reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1130 - COLLECTIVE BARGAINING AND IMPASSE RESOLUTION › Section 1130.20 - Notices and Timetable for Bargaining

Current through Register Vol. 48, No. 28, July 12, 2024
a) Newly Certified Representatives
In units for which exclusive representatives have been newly
				certified, with respect to collective bargaining between an educational
				employer that is not a public school district organized under Article 34 of the
				School Code [ 105 ILCS 5 /Art. 34] and an exclusive representative of its
				employees, this subsection (a) shall apply. For purposes of this subsection
				(a), newly certified representatives are representatives that have not yet
				reached a collective bargaining agreement after their certification under the
				Illinois Educational Labor Relations Act [ 115 ILCS 5 ].
1)
Upon demand of either party,
			 collective bargaining between the employer and an exclusive collective
			 bargaining representative must begin within 60 days
after
the
			 date of certification of the
exclusive
representative by the
			 Board. Once commenced, collective bargaining must continue for at least a 60
			 day period, unless a contract is entered into.
[
			 115 ILCS
			 5/12(a) ]
2) If no agreement has been reached within 90
			 days prior to the scheduled start of the forthcoming school year, the exclusive
			 representative and the employer shall file a notice with the Board. In addition
			 to the requirements of subsection (d), this notice shall include a statement on
			 whether mediation has been used.
3)
			 If no agreement has been reached within 45 days after bargaining was initiated,
			 the parties shall file a notice with the Board. In addition to the requirements
			 of subsection(d), this notice shall state that no agreement has been reached
			 and whether the parties have agreed to mediation using privately selected
individuals or organizations such as the Federal Mediation and
			 Conciliation Service or the American Arbitration Association
[
			 115 ILCS
			 5/12(a) ]. If, by this date,
			 mediation has not been initiated, the Board shall invoke mediation upon request
			 of a party.
4) If no agreement has
			 been reached 45 days prior to the scheduled start of the forthcoming school
			 year, the parties shall file a notice with the Board. In addition to the
			 requirements of subsection (d), this notice shall state that no agreement has
			 been reached and whether the parties have agreed to mediation using privately
			 selected
individuals or organizations such as the Federal Mediation and
			 Conciliation Service or the American Arbitration Association
[
			 115 ILCS
			 5/12(a) ]. If, by this date,
			 mediation has not been initiated, the Board shall invoke mediation upon request
			 of a party.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1130 - COLLECTIVE BARGAINING AND IMPASSE RESOLUTION › Section 1130.30 - Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section
			 shall apply to collective bargaining between an educational employer that is
			 not a public school district organized under Article 34 of the School Code and
			 an exclusive representative of its employees.
b) Mediation services will be provided at any
			 time upon joint request of the parties.
c) Mediation may be invoked upon request of
			 one party
if, after a reasonable period of negotiation and within 90
			 days
prior to
the scheduled start of the forthcoming school
			 year, the parties engaged in collective bargaining have reached an
			 impasse
[
			 115 ILCS
			 5/12(a) ].
d) Mediation will automatically be invoked by
			 the Board upon request of a party 45 days after bargaining has begun in units
			 for which exclusive representatives have been newly certified or 45 days prior
			 to the scheduled start of the forthcoming school year.
e) Within two days after the Board invokes
			 mediation, the parties may submit a stipulation to defer selection of a
			 mediator. The stipulation shall be on a form developed by the Board and shall
			 include a provision that the parties will maintain the status quo with respect
			 to existing terms and conditions of employment and will not engage in a strike
			 while the stipulation is in effect. Either party may withdraw the stipulation
			 at any time by giving notice to the other party and to the Board.
f) Requests for Mediation
1) Requests for mediation shall be in writing
			 and shall be submitted to the Board's Chicago office at the following address:
Illinois Educational Labor Relations Board
160 N. LaSalle St., Suite N-400
Chicago IL 60601
2) Requests for mediation may also be
			 submitted to the Board's electronic mailbox (ELRB.mail@illinois.gov). The
			 request shall be signed by the requesting party or by both parties, if
			 joint.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1130 - COLLECTIVE BARGAINING AND IMPASSE RESOLUTION › Section 1130.35 - Notification and Public Posting Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section applies only to collective
			 bargaining between a public school district or a combination of public school
			 districts, including, but not limited to, joint cooperatives, that is not
			 organized under Article 34 of the School Code and an exclusive representative
			 of its employees. [115 ILCS 5/12
			 (a-5)] This Section does not apply to other educational employers as defined in
			 Section 2(a) of the Act, specifically, public community college districts,
			 State colleges or universities, any State agency whose major function is
			 providing educational services, School Finance Authorities created under
			 Article 1E or 1F of the School Code [105 ILCS 5 /Art. IE or Art. IF], or school
			 districts organized under Article 34 of the School Code.
