APPEAL from the Circuit Court of Winnebago County; the Hon.
ROBERT C. GILL, Judge, presiding.
MR. JUSTICE HOPF DELIVERED THE OPINION OF THE COURT:
Rehearing denied November 23, 1981.
Petitioner appeals from a dismissal of his petition for a writ of certiorari. He had been denied a hearing on the merits of a grievance he had brought before the State Director of Personnel and in his petition prayed that the court rule illegal the rules and regulations which form the grounds of the denial and order the Director of Personnel to consider his grievance on the merits.
Petitioner is a highway maintenance equipment operator employed by the Illinois Department of Transportation. He was suspended from work for three days without pay for insubordination and abusiveness to a superior. He brought a grievance against the Department of Transportation protesting the suspension and an unfavorable performance evaluation. At each step of the grievance procedure his case was denied consideration because he insisted upon being represented by private counsel. Petitioner was informed that as he was represented by a collective bargaining agent, the Illinois Conference of Teamsters, he was required by the rules of the State Department of Personnel and the collective bargaining agreement to be accompanied or represented by the exclusive bargaining representative. If he refused to abide by these rules he would not be heard. Following the last stage of the grievance procedure, in which the State Director of Personnel denied him a hearing because of his insistence in being represented by private counsel, petitioner petitioned the circuit court for a writ of certiorari.
The trial court granted his petition, ordering the Department of Personnel to bring before it the record of proceedings below in order that it might consider petitioner's argument. Respondent moved to quash the writ.
The court thereupon quashed the writ, making the following findings:
"1. The respondents have not acted without jurisdiction to act.
2. The respondents have not exceeded their jurisdiction.
3. The respondents have not acted illegally.
4. The petitioner has failed to follow accepted procedures for obtaining a hearing on his grievances and, in effect, has caused the lack of a hearing.
5. The granting of the Writ of Certiorari is not necessary to prevent substantial injury to petitioner.
6. The granting of said Writ would cause great inconvenience to respondents.
7. The subject matter is not a proper one for the issuance of the ...