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12/08/89 American Federation of v. the State of Illinois

December 8, 1989

EMPLOYEES , AFL-CIO, PLAINTIFF-APPELLANT

v.

THE STATE OF ILLINOIS, DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS-APPELLEES. -- AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL

31, AFL-CIO, PETITIONER-APPELLANT

v.

THE ILLINOIS STATE LABOR RELATIONS BOARD ET AL., RESPONDENTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL

Nos. 1-86-2988, 1-87-1392 cons.

548 N.E.2d 592, 192 Ill. App. 3d 108, 139 Ill. Dec. 207 1989.IL.1915

Appeal from the Circuit Court of Cook County; the Hon. Charles E. Freeman, Judge, presiding, and Petition for review of order of Illinois State Labor Relations Board.

APPELLATE Judges:

JUSTICE COCCIA* delivered the opinion of the court. LORENZ and PINCHAM, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE COCCIA

These consolidated appeals arise under the Illinois Public Labor Relations Act (Ill. Rev. Stat. 1985, ch. 48, par. 1601 et seq.). In No. 86-2988, the American Federation of State, County and Municipal Employees (union) appeals from an order entered by the circuit court, vacating an arbitration award entered in favor of one of its members. In No. 87-1392, the same union appeals from the dismissal of an unfair labor practice claim it filed with the Illinois State Labor Relations Board, charging certain employers with failing and refusing to comply with several arbitration awards, including the award at issue in No. 86-2988. We have concluded that appeal No. 86-2988 must be dismissed, as it was not taken from a final order; we affirm appeal No. 87-1392 on the merits. Each case shall be discussed separately.

NO. 86 -- 2988

On March 17, 1986, the union filed an application to confirm an arbitration award in the circuit court. The union named the State of Illinois, Department of Corrections, and its Director, Michael P. Lane, as defendants, along with the Department of Central Management Services, and its Director, Michael F. Tristano. The Union alleged that defendants employed Ralph Hrobowski, one of its members, in the position of parole officer. Defendants suspended Hrobowski without pay on June 9, 1985. The union filed a grievance, protesting that defendants terminated him without just cause.

The union also averred that this dispute was ultimately submitted to arbitration, as contemplated by the collective bargaining agreement in effect between it and defendants. On February 12, 1986, the arbitrator ruled that defendants had discharged Hrobowski without just cause. The arbitrator ordered defendants to reinstate Hrobowski and to make him whole by paying all wages he would have earned had defendants not discharged him.

The union further asserted that defendants refused to comply with the terms of the arbitration award. Pursuant to the IPLRA and the Illinois Uniform Arbitration Act (Ill. Rev. Stat. 1985, ch. 10, par. 101 et seq.), the union requested that the circuit court direct defendants to comply with the award.

In response, defendants moved to vacate the arbitration award. They stated that Hrobowski was discharged for heroin possession, contrary to the criminal law of this State as well as the rules of the Department of Corrections. The arbitrator had granted the union's motion to suppress all evidence regarding Hrobowski's heroin possession, on the basis of the exclusionary rule. That evidence had also been excluded in an earlier criminal action against Hrobowski, the trial court ruling that it had been seized in violation of the fourth and fourteenth amendments to the Constitution of the United States. After the evidence of Hrobowski's heroin possession was suppressed in the criminal case, the State's Attorney declined to prosecute him.

In their motion to vacate, defendants argued that the arbitrator's decision to apply the exclusionary rule outside the realm of criminal law violated public policy. The circuit court denied defendants' motion, but they moved to reconsider that ruling. Subsequently, the circuit court granted their motion to reconsider and vacated the arbitration award. The circuit court decided that the exclusionary rule was incorrectly applied in the arbitration proceeding and that the award violated public policy. The circuit court remanded the matter for a hearing consistent with its decision. Moreover, the circuit court made a finding, under Illinois ...


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