2011 IL App (4th) 090966
Ill. App. Ct.2011Background
- AFSCME filed a majority representation petition in Oct. 2006 seeking to include CMS PSA 2 employees in RC-62 bargaining unit.
- Board ruled in Nov. 2009 that PSA 2s were not confidential, managerial, or supervisory and denied CMS an oral hearing for those employees.
- CMS argued the Board erred by denying oral hearings and by the classification of PSA 2s; CMS petitioned for review.
- ALJ earlier found some PSA 2s warranted hearings; 92 denied-hearing and 44 with hearings were identified.
- Board ultimately affirmed denial of hearings for many PSA 2s but reversed on others, and CMS appealed to the appellate court with remand instructions.
- The appellate court held CMS proved error in denying oral hearings and in misclassifying certain PSA 2s, and remanded with directions for targeted oral hearings and reconsideration of exclusions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board erred in denying an oral hearing for disputed PSA 2 employees. | CMS contends Board violated its own rules and due process. | Board acted within its rule-based standard requiring reasonable grounds for an oral hearing. | Board erred in denying hearings for specific PSA 2s. |
| Whether PSA 2 employees were correctly deemed non-confidential, non-managerial, and non-supervisory under the Act. | CMS showed significant questions about status of many PSA 2s. | Board used correct standards to classify; many PSA 2s did not meet thresholds. | The Board erred in finding some PSA 2s were not confidential/managerial/supervisory; required reversal for those identified. |
| Whether the Board’s findings on remaining PSA 2s granted an oral hearing were properly applied under the Act. | CMS argues mixed questions of fact and law were misapplied. | Board’s findings should be reviewed under clear-error standard. | The Board’s conclusions were reviewed and found clearly erroneous as applied to several PSA 2s. |
Key Cases Cited
- AFSCME v. Illinois Labor Relations Board, State Panel, 406 Ill.App.3d 766 (2010) (clear-error review of oral-hearing denial (State Panel case))
- Carpetland U.S.A., Inc. v. Illinois Department of Employment Security, 201 Ill.2d 351 (2002) (mixed/fact-law review; standard of review in labor cases)
- Department of Central Management Services v. Illinois Labor Relations Board, State Panel, 406 Ill.App.3d 310 (2010) (identical legal context on oral hearing and standards)
- City of Freeport v. Illinois State Labor Relations Board, 135 Ill.2d 499 (1990) (supervisory/managerial definitions and scope in labor relations)
- Chief Judge of the Circuit Court v. AFSCME, Council 31, 153 Ill.2d 508 (1992) (confidentiality exclusion rationale in labor relations)