International Ass'n of Firefighters Local 49 v. City of Bloomington
67 N.E.3d 872
Ill. App. Ct.2017Background
- IAFF Local 49 (Union) and the City of Bloomington (City) negotiated a successor collective bargaining agreement in 2012; the only unresolved issue was the sick‑leave “buyback” paid to retiring firefighters.
- Prior agreements (including 2009–2012) paid retirees 100% of unused sick leave up to 1,800 hours into a retirement health savings account.
- City’s final offer preserved the existing buyback for firefighters hired before June 17, 2013, but limited post‑June 17, 2013 hires to payment for 50% of unused sick leave and added a one‑time $1,000 payment to incumbents; Union sought status quo.
- Parties submitted the dispute to single arbitrator Amedeo Greco under section 14 of the Illinois Public Labor Relations Act; the arbitrator adopted the City’s final offer after considering, among other factors, the City’s large firefighters’ pension shortfall.
- Union filed for judicial review under section 14(k), arguing the arbitrator improperly considered pension funding and, alternatively, seeking statutory interest on the $1,000 payment; the circuit court granted summary judgment for the City and denied interest. The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arbitrator exceeded authority or acted arbitrarily by considering City's pension obligations in selecting buyback proposal | Arbitrator made pensions a mandatory arbitration issue and used buyback to "backdoor" pension funding; pensions are outside section 14 authority | Arbitrator permissibly considered pension obligations only as part of the City’s financial ability under section 14(h)(3) when deciding wages/hours/conditions | Affirmed: arbitrator may consider pension obligations as part of the employer’s financial ability; did not exceed authority or act arbitrarily |
| Whether Union was entitled to 12% statutory interest on the $1,000 payment after court affirmed award | Union: court could award retroactive interest when affirming monetary award under section 14(k) | City: statutory language ties interest award to court findings of frivolous appeal and ensuing fee award; not applicable here | Affirmed: section 14(k) does not authorize interest to a losing appellant; no frivolous‑appeal finding, so no interest awarded |
Key Cases Cited
- Town of Cicero v. Illinois Ass’n of Firefighters, IAFF Local 717, 338 Ill. App. 3d 364 (2003) (defines arbitrary or capricious standard for arbitration review)
- Blum v. Koster, 235 Ill. 2d 21 (2009) (statutory construction: apply plain language to determine legislative intent)