* Illinois’ Fifth District Appellate Court…

Held: The circuit court’s order dismissing plaintiffs’ complaint for declaratory judgment
is affirmed where the circuit court lacked subject matter jurisdiction.

Plaintiffs, consisting of 45 individuals employed by the Illinois Department of Corrections, appeal the trial court’s dismissal of their complaint for declaratory judgment based on the court’s lack of subject matter jurisdiction. For the following reasons, we affirm.

On April 14, 2022, plaintiffs filed their amended verified complaint requesting a declaratory judgment based on section 2 of the Department of Public Health Act (20 ILCS 2305/2 (West 2020)), against defendants, the Illinois Department of Corrections (IDOC) and the Illinois Department of Central Management Services (CMS). The complaint alleged that CMS managed the employment relationship with state employees on behalf of IDOC and Governor Pritzker demanded state employees be vaccinated or tested to limit the spread of COVID, “subject to bargaining.” The complaint alleged that plaintiffs’ union, the American Federation of State, County and Municipal Employees (AFSCME), engaged in interest arbitration with the State, which resulted in a final opinion and award as to how Governor Pritzker’s directive would be handled. The complaint further alleged that, pursuant to the final opinion, if state employees refused to submit to vaccination or testing, their livelihood was threatened as they could be placed on “no-pay administrative leave” into perpetuity or until the employee complied. […]

While plaintiffs claim the issue is one of statutory rights, the first count of their complaint requested a declaratory judgment stating that defendants had no lawful authority to compel plaintiffs to vaccinate or participate in testing. However, this issue, i.e., “the lawful authority of the employer,” was the basis of the December 29, 2021, interim interest arbitration award. In re Arbitration Between State of Illinois & AFSCME Council 31, No. S-MA- 22-121 (Dec. 29, 2021). The interim decision found it was “long and well established that governmental entities can mandate vaccinations.” […]

While plaintiffs claim the State violated their statutory rights under section 2 of the Health Act and their claims thereunder were not precluded by the arbitration award, we disagree. Plaintiffs’ argument ignores well-established law holding that waiver of a statutory right is a permissive subject of bargaining. […]

The default for any negotiation is that required by the statute; however, thereafter, “the Union may waive its rights on its own accord.” Accordingly, we find that plaintiffs’ claimed rights herein were waived pursuant to AFSCME’s request, and the State’s agreement, to submit the issue of mandatory vaccination to interest arbitration. Further, any dispute contesting the union’s waiver of the employee’s rights would be considered an “unfair labor practice” claim which lies within the province of the Illinois Labor Relations Board.

Tom DeVore and his firm filed this suit in Christian County last year.

…Adding… Here’s something I didn’t know. Darren Bailey walked away from his lawsuit against Gov. Pritzker last year…

12/13/2022
Entry Regarding Administrative Review

Case comes on for administrative review. Mr. DeVore was allowed to withdraw as attorney of record on 5/23/22 and Mr. Bailey was given 21 days to obtain new counsel. No attorney has entered their appearance nor has this case been prosecuted since April of 2022. The case is dismissed for want of prosecution. Case closed cause stricken.

Judge: GRISCHOW Reporter: N Clerk: N

Cause Stricken

Status: Cause Stricken Report: Terminated Dec 13, 2022

Civil Division Case Closed

Status: Cause Stricken Report: Terminated Dec 13, 2022