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.

04/14/88 Du Page Area Vocational v. State of Illinois

April 14, 1988

DU PAGE AREA VOCATIONAL EDUCATION AUTHORITY, PETITIONER

v.

STATE OF ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD ET AL., RESPONDENTS



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

522 N.E.2d 292, 167 Ill. App. 3d 927, 118 Ill. Dec. 837 1988.IL.540

Petition for review of order of Illinois Educational Labor Relations Board.

APPELLATE Judges:

JUSTICE LUND delivered the opinion of the court. GREEN, P.J., and KNECHT, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND

The Education Association , IEA/NEA (association), filed an amended petition for representation pursuant to section 7(c) of the Illinois Educational Labor Relations Act (Act) (Ill. Rev. Stat. 1985, ch. 48, par. 1707(c)), seeking to add certain nonprofessional employees to the existing bargaining unit it represented. The employer and petitioner in this cause, the Du Page Area Vocational Education Authority, filed objections to the substance and procedure of the election process. The Illinois Educational Labor Relations Board (Board) entered an order on April 30, 1987 (Du Page Area Vocational Educational Authority, 3 Pub. Employee Rep. (Ill.) par. 1050, case No. 86-RC-0021-C (Illinois Educational Labor Relations Board, April 30, 1987)), which dismissed the school district's objections and ordered an election to proceed according to the authority of the Act. (Ill. Rev. Stat. 1985, ch. 48, par. 1701 et seq.) Following the election and the resulting certification of the association as the bargaining representative of the nonprofessional employees, the employer filed the instant petition for administrative review.

Initially, we set forth the proceedings following the April 30, 1987, order. (Du Page Area Vocational Educational Authority, 3 Pub. Employee Rep. (Ill.) par. 1050, case No. 86-RC-0021-C (Illinois Educational Labor Relations Board, April 30, 1987).) The employer moved for a stay of the election, or in the alternative, for impoundment of the ballots. On May 27, 1987, the employer filed a petition for court review of the April 30, 1987, order of the Board. (Du Page Area Vocational Educational Authority, 3 Pub. Employee Rep. (Ill.) par. 1050, case No. 86-RC-0021-C (Illinois Educational Labor Relations Board, April 30, 1987).) The employer's motion for a stay before the Board was denied on June 9, 1987. (Du Page Area Vocational Education Authority, 3 Pub. Employee Rep. (Ill.) par. 1080, case No. 86-RC-0021-C (Illinois Educational Labor Relations Board, June 9, 1987).) The Board determined that there was no final agency action in the representation process encompassed in sections 7 and 8 of the Act (Ill. Rev. Stat. 1985, ch. 48, pars. 1707, 1708) until the results of an election have been certified by the Board. On June 25, 1987, the employer's appeal to this court for review of the Board's April 30, 1987, order was voluntarily dismissed on the employer's motion without a decision on the merits.

The legislature recently amended section 7 of the Act (Pub. Act. 85-924, eff. July 1, 1988 (amending Ill. Rev. Stat. 1985, ch. 48, par. 1707)). The amendment clarifies what is a final order with respect to a petition for representation. We note the procedure described by the Board in its order of June 9, 1987, agrees with the legislative amendment. (Du Page Area Vocational Education Authority, 3 Pub. Employee Rep. (Ill.) par. 1080, case No. 86-RC-0021-C (Illinois Educational Labor Relations Board, June 9, 1987).) See also Board of Regents v. Illinois Educational Labor Relations Board (1988), 166 Ill. App. 3d 730.

The election was held on June 12, 1987. The election results, as indicated by the official tally, showed 22 eligible voters, 17 valid ballots, 10 votes "for inclusion in a bargaining unit that includes both professional and nonprofessional employees," and 7 votes "cast against inclusion in a bargaining unit that includes both professional and nonprofessional employees." On June 19, 1987, the employer filed objections to the election alleging improper conduct on the part of the association. The objections were overruled on July 2, 1987 (Du Page Area Education Authority, 3 Pub. Employee Rep. (Ill.) par. 1087, case No. 86-RC-0021-C (Illinois Educational Labor Relations Board, Executive Director, July 2, 1987)), and the Board's Executive Director certified the results on July 14, 1987, pursuant to section 8 of the Act (Ill. Rev. Stat. 1985, ch. 48, par. 1708). This petition for review followed.

The arguments raised deal with the matters decided by the Board in its April 30, 1987, order (Du Page Area Vocational Educational Authority, 3 Pub. Employee Rep. (Ill.) par. 1050, case No. 86-RC-0021-C (Illinois Educational Labor Relations Board, April 30, 1987)) which determined that the proposed bargaining unit was an appropriate one under section 7 of the Act (Ill. Rev. Stat. 1985, ch. 48, par. 1707), and with the election as conducted.

The employer alleges six reasons why this court should reverse the Board's determination and set aside the election and the Board's certification. The reasons are as follows: (1) the petition for representation failed to allege on its face that the bargaining unit includes both professional and nonprofessional employees; (2) the Board's finding that the bargaining unit is appropriate is against the manifest weight of the evidence; (3) no authority exists under the Act for the self-determination election sought by the employer and ordered by the Board; (4) the petition should have been dismissed because it was not supported by a 30% showing of interest in the proposed unit; (5) the professionals in the existing unit should have been given the opportunity to vote on inclusion in a unit of professionals and nonprofessionals; and (6) the hearing officer failed to timely issue a recommended decision and order.

For purposes of this opinion, we will be referring to three groups of employees. One group is composed of employees in positions within a recognized, existing bargaining unit (see Ill. Rev. Stat. 1985, ch. 48, par. 1702(d)), consisting of 36 certified teachers, as well as 11 teachers' aides and 3 technicians. (Du Page Area Vocational Educational Authority, 3 Pub. Employee Rep. (Ill.) par. 1050, at VII-143 n.1, case No. 86-RC-0021-C (Illinois Educational Labor Relations Board, April 30, 1987).) The professional group came into being in 1982. Prior to 1982, no official organization represented the employees of the employer. In 1982, an election was held among the full-time teaching professionals and specified nonprofessionals involved directly in the education process-regular part-time teachers, teachers' aides, and technicians. A majority of both subgroups voted for the association to be their bargaining representative. Since 1982, the association has been the exclusive bargaining representative of this professional group. No other elections were held until the 1987 contested election.

The second group, sought by the petition and included in the contested election, is composed of entirely nonprofessionals, including clerical, custodial, and other support employees. The third group includes those properly excluded from a bargaining unit, i.e., employees basically concerned with administration. This third group is not affected by the contested election or prior elections. There are approximately 50 people in the existing bargaining unit and approximately 22 people in the nonprofessional group the association sought to add. All of the employer's employees fall into one of these three groups. Therefore, if the 1987 election is valid, then the association will represent all of the employer's employees, except those properly excluded, in one "wall-to-wall" bargaining unit.

The amended petition filed February 18, 1986, was a completed one-page form prepared by the Board. The association included an attachment, which provided:

"The Association seeks a self-determination election solely among those holding positions which will be added to the existing unit if the Association prevails. The voting group should include all DAVEA employees except full-time and regularly employed part-time certificated teaching personnel, teacher aides and technicians (who are already represented within the existing unit) and those employees described below as 'Excluded.'

Proposed unit

Included: All DAVEA employees except those specifically excluded.

Excluded: Director, Assistant Director, Business Manager, Auditor of Accounts, Division Managers, Executive Secretary to the Director, Executive Secretary to the Auditor of Accounts, Building and Grounds Supervisor, Public Information/Relations ...


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.