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IL DOC is Not a Joint Public Employer
The Illinois Department of Corrections (DOC) farms out its
prisoner-medical-services to subcontractors such as Wexford Health Sources,
Inc. (Wexford). During an unfair labor practices case before the State
Labor Relations Board (Board), the American Federation of State, County and
Municipal Employees (Union) sought to represent Wexford employees. The
Board denied that Union's request to represent the Wexford employees, and
the Union appealed. The state appellate court reversed, and the Board
appealed.
On appeal, the Supreme Court of Illinois found that 5 Ill. Comp. Stat. Ann.
§ 315/1 et seq. would allow the Union to represent the Wexford employees
against the DOC only if the DOC was a joint public employer of those
employees. The Court then held that since Wexford made all of the hiring,
firing and management decisions where its employees were concerned, the DOC
didn't exercise sufficient control over them to be a joint public employer
of them under § 315/1 et seq. Thus, the Court reversed the appellate court
and reinstated the Board's decision. See: American Federation of State,
County and Municipal Employees v. Illinois State Labor Relations Board, 216
Ill. 2d. 839 ( Ill. 2005).
prisoner-medical-services to subcontractors such as Wexford Health Sources,
Inc. (Wexford). During an unfair labor practices case before the State
Labor Relations Board (Board), the American Federation of State, County and
Municipal Employees (Union) sought to represent Wexford employees. The
Board denied that Union's request to represent the Wexford employees, and
the Union appealed. The state appellate court reversed, and the Board
appealed.
On appeal, the Supreme Court of Illinois found that 5 Ill. Comp. Stat. Ann.
§ 315/1 et seq. would allow the Union to represent the Wexford employees
against the DOC only if the DOC was a joint public employer of those
employees. The Court then held that since Wexford made all of the hiring,
firing and management decisions where its employees were concerned, the DOC
didn't exercise sufficient control over them to be a joint public employer
of them under § 315/1 et seq. Thus, the Court reversed the appellate court
and reinstated the Board's decision. See: American Federation of State,
County and Municipal Employees v. Illinois State Labor Relations Board, 216
Ill. 2d. 839 ( Ill. 2005).
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Related legal case
American Federation of State, County and Municipal
| Year | 2005 |
|---|---|
| Cite | 216 Ill. 2d. 839 ( Ill. 2005) |
| Level | State Supreme Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |