Illinois Court of Claims Opinions
General Court of Claims
Download PDF

Cecil O. Gable v. State of Illinois

35 Ill. Ct. Cl. 167 Illinois Court of Claims Filed 1981-12-08 No. 78-CC-1313
Disposition: (No. 78-CC-1313-Claim denied.) Agency: Department of Personnel
Cite as: Cecil O. Gable v. State of Illinois, 35 Ill. Ct. Cl. 167 (1981)

CECIL 0. GABLE, Claimant, v. THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought compensation based on a different interpretation of prevailing rate policy. The court denied the claim, supporting the Department of Personnel's longstanding policy on rate effective dates.

Claim type: Employment Back Pay

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. T YRONE C. F AHNER, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel) for Respondent.
  2. CoNTuAcrs-claim contrary to policy of Department of Personnel-claim denied. The policy of the Department of Personnel with regard to union contracts and prevailing rates is that the rates time stamped before midnight of a quarter which have effective dates on or before said quarter are regarded as effective on that quarterly date and a claim presented to the I Court which is inconsistent with that policy would be denied.

CECIL 0. GABLE, pro se, for Claimant.

ROE, C.J.

This cause coming on to be heard on the Respondent’s motion to dismiss and the Court being fully advised in the premises finds that the Claimant’s position herein is contrary to the policy of the Department of Personnel as set forth by the director of personnel through his subordinates and which policy has been longstanding (since 1957).That policy, which this Court fully supports is basically as follows: [*168] 1. International unions submit contracts to the Department of Labor. 2. The Department of Labor applies its time stamp upon receipt of union contracts. 3. The Department of Labor forwards time stamped copies of contracts to the Department of Personnel. 4. The Department of Personnel edits the contracts to remove “pyramid” items and adjusts the hourly rates accordingly. 5. Prevailing rates which are time stamped before midnight of a quarter and which have contractually effective dates on or before said quarter are regarded to be effective on that quarterly date (January 1, April 1, July 1, October 1). 6. Prevailing rates which are time stamped after midnight of the appropriate quarter are held for release on the next quarter.

Example: A negotiated effective rate is April 1st. The time stamp is April 2nd. Release date by the Department of Personnel will be July 1st.

Because of the large number of employees involved in the many, many departments that comprise the State of Illinois, it is essential that the State have a consistent policy as regards employee compensation. It is the policy of this Court to support the director of personnel in the exercise of his prerogatives granted him by the legislature in the Personnel Code, which prerogative was exercised in the promulgation of the Rules set forth above.

It is therefore the finding of this Court that the claim herein presented is contrary to the policy set forth by the [*169] director of personnel and this claim must be and is hereby denied.

Official volume 35 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1982 – July 1, 1981–June 30, 1982; Fiscal Year 1983 – July 1, 1982 – June 30, 1983)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.