APPEAL from the Circuit Court of Du Page County; the Hon.
ROBERT A. NOLAN, Judge, presiding.
MR. JUSTICE REINHARD DELIVERED THE OPINION OF THE COURT:
Rehearing denied July 22, 1981.
This appeal arises from an action brought in the circuit court of Du Page County by plaintiffs, Naperville Police Union, Local 2233, American Federation of State, County and Municipal Employees, AFL-CIO (Union), seeking a declaration of the rights of the parties and an order directing defendant, City of Naperville (City), to negotiate with the Union over matters affecting the hours, wages and working conditions of the City patrolmen. The trial court issued a memorandum decision in favor of the Union and entered a permanent mandatory injunction compelling the City to recognize the Union as the exclusive bargaining agent for the police patrolmen and to negotiate in good faith concerning salaries, wages, hours and other conditions of employment. From that judgment the City brings this appeal.
The facts of this case are undisputed and were presented to the trial court by way of a stipulation. On November 1, 1971, the City, a home rule municipality, duly adopted Ordinance No. 394.71 entitled, "AN ORDINANCE PROVIDING FOR THE RECOGNITION OF EMPLOYEE ORGANIZATIONS," a comprehensive enactment providing for public employee organization and collective bargaining. Pursuant to the provisions of that ordinance, the Union was certified as the exclusive bargaining representative for the City patrolmen and negotiations were conducted and contracts entered into between the parties regarding hours, wages and working conditions subsequent to passage of Ordinance No. 394.71 through the City's 1977 fiscal year.
On January 18, 1977, the City enacted Ordinance No. 77-17, which repealed those sections of Ordinance No. 394.71 relating to public employee organization, certification and collective bargaining. Ordinance No. 77-17 provides in relevant part:
"WHEREAS, the City Council believes that no new collective negotiations with new bargaining units of employees is necessary, desirable, or in the best interests of the City especially when consideration is given to the costs and expense in dollars, efforts and management loss of productivity;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NAPERVILLE, DuPAGE AND WILL COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That Sections 7.123 through 7.128, inclusive, of Article I, Personnal (sic), Principles and Policies, of Chapter 7, Other Provisions Relating to City Government, of the Municipal Code of Naperville of 1960, as amended, be and the same are hereby repealed." Naperville, Ill., Ordinance 77-17 (Jan. 18, 1977).
Also, on January 18, 1977, the City adopted Resolution No. 77-3, which provides in pertinent part:
"WHEREAS, this City Council has by ordinance repealed Sections 7.123-7.128 of the City Code which prescribed certain procedures for the formal recognition of exclusive bargaining units of City employees and provided for formal collective negotiations; and
WHEREAS, the City Council believes that no new collective negotiations with new bargaining units of employees is necessary, desirable, or in the best interests of the City especially when consideration is given to the costs and expense in dollars, effort and management loss of productivity;
NOW, THEREFORE, BE IT RESOLVED THAT:
1) The City of Naperville will no longer formally recognize new exclusive employee bargaining representatives. Previously recognized bargaining representatives will continue to be recognized for already established and defined bargaining units." Naperville, Ill., Resolution 77-3 (Jan. 18, 1977).
Three days later, on January 21, 1977, the City and the Union entered into an agreement concerning, among other things, rates of pay, hours of employment and other conditions of employment. Article XXIII thereof provided that the agreement would be effective as of May 1, 1976, and would ...