Opinion

County of Cook v. Illinois Local Labor Relations Board

  • 189 Ill. App. 3d 1057
  • 141 Ill. Dec. 236
  • 551 N.E.2d 229
  • 1990 Ill. App. LEXIS 211
Court
Appellate Court of Illinois
Filed
Feb 16, 1990
Status
Published
Author
Coccia
On the bench
Coccia
Cited by
9 cases
Authority
More cited than 9.2%

The opinion

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

PRESIDING JUSTICE COCCIA delivered the opinion of the court:

On July 20, 1989, County of Cook, Cermak Health Services (Cook County), filed a petition for rehearing. We subsequently ordered briefing. General Service Employees Union, Local 73, SEIU, AFL-CIO, filed its answer in opposition to the petition on August 18, 1989; on August 21, 1989, the Local Labor Relations Board (board) filed its answer. Cook County’s reply to the answers was filed on September 1,1989.

In the petition for rehearing, Cook County reargues points raised in its supplemental response. As noted in our opinion of June 30, 1989, we granted Cook County leave to file the supplemental response after oral argument, when we raised sua sponte the issue of whether its appeal had been taken in a timely fashion. We addressed the points Cook County now reargues in that opinion and see no reason to revisit them here. Indeed, Hlinois Supreme Court Rule 367(b) forbids reargument in petitions for rehearing. See 113 Ill. 2d R. 367(b).

In addition, however, Cook County argues a new point in its petition for rehearing. Cook County now urges that its petition for review was timely filed when measured by the board’s own rules. Supreme Court Rule 367(b) likewise provides for rehearing on only those “points claimed to have been overlooked or misapprehended by the court” in its original opinion. (See 113 Ill. 2d R. 367(b); see also People v. Mallett (1970), 45 Ill. 2d 388, 397-98 , 259 N.E.2d 241, 246 .) Cook County failed to advance this contention in its supplemental response, although it had the opportunity to argue whatever points it wished regarding the jurisdictional question we raised. As Supreme Court Rule 367(b) does not permit either the argument of new points on rehearing, or reargument, Cook County’s petition for rehearing must be denied.

Petition denied.

MURRAY and PINCHAM * , JJ., concur.

Justice R. Eugene Pincham participated in this case prior to his resignation, which participation included concurrence in the majority opinion filed on June 30, 1989, and the order denying the petition for rehearing filed on November 13, 1989, and approval of the supplemental opinion filed herein.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.