American Federation of State, County & Municipal Employees v. Illinois Labor Relations Board State Panel
Case Date: 07/27/2004
Court: 5th District Appellate
Docket No: 5-02-0560 Rel
NO. 5-02-0560 APPELLATE COURT OF ILLINOIS
JUSTICE MAAG delivered the opinion of the court: The American Federation of State, County and Municipal Employees, Council 31(Union), appeals the decision of the Illinois Labor Relations Board State Panel (Board) todismiss a case involving a certification petition and a companion case involving unfair laborpractices claims. The Union filed the cases on behalf of health care workers who areemployed by Wexford Health Sources, Inc. (Wexford), and who provide health care servicesto inmates incarcerated in facilities of the Department of Corrections (DOC). The Boarddetermined that the DOC was not an employer of the Wexford employees, and the Boarddismissed the cases for a lack of jurisdiction. On review, the Union claims that the Board'sdecision is erroneous because the DOC possesses authority to control labor relations inregard to the work it contracted to Wexford according to the terms of the vendor contract andbecause the DOC's actual exercise of control over labor relations in regard to the work itcontracted to Wexford is sufficient to confer employer status on the DOC. Pursuant to procedures under the National Labor Relations Act (29 U.S.C. |