Mason v. Illinois Department of Labor
CourtAppellate Court of Illinois
Date FiledNovember 13, 2026
Docket1-25-1827
StatusUnpublished
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Full Opinion
2026 IL App (1st) 251827-U
No. 1-25-1827
Order filed November 13, 2026
NOTICE: This order was filed under Illinois Supreme Court Rule 23 and is not
precedential except in the limited circumstances allowed under Rule 23(e)(1).
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT, SIXTH DIVISION
TAMARA MASON, Plaintiff-Appellant,
v.
ILLINOIS DEPARTMENT OF LABOR, UNITED FOOD AND COMMERCIAL WORKERS
LOCAL 1546, and ROBERT O’TOOLE, Defendants-Appellees.
Appeal from the Circuit Court of Cook County, Illinois.
Honorable Michael T. Mullen, Judge, Presiding.
No. 24 CH 784
PRESIDING JUSTICE GAMRATH delivered the judgment of the court.
Justices Pucinski and Evans concurred in the judgment.
ORDER
¶1 Held: Ex-employee’s claim for unpaid vacation wages under the Illinois Wage Payment
and Collection Act was preempted by federal law where her entitlement to such
wages required interpretation of a collective bargaining agreement.
¶2 Tamara Mason sought 12 weeks of unpaid vacation pay from her former employer, United
Food and Commercial Workers Local 1546 (Union). The Union maintained that those 12 weeks
had been applied to her paid medical leave in 2020 and 2021. Mason filed a claim with the Illinois
Department of Labor (Department) under the Illinois Wage Payment and Collection Act (Wage
Law) (820 ILCS 115/1 et seq. (West 2024)) to recover the disputed vacation pay.
¶3 The Department found Mason’s Wage Law claim required interpretation of a collective
bargaining agreement (CBA) and was preempted by section 301 of the federal Labor Management
Relations Act (LMRA) (29 U.S.C. § 186 et seq.). It therefore dismissed her claim for lack of
jurisdiction. Mason appealed, arguing her claim could be adjudicated independently of the CBA.
The circuit court affirmed the Department’s decision, as do we.
¶4 I. BACKGROUND
¶5 Mason worked for the Union as a union representative from 1998 to 2021. Although she
withdrew from the CBA in 2017, its provisions regarding leaves of absence, vacation time, and
payout of unused vacation time upon termination continued to apply to her. Under article VIII of
the CBA, employees with over 25 years of service received six weeks of vacation each year. Under
article X, employees could get 90-day leaves of absence due to injury, plus 90-day extensions up
to a total of 18 months. Employees would receive full wages for the first 26 weeks and half wages
for the next 26 weeks.
¶6 On April 13, 2020, Mason sustained a foot injury that limited her ability to walk or drive.
According to Mason, she received approval to work from home and did so until October 2, when
the Union placed her on leave of absence.
¶7 On October 7, the Union sent Mason a letter documenting her leave of absence. According
to the letter, Mason had not worked since April 3, the Union would hold her position for 52 weeks
from April 3, and it would continue paying her full salary until then.
¶8 By April 2, 2021, Mason remained unable to return to work, and the Union terminated her
employment. When she requested her vacation pay for 2020 and 2021, the Union said she had
exhausted her accrued vacation. Mason then filed her claim with the Department.
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¶9 At the hearing before the Department, Mason testified she was entitled to vacation pay
under article VIII. The Union claimed it had a policy of not giving vacation pay to employees who
were on paid injury leave. It argued Mason was not entitled to “get[] an additional six weeks of
pay for years in which she was fully paid for not working.”
¶ 10 The Department issued a final administrative decision dismissing Mason’s claim as
preempted by the LMRA. It found that determining Mason’s entitlement to vacation time while on
injury leave would require interpreting articles VIII and X of the CBA, thus placing the dispute
within the exclusive purview of federal law.
¶ 11 Mason filed a complaint for administrative review in the circuit court, which affirmed.
¶ 12 II. ANALYSIS
¶ 13 We review the Department’s final administrative decision, not the judgment of the circuit
court. Wade v. City of North Chicago Police Pension Board, 226 Ill. 2d 485, 504 (2007). Whether
Mason’s Wage Law claim is preempted by federal law is a mixed question of fact and law, which
we review for clear error. Illinois Landscape Contractors Ass’n v. Dep’t of Labor, 372 Ill. App. 3d
912, 920 (2007). Under this deferential standard, we will only reverse if we have “the definite and
firm conviction that a mistake has been committed.” (Internal quotation marks omitted.) Id.
¶ 14 Section 301 of the LMRA preempts state law claims involving the interpretation and
application of CBAs. United Steelworkers of America, AFL-CIO-CLC v. Rawson, 495 U.S. 362,
368 (1990). Not every case involving a CBA is automatically preempted; state law rights and
obligations that exist independently of a CBA may still be adjudicated under state law. Allis-
Chalmers Corp. v. Lueck, 471 U.S. 202, 213 (1985); Kostecki v. Dominick's Finer Foods, Inc. of
Illinois, 361 Ill. App. 3d 362, 368, 836 (2005). Preemption occurs when resolving an employee’s
claim is “inextricably intertwined” with interpreting a CBA. Allis-Chalmers, 471 U.S. at 213.
