Chief Judge of Circuit Court of Cook County v. American Federation of State, County, and Mun. Employees, Council 31, AFL-CIO

• Decision Date: 16 August 1991
• Docket Number: Nos. 1-89-3422,ALF-CIO,1-90-2960,s. 1-89-3422
• Citation: 578 N.E.2d 1020,218 Ill.App.3d 682,161 Ill.Dec. 374
• Parties: , 161 Ill.Dec. 374 -Appellant, v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31,, and the Illinois State Labor Relations Board, Respondents-Appellees. Appellate Court of Illinois, First District, Sixth Division
• Court: United States Appellate Court of Illinois

Page 1020

578 N.E.2d 1020

218 Ill.App.3d 682, 161 Ill.Dec. 374

The CHIEF JUDGE OF the CIRCUIT COURT OF COOK COUNTY Petitioner-Appellant, v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31, ALF-CIO, and the Illinois State Labor Relations Board Respondents-Appellees.

Nos. 1-89-3422, 1-90-2960.

Appellate Court of Illinois First District, Sixth Division.

Aug. 16, 1991.

Margaret Kostopulos, Office of the Chief Judge of the Circuit Court of Cook County, Chicago, for petitioner-appellant.

Cornfeld and Feldman, Chicago (Jacob Pomeranz, of counsel), for respondent-appellee AFSCME.

Roland Burris, Atty. Gen., Chicago (Robert J. Ruiz, Ann Plunkett-Sheldon, of counsel), for respondent-appellee Illinois State Labor Relations Bd.

Justice LaPORTA delivered the opinion of the court:

Petitioner, the Chief Judge of the Circuit Court of Cook County, appeals from a decision and order of the Illinois State Labor Relations Board (Board) which held that certain clerical and administrative employees of the petitioner lacked confidential or supervisory status and, therefore, were not excluded from a proposed bargaining unit under the Illinois Public Labor Relations Act. Ill.Rev.Stat.1989, ch. 48, pars. 1603(c), (r).

Statement of Facts

The record indicates that on April 7, 1989, the American Federation of State, County, and Municipal Employees Council 31 (AFSCME) filed a representation/certification petition with the Illinois State Labor Relations Board seeking to represent certain clerical and administrative personnel employed by the Chief Judge of the Circuit Court of Cook County. The proposed bargaining unit consisted of 317 clerical employees assigned to the Cook County Departments of Adult Probation, Juvenile Probation, Social Casework Services, and the Psychiatric Institute. All of these departments operate directly under the authority of the Chief Judge, but they do not share a uniform organizational or management hierarchy. The three probation departments have central offices in addition to satellite offices. The Psychiatric Institute has only one location.

The Chief Judge sought to exclude 47 employees from the proposed bargaining unit on the basis that they held either supervisory or confidential status. AFSCME conceded that 7 employees should be excluded from the proposed bargaining unit.

Administrative hearings were held on the representation petition, and upon consideration of the evidence adduced, the hearing officer issued his recommended decision and direction of election which found that certain employees whose eligibility was challenged by the Chief Judge were not supervisory or confidential employees and, therefore, were to be included in the proposed bargaining unit. Thereafter, the Illinois State Labor Relations Board (Board) rejected the hearing officer's decision as to one employee, adopted the remainder of the hearing officer's recommended decision, and issued its decision and order which mandated that an election for representation be held among the employees in the proposed bargaining unit.

Although the Board ordered a representation election, its decision directed that the ballots of 11 employees be challenged. The Board remanded the case to the hearing officer to hold supplemental hearings to obtain more evidence on the confidential or supervisory status of those 11 individuals. The Chief Judge appealed this decision and order of the Board.

The election was conducted on November 9, 1989, and the ballots of the 11 specified employees were challenged. On November 20, 1989, AFSCME was certified as the exclusive representative of all employees in the unit subject to the determination of the inclusion or exclusion of the 11 specified employees.

The supplemental hearing was held in January 1990, and the hearing officer later issued his supplemental decision which determined that 9 of the 11 employees specified were neither supervisory nor confidential and should, therefore, be included in the bargaining unit. The Board adopted the supplemental decision of the hearing officer, and the Chief Judge has also appealed the Board's decision on these nine employees.

The Adult Probation Department

The Adult Probation Department is under the general direction of John Robinson, the Chief Probation Officer. Among the administrative staff are the Finance Coordinator Systems Manager, Program Director, and Personnel Director.

