monitoring their subordinates work their go number three by deduction the executives can only perform supervisory functions simple remedial math twenty five percent of the crime which is not a preponderance of there and therefore they are to be included in the bar the syllogism like most syllogisms fails due to a new role in his premise i that the executives assignment and monitoring of subordinates work it's not hope i reckon close quote on yet half our premises is clearly erroneous and it gets to manifest weight of the evidence both factually and legally let me take the legal aspects first for you and go through a few this briefly go through a few of the who are left to man and be in charge of the police facilities in the city of reporting a work or or supervisors all or not under the n and that court said briefly discharging in addition to their authority to discipline the ranking officers are also solely responsible for managing and directing the operation of the freeport police department during their s discipline their subordinates that's exactly what we're talking about here and to ensure that the patrol officers are properly performing their jobs exactly what we have here in this capacity the ranking officers represent the interests of the chief piece of feet the patrol officers and are not simply the members of the team who give routine instructions the responsibility for directing again directing the officers and for managing the last will most significantly in the late evening in the early morning hours there are no personnel with forty higher than the ranking officer on duty if the ranking officers are not supervised and the report police department operations currently without consistently show independent judgment we are assuming the secretary says these are the employees you have this is when you open this is when you close this is how you get a driver's license exam this is really a driver's license looks like the first of elation is its respect in the sun page five of our brief but i want to very important with with respect to the surveys and supporting exhibits we stipulate those as join law that we have to apply you're talking about independent judgment system to exercise that independent judgment and actually making input choosing between two would not have that experience but i kind of running sure they just wanted to address one of the issues on that but that all of the evidence is set forth in the job description which actually should determine if as well as i'm about them there's an administrator a deputy director and a director of driver service and i haven't actually reviewed those three classifications of ploys above the exact reason for this but it may be that those in the supervisors managers are confidential what was their motivation to do the motivation was that the general assembly explicitly sought to extend bargaining rights privately in the primary basis that they did that in the primary distinction between the and all are a definition of the supervisor and the i p l r a v illinois definition of supervisors this preponderance for bar so not only do they have to perform one of one or more of those eleven and the rated functions but in addition to that they have to spend a preponderance of their time devoted to those functions so mr vining pointed out they can issue oral and written reprimand but then the general assembly goes one step further and for non police and poise they have to spend a majority of their time both supervisor performing directions ok very bad outsiders might think well that's right makes them a supervisor but they're not because of this term of art so the specific examples and there were a few off that were actually given from the employer's case but the few examples they said that these exact ones and to schedule employees for time off and they claim that that constitutes the supervisor interaction but then if you dig into the facts if you look into the collective bargaining agreement that governs the subordinates if you but there again the collective bargaining agreement ties these exact ones into his hands and says that overtime must be proportioned out on a rotating seniority basis so there again there's this what lay person may call supervisory the labor board found was that most of that three thousand pages of documents they called it singularly and how they cited a case of saying that this is going through and saying they direct that's the least helpful type of evidence going through and saying that they evaluate that's the least claim constitutes direction here's some examples from that three thousand page document there isn't enough from one of these exact ones into saying nobody touch the thermostat i'm because i guess the employees were turning up turning it down turning up that's not independent fashion that's routine that's clear there isn't even out from an exact one or two saying don't polish on your nails at your work station hardly the exercise of independent judgment that that is not one that as far as to theorize about what would be a significant matter frankly no great examples come to mind but what they have are not significant matters and they search certainly don't show that these folks in a preponderance of their employment time gage but about the fundamental problem that they are telling other people what to do and what to do here this looks like someone who's in charge of firefighters and knew them they were assigning work in duties assigning tasks they were transferring them when they thought they were there or staffing needs changed however the court of period with the board that it was merely routine in clerical nature because of the nature of the direction and force the facility in general but then the testimony implied any examples or meter of concrete explanation of what witness marriage what kind of directions going to even get actually purpose question to explain that they were directing with it the consisten asked well when they signed work what is duty can they do it outside of the job to see how they do it actually is a question they did through their job descriptions and the witness admitted that they couldn't go outside the job descriptions and other than the job descriptions and just assigned work based on the staffing levels and the workflow and whether or not there wa longer line of one desk person is another task so the board faced here was a just a complete lack of evidence of any sort of exercise of the use of independent sort of supervision supervisory activity of the direction with the use of independen