Background
The Lab School Education Association petitioned to represent 123 unrepresented employees working at Illinois State University’s Laboratory Schools and the Heart of Illinois Low Incidence Association (HILIA) program. HILIA is a joint educational program serving students with hearing and visual impairments across member school districts, including at the University’s Lab Schools.
The University objected to including 22 HILIA-program employees in the proposed unit. It argued that HILIA and the University jointly employed those workers and that they therefore required a separate bargaining unit absent the employers’ consent to a mixed unit of jointly and solely employed employees. The Illinois Educational Labor Relations Board rejected that argument, found the University to be the sole employer, and certified the 123-worker unit.
The Court’s Holding
The appellate court reversed under the clearly erroneous standard. Applying the joint-employer test, the court held that HILIA and the University shared or codetermined essential employment terms for the 22 HILIA-program employees.
HILIA approved positions and job descriptions, including anticipated work hours, qualifications, work locations, duties, and potential salary grades. HILIA also assigned employees to locations and courses, while its director—though employed by the University—supervised, evaluated, and initiated discipline of HILIA staff in her capacity as HILIA director. In addition, HILIA approved the budget supporting employee salaries and had to approve changes to that budget. The court concluded that meaningful bargaining over these employees could not occur without HILIA’s involvement. Because the record did not show HILIA consented to the mixed unit, the certification could not stand.
Key Takeaways
- Joint employment may exist where entities share significant control over different employment terms, even if one entity exercises greater overall control.
- A joint program’s authority over positions, assignments, salary-related budgets, and supervision can establish joint-employer status.
- A bargaining unit mixing jointly employed and solely employed workers cannot be certified without the relevant employers’ consent.
Why It Matters
The decision underscores that the formal payroll employer is not necessarily the sole employer for public-sector bargaining purposes. Entities participating in joint educational programs may be required at the bargaining table when they retain meaningful authority over staffing, assignments, and compensation-related funding.
The court reversed the certification order and remanded to the Illinois Educational Labor Relations Board for further proceedings consistent with its opinion.