Village of Elk Grove Village v. Illinois State Labor Relations Board

613 N.E.2d 311, 245 Ill. App. 3d 109, 184 Ill. Dec. 284, 1993 Ill. App. LEXIS 611
CourtAppellate Court of Illinois
DecidedMay 3, 1993
Docket2-92-0855
StatusPublished
Cited by21 cases

This text of 613 N.E.2d 311 (Village of Elk Grove Village 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
Village of Elk Grove Village v. Illinois State Labor Relations Board, 613 N.E.2d 311, 245 Ill. App. 3d 109, 184 Ill. Dec. 284, 1993 Ill. App. LEXIS 611 (Ill. Ct. App. 1993).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

The Village of Elk Grove Village (Village) seeks administrative review of an order of the Illinois State Labor Relations Board (Board). The order certified the Elk Grove Village Fire Fighters Association, Local No. 3398 (Union), as the exclusive representative of a bargaining unit for purposes of collective bargaining. The bargaining unit consists of all full-time sworn lieutenants, lieutenants/paramedics, fire fighters, fire fighters/paramedics, and probationary fire fighters of the Village fire department. The Village asserts that the Board erred in including the lieutenants in the bargaining unit since the position of lieutenant is supervisory and, as such, is excluded by the Act. We affirm the order of the Board.

This action began when the Union filed a representation and certification petition with the Board, seeking to represent a bargaining unit of fire department employees, including fire fighters and lieutenants. At a hearing on the petition, the following facts were revealed. The Elk Grove Village fire department (Department) has a paramilitary structure. It is headed by a chief who holds ultimate responsibility for the activities of the Department. The chief is assisted by a deputy chief and two administrative captains, a civilian fire inspector, and a civilian training coordinator. All of these personnel work from 9 a.m. to 5 p.m., Monday through Friday, and neither regularly respond to fire calls nor direct the daily activities of the fire station personnel. The remaining sworn personnel consist of 3 captains, 18 lieutenants, and 69 fire fighters.

The fire stations are staffed by three shifts, each shift consisting of 1 captain, 6 lieutenants, and 23 fire fighters. Each shift works 24 consecutive hours and then is off for 48 consecutive hours. The captain serves as shift commander and holds overall responsibility for the shift and the activities of the four fire stations. Shift commanders are not directly involved in the daily, routine activities of the remaining shift personnel. In the captain’s absence, a lieutenant will serve as acting shift commander.

Below the captain, the shift personnel are assigned to one of five companies based in the four fire stations in the Village. A company is a group of workers assigned to a specific apparatus which has a distinct role in the fire service. All of the lieutenants, on their respective shifts, serve in the role of company officer and are in charge of and generally held accountable for the actions and conduct of the fire fighters in their company. Occasionally, a lieutenant who is also a paramedic will be assigned to an ambulance. In this event, the lieutenant is not the company officer, but acts under the command of the assigned company officer.

In order to achieve its general functional goals, the Department maintains an organizational structure based on committee assignments. Most of the sworn personnel serve on either a main committee or a subcommittee designed to facilitate a specific goal. Basically, the committees develop programs, have responsibility for preparing budget packages for their areas of expertise, and act to improve the Department’s efficiency. The lieutenants, who serve as officers in charge, guide and direct the work of the committees and see to it that the committee objectives are carried out.

One of the major functions of the committees is to have input into the budgeting process. The committee members suggest ideas to the officer in charge who, in turn, prioritizes the ideas, completes the necessary forms supplied by the Village, and submits the resulting “decision package” to the officers in charge of the major committees. All decision packages are then submitted to the chief or deputy chief for review and further prioritization as part of the development of a proposed budget for the entire Department. The final approval of a proposed budget must come from the Village’s board of trustees.

With regard to their day-to-day duties, the lieutenants prepare the work schedules, adhering to minimum manning requirements issued by the chief. The manning requirements must be met even when an unscheduled absence occurs. In this event, the lieutenants decide whether a fire fighter can be transferred from another station or whether it is necessary to hold over or hire back the needed personnel. In making these decisions, the lieutenants utilize lists which show employee qualifications or specialties in order to make proper assignments to specific apparatus. They then make a recommendation to the shift captain as to who should fill in the vacant position.

During a typical morning at the stations, the fire fighters will conduct an apparatus check and do the daily maintenance of the station while the lieutenants tend to mail and paperwork and perform general administrative tasks. The lieutenants review the fire fighters’ work and make sure any problems are corrected. This review takes about 20 minutes. Each day, two to three of the afternoon hours are devoted to either training or another specific activity. While the lieutenants keep the company attendance and certification records for emergency medical service (EMS) training, they themselves also attend the sessions for training. The content of the training exercises is determined by the training coordinator, although the lieutenants and fire fighters with specialties develop the actual training drills. The lieutenants select and usually lead the drill to be completed on a given day.

Each month the companies are expected to participate in public education activities and perform inspections of emergency key boxes at businesses in the Village. The lieutenants schedule and oversee these tasks. In addition, the companies conduct a number of different kinds of fire preparedness inspections each month. While the list of sites to be inspected is prepared by a captain, the lieutenants are in charge of the inspections themselves. Either the lieutenant or a fire fighter completes a checklist or other form relative to each inspection. The lieutenant then sends the form to the captain. Also on a recurring basis, the fire fighters perform needed in-depth maintenance of tools and apparatus. The lieutenants assign and review this work.

In the event of an emergency response, the company officers ride on the engine with the fire fighters but stay in communication by radio with the dispatchers and the shift commander. The first company officer to arrive at the scene is designated an “incident commander” and is in charge of all the fire fighters who respond to the emergency. The incident commander decides the actions to be taken, directs the fire fighters, and determines whether to call for backup or to reduce the response. The shift commander, who automatically responds to all structural fire scenes, can choose whether to assume command. The company officers guide their companies in accord with the direction of the incident commander. When the emergency involves a medical service, the company officer is responsible for the overall company response to the incident, both fire engine and ambulance. However, the most senior paramedic is specifically responsible for patient care.

Lieutenant Goss is EMS coordinator for the Department and Lieutenant Goostree is public education officer.

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

Related

Secretary of State v. Illinois Labor Relations Board
2012 IL App (4th) 111075 (Appellate Court of Illinois, 2012)
Village of Maryville v. Illinois Labor Relations Board
932 N.E.2d 558 (Appellate Court of Illinois, 2010)
Department of Central Management Services v. Illinois Labor Relations Board
902 N.E.2d 1122 (Appellate Court of Illinois, 2009)
Metropolitan Alliance of Police v. Illinois Labor Relations Board
839 N.E.2d 1073 (Appellate Court of Illinois, 2005)
County of Cook v. Illinois Labor Relations Board—Local Panel
813 N.E.2d 1107 (Appellate Court of Illinois, 2004)
American Federation of State v. Illinois State Labor Relations Board
775 N.E.2d 1029 (Appellate Court of Illinois, 2002)
National Union of Hospital & Health Care Employees v. County of Cook
692 N.E.2d 1253 (Appellate Court of Illinois, 1998)
Trayling v. Board of Fire & Police Commissioners
652 N.E.2d 386 (Appellate Court of Illinois, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
613 N.E.2d 311, 245 Ill. App. 3d 109, 184 Ill. Dec. 284, 1993 Ill. App. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-elk-grove-village-v-illinois-state-labor-relations-board-illappct-1993.