Court of Appeals of Illinois, First District, First Division
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 700, Petitioner-Appellant,
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).
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.
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
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. 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 126.96.36.199) 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
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
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
following activities are specifically prohibited by this
A. Membership in any Known Criminal Organization identified
by the Sheriff's Office Intelligence Center (SOIC) as a
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.
A. CCSO employees shall:
1. Not be members of Known Criminal Organizations.
2. Not associate with Known Criminal Organization Members.
KNOWN CRIMINAL ORGANIZATION/GANG MEMBERSHIP
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
2. Revocation of access to CCSO facilities. ***
3. Notification to the Chief Financial Officer regarding
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
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).