Opinion

National Union of Hospital & Health Care Employees v. County of Cook

  • 295 Ill. App. 3d 1012
  • 230 Ill. Dec. 87
  • 692 N.E.2d 1253
  • 157 L.R.R.M. (BNA) 2941
  • 1998 Ill. App. LEXIS 150
Court
Appellate Court of Illinois
Filed
Mar 20, 1998
Status
Published
Author
Hoffman
On the bench
Hartman, Hoffman
Cited by
3 cases
Authority
More cited than 9.1%

The opinion

PRESIDING JUSTICE HOFFMAN, dissenting:

In this case, we are called upon to decide whether the Illinois Local Labor Relations Board (Board) erred in determining that attending physicians employed at Cook County Hospital (Hospital) are supervisors within the meaning of section 3(r) of the Illinois Public Labor Relations Act (Act) (5 ILCS 315/3(r) (West 1994)). Unlike the majority, I find that whatever direction the attending physicians give to subordinates at the Hospital is derived from their superior professional skills, experience, and medical expertise and does not rise to the level of supervision within the meaning of section 3(r) of the Act. See City of Freeport v. Illinois State Labor Relations Board, 135 Ill. 2d 499 , 554 N.E.2d 155 (1990). I, therefore, respectfully dissent.

The majority concisely stated its reasons for affirming the Board. I believe the reasons for my dissent to be no less concise, but I am limited to five pages of published opinion to state my position. See 166 Ill. 2d R. 23 (MR No. 10343, eff. July 1, 1994). In most cases, five pages are sufficient to set forth the reasons for a dissenting opinion; however, I find that adherence to that limitation in this case would prevent me from adequately presenting my position. Rather than stating the reasons for my dissent in conclusory terms, I will publicly register my disagreement with the conclusion reached by the majority and set forth the reasons for that disagreement in the unpublished portion of this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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