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Federal Bureau of Prisons: The Second Chance Act of 2007 and The Sheridan Project

Update: July 27, 2008 

The budget cuts Governor Blagojevich has implemented will increase recidivism in Illinois. On or about July 3, 2008, meetings were held in Chicago at the Thompson building and in Springfield at the Stratton building about these budget cuts. Some of the budget cuts effect special populations, such as domestic violence, jail diversion and reentry, TANF, male re-unification initiative, female criminal justice, ATC work release, mental illness and substance abuse and youth services. Other non-core/non-treatment dollars would be eliminated or reduced by 50% or more.

Governor Blagojevich has proposed that $55 million dollars be removed from the recovery and treatment community. This budget cut will also lose $55 million dollars from the Federal government, which is matching dollars. This loss of $110 million dollars to programs that for years have been providing substance abuse recovery and treatment services in Illinois will not reduce recidivism, but rather, will create more reentry into our jail and prison systems. This will also create more crime in our communities because there will be no service for those who are addicted to drugs and alcohol, which will also be serviced by more criminal thinking and behaving.

To support the above, on or about July 10, 2008 the Illinois Alcohol and Drug Dependence Association reports Governor Blagojevich made good on his threat to make line item vetoes and reductions to the proposed fiscal year 2009 budget. Without any rationale, he slashed the addiction treatment services line from $86,599 million to $43,299 million, a 50% reduction. He also eliminated the 2.78 million form the welfare reform project and the 9.05 million to treat special populations. The cuts to our existing treatment service system total $55,129 million. He also vetoed the $3 million increase approved by the General Assembly this past session.

The Sheridan Project at Sheridan Correctional Center is Governor Blagojevich’s proposed model for the country, to which he claims, will reduce recidivism. Illinois Governor Rod Blagojevich suggests the Sheridan Project at Sheridan Correctional Center is working to reduce recidivism. Only 10% of the 3 million+ allocated to Sheridan Correctional Center has been designated to be cut by Governor Blagojevich. What makes Governor Blagojevich think his “pet” project will reduce recidivism by keeping Sheridan Correctional Center open with prevention and intervention services slashed, along with aftercare being diminished? This is an outrage.


Update: July 22, 2008

Governor Blagojevich seems to be mum on budget cuts in Illinois. Will he cut the budget of his "National Model", the Sheridan project at Sheridan Correctional Center? WestCare Foundation, Inc. has the contract to provide counseling services to inmates at Sheridan Correctional Center. WestCare's contract total in Illinois for fiscal year 2008 is $3,900,000.00.

Update: July 17, 2008
 
An essay on "Institutional Racism and Indifferent Treatment in the Criminal Justice System and the Illinois Department of Corrections" coming soon.

July 8, 2008
 
Federal Bureau of Prisons
VaNessa P. Adams, Senior Deputy Assistant Director
Central Office – Program Review Division
320 First Street NW
Washington, DC 20534

CERTIFIED MAIL DELIVERY

Re:       The Second Chance Act of 2007 – Illinois’ Sheridan Correctional Center

Ms. Adams:

I, Fred L Nance Jr., am writing this letter suggesting the Federal Bureau of Prisons consider rescind or reduce any funding and/or deny any future funding to Governor Blagojevich’s Sheridan Project in Illinois. I base this suggestion upon the content of this letter, the letter written to Governor Blagojevich on May 12, 2008 (attached), the letter written to President George W. Bush on May 16, 2008 (attached) and all statements written by me on my blogs, and public news and community websites. The letters attached demonstrate a program lacking integrity, honesty, restorative justice and a true reduction in recidivism. The Sheridan Project does not and will not reduce recidivism. The Sheridan Project data provided to support a reduction in recidivism is manipulated.

The Second Chance Act of 2007 (“The Act”) has a total annual authorization of $165 Million Dollars. A brief purpose of “The Act”, as it relates to Sheridan Correctional Center (Sheridan), is to break the cycle of criminal recidivism and to provide offenders in prisons…with educational, literacy, vocational and job placement services to facilitate re-entry into the community. Sheridan does not provide “meaningful and adequate” services to meet the criteria of “The Act”. The lack of services mentioned here provided to the inmates of Sheridan mirror my experiences illustrated in the letter I presented to Governor Blagojevich dated May 12, 2008, which has been ignored by his administration.

