Board-erline Violations

A Day With the Illinois Education Labor Relations Board

Last November, a suburban school district and its teachers’ union came before the Illinois Educational Labor Relations Board (the IELRB). Conflicted over terminating healthcare for employees who were on strike, they appealed to the board to resolve their dispute.

With the decision that there was no basis on which to stop the district from terminating health insurance immediately, the IELRB ordered the case to a full evidentiary hearing.

Because an employee must be in a union to bring allegations to the Board, all cases that come before the Board involve a union, even if one of the parties is not included in one. It deals with unfair labor practice cases against both unions and employers, of minority interest, and of fair share between workers.

According to Chairwoman Andrea Waintroob, the IELRB is the state agency enforcing the Illinois Educational Labor Relations Act, which determines the right of educational employees to organize and negotiate with their employers. The IELRB investigates, hears, and judges unfair labor practices; assists parties engaged in negotiation; and oversees the process of voting to join a union.

“I handle unfair labor practice cases, which can be a strike, a discharge, or bargaining,” Administrative Law Judge Ellen Strizak said. “And sometimes I handle representation cases. When a union files a petition to represent a group of education employees, sometimes the employer will agree to it and there won’t be an issue, but sometimes there is if they’re supervisors, confidential employees or managerial employees.”

The monthly IELRB meeting started with a motion from Waintroob and continued with seconds from members as they dove into their first case for the day. On April 19, the Board’s first case led to a discussion of  whether or not a university changed the way it processes employees’ grievances.

While many of the cases before the Board involve charter or public schools, Parker is one of the rare private schools that have a union. Other private schools have one on one negotiations with their employers, while Parker teachers have contracts that are negotiated as a group and don’t need revisions for another six years.

According to Strizak, a major change since she started in 2002 has been the introduction of the majority interest petition. In the past, a secret ballot election determined whether a group of employees should organize into a union or join an already existing union. Under certain circumstances now, they can join simply by submitting signature cards of a majority of the group of employees requesting that the whole employee group be included in the union. This process is easier for the unions as well as for the Administrative Law Judges.

Comprised of five members appointed by the Governor (previously Quinn and now Rauner) and confirmed by the state Senate, the IELRB decides whether or not the Illinois Educational Labor Relations Act has been violated by employers or unions, and makes the determination based on a hearing of the allegations. All cases are ultimately resolved, ending in an official posting of the violation and/or fixing the complaint as if one party never had anything bad happen to them or any action taken against another.

Strizak, along with IELRB members, meets one day a month to discuss various cases in which one party has accused another of violating the Illinois Educational Labor Relations Act. Seated in a U-shape around three tables, IELRB members discussed the cases and shared their concerns at their Chicago Loop location on LaSalle. The open-to-the-public board meeting’s audience comprised of five members, two of which work in the building

Former U.S. Representative and Board Member Judy Biggert’s background in Congress has prepared well her for decisions surrounding labor practices. According to Biggert, her appointment to the IELRB is partly due to the difference in perspective her party gives. “One funny thing is in 1985, I had just finished being on the school board, and I got a phone call that said they had a new agency, and if I may be interested, and they asked if I was a Democrat,” Biggert said. “I said, ‘No, I’m a Republican,’ and they said they were looking for a Republican, and it was this board. My background gives me a lot of knowledge of what goes on here.”

Seated at the edge of the U-shaped table, Strizak leads the discussion on the next two cases, both of which end in consensus of the board members to adopt and move on. If one of the parties involved disagrees with the Board’s decision, they can finle and appeal at the Illinois Appellate Court.

16-year Administrative Law Judge John Brosnan has not seen many changes in labor laws over the years. “Not so much has changed in the law itself but the way it’s practiced, so it goes up and down and depends on the economy,” Brosnan said. “When the economy is tighter, and people fight over it more, you have more acrimonious disputes, and when things are better, they don’t fight as much and reach agreements faster.”

Biggert agrees, looking ahead to the gubernatorial election. “Both Rauner and Pritzker are similar in that their background is different than most governors that we have had that have been more political than these two,” Biggert said. “It depends on who we elect. I think unions will continue, and I think that’s a good thing.”

While Biggert’s position on the IELRB has seen little change, Brosnan’s and Strizak’s positions have evolved over the years to include more responsibilities as they’ve become impartial in the decision process, rather than an advocate for one side. “As an attorney there’s different little things that will come up in the agency, so I’m really advising the IELRB what to do on each case, figuring out the decision, and writing it up,” Brosnan said. “My favorite part is that it’s like a puzzle to figure out cases. You’re figuring out what decision to make, so it’s a fair decision for all sides.”

“I like the dealing with the people part of my job,” Strizah said. “It’s nice to see people work well with other people to resolve disputes,” Strizak said. “I think we see that a lot here and are more likely to see that than if we’re in another administrative agency and that wasn’t an institution that works together all the time and know each other.”

While Strizak, Brosnan, and Biggert all have varied responsibilities on the Board, they hope to continue through the various changes of labor law and court hearings. “You see the same people again and again, and they have relationships, and we have relationships with them. That’s something I like, seeing how people work things out.”

At the end of the day, the problems that stem from unfair labor practices and negotiations are outweighed by the benefits of a teachers union, according to Upper School Science Teacher and Union Member John Paul Iacconiani. Iacconiani previously worked at a school without a union and recognizes how the rules and negotiations were taken advantage of. “The union ensures equity in the way teachers are paid and for their  responsibilities,” he said. “With one on one negotiations, there weren’t proceeds that guaranteed fairness in the way you were treated, that’s upsetting. By having a union, you have the leverage to work towards something that is equitable and fair.”