Amalgamated Transit Union v. Rock Island County Metropolitan Mass Transit District

551 N.E.2d 650, 194 Ill. App. 3d 926, 141 Ill. Dec. 463, 1990 Ill. App. LEXIS 63
CourtAppellate Court of Illinois
DecidedJanuary 18, 1990
DocketNo. 3—89—0048
StatusPublished
Cited by2 cases

This text of 551 N.E.2d 650 (Amalgamated Transit Union v. Rock Island County Metropolitan Mass Transit District) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amalgamated Transit Union v. Rock Island County Metropolitan Mass Transit District, 551 N.E.2d 650, 194 Ill. App. 3d 926, 141 Ill. Dec. 463, 1990 Ill. App. LEXIS 63 (Ill. Ct. App. 1990).

Opinion

JUSTICE STOUDER

delivered the opinion of the court:

The appellant, Rock Island County Metropolitan Mass Transit District (Transit District), appeals from the granting of a motion to compel arbitration brought by the appellee, Local No. 313 of the Amalgamated Transit Union (Union). The Union cross-appeals from the circuit court’s order entered on the Transit District’s motion to reconsider.

The Transit District provides bus service in Rock Island County. The Union is the duly authorized representative and bargaining agent for the union employees of the Transit District. The Union and the Transit District entered into a collective bargaining agreement effective July 1, 1984. The agreement provided for the establishment of a small bus division composed of buses which contain 25 seats or less and are 30 feet or less in length. The small buses were to be used on the Transit District’s regular routes and for other specialized transportation services. Under the agreement, small bus operators are paid at a rate equal to 60% of the top rate paid to large bus operators. The agreement also provided for the selection of operator routes under a bidding process based on seniority.

In addition, the record shows that in 1975 the Transit District and the Union entered into an agreement entitled “Supplemental Agreement Pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964, As Amended” (the section 13(c) agreement). The section 13(c) agreement provided that in the event the Transit District received a Federal capital grant to assist in the purchase of seven new buses and other transit equipment (the Project), it was agreed, among other things, employees covered by the agreement would not be “placed in a worse position with respect to compensation, hours, working conditions *** as a result of the Project.” The record indicates that in 1984 the original section 13(c) agreement was incorporated by reference into agreements made at the time the Transit District applied for Federal grants to assist in the purchase of the small buses and other equipment. We note that the record does not contain a copy of these incorporating agreements and that in admissions filed by the Union, the Union denied the execution of such agreements. However, in its brief to this court, the Union states that a section 13(c) agreement was negotiated in 1984, along with the collective bargaining agreement.

On January 6, 1987, a grievance was filed by Carolyn Thoensen, an employee of the Transit District. Thoensen alleged that her work assignment was changed from full time in the large bus division to full time in the small bus division. As a result her wage rate was reduced by 40%. She claimed it was not her choice to be placed in the small bus division. As a result of management’s decision to reduce the number of available full-time, large bus positions, she was forced to work either in the small bus division or part time in the large bus division with no benefits. Thoensen alleged that her condition of employment was worsened due to the federally funded grant used for the acquisition of the small buses. On March 13, 1987, the Union notified the Transit District that Pennie Mosley, Sam Brown and other employees wished to be included in the Thoensen grievance.

The record shows that prior to the Thoensen grievance, Mosley and Brown had filed a grievance alleging a violation of the collective bargaining agreement. In their grievance, they claimed that under the agreement only 13 employees of the Transit District could be transferred to the small bus division. They claimed that as a result of decisions made by management, they were forced out of positions as full-time, large bus operators and into the small bus division. The grievants concluded that the actions taken by the company had adversely affected the terms and conditions of their employment in contravention of the spirit and intent of the collective bargaining agreement.

The Mosley-Brown grievance was submitted to arbitration on April 2, 1986. The arbitrator found that there was no merit to the contention that the Transit District was required to maintain a certain number of full-time, large bus positions. He also found that the griev-ants voluntarily transferred to the small bus division. The arbitrator stated: “In the instant case the District neither assigned, transferred or [sic] forced the grievants to accept any particular position. The position obtained was by reason of a bidding process and the exercise of seniority.” The Union did not seek review of the arbitrator’s decision.

In the instant case, the Union made repeated demands to the Transit District requesting that the Thoensen grievance be submitted to arbitration. The Transit District refused to arbitrate. On May 28, 1987, the Union filed in the circuit court of Rock Island County a motion to compel arbitration. It subsequently filed a second amended complaint to compel arbitration. On April 4, 1988, the Transit District filed a motion for permanent stay of arbitration pursuant to section 2 of the Uniform Arbitration Act (Ill. Rev. Stat. 1987, ch. 10, par. 102), contending that the Union’s claim was barred under the principles of res judicata and collateral estoppel.

A hearing was held on April 8, 1988, and at the conclusion of that hearing, the court requested that the parties submit briefs on the issues raised accompanied by proposed written orders. On July 19, 1988, the court entered an order granting the Union’s “motion” to compel arbitration. The court found, inter alia, that in the instant case the application of the principles of res judicata and collateral estoppel was precluded by the lack of any language in the section 13(c) agreement intended to “bar or extinguish any future grievance.” The court held that the Mosley-Brown grievance concerned the issue of voluntary versus involuntary transfer under section 41 of the collective bargaining agreement. On the other hand, the issue in the Thoensen grievance was the worsening of wages or conditions of employment as the direct or indirect result of a federally funded project. Noting the fact that Brown and Mosley joined in the Thoensen grievance, the court held that the parties in the Mosley-Brown grievance were not the same as the parties in the Thoensen grievance.

On the Transit District’s subsequent motion to reconsider, the court held that its July 19, 1988, order should not be interpreted to preclude the Transit District from raising any defense before the arbitrator. It also vacated that portion of the order which held that the parties to the two grievances were not the same. The court held that under the collective bargaining agreement a grievance is defined as any controversy between the Transit District and the Union. The court affirmed as modified its order of July 19, 1988. The Transit District appealed from the circuit court’s modified order, and the Union cross-appealed the issue of identity of party.

Initially, we address the Union’s cross-appeal. On appeal, the Union contends that the circuit court erred in reversing its original finding that the parties to the two grievance procedures were not the same for purposes of res judicata and collateral estoppel. It argues that this action is brought pursuant to the section 13(c) agreement and that the agreement is ambiguous in regards to whether individual employees can bring actions for violation of the agreement.

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551 N.E.2d 650, 194 Ill. App. 3d 926, 141 Ill. Dec. 463, 1990 Ill. App. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amalgamated-transit-union-v-rock-island-county-metropolitan-mass-transit-illappct-1990.