b) At any time more than 15 days after
			 mediation has commenced, either party may initiate the public posting process
			 set forth in Section 12(a-5) of the Act. [115 ILCS 5/12 (a-5)] For the purposes
			 of this subsection (b), the date that mediation has commenced shall be the date
			 upon which the parties first meet with a mediator. The mediator may initiate
			 the public posting process at any time 15 days after mediation has commenced
			 during the mediation process. [115 ILCS
			 5/12 (a-5)]
c) Initiation of the public posting process
			 must be filed with the Board. Copies of the filing with the Board must be
			 served on the parties in such a manner that the parties will receive the filing
			 on the same date the Board receives it. The filing shall be in writing and
			 shall include:
1) if a party is initiating
			 the public posting process, the name, affiliation, if any, and address of the
			 party initiating the public posting process and the name, affiliation, if any,
			 and address of the other party to collective bargaining;
2) if the mediator is initiating the public
			 posting process, the name of the mediator and the names, affiliations, if any,
			 and addresses of the parties to collective bargaining;
3) the expiration date of the existing
			 collective bargaining agreement, if any; and
4) the date of the scheduled start of the
			 forthcoming school year.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1130 - COLLECTIVE BARGAINING AND IMPASSE RESOLUTION › Section 1130.40 - Notice of Intent to Strike

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 addition to the limitations imposed by Section
			 1130.35(f)
			 or Section
			 1130.55(f)
			 and (g), educational employees shall not
			 engage in a strike unless at least 10 days have elapsed after a notice of
			 intent to strike has been given by the exclusive bargaining representative to
			 the educational employer, the regional superintendent (if one exists with
			 jurisdiction over the educational employer) and the Illinois Educational Labor
			 Relations Board. [115 ILCS
			 5/13(b)(3) ]
b) For purposes of this Section, 10 days
			 shall mean 10 calendar days. Intervening Saturdays, Sundays or legal holidays
			 shall be included. The day on which the notice of intent to strike is given
			 shall not be included. The last day of the period shall be included regardless
			 of whether the last day falls on a Saturday, Sunday or legal holiday.
c) Notice of intent to strike must be in
			 writing and must include:
1) the name, address
			 and affiliation, if any, of the exclusive representative;
2) the name and address of the
			 employer;
3) a description of the
			 bargaining unit; and
4) a statement
			 of intent to strike.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1130 - COLLECTIVE BARGAINING AND IMPASSE RESOLUTION › Section 1130.50 - Fact Finding and Interest Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a) The parties may agree to the use of fact
			 finding or interest arbitration in settling their disputes.
b) Upon joint request of the parties, the
			 Board shall provide one panel of no more than seven arbitrators for use by the
			 parties in selecting a fact finder or interest arbitrator. Such request shall
			 be on a form developed by the Board. The parties shall attach a copy of their
			 agreement to use fact finding or interest arbitration to the request.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1130 - COLLECTIVE BARGAINING AND IMPASSE RESOLUTION › Section 1130.55 - Collective Bargaining and Impasse Resolution Rules for School Districts Organized under Article 34 of the School Code

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the parties fail to reach agreement
			 after a reasonable period of mediation, the dispute shall be submitted to
			 fact-finding in accordance with this Section. Either the educational employer
			 or the exclusive representative may initiate fact-finding by submitting a
			 written demand to the other party with a copy of the demand submitted
			 simultaneously to the Board. [115 ILCS
			 5/12 (a-10)(l)]
b) Within 3 days following a party's demand
			 for fact-finding, each party shall appoint one member of the fact-finding
			 panel, unless the parties agree to proceed without a tri-partite panel.
			 Following these appointments, if any, the parties shall select a qualified
			 impartial individual to serve as the fact-finder and chairperson of the
			 fact-finding panel, if applicable. An individual shall be considered qualified
			 to serve as the fact-finder and chairperson of the fact-finding panel, if
			 applicable, if he or she was not the same individual who was appointed as the
			 mediator and if he or she satisfies the following requirements:
1) membership in good standing with the
			 National Academy of Arbitrators, Federal Mediation and Conciliation Service, or
			 American Arbitration Association for a minimum of 10 years;
2) membership on the mediation roster for the
			 Illinois Labor Relations Board or the Illinois Educational Labor Relations
			 Board;
3) issuance of at least 5
			 interest arbitration awards arising under the Illinois Public Labor Relations
			 Act [5 ILCS 315 ]; and
4)
			 participation in impasse resolution processes arising under private or public
			 sector collective bargaining statutes in other states. [115 ILCS 5/12
			 (a-10)(2)]
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1130 - COLLECTIVE BARGAINING AND IMPASSE RESOLUTION › Section 1130.70 - Grievance Arbitration and No Strike Clauses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every collective bargaining agreement
			 between an employer and an employee organization shall contain a grievance
			 procedure which has as its last step final arbitration. The agreement shall
			 also contain appropriate language prohibiting strikes for the duration of the
			 agreement.
