City of Rockford v. Unit Six of the Policemen's Benevolent & Protective Ass'n

813 N.E.2d 1083, 351 Ill. App. 3d 252
CourtAppellate Court of Illinois
DecidedJuly 21, 2004
Docket2-03-0774 Rel
StatusPublished
Cited by9 cases

This text of 813 N.E.2d 1083 (City of Rockford v. Unit Six of the Policemen's Benevolent & Protective Ass'n) 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
City of Rockford v. Unit Six of the Policemen's Benevolent & Protective Ass'n, 813 N.E.2d 1083, 351 Ill. App. 3d 252 (Ill. Ct. App. 2004).

Opinion

JUSTICE GEOMETER

delivered the opinion of the court:

This case involves the arbitrability of grievances filed by defendant Unit Six of the Policemen’s Benevolent and Protective Association of Illinois on behalf of defendants John Cabello and David Swanson. The circuit court of Winnebago County determined that the grievances were subject to arbitration. We reach the opposite conclusion. Accordingly, we reverse the judgment of the circuit court.

The following salient facts are gleaned from the record on appeal. Defendant Unit Six of the Policemen’s Benevolent and Protective Association of Illinois (Association) is the exclusive labor representative for police officers employed by plaintiff, the City of Rockford (City). Defendants John Cabello and David Swanson are police officers employed by the City and are members of the Association. Cabello and Swanson were injured in the line of duty. At the time of their injuries, both Cabello and Swanson held jobs outside of the Rockford police department. The City does not dispute that it was aware of the officers’ outside employment. As a result of their injuries, both Cabello and Swanson sought workers’ compensation benefits.

At all times relevant herein, the Association and the City were parties to a collective bargaining agreement (CBA). The process for resolving grievances is set forth in the CBA. Notably, the CBA provides for the submission to binding arbitration of those disputes that cannot be resolved through the grievance process. On May 21, 1999, the Association filed a labor grievance against the City on Cabello’s behalf. Although the grievance has not been made part of the record, it apparently alleged that the City did not provide Cabello with workers’ compensation benefits for that portion of earnings attributable to his off-duty employment. On August 6, 1999, the Association filed a similar grievance on Swanson’s behalf. Cabello and Swanson were unable to resolve their grievances through the procedure set forth in the CBA, and arbitration was scheduled for March 31, 2000.

On March 29, 2000, the City filed a complaint for declaratory judgment and stay of arbitration pursuant to section 2(b) of the Uniform Arbitration Act (710 ILCS 5/2(b) (West 2000)). In its complaint, the City argued that it was not required to arbitrate the grievances filed by Cabello and Swanson because the CBA is silent regarding entitlement to workers’ compensation benefits for the loss of wages attributable to concurrent employment. In response, defendants filed an answer and affirmative defense. Defendants asserted that the City violated an implied term of the CBA by discontinuing an “unequivocal, clearly enunciated and readily ascertainable past practice” of providing to Association members workers’ compensation benefits for the loss of secondary employment wages when the member has been unable to work off duty as a result of an injury sustained while serving as a police officer. Defendants contended that whether the City could discontinue this past practice was subject to arbitration. On August 3, 2000, the City filed a motion to strike and dismiss defendants’ affirmative defense. The City alleged that defendants’ affirmative defense was insufficient in law because, in deciding whether to stay the arbitration, it was not necessary for the court to consider past practices.

On December 6, 2000, the trial court denied the City’s motion to strike and dismiss defendants’ affirmative defense. In its P/a-page decision, the court wrote that “payments supplementing those paid under the workman’s compensation law are related to conditions of employment, [and] they are presumptively arbitrable” unless the parties agree otherwise. See 5 ILCS 315/8 (West 2000) (“The collective bargaining agreement negotiated between the employer and the exclusive representative shall contain a grievance resolution procedure which *** shall provide for final and binding arbitration of disputes concerning the administration or interpretation of the agreement unless mutually agreed otherwise”); Illinois Fraternal Order of Police Labor Council v. Town of Cicero, 301 Ill. App. 3d 323, 334 (1998). The court found that the language of the CBA does not state that “this condition of employment” is not arbitrable. Thus, the court concluded that “[wlhether there is an implied condition in the [CBA] established by past practices of the City in awarding benefits for outside employment is subject to arbitration” under section 8 of the Illinois Public Labor Relations Act (5 ILCS 315/8 (West 2000)).

On December 10, 2001, defendants filed a motion pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 619 (West 2000)), seeking to dismiss the City’s complaint for declaratory judgment. In their motion, defendants also sought to compel arbitration. Attached to the motion was a letter from the City dated April 11, 2001, listing the names of seven Rockford police officers “who received worker’s compensation benefits for secondary employment within the last five years.” On March 1, 2002, the court denied defendants’ motion. In its memorandum of decision, the court stated that “the merits of the [City’s] Petition and the affirmative defense must be heard, with evidence if necessary.” The cause was initially set for hearing on May 23, 2002, but was continued to July 18, 2002.

On July 18, 2002, the court entered an agreed order allowing the City to file instanter a motion to reconsider the court’s ruling on the City’s motion to strike and dismiss defendants’ affirmative defense. In its motion to reconsider, the City argued that the court’s interpretation of section 8 of the Public Labor Relations Act would lead to an absurd result in that it would require the parties to a CBA to anticipate every possible issue that could arise and mutually agree not to arbitrate certain issues. The matter was continued until September 18, 2002.

On September 18, 2002, the court denied the City’s motion to reconsider and the parties set a schedule to brief the issues raised by the City in its complaint for declaratory judgment and stay of arbitration. On November 5, 2002, defendants filed a motion for summary judgment, asserting that there were no contested issues of material fact. On December 4, 2002, the City filed, inter alia, its motion for summary judgment. On June 12, 2003, the court granted defendants’ motion for summary judgment for the reasons “previously outlined in [the] Memorandum of Decision on the Motion to Strike Affirmative Defense.” The court concluded that “the arbitrability of Workman’s Compensation benefits” and “[t]he issue of whether there is an agreement established by past practices of the City in awarding Workman’s Compensation benefits for outside employment” are subject to arbitration. On July 11, 2003, the City filed a notice of appeal.

On appeal, the City challenges the decision of the trial court on several bases. The essence of the City’s arguments is that the trial court erred as a matter of law in granting summary judgment in defendants’ favor, and we confine our discussion to that issue. At the outset, however, we briefly address a preliminary matter.

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Bluebook (online)
813 N.E.2d 1083, 351 Ill. App. 3d 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-rockford-v-unit-six-of-the-policemens-benevolent-protective-illappct-2004.