THIRD DIVISION

										June 19, 2002

No. 1-01-3767

In the Matter of:				)	Petition for Review

							)	of Order of the

GOVERNING BOARD OF THE SPECIAL	)	Illinois Educational

EDUCATION DISTRICT OF LAKE 		)  	Labor Relations Board.

COUNTY,						)  	

							)  	

	Petitioner-Appellants,		)

							)

		v.					)	

							)

SEDOL TEACHERS' UNION, LAKE		)	

COUNTY FEDERATION OF TEACHERS,	)	IELRB No. 2001-CA-0023-C

LOCAL 504, IFT-AFT, AFL-CIO, and		)

							)

		and	aA 					)

							)

THE ILLINOIS EDUCATIONAL LABOR	)

RELATIONS BOARD,	 			)

							)

	Respondents-Appellees.		)

	JUSTICE WOLFSON delivered the opinion of the court:

	On October 10, 2000, the Special Education District of Lake

County Teachers Union, Lake County Federation of Teachers, Local

504, IFT-AFT, AFL-CIO (Union) filed an unfair labor practice

charge against the Special Education District of Lake County

(SEDOL), alleging SEDOL violated Sections 14(a)(5) and 14(a)(1)

of the Illinois Educational Labor Relations Act (the Act), 115

ILCS 5/1, et seq. (West 2000), by refusing to bargain over a mandatory subject of bargaining: the wages, hours, and working

conditions of teachers serving on Local Professional Development

Committees (LPDCs).

	After conducting an investigation of the charge, the

executive director of the Illinois Educational Labor Relations

Board (IELRB) issued a complaint and notice of hearing on

November 6, 2000.  On January 22, 2001, both parties appeared at

a hearing in Chicago, Illinois. 

	On May 4, 2001, an administrative law judge (ALJ) of the

IELRB issued a Recommended Decision and Order (the ALJ's Order). 

The ALJ concluded SEDOL had violated Sections 14(a)(5) and

14(a)(1) of the Act by refusing to bargain with the Union about

the wages, hours, and working conditions of teachers serving on

LPDCs.  On August 31, 2001, the IELRB issued an Opinion and Order

affirming the ALJ's Order. 

	On appeal, we are required to determine whether the IELRB's

decision that SEDOL violated Section 14(a)(5) and, derivatively,

Section 14(a)(1) of the Act by refusing to bargain over the

mileage, release time, and stipends of teachers serving on the

LPDCs was clearly erroneous.  We affirm.

FACTS

The Parties

	SEDOL is an educational employer as defined in Section 2(a)

of the Act (115 ILCS 5/2(a) (West 2000)).  The Union is an

employee organization as defined in Section 2(c) of the Act (115

ILCS 5/2(c) (West 2000)), and the exclusive representative, as

defined in Section 2(d) of the Act (115 ILCS 5/2(d) (West 2000)),

of a unit consisting of all certified classroom and itinerant teachers and educators, speech therapists, prevocational

coordinators, social workers, educational diagnosticians, nurses,

and psychologists employed by SEDOL.

The Certificate Renewal Act -- The Creation of LPDCs

	On July 12, 1999, the process by which Illinois teachers

were granted renewal of their teaching certificates was amended

by Public Act 91-102 ("Certificate Renewal Act").  See 105 ILCS

5/21-14 (West 2000).  The Certificate Renewal Act was enacted in

an effort to enhance the knowledge, skills, and professionalism

of Illinois teachers.  105 ILCS 5/21-14(e) (West 2000).

	The Certificate Renewal Act provides that teachers who renew

their teaching certificates after February 15, 2000, will be

issued a standard certificate valid for only five years.  A

standard certificate may be renewed for additional five-year

periods, but only after teachers create and submit a "certificate

renewal plan" that explains how those teachers plan on engaging

in professional development and continuing education over the

next five years.  See 105 ILCS 5/21-14(b), 21-14(e) (West 2000).

