Sandburg Faculty Ass'n v. Illinois Educational Labor Relations Board

618 N.E.2d 989, 248 Ill. App. 3d 1028, 188 Ill. Dec. 419, 144 L.R.R.M. (BNA) 2543, 1993 Ill. App. LEXIS 1010
CourtAppellate Court of Illinois
DecidedJune 30, 1993
Docket1 — 91—3473
StatusPublished
Cited by12 cases

This text of 618 N.E.2d 989 (Sandburg Faculty Ass'n v. Illinois Educational 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
Sandburg Faculty Ass'n v. Illinois Educational Labor Relations Board, 618 N.E.2d 989, 248 Ill. App. 3d 1028, 188 Ill. Dec. 419, 144 L.R.R.M. (BNA) 2543, 1993 Ill. App. LEXIS 1010 (Ill. Ct. App. 1993).

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

Petitioner Sandburg Faculty Association, IEA-NEA (IEA), pursuant to Supreme Court Rule 335 (134 Ill. 2d R. 335), appeals an order of the Illinois Educational Labor Relations Board (Board) which denied its petition for an election to enlarge an existing collective bargaining unit of approximately 50 faculty members and counselors at Carl Sandburg College (College) by adding approximately 45 nonfaculty employees to the unit.

The IEA raises these issues for review: (1) whether the proposed unit is appropriate, under the traditional community of interest standard, as set out in section 7 of the Illinois Educational Labor Relations Act (Ill. Rev. Stat. 1991, ch. 48, par. 1707), or (2) whether the proposed unit is appropriate under the broader “wall-to-wall” unit standard.

Carl Sandburg Community College is a small public community college operated in Illinois Community College District No. 518 by the Board of Trustees of Illinois Community College District No. 518 and is subject to the rules and regulations of the Illinois Community College Board and the State Board of Higher Education. Ill. Rev. Stat. 1991, ch. 122, par. 102 — 1 et seq.

The College is a two-year institution which has its main campus and administrative offices located in Galesburg, Illinois, offering a variety of courses geared to both baccalaureate and vocational programs. The College operates an extension center in Carthage, Illinois, which offers a night school program. The College also offers instruction at Hill Correctional Center (Hill), approximately two miles from the main campus in Galesburg, housing approximately 1,000 inmates. However, the educational services at Hill are provided under a contract with the Department of Corrections (DOC) which requires seven full-time faculty employees, one full-time academic adviser, one full-time secretary and one administrator be provided.

The DOC controls the terms and conditions of the College employees working at Hill and the College has little control over their day-to-day duties and functions.

The DOC (1) requires College employees to submit to mandatory security tests, drug tests and special security training; (2) requires the College employees be subject to DOC policies, regulations and procedures designed specifically and exclusively for a prison environment; (3) determines, in large part, the wages and work schedule of the workers at Hill; and (4) can terminate the College employees at Hill simply by failing to renew funding for the program.

The College’s main campus consists of three buildings: the Fine Arts and Physical Education Building, the Butler Building, and the Main Building. A dean or director heads the College’s different departments: building and grounds, data processing, food service, financial services, instruction, business services, joint training and partnership act, admissions and records, student services, Henry Hill Correctional Center Education, financial aid, community and extension services, learning resources and vocational technical education.

In January 1991, the IEA filed its petition with the Board seeking a self-determination election to add approximately 45 nonfaculty employees and three security employees not represented by a labor organization to an existing faculty unit of approximately 50 full-time faculty and counselors.

The IEA did not seek to add to the unit the seven instructors and an academic advisor who work for the College full-time at Hill.

In March 1991, a hearing officer issued a recommended decision and order dismissing the petition, finding that the basic terms and conditions of employment of the faculty and counselors are distinct from those of the nonfaculty and security employees sought to be joined.

In September 1991, the Board affirmed the hearing officer’s findings, with one Board member dissenting. That member stated that the realities of a small community college environment lead to the conclusion that the proposed unit has an identifiable community of interest under even the traditional standard and thus the unit could be enlarged as proposed.

We agree with the dissenting Board member and find that the Board inappropriately and erroneously placed undue emphasis on two factors and that the proposed unit is appropriate under the traditional community of interests analysis.

However, we also find that the unit is appropriate under a wall-to-wall standard that applies where the proposed unit consists of all educational employees of a single educational employer, including the nonprofessional with the professional, who are under the exclusive control of the employer.

In determining the appropriateness of a collective bargaining unit, the Illinois Educational Labor Relations Act (the Act) provides in section 7(a):

“[T]he Board shall decide in each case, in order to ensure employees the fullest freedom in exercising the rights guaranteed by this Act, the unit appropriate for the purpose of collective bargaining, based upon but not limited to such factors as historical pattern of recognition, community of interest, including employee skills and functions, degree of functional integration, interchangeability and contact among employees, common supervision, wages, hours and other working conditions of the employees involved, and the desires of the employees.” Ill. Rev. Stat. 1991, ch. 48, par. 1707(a).

While that section sets forth the elements of the traditional analysis, a wall-to-wall standard may be applied where the proposed unit consists of all of the educational employees of a single educational employer, including the nonprofessional employees with the professional. Riverside-Brookfield Township District 208 & Riverside-Brookfield Education Association, 5 Pub. Employee Rep. (Ill.) par. 1136, No. 89 — RS—0003—C (IELRB July 25, 1989) (hereinafter 5 Pub. Employee Rep. (Ill.) par. 1136); Du Page Area Vocational Education Authority, 3 Pub. Employee Rep. (Ill.) par. 1050, No. 86 — RC—0021— C (IELRB April 30, 1987) (hereinafter 3 Pub. Employee Rep. (Ill.) par. 1050), aff’d Du Page Area Vocational Education Authority v. Illinois Educational Labor Relations Board (1988), 167 Ill. App. 3d 927, 522 N.E.2d 292; Alton Community Unit School District No. 11, 2 Pub. Employee Rep. (Ill.) par. 1048, No. 85-RC-0012-S (IELRB March 11, 1986) (hereinafter 2 Pub. Employee Rep. (Ill.) par. 1048).

In a wall-to-wall unit, only a minimal showing of a community of interest among the subgroups is required to attain the goal of a convenient and efficient bargaining process and a single comprehensive agreement. Alton, 2 Pub. Employee Rep. (Ill.) par. 1048, at VII — 121.

The IEA contends that the Board should have applied a wall-to-wall unit standard since the unit for which it petitioned constitutes a wall-to-wall unit of all educational employees over whom the College exercises exclusive control of the terms and conditions of employment.

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618 N.E.2d 989, 248 Ill. App. 3d 1028, 188 Ill. Dec. 419, 144 L.R.R.M. (BNA) 2543, 1993 Ill. App. LEXIS 1010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandburg-faculty-assn-v-illinois-educational-labor-relations-board-illappct-1993.