Department of Central Management Services/Department of Public Health v. Illinois Labor Relations Board, State Panel
980 N.E.2d 821
Ill. App. Ct.2012Background
- This is an Illinois appellate case reviewing whether three Department of Public Health regional supervisors are “supervisors” under the Illinois Public Labor Relations Act 5 ILCS 315/3(r).
- AFSCME Council 31 petitioned to represent the three employees as part of RC-63 bargaining unit.
- Board and ALJ found the individuals were employees with the right to bargain; Department petitioned for supervisory status rejection.
- Key evidence centered on whether the regional supervisors have independent judgment and substantial discretion affecting subordinates’ terms and conditions.
- The court upheld the Board’s determination that the regional supervisors are not supervisors under 3(r); the Department’s appeal was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the regional supervisors are supervisors under 3(r). | Union argues they are not supervisors. | Department argues they are supervisors under 3(r). | Not supervisors; Board affirmed (judgment for Board). |
| Whether the regional supervisors have independent judgment to discipline or direct subordinates. | Union contends supervisors have independent discretion in discipline/direct actions. | Department contends they exercise supervision in these areas with independent judgment. | Insufficient evidence of independent judgment; no supervisory status. |
Key Cases Cited
- City of Freeport v. Illinois State Labor Relations Board, 135 Ill. 2d 499 (1990) (three-part test for supervisor status; preponderance time factor required)
- Department of Central Management Services v. Illinois Labor Relations Board, 382 Ill. App. 3d 208 (2008) (clear framework for determining 3(r) supervisory status; direction requires discretion to affect terms and conditions)
- AFSCME v. Department of Employment Security, 198 Ill. 2d 380 (2001) (hybrid factual-law review; independent judgment concept)
- Village of Maryville v. Illinois Labor Relations Board, State Panel, 402 Ill. App. 3d 369 (2010) (importance of supervisory authority existence over time spent)
- City of Peru v. Illinois State Labor Relations Board, 167 Ill. App. 3d 284 (1988) (importance of supervisory authority existence and impact on employment)
- City of Freeport v. Illinois State Labor Relations Board, 135 Ill. 2d 499 (1990) (establishment of supervisory-defining framework)