Fraternal Order of Police v. Illinois Labor Relations Board
961 N.E.2d 855
Ill. App. Ct.2011Background
- Lodge filed unfair labor practice charge on Sept. 9, 2008 against City alleging unilateral consolidation of 18 training districts into 6 and direct dealings with FTOs.
- Charge claimed transfers of FTO positions involve wages, hours, or working conditions and that City failed to bargain in good faith.
- ALJ recommended finding violations for failing to bargain over consolidation and its effects, but found no direct dealing with Lodge.
- Board applied Central City three-part test, concluded consolidation involved inherent managerial authority and burdens of bargaining outweighed benefits; effects bargaining not properly raised.
- Lodge petitioned for direct review; standard of review described as mixed question with clearly erroneous standard; Board’s decision affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the consolidation of districts a mandatory bargaining subject? | Lodge—consolidation affects wages, hours, and terms and should be bargained. | City—consolidation falls under inherent managerial authority. | Not mandatory; falls within inherent managerial authority |
| Was the Board's balancing of bargaining benefits against managerial burdens proper? | Lodge—balancing would show more need to bargain. | City—balancing supports no bargain due to managerial impact. | Board did not clearly err in balancing |
| Was Lodge's claim to bargain over the effects of the consolidation waived? | Lodge argued effects bargaining should be considered. | City—no timely amendment; opening statements mischaracterized; waiver due to failure to raise. | Waived |
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 of the University of Illinois v. Illinois Labor Relations Board, 224 Ill.2d 88 (2007) (inherent managerial authority framework and balancing framework)
- City of Belvidere v. Illinois State Labor Relations Board, 181 Ill.2d 191 (1998) (mixed-question review with deference to agency findings)
- AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill.2d 380 (2001) (clear-error standard and deference to agency reasoning)