Board of Trustees v. Illinois Labor Relations Board

836 N.E.2d 187, 361 Ill. App. 3d 256, 296 Ill. Dec. 772
CourtAppellate Court of Illinois
DecidedSeptember 26, 2005
Docket4-04-0484
StatusPublished
Cited by4 cases

This text of 836 N.E.2d 187 (Board of Trustees v. Illinois 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
Board of Trustees v. Illinois Labor Relations Board, 836 N.E.2d 187, 361 Ill. App. 3d 256, 296 Ill. Dec. 772 (Ill. Ct. App. 2005).

Opinions

JUSTICE KNECHT

delivered the opinion of the court:

The Board of Trustees of the University of Illinois, Urbana-Champaign campus (University), appeals the order of the Illinois Labor Relations Board that found the University’s refusal to bargain over providing parking or reimbursing parking expenses for members of the Fraternal Order of Police Labor Council (FOP) was an unfair labor practice within the meaning of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/1 through 27 (West 2000)).

In October 2002, after a hearing, an administrative law judge (ALJ) found in favor of the FOP on two unfair labor practice charges. The University filed exceptions to the ALJ’s finding, and in January 2004, the Labor Relations Board State Panel (State Panel) affirmed the ALJ’s finding. The University appealed directly to this court, arguing (1) the ALJ and the State Panel erred in finding that parking and parking fees are terms or conditions of employment; (2) the ALJ and the State Panel erred in finding that parking and parking fees were not matters of the University’s inherent managerial authority; and (3) if parking or parking fees are matters of inherent managerial authority, the University need not bargain with the FOP because the burden upon the University outweighs the benefits of bargaining. We agree as to issues 2 and 3 and reverse.

I. BACKGROUND

The FOP is the certified bargaining agent for two University police department bargaining units, Police Officer I and Corporals and Sergeants. In July 2001, during collective bargaining, the FOP submitted a proposal concerning parking for the member officers. The proposal stated, in pertinent part, as follows:

“The [ejmployer shall provide bargain unit members with a parking space for their personal vehicles while on duty in a location reasonably close to their assignment of work, or alternatively, reimburse them for the cost of obtaining same.”

The University informed the FOP it did not believe parking was a mandatory subject of bargaining but would be willing to discuss the matter as a permissive bargaining subject. In September and October 2001, the FOP filed two unfair-labor-practice charges against the University, alleging the University’s refusal was an unfair labor practice within the meaning of the Act. In response to the allegation, the University filed an answer, claiming parking and reimbursement of parking expenses were not mandatory subjects of the bargaining under the Act.

On October 30, 2002, the ALJ conducted a hearing at the offices of the Illinois Labor Relations Board. The FOP called two police officers to testify. Brian Tilson, a University police department patrol officer and the FOP president, testified first. Tilson lives in Gatlin, which is approximately 35 miles east of Urbana-Champaign, and he drives to work as no bus or train service is available from his home to the police headquarters. Tilson worked in the police department for about 6V2 years, and he relied on public parking near his workplace during most of that time.

A week before the hearing, Tilson bought an annual parking pass for the third shift for $75 so he could park in the campus parking lot next to police headquarters. Parking passes can be purchased for parking lots and are lot-specific, and Officer Tilson’s pass was for lot B-18 near his station. According to Tilson, lot B-18 was often full during the day, but parking was available at hourly meters on the street for a cost of $0.25 for 30 minutes. Officer Tilson admitted he was not required to park in a university lot when he went to work and there was a city lot within walking distance, about four to five blocks from his station.

Officer Tilson stated carpooling is not a feasible option for the officers since individual officers have different overtime details and other duties that would not allow the officers to leave at the same time. All of the officers Officer Tilson knows drive to work. Officer Til-son estimated if he could not park in the parking lot next to the police department, his travel time would increase by up to 30 minutes due to searching for a parking space. Tilson further indicated parking was “a big concern for all” in Urbana-Champaign.

Vernon Frost, a University public safety officer, testified next. Frost is a sergeant on the third shift who has worked on the campus for about 15 years. Like Officer Tilson, Sergeant Frost also drives to work. Sergeant Frost lives in Ogden, Illinois, which is about 15 miles east of Urbana-Champaign. Sergeant Frost has a parking pass for the parking lot near the public safety building where he has been assigned since 1993. Frost thinks the parking pass is a necessity because he has equipment such as his bulletproof vest, dry cleaning, and extra clothing he has to carry. Sergeant Frost indicated on occasion, he has had to park on the street when his parking pass was expired. Frost acknowledged he was usually able to find a parking spot on the street but stated he has been ticketed for expired parking meters.

According to Sergeant Frost, all the police officers drive to work. On cross-examination, Sergeant Frost admitted the officers who live in Urbana-Champaign could get to work without parking in a university lot. Frost also stated he could live in Urbana-Champaign but his housing would be more expensive. Frost further indicated police officers are permitted to park outside the station for a short period of time without getting a ticket. The FOP rested after Sergeant Frost completed his testimony.

The University presented Margaret Rawles, an associate university counsel, as its first witness. Rawles was the University’s chief spokesperson during the collective bargaining with the FOE Rawles testified that upon receiving the FOP’s parking proposal, the University responded that parking was not a mandatory subject of bargaining but it would be willing to discuss the issue on a permissive basis.

Rawles stated that in insisting parking was a permissive subject, the University was aware of the Illinois Educational Labor Relations Board’s (IELRB) decision in In re Southern Illinois University Edwardsville Professional Staff Ass’n, 15 Pub. Employee Rep. (Ill.) par. 1063, Nos. 97 — CA—0016—S, 97 — CA—0017—S (IELRB September 22, 1998), in which the IELRB found parking fees to be a mandatory bargaining subject. Rawles, however, believed the factual basis for the decision by the IELRB in the Southern Illinois UniversityEdwardsville case was considerably different from the factual situation presented on the Urbana-Champaign campus. Specifically, Rawles pointed out the Southern Illinois University-Edwardsville (SIU-E) campus was isolated from the town and no alternative to university parking existed, while the University of Illinois, Urbana-Champaign (UIUC) campus was located in the midst of two cities and alternative city parking is available. Rawles also believed transportation alternatives such as carpooling, buses, and shuttles are available to the police officers in Urbana-Champaign, and university employees may ride the Mass Transit District (MTD) buses for free.

Rawles believed bargaining the parking issue with the FOP would negatively impact the University; specifically, it would reduce the available parking to faculty, staff, students, and visitors.

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836 N.E.2d 187, 361 Ill. App. 3d 256, 296 Ill. Dec. 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-v-illinois-labor-relations-board-illappct-2005.