WestCare Foundation, Inc., the company contracted at Sheridan to provide counseling services to the inmates, hired a black male Director Harold Parker. Mr. Parker attempted innovative changes to Sheridan to provide optimal and comprehensive services to the inmates, promoting restorative justice, a reduction in recidivism, and staff adjustment and assimilation to the cultural differences and similarities of inmates and peers. Sheridan Correctional Center and WestCare Foundation, Inc. management forced Mr. Parker to relinquish his employment at Sheridan.

On April 9, 2008 President Bush signed into law the Second Chance Act of 2007. On July 9, 2008 provisions related to the Bureau of Prisons will take effect. On October 9, 2008 “The Act” will take effect. The U.S. Department of Justice will have jurisdiction over all the programs except Section 212. The U.S. Department of Labor will have jurisdiction over Section 212.

The taxpayers, who are paying the $165 Million Dollar bill for “The Act”, are hoping the Second Chance Act of 2007 will reduce recidivism. The taxpayers would hope the people implementing the funds and those entities providing the services are not practicing racial disparities and indifferent treatment. Criminal thinking and behaving happens in and outside of jail. Criminals cannot watch criminals.

Therefore, I hope this brief letter does not fall on deaf ears. I believe there is integrity, honesty and sincerity in the Federal Bureau of Prisons. I believe the U.S. Department of Justice wants to reduce recidivism. I believe in reducing recidivism. I am a product of the Second Chance Act of 2007.

I have been treated by the Illinois Department of Corrections and WestCare Foundation, Inc. as if “The Act” does not exist. If I am treated as illustrated in the letters attached, with what I have accomplished in the last 16 years, the past- present- and future inmate population at Sheridan will produce just what they see in the ones who are guarding and counseling them, which is criminal thinking and behaving.

The Sheridan Project is not reducing recidivism. A lot of people talk to me that provide services to previous Sheridan residents. A parole officer attempted to share with a group of social service professionals at a meeting I attended that Sheridan was manipulating the data to suggest a reduction in recidivism. The parole officer tried present his evidence based allegation. He met strong opposition to his statements from a TASC provider at Sheridan who attended the meeting. I question people who refuse to examine empirical data.

When I was working at Sheridan, no employee in the institution matched my academic achievements and empirical experiences. I was ignored, dishonored and disgraced for attempting to provide comprehensive and optimal service toward restorative justice and reducing recidivism. The Second Chance Act of 2007 suggests a theory of comprehensive and optimal services toward restorative justice and reducing recidivism.

Respectfully submitted,

Fred L Nance Jr., ABD, MA, CADC, NCRS

cc:

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Black in America

Watch this program on Wednesday, July 23rd & Thursday, July 24th, 2008 on CNN. http://www.cnn.com/SPECIALS/2008/black.in.america/
 
Why Is It???
Marian Wright Edelman
Why is it that a Black Man can create a tiny piece called a filament (electric light - Lewis Latimer) that allows people to see in the dark; but can't be seen fit to lead a country to the true light?

Why is it that a Black Man can create an instrument (clock - Benjamin Banneker) that all people use to tell time; but people don't think it is time for him to run a country?

Why is it that a Black Man can design a place for the high authorities to meet in & a place for the President to live in (The Capitol & the White House - Phillip Reid (a slave) & Pierre L'Enfant); but not good enough to lead these meetings or live in himself?

Why is it that a Black Man was brilliant enough to do the first open heart surgery (Dr. Daniel Hale Williams) and show the world how to get and preserve plasma (Dr. Charles Drew); but not good enough to put a program in place where everyone can afford this surgery?

Why is it that a Black Man was creative enough to design an instrument (traffic light - Garrett Morgan) to bring multiple people (traffic) to a halt; but not seen creative enough to design a plan to bring all this unnecessary and worthless fighting between countries to an end?

Why is it that a Black Man could create the soles (shoes - Jan Matzeliger) that people Walk on everyday; but not seen good enough to fill the shoes of a bad president?

Why is it that a Black Man was smart enough & brave enough to teach himself (Frederick Douglas & Thomas Fuller - both slaves) and others how to read, write and/or calculate math; but not seen (as) smart enough and bold enough to calculate a platform to be President to a country that sure needs another first by us?

So you see my Brothers and Sisters what I am saying is let us not forget our past, which led us to our present and can definitely be the backbone to our future. We were good enough, smart enough, creative enough, and bold enough then, so let us all give Obama the chance to show that we are still these things and more.

