The fight between Local 150 of the International Union of Operating Engineers began at the beginning of term of upset winner of the Republican Party Primary Election Andrew Gasser.

As his first official act, he fired both of predecessor Bob Miller’s sons-in-law, as well as the recently-hired former Democratic County Board member Gasser previously unseated–all determined part of the Local 150 bargaining unit pursuant to the contract that Miller signed after being defeated and just before leaving office.

The three whose employment were terminated are

• Andrew Rosencrans, Bob Miller son-in-law
• Derek Lee, Bob Miller son-in-law
• Nick Chirikos, an entry level employee and former Democratic Party County Board member hired after Bob Miller’s primary election loss

Playing with a home court advantage, Local 150’s attorneys tenaciously pursued their quarry.

And, July 1, 2020, Illinois Labor Relations Board Administrative Law Judge Sharon Purcell gave the union victory.

Despite the handcuffing of much of Gasser’s reform agenda during his entire term and the beginning of his successor’s, the contract was found to be as good as law.

Gasser’s attempt to repudiate the contract Miller signed was not susutained.

This how Purcell concluded her opinion:

I find the Road District’s defenses in this case were not made in good faith and did not represent a “debatable” position, and it made denials without reasonable cause and found to be untrue. Accordingly, pursuant to Section 11 of the Act and Section 1220.90 of the Rules and Regulations, I grant the Union’s request to strike the denials made without reasonable cause and found to be untrue and also grant its request for costs and reasonable
attorney’s fees as a sanction.

Accordingly, pursuant to Section 11 of the Act and Section 1220.90 of the Rules and Regulations, I grant the Union’s request to strike the denials made
without reasonable cause and found to be untrue and also grant its request for costs and reasonable attorney’s fees as a sanction.

VI. Conclusions of Law

Respondent, Algonquin Township Road District, violated Section 10(a)(4) and, derivatively, (a)(1) of the Act when it repudiated and sought to invalidate, in whole, the parties collective bargaining agreement in response to grievances filed by Local 150 on behalf of its bargaining unit members.

VII. Recommended Order

The Road District is hereby ordered to:

If the parties cannot agree to an amount which represents reasonable attorney’s fees, this amount will be determined through compliance proceedings.

1. Cease and desist from:
   a) Failing and refusing to bargain in good faith with International Union of Operating Engineers, Local 150, AFL-CIO.
   b) Repudiating the collective bargaining agreement with the effective date of May 1, 2017, between Algonquin Township Road District a/k/a Algonquin Township Highway Department and International Union of Operating Engineers, Local 150, AFL-CIO.
   c) In any like manner restraining or coercing employees in the exercise of the rights guaranteed them by the Act.
2. Take the following affirmative action necessary to effectuate the policies of the Act:
   a) Bargain collectively in good faith with the International Union of Operating Engineers, Local 150 by abiding by the terms of the parties’ collective bargaining agreement, including its grievance procedure provision.
   b) Make whole all employees covered by the terms of parties’ collective bargaining agreement for losses incurred as a result of the violation of Section 10(a)(4) and (a)(1) by Respondent Algonquin Road District a/k/a Algonquin Township Highway Department as found herein, including lost wages and benefits, with interest computed at the Act’s statutory rate of seven percent per annum.
   c) Reimburse the Union for its costs and reasonable attorney’s fees in pursuing this matter.
   d) Post for 60 consecutive days, at all locations where such informational notices are posted, copies of the Notice attached to this document. Respondent will take reasonable efforts to ensure that the notices are not altered, defaced or covered by any other material.
   e) Notify the Board in writing, within 20 days from the date of this decision, of what steps Respondent has taken to comply herewith.

Gasser was represented by attorney Robert Hanlon.