City of Sandwich v. Illinois Labor Relations Board, 942 N.E.2d 675

FOP filed Oct 2008 petition seeking sergeants included in the bargaining unit of sergeants and below; City moved to dismiss arguing sergeants are supervisors under 3(r) and that 3(s) prohibits certifying a unit with supervisors and nonsupervisors.
Administrative law judge denied dismissal and ordered a hearing.
Board later found sergeants are public employees under the Act and ordered a representation election.
City challenged Board’s decision order on grounds that it failed to apply 3(r) and 3(s) and that sergeants function as supervisors.
City urged Board to consider city ordinances and department policies showing sergeants’ supervisory role; Board did not address these in its order.
The district court (Appellate Court, Second District) concluded that sergeants supervise patrol officers and, applying 3(s)(1), violated the Act by including sergeants in the same unit as patrol officers; case No. 2-09-0800 dismissed; case No. 2-09-0985 reversed and certification vacated.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sergeants are supervisors under 3(r) of the Act.	City argues sergeants perform principal work differently and possess independent supervisory authority.	Board found sergeants lack the requisite independent judgment.	Sergeants supervise and thus are supervisors; inclusion in unit with patrol officers violates 3(s)(1).
Whether the Board erred by failing to consider city ordinances and police policies in determining supervisory status.	City contends ordinances/policies show sergeants’ supervisory duties.	Board did not rely on those factors as controlling.	Board erred by not considering relevant ordinances/policies; their supervisory implications support reversal.
Whether the Board’s certification of representation should be vacated due to supervisory status of sergeants.	Including sergeants in the bargaining unit would conflict with supervisor-subordinate exclusion of 3(s)(1).	Board’s decision stands that sergeants are not supervisors.	Certification vacated; Board’s decision reversed.
Whether jurisdiction over appeal No. 2-09-0800 remained with the court given timing of petition for review.	Appeal timely filed; jurisdiction should be maintained.	Appeal untimely for certification order; dismissed.	Appeal No. 2-09-0800 dismissed; jurisdiction over No. 2-09-0985 retained.

City of Freeport v. Illinois Labor Relations Board, 135 Ill.2d 499 (Ill. 1990) (discusses supervisory factors and conflicts of interest under 3(r) and 3(s))
Village of Hazel Crest v. Illinois Labor Relations Board, 385 Ill.App.3d 109 (Ill.App. Ct. 2008) (examines supervisory status where sergeants have limited authority but report to chief)