We all are as strong as our weakest link, so don't be that weak link that denies our people that chance to show we still can OVERCOME & BE THE FIRST

Anyone who denies racial stereotypes exist is living in another country, world. The reason racism exist is because we are in denial. Read Dr. Claud Anderson's "Dirty Little Secrets: About black history, its heroes and other troublemakers", then examine the United States treatment of blacks, and you will find racism and inequality still at its roots.

cut and paste in your browser: http://www.daily-chronicle.com/articles/2008/01/21/opinions/opinions04.txt

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The Sheridan Project - Sheridan Correctional Center: Illinois Correctional Officers’ Employment Security and Restorative Justice

 
Update: July 17, 2008
 
An essay on "Institutional Racism and Indifferent Treatment in the Criminal Justice System and the Illinois Department of Corrections" coming soon.

The Sheridan Project: Sheridan Correctional Center

Illinois Correctional Officers’ Employment Security and Restorative Justice

Essay by Fred L Nance Jr.

July 7, 2008

I, Fred L Nance Jr., was incarcerated in January of 1992. At the end of my incarceration in 1994, I was housed in the East Moline correctional center. This correctional center housed males only. The building I was housed in also housed the visiting room for all inmates. One weekend day, while exiting this building, I saw a young black woman coming up the walkway, approaching the stairway with 2 small black children. Apparently, they were going to visit an inmate.

There were 2 white correctional officers standing at the entrance to the building. As the young black woman approached the entrance to the building, one correctional officer stated to the other in a loud tone “I know my kids will have a job because these children visiting their daddy will be taking their place one day.” The young black woman heard this remark and her face and body language displayed outraged, as she grabbed the little black children and pulled them closer to her. The behavior illustrated and demonstrated by these correctional officers at East Moline mirrors the behavior of the correctional officers at Sheridan Correctional Center (Sheridan) in 2008.

When I became a supervisor for WestCare Foundation, Inc. at Sheridan Correctional Center, my workdays were Tuesday through Saturday. One Saturday I had lunch with a white Chaplin who worked at Sheridan. This Chaplin gave me a brief overview of how and why Illinois prisons were built on farmlands. For the purposes of this essay on job security, I will elaborate only on this part.

The Chaplin stated Illinois farmers were offered a chance to sell or lease their land to the State of Illinois for profits that far exceeded what the land was worth. Illinois farmers were informed they could also have employment watching and caring for inmates like they watched and cared for their livestock. Illinois farmers were told it would be much easier watching inmates than farming. Illinois farmers were told not only could they have “lifetime” employment, but that their children’s children would have “lifetime” employment also. Illinois farmers were told and it is true that they would have life and health insurance that they could not afford to have working farmland because the State would pay for it. Of course, you know there are no “black” farmers in Illinois.

To guarantee this nepotistic employment, entities like the union AFSCME Local 31was taken to task. It is mandatory for all correctional officers, except those exempt because of job classification, to join AFSCME Local 31. AFSCME Local 31 defends any and all charges/complaints against correctional officers to protect this employment, no matter if they are guilty or not and no matter the cost to Illinois taxpayers. This is definitively job security, for the immediate family, relatives and friends of those who owned farmland where the Illinois government decided to build its prison systems.

WestCare Foundation, Inc. is a human/social service agency based in Las Vegas Nevada. This company acquired the Illinois contract to provide addiction counseling services at Sheridan. This company partnered with Amity Foundation, Inc. to provide a curriculum for these counseling services. Amity also comes from the Western geographical area of our country. Amity’s drug and alcohol curriculum addresses this addiction but it does not address restorative justice. Drug and alcohol addiction is only a small part of the problem of criminal thinking and behaving.

Restorative Justice is commonly known as a theory of criminal justice that focuses on crime as an act against another individual or community rather than the state. The victim plays a major role in the process and may receive some type of restitution from the offender. Today, however, "Restorative justice is a broad term which encompasses a growing social movement to institutionalize peaceful approaches to harm, problem-solving and violations of legal and human rights. These range from international peacemaking tribunals such as the South Africa Truth and Reconciliation Commission to innovations within the criminal justice system, schools, social services and communities. Rather than privileging the law, professionals and the state, restorative resolutions engage those who are harmed, wrongdoers and their affected communities in search of solutions that promote repair, reconciliation and the rebuilding of relationships. Restorative justice seeks to build partnerships to reestablish mutual responsibility for constructive responses to wrongdoing within our communities. Restorative approaches seek a balanced approach to the needs of the victim, wrongdoer and community through processes that preserve the safety and dignity of all. Illinois has adopted restorative justice in their juvenile justice system. This is the first thing a person must understand who practices criminal thinking and behaving.