b) Whenever the parties
			 request, the Board shall provide a panel of grievance arbitrators selected from
			 the Illinois Educational Labor Mediation Roster. The size of the panel shall be
			 specified by the parties in their request, but shall not exceed seven. If the
			 parties are unable to select an arbitrator from the first panel, the Board
			 shall provide a second panel. The Board shall not provide more than two
			 panels.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1130 - COLLECTIVE BARGAINING AND IMPASSE RESOLUTION › Section 1130.80 - Illinois Educational Labor Mediation Roster

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall establish an Illinois
			 Educational Labor Mediation Roster. The Roster shall list qualified mediators,
			 fact finders, interest arbitrators, and grievance arbitrators. A person may be
			 qualified in more than one category.
b) Appointment to the Roster shall be by the
			 Board, after application by the individual. The application shall be on a form
			 developed by the Board.
c) In
			 making appointments to the Roster, the Board shall consider such factors as
			 experience and training, membership on other mediation or arbitration panels,
			 education, prior published awards, current advocacy in employment relations
			 matters, letters of recommendation supporting the application, and any other
			 material supplied by the applicant or any clarifying or supplemental material
			 requested by the Board which serves to establish these factors.
d) Persons appointed to the Roster shall file
			 with the Board a brief biographical sketch, a concise resume of their
			 experience relevant to the position for which they are listed and a fee
			 schedule. Whenever an individual is selected to serve in a case that individual
			 shall not charge a fee greater than that listed in the fee schedule the
			 individual has filed with the Board. A minimum of 30 days notice shall be given
			 for changes in fee schedules.
e)
			 Whenever the Board provides the parties with a panel selected from the Roster,
			 the Board shall provide copies of the biographical sketches and fee schedules
			 of the panelists.
f) The parties
			 may jointly request that panels submitted to them contain or omit specific
			 individuals. No party may unilaterally make such a request.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1135 - UNIVERSITY OF ILLINOIS BARGAINING UNITS › Section 1135.10 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth presumptively appropriate bargaining units
				for educational employees employed by the Board of Trustees of the University
				of Illinois. Nothing in this Part shall negate historical units created prior
				to January 1, 1984 or units certified by the Illinois Educational Labor
				Relations Board prior to the effective date of these regulations. Nothing in
				this Part shall be construed to supersede this Part or rights of educational
				employees under Section 7 of the Act. Presumptively appropriate means that a
				bargaining unit has been found to have the requisite community of interest
				under Section 7a of the Educational Labor Relations Act (the Act)
				[115
				ILCS 5/7(a) ], unless the
				appropriateness is rebutted by contrary evidence.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1135 - UNIVERSITY OF ILLINOIS BARGAINING UNITS › Section 1135.20 - Presumptively Appropriate Bargaining Units

Current through Register Vol. 48, No. 28, July 12, 2024
a) With respect to educational employees
			 employed at the Urbana-Champaign campus or employed in units located outside
			 Urbana-Champaign which report administratively to the Urbana-Champaign campus,
			 the following units shall be presumptively appropriate for collective
			 bargaining:
1) Unit 1: All full-time (i.e.,
			 employees who have .51 or greater appointment as a faculty member) tenured or
			 tenure-track faculty, but excluding all faculty members of the College of Law
			 and the College of Veterinary Medicine.
2) Unit 2: All full-time (i.e., employees who
			 have .51 or greater appointment as a faculty member) nontenure-track faculty,
			 but excluding all faculty members of the College of Law and the College of
			 Veterinary Medicine.
3) Unit 3: All
			 full-time (i.e., employees who have .51 or greater appointment as a faculty
			 member) tenured, tenure-track or nontenure-track faculty members of the College
			 of Law.
4) Unit 4: All full-time
			 (i.e., employees who have .51 or greater appointment as a faculty member)
			 tenured, tenure-track or nontenure-track faculty members of the College of
			 Veterinary Medicine.
