Illinois Public Employee Relations Report
Now available online, all back issues available in open access format
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The Illinois Public Employee Relations Report is published quarterly by Chicago-Kent College of Law, Institute for Law and the Workplace and the University of Illinois School of Labor and Employment Relations to provide education services to labor relations professionals in Illinois.
The Illinois Public Employee Relations Report provides current, nonadversarial information to those involved or interested in employer-employee relations in public employment. The authors of bylined articles are responsible for the content and for the opinions and conclusions expressed.
The Illinois Public Employee Relations Report is now available at no charge. To be notified of new issues of The Report as they are published in the new open access format, submit your email via the contact form at blogs.kentlaw.iit.edu/iperr/
You can find the complete archives of the Illinois Public Employee Relations Report on Chicago-Kent’s Scholarly Commons at https://scholarship.kentlaw.iit.edu/iperr/. Digitized copies of back issues have been added to this archive, from 1986 to 2017. New issues will also be archived in this repository under our open access format.
If you experience problems with the website, please contact the Institute for Law and the Workplace Program’s Associate, Tristan Kirvin at firstname.lastname@example.org.
Regular Features in Each Issue of the Report
Recent Developments: Written by the student editorial board; highlights recent legal developments under the Illinois Public and Educational Labor Relations Acts and, where warranted and space permits, other legal developments of interest to the public sector labor relations community, such as Fair Labor Standards Act, Equal Employment Opportunity laws and First Amendment issues.
Volume 35 (2018)
Issue 1: A Fresh Look at Title VII: Sexual Orientation Discrimination As Sex Discrimination, by Anthony Michael Kreis, Visiting Assistant Professor of Law Chicago-Kent College of Law
Issue 2: Where do We Go From Here? Martin Luther King, Jr's Labor Legacy and the Current Attacks on Public Sector Unions, by Dr. Stephanie Fortado, Lecturer the University of Illinois Labor Education Program
Issue 3: Evidence-Based Funding: A Primer on the Illinois Education-Based Funding For Student Success Act, by Robert E. Bloch, Partner, Dowd Bloch Bennett Cervone Auerbach & Yokich, A. Lynn Himes, Scariano Himes & Petrarca, Therese L. Hodges, Partner, Hodges Lozzi Eisenhammer Rodick & Kohn, LLP, and Mitch Roth, Illinois Education Association-NEA. Contributors:Barbara Erickson, Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP, and Jack Vrett, Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP
Issue 4: Managing Public Employee Speech in the Age of Social Media - Instituting Policies Regulating Public Employee Conduct while Balancing Access to the "Democratic Forums of the Internet" by Roxana M. Underwood, Clark Baird Smith
Volume 34 (2017)
Issue 1: The AFSCME - State of Illinois Negotiations: Traveling to Uncharted Waters, by Martin H. Malin, Professor of Law and Director of the Institute for Law and the Workplace at Illinois Tech Chiicago-Kent College of Law
Issue 2: LGBT Rights: Gender Identity and Sexual Orientation in the Workplace, by Taylor E. Muzzy, Partner, Jacobs, Burns, Orlove and Hernandez
Issue 3: Article on FOIA and Labor Relations, by Jeffrey M. Brown, Of Counsel with Ancel Glink Diamond Bush DiCianni and Kraftheffer
Issue 4: Public Employee Speech: Answering the Unanswered And Related Questions in Lane v. Franks, by John E. Rumel
Volume 33 (2016)
Issues 1 & 2: Illinois Public Pensions: Where to from Here, by Eric Madiar of Government Affairs Consultant & Regulatory Counsel Madiar Government Relations, LLC
Issue 3: Police Body Cameras: Do Illinois Public Employers have a Duty to Bargain Over their Use? by James Powers, Partner in the law firm of Clark Baird Smith, LLP
Issue 4: Labor-Management Cooperation in a Fire Department Closure: The Highwood Story by Thomas M. Melody, partner with the law firm of Klein,Thorpe and Jenkins, Ltd.
