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Cook County Sheriff's Enforcement Ass'n v. County of Cook

Case Date: 06/25/2001
Court: 1st District Appellate
Docket No: 1-99-3710 Rel

FIRST DIVISION

June 25, 2001




No. 1-99-3710

 

THE COOK COUNTY SHERIFF'S ENFORCEMENT
ASSOCIATION,

          Petitioner,

          v.

COUNTY OF COOK, SHERIFF OF COOK
COUNTY, and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, LOCAL 714,

          Respondents.

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)		 Petition for Review of
an Order of the
Illinois Local
Labor Relations Board

No. L-RC-99-026


JUSTICE McNULTY delivered the opinion of the court:

Petitioner Cook County Sheriff's Enforcement Association(Association) appeals an order of the Illinois Local LaborRelations Board (ILLRB) dismissing the Association'srepresentation petition. For the reasons set forth below, wedismiss the Association's petition for review and deny theAssociation leave to amend its petition.

The Association filed an amended petition with the ILLRB tosever certain deputy sheriffs employed by respondents Cook Countyand the sheriff of Cook County from the union representation ofrespondent International Brotherhood of Teamsters, Local 714(Teamsters). The administrative law judge (ALJ) for the ILLRBrecommended the petition be dismissed without a hearing for lackof reasonable cause to believe a severance election should beordered. Although the Association filed exceptions to the ALJ'srecommendation, the ILLRB dismissed the petition in a finalorder.

The Association filed in this court a petition for reviewpursuant to the Illinois Public Labor Relations Act (5 ILCS 315/9(West 1998)). While the petition named Cook County, the sheriffof Cook County, and the Teamsters as respondents, the petitiondid not name the ILLRB, which was listed as a party of record inthe ILLRB's final order. The ILLRB filed a motion to dismiss thepetition for direct review, arguing that section 3-113 of theAdministrative Review Law (Review Law) (735 ILCS 5/3-113 (West1998)) and Supreme Court Rule 335 (155 Ill. 2d R. 335) prohibitappellate review of petitions that fail to name all parties ofrecord. In response to the ILLRB's motion, the Association fileda motion for leave to file an amended petition for review. Thesemotions were taken with the case.

The appellate court's power to review administrativedecisions derives not from the Illinois Constitution but from thelegislature. Ill. Const. 1970, art. VI,