5) Unit 5: All
			 full-time non-visiting academic professionals exempted as Principal
			 Administrative Employees from Section 36e of the State Universities Civil
			 Service Act [110 ILCS 70/36e ] who
			 have a .50 or greater appointment in that position.
6) Unit 6: All full-time and regular
			 part-time professional employees, as that term is defined in Section 2(k) of
			 the Illinois Educational Labor Relations Act [115 ILCS
			 5/2(k) ] who are not exempt from the
			 State Universities Civil Service Act.
7) Unit 7: All full-time and regular
			 part-time technical and paraprofessional employees not exempt from the State
			 Universities Civil Service Act. A technical and paraprofessional employee is a
			 person who performs work that is typically laboratory or field work.
8) Unit 8: All full-time and regular
			 part-time non-professional administrative and clerical employees not exempt
			 from the State Universities Civil Service Act.
9) Unit 9: All full-time and regular
			 part-time service and maintenance employees not exempt from the State
			 Universities Civil Service Act.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1135 - UNIVERSITY OF ILLINOIS BARGAINING UNITS › Section 1135.30 - Bargaining Unit Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The units set forth in Section
			 1135.20
			 are presumptively appropriate. Petitions for units other than those set forth
			 in this Part may be filed and shall be processed in accord with the regular
			 rules of this agency concerning representation cases (80 Ill. Adm. Code 1110).
			 Units of educational employees of the Board of Trustees of the University of
			 Illinois other than those set forth herein shall be established only if the
			 petitioner can show the following by clear and convincing evidence:
1) that the unit is otherwise appropriate
			 under Section 7 of the Illinois Educational Labor Relations Act;
2) that special circumstances and compelling
			 justifications make it appropriate for the Illinois Educational Labor Relations
			 Board to establish a unit different from those set forth above;
3) that establishment of a different unit
			 will not cause undue fragmentation of bargaining units or proliferation of
			 bargaining units. Undue fragmentation of bargaining units or proliferation of
			 bargaining units means that the number of bargaining units is such as to
			 threaten to interrupt services, cause labor instability, and cause continual
			 collective bargaining and a multitude of representation proceedings.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.3 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations contained in this Part detail the procedures
				that employers, employees and labor organizations should use when filing
				petitions and charges pursuant to Parts 1210, 1220 and 1230, which implement
				the provisions of the Illinois Public Labor Relations Act [5 ILCS 315 ]. This
				Part shall not apply to cases filed pursuant to Section 6.1 of the Illinois
				Police Training Act [50
				ILCS 705/6.1 ]. This Part does not apply to cases
				filed pursuant to Section 6.1 of the Illinois Public Labor Relations Act
				[5
				ILCS 315/6.1 ] except when specifically referenced in
				80 Ill. Adm. Code 1300.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.5 - Board Information and Business Hours

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Springfield office of the Illinois
			 Labor Relations Board is located at:
801 South Seventh Street, Ste. 1200-A
Springfield IL 62703
telephone: 217-785-3155
facsimile: 217-785-4146
b) The Chicago office of the Board is located
			 at:
160 N. LaSalle St., Suite S-400
Chicago IL 60601
telephone: 312-793-6400
facsimile: 312-793-6989
c) The Board's website address is
www.Illinois.gov/ilrb
. The Board's
			 designated email address for electronic filing purposes is
			 ILRB.filing@Illinois.gov.
d) The
			 official business hours of the Board are 8:30 a.m. to 5:00 p.m., Monday through
			 Friday.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.7 - Board Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of
			 meetings is given on the Board's website,
www.Illinois.gov/ilrb
, and at
			 each of the Board's offices in accordance with the provisions of the Open
			 Meetings Act [5 ILCS
			 120/2.02 ].
b) After the Board has considered pending
			 cases, members of the public shall be permitted to address the Board during the
			 open portion of a Board meeting on subjects relevant to the Board's functions.
			 The comments by each member of the public shall be limited to a reasonable
			 period of time, not to exceed five minutes, without permission of the
			 Chairman.
c) Any person may record,
			 by tape, film or other means, the meetings of the Illinois Labor Relations
			 Board's State Panel, Local Panel or the Panels meeting in joint session that
			 are required to be open by Illinois law. However, if the recording process
			 interferes with the overall decorum and proceeding of a meeting, the recording
			 shall be discontinued at the request of the Chairman or other presiding
			 officer.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.20 - Filing and Service of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All documents may be filed in either the
			 Board's Springfield or Chicago office.
