Department of Central Management Services v. Illinois Labor Relations Board
943 N.E.2d 1150
Ill. App. Ct.2010Background
- CMS seeks administrative review of an Illinois Labor Relations Board decision certifying a union as exclusive representative for PSA, option 8L, ALJs in RC-10.
- PSA, 8L, ALJs filed a representation-petition alleging inclusion in the existing bargaining unit.
- CMS responded contending the petitioned unit was inappropriate because ALJs are managerial employees under the Act.
- Board investigated, requested CMSS facts, and eventually certified the union despite CMS's due-process arguments for an evidentiary hearing.
- CMS argues the ALJs are managerial employees by law and not public employees, but the Board certified the unit and CMS appealed.
- On review, court addresses whether due process was violated and whether ALJs qualify as managerial employees as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board's lack of a hearing violated due process | CMS argues due process was denied | Board had discretion; hearing not required | No due-process violation; hearing not required |
| Whether ALJs are managerial employees under the Act | ALJs are managerial, not public employees | ALJs are not necessarily managerial as a matter of law | ALJs are managerial employees as a matter of law |
| Whether the ALJs’ roles render them unable to be in a bargaining unit | ALJs perform policy-influencing functions aligned with management | Not all duties qualify as managerial under the Act | ALJs are managerial; cannot be in the bargaining unit |
| Whether the Board properly classified the unit and proceedings under 5 ILCS 315/9 | Investigation supported inclusion of PSA/ALJs | Investigation incorrectly framed; no bona fide representation issue | Board properly concluded; however, ultimate result favors CMS's managerial status argument |
Key Cases Cited
- Cook County State's Attorney v. Illinois Local Labor Relations Board, 166 Ill.2d 296 (1995) (managerial status based on authority and alignment with management)
- Chief Judge, 178 Ill.2d 333, 178 Ill.2d 333 (1997) (assistant public defenders as managerial employees)
- AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill.2d 380 (2001) (scope of judicial review; standard for manifest weight and de novo questions)
- City of Chicago v. Illinois Labor Relations Board, Local Panel, 396 Ill.App.3d 61 (2009) (procedural framework: hearing not always required when no reasonable cause exists)
- Department of Central Management Services v. Illinois Labor Relations Board, State Panel, 388 Ill.App.3d 319 (2009) (two tests for managerial status: fact-based and law-based)