Cta v. Board

• Decision Date: 06 November 2008
• Docket Number: No. 1-07-2269.,1-07-2269.
• Citation: 898 N.E.2d 176
• Parties: CHICAGO TRANSIT AUTHORITY, Petitioner-Appellant, v. ILLINOIS LABOR RELATIONS BOARD and Amalgamated Transit Union Local 241, Respondents-Appellees.
• Court: United States Appellate Court of Illinois

898 N.E.2d 176

CHICAGO TRANSIT AUTHORITY, Petitioner-Appellant, v. ILLINOIS LABOR RELATIONS BOARD and Amalgamated Transit Union Local 241, Respondents-Appellees.

No. 1-07-2269.

Appellate Court of Illinois, First District, Fourth Division.

November 6, 2008.

Bell, Boyd & Lloyd LLP, Chicago, IL (James P. Daley and David M. Novak, of counsel), for Appellant.

Lisa Madigan, Attorney General of the State of Illinois, Springfield, IL (Michael A. Scodro, Solicitor General, and Ann C. Chalstrom, Assistant Attorney General, of counsel), for Appellee, Illinois Labor Relations Board.

Carmell Charone Widmer Moss and Barr, Chicago, IL (Lisa B. Moss and Martin P. Barr, of counsel), for Appellee, Amalgamated Transit Union Local 241.

Justice GALLAGHER delivered the opinion of the court:

We revisit this case following remand, and again we are asked to determine whether the parties engaged in an unfair labor practice by failing to bargain in good faith as required by the Illinois Public Labor Relations Act (Act) (5 ILCS 315/1 et seq. (West 2000)). Petitioner Chicago Transit Authority (CTA) appeals the Illinois Labor Relations Board's (Board) decision finding that the Amalgamated Transit Union Local 241's (Union) actions of arranging a strike authorization vote during the negotiation of a collective bargaining agreement with the CTA did not amount to an unfair labor practice while finding that the CTA's actions during the negotiations did amount to an unfair labor practice. The CTA first contends on appeal that this cause must be reversed because the Board failed to follow this court's directives on remand. The CTA also claims on appeal that the Board erred in concluding that the Union's organization of a strike authorization vote, posting the voting results and distributing handbills to the public did not amount to an unfair labor practice pursuant to section 10(b)(4) of the Act (5 ILCS 315/10(b)(4) (West 2000)). The CTA further claims that the Board erred in finding that the CTA committed an unfair labor practice under section 10(a)(1) of the Act (5 ILCS 315/10(a)(1) (West 2000)), when it notified employees that it intended to discipline employees who violated the company's "no-solicitation" rule and engaged in illegal strike activities. The CTA's last claim is that the Board erred in finding that the CTA's denial of the Union's request to use the CTA's premises to rerun an election was based on a retaliation motive resulting from the Union conducting the strike authorization vote. For the reasons stated below, we affirm.

I. BACKGROUND

This court's May 26, 2005, opinion sets forth a complete recitation of facts for the instant appeal, but for purposes of this appeal, we offer an abridged version of the pertinent facts. See Chicago Transit Authority v. Illinois Labor Relations Board Local Panel, 358 Ill.App.3d 83, 294 Ill.Dec. 218, 830 N.E.2d 630 (2005).

In January 1996, the CTA and Union entered into a collective bargaining agreement (Agreement). The Agreement was effective from January 1, 1996, through December 31, 1999, and "from year to year thereafter," subject to each party's right to seek modifications and/or additions. In 2000, the Union and CTA began negotiations for a new successive collective bargaining agreement. The Union's president, Wanda Black, thought that a tentative agreement was reached on May 23, 2001, but the CTA disagreed leading Black to conclude that the CTA reneged on the tentative agreement. The Union did not request mediation and took the position that since an agreement between the parties existed, it would not agree to interest arbitration.

On May 23, 2001, the CTA's president, Frank Kruesi, sent Black a letter stating that he was aware of the Union's executive board's decision to seek a strike authorization vote from its members and that Black informed the public about the vote. Kruesi's letter continued by stating that: (1) the CTA's position was that a strike or a threatened strike was a breach of the Agreement; (2) the threatened strike failed to meet all of the explicit requirements for a lawful strike under the Act; and (3) the CTA employees, being essential service employees within the meaning of the Act, were prohibited from engaging in a strike. Black responded to Kruesi in a letter dated May 24, 2001, assuring Kruesi that the Union would comply with its legal obligations. Black's letter did not formally notify the CTA that the Union's employees intended to strike.

