Village of Winfield v. ISLRB

CourtIllinois Supreme Court
DecidedMarch 20, 1997
Docket80322
StatusPublished

This text of Village of Winfield v. ISLRB (Village of Winfield v. ISLRB) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Village of Winfield v. ISLRB, (Ill. 1997).

Opinion

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              Docket No. 80322--Agenda 11--November 1996.

    THE VILLAGE OF WINFIELD, Appellant, v. THE ILLINOIS STATE LABOR

                  RELATIONS BOARD et al., Appellees.

                     Opinion filed March 20, 1997.

    JUSTICE BILANDIC delivered the opinion of the court:

    The Village of Winfield (the Village) appeals from a decision

of the appellate court confirming the decision and order of the

Illinois State Labor Relations Board (the Board) certifying the

Metropolitan Alliance of Police, Winfield Chapter No. 138 (the

union), as the duly elected collective-bargaining representative of

certain employees of the Village police department. The Village

contended that the Board did not have jurisdiction to consider the

union's representation petition, pursuant to section 20(b) of the

Illinois Public Labor Relations Act (the Act) (5 ILCS 315/20(b)

(West 1992)), because the Village employs fewer than 35 employees.

The appellate court held that the Village employed 35 or more

employees and was therefore subject to the jurisdiction of the

Board. Nos. 2--95--0042, 2--95--0335 cons. (unpublished order under

Supreme Court Rule 23). We accepted the Village's petition for

leave to appeal. 155 Ill. 2d R. 315. We now reverse the decision of

the appellate court.

                                  FACTS

    On December 6, 1993, the union filed a representation petition

with the Board seeking to serve as the exclusive collective-

bargaining agent for all full-time sworn patrol officers at or

below the rank of sergeant and all records clerks employed by the

Village of Winfield. The Village challenged the jurisdiction of the

Board, arguing that it was exempt from the Act because it did not

employ 35 or more employees, as required by section 20(b) of the

Act (5 ILCS 315/20(b) (West 1992)).

    The parties stipulated that, if the Village should be found to

employ 35 or more employees, the bargaining unit proposed in the

petition would be appropriate. A hearing was held before an

administrative law judge to determine whether the Village employed

35 employees. The Village conceded that it employed 22 individuals.

The union contended that the Village should also be found to be the

employer of nine employees of the Winfield Public Library and of

six "summer staffers" in the Village public works department. The

Village asserted that it was not the employer of the library

employees and that the summer staffers could not be counted for

section 20(b) purposes because they were "short-term employees," as

defined in section 3(q) of the Act (5 ILCS 315/3(q) (West 1992)).

    At the hearing, the Village presented the testimony of Village

Manager Bryon Vana. Vana is responsible for the day-to-day

administration of the Village. Vana testified that the Winfield

Public Library has its own board of trustees, which is elected by

the public. No library trustees are also Village trustees. No

library employees are also Village employees. Vana further

testified that the library prepares its own budget, which is

separate from the Village's budget. The library board provides a

copy of its budget to the Village. The library board also passes a

resolution requesting a specific tax levy, which is then forwarded

to the Village. The Village's tax levy ordinance includes a

separate levy request for the library budget. The library pays its

employees' salaries, which are an item in the library's budget. As

a courtesy, the Village processes payroll checks for the library's

employees. The Village provides no benefits to library employees.

The Village pays the bill for the library employees' health

insurance, but is reimbursed by the library for those payments. The

library has its own employment policies and the Village has no

involvement in the hiring, firing or discipline of library

employees. Vana also testified that the Village does not review or

approve library expenditures. The library pays its own bills.

    Exhibits were also presented in connection with the hearing.

The Village submitted answers to questions propounded by the

administrative law judge in which the Village stated that it has

the discretion to disapprove the library's appropriation request,

subject to court review. The Village also stated that it had never

disapproved the library's appropriation request and it had never

supplemented the library's budget with a Village appropriation.

    The administrative law judge issued a recommended decision and

order finding that the Village was a joint employer of the nine

library employees and that the summer staffers were not short-term

employees and could be counted for section 20(b) purposes.

Accordingly, the administrative law judge found that the Village

employed a total of 37 employees and was therefore subject to the

jurisdiction of the Board. The Board issued an order adopting the

recommendation of the administrative law judge and directing a

representation election. The Board subsequently entered an order

certifying the union as the duly elected collective-bargaining

representative of the proposed bargaining unit. The Village

appealed directly to the appellate court. 155 Ill. 2d R. 335. The

appellate court confirmed the decision of the Board.

                                ANALYSIS

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