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¶ 15 The Wage Law requires employers to pay “final compensation,” including “the monetary
equivalent of earned vacation,” due to separated employees within specified time limits. 820 ILCS
115/2, 5 (West 2024). Mason argues her claim arises under the Wage Law independently of the
CBA. On the contrary, the question of whether she is owed vacation pay is “inextricably
intertwined” with the CBA, such that, but for the CBA, Mason could not bring the claim. See Allis-
Chalmers, 471 U.S. at 213. Article VIII grants her six weeks per year, and Article X governs her
paid leave of absence. Notwithstanding these provisions, the Union seeks to rely on its policy of
not giving vacation pay to employees on paid injury leave. The central question raised by Mason’s
Wage Law claim is whether this purported policy violates Mason’s rights, and it cannot be decided
without interpreting the CBA.
¶ 16 Allis-Chalmers illustrates why a claim requires contractual interpretation when the asserted
right both derives from and is defined by the labor contract. There, the plaintiff sued his former
employer in state court, alleging bad-faith delay in making disability payments he was owed under
his labor contract’s disability plan. Allis-Chalmers, 471 U.S. at 206. The Supreme Court held his
claim was preempted by federal law, explaining that “[b]ecause the right asserted not only derives
from the contract, but is defined by the” contract, “any attempt to assess liability here inevitably
will involve contract interpretation.” Id. at 218; see also Glasper v. Scrub Inc., 2021 IL App (1st)
200764, ¶ 48 (finding section 301 preemption where “[c]ontrary to plaintiff’s contention, the terms
of her scheduling, hours, wages, and overtime are not obvious and able to be ascertained without
interpreting the CBA”).
¶ 17 Similarly, in this case, Mason’s entitlement to vacation pay while on paid injury leave both
derives from, and is defined by, articles VIII and X of the CBA. Although she is not a party to the
CBA, her claim still requires interpretation of the CBA and is therefore preempted. See, e.g.,
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Atwater v. Nat’l Football League Players Ass’n, 626 F.3d 1170, 1178-79, n12 (11th Cir. 2010)
(although party was not a signatory to the CBA, it was bound by the CBA’s terms, so section 301
preemption could properly be applied against it).
¶ 18 Mason argues there is no genuine dispute over the meaning of the CBA, and resolving her
Wage Law claim requires a straightforward application of the CBA’s undisputed terms. She cites
Livadas v. Bradshaw, 512 U.S. 107, 124 (1994), for the proposition that “when the meaning of
contract terms is not the subject of dispute, the bare fact that a collective-bargaining agreement
will be consulted in the course of state-law litigation plainly does not require the claim to be
extinguished.” She attempts to frame the disputes in this case as purely factual, namely, (1) whether
she was working from home from April to October 2020, and (2) whether the Union applied her
vacation to her paid leave. We disagree with her framing of the issues. It is apparent from the
record that the Union did, in fact, apply her vacation to her paid leave. The question is whether
doing so violated the CBA.
¶ 19 In Livadas, upon which Mason relies, the dispute involved the timing of payment, not the
employee’s entitlement to wages or the amount due. California law required employers to pay all
wages due immediately upon an employee’s discharge. Livadas, 512 U.S. at 110. Petitioner was
not paid promptly upon her discharge and filed for statutory damages. The Supreme Court found
that LMRA § 301 did not preempt petitioner’s claim because there was no dispute as to the amount
she was due, only the promptness of payment. As such, the recovery she sought was based on state-
law rights independent of the CBA. “The primary text for deciding whether [petitioner] was
entitled to a penalty was not the [CBA], but a calendar.” Id. at 124.
¶ 20 Similarly, in Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399 (1988), the Supreme
Court held a claim for retaliatory discharge under Illinois law was not preempted because it did
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not require referral to or reliance on the terms of a CBA. Id. at 407. To show retaliatory discharge,
a plaintiff must prove her employer discharged or threatened to discharge her with intent to deter
her from exercising her statutory rights. These are “purely factual questions pertain[ing] to the
conduct of the employee and the conduct and motivation of the employer” that do not require
interpretation of a CBA. Id. Mason’s claim presents a different inquiry. Although she seeks
payment under the Wage Law, determining her alleged entitlement to vacation pay requires
interpreting the interplay of articles VIII and X of the CBA vis-à-vis the Union’s policy for workers
on injury leave. Unlike the claims in Livadas and Lingle, her claim cannot be resolved
independently of that interpretation.
¶ 21 Mason argues that the Department acted arbitrarily and capriciously by finding that she
worked from home from April to October 2020 but nevertheless dismissing her claim for lack of
jurisdiction. We disagree. Even taking this finding as true, it is undisputed that Mason was on leave
from October 2, 2020, until her termination in April 2021. The Union claimed that it was entitled
to apply her earned vacation time to her injury leave during that period. Resolving that claim
requires interpreting the relevant CBA provisions, regardless of whether Mason worked from home
before October 2. We therefore reject her argument that the Department’s factual finding required
it to adjudicate her Wage Law claim.
¶ 22 III. CONCLUSION
¶ 23 For the reasons stated, we affirm the final administrative decision of the Department
dismissing Mason’s Wage Law claim for lack of jurisdiction.
¶ 24 Affirmed.
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