The Illinois Department of Central Management Services v. The Illinois Labor Relations Board

              Filed 4/24/08 NO. 4-07-0344
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE ILLINOIS DEPARTMENT OF CENTRAL
MANAGEMENT SERVICES (STATE POLICE),
Petitioner-Appellant,
v.
THE ILLINOIS LABOR RELATIONS BOARD,
STATE PANEL; JACKIE GALLAGHER, MICHAEL
HADE, CHARLES HERNANDEZ, REX PIPER, and
MICHAEL COLI, the Members of Said Board and
Panel in Their Official Capacity Only; and the
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, COUNCIL 31,
Respondents-Appellees.
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Petition for Review of an
Order of the Illinois Labor
Relations Board, State
Panel
No. S-RC-04-108
PRESIDING JUSTICE APPLETON delivered the opinion of the court:
Pursuant to section 9(a-5) of the Illinois Public Labor Relations Act (Act)
(5 ILCS 315/9(a-5) (West 2006)), the American Federation of State, County and
Municipal Employees, Council 31 (union), filed a petition to represent telecommunica-tions
supervisors, employed by the State of Illinois, Department of Central Management
Services, State Police (employer). The employer opposed the petition on the grounds
that telecommunications supervisors were "supervisors" within the meaning of section
3(r) (5 ILCS 315/3(r) (West 2006)), "managerial employees" within the meaning of
section 3(j) (5 ILCS 315/3(j) (West 2006)), or both. The Board found that telecommuni-cations
supervisors were neither "supervisors" nor "managerial employees" and,
therefore, ordered their inclusion in the RC-14 bargaining unit. American Federation of
State, County & Municipal Employees, Council 31, 23 Pub. Employee Rep. (Ill.) par. 38,