Volume 32 (2015)
Issue 1: Illinois Votes for Change: So What Kind of Changes Can We Expect?, by James C. Franczek, Jr., Laura E. Knittle and Patrick M. DePoy
Issue 2: Let's Make a Deal (or Not): Does the General Assembly's Appropriations Power Limit the Governor's Ability to Engage in Meaningful Collective Bargaining, by Stephen A. Yokich of Cornfield & Feldman
Issue 3: The Changing Landscape and Future of Labor Relations: A View from Organized Labor, by Robert Bruno
Issue 4: Conducting Independent Research: Should an Arbitrator Look Beyond the Record of the Law?, by Thomas Sonneborn, Attorney and Arbitrator in Illinois
Volume 31 (2014)
Issue 1: Same-Sex Marriage: Employment and Benefits Issues for Public Sector Employers, by Andrew Malahowski and Jeff Nowak both of Franczek Radelet
Issue 2: The Future of Public Sector Bargaining: One Decision to Undo Them All, by Maragret Angelucci of Asher, Gittler & D'Alba, Ltd. and Susan M. Matta of Carmell, Charone, Wifmer, Moss & Barr
Issue 3: Pension Reform Law, by Eric M. Madiar, Chief Legal Aid Counsel to Illinois Senate
Issue 4: The Workplace Bullying in the Spotlight, by Gary Bailey of the Illinois Fraternal Order of Police Labor Council
Volume 30 (2013)
Issue 1: Turmoil in Public Sector Labor Law, by Martin H. Malin, Professor of Law and Director of the Institute for Law and the Workplace at IIT Chicago-Kent College of Law.
Issue 2: Union Dues in the Public Sector: Legislative Changes and Legal Challenges, by Ann C. Hodges, Professor of Law, University of Richmond.
Issue 3: Chicago Math and Science Academy: Are Charter Schools Public or Private Under the NLRA, and Does it Matters?, by Stanley B. Eisenhammer and Christopher M. Hoffmann of Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP.
Issue 4: The Scope of Judicial Review of Public Sector Arbitration Awards, by Gilbert A. Cornfield, Esq., Cornfield and Feldman LLP
Volume 29 (2012)
Issue 1: Education Reform in Illinois: Making Performance Count, by James C. Franczek, Franczek Radelet, and Amy K. Dickerson, Associate, Franczek Radelet
Issue 2: SB 7: A Union Perspective, by Mitchell Roth, Illinois Education Association
Issue 3: Multi-Year Collective Bargaining Agreements and the AFSCME/State of Illinois Dispute, by Tamara L. Cummings, General Counsel, Illinois Fraternal Order of Police, and John H. Kelly, Attorney, Ottosen, Britz, Kelly Cooper, Gilbert & DiNolfo, Ltd.
Issue 4: An Economic and Empirical Analysis of the Two Views of Public Sector Collective Bargaining in American Public Policy, by Kenneth G. Dau-Schmidt, Professor of Labor and Employment Law, Indiana University Maurer School of Law
Volume 28 (2011)
Issue 1: Multiemployer Bargaining in the Public Sector: Is The Time Right?, by Kenneth E. Edwards, Field Attorney/Organizer, I.U.O.E. of Local 150 AFL-CIO.
Issue 2: Recent Legislative Changes Affecting Illinois Public Pensions: Do these "reforms' address the real problem?, by Anita Tanay, Jacobs, Burns, Orlove & Hernandez.
Issue 3: Health Care Reform: Implications for Collective Bargaining in the Public Sector, by Andrew A. Malahowski of Franczek Radelet.
Issue 4: A New Look at "Supervisors": Is Illinois Following The National Trend?, by James J. Powers of Clark Baird Smith, LLP
Volume 27 (2010)
Issue 1: Ricci v. DeStefano: What It Means for Public Employers, by Ronald Kramer of Seyfarth Shaw, LLP.
Issue 2: Labor Relations in Hard Times, by Michael J. Duggan and Julie E. Lewis, Partners, of Klein, Thorpe & Jenkins, Ltd., and Mallory Milluzzi, Law Clerk, Klein, Thorpe & Jenkins, Ltd.
Issue 3: The Fate of Arbitration Agreements after 14 Penn Plaza LLC v Pyett, by Librado Arreola of Asher, Gittler, Greenfield & D'Alba, Ltd.
