Author Archives: Good Day Illinois

Case of the Week Decided November 1, 2013 – United States Court of Appeals for the Seventh Circuit Rules Against Titan Tire Union in Freeport, Illinois

An arbitrator ruled that Titan Tire of Freeport must pay the salary of the Union President which was nearly $80,000 and about $50,000 for the Benefit Representative. The ruling was upheld by the Federal District Court. Titan Tire appealed the ruling, and the decision of the District Court was reversed. The Court Stated:

The arbitrator found that the labor agreements between Titan and the union required Titan to pay the full-time salaries of Local 745’s President and Benefit Representative. However, such an agreement violates the plain language of Section 302(a) of the LMRA and is not exempt by Section 302(c) because the President’s and Benefit Representative’s full-time salaries are not vested rights earned “by reason of” their former employment at Titan. Rather, the President and Benefit Representative earn their current salaries because of their service to Local 745 members. Because the arbitrator’s order to Titan to reinstate direct salary payments to the President and Benefit Representative would require Titan to violate Section 302, its decision must be vacated. For these and the forgoing reasons, we REVERSE and REMAND for further proceedings consistent with this opinion.

For the full ruling see Titan Tire Corp. of Freeport, Inc. v. United Steel, Paper and Forestry etc., No. 12-1152 (November 1, 2013) at
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2013/D11-01/C:12-1152:J:Manion:aut:T:fnOp:N:1233682:S:0

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City Council Meeting Tonight – 1st Reading of Residential Rental Ordinance- Citizens Beware!

6:00 pm at City Council Chambers at 524 West Stephenson Street, 3rd Floor
If you have Comcast Cable, go to channel 17 to watch live.
See complete agenda at http://www.ci.freeport.il.us/citygovernment/Agendas/A20131104.pdf

Some items of interest at meeting:

Presentations on following: rental property registration process in other municipalities, housing demolitions to date and estimated costs, and City Hall alternatives.
These presentations should all be interesting and worth watching!

Reappointments of Jon C. Staben (appointed first time on September 16, 2013) and Stephen Lafferty to Planning Commission
1st Reading of Ordinance dealing with regulation of residential rental property – All residents of Freeport should read this ordinance. To read it go to http://www.cityoffreeport.org/OrdRes/COUNCIL%20ITEM7%2020131104.pdf

Issues that should be addressed:
Will the benefits of this ordinance justify its cost?
Will this ordinance solve or reduce the crime issues facing Freeport?
Will the registration fees pay for the enforcement of this ordinance? The answer to this one is simple – NO. It will create another level of bureaucracy in the City of Freeport and in the end just more taxes will be paid by the law abiding residents of Freeport and small business owners.

The Crime Free Housing Lease Provision required in each lease will not solve the crime or housing issues facing this community. Perhaps, in the past if laws had been enforced with existing police personel and resources properly allocated, the City would not be facing these issues today.

As has been pointed out before, the Gitz Adminstration has many of the same people as in the previous administration. The result – the same failed polices as in the past. More bureucratic regulations will not help if there are not people capable of implementing them.

Example of law abiding citizen penalized by this ordinance:

John Hightaxpayer has a duplex which he has rented for 20 years with no problem. In fact he has never really needed written leases since his tenants tend to stay for many years with no problems, and at the present time his wife’s mother is renting one of the units. Now under GitzCare he must do the following:

1. He must register his rental unit by April 1, 2014 or pay a fine. An annual registration fee of $35.00 must be paid.
2. All of his rental agreements must be in writing.
3. Rental agreement must include 2 pages of Crime Free Housing Provision.
4. His wife’s mother has another daughter who usually visits mother for week or more each year. Surprise – mother must notify John Hightaxpayer in writing of the first and last names of the guest (the daughter) who will be residing in the unit for 7 days or more. Roger Policeman sees that there is a visitor at the John Hightaxpayer duplex. Since Roger Policeman was assigned to seat belt violation duty, he was not that busy. In fact Roger Policeman lives in the same neighborhood. Roger Policeman in a contemptuous mannor contacts John Hightaxpayer, and asks him (oral or written request can be made by police) to furnish the name of the visitor. John Hightaxpayer says it is none of his business and makes some offensive remark to Roger Policeman. The policeman arrests John Hightaxpayer for disorderly conduct. Meanwhile a few blocks away a store is robbed and clerk murdered, but Roger Policeman misses the call since has just cuffed John Hightaxpayer.

Unfortunately, good intentions do not always equal good laws.

