Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Olin Corp v. Bowling

OPINION FILED APRIL 8, 1981.

OLIN CORPORATION, PLAINTIFF-APPELLANT,

v.

WILLIAM M. BOWLING, DIRECTOR OF LABOR, ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Madison County; the Hon. JOHN W. DAY, Judge, presiding.

MR. JUSTICE WELCH DELIVERED THE OPINION OF THE COURT:

This case presents another aspect of the multi-faceted litigation which has arisen from the strike at the East Alton Plant of the Olin Corporation in late 1977 and early 1978. Most of the proceedings involving the strikers' eligibility for unemployment compensation have been detailed in this court's opinion in People ex rel. Olin Corp. v. Department of Labor (1981), 95 Ill. App.3d 1108, 420 N.E.2d 1043, and only those portions relevant to the issue in this appeal need to be discussed here.

On November 1, 1978, Olin brought an action in the Circuit Court of Madison County to review a decision of defendant, Bowling, Director of the Illinois Department of Labor. That decision decided that some of 3,801 Olin employees who claimed entitlement to unemployment compensation during that strike were eligible for those benefits. Originally, Olin intended to serve only the unions to which the claimants belong. However, the trial court determined that the individual claimants must be served, and Olin so amended its complaint to conform to that determination.

In October of 1979, Olin moved to amend service of process in this case to allow the clerk of the Circuit Court of Madison County to issue summonses to the defendants by certified rather than by registered mail. A hearing was held on this motion on December 14, 1979, following which the motion was denied. Permission to take an interlocutory appeal was granted by the trial court and by this court. The question certified by the trial court for this appeal is "whether or not summons by certified mail would constitute proper process" in this case.

Olin argues that the extra features offered by registered mail do not make it more reliable than certified mail, and do not justify the substantial additional cost which would be required here. We take judicial notice that, under current postal rates, a registered letter costs $3.30 to send while a certified letter costs $.75. This is in addition to the return receipt and first class postage at $.60 and $.18 respectively, required in either type of delivery. Registered mail is thus $2.55 more expensive than certified mail, per letter, or a difference of $9,692.55 for service to 3,801 claimants.

It is claimed that there are only two differences between registered and certified mail. First, only registered mail may be insured, and the minimum fee for registered mail automatically includes $100 of insurance. Second, registered mail "incorporates a system of receipts to monitor the mail's movement from the point of acceptance to delivery," (U.S. Postal Service, Domestic Mail Manual par. 911.11 (1979)), while certified mail is handled as ordinary mail. (U.S. Postal Service, Domestic Mail Manual pars. 911, 912; Ill. Ann. Stat., ch. 110A, par. 105, Historical and Practice Notes, at 51 (Smith-Hurd Supp. 1980-1981).

• 1 Olin urges that the trial court abused its discretion in denying its proposed amendment, or that the Administrative Review Act contemplated the use of certified mail in this sort of case. Defendant Bowling responds by directing our attention to the service of process section of the Administrative Review Act (Ill. Rev. Stat. 1979, ch. 110, par. 269), which states in part:

"Summons issued in any action to review the final administrative decision of any administrative agency shall be served by registered mail on the administrative agency and on each of the other defendants * * * addressed to the last known place of residence or principal place of business of each such defendant[s]."

Although not mentioned by the parties to this appeal, Supreme Court Rule 291 (Ill. Rev. Stat. 1979, ch. 110A, par. 291) refers to service by registered mail in proceedings under the Administrative Review Act. It provides in subsection (b):

"The [circuit court] clerk shall promptly serve each defendant by mailing a copy of the summons by registered mail as provided in the Administrative Review Act. Not later than 5 days after the mailing of copies of the summons, the clerk shall file a certificate showing that he served the defendants by registered mail pursuant to the provisions of the Administrative Review Act."

These two provisions have only rarely been interpreted by the courts> of this State. In dicta, this court has noted that the legislature

"* * * did, however, provide in [Ill. Rev. Stat. 1979, ch. 110, par. 269] a simplified and less expensive means of service of summons through the use of registered mail. From this it may properly be inferred that the legislature was aware of the inconvenience and expense of making numerous parties defendants on review and thus permitted a simplified method of bringing them before the Circuit Court. Having thus considered the problem of service of summons on necessary parties on review, and adopted a variation from the usual procedure, the legislature has negatived any such departure from the ordinary rules as that contended for by appellant." (Babington v. County Board of School Trustees (1955), 7 Ill. App.2d 193, 195, 196, 129 N.E.2d 291, 292.)

The plaintiff in Babington sought administrative review of a decision to detach certain property from a school district. Instead of joining as defendants all affected landowners, the plaintiff proposed to join only the school districts involved and the County Board of School Trustees. It was this modification which was disapproved by the appellate court. Nonetheless, Babington states that section 6 of the Administrative Review Act (Ill. Rev. Stat. 1979, ch. 110, par. 269), is a departure from the requirement of personal service, and deviations from the terms of that statute are disfavored.

• 2 We realize that case and statutory authority points to the conclusion that registered mail is required in proceedings under the Administrative Review Act. Thus, it cannot be said that the trial court abused its discretion in denying the proposed amendment. But, Olin further argues that the term "registered mail" in the relevant statute and rule should be construed to include certified mail, as it is suggested that the laws were enacted before certified mail was introduced. This construction would be strained, as both provisions are to be narrowly construed (Babington; Bell Federal Savings and Loan Association v. Horton (1978), 59 Ill. App.3d 923, 376 N.E.2d 1029), and because the reference to "registered mail" only ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.