Issue 4: Public Sector Furloughs: Player Perspectives, Strategies, and Grounds for Challenge, by Ryan Shannon, Associate Attorney, Dickenson Wright PLLC, Lansing, Michigan.
Volume 26 (2009)
Issue 1: Recent Changes to Special Education Law and the Impact on Collective Bargaining, by Colleen F. O'Keefe, Franczek Radelet, PC
Issue 2: Brave New Workplace Genetic Discrimination, by Lewis Maltby, National Workrights Institute
Issue 3: Recent and Potentially Forthcoming Developments in Federal Regulation of the Workplace, by J. Stuart Garbutt, Meckler, Bulger & Tilson LLP
Issue 4: School Boards' Adverse Employment Actions Against Superintendents: An Empirical Analysis of the Case Law, by Betty Cox, Assistant Professor of Educational Studies, University of Tennessee at Martin and Perry Zirkel, University Professor of Education and Law, Lehigh University
Volume 25 (2008)
Issue 1: Family Responsibilities Discrimination: The Next Frontier in Public Sector Employment Law, by Consuela A. Pinto, Senior Counsel, Center for Work Life Law
Issue 2: Survey of Recent Legislation Affecting Police Officers and Firefighters, by Bruce C. Beal, Claudon, Kost, Barnhart, Beal & Walters
Issue 3: Labor Relations Issues in the Public Sector Electronic Workplace, by Susan J. Willenborg, Associate General of the Illinois Educational Labor Relations Board
Issue 4: Caught in the Web: On and Off-Duty Use of Computers, by Paul Klenck, Deputy General Counsel, Illinois Educational Association, NEA
If you would like to join an on-line discussion about this article and you have a Facebook profile, please click here:
https://www.facebook.com/pages/Illinois-Education-Association/3110543 2855#/topic.php? uid=31105432855&topic=6299
Volume 24 (2007)
Issue 1: The Changing Nature of Pension Plans and Retiree Medical Benefits: What the Private Sector Experience Portends for the Looming Crisis in the Public Sector, by Robert C. Long, Little Mendelson, PC
Issue 2: Public Employees' First Amendment Rights in the Wake of Garcetti v. Cellabos, Employee Perspectives, by J. Stuart Garbutt, Meckler, Bulger & Tilson, LLP and Stephen A. Yokich, Cornfield & Feldman
Issue 3: Dismantling the Public Sector Pension "Crisis," by Jourlande Gabriel, Director, Illinois Retirement Security Initiative Center for Tax and Budget Accountability
Issue 4: Psychological Evaluation in Labor Arbitration, by Arbitrator Sara Jay and Dr. Patricia Aletky
Volume 23 (2006)
Issue 1: Health Insurance Trends in Interest Arbitration, by Gary Bailey, Illinois Fraternal Order of Police Council
Issue 2: The Fire Department Promotions Act, by Karl R. Ottosen and Matthew Roeschley, Ottosen, Trevarthen, Britz, Kelly & Cooper Ltd.
Issue 3: Last Chance Agreements: Shape Up or Ship Out, by Barry Simon, Arbitrator, NAA
Issue 4: The Injured Public Employee: Accidental Injuries in the Public Workplace, by Arnold G. Rubin
Volume 22 (2005)
Issue 1: The Conundrum of Leave, by Claire A. Manning, Posegate & Denes, P.C.
Issue 2: Overtime Wages and the Suffer or Permit to Work Standard under the Fair Labor Standards Act, by Robin Potter, Robin Potter & Associates
Issue 3: The Potential Implications of the University of Michigan Cases on Public Sector Employment: Opening Up Leadership in the Public Sector Workplace?, by Vickie Gillio, Northern Illinois University and Laura H. Anderson, Assistant General Counsel, Northern Illinois University
Issue 4: Privatization of Public Educational Services: , by Arbitrators Rochelle Gordon and Brian Clauss The Application of the Doctrine of Successorship in the No Child Left Behind Era
Volume 21 (2004)
Issue 1: Arbitral Standards for Deciding Non-Economic Impasse Issues, by Arbitrator Harvey Nathan
Issue 2: Illinois Public Employee Unions Get the Card Check As An Alternative Method of Gaining Recognition, by Gilbert Feldman of Cornfield & Feldman andThe Illinois Public Sector "Card Check" Legislation: A Cure in Search of a Problem, by R. Theodore Clark, Jr. of Seyfarth Shaw, LLP
Issue 3: Recently Enacted Laws that Impact Public and Private Sector Workplaces, by Carl S. Tominberg, Jill P. O'Brien and Mary-Frances Ryan of Laner, Muchin, Dombrow, Becker, Levin & Tominberg, Ltd.
