Chicago Joint Bd. v. Labor Relations Bd.
951 N.E.2d 1164
Ill. App. Ct.2011Background
- Local 200 represented pharmacists at Provident Hospital, Stroger Hospital, and other Cook County facilities.
- Arbitrator awarded Local 200 relief in 2003 after McKesson employees performed Local 200 work since 2000.
- A consent order (Sept. 16, 2005) required County to pay affected employees up to $375,000, with an attached list of affected employees.
- Charging parties filed a charge (Mar. 28, 2006) alleging Leonard manipulated the award distribution to harm Provident employees.
- ALJ Wells found Leonard’s actions deprived charging parties of a share of the award and that Local 200 failed to fairly represent them; Board adopted this recommendation in 2010.
- Local 200 seeks review asserting timeliness, lack of evidence of unfair labor practice, and lack of standing for charging parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of filing the charge | Local 200 says charge filed after six months | Board appropriately found timely due to lack of notice before Jan 2006 | Charge timely; no clear error in timing |
| Unfair labor practice by failing to fairly represent | Leonard’s actions were discriminatory retaliation against supporters and detractors | Leonard’s knowledge and intent supported fair representation breach | Board not clearly erroneous; intentional misconduct established |
| Standing of charging parties | Charging parties lack standing as not in the class to receive proceeds | Charging parties must show intent and direct impact on them | Charging parties have standing; intentional misconduct proven |
Key Cases Cited
- Moore v. Illinois State Labor Relations Board, 206 Ill.App.3d 327 (1990) (timing knowledge standard for filing)
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill.2d 200 (2008) (mixed question of law and fact; clearly erroneous standard)
- Metropolitan Alliance of Police v. State of Illinois Labor Relations Board, Local Panel, 345 Ill.App.3d 579 (2003) (unfair labor practice; standard for showing intentional misconduct)
- Rockford Township Highway Department v. Illinois State Labor Relations Board, 153 Ill.App.3d 863 (1987) (small plant doctrine; imputed knowledge)