Algonquin Township Road Commissioner Andrew Gasser Rebuts Local 150 Arguments

Bob Miller

Andrew Gasser

Last week, Algonquin Township Road Commissioner Andrew Gasser replied to the latest court filing by Local 150 of the Operating Engineers effort seeking to enforce the 5-year contract that Bob Miller, the man Gasser beat, signed just before going out of office.

With a four-year term, Gasser’s attorney Robert Hanlon argues that the contract was more than a little unfair because,if enforced it would vitiate the April 2017, election results.

Attorney Robert Hanlon points out the union’s memo argues the lack of notice to successor Gasser, but that it admits (on page 5) “the issue is whether Mr. Miller had the authority to negotiate and execute the purported agreement.”

Gasser submits that the contract could not be executed without approval of the Algonquin Township Board.

First Hanlon makes the point that the filing of Local 150 violates a rule in such suits.

Then, he argues that Miller did not have authority to put the union agreement in force without approval of the Algonquin Township Board of Trustees.

Hanlon points out the lack of the citation of specific authority for the Road Commissioner to independently approve union contracts.

“No sections even remotely authorize or obligate the highway commissioner to negotiate or execute a collective bargaining agreement without the Board’s approval–which Local 150 has urged.”

The Gasser brief next sets out that the contract “must be voided in part because its term extended beyond Miller’s final day in office.”

The following paragraph sums up the new Road Commissioner’s position:

The next point made is that the Open Meetings Act was violated because it was not subject to public scrutiny.

That part of the Open Meetings Act prohibiting “final action” from being taken in a closed meeting is referenced.

Addressing arbitration, the brief says, “Arbitration under a secret contract is contrary to law and public policy.”


Comments

Algonquin Township Road Commissioner Andrew Gasser Rebuts Local 150 Arguments — 25 Comments

  1. Reduce the bargaining unit to below the lower limit needed to establish itself (I believe that is 12) and the union is decertified.

  2. “In 2005 the Illinois Public Labor Relation Act was amended by reducing the minimum number of employees that a unit of local government must employ in order to be subject to the Illinois Public Labor Relations Act (IPLRA or “the act”) from 35 to 5.”

    source:

    Ancel Glink

    Labor Law for Public Employers, Large and Small

    by Stewart Diamond, Margaret Kostopulos, and Donald Anderson

    2013 Edition

    http://www.ancelglink.com/Resource/Download/1

    ++++++++++++++

    That was House Bill 2577 (HB 2577), signed into law as Public Act 93-1080 (PA 93-1080) on January 21, 2005 by Democrat Governor Rod Blagojevich.

    +++++++++++

    Then 63rd District State Representative Jack Franks, representing western McHenry County, voted yes for House Bill 2577.

    Jack Franks has received over $1 million in contributions from organized labor (labor union locals, state affiliates, labor councils, trade councils, etc.).

    Much of that $1 million came from outside of McHenry County.

  3. The Swamp taking care of its own.

    Clearly the ability of Miller to negotiate and sign a binding agreement in the dark of night at the close of his term defies common sense and legality.

    Andrew is a fighter and his efforts have exposed the shenanigans.

    Now up to us to continue what Andrew has started and fight back,

    I have lost hope that the NW Herald will actually report given their lack of curiosity has exposed them as partisan thus far.

  4. Once Miller lost…..he shouldn’t have been able to make any of these type decisions.

    Just like him selling vehicles and buying the street sweeper.

    Once he lost, those type of things should be frozen till next guy takes over.

  5. With Hanlon as the lawyer, the Union won’t be pushing Andrew to do anything he doesn’t see fit to do.

  6. Check all Amazon purchases as well ?

    $10,000’s of thousands personal purchases
    Along with what you have in hand

    Very sad for
    All

  7. Why doesn’t Gassbag just make all of the employees independent contractors like Bob Miller is now for Tin Can in Nunda.

    Why would Tin Cup make Miller a contractor…

    So his buddy can have his pension and eat it too.

    It would be interesting to see what how much Nunda taxpayers are shelling out to train Uncle Bobby.

