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City of Chicago v. Water Pipe Extension

Case Date: 01/29/1999
Court: 1st District Appellate
Docket No: 1-97-3538

City of Chicago v. Water Pipe Extension, No. 1-97-3538

1st Dist. 1/29/99

SIXTH DIVISION

JANUARY 29, 1999

Nos. 1-97-3538 and 1-97-3539 (Consolidated)

CITY OF CHICAGO,

a municipal corporation,

Plaintiff-Appellant

Cross-Appellee,

v.

WATER PIPE EXTENSION,

BUREAU OF ENGINEERING LABORERS' LOCAL NO. 1092,

Defendant-Appellee/Cross-Appellant.

 APPEAL FROM THE

CIRCUIT COURT

OF COOK COUNTY.

No. 95 CH 8461

HONORABLE AARON JAFFE,

JUDGE PRESIDING.

PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:

Plaintiff City of Chicago (City) appeals an order of the circuit court of Cook County denying its petition to vacate part of an arbitration award rendered in a labor arbitration between the City and defendant Water Pipe Extension, Bureau of Engineering Laborers' Local No. 1092 (Union, Local 1092). Defendant cross-appeals the trial court's order denying the Union's petition to vacate a different part of the same arbitration award that was decided in favor of the City.

The record on appeal indicates the following facts. The City is an Illinois municipal corporation and a "public employer" within the meaning of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/3(o) (West 1994)). Local 1092 is a "labor organization" within the meaning of the Act (5 ILCS 315/3(i) (West 1994)).

The City and the Union are parties to a collective bargaining agreement (CBA), which became effective January 1, 1992. This case primarily involves Article 9 of the CBA, which addresses "Hours of Work and Overtime." Section 9.1 of the CBA states the purpose of Article 9:

"This Article is intended to define the workweek, establish schedules and serve as the basis for the calculation of overtime. It shall not be construes as a guarantee of work or hours for any day or week except as expressly provided herein. Under no circumstances shall hours be changed solely to avoid the payment of overtime."

Section 9.3.2 of the CBA, which addresses changes of work shifts and schedules, provides in part that:

"Whenever the City believes it is necessary to temporarily change (a) a scheduled shift assignment or (b) the starting time for such assignment outside the *** normal starting times for shifts the Union shall be given at least ten (10) days notice and shall be advised as to the reason for the changes(s) and the duration thereof. In an emergency situation the City shall give as much notice as possible. As soon as the temporary necessity is alleviated normal assignment and scheduling shall be resumed.
* * * * *
The appropriate rate of overtime shall be applicable to all hours worked before or after an employee's regularly assigned shift and no starting time or shift schedule will be established or altered for the purpose of avoiding payment of overtime."

Section 9.7.1 of the CBA addresses payment for overtime work. Generally, all work in excess of 8 hours in a workday is to be paid at 1