Laborer's International Union of North America v. Illinois State Labor Relations Board

507 N.E.2d 1200, 154 Ill. App. 3d 1045, 107 Ill. Dec. 831, 1987 Ill. App. LEXIS 2392
CourtAppellate Court of Illinois
DecidedApril 9, 1987
DocketNo. 5—85—0313
StatusPublished
Cited by32 cases

This text of 507 N.E.2d 1200 (Laborer's International Union of North America v. Illinois State 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
Laborer's International Union of North America v. Illinois State Labor Relations Board, 507 N.E.2d 1200, 154 Ill. App. 3d 1045, 107 Ill. Dec. 831, 1987 Ill. App. LEXIS 2392 (Ill. Ct. App. 1987).

Opinion

JUSTICE KASSERMAN

delivered the opinion of the court:

The instant appeal is a direct review of an order of the Illinois State Labor Relations Board. On April 5, 1985, the Illinois State Labor Relations Board (Board) issued a final written decision dismissing the representation petition of Laborer’s International Union of North America, Local 1280 (union), finding that the Board was without jurisdiction in the matter. On May 8, 1985, the union filed its timely petition for review of that decision. The city of Robinson, Illinois (city), and the Board have moved to dismiss the union’s petition for lack of subject matter jurisdiction. Pursuant to our order of June 28, 1985, the issues raised by those motions were ordered to be taken with the case. Accordingly, before addressing the facts and merits of this appeal, we shall direct our attention first to the issue of subject matter jurisdiction.

Both the Board and the city contend that this court should not and cannot reach the merits of the union’s appeal because this court lacks jurisdiction of the subject matter of the case for the reason that the instant action does not involve an unfair-labor-practice charge and is therefore not reviewable pursuant to section 11(e) of the Illinois Public Labor Relations Act (Act or State Act) (111. Rev. Stat., 1984 Supp., ch. 48, par. 1601 et seq.). The city and the Board (respondents) contend that pursuant to the Act, only matters involving an unfair-labor-practice charge are reviewable and that representation/certification proceedings are not.

This is a matter of first impression in Illinois. In addressing this matter, we turn first to section 11 of the Act, which provides in pertinent part as follows:

“Sec. 11. Unfair Labor Practice Procedures.
Unfair labor practices may be dealt with by the Board in the following manner:
* * *
(e) 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 for the district in which the aggrieved party resides or transacts business. The Board in proceedings under this Section may obtain an order of the court for the enforcement of its order.
(f) Whenever it appears that any person has violated a final order of the Board issued pursuant to this Section, the Board must commence an action in the name of the People of the State of Illinois by petition, alleging the violation, attaching a copy of the order of the Board, and praying for the issuance of an order directing the person, his officers, agents, servants, successors, and assigns to comply with the order of the Board. The Board shall be represented in this action by the Attorney General in accordance with ‘An Act in regard to attorneys general and state’s attorneys’, approved March 26, 1874, as amended. The court may grant or refuse, in whole or in part, the relief sought, provided that the court may stay an order of the Board in accordance with the Administrative Review Law, pending disposition of the proceedings. The court may punish a violation of its order as in civil contempt.
(g) The proceedings provided in paragraph (f) of this Section shall be commenced in the circuit court in the county where the unfair labor practice which is the subject of the Board’s order was committed, or where a person required to cease and desist by such order resides or transacts business.” (111. Rev. Stat., 1984 Supp., ch. 48, pars. 1611(e), (f), (g).)

The city and the Board assert that the only mention of a review of Board orders is found in section 11(e) of the Act, which the city and the Board contend deals exclusively with the procedure to be used in unfair-labor-practice disputes. The city and Board urge that the placement of this clause is not fortuitous, but rather is based upon the clear intent of the legislature to follow the National Labor Relations Act (NLRA) (29 U.S.C. secs. 151 through 168 (1982)) precedent.