For approximately 25 years prior to June 2001, the CTA permitted the Union to conduct elections on CTA property. The procedure followed by the Union to use the property was to send the CTA a written request for permission to conduct an election on its property including the election date and polling hours. The CTA customarily allowed the Union to use its property. On June 5, 2001, the Union sent the CTA a request to use the CTA's property to conduct an election on June 26, 2001, between the hours of 7 a.m. and 8 p.m. During this election, the employees were to select two delegates to attend the Union's upcoming convention. The Union's letter did not indicate that the election would include a ballot item to authorize the Union to call an unfair labor strike nor was the Union anticipating to include such an item on the ballot as of the June 5, 2001, letter.

On June 14, 2001, the CTA sent the Union a letter providing permission for the Union to use the CTA's premise to conduct the election. Approximately one week prior to the scheduled June 26, 2001, election, the Union contacted the Department of Labor Representative (DOL) to inquire whether a strike authorization vote could be included on the June 26, 2001, ballot. The DOL orally authorized the Union to include the strike authorization vote on the ballot, and on the eve of the scheduled election the Union changed the ballot to include the strike authorization vote. The employees and CTA were not aware ahead of the election of the strike authorization vote's inclusion on the ballot. At the end of the election, the Union determined that a rerun election was necessary at the Chicago Avenue garage site because the employees there were not presented with the option of voting for two conference delegates.

On June 26, 2001, the CTA sent the Union a letter informing the Union that due to the Union's rejection of a tentative collective bargaining agreement on June 14, 2001, and by conducting an illegal strike authorization vote, the parties were at an impasse and should proceed immediately to interest arbitration. The CTA also sent the Union the following letter on June 26, 2001:

"It has been brought to my attention that Local 241 is conducting a special election on Chicago Transit Authority (`CTA') property to authorize an `unfair labor practice strike in an effort to end its contract dispute with the Chicago Transit Authority' under the guise of an Amalgamated Transit Union Local 241 delegates election. This conduct on the part of Local 241 is illegal and in violation of representations made to CTA representatives as to the purpose of the special election. This conduct among other violations is an Unfair Labor Practice which the CTA intends to pursue with the Illinois Labor Relations Board.

The CTA has advised you in the past regarding illegal strike threats to coerce the CTA to accept the terms proposed by Local 241 in contract negotiations."

The CTA further claimed that: (1) a strike or a threatened strike was a breach of the Agreement; (2) section 19.2 of the Agreement provided for interest arbitration as an impasse resolution mechanism; (3) the CTA was proceeding to interest arbitration based on the Union's rejection of the tentative Agreement; (4) the strike authorization vote or any strike failed to meet all of the explicit requirements for a lawful strike under section 17 of the Act; (4) the Agreement prohibited strikes; and (5) under Illinois law no strike of any kind was permissible.

On June 27, 2001, the CTA filed an unfair labor practice charge with the Board alleging that the Union committed an unfair labor practice by taking a strike authorization vote and threatening to strike even though its members were not permitted to strike.

Also on June 27, 2001, the Union sent a letter to the CTA requesting use of CTA's property to conduct an election on July 17, 2001, from 7 a.m. to 8 a.m. for the purpose of rerunning the delegate election at the Chicago Avenue garage. In response, the CTA sent a letter dated June 29, 2001, requesting additional information including the authorized Union representative conducting the election, the purpose of the election, and whether any outside governmental agencies would be involved in the election, and the CTA also requested a copy of the ballot to review. The Union responded to the CTA's letter by providing the requested information and indicating that a ballot could not be provided until the CTA granted permission to use the CTA's property because the location of the election needed to be included on the ballot. The Union stated, however, that after the CTA provided permission to use the property, the Union would provide the CTA with a copy of the official ballot.

On approximately July 12, 2001, the CTA sent the Union the following letter:

"This is in response to your request to run a `Special Delegate Election' on July 17, 2001, at Chicago Avenue Garage. As you know during a similar such election on June 26, 2001, Local 241 included a vote to authorize an illegal `unfair labor practice strike' in violation of Local 241's representation to the CTA as to the purpose of that election. As a result, the CTA filed an unfair labor practice charge (L-CB-01-038) due to among other things the unauthorized ballot proposition.

Therefore in view of the above, your request to use CTA facilities at Chicago Avenue Garage on July 17, 2001, to conduct a Special Delegate Election is denied."

As a result of this letter, the Union...