    You’d think with his years of experience no training would be necessary.

    Wait…

    Nunda taxpayers are paying to train a contracted consultant?

  8. The road commissioner is king he does not need board approval for anything.

  9. When will 150 elect Bobby “The Rat” Miller there local President?!

    Are they afraid he’d steal from them?

  10. Not exactly; the budget process can constrain much of the discretionary authority of the Highway Commissioner.

    The question is how many full time employees a re required during the non-plow season.

    Contractors do this work all over the country, you do not need full time, year round employees to plow snow.

    Reduce the number of year round employees to below the number needed for a bargaining unit.

  11. Charles did you read what Mark posted, 5 is the min number.

    I live on one of those roads and already just the lose of the three is noticeable.

    Work can’t keep being put off without the cost going up.

    There is a point when not fixing whatever can become a dangerous deal.

    If you want to play games to try and get rid of the union that is your business, but don’t tread on township road residents safety.

  12. The independent contractor designation is a red flag for unemployment and others.

    You are not an independent contractor driving around township trucks and using township tools and materials.

    Bob Miller is working as a consultant to help with turnover at Nunda.

    Hiring contractors to fix roads and snowplow will be more costly as they are required to pay employees prevailing wage which is higher than the municipal union wage.

  13. The only difference between a Road Commissioner and God is that one of them has a truck.

    The Road Commissioner can do whatever he wants.

    He is Road Commissioner until the term ends.

    Fair or not.

  14. this blog hates posting my comments because I am so determined on exposing the corruption of the millers and the officer of the court.

    we must not allow them to get away with the crimes that knowingly committed I truly believe that when the people intrust you with the best interest of the people, you don’t ever profit from it IE vacations,shopping sprees , hidden surveillance at your home(officer) of the court, driveways t

  15. we need a federal investigation, oh we already have one, bye bye crooks

  16. If Miller is “helping with turnover” at Nunda, why is Tin Cup spending an absurd amount to pay for his training?

    We are all fools.

  17. Nob:

    Union representation of public sector employees has nothing to do with public safety or condition of the roads.

    By your own admission the union boys in Algonquin are not doing the job well and therefore should be replaced by results oriented workers as opposed to the current group hiding their overpaid laziness behind a union.

    Hire contractors; if they do well, give them the next job; if not, they never get another contract.

  18. Charles you are reading in something that had nothing to do with my point.

    Mark pointed out 5 to break the union, I’m sayimg that isn’t enough to get the needed work done.

    Even with the three missing they are behind.

    That is not a comment in support of unionization.

    Work already is contracted out, but much of the work is done cheaper in house.

    If you are saying that isn’t true you have no clue.

    It’s OK to change management, elected or appointees, but regular employees just doing their jobs no.

    Your drain the swamp nonsense has gone to far and that’s why they unionized.

    Thanks for adding to may costs friend.

  19. Buzz off Gadfly this my roads and $$$ not yours that is at issue.

  20. Nob, please.

    When in history have unionized government employees done anything better or with higher value that competitive private contractors.

    The only time Algonquin Township needs more than 4 employees is to plow during storms.

    A smart highway commissioner can manage and supervise contractors as well as the overly protected government workers.

  21. Charles please read for content, I’m not praising unions, i’m talking about the need for ten full time workers.

    I worked for a munciple in public works for 35 years and know what costs and work loads are even for Alg twh.

    A experienced leader can manage, in experienced like there is now not so much.

    I can tell Andrew is trying his best, that I respect, but his inexperience is a issue.

    Enough of a issue that Miller almost won.

    IMO, had there been a experienced candidate running the vote gap would of been greater to replace.

    Private for cutting grass and a few other defined jobs, but not day to day work, that is done cheaper in house.

  22. I wonder why nob thinks he OWNS the roads.

    He must be the only person in this township that pays for HIS roads.

    The man is a complete idiot!

    I wonder when he is going to institute tolls for my driving on HIS roads.

    I wonder why I live in this township and paid taxes for forty-three years to this township – yet I don’t own any roads.

    Charles!

    Don’t even try to talk to this union idiot!

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