Issue 4: What a Mess! The FMLA, Collective Bargaining and Attendance Control Plans, by Arbitrator Jeanne M. Vonhof and Professor Martin H. Malin, IIT/Chicago-Kent College of Law.
Volume 20 (2003)
Issue 1: Protecting Workplace Security After September 11th: The Ongoing Need for Collective Bargaining in the Public Sector, by Pasquale A. Fioretto and Patrick N. Ryan, Baum Sigman Auerbach Neuman & Katsaros, Ltd.
Issues 2 & 3: The Early Years of the Illinois Educational Labor Relations Board (1984-1992) Parts I & II , by Gerald Berendt, Professor of Law, The John Marshall School of Law in Chicago, Illinois.
Issue 4: What's Left of the ADA?, by Laurie Burgess, Partner, Katz Friedman Eagle Eisenstein & Johnson
Volume 19 (2002)
Issue 1: Public Policy Challenges to Arbitration Awards in the Public Sector Under Illinois Law: Illinois Lets Loose the Unruly Horse, by Robert Long, Seyfarth Shaw
Issue 2: Wimping Out: Practicing Arbitrators Look at Reinstatement Without Backpay, by Daniel Nielsen, Christine VerPloeg and James Martin
Issue 3:An Arbitrator's Duty to Provide a Fair and Adequate Hearing: An Historical Perspective, by Harvey A. Nathan
Issue 4: Bargaining Implications of the No Child Left Behind Act, by Michael A. Loizzi, Jr., Penny Upton, and John Di John, Jr.
Volume 18 (2001)
Issue 1: New Approaches to Compensation for Teachers, by Michael Kiser, General Counsel, Naperville School District 203, Fred B. Lifton, Partner, Robbin Schwartz Nicholas Lifton & Taylor, Ltd., and Tracy Billows, student Chicago-Kent College of Law.
Issue 2: How Do Civil Service Disciplinary Hearings and Labor Arbitration of Discipline Cases Co-exist?, by Joel A. D'Alba, Asher, Gittler, Greenfield & D'Alba.
Issue 3: Emerging Trends in Public Sector Interest Arbitration: Employee Residency Rules, by James A. Spizzo and Charis A. Runnels, Vedder, Price, Kaufman & Kammholz.
Issue 4: Labor Management Cooperation: Key to Organization and Employee Success, by William K. Strycker, Madison Area Technical College.
Volume 17 (2000)
Issue 1: The Illinois Supreme Court's Stahulak Decision Establishes A Further Departure Under The IPLRA From the Federal Model in Duty of Fair Representation Cases, by Gilbert Feldman, Cornfield & Feldman
Issue 2: Coming Together to Address Student Aggression and School Safety, by William Kling, Ancel, Glink, Diamond, Bush, DiCianni & Rolek, P.C.
Issue 3: Employment Disputes After Sutton and Murphy: Are the Courts Losing Sight of the Purposes of the ADA?, by Arbitrator Lisa Salkovitz Kohn
Issue 4: Individual Contracts Rights For School Employees, by Paul R. Klenck, Deputy General at the Illinois Education Association
Volume 16 (1999)
Issue 1: Disability Issues in Arbitration, by Stephen Rubin, Arbitrator
Issue 2: Sexual Harassment Developments in the Law, by Professor Mary Rose Strubbe, Chicago-Kent College of Law
Issue 3: Union Power, Collective Bargaining, and Illinois Public Pensions, by Hank Scheff, AFSCME Council 31
Issue 4: Minimizing the Potential Litigation Risks of Today's Electronic Workplace, by Craig R. Thorstenson and Gary N. Savine, Matkov, Salzman, Madoff & Gunn.