There is no “real” restorative justice in the Amity curriculum. The curriculum is about inmates getting in touch with their feelings and how those feelings affect their relationships. This curriculum is basically created by criminals for criminals. What do you think it will be about? With this mindset, the inmate is led to believe it is all about them and not their victim. Victim empathy should come first. Victim empathy cannot be last, because the victim was last in the assault or crime. If there is no victim empathy first, there is no restorative justice. In addition, this curriculum lends itself to good data for program longevity. If a person’s negative behavior is not challenged, the person will have the tendency to give a “good” report to the system that condones and supports the behavior. This is how the “Sheridan Project” data is manipulated.

A “real” addictions counselor would constantly have problems with an inmate in lifestyle change if the inmate thinks it is all about them. The selfish attitudes that led to criminal thinking and behaving remain because there is no restorative justice. The reason some counselors at Sheridan may not have problems with inmates is because they are not “real” counselors. They may have some “book” sense about addictions but they have no experiences with “real” addicts. This is going to be common because of ones cultural identity. This is not a bad thing. One only knows what one knows. If one has not been exposed to a cultural issue, they will not know the cultural issue. Regarding criminal thinking and behaving, you know it best if you have lived it.

While I was at Sheridan and under the WestCare regime, the counselors being hired are what they call “career” change employees. These employees have no clue to what “real” addiction counseling is all about. WestCare hires the people mentioned above in the “job security” section of this essay. They put them with the inmates. Then they train them in the Amity curriculum. Many of the “new” employees are scared out of their minds. Therefore, the inmates act out in ways where their selfishness continues to promote their criminal thinking and behaving.

If the Amity curriculum does not have restorative justice, when does restoration appear? If WestCare contractual obligations with the State of Illinois are to provide counseling with professional addiction counselors how does this happen if they are not hiring professional counselors?

The Second Chance Act of 2007 (The Act) solves the WestCare employment problem, but they fail to utilize it. It also solves IDOC’s problem with giving clearance to professional addictions counselors. The Act was signed into law on April 9, 2008 by President George W. Bush. It is a piece of legislation that should be enforced and implemented. You do not have to vote on it. It is there. The Act is a modest, commonsense response to the increasing number of people who return to their communities from prison and jail. The Act ensures the transition people make from prison or jail to the community is safe and successful. The Act produces people like me, who have made a safe and successful transition from a life of criminal thinking and behaving to achievements that far exceed the norms of restorative justice and victim empathy. The Act provides a solution to the reduction in recidivism.

Many of the professional counselors in substance abuse and alcohol are previous addicts, who may have been incarcerated or have members of their families who were addicted to drugs, alcohol or incarcerated. The Illinois Department of Corrections (IDOC) does not give clearance to those professional counselors. This may be WestCare’s dilemma. WestCare’s hands could be tied by the administration of IDOC. This in no way negates WestCare from having a curriculum that reflects restorative justice and victim empathy. If they claim to have it, the curriculum should illustrate and demonstrate “clear” evidence of it. This “clear” evidence should also be illustrated and demonstrated in inmate instruction by the counselors.

On May 19, 2008 at St. Leonard’s House honoring some recent parolees from his Sheridan Project, Governor Rod R. Blagojevich announced historic reductions in repeat crimes by ex-offenders and a slower rate of growth in the state's prison population. Joined by law enforcement officials, community leaders, faith-based leaders and state officials, Governor Blagojevich announced that statewide reforms have led to historic reductions in crimes by former offenders and significant savings for taxpayers. An intensive effort launched by the Governor in fiscal year 2004 to provide incarcerated offenders and parolees with access to education, job training, substance abuse treatment and counseling has led to the lowest conviction rate among parolees in state history, a 23% reduction in arrests among the general parolee population, and a 40% reduction in repeat incarceration among parolees with substance abuse histories who graduated from the Sheridan Drug and Reentry Program (The Sheridan Project). The drop in recidivism has saved the State an estimated $64 million in incarceration costs since 2004. The data to produce these numbers may have been manipulated.

