Our Results

In May 2021, Paul Denham persuaded the Illinois Appellate Court for the Second District to reverse decisions by a circuit court judge and the Hanover Park Police Pension Fund, which had held that holiday pay under the police collective bargaining agreement was "pensionable salary" for purposes of calculating pension benefits.  The Court ruled that the Pension Fund had erred in finding that holiday pay was "fixed" compensation as defined in regulations promulgated by the Illinois Department of Insurance. See Village of Hanover Park v. Bd. of Trustees of the Village of Hanover Park Police Pension Fund, 2021 IL App (2d) 200380.   

 

In March 2021, Jim Powers achieved the dismissal of a Teamsters representation petition for the Winnebago County Sheriff's Office.  The Teamsters had sought to represent 10 Sergeants for purposes of collective bargaining.  An Administrative Law Judge with the Illinois Labor Relations Board concluded that all 10 Sergeants were supervisory and confidential employees within the meaning of the Illinois Public Labor Relations Act.  The Teamsters declined to appeal to the ALJ's decision. See County of Winnebago, 37 PERI ¶ 111 (ILRB ALJ 2021).  

In February 2021, Kelly Coyle persuaded the Illinois Attorney General's Public Access Counselor (PAC) to reject a FOIA appeal by a local news reporter.  The reporter had sought records from a municipal police department concerning an alleged sexual offense against a minor that did not result in an arrest for criminal charges.  In a binding opinion, the PAC concluded that the records were exempt from disclosure under Section 7(1)(a) of FOIA and the Privacy of Child Victims of Criminal Sexual Offenses Act. See Village of Bartlett, Public Access Op. 21-002 (Feb. 17, 2021).    

In December 2020, Paul Denham achieved the dismissal of an unfair labor practice charge that was filed against the Village of Bartlett.  In the charge, MAP had alleged that the Village violated its duty to bargain in good faith by exempting its police officers from benefits under the Families First Coronavirus Response Act.  The Labor Board's Executive Director decided (without a hearing) that the Village had not changed the status quo by exempting the officers from the FFCRA's coverage, because the FFCRA expressly gave employers the discretion to exempt emergency responders from its leave requirements. The Union never appealed the dismissal to the full Labor Board.  See Village of Bartlett, Case No. S- CA-20-224 (ILRB Ex. Dir. Dec. 2, 2020).      

In November 2020, Ted Clark achieved a favorable interest arbitration award for the Village of Skokie from Arbitrator Sinclair Kossoff.  In a 97-page award, the Arbitrator awarded the Village's final proposals on wages (2.5%, 2.5% and 1.5%) and contract duration (3 years).  See Village of Skokie, Case No. S-MA-19-113 (Nov. 27, 2020) (Kossoff, Arb.).    

In October 2018, Jill Leka and Paul Denham persuaded the full Illinois Labor Relations Board to uphold the Executive Director's dismissal of an unfair labor practice charge filed by the Policemen's Benevolent Labor Committee, which had alleged bad faith bargaining in connection with the implementation of new work assignments.  See City of Sparta, 35 PERI ¶ 72 (ILRB 2018). 

In May 2018, Jim Powers achieved the dismissal of a bad faith bargaining charge filed by the University Professionals of Illinois, Local 4100 against the University of Illinois. The Illinois Educational Labor Relations Board unanimously concluded that the University had not unilaterally changed the status quo during first contract negotiations at its Springfield campus when it declined to process two faculty grievances that challenged the University’s tenure denial decision. See Bd. of Trustees of the Univ. of Ill., Springfield, 34 PERI ¶ 171 (IELRB 2018).

In April 2018, Jim Powers and Kelly Coyle successfully persuaded the Illinois Appellate Court for the Fourth District to overturn a decision by the Illinois Educational Labor Relations Board (“IELRB”). The Court found that the IELRB had erred when it added approximately 30 department chairs at the University of Illinois’ Springfield (“UIS”) campus to an underlying tenured and tenure-track faculty bargaining unit. The Court concluded that all 30 department chairs at UIS qualified as “managerial employees” within the meaning of the Illinois Educational Labor Relations Act. See Bd. of Trustees of Univ. of Ill. v. Ill. Educ. Labor Relations Bd., 2018 IL App (4th) 170059.

In March 2018, Bob Smith and Jim Powers successfully defended the City of Elgin against a complaint for preliminary injunctive relief filed by IAFF Local 439 in Kane County Circuit Court. The Union had attempted to block the City’s exercise of its contractual management right to reduce daily shift staffing until the completion of grievance-arbitration proceedings. Kane County Circuit Court Judge Akemann concluded that the Union had failed to prove the necessary irreparable harm that would justify staying the City’s decision while the parties arbitrated the Union’s grievance. See IAFF Local 439 v. City of Elgin, Case No. 17 CH 1119 (Kane Cty. Cir. Ct. 2018).

In February 2018, Jim Powers and Kelly Coyle achieved summary judgment on behalf of the Village of Glenview on all counts of a federal FMLA-retaliation and age discrimination claim by a former telecommunicator. See Potnick v. Vill. of Glenview, 2018 WL 1064589 (N.D. Ill. 2018).

