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Adams County Sheriff Nall v. International Ass'n of Machinists

Case Date: 09/30/1999
Court: 4th District Appellate
Docket No: 4-98-0482

Adams Co. Sheriff Nall v. Internat'l Assoc. of Machinists, No. 4-98-0482

4th District, 30 September 1999



ADAMS COUNTY SHERIFF ROBERT NALL and THE ADAMS COUNTY SHERIFF'S MERIT COMMISSION,

Plaintiffs-Appellants,

v.

THE INTERNATIONAL ASSOCIATION OF MACHINISTS and AEROSPACE WORKERS, AFL-CIO, LOCAL LODGE 822, DISTRICT 123,

Defendant-Appellee.

 Appeal from Circuit Court of Adams County

No. 97MR116

Honorable Michael R. Roseberry, Judge Presiding.

PRESIDING JUSTICE KNECHT delivered the opinion of the court:

In November 1997, plaintiffs, Adams County Sheriff Robert Nall and the Adams County Sheriff's Merit Commission (Commission), filed a declaratory judgment action alleging Sheriff Nall was under no obligation to bargain with defendant, the International Association of Machinists and Aerospace Workers, AFL-CIO, Local Lodge 822, District 123 (Union), regarding the Commission's disciplinary and promotional procedures. The circuit court granted defendant's motion to dismiss (735 ILCS 5/2-615 (West 1996)). Plaintiffs appeal, arguing they could not bargain over this issue because the legislature mandated Adams County adopt and implement specific procedures governing employee discipline and promotions. We agree and reverse.

I. BACKGROUND

Adams County originally created the Commission in 1969 pursuant to either the County Police Department Act (Ill. Rev. Stat. 1967, ch. 125, par. 101 et seq.(repealed by Pub. Act 81-1475,