In addition, IDOC Director Roger E. Walker Jr. stated “I was very proud to have my department helping to lead this process. Until we began to implement the Governor's plan, we were only experiencing increases in prison admissions and recidivism….” Deanne Benos, Assistant Director of IDOC, offered this statement “Ultimately, this is an issue about public safety and communities. We have made tremendous progress in driving down recidivism rates among our parole population in recent years….” With the notion of job security as mentioned above, what makes Governor Blagojevich, Mr. Walker and Ms. Benos believe IDOC personnel will buy into reducing recidivism? It is not going to happen. Not with the present system IDOC has in place, as illustrated in my other writings. Reducing recidivism will mean a loss in employment. The people who auctioned off their land for job security are not trying to reduce recidivism.

If Governor Blagojevich, IDOC Director Walker and IDOC Assistant Director Ms. Benos statements are true, then why did they condone and enforce Warden Michael Rothwell’s locking me out of Sheridan Correctional Center? Why are they condoning and enforcing WestCare Foundation, Inc. decision to terminate my employment because of this lockout, as WestCare has stated in their termination letter to me? It took 4 requests for me to become a supervisor with WestCare. I filed many grievances with WestCare about this supervisory issue, which were ignored. There is no staff working with WestCare at Sheridan Correctional Center who has the academic standing I have. There is no staff working with WestCare at Sheridan Correctional Center who has the experiences I have academically, professionally and socially. It is my belief WestCare terminated my services with this 3rd illegal lockout to avoid having to promote me to a higher status within the system, along with tenets of race, age and sex disparities and indifferent treatment by both IDOC and WestCare.

I am an expert, practicing restorative justice and victim empathy daily. I was incarcerated in January of 1992 for drug related criminal activity. I did not have a G.E.D. when I was incarcerated. By the time I was released in December of 1994 I had started my Bachelor degree program at Roosevelt University. In September of 1997 I received my Bachelor degree from Roosevelt University in Social Science. In September of 1999 I received my Master degree from Roosevelt University in Community Counseling. I am presently a PhD candidate at Walden University. I will receive my PhD in Human Services with a focus on Social Policy Analysis and Planning in the fall of 2008. I have been increasing my academic standing for the last 16 years. My Curriculum Vitae illustrates and demonstrates my achievements academically, socially and empathetically. Do I meet the criteria to which Governor Blagojevich, Roger Walker and Deanne Benos offer as successful reentry and reduction in recidivism? I am the Second Chance Act of 2007. If WestCare and Amity are promoting restorative justice and victim empathy, where is mine?

On another note but which may have similarities to the subject matter here: The Illinois prison systems or “captivity chambers” are not built in communities where crime occurs. For example, there are many vacant lots in the city of Chicago where a prison system may stimulate the economy of that area and would act as a “revitalization stimulus” to offset criminal thinking and behaving. One such area is the Honorable Congressman Danny K. Davis’ 7th Congressional District, where the statistics suggest a majority of inmates being released on parole from the Illinois Department of Corrections are being paroled to the 7th Congressional District.

This is another story in the “naked” city. I will write later about this dilemma.

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Illionis Department of Corrections: Where is the "Second Chance Act of 2007?"

Update: July 17, 2008
 
An essay on "Institutional Racism and Indifferent Treatment in the Criminal Justice System and the Illinois Department of Corrections" coming soon.

Nance v. Vieregge, et al.

The Illinois Department of Corrections racial discrimination and indifferent treatment against Nance began in Vandalia Correctional Center in 1992. This case originated in Vandalia Correctional Center, not Graham Correctional Center as this Appellate Court reports. My original complaint reports the origination of this case. J.D. Vieregge intentionally and maliciously destroyed or disposed of my legal papers so that I could not litigate my claims in the court of my conviction. These legal papers were not replaceable as this Appellate Court suggest. I discussed the irreplaceable items in detail in my original complaint.

In the 4th paragraph this Appellate court discusses relief for Nance at this point. This Appellate court states, "...Like other states, Illinois allows a governor to pardon a released prisoner and offers a remedy along the lines of coram nobis to wipe out lingering civil disabilities...." I produced a "Petition for Executive Clemency" to Governor Blagojevich and a hearing was conducted in October of 2006. Since the hearing I received notices from the State of Illinois, Prisoner Review Board, stating "Please be advised that the above-named executive clemency petition is currently pending. By law, Governor Blagojevich does not have a time limit in making his decision. You will be notified once the Governor makes his decision." The last notice I received is dated June 7, 2007.

