Consolidation Coal Co. v. Department of Labor

• Decision Date: 19 September 1985
• Docket Number: No. 5-84-0480,5-84-0480
• Parties: , 92 Ill.Dec. 859 CONSOLIDATION COAL COMPANY, a foreign corporation authorized to do business in Illinois, Plaintiff-Appellant, v. The DEPARTMENT OF LABOR, State of Illinois, John A. Bergfeld, Raymond C. Harris, Jerry M. Phillips, Phillip R. Flint, Jerrold D. Holmes, Floyd A. Gooden, Stephen J. Parry, Barnard Buschschulte, John Keim, Robert Kirkpatrick, Mike Flure, Carl Wilson, Diane Trexler, Sam Cooper, Terry Sweet, Keith Troutman, Jean Crews, Jim Woodside, Steve Anderson, Alan Wolter, Jim Williams, Allen Harriss, Doug Kellerman, William McCune, Rolando Fuentes, Larry Crites, Kenneth Heuerman and James E. McNarry, Defendants-Appellees.
• Court: United States Appellate Court of Illinois

Page 1102

485 N.E.2d 1102

138 Ill.App.3d 541, 92 Ill.Dec. 859

CONSOLIDATION COAL COMPANY, a foreign corporation authorized

to do business in Illinois, Plaintiff-Appellant, v. The DEPARTMENT OF LABOR, State of Illinois, John A.

Bergfeld, Raymond C. Harris, Jerry M. Phillips, Phillip R.

Flint, Jerrold D. Holmes, Floyd A. Gooden, Stephen J. Parry,

Barnard Buschschulte, John Keim, Robert Kirkpatrick, Mike

Flure, Carl Wilson, Diane Trexler, Sam Cooper, Terry Sweet,

Keith Troutman, Jean Crews, Jim Woodside, Steve Anderson,

Alan Wolter, Jim Williams, Allen Harriss, Doug Kellerman,

William McCune, Rolando Fuentes, Larry Crites, Kenneth

Heuerman and James E. McNarry, Defendants-Appellees.

No. 5-84-0480.

Appellate Court of Illinois,

Fifth District.

Sept. 19, 1985.

Feirich, Schoen, Mager, Green & Associates, Carbondale, for plaintiff-appellant.

James D. Lynch, Springfield, for defendants-appellees.

Neil F. Hartigan, Atty. Gen., Jill Wine-Banks, Sol. Gen., Chicago (Rita M. Novak, Asst. Atty. Gen., Chicago, of counsel), for defendant-appellee Dept. of Labor.

WELCH, Justice:

In this administrative review action, plaintiff Consolidation Coal Company appealed from the decision of defendant Illinois Department of Labor that claimants, employees of Consolidation Coal, were not ineligible for unemployment compensation benefits. From the judgment of the circuit court of St. Clair County affirming the decision of the Department, Consolidation Coal appeals to this court.

The operative facts concern a series of work stopages at Consolidation Coal's Burning Star No. 4 Mine in Cutler, Illinois, during May of 1980. The claimants sought unemployment benefits. A claims adjudicator determined that none of the claimants was eligible for benefits. On appeal a representative of the Director of Labor recommended that the decision of the claims adjudicator be set aside with certain exceptions. On November 6, 1981, the representative's decision was mailed to Consolidation Coal with notice that Consolidation Coal had 10 days in which to file objections thereto. The letter further stated that after considering the representative's report and the objections, the Director would render a decision and Consolidation Coal would then have 35 days to obtain judicial review. This letter was received on November 13. On that date, Consolidation Coal mailed its letter stating certain general objections, noting that much of its 10 days had passed prior to its receipt of the representative's report, and indicating that further objections would be filed. Consolidation Coal's further written objections were submitted on November 18. That same date, the Director of Labor issued his decision adopting the representative's report. By letter dated December 4, Consolidation Coal asserted that its objections had not received proper consideration; reconsideration was requested. By letter dated January 8, 1982, the Director stated that the file had been reviewed and the objections considered, and that the decision was in accord with the law and would not be changed. This letter further stated that "the law provides for a further appeal to the Circuit Court, if such an appeal is filed within 35 days of the decision." Consolidation Coal's complaint for administrative review was filed January 28. In a written order denying the Department's motion to dismiss for lack of subject matter jurisdiction, the court concluded inter alia that the Director's January 8, 1982, letter constituted a termination of the proceedings for purposes of judicial review. The circuit court ultimately concluded that the Director's decision was not against the manifest weight of the evidence, and entered judgment accordingly. This appeal followed.

The Department argues on appeal that the circuit court was without jurisdiction to entertain Consolidation Coal's complaint because it was not timely filed in the circuit court. Consolidation Coal replies that the Department has waived the issue by failing to file a notice of cross-appeal from the judgment of the circuit court. (See Cleys v. Village of Palatine (1980), 89 Ill.App.3d 630, 635, 44 Ill.Dec. 795, 411 N.E.2d 1161, 1165.) We must reject the latter position for two reasons. First, an appellee is entitled to sustain the judgment on review upon any ground warranted by the record, whether or not the specific findings or reasons given are correct. (City of Rockford v. Maxwell (1968), 92 Ill.App.2d 336, 340, 234 N.E.2d 563, 566.) The...