b) Whenever this Part or 80 Ill. Adm. Code
			 1210, 1220 or 1230 requires that a document be on a form developed by the
			 Board, the document may be prepared on a form obtained either from a Board
			 office or from the Board's website. Minor deviations in the form of a document
			 shall not be grounds for objecting to the document. Minor deviations are those
			 concerning form rather than substance that do not prejudice the other parties
			 to a proceeding.
c) Documents may
			 be filed by any of the following methods:
1)
			 By actual delivery of documents to the Board;
2) By first class, registered or certified
			 United States mail or by commercial parcel delivery company; or
3) By email, to the Board's designated email
			 address for electronic filing, provided that any and all attachments are in
			 Microsoft Word format (.doc or.docx) or in Portable Document Form (.pdf). The
			 Board may direct parties to provide hard copies of documents filed by
			 e-mail.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.30 - Computation and Extensions of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) In computing any period of time prescribed
			 by the Act or this Part, the designated period of time begins to run the day
			 after the act, event or default and ends on the last day of the period so
			 computed. If the day after the act, event or default when the period is
			 supposed to begin to run happens to be a Saturday, Sunday or legal holiday, the
			 period does not begin to run until the next day that is not a Saturday, Sunday
			 or legal holiday. If the last day falls on a Saturday, Sunday or legal holiday,
			 the time period shall be automatically extended to the next day that is not a
			 Saturday, Sunday or legal holiday.
b) When a time period prescribed under the
			 Act or this Part is 7 days or less, intervening Saturdays, Sundays or legal
			 holidays shall not be included.
c)
			 Service of a document upon a party by mail shall be presumed complete 3
			 business days after mailing, if proof of service shows the document was
			 properly addressed. This presumption may be overcome by the addressee, with
			 evidence establishing that the document was not delivered or was delivered at a
			 later date. A party's failure to accept or claim a document served by mail
			 shall not be grounds for overcoming the presumption.
d) Requests for postponements of hearings
			 shall be filed in accordance with Section
			 1200.45. Requests for
			 postponements of investigations or scheduled conferences, as well as requests
			 for extensions for the filing of briefs, exceptions or responses, must be made
			 prior to the then existing deadlines. These requests will not be granted unless
			 good and sufficient cause is shown and the following requirements are met:
1) all requests must be in writing directed
			 to the investigator, Administrative Law Judge, Executive Director or General
			 Counsel responsible for the proceeding;
2) the grounds for the request must be set
			 forth in detail;
3) the requesting
			 party must specify alternative dates for scheduling the hearing or conference
			 or for the due date of any documents;
4) the position of all parties concerning
			 both the postponement or extension requested and the proposed alternative dates
			 must be ascertained in advance by the requesting party and set forth in the
			 request;
5) for purposes of this
			 Section, good and sufficient cause may include a showing to the satisfaction of
			 the Board or its agents that a postponement or extension will result in
			 settlement of the case;
6) except
			 for good cause shown, no request for postponement will be granted on any of the
			 3 days immediately preceding the date of a hearing, investigation or
			 conference. All continuances must be to a date and time certain; in no event
			 shall an indefinite continuance be granted.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.40 - Authority of Administrative Law Judges

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Administrative Law Judge (ALJ) shall
			 have the duty to conduct a fair hearing, to take all necessary action to avoid
			 delay, to maintain order, and to ensure development of a clear and complete
			 record. The ALJ shall have all powers necessary to achieve these ends,
			 including, but not limited to, the discretionary authority to:
1) Require the parties to participate in a
			 pre-hearing conference and/or mediation before proceeding with a
			 hearing;
2) Require all parties to
			 submit pre-hearing information, including, but not limited to:
A) a detailed written statement of the issue
			 to be resolved at hearing and its position;
B) a list of witnesses each party intends to
			 call, the nature of their testimony, the estimated time for each witness'
			 testimony, and the estimated time for the party's case in chief;
C) a list of exhibits to be offered by each
			 party in its case in chief and a copy of each exhibit; and
D) all other information the ALJ
			 requests;
3) Regulate
			 the proceedings of the case, and the conduct of the parties and their
			 counsel;
4) Administer oaths and
			 affirmations;
5) Receive relevant
			 testimony and evidence;
6)
			 Establish reasonable limits on the frequency and duration of the testimony of
			 any witness and limit repetitious or cumulative testimony;
7) Examine witnesses and direct witnesses to
			 testify; however, this provision does not lessen any party's burden of
			 proof;
8) Issue subpoenas and rule
			 upon motions to revoke subpoenas;
9) Take administrative notice of generally
			 recognized facts of which Illinois courts may take judicial notice and of other
			 facts within the specialized knowledge and experience of the Board;
10) Rule on objections, motions and questions
			 of procedure;
11) Authorize the
			 submission of briefs and set the time for their filing;
12) Hear closing argument;
13) Order a hearing reopened prior to the
			 issuance of the ALJ's recommended decision and order;
14) Render and serve the recommended decision
			 and order on the parties to the proceeding;
15) Carry out the duties of ALJ as provided
			 or otherwise authorized by the Act, this Part, or 80 Ill. Adm. Code 1210, 1220
			 or 1230.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.45 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions during
			 the course of an investigation must be filed with the Executive Director. In
			 matters set for hearing, all motions must be filed with the assigned
			 Administrative Law Judge. Once the Administrative Law Judge's recommended
			 decision and order has issued, all motions must be filed with the General
			 Counsel. Any briefs related to a motion filed before an Administrative Law
			 Judge or General Counsel must comport with Section
			 1200.140.
