City of St. Charles v. Illinois Labor Relations Board

916 N.E.2d 881, 395 Ill. App. 3d 507
CourtAppellate Court of Illinois
DecidedOctober 8, 2009
Docket2-08-0732
StatusPublished
Cited by15 cases

This text of 916 N.E.2d 881 (City of St. Charles 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
City of St. Charles v. Illinois Labor Relations Board, 916 N.E.2d 881, 395 Ill. App. 3d 507 (Ill. Ct. App. 2009).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

Petitioner, the City of St. Charles (City), directly appeals the Illinois Labor Relations Board (ILRB) ruling that the City’s filing of exceptions to the recommended decision and order of the administrative law judge (ALJ) was untimely. We reverse the ILRB ruling and remand the cause for consideration on the merits of the exceptions.

BACKGROUND

In May 2007, the Metropolitan Alliance of Police, St. Charles Sergeants Chapter #28 (MAP), filed a majority-interest petition with the ILRB, seeking certification as the exclusive bargaining representative of a bargaining unit consisting of all full-time sworn police sergeants employed by the City, pursuant to section 9 (a — 5) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/9(a — 5) (West 2006)). The ILRB held a hearing on September 7 and 10, 2007, and the ALJ issued a recommended decision and order on June 4, 2008. On the same day, the decision and order were mailed by certified mail to the City, return receipt requested. On June 23, 2008, the City filed its exceptions via fax.

In three letters to the City, all written on July 2, 2008, the ILRB’s executive director stated that the United States Postal Service certified mail “green card” showed that the City received the ALJ’s recommended decision and order on June 6, and he indicated that the exceptions should have been filed within 14 days, no later than June 20. He also stated that a party not filing timely exceptions waives its right to object to the recommended decision and order. He further stated that the ILRB does not have a three-day mailing rule; rather, he stated that section 1200.30(c) of title 80 of the Illinois Administrative Code (Code) (80 Ill. Adm. Code § 1200.3(c), amended at 27 Ill. Reg. 7365, eff. May 1, 2003) sets forth a presumption to be used when there is no other evidence as to the date of service. He then stated that since the “green card” indicated the actual date on which the City was served, there was no need to employ the presumption. On July 9, the ILRB rejected the exceptions as untimely and adopted the ALJ’s decision. The ILRB’s order, dated July 9, 2008, read in pertinent part:

“[The ALJ] issued a recommended Decision and Order *** on June 4, 2008. Records maintained by the United States Postal Service indicate that the [City] received the *** Decision and Order on June 6, 2008.”

The ILRB ruled that the City’s exceptions had to be filed by no later than Friday, June 20, in order to be timely. Therefore, because the City filed its exceptions on Monday, June 23, the ILRB ruled that the City had waived its right to object, pursuant to section 1200.135(b)(1) of title 80 of the Code (80 Ill. Adm. Code §1200.135(b)(l), added at 27 Ill. Reg. 7386, eff. May 1, 2003).

On July 10, 2008, the ILRB issued a certification of representative, recognizing MAP as the bargaining representative. On August 6, 2008, the City timely filed with this court a petition for review of the ILRB’s order and the certification of representative.

ANALYSIS

In reviewing an administrative decision, this court must consider whether the question presented is one of fact, one of law, or a mixed question of fact and law. AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 390 (2001). “If the issue necessitates the interpretation of a statute, regulation, or rule connected with the administrative agency involved in the case, the question is one of law, the standard of review for the reviewing court is de novo, and the agency’s interpretation is considered relevant but not binding on the reviewing court.” Biekert v. Maram, 388 Ill. App. 3d 1114, 1118 (2009). There is no dispute as to the underlying facts in this case; the question presented is one of regulatory interpretation. Thus, we review de novo the ILRB’s decision. City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 205 (1998); Village of Roselle v. Roselle Police Pension Board, 382 Ill. App. 3d 1077, 1080 (2008).

As administrative rules and regulations have the force and effect of law, they are construed under the same standards that govern the construction of statutes. People ex rel. Madigan v. Illinois Commerce Comm’n, 231 Ill. 2d 370, 380 (2008). The primary objective in interpreting an agency’s regulation is to ascertain and give effect to the intent of the agency, using the language of the regulation as the best indicator of the agency’s intent. Madigan, 231 Ill. 2d at 380; Radaszewski v. Garner, 346 Ill. App. 3d 696, 700 (2003). Further, in order to determine the plain meaning of a regulation, we must consider it in its entirety, keeping in mind the subject it addresses and the apparent intent of the agency in enacting it. Madigan, 231 Ill. 2d at 380.

Section 1200.135(b)(1) of title 80 the Code provides that in representation proceedings, parties may file exceptions to the ALJ’s recommended decision and order “no later than 14 days after service of the recommended decision and order.” 80 Ill. Adm. Code §1200.135(b)(1), added at 27 Ill. Reg. 7386, eff. May 1, 2003.

Section 1200.30(c) of title 80 of the Code provides for a presumption of service to a party three days after mailing: “Service of a document upon a party by mail shall be presumed complete 3 days after mailing, if proof of service shows the document was properly addressed. This presumption may be overcome by the addressee, with evidence establishing that the document was not delivered or was delivered at a later date.” (Emphasis added.) 80 Ill. Adm. Code §1200.30(c), amended at 27 Ill. Reg. 7375, eff. May 1, 2003. The regulations do not allow the addresser the right or the authority to overcome the presumption. The maxim of construction inclusio unius est exclusio alterius means that the inclusion of one thing implies the exclusion of another; in other words, “where a statute lists the thing or things to which it refers, the inference is that all omissions are exclusions, even in the absence of limiting language.” McHenry County Defenders, Inc. v. City of Harvard, 384 Ill. App. 3d 265, 282 (2008). This maxim holds true for administrative regulations as well as statutes. See Marion Hospital Corp. v. Illinois Health Facilities Planning Board, 324 Ill. App. 3d 451, 456 (2001) (the rules of statutory construction apply when construing the provisions of the Code).

By providing for the presumption of service three days after mailing, these regulations inure to the benefit of the addressor, in this case, the ILRB. The presumption establishes effective notice, and the burden shifts to the addressee to establish with sufficient evidence that actual delivery occurred at a later date. The rule allows an addressee (the City) to demonstrate that the document was not received within three days, or never received at all. 1 The rule does not allow the ILRB to do what it has done to overcome the presumption of service by mailing.

The ILRB interprets the rule to mean that the exceptions were due 14 days after actual service. Therefore, the ILRB contends, the City was late with its filing and the refusal to accept the filing was proper.

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Bluebook (online)
916 N.E.2d 881, 395 Ill. App. 3d 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-st-charles-v-illinois-labor-relations-board-illappct-2009.