AFSCME Council 31 members and the County of Warren, Illinois were parties to a CBA effective from 2017-2021. After the U.S. Supreme Court decided Janus v. AFSCME in 2018, finding compulsory fair share fees in public sector employment unconstitutional, Illinois amended its Public Labor Relations Act (PLRA). In November 2021, the parties convened for negotiations on a successor agreement. Over the next year, the County repeatedly rejected the Union’s proposals pertaining to dues check-off, the protection of employee information, and access to and communication with employees. The County repeatedly counter-proposed the elimination of the union security clause. The Union finally modified its proposals in November 2022, only to be rejected once more.
The Union brought an unfair labor practice charge before the Illinois Labor Relations Board (ILRB) against the County alleging that they had refused to bargain over mandatory subjects. Prior to doing so, the Union clarified that the County’s position was that “any obligations imposed by the state law at issue are statutory, not contractual,” which the County confirmed. After receiving confirmation, the parties ratified a new CBA.
After dispensing with timeliness issues, the ALJ concluded that the County violated the PLRA’s prohibition on refusing to bargain when it repeatedly rejected the Union’s proposals relating to the PLRA’s 2019 amendments and when it asserted that its obligations on such matters were statutory, rather than contractual. The Union’s proposals supplemented, implemented and effectuated the post-Janus amendments to the PLRA. These proposals pertained to terms and conditions of employment and as well as mandatory bargaining topics that the County was duty-bound to bargain over.
The ALJ further found that the County engaged in bad faith bargaining when it refused to waver on its position, failed to substantively explain its rejection of the Union’s proposals, and failed to offer meaningful counterproposals. The ALJ also found that the execution did not constitute a waiver under ILRB precedent and issued a cease-and-desist order and directed the County to bargain in good faith over the Union’s proposals. The County filed multiple exceptions.
On appeal, the ILRB rejected the County’s argument that its bad-faith bargaining was merely lawful hard bargaining, explaining that the ALJ’s findings on the County’s refusal to waver on its position, failure to substantively explain its rejection of the Union’s proposals, and failure to offer meaningful counterproposals conclusively demonstrated its bad faith. In the end, the ILRB adopted the ALJ’s decision.
AFSCME Council 31 and The County of Warren, 40 PERI ¶ 119 (Ill. Lab. Rel. Bd., 2024).