Amalgamated Transit Union, Local 241 v. Illinois Labor Relations Board, Local Panel

Illinois Appellate Court
Civil Court
Collective Bargaining Agreements
Citation
Case Number: 
2017 IL App (1st) 160999
Decision Date: 
Monday, August 21, 2017
District: 
1st Dist.
Division/County: 
ILRB
Holding: 
Remanded.
Justice: 
MIKVA

Union filed unfair labor practice charge against CTA for violating parties' collective bargaining agreement and failing to bargain with Union when CTA implemented Ventra, an open fare payment collection system. Illinois Labor Relations Board (ILRB) dismissed ULP complaint as it pertained to subcontracting of Union jobs as untimely, as charge was not filed within 6 months of date Union received a copy of a request for proposals (RFP) for Ventra from CTA. ILRB dismissed the rest of the complaint, finding that elimination of Union positions was not a mandatory subject of bargaining. Time for filing charge as to subcontracting was not triggered by RFP. ILRB is directed on remand to consider whether time to file was otherwise triggered more than 6 months before date that charge was filed. ILRB is directed to reconsider its determination that elimination of positions was not a mandatory subject of bargaining by addressing Union's argument that CTA waived its rights on this issue, and by applying balancing test in context of a timely filed subcontracting charge, if it finds that subcontracting charge was timely filed. (CONNORS and HARRIS, concurring.)