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International Union of Operating Engineers v. Department of Employment Security

Case Date: 12/16/2003
Court: 5th District Appellate
Docket No: 5-01-0903 Rel

                     NOTICE
Decision filed 12/16/03.  The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NO. 5-01-0903

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 148, AFL-CIO,

     Plaintiff-Appellee,

v.

THE DEPARTMENT OF EMPLOYMENT
SECURITY and CENTRAL ILLINOIS
PUBLIC SERVICE COMPANY,

     Defendants-Appellants.

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)		 Appeal from the
Circuit Court of
Franklin County.


No. 95-MR-15



Honorable
E. Kyle Vantrease,
Judge, presiding.
 

PRESIDING JUSTICE CHAPMAN delivered the opinion of the court:

The defendants, the Illinois Department of Employment Security (Department) andCentral Illinois Public Service Company (CIPS), appeal an order of the Franklin Countycircuit court overturning the Director of Employment Security's decision that members of theplaintiff union were ineligible for unemployment benefits for a period of time that they wereout of work due to a labor dispute between CIPS and another union. On appeal, thedefendants contend that (1) the union lacked standing to challenge the administrativedecision on behalf of its members and (2) the circuit court erred in reversing the Director'sdetermination that the workers were ineligible for benefits. We affirm.

 

I. BACKGROUND

Most of CIPS's employees are represented by two unions: the International Union ofOperating Engineers, Local 148 (Local 148), which is the plaintiff herein, and theInternational Brotherhood of Electrical Workers, Local 702 (Local 702). On June 30, 1992,CIPS's contracts with both unions expired. The parties agreed to a series of contractextensions while negotiations on new contracts continued. On May 20, 1993, with noadvanced notice to the unions or the employees, CIPS locked out the union employees. Members of both unions sought unemployment benefits. On June 11, 1993, a claimsadjudicator from the Department determined that they were ineligible for benefits becausethe work stoppage was due to a labor dispute. Both unions appealed.

On June 14, 1993, Local 148 reached an agreement with CIPS on a new contract,which the union members ratified a few days later. Although CIPS ended the lockout ofLocal 148 employees, effective June 23, 1993, the union members voted to honor the picketlines maintained by Local 702. However, the leadership of Local 148 specifically instructedits members not to participate in Local 702's picketing activities in any way. On August 28,1993, CIPS and Local 702 reached an agreement on a new contract and the lockout ended.

On November 19, 1993, the National Labor Relations Board (NLRB) filed acomplaint and a notice of hearing. Each side alleged that the other had refused to bargainin good faith. The unions contended that CIPS had violated the National Labor RelationsAct (NLRA) (29 U.S.C.