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Chicago Joint Board, Local 200, Retail v. Illinois Labor Relations Board

June 22, 2011


Petition for Review from the Illinois Labor Relations Board, Local Panel No. L CB 06 035

The opinion of the court was delivered by: Justice Murphy

JUSTICE MURPHY delivered the judgment of the court, with opinion.

Presiding Justice Quinn and Justice Neville concurred in the judgment and opinion.


Chicago Joint Board, Local 200, Retail, Wholesale and Department Store Union (Local 200), appeals from an order of the Illinois Labor Relations Board, Local Panel (Board), in which it determined that Local 200 committed an unfair labor practice. Local 200 contends that the Board lacked jurisdiction because the unfair labor practice charge was not timely filed, that the evidence does not support the Board's determination that it committed an unfair labor practice, and that the charging parties, Carmelthia Otis, Delcina Rosado, Christiana Oheari-Enyeazu, Marshall Berry, Gabriel Nwandu, Britten McBride, Ashok Gandhi, Lindon Hampton, Dhirajlal Jagatia, Synthia Miller, Boniface Nwanesi, and Hayan Rgval, lack standing. For the reasons that 1-10-1497 follow, we affirm.


At all relevant times, Local 200 was the exclusive representative for all pharmacists at Provident Hospital (Provident), John H. Stroger, Jr., Hospital of Cook County (Stroger), and a number of other facilities that were overseen by the Cook County bureau of health services (County). On June 9, 2000, George Leonard, a pharmacist at Stroger and the president of Local 200, filed a grievance with Provident, in which he alleged that the deputy director for professional affairs at Provident violated the contract between Local 200 and Provident by allowing employees of an independent management group, McKesson, Inc. (McKesson), to perform work formerly performed by members of Local 200.

The matter proceeded to arbitration, and on October 31, 2003, the arbitrator entered an award in favor of Local 200 requiring Provident to "cease and desist from having persons other than Local 200 Pharmacists do pharmacy work at Provident Hospital without prior notice to and negotiations with [Local 200], and to make affected employees whole." In doing so, the arbitrator found that McKesson employees had been performing Local 200 work from June 2000 to the present. The arbitrator directed the parties "to meet and confer over the scope and amount of the remedy" and retained jurisdiction over the dispute until the scope and amount of the remedy were determined.

On September 16, 2005, the County and Local 200 entered into a consent order which provided that the County would pay those employees affected by its violation of its collective bargaining agreement with Local 200 a total not to exceed $375,000 no later than March 19, 1-10-1497 2006. Attached to the consent order was a list of the names of the 14 employees found to have been harmed by the County's actions and the amount each affected employee was to receive.

On March 28, 2006, the charging parties filed a charge against Local 200, and the Board investigated the charge and issued a complaint for hearing. The charging parties asserted that Leonard was solely responsible for determining which employees would receive a portion of the arbitration award and for calculating the amount that each employee would receive and alleged that Local 200 violated section 10(b)(1) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/10(b)(1) (West 2004)) because Leonard manipulated the distribution of the award to benefit himself and his co-workers at Stroger to the detriment of Provident employees. The charging parties requested the Board provide any and all appropriate relief in accordance with section 11(c) of the Act (5 ILCS 315/11(c) (West 2004)).

Board administrative law judge (ALJ) Sharon Wells conducted a hearing on the matter at which Delcina Rosado, a pharmacist at Provident and a Local 200 member, testified that she was the person who informed Leonard that McKesson employees were doing union work in 2000 and that she testified at the arbitration hearing on the ensuing grievance. After the arbitrator ruled in favor of Local 200, Rosado questioned Leonard regarding the status of proceedings and the monetary award every couple months, and he would say "[i]t's proceeding okay. It takes time. It's going well." Rosado was not asked to participate in a settlement hearing as to the arbitration award and first saw the consent order in March 2006. Neither Leonard nor anyone from Local 200 asked Rosado for information regarding the overtime she may have lost, and she did not submit any such information to the union.

Rosado also testified that at some point she and other pharmacists at Provident supported and voted for Joseph Arrington, who ran against Leonard for Local 200 president and that Leonard would have known that they had supported Arrington because the election was by an open ballot. The Provident pharmacists also complained to Leonard about the 2002-03 contract he had negotiated and forced a revote on the contract.

Britten McBride, a pharmacist at Provident and a Local 200 steward, testified that he made a complaint to Provident administration that a number of Stroger pharmacists were working overtime at Provident without supervision and that his complaint resulted in a temporary revocation of overtime opportunities for Stroger pharmacists.

Carmelthia Otis, a pharmacist at Provident and a Local 200 steward, testified that shortly after the arbitration hearing had ended, Leonard told her that the union had won and asked her, Hilliard Moore, Denise Davis, and Ashok Gandhi for their W-2 forms so he could see how much overtime they had worked from 1999 through 2004 and determine how to divide the arbitration award. Leonard did not ask Otis to provide any information beyond her W-2 form. Otis later learned that she was not going to receive any portion of the arbitration award and that only 2 of the 12 pharmacists who worked at Provident at the time received money from the award.

Otis also testified that she supported and voted for Arrington when he ran against Leonard in an election for Local 200 president in 2001 or 2002. Around that same time, Otis opposed a contract negotiated by the union because she believed it benefitted the pharmacists at Stroger, but not those at the other facilities represented by Local 200, and ...

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