Decatur Federation of Teachers v. Illinois Educational Labor Relations Board

556 N.E.2d 780, 199 Ill. App. 3d 190, 145 Ill. Dec. 162, 1990 Ill. App. LEXIS 894
CourtAppellate Court of Illinois
DecidedJune 21, 1990
Docket4-89-0772
StatusPublished
Cited by8 cases

This text of 556 N.E.2d 780 (Decatur Federation of Teachers v. Illinois Educational 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
Decatur Federation of Teachers v. Illinois Educational Labor Relations Board, 556 N.E.2d 780, 199 Ill. App. 3d 190, 145 Ill. Dec. 162, 1990 Ill. App. LEXIS 894 (Ill. Ct. App. 1990).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

On appeal, petitioner, Decatur Federation of Teachers, IFT-AFT, AFL-CIO (DFT), appeals an order of the Illinois Educational Labor Relations Board (Board), adopting in full a hearing officer’s recommendation and order, which set aside a representation election and ordered a new election to be held. Decatur School District No. 61, 5 Pub. Employee Rep. (Ill.) par. 1169, No. 89—RC—0020—S (Illinois Educational Labor Relations Board, Sept. 25, 1989).

We affirm.

PROCEDURAL BACKGROUND

On February 28, 1989, DFT filed a representation petition with the Board, seeking an election in a bargaining unit consisting of approximately 914 certified employees of the Decatur School District 61 (District). At the time the petition was filed, the District’s employees were represented by the Decatur Education Association, IEA-NEA (DEA).

On March 8, 1989, the parties entered into an agreement for a consent election. The notice of election describing the unit and setting forth the date and times of the election was sent to the parties on March 13, 1989. Subsequently, on April 12, 1989, a preelection conference was held. On the following day, the election was held at three sites — Eisenhower High School, MacArthur High School, and Stephen Decatur High School. The polls were scheduled to be opened for two sessions — a morning session from 7 a.m. to 8:30 a.m. and an afternoon session from 2:30 p.m. to 6 p.m. Three Board agents monitored the voting at the respective polling sites, and DFT and DEA assigned observers to each site for both sessions.

The initial tally of the ballots, conducted immediately after the election, produced the following results:

1. Approximate number of eligible voters 949

2. Void ballots 2

3. Votes cast for DEA 406

4. Votes cast for DFT 407

5. Votes cast for_

6. Votes cast against participating labor organizations) 2

7. Valid votes counted 815

8. Challenged ballots 3

9. Valid votes counted plus challenged ballots 818

On the day following the count, April 14, 1989, the Board agent to whom the case was assigned served the parties with a “corrected” tally of ballots. Based on the corrected tally, the following figures were produced:

2. Void ballots 0

3. Votes cast for DEA 405

6. Votes cast against participating labor organization^) 2
7. Valid votes counted 814
8. Challenged ballots 6
9. Valid votes counted plus challenged ballots 820

At the tally of the ballots, the parties challenged the counting of several ballots. In addition, on April 20, 1989, DEA filed timely objections to the conduct of the election pursuant to section 8 of the Illinois Educational Labor Relations Act (Act) (111. Rev. Stat. 1987, ch. 48, par. 1708). On May 3, DFT responded to the objections.

After investigating the circumstances surrounding the objections and the challenges, the Executive Director issued a preliminary order on May 5, 1989 (Decatur School District 61, 5 Pub. Employee Rep. (Ill.) par. 1099, No. 89—RC—0020—S (Illinois Educational Labor Relations Board, Executive Director, May 5, 1989)), followed by his recommended decision and order (Decatur School District 61, 5 Pub. Employee Rep. (Ill.) par. 1100, No. 89—RC—0020—S (Illinois Educational Labor Relations Board, Executive Director, May 10, 1989)) advising the parties of his determination and disposition of the matters at issue. In those orders, the Executive Director ordered the election conducted on April 13, 1989, to be set aside, and a new election to be conducted on May 24, 1989. More specifically, the Executive Director sustained objection No. 1 filed by DEA, which involved the temporary closing of one election site.

The Executive Director also ruled on six challenges. First, he accepted DFT’s withdrawal of its challenge to the ballot of Cole Williams and overruled the challenges to two late voters. Thus, he ruled that all three of these ballots should be counted. With regard to the last three challenged ballots, he ruled one ballot void, another ballot cast for DFT, and the remaining ballot cast for “No Representative.”

On May 10, 1989, DEA filed a motion to stay the Executive Director’s actions. Two days later, DFT filed a response to DEA’s motion to stay. On May 15, 1989, both labor organizations filed exceptions to the Executive Director’s recommended decision and order. That same day, DFT filed a response to DEA’s “limited exception.” On May 23, 1989, the Executive Director found probable cause to hold a hearing.

On May 30, 1989, the Board reversed the Executive Director, can-celled the May 24, 1989, election, and ordered a hearing to be held on all objections and challenges, stating that it was not prepared to find, without benefit of hearing, that such conduct affected the outcome of the election. (Decatur School District 61, 5 Pub. Employee Rep. (Ill.) par. 1118, No. 89—RC—0020—S (Illinois Educational Labor Relations Board, May 30, 1989).) It also noted that in the private sector and some public jurisdictions, there must be an affirmative showing that eligible voters were disenfranchised by a deviation from the scheduled voting times, recognizing this standard was an unresolved issue of law under the Act. See Decatur School District 61, 5 Pub. Employee Rep. (Ill.) par. 1118, No. 89—RC—0020—S, at IX-264 (Illinois Educational Labor Relations Board, May 30, 1989) (and cases cited therein).

On June 5, 1989, a hearing was held on all challenges and objections to the election. At that hearing, the parties entered into several stipulations. Two stipulations related to the challenged ballots. The first stipulation was that the ballot of Cole Williams should be counted. The second stipulation was that the ballot opened and stating, “get rid of State Representative,” should be counted for DFT. As a result of these stipulations, the votes were retallied to read:

4. Votes cast for DFT 408
6. Votes cast against participating labor organization(s) 2
7. Valid votes counted 816
8. Challenged ballots 4

A written stipulation, also agreed to by the parties, read as follows:

“The Board Agent assigned to the MacArthur Polling site did temporarily close down the polls between 4:15 p.m. and 4:30 p.m. to take a rest-room break.

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556 N.E.2d 780, 199 Ill. App. 3d 190, 145 Ill. Dec. 162, 1990 Ill. App. LEXIS 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/decatur-federation-of-teachers-v-illinois-educational-labor-relations-illappct-1990.