American Federation of State, County & Municipal Employees, Council 31 v. County of Cook

584 N.E.2d 116, 145 Ill. 2d 475, 164 Ill. Dec. 904, 1991 Ill. LEXIS 126
CourtIllinois Supreme Court
DecidedDecember 19, 1991
Docket71221, 71239 cons.
StatusPublished
Cited by108 cases

This text of 584 N.E.2d 116 (American Federation of State, County & Municipal Employees, Council 31 v. County of Cook) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Federation of State, County & Municipal Employees, Council 31 v. County of Cook, 584 N.E.2d 116, 145 Ill. 2d 475, 164 Ill. Dec. 904, 1991 Ill. LEXIS 126 (Ill. 1991).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

Appellants, American Federation of State, County and Municipal Employees, Council 31, AFL-CIO (AFSCME), and the Illinois Local Labor Relations Board (the Board), appeal the decision of the appellate court that appellee, the County of Cook, was not required to bargain over the application of a civil service testing requirement to post-probationary employees who were hired before the establishment of the requirement. (204 Ill. App. 3d 370.) We reverse.

FACTUAL BACKGROUND

On August 5, 1985, the county and AFSCME entered into a collective-bargaining agreement effective from December 1, 1984, to November 30, 1987. This agreement covered the position of Computer Operator I at Cook County Hospital, even though the county placed no one in that position until September 1985. The position was scheduled for civil service examination in 1987, pursuant to the county’s procedure of annually surveying all temporary appointments. However, no examination for the position was actually administered until 1988.

Although the county had budgeted five Computer Operator I positions at Cook County Hospital, only three of those positions were filled, all by temporary appointees, when, in January 1988, the county gave notice of a civil service examination for the position. The temporary appointments did not confer certified status upon the three employees so appointed. On January 26, 1988, at a contract negotiation meeting with the county, AFSCME raised the issue of the Computer Operator I examination and requested that the county bargain over the effects of subjecting the three incumbent Computer Operator I employees to the examination requirement. AFSCME also insisted that the three employees be “grandfathered” into the position of Computer Operator I. The county refused to do either on the ground that it was barred by State statute from such bargaining.

On January 27, 1988, AFSCME filed an unfair labor practice charge with the Board, alleging that the county had failed to bargain in good faith over the civil service commission’s examination requirement for the Computer Operator I position. After issuing a complaint alleging violations of the Illinois Public Labor Relations Act (the Act) (Ill. Rev. Stat. 1987, ch. 48, par. 1601 et seq.), the Board, through a hearing officer, found that the county had violated, inter alia, section 10(a)(4) of the Act, declaring it an unfair labor practice for an employer to refuse to bargain collectively in good faith with a public employee union. (Ill. Rev. Stat. 1987, ch. 48, par. 1610.) Specifically, the hearing officer found that the county had refused to bargain over the effects of the examination requirement upon the three incumbent employees occupying the Computer Operator I position and, thereby, inter alia, affected their terms and conditions of employment. Upon the county’s filing of exceptions to the hearing officer’s recommendations to the Board, the Board adopted the hearing officer’s findings and conclusions. As noted above, the appellate court reversed the decision of the Board.

DISCUSSION

On appeal, AFSCME argues that the appellate court erroneously refused to consider, on the basis of waiver, its argument that Cook County’s civil service system, adopted pursuant to the provisions of the present Counties Code (the Code) (Ill. Rev. Stat. 1989, ch. 34, par. 1—1001 et seq.), like that at issue in City of Decatur v. American Federation of State, County, & Municipal Employees, Local 268 (1988), 122 Ill. 2d 353, was not mandatory upon and could be changed at anytime by the county. AFSCME further argues that the court ignored the policy, recognized in City of Decatur, favoring public employee bargaining laws over civil service laws and erroneously concluded that City of Decatur was limited to circumstances involving the issue of arbitration. As a result, AFSCME concludes, the court erroneously found City of Decatur distinguishable from this case. 204 Ill. App. 3d at 377-78.

WAIVER

Before reaching the merits of the parties’ arguments, we must determine whether the appellate court correctly refused, on the basis of waiver, to entertain AFSCME’s argument that, because of its status as a home rule unit, the county was not bound by the civil service provisions of the Code. AFSCME so argued in response to the county’s characterization of those provisions as mandatory upon it, in contradistinction to those at issue in City of Decatur. The appellate court held that AFSCME had waived the argument on appeal by failing to make it to the Board. 204 Ill. App. 3d at 377.

Even assuming, arguendo, that AFSCME waived the argument, we choose, nevertheless, to consider it. We choose to do so on the basis of our authority to take judicial notice of the county’s status as a home rule unit of local government. Ill. Const. 1970, art. VII, §6.

It is well established that courts may take judicial notice of their State’s statutes and constitutional provisions. (See generally 31 C.J.S. Evidence §16 (1964).) Moreover, a reviewing court can take judicial notice of statutes and constitutional provisions even though they were not raised before a lower tribunal and any argument based thereon was consequently waived. (See Tyrell v. Municipal Employees Annuity Fund & Benefit Fund (1975), 32 Ill. App. 3d 91, 98.) Finally, we note that the waiver rule is an admonition to litigants, not a limitation upon the jurisdiction of a reviewing court. In this regard, we have recognized that the responsibility of a reviewing court for a just result and for the maintenance of a sound and uniform body of precedent may sometimes override the considerations of waiver that stem from the adversarial nature of our system. (Hux v. Raben (1967), 38 Ill. 2d 223, 224-25.) We deem this case to present one of those occasions.

CITY OF DECATUR

Having determined that waiver did not preclude the appellate court from considering AFSCME’s home rule argument and does not preclude this court from so doing, we begin our analysis of AFSCME’s arguments with a review of the facts involved and the reasoning which this court employed in City of Decatur v. American Federation of State, County, & Municipal Employees, Local 268 (1988), 122 Ill. 2d 353.

At issue in that case was the City of Decatur’s obligation to bargain collectively over a proposal by AFSCME that the city’s employees be permitted to submit disciplinary grievances to arbitration. The city had refused to bargain over the proposal on the ground that it had no duty to bargain over disciplinary matters that fell within the scope of its municipal civil service system. The voters of the city had adopted a civil service system, by referendum, pursuant to article 10, division 1, of the Illinois Municipal Code (Ill. Rev. Stat. 1985, ch. 24, pars. 10—1-1 through 10-1-48).

The dispute in City of Decatur, like that here, centered on section 7 of the Illinois Public Labor Relations Act (Ill. Rev. Stat. 1987, ch. 48, par. 1607), which provides, inter alia:

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Cite This Page — Counsel Stack

Bluebook (online)
584 N.E.2d 116, 145 Ill. 2d 475, 164 Ill. Dec. 904, 1991 Ill. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-federation-of-state-county-municipal-employees-council-31-v-ill-1991.