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

582 N.E.2d 1202, 221 Ill. App. 3d 814, 164 Ill. Dec. 258, 1991 Ill. App. LEXIS 1803
CourtAppellate Court of Illinois
DecidedOctober 22, 1991
DocketNos. 1—89—1392, 1—89—1981, 1—89—2017 cons.
StatusPublished
Cited by2 cases

This text of 582 N.E.2d 1202 (American Federation of State, County, & Municipal Employees v. Illinois Local Labor Relations Board) 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
American Federation of State, County, & Municipal Employees v. Illinois Local Labor Relations Board, 582 N.E.2d 1202, 221 Ill. App. 3d 814, 164 Ill. Dec. 258, 1991 Ill. App. LEXIS 1803 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE SCARIANO

delivered the opinion of the court:

Council 31 of the American Federation of State, County, and Municipal Employees (AFSCME) seeks review of the Illinois Local Labor Relations Board’s (Board’s) partial dismissal of its representation petition in which it requested certification as the bargaining agent of a unit consisting of the sergeants, lieutenants and captains employed by the Cook County Department of Corrections (Department) and the sheriff of Cook County (Joint Employers). AFSCME claims that the Board erred in holding that the lieutenants and captains were “supervisors” under section 3(r) of the Illinois Public Labor Relations Act (Act) (Ill. Rev. Stat. 1987, ch. 48, par. 1603(r)), and were thereby wrongfully denied inclusion in a bargaining unit with the sergeants. AFSCME asks that the Board’s decision be reversed and that this cause be remanded with directions to the Board to hold an election among all three ranks on the issue of AFSCME’s representation; in the alternative, it asks that the cause be remanded for the purpose of making a finding as to whether the lieutenants and captains devote a “preponderance of time” to exercising supervisory authority.

The Joint Employers petition for review of the Board’s certification of AFSCME as the sergeants’ bargaining representative, claiming that the Board erred in holding that the sergeants were not supervisors, and asking that the Board’s certification be reversed.

Following a hearing on AFSCME’s representation petition, a hearing officer made numerous findings of fact and recommended to the Board that it find that neither the sergeants, lieutenants nor captains were supervisors, and that all three ranks be afforded an opportunity to vote on whether they wished to be represented in a bargaining unit by AFSCME. In reviewing these recommendations, the Board summarized the role and structure of the Department as follows:

“The *** Department *** is a very large organization which operates the Cook County Jail. The jail *** houses in excess of 5200 inmates, mostly criminal defendants held for trial in the Circuit Court of Cook County. The [Department] is organized in several divisions and sections, and employs approximately 1776 correctional officers.
The correctional officers have the initial responsibility for securing the jail complex and guarding the individuals incarcerated there. *** Above the correctional officers in the [Department’s] paramilitary chain of command are the sergeants, then the lieutenants, and then the captains. There are 112 sergeants, 44 lieutenants, and 16 captains. Typically, each higher rank is responsible for a larger area of the institution.
The captains report to divisional Superintendents, who report to a Director of Security, who reports to the [Department’s] Executive Director. The Executive Director is appointed by and reports to the Sheriff, an elected County official.”

While adopting the hearing officer’s findings of fact and his recommendation that the sergeants be found not to be supervisors, the Board rejected his recommended finding that the lieutenants and captains were not supervisors. Accordingly, on April 26, 1989, the Board dismissed AFSCME’s representation petition in part, granted it in part and directed that an election be conducted only among the sergeants. The sergeants voted in favor of certification, and the Board, on June 28, 1989, certified AFSCME as their bargaining representative.

We take up first the question of whether we have jurisdiction to hear AFSCME’s petition for review of the Board’s April 26, 1989, partial dismissal of its representation petition. Section 9(i) of the Act (Ill. Rev. Stat. 1987, ch. 48, par. 1609(i)) states that “An order of the Board dismissing a representation petition *** is a final order. Any person aggrieved by any such order *** may apply for and obtain judicial review in accordance with the provisions of the Administrative Review Law [(Ill. Rev. Stat. 1987, ch. 110, par. 3 — 101 et seq.)] *** directly in the Appellate Court ***.” The issue, then, is whether the Board’s partial dismissal of AFSCME’s representation petition was “dismiss[al of] a representation petition.” We hold that it was not.

Prior to the effective date of section 9(i) of the Act, the Board’s dismissal of a representation petition was judicially reviewable pursuant to section 11(e) of the Act (Ill. Rev. Stat. 1985, ch. 48, par. 1611(e)) “in accordance with the provisions of the Administrative Review Law” (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 101 et seq.), as a “final order *** denying in whole or in part the relief sought”; and a “final order,” for the purposes of the Act, was defined to be the same as an “[administrative decision” under section 3 — 101 of the Administrative Review Law, because it “affectfed] the legal rights, duties or privileges of parties and *** terminate[d] the proceedings before the administrative agency.” Laborer’s International Union of North America, Local 1280 v. Illinois State Labor Relations Board (1987), 154 Ill. App. 3d 1045, 1052-54.

A partial dismissal, however, does not “terminate[ ] the proceedings before the administrative agency.” (Ill. Rev. Stat. 1987, ch. 110, par. 3 — 101.) Section 9(i), while listing several other types of orders as final and which are therefore judicially reviewable under the Administrative Review Law, is not inconsistent with the definition given by the Laborer’s International Union court. Moreover, neither the United States Supreme Court nor most State courts that have construed similar statutory schemes have considered as final those orders which merely determine the composition of a unit in a representation/certification proceeding and direct that an election be held, regardless of whether the challenge comes from the administrative agency or the prospective representative. We therefore hold that we have no jurisdiction over AFSCME's petition from the Board's April 26, 1989, order. See Boire v. Greyhound Corp. (1964), 376 U.S. 473, 476-77, 11 L. Ed. 2d 849, 852-53, 84 S. Ct. 894, 896-97; Five-County Joint Juvenile Detention Center v. State Employment Relations Board (1991), 57 Ohio St. 3d 4, 565 N.E.2d 546; Indiana Education Employment Relations Board v. Benton Community School Corp. (1977), 266 Ind. 491, 505, 365 N.E.2d 752, 759; Harrison v. Labor Relations Comm’n (1973), 363 Mass. 548, 551, 296 N.E.2d 196, 198; Division of State Lands Employees Association v. Division of State Lands (1985), 72 Or. App. 559, 561-64, 696 P.2d 578, 578-80; Renton Education Association v. Washington State Public Employment Relations Comm’n (1979), 24 Wash. App. 476, 479, 603 P.2d 1271, 1272-73; Lincoln County Memorial Hospital v. Missouri State Board of Mediation (Mo. Ct. App.

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582 N.E.2d 1202, 221 Ill. App. 3d 814, 164 Ill. Dec. 258, 1991 Ill. App. LEXIS 1803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-federation-of-state-county-municipal-employees-v-illinois-illappct-1991.