State: Ex-Wood Dale firefighter's demotion improper

A demoted lieutenant who worked for the Wood Dale Fire Protection District must be reinstated to his former rank -- with back pay-- because the district failed to submit proper paperwork, the Illinois Labor Relations Board has ruled.

But since Robert Cortese was fired after his demotion, it remains to be seen whether the labor board's decision is enough to get him his job back.

A second charge filed by Cortese about his dismissal is still under investigation.

Cortese was demoted in November from lieutenant to firefighter/paramedic for speaking to the press and being vocal about union issues. He was notified of his firing on Feb. 15.

The labor board ruled in favor of Cortese over the demotion because the fire protection district failed to respond in time to his complaint.

Whenever a complaint is filed by the labor board, defendants must file a response. If they don't, it's considered an admission that the charges are accurate by default, explained John Brosnan, executive director of the ILRB.

In its dispute with Cortese, the Wood Dale Fire Protection District missed its response deadline by 23 days.

On Thursday, Fire Chief Thomas Flanagan declined to comment on the May 1 ruling by the ILRB, saying it's a "pending discipline matter."

Now the fire district has 30 days to file an appeal.

According to the ruling, a response from the fire district was due by March 5. When that date passed with no word from the fire district, it was served with an "order of default." That was on March 19.

The district filed its response on March 28 "without an explanation for its late filing," according to the ruling.

District attorney Patrick Bond later told board members the paperwork was filed elsewhere by accident.

But according to the ruling, extensions can only be permitted in extraordinary circumstances, which was not the situation in this case.

Fire protection district Trustee Gail Johnson said she was prohibited from discussing the case, other than to say, "I'm surprised the ball was dropped."

For now, Cortese will get the increased pay he would have earned between the time of his demotion in November and the dismissal in February. He took a $7,000 annual pay cut at the time of his demotion.