Chicago Park District v. Illinois Labor Relations Board

820 N.E.2d 61, 354 Ill. App. 3d 595
CourtAppellate Court of Illinois
DecidedNovember 9, 2004
Docket1-03-1931 Rel
StatusPublished
Cited by8 cases

This text of 820 N.E.2d 61 (Chicago Park District 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
Chicago Park District v. Illinois Labor Relations Board, 820 N.E.2d 61, 354 Ill. App. 3d 595 (Ill. Ct. App. 2004).

Opinion

JUSTICE HALL

delivered the opinion of the court:

The Chicago Park District (the District) brings a direct administrative review appeal challenging an order of the respondent, the Illinois Labor Relations Board, Local Panel (the Board), upholding a finding by an administrative law judge (the ALJ) that the District violated sections 10(a)(1) and 10(a)(4) of the Illinois Public Labor Relations Act (the Act) (5 ILCS 315/10(a)(l), (a)(4) (West 2002)) by reducing the hours of its part-time employees without notice or an opportunity to bargain with their exclusive representative, the respondent, the Service Employees International Union, Local 73 (the Union).

The following issues are submitted for our review: (1) whether the Act required the District to bargain before implementing the reduction in hours; (2) whether the parties’ collective bargaining agreement waived mandatory bargaining over the reduction-in-hours issue; and (3) whether the Board’s finding that the District refused to bargain was against the manifest weight of the evidence. We affirm the decision of the Board.

On January 18, 2002, the Union filed an unfair labor practice charge against the District. Following an investigation, the Board issued a complaint for hearing. The complaint alleged that there was a collective bargaining agreement (the Agreement) between the District and its employees, who were represented by the Union. On or about January 1, 2002, the District reduced the hours of work for certain of its employees without providing notice to the Union or the opportunity to bargain with the Union. The Union alleged that the District’s conduct violated sections 10(a)(1) and 10(a)(4) of the Act. A hearing on the complaint commenced on July 11, 2002, and concluded on July 17, 2002. The pertinent testimony is summarized below.

The Union presented the testimony of several part-time hourly employees substantiating that their hours had been cut from their regular 25 to 30 hours per week prior to 2001 to 20 hours per week in 2002. 1 The Union also presented the testimony of Cynthia Rodriguez, chief negotiator for the Union with the District.

Ms. Rodriguez testified that, in October 2001, the Union began negotiating a new contract with the District. While Ms. Rodriguez has no involvement in the budget, she has to determine how the budget will affect the Union members. Although budget hearings are held in the summer and community input is obtained, a copy of the budget is not available until two weeks before the actual budget is passed. The copy of the budget is then sent to the research department to determine what the impact on the members will be.

Ms. Rodriguez attended the budget hearings due to concerns that the hours of the employees were to be cut. She received a copy of the budget at the end of November 2001. On November 20, 2001, she received a fax from Francine Bailey, the District’s human resource director, informing her that the District planned to reduce employee hours in 2002 and listing the employees who would be affected. At the next contract negotiations meeting with the District, Ms. Rodriguez stated that she had received Ms. Bailey’s fax and that she was demanding to bargain over the effects of the hours reduction before continuing negotiations on the economics of the new contract. She also stated that an information request was necessary prior to addressing the hours-reduction issue. The parties then addressed noneconomic issues. 2 Ms. Rodriguez submitted her information request on December 3, 2001.

Ms. Rodriguez explained that when she referred to “effects bargaining,” she meant both the cuts and their effect. However, she acknowledged that at the time of the November negotiation session, her request to bargain was only over the effects of the reductions. Ms. Rodriguez further explained that by asking to bargain over the effects of the cuts, she was also indicating that she wished to bargain over the actual reduction itself.

Prior to the next scheduled negotiating session, Ms. Rodriguez was contacted by Charlie Rose, the attorney for the District. Mr. Rose informed her that he did not have all the information she requested. The meeting was rescheduled for December 13, 2001. The December 13, 2001, session was again devoted to noneconomic proposals.

Following the session, Ms. Rodriguez grew concerned that, although they had not yet bargained over the cuts in hours, because it had not yet been discussed, the District might proceed to implement the cuts on January 1, 2002. When she called Mr. Rose to tell him not to implement the cuts, he informed her that the cuts were going to be implemented January 1, 2002, and that he was not going to bargain the effects of the cuts. Mr. Rose further informed her that the District was taking the same position it had on the cuts for the 2001 budget, namely, that the District was not required to bargain over the cuts.

Following their telephone conversation, Ms. Rodriguez wrote a letter to Mr. Rose summarizing their conversation and advising him that the Union would file an unfair labor charge. In his responsive letter, Mr. Rose pointed out that the Union had never requested that the implementation of the reduction in hours be postponed, that the Union had not taken the position that contract negotiations would not continue until the reduction in hours was negotiated, that while the Union had demanded information, it did not refuse to negotiate the new contract until after the hours reduction was negotiated, that Ms. Rodriguez had not objected to the cancellation of the December 6, 2001, session and that, at this point, the District’s position with respect to formal negotiations over the reduction-in-hours issue was consistent with its position in the pending litigation over the 2001 reduction in hours.

On cross-examination, Ms. Rodriguez stated that she wrote the letter to Mr. Rose because their telephone conversation was the first time he had informed her that the District refused to bargain the reduction-in-hours issue. She concluded that the District was refusing to bargain based upon Mr. Rose’s references to the pending litigation between the parties. According to Ms. Rodriguez, she never had the opportunity to propose alternatives to the District’s reduction in employees’ hours.

On behalf of the District, Gary Gordon, the District’s director of budget and management, testified that he was responsible for the preparation of the District’s budget. The process begins in the summer by reviewing the previous year’s expenditures, revenue estimates and economic projections. In addition to 4 formal budget hearings, there were 22 localized neighborhood budget hearings.

As of November 1, 2001, when the 2002 budget was drafted, the District was anticipating an increase in revenues from approximately $328 million to $334 million. However, because of the increases that went into the budget, there was insufficient money to cover anticipated operating expenses. Specifically, the available money for 2002 would he insufficient to continue the staffing levels from 2001.

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Bluebook (online)
820 N.E.2d 61, 354 Ill. App. 3d 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-park-district-v-illinois-labor-relations-board-illappct-2004.