Ben Gehrt successfully handled an appeal for the Village of Oak Lawn wherein ALJ Anna Hamburg-Gal issued a favorable decision vacating a $3.1 million Compliance Order to pay back pay and interest for allegedly understaffing the fire department. See Village of Oak Lawn and Oak Lawn Professional Fire Fighters Association, IAFF Local 3405, Case No. S-CA-09-007-C (2015).

Ted Clark and Ben Gehrt received a favorable decision in a recent case that presents a breakthrough development for Illinois municipal employers. In Village of Glenview, the Village made the decision to adjust its level of service by removing one ambulance from service during non-peak hours of operation, but only when the ambulance had to be staffed using overtime. The Village studied the potential change intensely before implementing the new policy, and realized the change could be accomplished safely and effectively. The Union objected that the Village had no right to make the change unilaterally because minimum manning is a mandatory subject of bargaining. Earlier this year, ALJ Heather Sidwell held that minimum staffing in this context is a permissive subject of bargaining, so the Village had no bargaining obligations and was entitled to implement its change unilaterally. The Union filed no exceptions to the ALJ’s decision. On November 18, the Board had the opportunity to review this decision on its own motion. The Board unanimously decided there was no need to review the decision, thus allowing the ALJ’s groundbreaking decision to stand. See Village of Glenview and Glenview Professional Firefighters Local 4186, Case No. S-CA-11-201 (2014).

Ben Gehrt received a favorable decision for the City of Wheaton, wherein the Illinois Labor Relations Board confronted two issues. First, is a health insurance proposal that grants the employer broad flexibility to unilaterally change health insurance benefits a permissive subject of bargaining? Second, is the submission of a permissive subject of bargaining a violation of the Illinois Public Labor Relations Act. On the first issue, the Board upheld the ALJ’s determination that a proposal for broad flexibility to unilaterally change health insurance benefits is, in fact, a permissive subject of bargaining. More importantly, the Board upheld prior precedent, and ruled that the mere submission of a permissive subject of bargaining in interest arbitration is not a violation of the Labor Relations Act. Thus, the complaint against Wheaton was dismissed. City of Wheaton and Wheaton Firefighters Union Local 3706, Case No. S-CA-14-067 (2014).

Ben Gehrt and Roxana Crasovan convinced the Illinois Labor Relations Board to uphold the ALJ’s decision that the Union’s unfair labor practice charge was not timely filed. This case revolved around the Village’s use of “reimbursement agreements” for newly hired firefighters. The Village announced the reimbursement agreements during staff meetings, and the Union never requested bargaining. When the Village enforced the reimbursement agreements against a firefighter who voluntarily resigned, the Union filed a bad faith bargaining charge against the Village. Critically, by adopting the ALJ’s decision, the Board held that the time limit to file an unfair labor practice charge began to run when the reimbursement agreements were announced to the entire department (even though Union leadership pled ignorance), not from the date when the Village enforced the agreements. Because the Union filed the unfair labor practice charge more than 6 months after the use of the agreements was announced, the charge was dismissed as untimely. Village of Skokie and IAFF Local 3033, Case No. S-CA-13-115 (2014).

Ben Gehrt successfully represented City of Geneva, wherein the IBEW sought to organize a new bargaining unit, including two supervisory positions: a Fleet Maintenance Supervisor and a Street Maintenance Supervisor. Significantly, the ALJ’s decision held that both positions met the “preponderance” requirement for supervisory status, even though one of the supervisors spent 40-50% of his time working alongside his subordinates with his hands on the tools. The ALJ ruled that although he was working, the supervisor was simultaneously monitoring and correcting his employees’ work, thus satisfying the preponderance requirement. No exceptions were filed, and the Board upheld the ALJ’s decision. Although this case is a non-precedential decision, it is an indication that employers might have more success arguing supervisory status than in years past. City of Geneva and IBEW Local 196, Case No. S-UC-14-007 (2014).

James Baird and Roxana Crasovan successfully convinced Arbitrator Camden to sustain the suspension of a veteran police officer for, among other things, failing to meet the Town’s published productivity standards. In Arbitrator Camden’s words, “There is no public policy that would prohibit an Employer from disciplining an employee that has been counseled on numerous occasions to improve her performance when that performance does not improve.” Town of Normal and PBPA Unit 22, (Arb. Camden, July 22, 2014)

James Baird received a favorable grievance arbitration decision in a very important matter of contract interpretation involving the Village of Elk Grove Village and the IAFF. In this case, the Arbitrator rejected the Union’s claim that a fourth lieutenant had to be hired back on overtime, notwithstanding the Union’s claim of a long past practice. The Arbitrator concluded that the contract’s newly negotiated language on “staffing” gave the Chief the right to discontinue hiring back a fourth lieutenant if staffing levels were otherwise met. Village of Elk Grove Village and Elk Grove Firefighters, Local 2340 (Arb. Benn March 14, 2014). 

