Dept. of Cent. Mgt. v. Labor Relations Bd.

• Decision Date: 24 April 2008
• Docket Number: No. 4-07-0344.,4-07-0344.
• Citation: 888 N.E.2d 562
• Parties: The ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES (STATE POLICE), Petitioner-Appellant, v. The ILLINOIS LABOR RELATIONS BOARD, STATE PANEL; Jackie Gallagher, Michael Hade, Charles Hernandez, Rex Piper, and Michael Coli, the Members of Said Board and Panel in Their Official Capacity Only; and the American Federation of State, County and Municipal Employees, Council 31, Respondents-Appellees.
• Court: United States Appellate Court of Illinois

888 N.E.2d 562

The ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES (STATE POLICE), Petitioner-Appellant, v. The ILLINOIS LABOR RELATIONS BOARD, STATE PANEL; Jackie Gallagher, Michael Hade, Charles Hernandez, Rex Piper, and Michael Coli, the Members of Said Board and Panel in Their Official Capacity Only; and the American Federation of State, County and Municipal Employees, Council 31, Respondents-Appellees.

No. 4-07-0344.

Appellate Court of Illinois, Fourth District.

April 24, 2008.

Presiding Justice APPLETON delivered the opinion of the court:

Pursuant to section 9(a-5) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/9(a-5) (West 2006)), the American Federation of State, County and Municipal Employees, Council 31 (union), filed a petition to represent telecommunications supervisors, employed by the State of Illinois, Department of Central Management Services, State Police (employer). The employer opposed the petition on the grounds that telecommunications supervisors were "supervisors" within the meaning of section 3(r) (5 ILCS 315/3(r) (West 2006)), "managerial employees" within the meaning of section 3(j) (5 ILCS 315/3(j) (West 2006)), or both. The Board found that telecommunications supervisors were neither "supervisors" nor "managerial employees" and, therefore, ordered their inclusion in the RC-14 bargaining unit. American Federation of State, County & Municipal Employees, Council 31, 23 Pub Employee Rep. (Ill.) par. 38, at 98, No. S-RC-04-108 (Illinois Labor Relations Board, State Panel, March 19, 2007) (2007 PERI (LRP) LEXIS 37 at *7-8) (hereinafter 23 Pub. Employee Rep. (Ill.) par. 38). The employer appeals, contending only that telecommunications supervisors are "supervisors" and, as such, are ineligible for inclusion in the bargaining unit. See 5 ILCS 315/3(s)(1) (West 2006).

The Board could reasonably find that the employer failed to prove two propositions: (1) the principal work of telecommunications supervisors is substantially different from that of lead call-taker, and (2) telecommunications supervisors perform a supervisory function. See 5 ILCS 315/3(r) (West 2006). With those propositions unproved, telecommunications supervisors are not "supervisors" in the statutory sense. Therefore, we affirm the Board's decision.

I. BACKGROUND

A. The Communications Service Bureau

Throughout the state, the Illinois State Police has 19 call centers, which receive emergency telephone calls from the public and provide dispatching services for troopers. The call centers are part of the Communications Service Bureau of the Division of Administration. At the helm of the bureau is the bureau chief, and beneath the bureau chief are two assistant bureau chiefs. The State of Illinois is divided into four regions, and each assistant bureau chief is responsible for two of the regions. Each region has a regional manager, who reports to the assistant bureau chief. The Northern Region has eight call centers. The Southern Region has 11. Each call center has a telecommunications supervisor, who reports to the regional manager. Beneath the telecommunications supervisor, in descending order of hierarchy, are the lead call-takers and the call-takers.

B. The Duties of a Call-Taker

According to a "class specification" (or job description) written by CMS, the "[d]istinguishing [f]eatures" of a call-taker's work are as follows:

"Under general supervision of a telecommunications supervisor, [a call-taker] answers and responds to incoming requests for service via telephone or in person; assigns [Illinois State Police] officers to respond to calls; transmits and receives law[-]enforcement messages and data by two-way radio and computer systems; monitors and/or provides base[-]station service for multiple police priority and business channels; processes confidential information; [and] originates, relays[,] and interprets information relating to the safety and well-being of law[-]enforcement officers and citizens." Board exhibit No. 5.

Call-takers each "[o]perate[ ] a personal[-]computer terminal," and when they receive information over the radio or telephone, they enter it into various databases in the Law Enforcement Agencies Data System (LEADS)—for example, membership in gangs and the residential address of sex offenders. They also "provide[ ] training for trainees[,] as directed."

