The Department of Central Management Services v. The Illinois Labor Relations Board
982 N.E.2d 971
Ill. App. Ct.2013Background
- AFSCME filed a majority interest representation petition in February 2010 seeking to include CMS attorney-assistant employees in the RC-10 bargaining unit.
- The contested PSA 8s are attorney-assistants to Pollution Control Board members who draft and issue administrative adjudicatory decisions and advise on legal issues.
- The Board initially denied managerial status to the PSA 8s in August 2011 by a 3–2 decision, with dissents favoring managerial status.
- CMS appealed, arguing the Board erred in (a) treating PSA 8s as non-managerial and (b) potentially including 4d(1) exempt employees in the unit.
- The court reversed the Board, holding the PSA 8s are managerial employees as a matter of law, and remanded; the 4d(1) issue was not reached.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the PSA 8s managerial under the Act? | CMS asserts PSA 8s are managerial. | Board concluded PSA 8s were not managerial. | Yes; PSA 8s are managerial as a matter of law. |
| Should 4d(1) exempt employees be included in the bargaining unit if managerial status is found? | Exempt employees should be included where appropriate. | Not necessary to decide if managerial status is established. | Not addressed on remand; court reversed without resolving this issue. |
| What standard of review governs mixed questions of fact and law in these determinations? | Mixed questions warrant applying the intermediate standard with deference to Board findings. | Standard of review as described in prior proceedings applies. | The court applied an intermediate standard, finding Board’s error clearly erroneous where applicable. |
Key Cases Cited
- Illinois Human Rights Comm’n, 406 Ill. App. 3d 310 (2010) (ALJs were managers as a matter of law in HR Commission case)
- Illinois Commerce Comm’n, 406 Ill. App. 3d 766 (2010) (ALJs’ managerial status contested; remanded for fact-specific determination)
- Public Service Administrator, Option 2, 2011 IL App (4th) 090966 (2011) (mixed questions; intermediate review standard for managerial status)
- Department of Healthcare & Family Services v. Illinois Labor Relations Board, State Panel, 388 Ill. App. 3d 319 (2009) (two tests for managerial status: traditional and alternative (law and fact))
- Department of Central Management Services v. Illinois Labor Relations Board, State Panel, 406 Ill. App. 3d 766 (2010) (precedent on managerial status and approach to representation petitions)