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City of Naperville v. Illinois Fraternal Order of Police, Lbor Council

Court of Appeals of Illinois, Second District

September 24, 2013

THE CITY OF NAPERVILLE, Plaintiff-Appellant,
v.
THE ILLINOIS FRATERNAL ORDER OF POLICE, LABOR COUNCIL, F.O.P. LODGE NO. 42, Defendant-Appellee.

Held [*]

Appeal from the Circuit Court of Du Page County, No. 12-MR-226; the Review Hon. Bonnie M. Wheaton, Judge, presiding. Judgment Reversed.

Margo L. Ely, City Attorney, and Mark Antonio Scarlato, Assistant City Attorney, both of Naperville, for appellant.

Jeffery Burke, of Illinois Fraternal Order of Police, Labor Council, of Western Springs, for appellee.

Panel JUSTICE SCHOSTOK delivered the judgment of the court, with opinion.

Justices Hudson and Birkett concurred in the judgment and opinion.

OPINION

SCHOSTOK, JUSTICE

¶ 1 The instant controversy arises from a dispute between the City of Naperville (the City)

and the Illinois Fraternal Order of Police, Labor Council, F.O.P. Lodge No. 42 (the Lodge), as to whether the parties' collective bargaining agreement (CBA) governed a situation where the City refused to hire a member of the Lodge to operate a snowplow while he was off duty. An arbitrator found that the CBA governed the parties' dispute, and the circuit court of Du Page County affirmed that decision. The City appeals from that order. We reverse.

¶ 2 BACKGROUND

¶ 3 The City is a municipal corporation and home rule unit of government that employs approximately 131 police officers. The Lodge is the sole and exclusive collective bargaining representative for the Naperville police officers. The City and the Lodge entered into a CBA. The provisions of the CBA pertinent to this appeal are:

"Section 4.1
Except as specifically limited by the express provisions of this Agreement, the City retains all traditional rights to manage and direct affairs of the Police Department in all of its various aspects and to manage and direct its employees, including but not limited to the following: To plan, direct, control and determine the budget and all the operations, services and missions of the Police ...

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