IL Department of Central Management Services v. IL Labor Relations Board

              NO. 4-06-0083 Filed 5/2/07
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE STATE OF ILLINOIS, DEPARTMENT OF ) Direct Appeal from
CENTRAL MANAGEMENT SERVICES (DEPARTMENT ) Illinois Labor
OF CORRECTIONS), ) Relations Board,
Petitioner-Appellant, ) State Panel
v. )
THE STATE OF ILLINOIS, LABOR RELATIONS )
BOARD, STATE PANEL; JACKIE GALLAGHER, ) No. S-CA-03-002
MICHAEL HADE, CHARLES HERNANDEZ, REX ) S-CA-03-052
PIPER, and LETITIA TAYLOR, the Members ) S-CA-03-054
of Said Board and Panel in Their ) S-CA-03-056
Official Capacity Only; and THE ) S-CA-03-064
AMERICAN FEDERATION OF STATE, COUNTY ) S-CA-03-068
AND MUNICIPAL EMPLOYEES, COUNCIL 31, ) S-CA-03-090
Respondents-Appellees. ) S-CA-03-092
______________________________________________________________
JUSTICE COOK delivered the opinion of the court:
This case arises out of an impasse in negotiations
between petitioner, the State of Illinois Department of Central
Management Services (Department of Corrections) (hereinafter
CMS), and respondent American Federation of State, County, and
Municipal Employees, Council 31 (hereinafter AFSCME). The
negotiations involved the impact on security employees of CMS's
closure of several correctional facilities. AFSCME was the
exclusive representative of the employees at issue. Both parties
agree that the employees in question are "security employees" as
defined by the Illinois Public Labor Relations Act (Act) (5 ILCS
315/3(p) (West 2002)). Because security employees are afforded
access to certain dispute-resolution procedures under section 14