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

653 N.E.2d 1357, 210 Ill. Dec. 895, 274 Ill. App. 3d 327, 150 L.R.R.M. (BNA) 2794, 1995 Ill. App. LEXIS 597
CourtAppellate Court of Illinois
DecidedAugust 4, 1995
Docket1-94-0253
StatusPublished
Cited by29 cases

This text of 653 N.E.2d 1357 (American Federation of State, County & Municipal Employees v. Illinois State 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 State Labor Relations Board, 653 N.E.2d 1357, 210 Ill. Dec. 895, 274 Ill. App. 3d 327, 150 L.R.R.M. (BNA) 2794, 1995 Ill. App. LEXIS 597 (Ill. Ct. App. 1995).

Opinion

JUSTICE T. O’BRIEN

delivered, the opinion of the court:

Petitioner, American Federation of State, County and Municipal Employees (AFSCME), appeals from a decision and order of the Illinois State Labor Relations Board (Board). The Board ruled that respondent, Illinois Department of Central Management Services (CMS), did not violate section 10(a)(4) of the Illinois Public Labor Relations Act (Act) when it failed to engage in collective bargaining with AFSCME. (5 ILCS 315/10(a)(4) (West 1992).) We affirm.

At issue in this case is whether the CMS, vis-a-vis the Illinois Department of Public Aid (IDPA), committed an unfair labor practice in refusing to meet with AFSCME in connection with a reduction in force (RIF) at IDPA. The RIF, which occurred as a result of a decrease in State funding for fiscal year 1993, affected certain public employees represented by AFSCME.

On February 24, 1992, Max Liberies, president of AFSCME Local 2000, sent a letter on behalf of the union to Philip Bradley, Director of IDPA, requesting a briefing on the Department’s fiscal 1993 budget. The letter stated in pertinent part:

"I am writing you regarding two major issues facing our union and to request a meeting with you as soon as possible.
First, we would like a budget briefing on the Department’s FY’93 budget. We want to know about staffing plans as they affect the approximately 7,500 employees we represent as well as programmatic changes.
Based upon the rumors circulating, we may have some serious differences, which would put us in an adverse and confrontational position internally as well as externally for the first time in years.”

Bradley responded that a meeting on the Department’s budget would be premature at that time in light of the fact that IDPA had not yet fully determined how the budget would affect its operations. He noted that several options were still under consideration in order to "provide the highest levels of services and benefits possible while remaining cognizant of the fact that the State faces a tough budget.” Bradley did indicate, however, that the proposed budget could impact employees represented by AFSCME.

In a subsequent correspondence, IDPA informed AFSCME that a briefing on the Department’s budget would be held in Springfield, Illinois, on April 6, 1992, one day prior to the submission of the State’s budget to the Illinois General Assembly. 1 AFSCME originally agreed to the meeting, but was later informed that the meeting had to be postponed until April 7, 1992. Due to a conflict in schedules, AFSCME personnel could not attend the April 7,1992, meeting. Liberies, therefore, advised IDPA that AFSCME would review the Department’s budget after the State’s budget was submitted to the General Assembly.

On April 7, 1992, the governor submitted the State’s budget as expected. On that same day, Bradley sent a letter to all IDPA employees announcing potential layoffs. Bradley explained that the layoffs were necessary because of a 0.6% decrease in the Department’s budget from the prior year. In particular, Bradley disclosed the possible elimination of 759 bargaining unit and nonbargaining unit positions as well as the layoff of 80 individuals. Many of the layoffs were to occur in IDPA’s welfare-to-work and transitional assistance programs.

The parties then scheduled another meeting on the Department’s budget for April 17, 1992. On the day before the meeting, however, Liberies telephoned James Berger, IDPA’s administrator of personnel management and labor relations, and told him that AFSCME intended to file an unfair labor charge with the Illinois State Labor Relations Board. Berger voiced his disapproval of the filing, but added as he ended the conversation that he hoped such an action could be avoided. Berger immediately called Liberies back and inquired as to the nature of AFSCME’s charge. Liberies informed him the charge related to IDPA’s failure to discuss the proposed layoffs. When Berger asked Liberies to be more specific, Liberies refused. Berger then cancelled the parties’ scheduled meeting.

AFSCME proceeded to file its first unfair labor charge (S — CA— 92 — 153) on April 17, 1992. Ten days later, AFSCME filed a second charge (S — CA—92—161) on the basis that IDPA committed an unfair labor practice when Berger cancelled the meeting of April 17, 1992, in retaliation for the filing of the first charge. 2

On June 8, 1992, AFSCME and IDPA finally met to discuss the status of the Department’s proposed budget. The budget was, at that time, still under consideration before the General Assembly. Although the parties reviewed the possibility of additional layoffs, the purpose of the meeting was not to undertake collective bargaining. Rather, IDPA only intended to provide AFSCME with information about the budget and to solicit AFSCME’s assistance in certain lobbying efforts.

In any event, the Director of the Illinois State Labor Relations Board investigated AFSCME’s charges against IDPA in accordance with section 11(a) of the Act and thereafter issued a complaint for hearing. (5 ILCS 315/11(a) (West 1992).) At the conclusion of the hearing, the hearing officer found, inter alia, that IDPA’s decision to lay off employees was a mandatory subject of bargaining. He concluded, however, that AFSCME had waived its right to bargain over the layoffs by virtue of a provision in the parties’ collective bargaining agreement.

Upon review, the Labor Board affirmed the hearing officer’s findings and rulings in most respects, including the determination that AFSCME had contractually waived its right to collective bargaining. AFSCME thereafter appealed the decision and order of the Board directly to this court pursuant to section 11(e) of the Act. 5 ILCS 315/ 11(e) (West 1992).

AFSCME now contends that the Board erred in holding that AFSCME waived its right to bargain over the decision of the proposed layoffs. We disagree.

Initially, we note that the hearing officer found, among other things, that IDPA’s decision to lay off employees was a mandatory subject of bargaining. For the reasons that follow, we hold that this finding was not against the manifest weight of the evidence.

Although IDPA is not obligated to bargain over all issues affecting its employees, a public employer nonetheless has a duty to negotiate with respect to wages, hours and conditions of employment, subject to certain statutory exceptions. In this regard, section 10(a)(4) of the Illinois Public Labor Relations Act makes it an unfair labor practice for an employer "to refuse to bargain collectively in good faith with a labor organization which is the exclusive representative of public employees in an appropriate unit.” (5 ILCS 315/10

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Bluebook (online)
653 N.E.2d 1357, 210 Ill. Dec. 895, 274 Ill. App. 3d 327, 150 L.R.R.M. (BNA) 2794, 1995 Ill. App. LEXIS 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-federation-of-state-county-municipal-employees-v-illinois-illappct-1995.