County of Du Page v. Illinois Labor Relations Board

900 N.E.2d 1095, 231 Ill. 2d 593, 326 Ill. Dec. 848, 2008 Ill. LEXIS 1835
CourtIllinois Supreme Court
DecidedDecember 18, 2008
Docket105395
StatusPublished
Cited by108 cases

This text of 900 N.E.2d 1095 (County of Du Page v. Illinois 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
County of Du Page v. Illinois Labor Relations Board, 900 N.E.2d 1095, 231 Ill. 2d 593, 326 Ill. Dec. 848, 2008 Ill. LEXIS 1835 (Ill. 2008).

Opinions

CHIEF JUSTICE FITZGERALD

delivered the judgment of the court, with opinion.

Justices Freeman, Kilbride and Burke concurred in the judgment and opinion.

Justice Thomas concurred in part and dissented in part, with opinion, joined by Justices Garman and Karmeier.

OPINION

The Illinois Labor Relations Board, State Panel (the Board), and the Metropolitan Alliance of Police, Du Page County Sheriff’s Police Chapter #126 (MAP or the Union) appeal from a judgment of the appellate court vacating the Board’s certification of MAP as the exclusive bargaining representative for a unit of deputy sheriffs employed by the County of Du Page and the sheriff of Du Page County (collectively, the Employer) (375 Ill. App. 3d 765). At issue is the proper interpretation of section 9(a — 5) of the Illinois Public Labor Relations Act (5 ILCS 315/9(a — 5) (West 2004)).

For the reasons discussed below, we reverse the judgment of the appellate court, and remand to the appellate court for further review.

BACKGROUND

The Illinois Public Labor Relations Act (the Act) grants public employees “full freedom of association, self-organization, and designation of representatives of their own choosing for the purposes of negotiating wages, hours and other conditions of employment.” 5 ILCS 315/2 (West 2004). Prior to the adoption of section 9(a — 5) of the Act (see Pub. Act 93 — 444, eff. August 5, 2003), unless a public employee was a member of a historically recognized bargaining unit, or the public employer voluntarily recognized a labor organization as the exclusive bargaining representative for a unit of employees, the only means available for public employees to exercise their collective-bargaining rights was through a secret ballot election. See 5 ILCS 315/3(f), 9(d), (f) (West 2002). When the legislature enacted section 9(a — 5), it provided public employees and labor organizations an alternative to the election process. Section 9(a — 5) states:

“The [Illinois Labor Relations] Board shall designate an exclusive representative for purposes of collective bargaining when the representative demonstrates a showing of majority interest by employees in the unit. If the parties to a dispute are without agreement on the means to ascertain the choice, if any, of employee organization as their representative, the Board shall ascertain the employees’ choice of employee organization, on the basis of dues deduction authorization and other evidence, or, if necessary, by conducting an election. If either party provides to the Board, before the designation of a representative, clear and convincing evidence that the dues deduction authorizations, and other evidence upon which the Board would otherwise rely to ascertain the employees’ choice of representative, are fraudulent or were obtained through coercion, the Board shall promptly thereafter conduct an election. The Board shall also investigate and consider a party’s allegations that the dues deduction authorizations and other evidence submitted in support of a designation of representative without an election were subsequently changed, altered, withdrawn, or withheld as a result of employer fraud, coercion, or any other unfair labor practice by the employer. If the Board determines that a labor organization would have had a majority interest but for an employer’s fraud, coercion, or unfair labor practice, it shall designate the labor organization as an exclusive representative without conducting an election.” (Emphasis added.) 5 ILCS 315/9(a — 5) (West 2004).

A union seeking to be certified under section 9(a — 5) must file with the Board a “majority interest petition,” i.e., a representation petition “accompanied by a showing of interest evidencing that a majority of the employees in the petitioned-for bargaining unit wish to be represented by the labor organization.” 80 Ill. Adm. Code § 1210.80(b) (as amended at 28 Ill. Reg. 4172, eff. February 19, 2004). Under the Board’s rules, the showing of interest in support of such a petition “may consist of authorization cards, petitions, or any other evidence that demonstrates that a majority of the employees wish to be represented by the union for the purposes of collective bargaining.” (Emphasis added.) 80 Ill. Adm. Code §1210.80(d)(2)(A) (as amended at 28 Ill. Reg. 4172, eff. February 19, 2004). The evidence of majority support must contain original, legible, signatures, which do not predate the filing of the petition by more than six months. 80 Ill. Adm. Code §§1210.80(d)(2)(B), (d)(2)(C), (d)(2)(D) (as amended at 28 Ill. Reg. 4172, eff. February 19, 2004). In addition, the showing of interest “shall state that by signing the card the employee acknowledges that if a majority of his/her co-workers in an appropriate unit sign evidence of majority support, the card can be used by the petitioner to obtain certification as the employees’ exclusive representative without an election.” 80 Ill. Adm. Code §1210.80(d)(2)(E) (as amended at 28 Ill. Reg. 4172, eff. February 19, 2004). Evidence of majority support is not furnished to any of the parties. 80 Ill. Adm. Code §1210.80(e)(1) (as amended at 28 Ill. Reg. 4172, eff. February 19, 2004).

The employer is required to submit signature exemplars for the employees in the proposed bargaining unit and is permitted an opportunity to respond to the petition. 80 Ill. Adm. Code §§1210.100(b)(2), (b)(3) (as amended at 28 Ill. Reg. 4172, eff. February 19, 2004). In addition to providing “clear and convincing evidence of any alleged fraud or coercion in obtaining majority support,” the employer must set forth its “position with respect to the matters asserted in the petition, including, but not limited to, the appropriateness of the bargaining unit and, to the extent known, whether any employees sought by petitioner to be included should be excluded from the unit.” 80 Ill. Adm. Code §1210.100(b)(3) (as amended at 28 Ill. Reg. 4172, eff. February 19, 2004). “Any person aggrieved” by an order of the Board certifying a labor organization “may apply for and obtain judicial review in accordance with provisions of the Administrative Review Law *** directly in the Appellate Court for the district in which the aggrieved party resides or transacts business.” 5 ILCS 315/9(i) (West 2004).

The present legal dispute arose out of a majority interest petition filed by MAP on June 15, 2005, in case number S — RC—05—153, in which MAP sought to be certified as the exclusive representative for a unit of Du Page County deputy sheriffs. The Employer objected to the petition on several grounds. One of its objections, relevant here, stemmed from the difference between the statutory language and the Board’s rules. As set forth above, section 9 (a — 5) of the Act requires the Board to ascertain the employees’ choice of representative “on the basis of dues deduction authorization and other evidence,” whereas the Board’s rules require “authorization cards, petitions, or any other evidence” demonstrating a majority interest. (Emphases added.) Compare 5 ILCS 315/9(a — 5) (West 2004) with 80 Ill. Adm. Code §1210.80(d)(2)(A) (as amended at 28 Ill. Reg. 4172, eff.

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Bluebook (online)
900 N.E.2d 1095, 231 Ill. 2d 593, 326 Ill. Dec. 848, 2008 Ill. LEXIS 1835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-du-page-v-illinois-labor-relations-board-ill-2008.