b) Motions must be made in writing unless
			 made during the hearing, at which time the motions may be made verbally, on the
			 record. Motions must briefly state the grounds for the motion and any relief
			 requested. Written motions must be served in accordance with Section
			 1200.20.
1) Motions to extend time for the filing of
			 documents must contain a statement that the moving party discussed the
			 requested extension with the other parties. If no objections were raised, the
			 moving party must certify that the other parties were consulted and authorized
			 the moving party to represent that they have no objections. If objections were
			 raised, the moving party must describe those objections and its
			 response.
2) Motions for
			 continuance of a hearing must contain a statement that the moving party
			 consulted with the other parties to determine whether they have any objection
			 to the requested continuance. Where there are no objections, the moving party
			 must certify that it has consulted with the other parties and that they
			 authorized the moving party to represent that they have no objections. Where
			 objections are raised, the moving party must describe those objections and its
			 response. The motion for continuance must contain a statement that the moving
			 party contacted the other parties to determine their availability for hearing
			 on subsequent dates and it must indicate those dates in the motion.
3) At any time prior to the issuance of the
			 recommended decision and order, a party may move to disqualify the
			 Administrative Law Judge on the grounds of bias or conflict of interest. The
			 motion shall be in writing to the General Counsel, with a copy to the
			 Administrative Law Judge, setting out the specific instances of bias or
			 conflict of interest. An adverse decision or ruling, in and of itself, is not
			 grounds for disqualification. The General Counsel may decline to disqualify the
			 Administrative Law Judge or may appoint another Administrative Law Judge to
			 hear the case.
4) Motions to defer
			 an unfair labor practice matter to arbitration may be made in accordance with
			 Section
			 1220.65.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.50 - Recording of Hearings and Payment of Court Reporting Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a hearing
			 is held by the Board or its Administrative Law Judge at which oral argument,
			 testimony, or other oral presentation is offered, it shall be recorded by
			 stenographic or other means that adequately preserves the record. The records
			 shall be transcribed and made part of the administrative record.
b) Subject to appropriation, the Board will
			 bear the costs charged by the stenographer or court reporting service for the
			 first two days of hearing. The parties will share equally the costs of any
			 additional days of hearing. When there is inadequate appropriation, the parties
			 shall share equally all costs charged to the Board by the stenographer or court
			 reporting service.
c) The Board
			 will bear the costs of producing a transcript of oral arguments when oral
			 argument is requested by the Board, but not when oral argument is requested by
			 either party.
d) Parties may order
			 transcripts and shall bear the costs of any transcripts that they
			 order.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.60 - Closing Arguments and Briefs Before An Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
Upon request, a party is entitled to a reasonable period of
				time at the close of the hearing for oral argument, which shall be made part of
				the record. The Administrative Law Judge may direct the filing of briefs when
				the filing is, in the opinion of the Administrative Law Judge, warranted by the
				nature of the proceedings or the particular issues involved. All briefs filed
				shall be in accordance with Section
				1200.140.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.70 - Representation of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
A party may be represented by counsel or any other
				representative of the party's choosing. The representative shall file a Notice
				of Appearance with the Board referencing the case number and caption, and the
				postal address, email address and telephone number of the representative.
