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International Brotherhood of Teamsters Local 700 v. The Illinois Labor Relations Board

Court of Appeals of Illinois, First District, First Division

February 21, 2017

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 700, Petitioner-Appellant,
v.
THE ILLINOIS LABOR RELATIONS BOARD, LOCAL PANEL, THE COUNTY OF COOK, and SHERIFF OF COOK COUNTY, as Joint Employers, and ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL, Respondents (Illinois Labor Relations Board, Local Panel, County of Cook, and Sheriff of Cook County, as Joint Employers, Respondents-Appellees).

         Petition for Review of an Order of the Illinois Labor Relations Board Local Panel Case No. L-CA-13-055

          PRESIDING JUSTICE CONNORS delivered the judgment of the court, with opinion. Justices Harris and Mikva concurred in the judgment and opinion.

          OPINION

          CONNORS PRESIDING JUSTICE.

         ¶ 1 Petitioner, the International Brotherhood of Teamsters, Local 700 (Union), appeals from a decision and order of the Illinois Labor Relations Board, Local Panel, that upheld two general orders issued by respondents, the County of Cook and the Sheriff of Cook County. In relevant part, the first general order-known as the Gang Order-prohibits employees from associating with anyone the employee knew or should have known is or was in a gang and requires employees to complete a disclosure form about gang affiliations. The second general order- known as the Rules of Conduct Order-provides in part that the rules for on- and off-duty conduct extend to social media and networking sites. On appeal, the Union contends that the Gang Order was a subject of mandatory bargaining and the social media policy in the Rules of Conduct Order is overbroad under section 10(a)(1) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/10(a)(1) (West 2012)). We reverse the Board's decision as to the Gang Order and affirm the Board's decision as to the Rules of Conduct Order.

         ¶ 2 I. BACKGROUND

         ¶ 3 During the relevant time period, the Union was the exclusive representative of the Correctional Officers, Deputy Sheriffs, and Fugitive Investigators bargaining units.[1] The Gang Order and Rules of Conduct Order, which applied to employees of the Cook County Sheriff's Office (CCSO), were issued on January 18, 2013, and had effective dates of January 25, 2013. The Gang Order (order number 11.2.21.0) has eight sections that are marked with roman numerals. Sections I-IV are not directly at issue, but parts of those sections provide helpful background. In relevant part, section II states that "[c]riminal organizations and street gangs pose a substantial threat to the public and directly impede the efforts of the CCSO to provide for public safety." Section III provides in part that "[a]ny violation of this order may result in denial of access to the CCSO; disciplinary action up to and including termination; and/or criminal charges where applicable." Beginning with section V, the Gang Order states:

         "V. DEFINITIONS

A. Known Criminal Organization-A group of persons (such as a street gang) who form an allegiance for a common purpose, who engage in criminal activity, and who conform to one or more of the following traits:
1. Share a common group name.
2. Share common symbols, tattoos, or graffiti.
3. Share a common style of dress.
4. Frequently congregate upon, or lay claim to, a geographic location.
5. Associate together on a regular or continuous basis.
B. Known Criminal Organization Member-Any person who has adopted, connected, associated, participated, affiliated with, or been a member of any known criminal organization.
C. Family Relationship-For the purpose of this order, Family Relationship shall include: spouse, parents, children, stepchildren, siblings; other persons related by blood or by present or prior marriage; legal guardians/wards; persons who share or formerly shared a common dwelling; persons who have or allegedly have a child in common; persons who share or allegedly share a blood relationship through a child; persons who have or have had a dating or engagement relationship; relationships with personal assistants and/or caregivers, personally or for any other family member or relationship.
D. Association-A coming together and social interaction between individuals.

         VI. PROHIBITIONS

         The following activities are specifically prohibited by this order:

A. Membership in any Known Criminal Organization identified by the Sheriff's Office Intelligence Center (SOIC) as a criminal organization.
B. Association with any member of a Known Criminal Organization provided that:
1. The employee knew or should have known that the person with whom the employee associates is or was a member of a Known Criminal Organization; or
2. The employee has previous been ordered by the CCSO to cease associating with a person(s) identified by SOIC as a member of a Known Criminal Organization.

         VII. RESPONSIBILITIES

A. CCSO employees shall:
1. Not be members of Known Criminal Organizations.
2. Not associate with Known Criminal Organization Members.

         VIII. KNOWN CRIMINAL ORGANIZATION/GANG MEMBERSHIP DISCLOSURE

A. All CCSO employees and any individuals allowed access to CCSO facilities *** must fully complete the Known Criminal Organization/Gang Membership Disclosure Form and disclose:
1. Any and all current or past membership; and/or
2. Family Relationships or Associations with any Known Criminal Organizations or Members.
B. Refusal to complete or falsifying information on the Disclosure shall result in:
1. Disciplinary action up to and including termination of CCSO employees.
2. Revocation of access to CCSO facilities. ***
3. Notification to the Chief Financial Officer regarding contracted employees.
4. Notification to the Executive Director of the Cook County Department of Facilities Management regarding CCDFM or CCDFM contracted employees in violation.
C. Employees shall disclose any and all relevant memberships and associations, even where such is not a violation of CCSO policy (e.g., Family Relationship). Failure to disclose a relevant membership or association is a violation of CCSO policy.
D. Responsibility of Department Head/designee:
1. Ensure all Known Criminal Organization/Gang Membership Disclosures are distributed to and completed by all CCSO employees under his/her supervision bi-annually (to begin January 2013).

         ***" (Emphasis ...


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