	The Certificate Renewal Act requires Illinois school

districts and their respective collective bargaining

representatives to establish "Local Professional Development

Committees" to review and approve teachers' certificate renewal

plans.  Each LPDC must consist of at least three classroom

teachers, selected by the collective bargaining representative,

and two non-classroom teachers, selected by the school district.  See 105 ILCS 5/21-14(f) (West 2000).

	The law provides that each school district "shall be paid an

annual amount of not less than $1,000 for administrative costs

associated with conducting the meetings of the [LPDC]."  105 ILCS

5/21-14(k) (West 2000).

	The Illinois State Board of Education ("ISBE") issued

proposed rules implementing the Certificate Renewal Act in March,

2000.  The ISBE issued final rules, effective on August 14, 2000. 

Bargaining over the Certificate Renewal Act

	Before the effective date of the ISBE rules, beginning in

about September 1999, the Union made several requests that SEDOL

bargain over the working conditions of the teacher-members of the

LPDC.  Initially, SEDOL refused to bargain, pending adoption of

the final rules by the ISBE.  

	On June 1, 2000, the Union filed an unfair labor practice

charge against SEDOL, alleging its refusal to bargain constituted

a violation of Sections 14(a)(5) and (1) of the Act.  On July 5,

2000, the executive director dismissed that charge.  See Special Education District of Lake County, Case No. 2000-CA-0071-C, 16 PERI 1070 (Executive Director's Recommended Decision and Order,

July 5, 2000). 

	On October 26, 2000, the IELRB affirmed the dismissal,

finding the results of bargaining conducted before the adoption

of final rules by the ISBE would be of uncertain validity, and

might have to be renegotiated.  See Special Education District of Lake County, Case No. 2000-CA-0071- C, 16 PERI 1086 (IELRB Opinion and Order, October 26, 2000).  The IELRB concluded SEDOL

did not violate the Act because bargaining was not possible

before issuance of the ISBE's final rules. 

	After the final rules became effective, in August and

September of 2000, SEDOL and the Union exchanged correspondence

about scheduling a meeting to discuss development of the LPDCs. 

On October 10, 2000, the Union filed a second unfair labor

practice charge alleging SEDOL: "[o]n August 24, 2000, and at all

times thereafter, refus[ed] to bargain over teacher

recertification."

	On October 16, 2000, the parties met to negotiate teacher

recertification issues.  The Union presented four proposals.  The

first proposal was a statement of mutual understanding that the

parties would negotiate over the other three proposals.  The

second proposed four LPDCs and described the teachers they would

serve.  The third suggested the Union president appoint to each

LPDC three classroom teachers who would serve one-year terms.  

	The fourth and final proposal concerned the working

conditions and terms of employment of LPDC members.  The Union

proposed the teacher LPDC members receive mileage at the rate

specified in the collective bargaining agreement for other

travel, up to six days of release time that may be taken in

half-day increments, and a $250 annual stipend as compensation

for work performed outside of the work day.  This final proposal is the center of the dispute between the parties.

	SEDOL's Director of Human Resources responded to the Union's

first three proposals.  He said he would discuss the fourth

proposal, but would not offer a counter-proposal or negotiate

over it.  He gave two reasons for his refusal to bargain: the

proposal did not affect the terms and conditions of employment of

any SEDOL employees and the "Effect of Agreement" clause in the

Agreement waived any bargaining obligations over this issue if

one otherwise existed.  Only the first reason is relevant to this

appeal.

	The Union refused to bargain further on anything unless

SEDOL agreed to negotiate the Union's fourth proposal.  At the

end of the meeting, SEDOL's Director of Human Resources told the

Union of the statutory requirement for the SEDOL Executive Board

to convene the first LPDC meeting by November 1, 2000.  He gave

the Union the names of the Administrative Representative and

At-Large Representative appointed by SEDOL.  However, the Union

refused to assign any Union representatives to the LPDCs until

further negotiations took place. 

