Local No. 193, International Brotherhood of Electrical Workers v. City of Springfield

569 N.E.2d 1217, 211 Ill. App. 3d 166, 155 Ill. Dec. 606, 1991 Ill. App. LEXIS 529
CourtAppellate Court of Illinois
DecidedMarch 29, 1991
Docket4-90-0532
StatusPublished
Cited by3 cases

This text of 569 N.E.2d 1217 (Local No. 193, International Brotherhood of Electrical Workers v. City of Springfield) 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
Local No. 193, International Brotherhood of Electrical Workers v. City of Springfield, 569 N.E.2d 1217, 211 Ill. App. 3d 166, 155 Ill. Dec. 606, 1991 Ill. App. LEXIS 529 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE LUND

delivered the opinion of the court:

On December 1, 1987, Local No. 193, International Brotherhood of Electrical Workers, AFL-CIO (Union), filed a complaint for declaratory judgment in the circuit court of Sangamon County against the defendants, City of Springfield and City Water, Light and Power (City), seeking an order that, pursuant to a labor agreement between them, Union employees are not subject to Civil Service Commission Rules (Commission Rules), and seeking a permanent injunction ordering the City to desist disciplining the employees pursuant to these Commission Rules. Following a hearing on June 29, 1990, the court entered an order so providing. The City now appeals.

The declaratory judgment complaint alleged that the Union represented various employees of the City Water, Light and Power Department (Department); the parties have been operating under a labor agreement continually since the 1950’s; this agreement contains an arbitration procedure which is in accordance with the Uniform Arbitration Act (Ill. Rev. Stat. 1989, ch. 10, par. 101 et seg.) and the Illinois Public Labor Relations Act (Labor Act) (Ill. Rev. Stat. 1989, ch. 48, par. 1601 et seq.); in People ex rel. Dellert v. Torrey (Cir. Ct. Sangamon Co.), No. 96691 (Torrey), the circuit court of Sangamon County found the Union was exempt from the provisions of “An Act to regulate the civil service of cities’’ (Civil Service Act) (Ill. Rev. Stat. 1949, ch. 24½, pars. 39 through 77a); and since August 1987 the City has refused to honor the terms of the labor agreement by disciplining the Union’s employees pursuant to the Commission Rules. Accordingly, the complaint asked that (1) the court declare the Union’s members were not subject to the Commission Rules and, instead, are subject to the Labor Act and the parties’ agreement; and (2) the court enter a permanent injunction commanding the City to desist in disciplining the Union’s members through civil service procedures rather than the grievance and arbitration procedure agreed to by the parties.

The evidence presented established that since 1940 the Union and the City have continually operated under a written labor agreement, and it has remained substantially the same during this time. In 1985, an election-of-remedies provision was added, allowing an employee to choose to have a disciplinary matter resolved either through the agreement’s grievance and arbitration provisions or pursuant to the City’s employment policy. The written agreement contains no rules of conduct, no standards of discipline, and no process for initiating discipline.

The City has adopted an employee policy, which applies to all employees as long as its provisions are not inconsistent with any collective-bargaining agreements. This policy contains standards and procedures for discipline and, under the causes for discharge, it lists 14 different violations. The last one is “[fjailure to follow rules of conduct as promulgated by the Civil Service Commission.” The policy also provides that the disciplinary action shall be taken in accordance with the Commission Rules.

The City continues to discipline the Union’s members for violating rule 48 of the Civil Service Commission (Commission). This rule sets forth the grounds for discipline under the Commission Rules, and it contains many of the same grounds contained in the City employment policy. The Union objects to this procedure, maintaining that its members in the Department are not subject to the Commission. The evidence establishes that these members are not subject to civil service testing or civil service eligibility lists.

After reviewing the evidence, the court found for the Union. It concluded that the Union employees are exempt from the Commission Rules, and it ordered the City to desist from disciplining the Union’s members by referring to or alleging a violation of the Commission Rules. This appeal followed.

This case involves an interpretation of the labor agreement between the parties. In Board of Governors v. Illinois Educational Labor Relations Board (1988), 170 Ill. App. 3d 463, 470, 524 N.E.2d 758, 761, this court addressed some applicable general provisions, stating:

“The meaning of the language used in a written contract is ordinarily a question of law. (Lenzi v. Morkin (1984), 103 Ill. 2d 290, 469 N.E.2d 178.) The primary objective in construing a contract is to effectuate the parties’ intentions when entering the agreement. The entire document should be considered. (Carrico v. Delp (1986), 141 Ill. App. 3d 684, 490 N.E.2d 972.) Absent ambiguity, the intention of the parties must be gathered from the language used in the contract, not from a party’s construction of that language. (Lenzi, 103 Ill. 2d 290, 469 N.E.2d 178.) A contract is ambiguous if it is subject to more than one reasonable interpretation. (Marathon Plastics, Inc. v. International Insurance Co. (1987), 161 Ill. App. 3d 452, 514 N.E.2d 479.) The clear and unambiguous language of a bargaining agreement should control. Bogguess v. Board of Education (1985), 133 Ill. App. 3d 864, 479 N.E.2d 1100.”

It is the City’s position that use of the Commission Rules to determine what conduct results in discipline is appropriate under the management-rights provision of the agreement. The agreement includes the following paragraph:

“Management Rights — Subject to the provisions of this Agreement and [Labor Act (Ill. Rev. Stat. 1989, ch. 38, par. 1601—27)], [the City] retains the inherent management authority and is vested with the exclusive right to control its operations, to determine its policies, its over-all budget, the manner of exercise of its functions, and the direction of its workforce and to maintain efficiency provided the exercise of such rights by management does not conflict with specific provisions of this Agreement.”

The City observes there are no provisions in the agreement which deal with the procedure for instituting discipline, the standards for discipline, and the specific conduct resulting in discipline. Accordingly, since there are no specific provisions dealing with these concepts, the City believes that, pursuant to this clause, it has the right to adopt rules and regulations covering these concepts. The City observes that it has adopted a comprehensive employment policy, which includes discipline procedures. In the disciplinary procedures, the policy sets standards of discipline, which include as one standard the failure to follow rules of conduct, promulgated by the Commission, and it provides that the procedure to be used is the procedure contained in the Commission Rules. Therefore, it believes, pursuant to the management-rights clause, that these provisions can be used.

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Bluebook (online)
569 N.E.2d 1217, 211 Ill. App. 3d 166, 155 Ill. Dec. 606, 1991 Ill. App. LEXIS 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-no-193-international-brotherhood-of-electrical-workers-v-city-of-illappct-1991.