ILLINOIS - The University of Illinois Board of Trustees

202 BOARD OF TRUSTEES Februaxy 21
upon and diminish the right of the plaintiffs as members of a prevailing rate class.
Count I seeks a determination of the rights and duties of the parties under the
State Universities Civil Service System Act, a nullification of the agreements
entered into between the University with Local 321 insofar as they establish wage
rates other than the prevailing rates, and an injunction against the University and
Director Ward restraining them from bargaining with anyone other than Local
No. 6 as an affiliate of the Council as to the wages, hours, and conditions of em-
ployment for the plaintiffs as construction laborers at the University.
Count I1 of the complaint alleges that the Merit Board removed plaintiffs
from the category known as a “prevailing rate of wages” class on December 13,
1965, and designated construction laborers as a “negotiated” category without
notice to, and without the consent or approval of, the plaintiffs as construction
laborers at the University. The actions of the Merit Board in doing so are said to
violate the provisions of the State Universities Civil Service System Act and plain-
tiffs allege they did not learn of the actions of the Merit Board until Novernbpr 12,
1978. Count I1 seeks a declaratory judgment that the action of the Merit Board
in changing construction laborers from a “prevailing” class to a “negotiated” class
without the consent of the plaintiffs is void as violative of the Act. It also requests
that the Merit Board be ordered to designate construction laborers as a prevailing
rate class and be enjoined from directing or approving a wage rate for the class
that is other than the prevailing rate of wages.
Count 111 alleges that on or after April 18, 1977. Director Ward submitted to
the Merit Board, and the Merit Board approved, a schedule of wages for construc-
tion laborers at the University of Illinois Medical Center campus which were at
rates different from the “prevailing rate of wages,” thereby violating the State
Universities Civil Service System Act. Count 111 seeks a declaratory judgmmt that
these actions are improper and that the Merit Board be restrained from directing
the payment of any wage rate other than the prevailing rate of wages for the
category known as construction laborer.
Count IV is based on the provisions of Public Act 79-1091 (H.B. 622) enacted
in 1975. This Act provides that whenever “any State officer, agency, or authority”
employs an individual in a capacity of such a character as would be entitled to the
prevailing rate of wages under the State Personnel Code, the state officer, agency,
or authority is to pay that individual at the prevailing rate, notwithstanding the
nonapplicability of the State Personnel Code. It is alleged that construction or build-
ing laborers, as a class, have been designated under the State Personnel Code as a
prevailing rate class, and that the actions of the Merit Board and Director Ward
in recommending and approving the payment of a different rate ti plaintiffs
violate the 1975 statute. Count IV seeks a determination of the rights of the parties
under the 1975 legislation and an order requiring the Merit Board to direct pay-
ment of prevailing rates to the plaintiffs as construction laborers and enjoining
Director Ward from agreeing to the payment of any other rate than the prevailing
rate. The university counsel has recommended that he be authorized to take such
steps as are necessary or appropriate, including the employment of special counsel,
to protect the interests of the University in this matter, to defend the action and to
provide representation for Director Ward, if he so requests.
I concur.
The student advisory vote was: Aye, Miss Kooper, Mr. Sobotka, Mr.
Watson; no, none.
On motion of Mr. Howard, authority was given as recommended by
the following vote: Aye, Dr. Donoghue, Mr. Forsyth, Mr. Hahn, Mr.
Howard, Mr. Lenz, Mr. Neal, Mrs. Shepherd, Mr. Stone, Mr. Velasquez;
no, none; absent, Governor Thompson.