This case demonstrates the nefarious behavior of the system, such as Sheridan Correctional Center, that now wants us to believe they will support the "Second Chance Act of 2007." I do not think so. It is still about "job security" for the prison guards and their families. This case also demonstrates how Judges must buy into the "Second Chance Act of 2007" also.

Does Governor Blagojevich believe in the "Second Chance Act of 2007?" Governor Blagojevich must be true to his beliefs and promises. I have yet to receive a response from Governor Blagojevich or the Director of the Illinois Department of Corrections, Roger Walker. I sent both of these gentlemen letters dated May 14, 2008 about the nefarious behavior of Warden Michael Rothwell and the contractor for substance abuse services WestCare Foundation, Inc. under the direction of Leslie Balonick, which is discussed in detail on this blog.
 
There is nothing happening or going on with WestCare Foundation, Inc. at Sheridan Correctional Center that Leslie Balonick (white) does not know. Leslie is WestCare's Regional Vice President or something like that. Leslie never protected my civil rights at Sheridan. I informed Leslie many times through WestCare's grievance procedure about the harassment I received at the hands of the WestCare personnel at Sheridan. Leslie was informed, by me, about the nefarious behavior of the WestCare staff against me. Leslie ignored me. Leslie received "secret" emails from Sandy Smith (white) and James Carr (white) about activities at Sheridan. Sandy and James are Assistant Directors, who are supposed to report to Director Stanley Brooks (black). Many times Mr. Brooks would not know about things happening at Sheridan because Sandy and James would covertly take care of it, informing Leslie before contacting Mr. Brooks. Sandy and James did the same thing to Harold Parker (black), the Director of WestCare/Sheridan before Mr. Brooks. With the exception of Stanley Brooks, this "crew" (Sandy and James), with the assistance of Leslie, ran WestCare's previous Director Harold Parker out of Sheridan. When Mr. Parker left, he told them "I am Fred Nance." I await Mr. Parker's communication and contact with me so I can get additional information on his "abrupt" departure from Sheridan.

Governor Blagojevich and Roger Walker need to understand "I am the Second Chance Act of 2007." I earned the right to work without being hindered, discriminated against, harassed or intimidated. When will this system and our "employment" system stop treating "rehabilitated" individuals as if they were still inmates aggressively damaging society.

What will the "Second Chance Act of 2007" accomplish with this attitude? This is the link for the case. CLICK here




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Sheridan Project: Illinois Department of Corrections 1st Lockout of Fred Nance on June 6, 2006

Update: July 17, 2008
 
An essay on "Institutional Racism and Indifferent Treatment in the Criminal Justice System and the Illinois Department of Corrections" coming soon.

May 14, 2008


Sheridan Project: State of Illinois, Department of Employment Security
Labor Dispute Appeal of Fred L Nance Jr., Claimant.

On November 29, 2006, the Department of Employment Security rendered its recommended decision, which was adopted by the Director of Employment Security.

The Decision:

This matter arises under the provisions of Sections 604, 800, and 801 of the Illinois Unemployment Insurance Act (“the Act) [820 ILCS 405/, 604, 800, and 801]. On August 4, 2006, a Department of Employment Security claims adjudicator issued a determination that certain employees, including the claimants, were ineligible for unemployment benefits from week ending June 10, 2006, because their unemployment was due to a stoppage of work which existed because of a labor dispute at the establishment of the employer, within the meaning of Section 604 of the Act. The determination further held the Non-participating Workers, including the “non-participatory” claimant-appellants herein were ineligible.

The claimants filed timely appeals to the determination. The employer filed a timely five (5) day list of workers involved in the labor dispute.

A telephone hearing was held on September 12, 2006, in Chicago, Illinois, before the Director’s Representative, Administrative Law Judge Efia Goosby. The claimant appeared and testified. The employer-appellee was represented by counsel Molly Eastman, from the law firm of Seyfarth Shaw, LLP. Testifying for the employer were, Sandra Brussard and Paul Fox, employee relations officers.

Statement of the Issues:

Whether the claimant-appellants’ unemployment, beginning the week ending June 10, 2006, was due to a stoppage of work which existed because of a labor dispute at the expense of the employer.

Summary of the Evidence:

Gateway Foundation, Inc. (Company) has a contract with the Illinois Department of Corrections (IDOC) to provide substance abuse counseling and treatment services to the inmates of the Sheridan Correctional Center (SCC), a facility controlled and operated by IDOC for incarcerating convicted felons. Some of the counselors employed by the Company have elected AFSCME Council #31, AFL-CIO (Union) as their collective bargaining representative (Workers).

