Department of Central Management Services/The Department of Public Health v. Illinois Labor Relations Board, State Panel
979 N.E.2d 603
Ill. App. Ct.2012Background
- CMS, DPH, DNR, and EPA petitioned to exclude option 8Es from the bargaining unit but include them as public employees under the Act.
- Board initially adopted ALJ findings that option 8Es were non-supervisors and eligible for inclusion in a professional unit.
- Option 8Es are engineers (8E) under CMS class specs; duties include investigations, enforcement, reporting, and field oversight.
- Testimony from DeWitt (DPH), Schuck (DNR), and Yurdin (EPA) described supervisory acts over subordinates (training, reviewing work, overtime decisions, discipline, evaluations).
- ALJ found no indicia of supervisory status; Board reaffirmed the ALJ’s findings in 2010, leading to certification of Council 31.
- Court reversed, holding option 8Es perform supervisory functions and devote a preponderance of time to those tasks.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether option 8Es are supervisors under 3(r). | CMS argues option 8Es perform supervisory functions with independent judgment. | Board/ALJ contended time spent on supervisory tasks is not predominant; not supervisors. | Yes; option 8Es are supervisors under 3(r). |
Key Cases Cited
- Village of Maryville v. Illinois Labor Relations Board, State Panel, 402 Ill. App. 3d 369 (2010) (preponderance time not solely determinative; supervisory authority essential)
- City of Freeport v. Illinois State Labor Relations Board, 135 Ill. 2d 499 (1990) (preponderance time test; independent judgment and supervisory duties)
- City of Peru v. Illinois State Labor Relations Board, 167 Ill. App. 3d 284 (1988) (supervisory elements include independent judgment and time spent on supervisory tasks)
- Department of Central Management Services v. Illinois State Labor Relations Board, State Panel, 278 Ill. App. 3d 79 (1996) (definition and scope of supervisory status; functions vs. time allocation)
- Chief Judge of the Circuit Court v. AFSCME, Council 31, 153 Ill. 2d 508 (1992) (preponderance of time to supervisory duties; conceptual standard for supervision)