At the hearing, Michael Rohan, Director of Probation of Court Services, testified that the Adult Probation Department supervises approximately 28,000 adult offenders who have been convicted of various offenses and sentenced to terms of probation. The department operates with a staff of 600 employees, including 150 clerical and administrative workers. In addition to its main office, located at 2650 South California Avenue in Chicago, the department has 14 satellite offices at locations throughout Cook County.

The Chief Judge sought to exclude from the proposed bargaining unit Maureen Rafalin, Mary Grieshaber, Margaret Strocchia, Anna Plude, and Marlene O'Halleran, contending that they held confidential status.

The Chief Judge also sought to exclude Diane Nelson, Mary Parrilli, Edward Janega, Mildred Baez, Kay Daly, Yolanda DiSanto, Brenda Sharp, Carol Throw, and Irene Violente, contending that they held supervisory positions.

The Confidential Employees

Bruce Wisniewski testified that he is the Personnel Director of the Adult Probation Department and reports directly to John Robinson, the Chief Probation Officer. Wisniewski is responsible for all areas of personnel, including interviewing, selection, and recommendation for hiring, and keeps all personnel files. Wisniewski sits at the bargaining table and participates in collective bargaining with AFSCME, the representative of the probation officers. He also assists in drafting responses which are to be discussed during collective bargaining.

Maureen Rafalin, the timekeeper for the Adult Probation Department, reports directly to Bruce Wisniewski, the Personnel Director. Rafalin monitors the daily time sheets of the department staff, prepares payroll forms for each pay period, and prepares a monthly report indicating the total sick time, vacation time, and personal time accrued by each employee. In addition, Rafalin processes all reference requests and employee pay garnishments and assists employees in filing for or effecting changes in any job-related benefits. Due to the nature of her job responsibilities, Rafalin has frequent access to the personnel files. Wisniewski testified that if AFSCME was to be certified as the bargaining representative for the clerical staff, Rafalin would be required to report to him the employee compensation and benefit schedules as well as quarterly or annual statistics.

The Chief Judge also sought to exclude from the bargaining unit Margaret Strocchia and Mary Grieshaber. Both Strocchia and Grieshaber work under the supervision of Daniel Abens, the Director of Financial Control. Abens prepares, presents and monitors the budget for the department and oversees seven cashiers who collect any fines, costs, or restitution imposed by the courts.

Strocchia, the Department Purchaser, purchases, inventories, and distributes all the supplies for the Adult Probation Department. Strocchia also assists Abens in the preparation of the department budget and in the preparation of quarterly expenditure reports. Grieshaber is Abens' secretary and types and files all of his correspondence, including the department budget proposal, quarterly reports, and employee grievance and disciplinary documents involving the cashiers supervised by him.

Abens testified that if AFSCME was to be certified as the bargaining representative for the clerical staff, he would be involved in the collective bargaining process because of his budgetary responsibilities. Abens stated that if he was required to prepare a budget proposal for use in collective bargaining, he would be assisted by Strocchia and Grieshaber.

The Chief Judge also sought to exclude Anna Plude, the secretary to Robin Leaf, the Program Administrator. As Program Administrator, Leaf has developed personnel programs and performance appraisals for employees. Plude typed and filed all of these documents as well as other documents generated by Leaf in areas of training, communications, and general personnel policies. Plude also transcribes written employee performance evaluations prepared by Leaf. In addition, Plude acts as secretary to Abens if Grieshaber is absent.

The Chief sought to exclude Marlene O'Halleran, the administrative assistant to James Cunningham, Jr., Assistant Chief Probation Officer. Cunningham is responsible for the daily operations of all caseload divisions in the Adult Probation Department. Cunningham has authority over 300 caseload officers, 40 supervisors, and seven deputy chief officers. In this capacity, Cunningham hears employee grievances and recommends disciplinary action for employees when appropriate. He also chairs the deputy chief meetings for the seven deputy chiefs at which they formulate department strategy and planning. Cunningham also fills in for John Robinson, Chief Probation Officer, when Robinson is unavailable.

As administrative assistant to Cunningham, O'Halleran attends and takes the minutes of the deputy chief meetings. She types and files these minutes along with typing and filing memoranda on employee grievance and disciplinary hearings held by Cunningham. In addition, O'Halleran has complete access to all of Robinson's files and serves as Robinson's secretary when Gail Barta, a confidential employee, is absent.

The Supervisory Employees

The clerical staff of the Adult Probation Department is organized into three large groups. The Deputy Chief secretaries work directly for Deputy Chief Probation Officers and fall under the purview of the Personnel Director. The remaining support staff is...