Volume 15 (1998)
Issue 1: When Can a Public Employee Take Employment Disputes to Court, and Out of the Collective Bargaining Arena? With Stahulak and Mahoney, The Illinois Courts Inch Closer To Adopting the Federal Model, by James Q. Brennwald, Assistant Corporation Counsel, City of Chicago.
Issue 2: Family and Medical Leave Act: Recent Developments in the Courts and Arbitration by, Felicitas Berlanga, Associate General Counsel, Illinois Education Association.
Issue 3: Information Disclosure in Illinois Public Sector Labor Relations by, A. Lynn Himes and Sarah E. Joyce of Scariano, Kula, Ellch & Himes.
Issue 4: A Practical Approach to Selecting Comparable Communities in Interest Arbitration Under the Illinois Public Labor Relations Act by, Edwin H. Benn, Arbitrator.
Volume 14 (1997)
Issue 1: The Fair Labor Standards Act: DOL's Salary Basis Test and Its Impact on Public Sector Employers by, Gia Morris, Assistant Corporation Counsel, City of Chicago.
Issue 2: New Developments in Public Sector Arbitration -- The New Trilogy and Much Ado About Nothing by, Gregory J. Malovance and Margaret R. Gibbs of Winston & Strawn.
Issue 3: Violence in the Workplace: An Employer's Potential Liability and How to Reduce that Exposure by, Lawrence J. Casazza and Barry J. Shulock of Vedder, Price, Kaufman & Kammholz.
Issue 4: A Comparison of Interest Arbitration in Protective Services and Teacher Bargaining: A Case Study by, arbitrator Robert "Rocky" Perkovich.
Volume 13 (1996)
Issue 1: School Reform and Labor Relations: Can Both Go Forward in Chicago? by, James C. Franczek, Jr. and Patricia M. Trainor of Franczek, Sullivan, Mann, Crement, Hein, Relias.
Issue 2: Drug Testing and Collective Bargaining in the Public Sector: The Impact and Limits of the Department of Transportation Regulations by, Elizabeth A. LaRose of Baum, Sigman, Auerbach, Pierson & Neuman Ltd.
Issue 3: Discipline for Off-Duty Conduct: Can (And If So, When Should) Big Brother Watch? by, Steven Mark Bierig of Katten, Muchin & Zavis.
Issue 4: Traps for the Unwary Employee: The Intersection of the ADA, FMLA, SSA and Workers' Compensation Acts by, Mary Rose Strubbe, Assistant Director of the Institute for Law and the Workplace, Chicago-Kent College of Law
Volume 12 (1995)
Issue 1: "Reflections of the Ten Year Anniversary of the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act," by, Joel A. D'Alba, Asher, Gittler, Greenfield, Cohen & D'Alba.
Issue 2: "Extending Family Benefits to Employees' Domestic Partners: A Retrospective," by, Steven Briggs, Associate Professor of Industrial Relations, DePaul University.
Issue 3: "Should We Appeal: An Analysis of Ten Years of Court Review of Illinois Public Employee Bargaining Board Decisions," by Edward B. Miller, Seyfarth, Shaw, Fairweather & Geraldson.
Issue 4: "Trends in Illinois Interest Arbitration," by, Thomas F. Sonneborn, Illinois Fraternal Order of Police Labor Council.
Volume 11 (1994)
Contained articles discussing health insurance reform, the impact of the Supreme Court's Hicks and Hazen Paper decisions on EEO litigation, dismissal of tenured teachers for failure to remediate performance deficiencies, and a retrospective of the first ten years under the Illinois public employee bargaining statutes from a management perspective.
Volume 10 (1993)
Contained analyses of the effects of the Illinois Supreme Court's decision in Central City School District v. IELRB written from union and management perspectives, a discussion of standards for deferral of unfair labor practice charges to arbitration, an analysis of the impact of the ADA on collective bargaining, and a discussion of sexual harassment issues, with particular emphasis on how the issues are handled in grievance arbitration by arbitrator Lisa Kohn.