American Federation of State, County, and Municipal Employees v. The Illinois Labor Relations Board

Illinois Appellate Court
Civil Court
Unions
Citation
Case Number: 
2017 IL App (5th) 160229
Decision Date: 
Wednesday, November 8, 2017
District: 
5th Dist.
Division/County: 
ILRB
Holding: 
Reversed and remanded.
Justice: 
CHAPMAN

Illinois Labor Relations Board (ILRB) abused its discretion in dismissing, without a hearing, union's unfair labor charge against Illinois Department of Central Management Services (CMS), because charge raised a factual question concerning whether policy was a unilateral change to a term or condition of employment during contract negotiations. Charge challenged a policy requiring employees to pay entire cost of their health insurance premiums for any pay period during which they go on strike, even if they are not on strike for the entire pay period. Even if proceedings did not fully comport with requirements of Open Meetings Act, ILRB's decision was a final administrative decision and was not inherently null and void.(GOLDENHERSH and CATES, concurring.)