County of Du Page v. Illinois Labor Relations Board

Summary

The Illinois Supreme Court reviewed the Illinois Labor Relations Board’s certification of the Metropolitan Alliance of Police as the exclusive bargaining representative for deputy sheriffs employed by Du Page County and the sheriff. The court held that section 9(a-5) of the Illinois Public Labor Relations Act permits the Board to rely on dues-deduction authorization or other evidence of majority support, rather than requiring both forms of evidence. The court reversed the appellate court’s judgment invalidating the Board’s regulation and certification on that ground and remanded for further review.

Holdings

1. The word "and" in the phrase "dues deduction authorization and other evidence" means "or" in context. Section 9(a-5) therefore does not require a union to submit both forms of evidence to establish majority interest.
2. The Board's regulation, 80 Ill. Adm. Code §1210.80(d)(2)(A), is not invalid merely because it does not require dues-deduction authorization evidence; it is consistent with section 9(a-5)'s authorization of either dues-deduction evidence or other sufficient evidence.
3. An employer is not entitled to review the union's evidence of majority support and may not litigate the Board's determination that the union enjoys majority status, except as permitted by the statute, including claims of fraud or coercion.
4. The appellate court must consider the Employer's challenge to the appropriateness of the proposed bargaining unit because it did not reach that issue after vacating the Board's certification order.
5. The appellate court's attorney-fee award to the Employer must be vacated because the underlying invalidation of the Board's regulation was erroneous.

Questions Presented

1. Whether section 9(a-5) of the Illinois Public Labor Relations Act requires both dues-deduction authorization evidence and other evidence to establish majority interest.
2. Whether the Board's regulation allowing majority interest to be shown through authorization cards, petitions, or any other evidence conflicts with section 9(a-5).
3. Whether an employer is entitled to review the union's evidence of majority support in a section 9(a-5) certification proceeding or on judicial review.
4. Whether the proposed bargaining unit was appropriate.
5. Whether the appellate court's attorney-fee award was proper after the court invalidated the Board's regulation.

Disposition

reversed_and_remanded