Clark Baird Smith LLP attorneys received a favorable interest arbitration award for the City of Highland Park. Wages was the sole issue in this interest arbitration involving a bargaining unit of sergeants. Arbitrator Goldstein selected the City’s final wage offer, finding “as a matter of law the City’s proposal on wages is the only valid proposal before me.” The City had objected to the Union’s proposal because it included retroactivity for a year in which the Union had failed to timely request mediation under Section 14(J) of the Act. Jim Baird tried the case and was assisted by Roxana Crasovan on the brief. City of Highland Park and Teamsters, Local 700 (Arb. Goldstein, October 13, 2014). 

JJim Baird and Ben Gehrt received a favorable interest arbitration award for the City of Bloomington. Arbitrator Greco awarded the City’s proposal to reduce sick leave buyback benefits for all firefighters hired on or after June 17, 2013, in exchange for a one-time lump sum payment of $1,000 to current employees. City of Bloomington and IAFF, No. S-MA-13-176 (Arb. Greco, Nov. 27, 2013). The Union has since appealed this decision to the Circuit Court. 

Ted Clark and Ben Gehrt received a favorable interest arbitration award. With respect to one of the key issues, the arbitrator awarded the Employer’s proposal to alter the status quo and reduce minimum staffing levels. The employer also prevailed on a critical health insurance issue. City of Rockford and IAFF, No. S-MA-12-108 (Arb. Goldstein 2013).

Jim Baird and Ben Gehrt successfully represented an Illinois Town in its effort to allow two part-time employees to vote in an Illinois Labor Relations Board conducted decertification election. Reversing its ALJ, the ILRB ruled that the employees’ votes should be counted, resulting in a revised tally of ballots showing 21 votes against and 20 votes for representation by the labor union. Town of Normal and Laborers Int’l, Local 362, Case No. S-RD-12-006 (ILRB SP 2013).

Jim Powers successfully helped an educational employer defend against unfair labor practice charge allegations that approximately five tenured community college faculty members were laid off based on their union and/or protected concerted activities. After two-plus years of litigation, the Illinois Educational Labor Relations Board unanimously affirmed its Administrative Law Judge’s recommended decision that there was insufficient evidence that the employer had discriminatorily selected the five faculty members for a layoff. Board of Trustees of Ill. Eastern Community Colleges, 29 PERI ¶ 136 (IELRB 2013).

Jim Baird and Jim Powers persuaded the full Illinois Labor Relations Board to dismiss a representation petition filed by the Fraternal Order of Police, which sought to represent nine municipal police sergeants for purposes of collective bargaining. The employer argued, among other things, that all of the sergeants should be excluded from the union’s proposed bargaining unit based on a variety of supervisory duties, including but not limited to their authority to direct and discipline subordinate police officers. The Administrative Law Judge accepted most of the employer’s arguments, and recommended that the representation petition be dismissed in 2012. The full ILRB rejected the union’s appeal, confirming in the process that all nine police sergeants qualified as “supervisory” personnel, which in turn meant that they do not enjoy collective bargaining rights under the Illinois Public Labor Relations Act. Village of Plainfield, 29 PERI ¶ 123 (ILRB 2013).

Ben Gehrt received an Appellate Court decision reversing a circuit court’s order of reinstatement and backpay. The decision resulted in the reversal of more than $200,000 in backpay damages and led to a very favorable settlement that ended nearly two decades of litigation. Ertl v. DeKalb, No. 2-11-0199 (IL. Ct. App. 2013).

Robert Smith and Ben Gehrt won a “total package” interest arbitration decision in favor of the employer. The award resulted in no steps, no COLA, and employee payroll deductions for past pay increases that were reversed by the arbitrator’s award. Las Vegas Metropolitan Police Department and PPACE (Arb. Jay Fogelberg 2013).

Robert Smith and Ben Gehrt received a favorable interest arbitration award where the employer prevailed on all key issues, including wages, health insurance, longevity, and duration. The award also included favorable results on numerous secondary issues. City of Elgin and IAFF, No. S-MA-13-010 (Arb. Jay Grenig 2013).

Ben Gehrt received a summary judgment in favor of the employer on the plaintiff’s state law claims arising under the Illinois Human Rights Act. Bhardwaj vs. Simpson Strong Tie, No. 12-CH-1226 (DuPage County 2013).

Ben Gehrt and Melissa Schilling successfully represented an employer in the Second District Illinois Appellate Court. The Court reversed the judgment of the circuit court and reinstated a suspension for a police officer who made inappropriate statements to two citizens who reported a crime. Jedlicka v. City of Crystal Lake, No. 2-13-0073 (Il. Ct. App. 2013).

Jim Powers successfully argued that a Chicago charter school was a private sector employer that falls within the jurisdiction of the National Labor Relations Board. After two-plus years of litigation, the NLRB reversed its Regional Director and found the charter school was indeed an “employer” within the meaning of the National Labor Relations Act. By extension, the IELRB’s jurisdiction was preempted by the NLRB. After the NLRB scheduled a secret ballot election under the auspices of the NLRA, the union disclaimed interest in further representation of the charter school’s employees. Chicago Mathematics & Science Academy Charter Sch., Inc., 359 N.L.R.B. No. 41 (2012).