				Filing pleadings on behalf of a party shall be equivalent to filing a Notice of
				Appearance, provided the pleadings include the required
				information.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.80 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
No party or other persons legally interested in the outcome of
				a matter pending before an Administrative Law Judge or any Board panel may
				communicate ex parte regarding the matter, either directly or indirectly, with
				any Administrative Law Judge or with any member of the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.90 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
Following the issuance of a complaint for hearing or a notice
				of representation hearing,
the
Board
, upon the
				request of an Administrative Law Judge or upon the written application of a
				party,
shall have the power to issue subpoenas
for witnesses
				and subpoenas for documents. [5 ILCS
				315/11(b) ]
a) Subpoenas for Witnesses
1) A party's written application for
			 subpoenas for witnesses must be directed to the Administrative Law Judge, and
			 must contain the following information:
A)
			 the title and case number of the proceeding;
B) the name, address, e-mail address and
			 phone number of the party requesting the subpoena and its
			 representative;
C) the name of the
			 person to be subpoenaed; and
D) the
			 date, time and place of the appearance to be commanded.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.100 - Transfer of Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever
			 a proceeding is instituted before either the State or Local Panel of the
			 Illinois Labor Relations Board and it appears that the matter is properly
			 subject to the other Panel's jurisdiction, the first Panel shall transfer the
			 case to the other Panel.
b)
			 Whenever one Panel has transferred a case to the other Panel, the other Panel
			 can refuse to accept the transfer if it believes that it does not have
			 jurisdiction. The other Panel's refusal to accept the transfer shall
			 automatically initiate the scheduling of a joint meeting of the State and Local
			 Panels to resolve the jurisdictional issue.
c) Whenever only one member of either Panel
			 believes that a case before that Panel is subject to the jurisdiction of the
			 other Panel, that member shall initiate a joint Panel proceeding to resolve the
			 jurisdictional issue.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.105 - Consolidation of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall consolidate two or more representation or
				unfair labor practice cases when the following 3 conditions are met.
a) The cases involve common parties or issues
			 of law or fact and/or grow out of the same transaction or occurrence;
b) Consolidation would not prejudice the
			 rights of the parties; and
c)
			 Consolidation would result in the efficient and expeditious resolution of
			 cases.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.120 - Voluntary Settlement or Adjustment of Disputes

Current through Register Vol. 48, No. 28, July 12, 2024
The Board, as a matter of policy, encourages the voluntary
				efforts of the parties to settle or adjust disputes involving issues of
				representation, unfair labor practices, and interest and rights disputes. Any
				such efforts at resolution or conciliation and any resulting settlements shall
				be in compliance with the provisions, purposes and policies of the Act. Any
				facts, admissions against interest, offers of settlement or proposals of
				adjustment that have been submitted pursuant to this Section shall not be used
				as evidence of a violation of the Act.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.130 - Rules of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
Considering the nature of the case and the representatives of
				the parties, the Administrative Law Judge will, insofar as practicable, apply
				the rules of evidence applicable in Illinois courts. The Administrative Law
				Judge may, upon proper objection, exclude evidence that is irrelevant,
				immaterial or unduly repetitious. Evidence may be presented in the form of
				testimony, exhibits, or stipulations. Testimonial evidence shall be taken only
				on oath or affirmation.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.135 - Appeals Procedures, Board Review and Court Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Executive Director's Orders
1) Parties may appeal to the Board orders of
			 the Executive Director, except orders setting matters for hearing. Notice of
			 appeal and all supporting materials shall be filed with the Board's General
			 Counsel, in the Board's Chicago office, no later than 10 days after service of
			 the Executive Director's order. The appeal shall be served on all other parties
			 in accordance with Section
			 1200.20.
2) A party may file a response to the appeal
			 and all materials in support of the response no later than 5 days after service
			 of the appeal. The response shall be served on all other parties in accordance
			 with Section 1200.20.
3) The Board
			 will review an Executive Director's order only upon the timely filing of an
			 appeal. The Board may adopt all, part or none of the order depending on the
			 extent to which it is consistent with the record and applicable law. The Board
			 shall issue and serve on all parties its decision and order.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.140 - Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of
			 this Section, "briefs" shall be deemed to include:
1) post-hearing briefs before an
			 Administrative Law Judge;
2) briefs
			 in support of appeals from Executive Director's orders and responses to those
			 orders, inclusive of any separate appeal or response document filed with the
			 brief;
3) briefs in support of
			 exceptions and cross-exceptions to an Administrative Law Judge's recommended
			 decision and order and responses to that decision and order, inclusive of any
			 separate exceptions, cross-exceptions or response document filed with the
			 brief;
4) briefs in support of or
			 opposition to petitions for declaratory ruling;
5) objections to compliance orders;
			 and
6) amicus curiae briefs filed
			 pursuant to subsection (c).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.143 - Declaratory Rulings

Current through Register Vol. 48, No. 28, July 12, 2024
Parties may petition the Board's General Counsel for a
				declaratory ruling, pursuant to Section 5-150 of the Illinois Administrative
				Procedure Act [5 ILCS
				100/5-150 ], as follows:
a) In general public employee bargaining
			 units covered by 80 Ill. Adm. Code 1230.Subpart C, if, after the commencement
			 of negotiations and before reaching agreement, the exclusive representative and
			 the employer have a good faith disagreement over whether the Act requires
			 bargaining over a particular subject or particular subjects, they may jointly
			 petition for a declaratory ruling concerning the status of the law.
