Department of Central Management Services v. Illinois Labor Relations Board

Illinois State Labor Relations Board decision included attorney for State Police in a stand-alone bargaining unit. Department of CMS did not show that Board's decision was clearly erroneous. The only evidence of attorney acting independently was in giving legal advice to forensic labs, and thus he failed to qualify as a managerial employee. In applying the authorized-access test, the job responsibilities for the position, and not just the current position holder's duties thus far, must be considered. (POPE and KNECHT, concurring.)