County of Cook v. Illinois Local Labor Relations Board

551 N.E.2d 229, 189 Ill. App. 3d 1057, 141 Ill. Dec. 236, 1990 Ill. App. LEXIS 211
CourtAppellate Court of Illinois
DecidedFebruary 16, 1990
Docket1-87-3254
StatusPublished
Cited by10 cases

This text of 551 N.E.2d 229 (County of Cook v. Illinois Local 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
County of Cook v. Illinois Local Labor Relations Board, 551 N.E.2d 229, 189 Ill. App. 3d 1057, 141 Ill. Dec. 236, 1990 Ill. App. LEXIS 211 (Ill. Ct. App. 1990).

Opinions

JUSTICE COCCIA

delivered the opinion of the court:

Petitioner County of Cook, Cermak Health Services, takes this direct appeal from a Local Labor Relations Board order entered in favor of respondent General Service Employees Union, Local 73, SEIU, AFL-CIO. The board directed petitioner to cease and desist from imposing new employment qualifications upon incumbent employees, unless it first offered to bargain with respondent over those qualifications. We have concluded, however, that Illinois Supreme Court Rule 303(a) (107 Ill. 2d R. 303(a)) governs direct review of board orders; therefore, since petitioner did not commence its appeal within 30 days as required by Rule 303(a), it must be dismissed for lack of jurisdiction.

Petitioner provides health care services to persons incarcerated at the Cook County Department of Corrections. In February 1987, petitioner’s director posted a notice, announcing that if certain classes of emergency medical technicians wished to retain their jobs, they would be required to obtain paramedic licenses from the State of Illinois. Such licensing had not been required previously. Respondent, which represents employees affected by the new requirements, filed a grievance with the board on February 13, 1987. Respondent accused petitioner of committing an unfair labor practice, by not bargaining over the imposition of the new job prerequisites prior to adopting them.

Based upon this charge, the board issued a complaint on February 26, 1987. On July 2, 1987, a hearing officer concluded that petitioner, by failing to bargain with respondent, violated the Illinois Public Labor Relations Act (Ill. Rev. Stat. 1987, ch. 48, par. 1601 et seq.): The hearing officer recommended that petitioner be ordered to cease and desist from imposing changes in the employment conditions of the incumbent employees, unless it first bargained in good faith with respondent regarding those changes.

Petitioner and respondent thereafter filed exceptions with the board to the hearing .officer’s recommended decision. On September 21, 1987, the board issued a cease and desist order. The board further directed petitioner to rescind the new employment qualifications as to the incumbent employees, and to reinstate, with back pay, incumbent employees displaced as a result of the new job prerequisites.

Petitioner filed its petition for review with the clerk of this court on October 23, 1987, 32 days after the board’s order was entered. A petition for review is, in essence, a notice of appeal. (See 107 Ill. 2d R. 335, Committee Comments, at 444.) Supreme Court Rule 303(a) provides:

“[T]he notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from ***.” (107 Ill. 2d R. 303 (a)(1).)

If an appeal is not commenced within 30 days after the entry of the order appealed from, the appellate court lacks jurisdiction. (See Bolin v. Sosamon (1989), 181 Ill. App. 3d 442, 445, 537 N.E.2d 11, 12.) Accordingly, we raised the issue of timeliness sua sponte at oral argument. See In re Marriage of Lawrence (1986), 146 Ill. App. 3d 307, 309, 496 N.E.2d 538, 540.

I

The procedure for obtaining review of Local Labor Relations Board orders is described in section 11(e) of the Illinois Public Labor Relations Act:

“A charging party or any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may apply for and obtain judicial review of an order of the Board entered under this Act, in accordance with the provisions of the Administrative Review Law, as now or hereafter amended, except that such judicial review shall be afforded directly in the appellate court ***.” (Ill. Rev. Stat. 1987, ch. 48, par. 1611(e).)

Turning to section 3 — 103 of the Administrative Review Law, we find:

“Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected thereby.” Ill. Rev. Stat. 1987, ch. 110, par. 3-103.

As a matter of common sense, however, section 3 — 103 does not apply to direct review of administrative decisions in the appellate court, for it requires “the filing of a complaint and the issuance of summons” in order to commence review. (Ill. Rev. Stat. 1987, ch. 110, par. 3 — 103.) This is the language of circuit court practice, not appellate court practice. Undoubtedly, the legislature’s use of such terms can be traced to the fact that the Administrative Review Law contemplates review by the circuit, and not the appellate, court.

Thus, the supreme court was moved to promulgate Supreme Court Rule 335 (107 Ill. 2d R. 335), in order to clarify which sections of the Administrative Review Law are appropriate for direct review by the appellate court, rather than the circuit court. Indeed, the committee comments to Rule 335 state:

“A number of Administrative Review Act requirements are not suitable for the direct review of administrative orders by the Appellate Court.” 107 Ill. 2d R. 335, Committee Comments, at 443.

The comments continue:

“[T]he petition for review serves the function of the notice of appeal, and nothing else *** .” (107 Ill. 2d R. 335, Committee Comments, at 444.)

The similarity between the petition for review and the notice of appeal is confirmed by the text of Rule 335(b), wherein the supreme court ordains that Rule 303(d), which governs service of the notice of appeal, shall govern service of the petition for review. 107 Ill. 2d R. 335(b).

Ultimately, it is the plain language of Supreme Court Rule 335(h) which establishes that Rule 303(a) is suitable for direct review of Local Labor Relations Board orders, and that section 3— 103 of the Administrative Review Law is unsuitable for such review. Rule 335(h) provides:

“(1) Insofar as appropriate, the provisions of Rules 301 through 373 (except for Rules 321 through 326) are applicable to proceedings under this rule. ***
(2) Sections 3-101, 3 — 108(c), 3-109, 3-110, and 3-111 of the Code of Civil Procedure [the Administrative Review Law] are applicable to proceedings to review orders of the agency.” (107 Ill. 2d R. 335(h).)

Because Rule 303(a) is within the rules listed as appropriate in sub-paragraph (1) of Rule 335(h), it is suitable for direct review of board orders. Additionally, the committee comments quoted above confirm that a petition for review is a notice of appeal in everything but name, so the rule governing the timeliness of such notices — Rule 303(a) — should govern the timeliness of petitions for review.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Vroegh v. J & M Forklift
255 Ill. App. 3d 155 (Appellate Court of Illinois, 1993)
Central City Education Ass'n. v. Illinois Educational Labor Relations Board
557 N.E.2d 418 (Appellate Court of Illinois, 1990)
Water Pipe Extension v. City of Chicago
551 N.E.2d 1324 (Appellate Court of Illinois, 1990)
Afscme v. Islrb
553 N.E.2d 415 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
551 N.E.2d 229, 189 Ill. App. 3d 1057, 141 Ill. Dec. 236, 1990 Ill. App. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-cook-v-illinois-local-labor-relations-board-illappct-1990.