Department of Central Management Services v. American Federation of State, County & Municipal Employees

554 N.E.2d 759, 197 Ill. App. 3d 503, 143 Ill. Dec. 824, 1990 Ill. App. LEXIS 600
CourtAppellate Court of Illinois
DecidedMay 1, 1990
Docket4—89—0596, 4—89—0597 cons.
StatusPublished
Cited by19 cases

This text of 554 N.E.2d 759 (Department of Central Management Services v. American Federation of State, County & Municipal Employees) 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
Department of Central Management Services v. American Federation of State, County & Municipal Employees, 554 N.E.2d 759, 197 Ill. App. 3d 503, 143 Ill. Dec. 824, 1990 Ill. App. LEXIS 600 (Ill. Ct. App. 1990).

Opinion

JUSTICE GREEN

delivered the opinion of the court:

In two consolidated appeals, defendant American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO, appeals from judgments of the circuit court of Sangamon County entered July 6, 1989, in favor of plaintiffs, the Illinois Department of Central Management Services (CMS) and the Illinois Department of Corrections (DOC), setting aside certain arbitration awards in favor of certain DOC employees represented by AFSCME. These arbitration awards had set aside discharges of those employees and lessened sanctions previously imposed by CMS.

Under the terms of a collective-bargaining agreement between the parties, the employees had a right to submit the discharges to arbitration and did so. Plaintiffs filed applications to vacate the awards in the circuit court of Sangamon County on May 11, 1987, and January 13, 1988, pursuant to section 8 of the Illinois Public Labor Relations Act (Act) (Ill. Rev. Stat. 1987, ch. 48, par. 1608). That court held the awards were contrary to public policy and entered the order from which appeal is taken.

On review in this court, AFSCME maintains (1) the Illinois State Labor Relations Board (Board), rather than the circuit court, has exclusive jurisdiction over challenges to arbitration awards issued under collective-bargaining agreements subject to the Act where, as here, the challenge to the award is that it violates public policy, and (2) the awards here did not violate public policy.

The question of jurisdiction is complicated and must be considered first. The facts of the case can best be considered together with the question of whether the awards, or any of them, did violate public policy. Accordingly, we defer discussion of the facts at this point and proceed with the question of jurisdiction.

AFSCME does not dispute that under the Act, as distinguished from the Illinois Educational Labor Relations Act (IELRA) (Ill. Rev. Stat. 1987, ch. 48, par. 1701 et seq.), the circuit court does have some power to review awards arising out of arbitration provided for in collective-bargaining agreements. Rather, it contends that the decision in Board of Education of Community School District No. 1 v. Compton (1988), 123 Ill. 2d 216, 526 N.E.2d 149, sets forth a doctrine whereby the power to determine whether arbitration awards, such as those here, are contrary to public policy is vested exclusively in the Board pursuant to section 5(a) of the Act. Ill. Rev. Stat. 1987, ch. 48, par. 1605(a).

Section 8 of the Act provides that the “grievance and arbitration provisions of any collective bargaining agreement shall be subject to the Illinois ‘Uniform Arbitration Act’ ” (UAA) (Ill. Rev. Stat. 1987, ch. 10, par. 101 et seq.). (Ill. Rev. Stat. 1987, ch. 48, par. 1608.) Section 12(a) of the UAA instructs the circuit court to vacate an arbitration award under certain circumstances, none of which are applicable here. (Ill. Rev. Stat. 1987, ch. 10, par. 112(a).) Subsection (e) of section 12 of the UAA further provides as follows:

“Nothing in this Section or any other Section of this Act shall apply to the vacating, modifying, or correcting of any award entered as a result of an arbitration agreement which is a part of or pursuant to a collective bargaining agreement; and the grounds for vacating, modifying, or correcting such an award shall be those which existed prior to the enactment of this Act.” (Emphasis added.) Ill. Rev. Stat. 1987, ch. 10, par. 112(e).

In Board of Trustees of Community College District No. 508 v. Cook County College Teachers Union, Local 1600 (1979), 74 Ill. 2d 412, 386 N.E.2d 47, the supreme court upheld a circuit court decision voiding an arbitration award rendered pursuant to procedures contained in a collective-bargaining agreement, because the award required an employer to perform an act contrary to public policy. The award required the employer to give extra work to teachers who had engaged in an illegal strike. The supreme court concluded the award “drew its essence from the collective bargaining agreement,” but it was necessary to vacate the award “as being repugnant to public policy.” (Cook County College Teachers Union, 74 Ill. 2d at 423, 426, 386 N.E.2d at 52, 53.) That court noted that, under section 12(e) of the UAA, the grounds for modification of awards arising from collective-bargaining agreements were not those stated in the UAA. Accordingly, the opinion makes clear that the public policy issue upon which that case was decided was grounds for vacation of arbitration awards which existed at common law before the enactment of the UAA.

The Cook County College Teachers Union case was decided before the enactment of the Act and the IELRA, which together govern labor relations between State educational and local governmental employers and their employees. Those acts admittedly made drastic changes in those relationships. In Compton, the court held that, under the IELRA, where that legislation made no reference to the UAA, the General Assembly intended that circuit courts have no jurisdiction to review awards made pursuant to collective-bargaining agreements under that Act. Although recognizing that circuit court review under the limited scope set forth in the UAA, or even under the common law, would be permissible here, AFSCME maintains the broad scope of the Compton decision would vest the Board with the responsibility of determining the public policy issue in this case.

First, AFSCME notes that, in Compton and Board of Education of Warren Township High School District 121 v. Warren Township High School Federation of Teachers, Local 504 (1989), 128 Ill. 2d 155, 538 N.E.2d 524, the supreme court indicated the legislature intended to place primary jurisdiction over arbitration disputes with IELRB. However, the reference in the Act to direct review in the circuit court under the UAA clearly shows a different primary jurisdiction under the Act than under the IELRA.

AFSCME also makes reference to the general policy of limiting the number of jurisdictions which pass upon matters of labor arbitration in order to avoid a multiplicity of interpretation. Here, again, the Act differs from the IELRA not only in the provision for the UAA review of awards, but also in the provision in section 11(e) of the Act, whereby judicial review of a Board order is to be obtained in the appellate court of the district where the aggrieved party resides. Under section 16(e) of the IELRA (Ill. Rev. Stat. 1987, ch. 48, par. 1716(e)), such judicial review is obtainable only in the appellate court for districts in which an IELRB office is located. At present, such review is obtainable only in the first and fourth districts. Nothing in the foregoing matters called to our attention by AFSCME convinces us the legislature did not intend for the circuit court, in giving it limited review of arbitration awards, to rule on the question of whether an award violates public policy.

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Bluebook (online)
554 N.E.2d 759, 197 Ill. App. 3d 503, 143 Ill. Dec. 824, 1990 Ill. App. LEXIS 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-central-management-services-v-american-federation-of-state-illappct-1990.