Int'l Bhd. of Teamsters v. Ill. Labor Relations Bd.

• Citation: 73 N.E.3d 108,2017 IL App (1st) 152993
• Decision Date: 21 February 2017
• Docket Number: No. 1-15-2993,1-15-2993
• Parties: INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 700, Petitioner-Appellant, v. The ILLINOIS LABOR RELATIONS BOARD, LOCAL PANEL, The COUNTY OF COOK, and Sheriff of Cook County, as Joint Employers, and Illinois Fraternal Order of Police Labor Council, Respondents (Illinois Labor Relations Board, Local Panel, County of Cook, and Sheriff of Cook County, as Joint Employers, Respondents-Appellees).
• Court: United States Appellate Court of Illinois

2017 IL App (1st) 152993
73 N.E.3d 108

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 700, Petitioner-Appellant,
v.
The ILLINOIS LABOR RELATIONS BOARD, LOCAL PANEL, The COUNTY OF COOK, and Sheriff of Cook County, as Joint Employers, and Illinois Fraternal Order of Police Labor Council, Respondents

(Illinois Labor Relations Board, Local Panel, County of Cook, and Sheriff of Cook County, as Joint Employers, Respondents-Appellees).

No. 1-15-2993

Appellate Court of Illinois, First District, FIRST DIVISION.

Opinion filed February 21, 2017
Modified upon denial of rehearing March 31, 2017

Cass T. Casper and Nicole L. Chaney, of Teamsters Local 700, of Park Ridge, for appellant.

Lisa Madigan, Attorney General, of Springfield, and Kimberly M. Foxx, State's Attorney, of Chicago (David L. Franklin, Solicitor General, and Aaron T. Dozeman, Assistant Attorney General, and Donald J. Pechous, Patricia M. Fallon, and Andrew J. Creighton, Assistant State's Attorneys, of counsel), for appellees.

OPINION

PRESIDING JUSTICE CONNORS delivered the judgment of the court, with opinion.

¶ 1 Petitioner, the International Brotherhood of Teamsters, Local 700 (Union), appeals from a decision and order of the Illinois Labor Relations Board, Local Panel, that upheld two general orders issued by respondents, the County of Cook and the Sheriff of Cook County. In relevant part, the first general order—known as the Gang Order—prohibits employees from associating with anyone the employee knew or should have known is or was in a gang and requires employees to complete a disclosure form about gang affiliations. The second general order—known as the Rules of Conduct Order—provides in part that the rules for on- and off-duty conduct extend to social media and networking sites. On appeal, the Union contends that the Gang Order was a subject of mandatory bargaining and the social media policy in the Rules of Conduct Order is overbroad under section 10(a)(1) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/10(a)(1) (West 2012)). We reverse the Board's decision as to the Gang Order and affirm the Board's decision as to the Rules of Conduct Order.

¶ 2 I. BACKGROUND

¶ 3 During the relevant time period, the Union was the exclusive representative of the Correctional Officers, Deputy Sheriffs, and Fugitive Investigators bargaining units.¹ The Gang Order and Rules of Conduct Order, which applied to employees of the Cook County Sheriff's Office (CCSO), were issued on January 18, 2013, and had effective dates of January 25, 2013. The Gang Order (order number 11.2.21.0) has eight sections that are marked with roman numerals. Sections I-IV are not directly at issue, but parts of those sections provide helpful background. In relevant part, section II states that "[c]riminal organizations and street gangs pose a substantial threat to the public and directly impede the efforts of the CCSO to provide for public safety." Section III provides in part that "[a]ny violation of this order may result in

73 N.E.3d 112

denial of access to the CCSO; disciplinary action up to and including termination; and/or criminal charges where applicable." Beginning with section V, the Gang Order states:

"V. DEFINITIONS

A. Known Criminal Organization—A group of persons (such as a street gang) who form an allegiance for a common purpose, who engage in criminal activity, and who conform to one or more of the following traits:

1. Share a common group name.

2. Share common symbols, tattoos, or graffiti.

3. Share a common style of dress.

4. Frequently congregate upon, or lay claim to, a geographic location.

5. Associate together on a regular or continuous basis.

B. Known Criminal Organization Member—Any person who has adopted, connected, associated, participated, affiliated with, or been a member of any known criminal organization.

C. Family Relationship—For the purpose of this order, Family Relationship shall include: spouse, parents, children, stepchildren, siblings; other persons related by blood or by present or prior marriage; legal guardians/wards; persons who share or formerly shared a common dwelling; persons who have or allegedly have a child in common; persons who share or allegedly share a blood relationship through a child; persons who have or have had a dating or engagement relationship; relationships with personal assistants and/or caregivers, personally or for any other family member or relationship.