	In a letter dated October 25, 2000, SEDOL notified the Union

that if the Union did not appoint its volunteer members to the

LPDC by the first LPDC meeting on November 1, 2000, SEDOL would

inform certificate renewal applicants that, pursuant to ISBE

guidelines, lack of any action by the LPDC would constitute a

denial of their applications.  The individual teachers could then appeal to the Regional Professional Developmental Review

Committee if they so chose.

	On November 1, 2000, SEDOL's Executive Board convened the

first LPDC meeting, as required by Section 5/21-14 of the

Illinois School Code (105 ILCS 5/21-14 (West 2000)), but took no

action because the Union had not appointed its volunteer members. 

	Although SEDOL has since requested on several occasions that

the Union appoint its members to the LPDC, the Union has

continued to refuse to do so.

The Administrative Proceedings

	On May 4, 2001, the ALJ found SEDOL violated Sections

14(a)(5) and 14(a)(1) of the Act by refusing to bargain with the

Union about the terms and conditions of employment of teachers

serving on the LPDCs.

	In deciding whether SEDOL violated the Act, the ALJ first

determined whether the time and expense teacher-members incurred

while serving on LPDCs constitute a mandatory subject of

bargaining.  To answer that question, the ALJ looked to the

Illinois Supreme Court decision in Central City Education Ass'n v. IELRB, 149 Ill. 2d 496, 599 N.E.2d 892 (1992). 

	Central City set forth a three-part balancing test to determine whether a given issue must be bargained.  The first

part of the test examines whether the matter concerns "wages,

hours and terms and conditions of employment."  Central City, 149 Ill. 2d at 523.

	Before the ALJ, SEDOL contended the matter did not involve

wages, hours, and terms and conditions of employment because

LPDCs are separate entities from the school district.  According

to SEDOL, service on the LPDC does not impact a teacher's terms

and conditions of employment at SEDOL.  SEDOL said a teacher's

voluntary service on the LPDC is not controlled or directed by

SEDOL and is not directly for the benefit of SEDOL or its

students.  It is the Union that determines which teachers will

serve on the LPDC, said SEDOL.

	The ALJ noted the IELRB had considered and rejected SEDOL's

contentions in a prior action where the Union sought an

injunction.  The IELRB had concluded "the terms and conditions of

teachers serving of the LPDC clearly constitute 'wages, hours and

terms and conditions of employment.' "  (Special Education District of Lake County, Case No. 2001-CA-0023-C, 17 PERI 1006 (IELRB Opinion and Order, October 10, 2000)): 

	"Whether an employee volunteers for a position is irrelevant

in determining whether a matter is a mandatory subject of

bargaining.  School districts and their unions routinely

bargain over pay for those voluntarily serving as club

sponsors and members of important school committees.  In

few, if any, of these situations are employees ever required

to be committee members or club sponsors.  Volunteering for

a duty does not preclude mileage and/or compensation for

that duty.  Employers and employees are free to bargain about wages, hours and working conditions for these

'volunteers.' "

	The IELRB then said: 

	"Although LPDCs do not report directly to their respective

boards of education, teacher-members of these committees are

nonetheless employees serving their employer.  The

teacher-members of the LPDC are selected because they are

employees of the respective districts and remain so while

they undertake the tasks assigned to the LPDC."  Special Education District of Lake County, Case No. 2001-CA-0023-C, 17 PERI 1006 (IELRB Opinion and Order, October 10, 2000)).

	After finding the matter concerned wages, hours, and terms

and conditions of employment, the ALJ addressed the second part

of the test: "Is the matter also one of inherent managerial

authority?"  Central City, 599 N.E.2d at 905. 

	SEDOL did not contend before the ALJ that the terms and

conditions of teachers serving on the LPDC involved matters of

inherent managerial authority.  Instead, SEDOL's defense against

the Union's unfair labor practice charge was that LPDCs are

independent entities SEDOL does not govern or control.  

