The Illinois Fifth District Appellate Court in Mount Vernon has denied the state’s appeal of a 30-day restraining order issued earlier this month in Alexander County.
The American Federation of State, County and Municipal Employees had sought the restraining order to temporarily halt closures of state facilities, including Tamms Correctional Center, Illinois Youth Center in Murphysboro and Southern Illinois Adult Transition Center in Carbondale.
An arbitrator had ruled in the union’s behalf, ordering the state and AFSCME to return to the bargaining table for 30 days before closures could begin. The union filed suit in Alexander County to effectively give that decision the weight of law.
Associate Circuit Judge Charles Cavaness of the First Judicial Circuit granted the 30-day restraining order Sept. 4. The state appealed Sept. 6.
Lawyers for state departments, including Central Management Services, Corrections and Juvenile Justice, argued the restraining order violated the separation of powers and infringed on Gov. Pat Quinn’s constitutional powers.
A three-judge panel of the Fifth District released its ruling Friday.
Affirming Cavaness’ decision, the appeals court said, “We find that the trial court did not abuse its discretion in granting AFSCME’s request for a temporary restraining order to maintain the status quo until the court rules upon the request for injunctive relief.”
Justice Melissa A. Chapman delivered the opinion. Justices Thomas M. Welch and Stephen L. Spomer concurred.