D. Association—A coming together and social interaction between individuals.

VI. PROHIBITIONS

The following activities are specifically prohibited by this order:

A. Membership in any Known Criminal Organization identified by the Sheriff's Office Intelligence Center (SOIC) as a criminal organization.

B. Association with any member of a Known Criminal Organization provided that:

1. The employee knew or should have known that the person with whom the employee associates is or was a member of a Known Criminal Organization; or

2. The employee has previous been ordered by the CCSO to cease associating with a person(s) identified by SOIC as a member of a Known Criminal Organization.

VII. RESPONSIBILITIES

A. CCSO employees shall:

1. Not be members of Known Criminal Organizations.

2. Not associate with Known Criminal Organization Members.

* * *

VIII. KNOWN CRIMINAL ORGANIZATION/GANG MEMBERSHIP DISCLOSURE

A. All CCSO employees and any individuals allowed access to CCSO facilities * * * must fully complete the Known Criminal Organization/Gang Membership Disclosure Form and disclose:

73 N.E.3d 113

1. Any and all current or past membership; and/or

2. Family Relationships or Associations with any Known Criminal Organizations or Members.

B. Refusal to complete or falsifying information on the Disclosure shall result in:

1. Disciplinary action up to and including termination of CCSO employees.

2. Revocation of access to CCSO facilities. * * *

3. Notification to the Chief Financial Officer regarding contracted employees.

4. Notification to the Executive Director of the Cook County Department of Facilities Management regarding CCDFM or CCDFM contracted employees in violation.

C. Employees shall disclose any and all relevant memberships and associations, even where such is not a violation of CCSO policy (e.g., Family Relationship). Failure to disclose a relevant membership or association is a violation of CCSO policy.

D. Responsibility of Department Head/designee:

1. Ensure all Known Criminal Organization/Gang Membership Disclosures are distributed to and completed by all CCSO employees under his/her supervision bi-annually (to begin January 2013).

* * *" (Emphasis in original.)

¶ 4 The Gang Order includes an accompanying disclosure form. The form asks employees whether they were members of a Known Criminal Organization/Gang, if they had ever been members of a Known Criminal Organization/Gang, and for corresponding details. The form additionally asks, "Has any Family Relationship (as defined in the policy) or Associate ever been in a Known Criminal Organization/Gang Member or an Associate of a Known Criminal Organization within the past ten years?" The form again asks for corresponding details. At the bottom of the form is a space for the employee's signature and the date, above which is written, "By signing below, I certify that the above information has been completed to the best of my knowledge."

¶ 5 The second order at issue is the Rules of Conduct Order (number 11.2.20.0), which has seven sections that are marked with roman numerals. The Rules of Conduct Order states in part in section II that employees "shall conduct themselves in a professional and ethical manner both on and off duty." Section VI of the order, which is the only section directly at issue, states in relevant part:

"VI. RULES AND REGULATIONS FOR ALL SWORN AND CIVILIAN CCSO EMPLOYEES

* * *

B. Conduct on and off duty.

CCSO employees shall:

1. Maintain a professional demeanor while on duty and will not engage in off-duty behavior that would reflect negatively on the CCSO.

2. Conduct themselves on and off-duty in such a manner to reflect favorably on the CCSO. Employees, whether on or off-duty, will not engage in conduct which discredits the integrity of the CCSO, its employees, the employee him/herself, or which impairs the operations of the CCSO. Such actions shall constitute

73 N.E.3d 114

conduct unbecoming of an officer or employee of the CCSO.

3. Be aware that conduct on and off duty extends to electronic social media and networking sites and that all rules of conduct apply when engaging in any Internet activity.

4. Maintain a level of conduct in their personal and business affairs that is in keeping with the highest standards of the law enforcement profession. Employees will not participate in any incident that:

a. Involves moral turpitude or impairs their ability to perform as law enforcement officers; or

b. Causes the CCSO to be brought into disrepute.

5. Not use their official position, official identification cards, stars or hat shields for:

a. Personal or financial gain for themselves or others.

b. Obtaining privileges not otherwise available to them except in the performance of duty.

c. Avoiding consequences of illegal acts.

6. Respect and be courteous to others and the public. Employees will be tactful in the performance of their duties, will control their tempers and exercise the utmost patience and discretion and will not engage in argumentative discussions even in the face of extreme provocation.

7. If sworn, carry CCSO credentials (e.g., Sheriff's Photo Identification, County Identification, Firearm Owners Identification Card) on their person at all times except when impractical or dangerous to their safety or to an investigation; and make every effort to ensure the security and safekeeping of all identification, including star and hat shield.

8. Furnish their names and star numbers where applicable to any person requesting that information while on duty, unless withholding such information is necessary for the performance of police duties (e.g., undercover

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