	The ALJ found that because the terms and conditions of

employment of teacher-members of LPDCs are not matters of

inherent managerial policy, the Central City analysis ended there:

	"The subject matter of this dispute constitutes wages, hours and terms and conditions of employment and does not involve

matters of inherent managerial authority -- thus, it is a

mandatory subject of bargaining." 

	Because of the ALJ's answers to the first two parts of the

Central City test, there was no need to reach the third part -- weighing the benefits bargaining would have for the decision-

making process against the burdens bargaining would impose on the

employer's authority.  Central City, 149 Ill. 2d at 523.

	On August 21, 2001, the IELRB issued an Opinion and Order

adopting the ALJ's findings of fact and affirmed the ALJ's Order. 

This appeal followed.

DECISION

STANDARD OF REVIEW

	Our review of the IELRB's decision is governed by the

Administrative Review Law (735 ILCS 5/3-101 et seq. (West 2000)).  820 ILCS 405/1100, 2205 (West 2000).  The scope of our review

extends to all questions of law and fact presented by the record

before the court.  735 ILCS 5/3-110 (West 2000).  The applicable

standard of review, which determines the degree of deference we

give to the agency's decision, depends on whether the question

presented is one of fact, one of law, or a mixed question of law

and fact.  City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 204-05, 692 N.E.2d 295 (1998).

	This case presents a mixed question of law and fact and,

pursuant to the supreme court's decision in City of Belvidere, the deferential "clearly erroneous" standard of review applies.  

	"[W]hen the decision of an administrative agency presents a

mixed question of law and fact, the agency decision will be

deemed 'clearly erroneous' only where the reviewing court, on the

entire record, is 'left with the definite and firm conviction

that a mistake has been committed.'  ([Citation omitted.])  That

the clearly erroneous standard is largely deferential does not

mean, however, that a reviewing court must blindly defer to the

agency's decision."  AFM Messenger Service, Inc. v. The Department of Employment Security, 198 Ill. 2d 380, 395, 763 N.E.2d 272 (2001). 

	We now consider the merits of this appeal.

MANDATORY SUBJECT OF BARGAINING

	Section 10(a) of the Act requires educational employers and

employee representatives "to meet at reasonable times and confer

in good faith with respect to wages, hours and other terms and

conditions of employment."  115 ILCS 5/10(a) (West 2000). 

	Section 14(a)(1) prohibits educational employers from

"[i]nterfering, restraining or coercing employees in the exercise

of the rights guaranteed under this Act."  115 ILCS 5/14(a)(1)

(West 2000).  In addition, Section 14(a)(5) prohibits educational

employers from: 

	"Refusing to bargain collectively in good faith with an

employee representative which is the exclusive

representative of employees in an appropriate unit, including but not limited to the discussing of grievances

with the exclusive representative ***."  115 ILCS 5/14(a)(5)

(West 2000).

	SEDOL contends the IELRB erred in concluding a teacher's

"voluntary service" on an LPDC is a term and condition of

employment with SEDOL.  "[V]oluntary service on a non-school

district committee is not a labor issue," says SEDOL, "rather it

is one of licensure between the [Union], its members and the

STCB/ISBE as to how the [Union] members intend to comply with the

Act."  According to SEDOL, it did not violate the Act by refusing

to negotiate in good faith because a teacher's voluntary service

on a non-SEDOL committee is not a mandatory subject of

bargaining.	

	The IELRB disagrees.  It says the Union's fourth proposal

requesting mileage, release times, and stipends for teachers

serving on the LPDC is a mandatory subject of bargaining because

it concerns wages, hours, and other terms and conditions of

employment.  Affirming the ALJ, the IELRB also relied on Central City.

	Here, as it did before the IELRB, SEDOL puts all its eggs in

one basket: the first part of the three-part Central City test.  SEDOL says a teacher's service on the LPDC does not affect a

teacher's terms and conditions of employment as a SEDOL employee

because: (1) LPDCs are a separate entity from school districts;

(2) service on LPDCs is voluntary; (3) the LPDC is not controlled or directed by SEDOL; (4) the functions of the LPDC involve a

teacher's licensure and are not directly for the benefit of SEDOL

or its students; and (5) the teachers are selected for service on

the LPDC by the Union, not by SEDOL. 

