Metropolitan Alliance of Police v. Illinois Labor Relations Board

820 N.E.2d 1107, 354 Ill. App. 3d 672, 290 Ill. Dec. 40, 176 L.R.R.M. (BNA) 2940, 2004 Ill. App. LEXIS 1473
CourtAppellate Court of Illinois
DecidedDecember 9, 2004
Docket1-03-2043
StatusPublished
Cited by5 cases

This text of 820 N.E.2d 1107 (Metropolitan Alliance 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.

Bluebook
Metropolitan Alliance of Police v. Illinois Labor Relations Board, 820 N.E.2d 1107, 354 Ill. App. 3d 672, 290 Ill. Dec. 40, 176 L.R.R.M. (BNA) 2940, 2004 Ill. App. LEXIS 1473 (Ill. Ct. App. 2004).

Opinion

PRESIDING JUSTICE REID

delivered the opinion of the court:

The petitioner, the Metropolitan Alliance of Police, Bellwood Command Chapter No. 339 (the Union), appeals from the State of Illinois Labor Relations Board (the Board) decision that dismissed its petition which sought to form a bargaining unit for sergeants and lieutenants who were employed by the Village of Bellwood police department (Department). On appeal, the Union argues that the Board’s determination that these employees are supervisors pursuant to section 3(r) of the Illinois Public Labor Relations Act (5 ILCS 315/3(r) (West 2002)) is erroneous. For the reasons that follow, we affirm the Board’s decision.

BACKGROUND

On March 13, 2002, the Union filed a representation/certification petition with the Board pursuant to the Illinois Public Labor Relations Act (5 ILCS 315/1 et seq. (West 2002)) (the Act). In its petition, the Union alleged that at least 30% of the sergeants and lieutenants employed by the Department were requesting a secret ballot election to determine whether the Union should be certified as their exclusive collective bargaining agent. The Union alleged that there was no existing collective bargaining agreement covering these individuals. Both parties subsequently waived the requirement contained in the Act that an election be held within 120 days of the filing of the petition.

In a letter dated March 22, 2002, Administrative Law Judge (ALJ) John Clifford of the Board informed the parties that he had determined that the Union had presented a sufficient showing of interest to proceed to an election. ALJ Clifford noted in his letter that “[ajssuming that the Village believes that some or all of the employees sought are supervisors or managers and hence excluded from any unit, we need at the pre-hearing conference to determine how both parties may efficiently present the facts to me for Board determination.” Subsequently, a hearing was held.

The sergeants and lieutenants at issue serve as shift watch commanders in the Village of Bellwood (the Village) patrol division. The Village argued that these sergeants and lieutenants functioned as supervisors because they exercised the requisite independent judgment necessary to be deemed supervisors under the Act and, as such, were not able to form a bargaining unit.

The Village is a municipality located in Cook County’s western suburbs. The Department contains approximately 48 sworn police officers. Chief Gregory Moore is the principal commander of the Department. Deputy Chief Tom Bajkowski serves directly below Chief Moore. Below the deputy chief are three division commanders. Bajkowski also serves as one of the Department’s four division commanders. These division commanders each hold the rank of sergeant. There are two lieutenants and five patrol sergeants. The remainder of the officers are patrol officers and part-time personnel.

The deputy chief is the division commander of the patrol division, which is also known as the operations division. The patrol division is responsible for patrolling the Village. There are three eight-hour shifts in the patrol division. A watch commander is in charge of each shift. Two lieutenants and five sergeants work in the patrol division. If a lieutenant is working on a particular shift, he functions as the watch commander. If no lieutenant is working on a particular shift, the sergeant working on that shift with the most seniority functions as the watch commander. When sergeants in the patrol division are not functioning as watch commanders, they function as patrol sergeants. The sergeant with the least seniority is not assigned to a specific shift. Instead, he functions as the relief sergeant, filling in when another sergeant is not working his usual shift. There are 36 patrol officers beneath the lieutenants and sergeants.

The Department has rules of conduct for its employees. An employee who violates these rules can be disciplined. The Department has a progressive disciplinary policy. The first level of discipline is an oral reprimand. The second level is the issuance of a personal incident report (PIR). The third level is a written reprimand. The fourth level is a suspension without pay, which can range from one to five days.

The Village’s Board of Fire and Police Commissioners (BFPC) has the exclusive authority to impose any discipline greater than five days of suspension without pay. The chief sends a letter to the BFPC requesting that charges be drafted, and thereafter, a hearing is then conducted by the BFPC.

The sergeants and lieutenants are responsible for issuing oral reprimands and PIRs to patrol officers and civilian personnel. Patrol officers have no authority to issue PIRs. As to the discretion that sergeants and lieutenants have with regard to their ability to issue PIRs, Chief Moore testified as follows:

“Q. Okay. And again, who can — who can initiate this type of discipline?
A. Sergeants and above.
Q. Okay. And how would it be initiated?
A. Well—
Q. You can give me a hypothetical.
A. It’s based upon discretion of a sergeant — hypothetical, if a person is continuously late and — the sergeant has the discretion of telling the person, You can’t continue to be late.’
And if they continue to be late, then the sergeant would issue a personal incident report to document this person being late, and then, after a couple of — of personal incident reports, then we move to a written reprimand.”

Lieutenant Robert Frascone, a police officer for the Village of Bell-wood, testified that he worked for the Department for 26 years. Frascone stated that he was appointed chief of police in October 1990. He stated that he held that post for 5x/2 years. As to the discretion that sergeants and lieutenants have to issue PIRs, Frascone testified as follows:

“Q. It’s a general order. Who prepared that general order? .
A. This was prepared by myself. This is the rules of conduct.
Q. All right. And are you familiar with Rule No. — I believe it’s Rule No. 22?
A. I’m familiar with this; but it’s absent from this. ■
Q. It’s not in there; correct?
A. Correct.
Q. But in terms of that document, when did you issue this document?
A. It was issued August 10th of 1995.
MR. REIMER: Let’s see if we can find it in Petitioner’s Exhibit No. 46. Maybe that’s best — it’s more complete. You find it at A-07, and we’ll now test to see if we got it right. Pardon me, yes.
JUDGE CLIFFORD: I found it.

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820 N.E.2d 1107, 354 Ill. App. 3d 672, 290 Ill. Dec. 40, 176 L.R.R.M. (BNA) 2940, 2004 Ill. App. LEXIS 1473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-alliance-of-police-v-illinois-labor-relations-board-illappct-2004.