City of Belvidere v. Illinois State Labor Relations Board

692 N.E.2d 295, 181 Ill. 2d 191, 229 Ill. Dec. 522, 1998 Ill. LEXIS 342, 158 L.R.R.M. (BNA) 2427
CourtIllinois Supreme Court
DecidedFebruary 20, 1998
Docket82231, 82249 cons.
StatusPublished
Cited by673 cases

This text of 692 N.E.2d 295 (City of Belvidere v. Illinois State Labor Relations Board) 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
City of Belvidere v. Illinois State Labor Relations Board, 692 N.E.2d 295, 181 Ill. 2d 191, 229 Ill. Dec. 522, 1998 Ill. LEXIS 342, 158 L.R.R.M. (BNA) 2427 (Ill. 1998).

Opinions

JUSTICE BILANDIC

delivered the opinion of the court:

This appeal arises out of a decision and order of the Illinois State Labor Relations Board (Board), finding that the City of Belvidere (City) had committed an unfair labor practice under section 10(a)(4) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/ 10(a)(4) (West 1994)). The Board determined that the City had committed an unfair labor practice because it refused to bargain with the Belvidere Professional Firefighters Association (union) over its decision to contract out paramedic services to a private ambulance company. The Board found that the City’s unilateral decision to contract with a private company to provide paramedic services to City residents involved a mandatory subject of collective bargaining. The Board therefore ordered the City to rescind the contract with the private ambulance company and engage in collective bargaining with the union.

The City sought review of the Board’s decision and order in the appellate court. The appellate court reversed, holding that the City’s decision to contract with a private company to provide paramedic services was not a mandatory subject of collective bargaining. 283 Ill. App. 3d 663. As such, the City’s refusal to bargain did not amount to an unfair labor practice.

The Board and the union filed petitions for leave to appeal with this court. We allowed the petitions and consolidated the appeals. 166 Ill. 2d R. 315. We also permitted the Associated Firefighters of Illinois to file an amicus curiae brief in support of the Board’s decision.

For the reasons that follow, we affirm the decision of the appellate court, which reversed the Board’s decision and order.

BACKGROUND

In 1974, the City purchased its first ambulance and began providing its residents with emergency medical services (EMS) through its fire department. The Emergency Medical Services (EMS) Systems Act (EMS Act) (210 ILCS 50/1 et seq. (West 1994)) governs the provision and regulation of EMS in Illinois. The EMS Act established three levels of EMS: basic life support (BLS), intermediate life support (ILS), and advanced life support (ALS). 210 ILCS 50/4.06, 4.19, 4.01 (West 1994). The EMS Act also sets forth three corresponding levels of technicians, who are licensed by the Illinois Department of Public Health (Department) (210 ILCS 50/10 (West 1994)) to perform EMS (210 ILCS 50/11 (West 1994)).

The lowest level of licensed technician is an Emergency Medical Technician — Ambulance (EMT — A). 210 ILCS 50/4.12 (West 1994).1 An EMT — A renders BLS services, which include airway management, cardiopulmonary resuscitation, control of shock and bleeding and splinting of fractures. 210 ILCS 50/4.06 (West 1994). The findings of the City’s ad hoc committee show that the training requirements for an EMT — A are 140 hours of classroom training and 10 hours of clinical training.

The next level of licensed technician is an Emergency Medical Technician — Intermediate (EMT — I). 210 ILCS 50/4.15 (West 1994). An EMT — I is authorized to provide BLS services and certain advanced life support services. 210 ILCS 50/4.15, 4.19 (West 1994). A licensed EMT — I has completed an additional 80 hours of classroom training and 30 hours of clinical training.

The third and highest level of licensed technician is an Emergency Medical Technician — Paramedic (EMT— P). 210 ILCS 50/4.13 (West 1994). An EMT — P performs ALS services which include all BLS services and cardiac monitoring, cardiac defibrillation, electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of medication, drugs and solutions, use of adjunctive medical devices, trauma care, and other authorized techniques and procedures. 210 ILCS 50/4.13, 4.01 (West 1994). This level of technician requires an additional 360 hours of classroom training and 140 hours of clinical training.

In addition to regulating EMS rendered by technicians, the EMS Act also authorizes the Department to license and set standards for the operation of ambulances. 210 ILCS 50/9 (West 1994). The Department licenses ambulances to provide a specific level of service: either BLS, ILS, or ALS. 77 Ill. Adm. Code § 535.100(g) (1994). Every ambulance, regardless of service level, must be staffed with at least two EMTs. 77 Ill. Adm. Code § 535.150(f)(1) (1994). An ILS ambulance must be staffed with at least one EMT — I and an ALS ambulance must be staffed with at least one EMT — P. 77 Ill. Adm. Code § 535.150(f)(3) (1994).

As stated above, the City’s fire department began providing EMS to Belvidere residents in 1974. The level of service was less than BLS; however, one or two firefighters began training as EMTs. By 1976, the City required its firefighters, as a condition of employment, to become licensed EMT — A’s. In 1980, the City purchased and began operating a second ambulance. In the late 1980s, several of the City’s firefighters began training as EMT — I’s. By 1990, six firefighters had received EMT — I certification, and the City began operating one of its ambulances at the ILS level.

Throughout this time period, when the City received a “911” call, the fire department ambulance had dispatch priority. That is, in response to a “911” call, the fire department dispatcher would send a fire department ambulance staffed with two firefighter EMTs to the scene unless the caller specifically requested a private ambulance. On other occasions, the dispatcher sometimes requested backup assistance from private ambulance companies, which operated ambulances staffed with EMT — P’s. Such assistance was requested when “911” calls came in while the fire department’s ambulances were already in service, or when additional emergency medical personnel were needed. At such time, the City’s firefighter/EMTs worked alongside the paramedics from the private ambulance companies to provide EMS. Among the private ambulance companies operating within Belvidere at that time was Lifeline Ambulance Service, Inc. (Lifeline).

In late 1989 or early 1990, the City required three probationary firefighters to sign individual agreements to become licensed and certified EMT — I’s or EMT — P’s as a condition of employment. The current union’s predecessor subsequently filed a grievance complaining that the City contracted separately with individual bargaining-unit members in violation of the collective-bargaining agreement. An unfair labor practice charge was later filed with the Board. The matter was resolved when the City agreed to remove the individual agreements from the firefighters’ personnel files.

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Bluebook (online)
692 N.E.2d 295, 181 Ill. 2d 191, 229 Ill. Dec. 522, 1998 Ill. LEXIS 342, 158 L.R.R.M. (BNA) 2427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-belvidere-v-illinois-state-labor-relations-board-ill-1998.