2011 IL App (1st) 103215
Ill. App. Ct.2011Background
- Lodge filed an unfair labor practice charge (9/9/2008) alleging the City unlawfully consolidated 18 training districts into 6 and engaged in direct dealing with FTOs.
- FTOs are bargaining-unit employees; probationary officers are not in the unit until after 18 months.
- Consolidation announced 9/4/2008; many FTOs were reassigned or resigned, with some losing extra pay.
- ALJ recommended finding violations for refusing to bargain and failing to bargain in good faith; Board later rejected that recommendation and dismissed the complaint.
- Board applied Central City three-part test, finding consolidation within inherent managerial authority and waiving an effects-bargaining claim for not having been properly pleaded.
- Lodge sought direct review; standard of review described as mixed question of law and fact with deference to agency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is consolidation of FTO districts a mandatory subject? | Lodge: consolidation affects wages/hours/terms and thus is mandatory. | City: consolidation is inherent managerial authority not mandatory. | Not clearly erroneous to find inherent managerial authority; mandatory subject determination affirmed. |
| Does the Board balance benefits and burdens properly when treating inherent managerial authority? | Lodge: bargaining could improve process; burden overstated is minimal. | City: burdens outweigh benefits; discretion to manage training policy resides with management. | Board's balancing not clearly erroneous; benefits outweighed by managerial burdens. |
| Was the claim to bargain over the effects of the consolidation properly before the ALJ/waived? | Lodge raised effects bargaining in opening statement and record supported it. | City: effects bargaining not in complaint; waiver due to opening statement inconsistency. | Lodge waived effects-bargaining claim; Board properly rejected it. |
Key Cases Cited
- Central City Education Ass'n, IEA/NEA v. Illinois Educational Labor Relations Board, 149 Ill.2d 496 (1992) (three-part test for mandatory bargaining subjects)
- Board of Trustees v. Illinois Educational Labor Relations Board, 224 Ill.2d 89 (2007) (inherent managerial authority and non-mandatory rights)
- AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill.2d 380 (2001) (administrative deference to agency balancing framework)
- City of Belvidere v. Illinois State Labor Relations Board, 181 Ill.2d 191 (1998) (standard of review for mixed questions of law and fact)