DEPT. OF CENT. MANAGEMENT v. LABOR REL. BD.

Nos. 4-05-0276, 4-05-0277.

848 N.E.2d 118 (2006)

364 Ill. App.3d 1028

302 Ill.Dec. 118

The STATE of Illinois, DEPARTMENT OF CENTRAL MANAGEMENT SERVICES (Department of Corrections), Petitioner-Appellant, v. The STATE of Illinois, Illinois LABOR RELATIONS BOARD, STATE PANEL; Jackie Gallagher, Michael Hade, Charles Hernandez, Rex Piper, and Letitia Taylor, the Members of said Board and Panel in their Official Capacity Only; The American Federation of State, County and Municipal Employees, Council 31; and David R. Suarez, Respondents-Appellees. The State of Illinois, Department of Central Management Services (Department of Corrections), Petitioner-Appellant, v. The State of Illinois, Illinois Labor Relations Board, State Panel; Jackie Gallagher, Michael Hade, Charles Hernandez, Rex Piper, and Letitia Taylor, the Members of said Board and Panel in their Official Capacity Only; The American Federation of State, County and Municipal Employees, Council 31; Jennifer Ronzone; Karen Downey; and Shari Moos-McBride, Respondents-Appellees.

Appellate Court of Illinois, Fourth District.

Decided April 12, 2006.


Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Joseph M. Gagliardo, Lawrence Jay Weiner (argued), Joshua A. Dombrow, Special Assistant Attorneys General, Chicago, for Department of Central Management Services in Nos. 4-05-0276, 4-05-0277.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Paul Racette, Assistant Attorney General (argued), Jacalyn J. Zimmerman, General Counsel, Illinois State Labor Relations Bd., Chicago, for Illinois Labor Relations Board, State Panel in Nos. 4-05-0276, 4-05-0277.

David R. Suarez, Springfield, pro se in No. 4-05-0276.

Jennifer Ronzone, Mason City, pro se in No. 4-05-0277.

Karen Downey, Springfield, pro se in No. 4-05-0277.

Shari Moos-McBride, Sherman, pro se in No. 4-05-0277.


Justice STEIGMANN delivered the opinion of the court:

In February 2005, the Illinois Labor Relations Board, State Panel (Board), dismissed the jointly stipulated bargaining-unit-clarification petitions of the Illinois Department of Central Management Services (CMS) and the American Federation of State, County, and Municipal Employees (AFSCME), which sought to exclude (1) David Suarez from the office of collective bargaining (OCB) RC-063 bargaining unit (case No. 4...

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