Petition from the Illinois State Labor Relations Board
Rehearing Denied July 21, 1994. The Name of this Case has been Corrected August 29, 1994. Released for Publication September 13, 1994. Petition for Leave to Appeal Denied October 6, 1994.
The opinion of the court was delivered by: Cahill
JUSTICE CAHILL delivered the opinion of the court:
The Village of Franklin Park, Illinois (the Village) and the International Association of Firefighters, Local 1526 (the Union) appeal a decision of the Illinois Labor Relations Board (the Board). The Village seeks reversal of a part of the Board's order that found the Village committed an unfair labor practice when it refused to bargain over certain Union proposals for promotions to the rank of lieutenant. The Union seeks reversal of a part of the Board's order that found the Village did not commit an unfair labor practice when: it refused to bargain over other Union proposals for promotion to lieutenant; it refused to bargain over proposals for promotion tocaptain; it refused to produce information about promotions. We affirm.
The Union is the exclusive bargaining agent for firefighters in the Village of Franklin Park, except the chief and captains. The Village has less than 25,000 residents and is not a home rule unit under section 6 of article VII of the Illinois Constitution. (Ill. Const. 1970, art. VII, § 6.) Local governments without home rule authority exercise limited powers under the Constitution and the laws of the State. (Ill. Const. 1970, art. VII, § 7.) A Village such as Franklin Park must comply with the Illinois Municipal Code (The Code) (Ill. Rev. Stat. 1989, ch. 24, par. 10-2.1-1 et seq.). The president of the Village appoints members to the Board of Fire and Police Commissioners (the BFPC). The BFPC gives entrance and promotion exams and sets promotion criteria for firefighters under rules and regulations adopted by the BFPC and approved by the Village trustees. Ill. Rev. Stat. 1989, ch. 24, par. 10-2.1-5.
The Village and the Union began negotiations in February 1990 on a bargaining agreement for the years 1990 through 1992. The Union submitted a proposal for promotions. The parts of the proposal under review read:
"A. * * * Eligibility for promotion to the positions of Lieutenant and Captains shall be based on:
1. Written Examination. . . . . . . . . 60%
2. Oral Examination . . . . . . . . . . 10%
3. Merit and Efficiency . . . . . . . . 10%
4. Seniority (2% per year max. 10 years) 20%
TOTAL. . . . . . . . . . . . . . . . . 100%
B. The Oral Examination shall be given by a mutually agreed panel from an outside source. Questions shall be in keeping with knowledge and requirements for the rank considered and coincide with the guidelines set in Appendix D.
C. The Written Examination shall be given by a reputable testing agency which is mutually agreed upon.
D. The Merit and Efficiency ratings shall also coincide with the guidelines in Appendix D.
E. Promotions shall be made in rank order from the top of the promotion standing list.
F. All scores from each section of the testing process ...