The city and the Board contend that section 11 of the State Act is analogous to section 10 of the NLRA (29 U.S.C. sec. 160 (1980)). Except for certain unusual cases, the NLRA has been consistently interpreted to allow review of representation/certification proceedings only by way of a party’s resistance to an unfair-labor-practice charge. (See AFL v. NLRB (1940), 308 U.S. 401, 84 L.E. 347, 60 S. Ct. 300; Boire v. Greyhound Corp. (1964), 376 U.S. 473, 11 L. Ed. 2d 849, 84 S. Ct. 894.) In AFL v. NLRB, the Supreme Court noted that the National Labor Relations Board (NLRB) was given two principal functions to perform by the NLRA: (1) the certification of bargaining representatives for an appropriate unit of employees (29 U.S.C. sec. 159 (1982)) and (2) the prevention of unfair labor practices (29 U.S.C. sec. 160 (1982)). (AFL v. NLRB (1940), 308 U.S. 401, 405, 84 L. Ed. 347, 350, 60 S. Ct. 300, 302.) The Supreme Court noted that the section of the NLRA which dealt with certification made no provision for review of such certifications, except in the single case where there was a petition for enforcement or review of an order restraining an unfair labor practice. (308 U.S. 401, 406, 84 L. Ed. 347, 350-51, 60 S. Ct. 300, 302. ) The court noted that all the other provisions for review were to be found in section 10 of the NLRA (29 U.S.C. sec. 160 (1982)) which deals, exclusively, with unfair labor practices. The court then focused on section 10(f) of the NLRA, which deals with the review of unfair-labor-practice orders. The court noted that subsection (f) spoke only of a “final order of the Board” and that it was silent as to representation/ certification proceedings. The court also noted that the statute established venue in the circuit court of appeal “wherein the unfair labor practice in question was alleged to have been engaged in or wherein such person resides or transacts business.” (AFL v. NLRB (1940), 308 U.S. 401, 407-08, 84 L. Ed. 347, 351-52, 60 S. Ct. 300, 303. ) The court then found that it was:

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

Related

Tate Road Solar 1 LLC v. County of Winnebago
Appellate Court of Illinois, 2026
Bitner v. City of Pekin
2024 IL App (4th) 230718 (Appellate Court of Illinois, 2024)
City of East Peoria v. Board of Trustees of the Police Pension Fund of East Peoria
2023 IL App (4th) 220816 (Appellate Court of Illinois, 2023)
Kloeppel v. Champaign County Board
2021 IL App (4th) 210091 (Appellate Court of Illinois, 2021)
Uptown People's Law Center v. The Department of Corrections
2014 IL App (1st) 130161 (Appellate Court of Illinois, 2014)
Rock River Times v. Rockford Public School District 205
2012 IL App (2d) 110879 (Appellate Court of Illinois, 2012)
Garlick v. Oak Park & River Forest High School District No. 200
905 N.E.2d 930 (Appellate Court of Illinois, 2009)
Davis Memorial Hospital v. West Virginia State Tax Commissioner
671 S.E.2d 682 (West Virginia Supreme Court, 2008)
Maschhoff v. Klockenkemper
Appellate Court of Illinois, 2003
Robbins v. Board of Trustees of the Carbondale Police Pension Fund
687 N.E.2d 39 (Illinois Supreme Court, 1997)
Jones v. Illinois Educational Labor Relations Board
650 N.E.2d 1092 (Appellate Court of Illinois, 1995)
People ex rel. Ryan v. Lujack Schierbrock Chevrolet Co.
630 N.E.2d 1346 (Appellate Court of Illinois, 1994)
Village of Elk Grove Village v. Illinois State Labor Relations Board
613 N.E.2d 311 (Appellate Court of Illinois, 1993)
Parisi v. Jenkins
603 N.E.2d 566 (Appellate Court of Illinois, 1992)
Laidlaw Waste Systems (Madison), Inc. v. Pollution Control Board
595 N.E.2d 600 (Appellate Court of Illinois, 1992)
City of Evanston v. Illinois State Labor Relations Board
592 N.E.2d 415 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
507 N.E.2d 1200, 154 Ill. App. 3d 1045, 107 Ill. Dec. 831, 1987 Ill. App. LEXIS 2392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laborers-international-union-of-north-america-v-illinois-state-labor-illappct-1987.