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ILLINOIS LANDSCAPE v. DEPARTMENT OF LABOR

No. 2-06-0394.

866 N.E.2d 592 (2007)

ILLINOIS LANDSCAPE CONTRACTORS ASSOCIATION, Plaintiff-Appellant, v. The DEPARTMENT OF LABOR, Art Ludwig, as Director of the Department of Labor, The Construction and General Laborers' District Council of Chicago and Vicinity and its Affiliated Local Unions, James P. Connolly and Frank Riley, as Officers of the Construction and General Laborers' District Council of Chicago and Vicinity, and Omar Contreras, as a Member of the Construction and General Laborers' District Council of Chicago and Vicinity, Defendants-Appellees.

Appellate Court of Illinois, Second District.

March 28, 2007.

Attorney(s) appearing for the Case

Donald J. McNeil, Douglas M. Oldham, Barnes & Thornburg LLP, Chicago, for The Illinois Landscape Contractors Association.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Timothy K. McPike, Assistant Attorney General, Chicago, for the Illinois Department of Labor and Art Ludwig, Director of Labor.

Robert E. Bloch, Robert S. Cervone, Ronald M. Willis, Chicago, for James P. Connolly, Omar Contreras, Frank Riley and The Construction & General Laborers' District Council of Chicago.

Justice BOWMAN delivered the opinion of the court:

On July 8, 2004, plaintiff, the Illinois Landscape Contractors Association (ILCA), petitioned defendant, the Department of Labor (DOL), to create a new job classification for landscape workers pursuant to the Prevailing Wage Act (820 ILCS 130/1 et seq. (West 2004)). Presently, landscape workers are included in the laborer classification. After a hearing in March 2005, the administrative law judge (the ALJ)...

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