Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

International Association of Firefighters Local 49 v. City of Bloomington

Court of Appeals of Illinois, Fourth District

July 1, 2016

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 49, Plaintiff-Appellant,
v.
THE CITY OF BLOOMINGTON, Defendant-Appellee.

          Rule 23 order filed April 27, 2016

          Rule 23 order withdrawn July 1, 2016

         Appeal from the Circuit Court of McLean County, No. 14-MR-111; the Hon. Paul G. Lawrence, Judge, presiding.

         Affirmed.

          Shane M. Voyles (argued), of Springfield, for appellant.

          James J. Powers (argued), of Clark Baird Smith LLP, of Rosemont, for appellee.

          Panel JUSTICE STEIGMANN delivered the judgment of the court, with opinion. Presiding Justice Knecht and Justice Holder White concurred in the judgment and opinion.

          OPINION

          STEIGMANN JUSTICE.

         ¶ 1 In 2012, plaintiff, International Association of Firefighters Local 49 (Union), and defendant, the City of Bloomington (City), began renegotiating their collective bargaining agreement. During negotiations, the parties were unable to agree on the extent to which the City would continue to pay retiring Union members for their unused sick leave. Unable to resolve that dispute, the parties referred the issue to mandatory arbitration. In November 2013, the arbitrator entered a written order adopting the City's final proposal. The Union petitioned for review of the arbitrator's decision in the circuit court. Both parties filed motions for summary judgment.

         ¶ 2 In June 2015, the circuit court entered a written order granting the City's motion for summary judgment and denying the Union's. In addition, the court denied the Union's motion for an award of statutory interest.

         ¶ 3 This appeal by the Union followed. We affirm.

         ¶ 4 I. BACKGROUND

         ¶ 5 A. The Parties' Prior Collective Bargaining Agreements and the "Buyback" Provision

         ¶ 6 The Union represents the approximately 103 members of the City's fire department. In 2012, the parties began renegotiating their collective bargaining agreement, which was set to expire on April 30, 2012. While negotiating a new collective bargaining agreement, the parties agreed on all issues except for the extent to which the City would continue to compensate retiring Union members for their unused sick leave.

         ¶ 7 Since 1992, the parties' various collective bargaining agreements included a sick leave "buyback" provision, pursuant to which the City would compensate retiring firefighters for unused sick leave time. That is, the City would pay each retiring Union member an applicable hourly rate for any unused sick leave that the Union member had accumulated while working as a City firefighter. The bargaining agreement applicable from 2009 to 2012 allowed Union members to receive payment from the City for 100% of their unused sick leave, up to a maximum of 1, 800 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.