Interlocutory appeal from the Circuit Court of Cook County,
County Department, Chancery-Divorce Division; the Hon. JOHN J.
LUPE, Judge, presiding. Reversed.
MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT.
This is an appeal from an interlocutory injunction granting relief of a mandatory nature. Ten state employees as members of this class and officers of a union brought an action seeking injunctive and declaratory relief and the issuance of writs of mandamus against Maude Myers, Director of Personnel of the State of Illinois, and John Cullerton, Director of Department of Labor. The complaint alleged a failure on defendant Myers' part to recognize the union represented by plaintiffs or to heed its petitions, and a refusal on defendant Cullerton's part to conduct a public hearing to inquire into this dispute.
On January 24, 1967, plaintiffs moved for a temporary restraining order alleging that defendants had failed to take the action requested in the complaint and that the "continuing failure of defendants and/or the defendants' delegated representatives to afford Plaintiffs and Petitioners any opportunity to present the demands, proposals and recommendations of the class of employees covered by the complaint and petition concerning their hours, wages and working conditions during the course of protracted litigation is likely to cause irreparable damage to Plaintiffs and Petitioners and permanently weaken constructive employer-employee relations between said employees and their employer." The motion requested that defendant Myers be required (1) to convene a meeting for the purpose of receiving demands, proposals and recommendations covering hours, wages and working conditions by representatives of Local 1006, and (2) to agree to a schedule of meetings with the union representatives for the purpose of responding to the demands, proposals and recommendations. The motion further requested that defendant Cullerton be ordered to participate in said meetings in accordance with the spirit of paragraph 26, chapter 10, Illinois Revised Statutes. *fn1
Defendants filed a motion to dismiss on February 3, 1967, stating that the court lacked jurisdiction and that no cause of action was stated upon which relief could be granted.
Defendants also filed the following objections to the motion for temporary restraining order:
1. The motion does not allege facts which demonstrate that irreparable injury will result if a temporary restraining order is not issued;
2. The issuance of a temporary restraining order in this cause would not maintain the status quo, which is the primary purpose of such relief;
3. The relief sought by plaintiffs varies from the relief sought by the complaint, and no allegations of changed conditions are made;
4. A temporary restraining order may not be granted by a Court of this State.
On February 9, 1967, the court entered the following order which is the subject of this appeal:
This cause coming on to be heard on February 6, 1967, on the verified motion of plaintiffs for a temporary restraining order, and the Court having examined the verified complaint herein, said motion with plaintiffs' supporting memorandum, the Objections to said motion and defendants' Motion to Dismiss, together with supporting memoranda, having heard oral argument of the parties, and being fully advised in the premises,
IT IS HEREBY ORDERED that plaintiffs' motion be granted, and an appropriate injunction writ issue without bond, in the following respects:
(1) Defendants John Cullerton (as Director of Labor of the State of Illinois) and Maude Myers (as Director of Personnel of the State of Illinois) are ordered to meet, personally or by their designated representatives, with representatives of Local 1006, American Federation of State, County, and Municipal Employees, AFL-CIO, on behalf of the 1,854 employees of the Bureau of Employment Security, State of Illinois, whose names appear in the Petitions attached to the complaint as Exhibit A, on March 2, 1967, in Room 1414, 160 North La Salle Street, Chicago, Illinois, at 1:00 P.M.;
(2) At said time and place plaintiffs shall present demands, proposals and recommendations in writing, pertaining to hours, wages and working conditions of said employees of the Bureau of Employment Security, to defendants or their designated representatives;
(3) Following said meeting the parties may meet at such times and places as are mutually agreeable, but, in any event, shall conduct at least one meeting no later than March 17, 1967, for the purpose of responding to any demands, proposals or ...