C. Duties of a Lead Call-Taker

According to CMS's class specification, the work of a "telecommunicator lead call[-]taker" has the following "[d]istinguishing [f]eatures":

"Under general supervision[,] [a lead call-taker] acts as a lead worker overseeing the activities of telecommunicators, typically on a busy shift when the supervisor is absent; assists [the] supervisor in preparing technical reports and maintains [LEADS] records; provides input into employee performance evaluations; assists lower[-]level telecommunicators [t]elecommunicator/[c]all[-][t]akers[,] and local [l]aw[-][e]nforcement agencies in the resolution of two-way radio and computer[-]terminal operational problems; processes confidential material; also functions as a [t]elecommunicator [c]all[-][t]aker; answers and responds to incoming requests for service from the public via telephone or in person; assigns [Illinois State Police] officers to respond to calls; transmits and receives law[-]enforcement messages and data by two-way radio, teletype, and computer[-]terminal equipment; monitors and/or provides base[-]station services for multiple police priority and business channels; [and] originates, relays[,] and interprets information relating to the safety and well[-]being of law[-]enforcement officers and citizens."

Under the heading "Illustrative Examples of Work," the class specification says that lead call-takers perform the following tasks, among others:

"3. Assists [the] supervisor in the preparation of reports, provides input into employee performance evaluations; when [the] supervisor is absent, authorizes over[ ]time assignments in accordance with contract protocols, carries out on the-the-job training programs for new staff and may assume the lead position in such training; [and] recommends, monitors, and ensures compliance with operational policies and rules." Board exhibit No. 5.

Bonnie C. Lane, the assistant bureau chief for the Southern Region, testified as follows:

"[The position of lead call-taker] is a quasi-supervisory position[ ] in that they provide shift or floor oversight. Obviously, a [t]elecommunications [s]upervisor can't work 24 hours a day and isn't able to be there across all three shifts.

So the [l]ead [c]all[-][t]aker is there to * * * monitor, again, operational compliance, the integrity of operations. They're responsible, over the course of the year, the evaluation period, to assist in gathering some * * * front-line data, in terms of operational compliance, quality, [and] professionalism.

They're looked to[,] most times[,] as being a little better versed, maybe, in some of the technical issues. With the computer-aided dispatch, they might be the go-to person for questions on entry or data management.

But, basically, they are a way to assist the supervisors with compliance issues on shifts * * * that aren't during the traditional work hours.

Some centers have one [l]ead [c]all[-][t]aker, some have two. Due to staffing vacancies that can't be filled at this time, we do have some centers that have no [l]ead [c]all[-][t]akers presently on staff.

But they are, basically, there to just assist with gathering documentation and monitoring operations." Board exhibit No. 5.

D. The Duties of a Telecommunications Supervisor

1. The Class Specification

According to the class specification, the "[d]istinguishing [f]eatures" of the work of a telecommunications supervisor are as follows:

"Under general direction, [the telecommunications supervisor] plans, directs, and evaluates the operations of a telecommunications center; supervises a staff of telecommunicators providing computer[-]assisted law[-]enforcement radio[-]dispatching and call[-]taking to state and local agencies; trains, schedules[,] and evaluates the performance of [t]elecommunicators in a law[-]enforcement district office through subordinate lead workers, overseeing a continuous multi-shift operation[ ]; maintains personnel and operational files[ ] [and] office inventory control; administers operations dispatching and telecommunications service contracts with various state and local agencies; [and] prepares operating reports." Board exhibit No. 5.

Here are some "illustrative examples" of what a telecommunications supervisor does:

"1. Plans, supervises[,] and coordinates a State Police [d]istrict [t]elecommunications [c]enter, providing computer[-]assisted radio dispatching services for law[-]enforcement personnel; schedules approximately nine telecommunications personnel on multiple shifts[;] maintains personnel and operational files[;][and] prepares associated records and reports[,] utilizing word processing, spreadsheet[,] and database software applications.

2. Administers procedural policies; monitors compliance with standard operating procedures; provides corrective training where necessary to maintain operational standards and station efficiency; operates [a] console [10] hours per month to maintain operational efficiency; takes supervisory and managerial training; [and] serves as a member of the hiring selection interview team.

3. Administers the [t]elecommunicator [t]raining [p]rogram at the district level, providing on-the-job training of new employees; reviews employee performance on a continuing basis and prepares and signs periodic employee performance evaluations; [and] promotes or terminates trainees, as appropriate.

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10. Administers the collective [-]bargaining contract[,] conducts labor/management meetings[,] prepares local formal labor/management agreements[,] and processes and adjusts first[-]level grievances.

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12. Schedules...