Labor Council
State: Illinois
Court: 5th District Appellate
Docket No: 5-01-0990 Rel
Case Date: 05/02/2003
Decision filed 05/02/03. 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. 5-01-0990

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT


THE COUNTY OF ST. CLAIR and THE ) Appeal from the
SHERIFF OF ST. CLAIR COUNTY, ) Circuit Court of
) St. Clair County.
                     Plaintiffs-Appellants, )
)
v. ) No. 00-MR-276
)
ILLINOIS FRATERNAL ORDER OF )
POLICE LABOR COUNCIL,  ) Honorable
) Stephen R. Rice,
                    Defendant-Appellee. ) Judge, presiding.

 

JUSTICE GOLDENHERSH delivered the opinion of the court:

The plaintiffs, St. Clair County and the St. Clair County sheriff, appeal an order ofthe circuit court of St. Clair County denying the plaintiffs' petition to vacate an arbitrationaward. The arbitration award, entered as a part of a collective bargaining process under theIllinois Public Labor Relations Act (Act) (5 ILCS 315/1 et seq. (West 2000)), states thatpeace officers employed by the plaintiffs have the right to determine whether overtime ispaid in cash or in compensatory time. On appeal, the plaintiffs raise the following issues:(1) whether the arbitration award should be vacated as lacking authority and violating publicpolicy because the issue involves inherent managerial policy not subject to mandatoryarbitration and (2) whether the arbitration award was sufficiently based upon the requisitefactors. We affirm.

FACTS

The defendant, the Illinois Fraternal Order of Police Labor Council, and the plaintiffsare parties to a collective bargaining agreement in which the defendant represents all swornpolice officers below the rank of sergeant employed by the plaintiffs. During negotiationsof the terms of a collective bargaining agreement, the parties were unable to resolve severalissues. The parties then submitted their dispute to interest arbitration in accordance withsection 14 of the Act (5 ILCS 315/14 (West 2000)).

Several issues were presented to the arbitrator, including whether the plaintiffs or theofficers would determine whether overtime is paid in cash or in compensatory time. Theplaintiffs contend that they objected to this issue being presented to the arbitrator, by statingthat the undisputed past practice had been that the plaintiffs retained the authority todesignate whether compensatory time or cash payments would be given and that the matterwas, therefore, a managerial issue subject only to permissive negotiation. The matterproceeded to arbitration on May 22, 2000, and on September 20, 2000, the arbitrator issuedan award ruling that the officers would have the right to determine whether overtime is paidin cash or in compensatory time.

On December 18, 2000, in the circuit court of St. Clair County, the plaintiffs filed apetition to vacate the arbitration award. On October 12, 2001, the circuit court entered a judgment denying the plaintiffs' petition to vacate. The defendant filed a motion toreconsider on the issue of interest, which the court subsequently granted. The plaintiffsappeal.

ANALYSIS

As an initial matter, we address the defendant's argument that the circuit court did nothave authority to review the issue of whether this was a mandatory or permissive subject ofbargaining. The defendant contends that the Act divests the circuit court of authority orjurisdiction to consider whether the overtime-compensation issue was a matter of permissiveor mandatory bargaining. See 5 ILCS 315/11(e) (West 2000) (the judicial review of a finalorder of the Illinois Labor Relations Board "shall be afforded directly in the appellate courtfor the district in which the aggrieved party resides or transacts business"); see Board ofEducation, Benton Consolidated School District No. 47, Franklin County v. BentonFederation of Teachers, Local No. 1956, IFT-AFT, 165 Ill. App. 3d 514, 521, 518 N.E.2d1257, 1262 (1988). The defendant contends that the Illinois Administrative Codeestablishes a procedure for obtaining declaratory rulings on such issues from the IllinoisLabor Relations Board (Board). 80 Ill. Adm. Code

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