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Metropolitan Alliance of Police v. Illinois Labor Relations Board

Court of Appeals of Illinois, Third District

November 8, 2013

METROPOLITAN ALLIANCE OF POLICE, RIVER VALLEY DETENTION CENTER, CHAPTER 228, Petitioner,
v.
ILLINOIS LABOR RELATIONS BOARD; RIVER VALLEY JUVENILE DETENTION CENTER; and GERALD KINNEY, Chief Judge of the Twelfth Judicial Circuit, Respondents.

Held [*]

The dismissal of the unfair labor practice charge filed by employees of a juvenile detention center based on the rejection of their request for interest arbitration in the labor negotiations arising from their attempt to replace their existing collective bargaining agreement was upheld on appeal, since the employees worked at a juvenile detention center, not a correctional facility, they were not security employees, they were not entitled to interest arbitration, and the rejection of their request for interest arbitration was not an unfair labor practice.

Petition for review of order of Illinois Labor Relations Board, State Panel, No. S-CA-11-055.

Joseph R. Mazzone (argued), of Joliet, for petitioner.

Lisa Madigan, Attorney General, of Chicago (Valerie Quinn (argued) and Evan Siegal, Assistant Attorneys General, of counsel), for respondent Illinois Labor Relations Board.

Amber L. Stefankiewicz and Mark W. Bennett (argued), both of Laner Muchin Dombrow Becker Levin & Tominberg, of Chicago, for respondent Gerald Kinney.

Justices Carter and McDade concurred in the judgment and opinion.

OPINION

O'BRIEN, JUSTICE

¶1 Petitioner Metropolitan Alliance of Police, River Valley Detention Center, Chapter 228 (MAP), brought this petition for review of the dismissal of its unfair labor practice charge against respondents, the Illinois Labor Relations Board (ILRB), the River Valley Juvenile Detention Center (Center) and Gerald Kinney, Chief Judge of the Twelfth Judicial Circuit, by an ILRB administrative law judge (ALJ), and affirmance of the dismissal by the ILRB. We affirm.

¶2 FACTS

¶3 Petitioner MAP is a union comprised of employees at the detention center, including shift supervisors and nonline supervisors. The bargaining unit engaged in labor negotiations with respondent River Valley Juvenile Detention Center (RVJDC or Center) to reach a collective bargaining agreement (CBA) to replace the agreement that expired in 2009. After a failed mediation, MAP filed a demand for compulsory interest arbitration. Respondent Chief Judge Kinney rejected MAP's request for interest arbitration and MAP thereafter filed an unfair labor practice charge against the Center and Kinney. In the charge, MAP alleged that the Center and Kinney violated sections 10(a)(1) and (a)(4) of the Illinois Public Labor Relations Act. 5 ILCS 315/10(a)(1), (4) (West 2010) (unfair labor practice for an employer to interfere with union employees or activities and "to refuse to bargain collectively in good faith").

¶4 Respondent ILRB issued a complaint for hearing. The Center and Kinney answered the complaint and denied that the employees were "security employees" entitled to interest arbitration. Both parties filed prehearing memoranda and submitted a joint statement of uncontested facts. The uncontested facts are as follows. The Center is a public employer; MAP is a labor organization; MAP is the exclusive representative of the shift and nonline supervisors at RVJDC; the MAP unit was certified in 2005; the parties' CBA expired in November 2009; the parties have been negotiating a successor agreement since November 2009; MAP filed a demand for compulsory interest arbitration in September 2010; and Kinney refused the arbitration request on the basis that the bargaining unit was not entitled to interest arbitration.

¶5 A hearing took place before the administrative law judge. MAP elected to stand on its documentary evidence consisting of its brief and exhibits. The exhibits included, in part, employee job descriptions; offense and detention statistics; various forms, brochures, handbooks, policy manuals and website content from the Center; information regarding the Will County adult detention facility; and juvenile corrections and detention standards. The statistics revealed that the average population of the Center was 54 juveniles, with an average stay of 23 days, according to a fiscal year 2009-10 report. In 2010, the average daily population was 44, with 711 admissions. In the period from January 2009 to June 2011, juveniles were detained in a range from 763 days for a first degree murder charge to 1 day for a contempt of court charge.

¶6 Thaddeus Zito testified for the Center and Kinney. He is the assistant superintendent of the Center and employed by the chief judge of the Twelfth Judicial Circuit. The Center is under the auspices of the Illinois Department of Juvenile Justice (IDJJ) and is not governed by the Illinois Department of Corrections (IDOC). In 2006, the IDOC Juvenile Division was abolished and the IDJJ was created. 730 ILCS 5/3-2.5-1 et seq. (West 2010). The Center still uses the IDOC standards because new ones have not been implemented for the IDJJ but the residents are not in IDOC custody. The Center houses both males and females, generally ages 10 to 16, with some limited statutory age exceptions. There are two ways residents are detained at the Center. The first way is from a referral by an arresting officer or department. The juveniles are evaluated by Center staff who determine whether they should be admitted. If approved for admittance, the juvenile is thereafter given a detention hearing where the trial court ...


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