	SEDOL does not address the second and third parts of the

Central City test.  Nor will we.

	We agree with the IELRB.  Although LPDCs do not report

directly to the school districts or cooperatives they serve, the

teacher-members of an LPDC retain their roles as employees of

that school district or cooperative while serving on an LPDC. 

That is because the school district and cooperatives are required

to create, establish, and implement LPDCs using three of their

own employees/teachers.  See 105 ILCS 5/21-14(f) (West 2000)

(each LPDC must consist of at least three classroom teachers,

selected by the collective bargaining representative, and two

non-classroom teachers, selected by the school district).  

	We also conclude the IELRB was correct when it found "the

licensure issues with which SEDOL's LPDC will deal are limited to

those concerning SEDOL's teachers."  See 105 ILCS 5/21-14(e)(4)

("A certificate renewal plan must initially be approved by the

certificate holder's [LPDC]").  Thus, said the IELRB, "an LPDC is

an outgrowth of the school district or cooperative that it

serves."  By serving on an LPDC, teachers perform a function that

benefits their specific employer and allows that employer to

fulfill its statutory obligations.  Consequently, "service on an LPDC is a function of teachers' employment."

	With regard to SEDOL's contention "[V]oluntary service on a

non-school district committee is not a labor issue," the IELRB

correctly found that whether an employee volunteers for a

position is irrelevant in determining whether a matter is a

mandatory subject of bargaining.  Teachers volunteering for a

duty do not preclude mileage and/or compensation for that duty. 

Employers and employees are free to bargain about wages, hours,

and working conditions for these "volunteers."  See, e.g., West Chicago School Dist. 33 v. Illinois Educational Labor Relations

Board, 218 Ill. App. 3d 304, 578 N.E.2d 232 (1991) (pay for teachers' extracurricular activities constitutes wages, hours,

and terms and conditions of employment).

	Simply put, recertification is a term and condition of a

teacher's employment.  Without recertification, there is no

employment.  The statutory scheme sets out a system for ensuring

recertification is accomplished in ways consistent with the

State's educational mission.  The purpose of recertification is

to enhance the knowledge, skills, and professionalism of

teachers.  105 ILCS 5/21-14(e) (West 2000).  We do not see how it

can be said, as SEDOL does, there is no direct benefit to school

districts that employ the recertified teachers.

	Our review of the entire record does not leave us with the

definite and firm conviction that a mistake has been committed. 

See AFM Messenger Service, 198 Ill. 2d at 395.  We agree with the IELRB: Under the first part of Central City, "The mileage, release time, and stipends received by teachers who serve on

LPDCs are matters of wages, hours and terms and conditions of

employment."  

	"Determination of whether specific issues are mandatorily

bargainable or not is best left to the [IELRB], which has the

knowledge and experience to balance the equities in a given

case."  Central City, 149 Ill. 2d at 522.  Considerable deference must be given to the IELRB because of its expertise in

educational labor matters.  Decatur Federation of Teachers v. Illinois Educational Labor Relations Board, 199 Ill. App. 3d 190, 197, 556 N.E.2d 780 (1990); Decatur Board of Education, District No. 61 v. Illinois Educational Labor Relations Board, 180 Ill. App. 3d 770, 775, 536 N.E.2d 743 (1989).  To do otherwise would

transform appellate review into trial de novo.  Such a result would substitute the court's general knowledge for the expertise

required of IELRB members.  Decatur Board of Education, 180 Ill. App. 3d at 775.  

	We hold the IELRB was not clearly erroneous in finding the

mileage, release time, and stipends received by teachers serving

on LPDCs constitute a mandatory subject of bargaining.

CONCLUSION

	We affirm the IELRB's decision.

	Affirmed.

	HALL, P.J., and CERDA, J., concur.