McHenry Co. (ECWd)
We reported on the Algonquin Township Road District Appeal hearing last week in this article. As we pointed out, the court confirmed there were first impression matters in the case however the ruling made was not one that establishes case law. The court stated "This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1)."
The Illinois Appellate Court, 2nd District issued their decision yesterday. Reading the decision provides a lot of information that was not discussed during the oral arguments as those were restricted to 15 minutes each with a final 5 minutes for the Road District.
One thing that jumped out at us that we were not aware of was the jurisdiction matter of this case pertaining to the Illinois Public Labor Relation Act. The court ruled that "The circuit court lacked jurisdiction to hear the alleged unfair labor practice violations, and therefore it properly granted the motion to dismiss."
We have confirmed there are, and have been for some time, two cases before the Illinois Labor Relations Board who the courts confirmed is the appropriate jurisdiction as it relates to the alleged unfair labor practice claims.
The question several people have raised is when do the terminated employees get their jobs back? There is no ruling from any court on that point. As we understand the process, the next steps are for the Illinois Labor Relations Board to make their determination.
We will provide another article focusing on the FOIA and OMA elements of the courts decision as there are key points the public should be aware of.
You can read the decision below or download at this link.