On June 6, 2006, the Workers ceased work and established picket lines at SCC. Some of the Workers crossed the picket lines and reported to work at SCC but “non-participatory” workers, the appellants herein, were not allowed to cross the picket lines.

The “non-participatory” claimant-appellants, who were within the 90 day probationary period, were barred by IDOC from reporting to work allegedly because a security risk would have been posed because security officers in the facility were AFSCME members. However, non-probationary employees, who were members of the same class were allowed to cross the picket lines by IDOC.

All employees who work at SCC must undergo orientation training conducted by IDOC and employees must submit documentation to IDOC for absences, over and above that which is required by the Company. IDOC requires that all employees working in the facility pass a security clearance and IDOC may pull that security clearance based upon its criteria. Employees of the Company may be discharged for failing to follow any of the rules established to control activities within the facility. However, the employer-appellee testified that it was the employer of the claimants and that it was a vendor to IDOC.

On September 6, 2006, after the Company and the Workers reached an agreement and the strike was ended, all employees who desired to do so returned to work.

Analysis and Conclusion:

Section 604 of the Act provides, in pertinent part, as follows:
An individual shall be eligible for benefits for any week with respect to which it is found that his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he is or was last employed…For the purpose of disqualification under this Section the term “labor dispute” does not include a lockout by an employer, and no individual shall be denied benefits by reason of a lockout….

The claimant-appellants argue that IDOC is a co-employer to the Company and that they have been locked out by the “employer.” Clearly, IDOC controlled employee access to SCC. It is a secure facility which houses convicted felons. However, in American Federation of State, County and Municipal Employees, Council 31 v. The Illinois State Labor Relations Board, 216 Ill.2d 569, 839 N.E.2d 479, a case involving IDOC and the same union involved in this matter, the Illinois Supreme Court, reversing the Appellate Court, held that IDOC was not a joint employer, after analyzing almost identical elements of control. Thus, the argument is without merit and is not an issue in this case.

Even so, the claimant-appellants do present arguments which must be considered to resolve the one true issue of this case. The “non-participatory” claimant-appellants wanted to enter SCC in order to work but were prevented from doing so by IDOC. Nonetheless, non-probationary employees, who were members of the same class, were allowed to cross the picket lines by IDOC. As explained above, IDOC is not the appellants’ employer. Therefore, the lockout provision of Section 604 is not available to the appellants. However, the initial question in such a case under Section 604 is whether or not the unemployment of the Non-participating Workers is “due to the work stoppage caused by the labor dispute.” Since other workers were able to cross the picket line and work during the strike, it is quite apparent that the “non-participatory” claimant-appellants would have been working a SCC but for the unilateral action of IDOC.

Non-management employees of the same job title as the appellants were allowed to cross the picket line and work in the capacity for which these claimant-appellants were hired. The claimants, though eager to do so, were not allowed to cross the picket line, despite the willingness of the Company to have them report to work. The only reason given allegedly by IDOC for the distinction was that the claimant-appellants had not completed their 90 day probationary period. The claimants were not required to complete any probationary period before being eligible to become part of the bargaining unit. The Company has no rules which apply only to probationary employees and the Company was not able to determine any other basis for the distinction. There was no evidence as to why there would be a perception of the claimant-appellants posing a higher security risk than post-probationary employees who crossed the picket line. Indeed, even if there were such a distinction, it would not change the fact that the security risk and not the labor dispute cause the unemployment of the “non-participatory” claimant-appellants.

Whatever the true reason, the 90 day probationary employees (i.e., the non-participatory” claimant-appellants) were treated differently by IDOC from other employees belonging to the same grade and class. As stated above, it was this unilateral action of IDOC that caused the unemployment of the “non-participatory” claimant-appellants. The unemployment of the “non-participatory” claimant-appellants is not due to a work stoppage caused by the labor dispute…there was one efficient cause of the claimants’ unemployment and it was not the labor dispute. It was the unilateral actions of IDOC. As the claims adjudicator states, IDOC, is not the employer and the actions of IDOC cannot be attributed to the employer. The actions of IDOC were a separate and the only cause of the claimant’s unemployment.

On December 22, 2006, the Director of Employment Security, Brenda A. Russell, concurred with the decision.
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