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It’s Boys High School Football Playoff Time – Congratulations to Area Teams in the Playoffs!

Here are some games this weekend with area teams:

Class 1A
Freeport Aquin (6-3) at Rockford Christian Life (8-1), Saturday, Nov. 2, 1:00 pm
Hebron (6-3) at Stockton (9-0), Saturday, Nov. 2, 1:00 pm
Galena (7-2) at East Dubuque (7-2), Saturday, Nov. 2, 1:00 pm
Lena-Winslow (6-3) at Forreston (7-2) Saturday, Nov. 2, 4:00 pm

Class 2A
Chicago Lutheran North (5-4) at Pearl City-Eastland (9-0), Saturday, Nov. 2, 1:00 pm

Class 3A
Oregon (5-4) at Wilmington (8-1), Saturday, Nov. 2, 6:00 pm
Peru St. Bede (5-4) at Winnebago (9-0), Friday, Nov. 1, 7:00 pm

Class 6A

Belvidere North (5-4) at Rockford Boylan (9-0), Saturday., Nov. 2, 1:00 pm
Cary (6-3) at Rockford Guilford (7-2), Saturday., Nov. 2, 1:00 pm

Class 7A
Highland Park (7-2) at Rockton Hononegah (7-2), Saturday, Nov. 2, 2:00 pm

If your teams keep winning, then plan on the championship games at Huskie Stadium shown in DeKalb:

Class 1A, 2A, 3A & 4A Championship Games, Friday, November 29, 2013
Class 5A, 6A, 7A & 8A Championship Games, Saturday, November 30, 2013

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Good Day Illinois Wishes Everyone a Safe and Happy Halloween!

Trick or Treat Hours for October 31:

Freeport 5 – 7:00 pm
Dakota 5 – 7 pm
Forreston 5 – 8:00 pm
Galena 5:30 – 7:30 pm
Lanark 5 – 8 pm
Lena 5 – 7 pm
McConnell 5 – 7:30 pm
Orangeville 5 – 8 pm
Pearl City 5 – 7 pm
Polo 5 – 8 pm
Rock City 5 – 7 pm
Stockton 5 – 7:30 pm

Halloween night forecast for all ghosts and goblins: rain ending by trick or treat time and temperatures falling into the 50’s.

Picture below was taken on Woodside Drive in Freeport. Compliments from Good Day Illinois for a wonderful and creative Halloween scene!

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MARY TODD LINCOLN: REFLECTIONS ON A LIFE OF SHATTERED DREAMS – 7 pm, Saturday, November 2 at Winneshiek Playhouse, 228 W Clark, Freeport

See a riveting one-act drama starring Dr. Maria Boundas Bakalis who brings to life Mary Todd Lincoln in the later years of her life. In her compassionate portrayal, Dr. Bakalis reveals the spirit and heart of Mary Todd Lincoln, a woman of shattered dreams. Sponsored by the Lincoln-Douglas Society in cooperation with the Winneshiek Players. Tickets $20. For information call 815.975.7631

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Elder Law Seminar Wednesday, October 30, 2 pm at Oakley Courts at 3117 Kunkle Blvd, Freeport

Attorney Heather McPherson of McPherson Law Offices, Freeport, will present a program on legal issues relevant to all and especially to seniors and their families

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Don’t Miss Trick or Treat Trail at Krape Park, Freeport, Saturday, October 26 from 3 to 5 pm

The Trick or Treat Trail begins at the carousel. There will be plenty of treats and fun entertainment. Sponsored by the Freeport Park District. Call 815. 235.6114 for information.

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Case of the Week – Noncompetition Agreements in Illinois – Two Years of Employment Required

The First District Appellate Court in a recent decision held that a noncompetition agreement is not valid and enforceable if an employee is fired or resigns within two years. Illinois companies can still require newly hired workers to sign noncompetition agreements, but if the employee is employed for less than two years the restrictive covenant will lack the consideration necessary to be enforceable by an employer. There must be two years of continuous employment to be considered adequate consideration to support a postemployment restrictive covenant.

For details see Fifield v. Premier Dealer Services, Inc., 2013 IL App (1st) 120327

Click to access 1120327.pdf

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Good Day Illinois Reports from Seattle!

Fall is in the air in Seattle like the Midwest. The pictures taken in Seattle show a foggy afternoon and at the Pike Place Market fresh flowers, vegetables, and of course fish. It does not look like a Midwestern farmers’ market in the middle of October.20131021-185607.jpg20131021-185621.jpg

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