In boxing the decision reversing a hearing officer’s finding in favor of Local 150 of the Operating Engineers against Algonquin Township Road Commissioner Andrew Gasser would probably be called a technical knockout.
Immediately upon taking office at 7 AM on a May morning, Gasser reputiated the labor bargaining agreement signed by former Road Commissioner Bob Miller after he lost the Republican Primary Election to Gasser, but before he left the office he had held since the early 1990’s.
The labor union immediately went to the Illinois Labor Relations Board for relief.
The hearing officer found Local 150’s arguments persuasive, but the Board concluded that Gasser attorney Robert Hanlon’s argument that Gasser had not been properly served with the paperwork significant enough to set aside the hearing examiner’s finding.
“We find that the Highway Department, the current named respondent, was not properly served with the complaint.
“Because application of Section 1220.40 (b)(3) assumes proper service of the complaint, that Section’s provisions cannot trigger the admission of the allegations in the complaint, thereby vitiating the recommendation for default judgment.”
“We are very pleased with this ruling and we will keep moving forward at the highway department for the taxpayers of Algonquin Township. I will direct all questions to Mr. Robert Hanlon,” Gasser said.