1) The petition must be signed by both
			 parties and must contain the name, address, email address, telephone number and
			 person to contact for each party, the date negotiations began, a statement of
			 the legal issue on which a declaratory ruling is sought, and a copy of the most
			 recently negotiated contract, if any.
2) Declaratory rulings shall not be issued
			 concerning factual issues that are in dispute.
3) Each party shall file a brief no later
			 than 10 days after the filing of the petition, unless an extension has been
			 granted by the General Counsel.
4)
			 Any party desiring oral argument shall request oral argument in writing prior
			 to or at the time of the filing of its brief. The General Counsel shall
			 determine whether oral argument is warranted by the particular issues involved.
			 Oral argument shall be held no later than 7 days after the filing of the
			 briefs.
5) The General Counsel
			 shall issue a declaratory ruling no later than 45 days after receipt of the
			 parties' briefs. Pursuant to Board practice and caselaw, the Board considers
			 General Counsel declaratory rulings to be non-binding advisory opinions.
			 Consequently, the Board's General Counsel declaratory rulings are not
			 appealable.
6) The parties shall
			 continue to have a duty to bargain in good faith during the pendency of a
			 declaratory ruling petition. The pendency of a declaratory ruling petition
			 shall not stay the running of the 60 and 30 day notice periods provided in 80
			 Ill. Adm. Code
			 1230.140(a),
			 (b), and (c). Nor shall the pendency of a
			 declaratory ruling petition stay the running of the 5 day notice of intent to
			 strike required under Section 17(a)(5) of the Act.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.145 - Filing of Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
			 60 days after a new collective bargaining agreement that is subject to the Act
			 has been signed by the parties, the parties shall be jointly responsible for
			 filing with the Board a copy of the agreement in .pdf and paper form.
b) The collective bargaining agreements shall
			 be accompanied by a designated Board form setting forth the following
			 information:
1) names, addresses, email
			 addresses, telephone and fax numbers of the parties and their
			 representatives;
2) the contract's
			 execution and expiration dates; and
3) the composition of the bargaining unit and
			 whether the unit is a general public employee unit or a protective services
			 unit.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.150 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
No person who has been a Board member or an employee of the
				Board shall engage in practice before the Board in any respect in connection
				with any case or proceeding that was pending during the person's membership on
				or employment with the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.160 - Variances and Suspensions of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Part or 80 Ill. Adm. Code 1210, 1220 or
				1230 may be waived by the Board when it finds that:
a) The provision from which the variance is
			 granted is not statutorily mandated;
b) No party will be injured by the granting
			 of the variance; and
c) The rule
			 from which the variance is granted would, in the particular case, be
			 unreasonable or unnecessarily burdensome.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.170 - Board Member Meeting Attendance by Means other than Physical Presence

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may allow a member of the Board to attend a meeting
				of the State or Local Panel or a joint meeting of the State and Local Panels by
				means of video or audio conference if:
a) there is physically present at the meeting
			 a quorum of the members of that panel or, in the case of a joint meeting of the
			 State and Local Panels, a quorum consisting of the State Panel Chairman,
			 serving as Chariman of the joint panel meeting, at least two other members of
			 the State Panel, and at least one member of the Local Panel, as required by
			 Section 2.01 of the Open Meeting Act;
b) except when advance notification is
			 impractical, the member wishing to participate by means of video or audio
			 conference has notified the Board's secretary of this desire prior to the
			 meeting; and
c) the member is not
			 able to be physically present at the meeting because of:
1) personal illness or disability;
2) the business of the Board; or
3) a family or other emergency affecting the
			 member.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.10 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations contained in this Part detail the procedures
				that employers, employees and labor organizations should use for employer
				voluntary recognition of a labor organization and for instituting
				representation and related proceedings. These procedures are the exclusive
				means by which a public employer may recognize a labor organization after
				August 22, 1984. The Board does not recognize and the Act does not apply to or
				provide for any other types of purported recognition. The Board does not
				recognize and the Act does not apply to collective bargaining agreements
				negotiated by parties pursuant to other forms of recognition. Such purported
				recognition or agreements will not bar the filing of representation petitions
				pursuant to the Illinois Public Labor Relations Act (Act) [5 ILCS 315
				].