Metropolitan Alliance of Police v. State of Illinois Labor Relations Board

803 N.E.2d 119, 345 Ill. App. 3d 579, 280 Ill. Dec. 889
CourtAppellate Court of Illinois
DecidedDecember 24, 2003
Docket1-02-0960
StatusPublished
Cited by12 cases

This text of 803 N.E.2d 119 (Metropolitan Alliance of Police v. State of 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. State of Illinois Labor Relations Board, 803 N.E.2d 119, 345 Ill. App. 3d 579, 280 Ill. Dec. 889 (Ill. Ct. App. 2003).

Opinion

JUSTICE HALL

delivered the opinion of the court:

The Metropolitan Alliance of Police, Cook County Sheriffs Correctional Officers Chapter 222 (Petitioner-Union), seeks direct review of an administrative decision and order of the Local Panel of the Illinois State Labor Relations Board (Board), finding that Petitioner-Union violated section 10(b)(1) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/10(b)(l) (West 2000)), by threatening not to process any further grievances on behalf of Joe E. Cunigan and refusing to pursue his suspension grievance to arbitration.

On appeal, Petitioner-Union contends that: (1) the Board’s action in reversing the administrative law judge’s partial dismissal of Cunigan’s unfair labor practice charge was clearly erroneous; (2) the Board’s decision and order was premised on an improper standard of union animus; and (3) the Board’s imposed remedy was in contravention of applicable statutory standards. For the reasons that follow, we affirm the Board’s decision and order.

FACTUAL BACKGROUND

The facts giving rise to this appeal are not in dispute. Cunigan is a correctional officer who began his employment with the sheriff of Cook County in 1978. On November 16, 1999, Cunigan began circulating a petition among his fellow correctional officers seeking signatures for a bid to have the International Brotherhood of Teamsters, Local 714 (Teamsters), replace Petitioner-Union as the correctional officers’ exclusive bargaining representative. Earlier, in December 1998, the Board had certified Petitioner-Union as the exclusive bargaining representative of the sheriffs correctional officers, thereby supplanting, the Teamsters.

On November 18, 1999, two days after Cunigan began soliciting union-member signatures, the executive director of the Cook County department of corrections issued a memorandum to all correctional officers forbidding the officers from soliciting such signatures while on duty or within the perimeter of the Cook County department of corrections. Shortly thereafter, the memorandum was amended to allow correctional officers to solicit signatures within the perimeter of the Cook County department of corrections provided the officers were off duty.

On November 25, 1999, Cunigan was suspended for three days without pay, after he was allegedly observed sleeping on duty. On December 16, 1999, Cunigan and his union steward submitted a grievance at the first step of the five-step grievance process, challenging the three-day suspension on the ground that Cunigan was performing his assigned duties at the precise time he was allegedly observed sleeping. Cunigan’s grievance was denied at the first, second, and third steps of the grievance procedure, whereupon he requested his union steward to pursue the grievance to the fourth step. A fourth-step hearing on Cunigan’s grievance was conducted and afterwards on June 30, 2000, the grievance was denied, but the imposed suspension was reduced from three days to two days.

On July 20, 2000, Cunigan wrote to Petitioner-Union president, Joseph M. Andalina, requesting that the union pursue his grievance to the fifth step, arbitration. In a letter dated August 4, 2000, Andalina replied in relevant part as follows:

“I am in receipt of your letter regarding your grievance # 99— 09 — 292 and your desire to seek arbitration. The decision not to arbitrate your case was made after review with your Chief Union Steward and assigned attorney. This was based on the allegation of your sleeping on duty and not for your attempt to collect signatures for the Teamsters to de-certify from M.A.E M.A.E does not pursue grievances for individuals who are working for other unions. If you were collecting these signatures for the Teamsters, you were not performing any obvious union duties for this union, which currently represents all of the Correctional Officers. That in and of itself would nullify this union for pursuing any grievances and discipline for you since you were not doing any authorized union duties.
Further, the paperwork submitted by others to your Chief Union Steward was able to lessen your suspension from five (5) days to two (2) days, and his labors demonstrate savings of three suspension days for you.
I am not aware of any evidence rebutting your actions. If you have any, or someone to confirm that you were not sleeping on duty, I will pass the case on to the full M.A.E Board and they will ultimately decide on the issue as to whether to appeal your case or not. You would have to submit evidence that you were not sleeping and show that your employer actually retaliated against you for your other activities.
I do not vote except in any ties. Send your evidence to either M.A.E or your Chief Union Steward for further review. I will pass your letter and my answer and comments from your Chief Union Steward to all of our Board members in anticipation of the receipt of your evidence.”

Pursuant to its regular procedure, a member of the Petitioner-Union’s executive board contacted Cunigan’s union steward in order to obtain information regarding the history of the grievance and its subject matter. After reviewing the file on Cunigan’s grievance, the executive board initially voted to table the grievance pending receipt of a written statement from Cunigan outlining and explaining the incident that led to his suspension. The executive board, however, ultimately voted against arbitrating Cunigan’s grievance, without being in receipt of his written explanatory statement. 1

As the grounds for its refusal to pursue Cunigan’s grievance to arbitration, the executive board cited both the failure of Cunigan to submit a written explanatory statement and the success of the union steward in getting Cunigan’s suspension reduced. 2

On August 23, 2000, Cunigan filed an unfair labor practice charge with the Board, alleging that the Petitioner-Union engaged in an unfair labor practice in violation of section 10(b)(1) of the Act, when the union refused to arbitrate his suspension grievance. In the charge, Cunigan maintained that the Petitioner-Union had refused to arbitrate the grievance in retaliation for his activities in support of a rival union, the Teamsters. Cunigan sought to have his grievance arbitrated or be reimbursed for the two days he was suspended.

On March 27, 2001, a hearing regarding the charge was held before Administrative Law Judge John F. Brosnan. Cunigan offered his own written entries in his logbook along with corresponding confirming signatures made by the lieutenant and captain who allegedly had observed him sleeping on duty, as evidence to show that at the time he was alleged to have been asleep, he was actually checking on prisoners. 3

On June 29, 2001, Judge Brosnan issued a recommended decision and order finding that Petitioner-Union had violated section 10(b)(1) of the Act when it threatened not to process grievances filed by Cunigan due to his support of a rival union.

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Bluebook (online)
803 N.E.2d 119, 345 Ill. App. 3d 579, 280 Ill. Dec. 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-alliance-of-police-v-state-of-illinois-labor-relations-board-illappct-2003.