Illinois Council of Police v. Illinois Labor Relations Board

936 N.E.2d 1212, 404 Ill. App. 3d 589, 344 Ill. Dec. 455, 189 L.R.R.M. (BNA) 2745, 2010 Ill. App. LEXIS 1049
CourtAppellate Court of Illinois
DecidedSeptember 30, 2010
Docket1—09—1859, 1—09—1860 cons.
StatusPublished
Cited by4 cases

This text of 936 N.E.2d 1212 (Illinois Council of Police 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.

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Illinois Council of Police v. Illinois Labor Relations Board, 936 N.E.2d 1212, 404 Ill. App. 3d 589, 344 Ill. Dec. 455, 189 L.R.R.M. (BNA) 2745, 2010 Ill. App. LEXIS 1049 (Ill. Ct. App. 2010).

Opinion

JUSTICE KARNEZIS

delivered the opinion of the court:

The Illinois Council of Police (ICOP), a labor union, filed a majority interest representation petition with the Illinois Labor Relations Board, Local Panel (the Board), seeking certification as the exclusive representative of all aviation security sergeants (sergeants) employed by the City of Chicago (the City). Over the City’s objections that a new, stand-alone bargaining unit consisting solely of sergeants was inappropriate under the Illinois Public Labor Relations Act (5 ILCS 315/1 et seq. (West 2008)) (the Act), the Board granted the petition. ICOP and the City each filed a petition for direct review of the Board’s decision with this court. We consolidated the appeals. In appeal No. 1 — 09—1859, ICOP argues the Board, in certifying the proposed bargaining unit, erred in finding that the sergeants were not “peace officers” within the meaning of the Act. In appeal No. 1 — 09—1860, the City argues the Board erred in certifying the sergeants’ standalone unit as an appropriate bargaining unit. We affirm the Board’s decision in appeal No. 1 — 09—1960 and dismiss appeal No. 1 — 09— 1859 for lack of jurisdiction.

Background

The City of Chicago employs approximately 38,000 employees, of whom some 12% or 5,000 are not unionized. Among the nonunionized employees are approximately 30 employees classified as “aviation security sergeants.” The sergeants work in the City’s department of aviation (department), which also employs “aviation security officers” (ASOs) and aviation security shift supervisors (lieutenants). 1 The sergeants and lieutenants have never been represented by a labor union. The ASOs have been part of a collective bargaining unit, known as Unit II, since 1984. Unit II is comprised of approximately 3,000 nonsworn public safety employees, such as crossing guards, 911 operators and animal control officers. The ASOs are represented by the Service Employees International Union, Local 73 (Local 73), one of the joint representatives of Unit II. We granted Local 73’s motion to file a brief amicus curiae in support of the City’s argument.

The ASOs, sergeants and lieutenants provide airport security at Midway and O’Hare airports, which are owned and run by the department. The job progression within the aviation security ranks is generally from ASO to sergeant to lieutenant. ASOs and sergeants are required to be certified as law enforcement officers, with 400 hours of law enforcement training, including 40 hours of firearms training. The department provides additional training specific to airport security.

Sergeants supervise the ASOs. A cadre of ASOs is assigned to each sergeant. Sergeants call roll for their assigned ASOs, inspect their uniforms, make announcements to them, assign the ASOs their work stations, monitor the ASOs during the day, spot-check that the ASOs are where they are supposed to be, correct their behavior and provide their training. ASOs and sergeants can issue reports and citations and make arrests for any violations of the law but only while in uniform, on duty, on airport property. They work together with Chicago police department officers assigned to the airports. Unlike the police officers, aviation security personnel do not carry firearms. The lieutenants supervise both the sergeants and the ASOs. Although sergeants may start a disciplinary action against an ASO, only the lieutenants may enforce the department’s disciplinary rules and administer corrective action.

In June 2007, ICOP filed a petition with the Board seeking certification as the exclusive bargaining representative for the sergeants and the lieutenants in a new, stand-alone bargaining unit. The City objected, arguing that (a) the sergeants and lieutenants were supervisors or managers under the Act and, therefore, could not unionize without the City’s consent; 2 and (b) the proposed unit was inappropriate under the Act and Unit II was the only appropriate unit. Subsequently, the City stipulated that the sergeants were “public employees” under the Act, i.e., not supervisors or managers, and, therefore, eligible for collective bargaining. ICOP amended its petition, limiting its certification request to the sergeants.

Among other arguments, ICOP asserted a stand-alone unit for the sergeants was appropriate because the sergeants were “peace officers” within the meaning of section 3(k) of the Act (5 ILCS 315/3(k) (West 2008)). Pursuant to section 3(s)(l) of the Act, a bargaining unit containing peace officers cannot contain any employee who is not a peace officer unless agreed to by the employer and the labor organization^) involved. 5 ILCS 315/3(s)(l) (West 2008). The administrative law judge (ALJ) hearing ICOP’s petition found the question of whether sergeants were peace officers had already been resolved between the parties at bar in a previous Board decision, Illinois Council of Police & Sheriffs, Local 7, 18 Pub. Employee Rep. (Ill.) par. 3024, No. L — RC— 01 — 010 (ILRB, Local Panel, June 20, 2002), in which the Board found the sergeants were not peace officers under the Act and a stand-alone bargaining unit for sergeants was not appropriate. Although the ALJ deemed the determination that sergeants are not peace officers to be still binding on the parties, he allowed ICOP to make a limited offer of proof on the issue. He allowed full proof and argument on the general question of the appropriateness of a stand-alone unit for the sergeants.

Following a two-day hearing, the ALJ issued a recommended decision and order finding a stand-alone bargaining unit for the sergeants was appropriate under the Act. The ALJ first concluded sergeants could not form a stand-alone unit on the basis of being peace officers because, as had the Board in 2002, he found ASOs, sergeants and lieutenants do not meet the requirements for “peace officer” under the Act. The ALJ then found that the passage of time and the City’s and Local 73’s inaction in petitioning to have the sergeants either included in Unit II or declared supervisory employees had created a situation where the sergeants were an unrepresented “residual or fringe group” of employees that could now form its own bargaining unit. The ALJ also noted that the balance of the factors required by section 9(b) of the Act (5 ILCS 315/9(b) (West 2008)) for determination of the appropriateness of a bargaining unit had shifted since 2002 and a stand-alone unit was appropriate.

The Board adopted the ALJ’s recommendation that the standalone unit for sergeants be deemed appropriate for certification. It found the ALJ properly considered the passage of time in deciding the petition. The Board noted that, although the City showed that adding the sergeants to Unit II would be appropriate, the City had presented no evidence to show that a stand-alone unit for sergeants was inappropriate. It stated, “[t]he proper inquiry is not whether the petitioned-for unit or the unit urged by the employer is more appropriate, but rather whether the petitioned-for unit is an appropriate unit.

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936 N.E.2d 1212, 404 Ill. App. 3d 589, 344 Ill. Dec. 455, 189 L.R.R.M. (BNA) 2745, 2010 Ill. App. LEXIS 1049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-council-of-police-v-illinois-labor-relations-board-illappct-2010.