Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.140 - Conduct of the Election

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 election shall be conducted under the supervision of the Board. Voting shall be
			 by secret ballot. Whenever the Board determines that a mail ballot will better
			 effectuate the purposes of the Act, it shall conduct the election by mail
			 ballot. In all other cases, it shall conduct the election on site.
b) Ballots shall list all labor organizations
			 that properly petitioned or intervened in the election, the incumbent exclusive
			 representative, and the choice of "No Representation".
c) When an election involves a bargaining
			 unit that includes craft employees, and there has been a proper petition for a
			 separate craft unit, craft employees shall be given two ballots: one to vote
			 for or against craft severance and a second to vote on choice of
			 representative, if any. Noncraft employees shall only be given ballots for
			 voting on choice of representative.
d) When an election involves a bargaining
			 unit containing professional and nonprofessional employees, all employees shall
			 be given two ballots: one for indicating whether they desire a combined
			 professional/nonprofessional unit and a second for indicating choice of
			 representative, if any.
e) On Site
			 Election Procedures. When the election is conducted on site, the following
			 procedures shall apply:
1) Each party shall be
			 entitled to an equal number of observers, as determined by the Executive
			 Director or the Board agent. Observers for the employer may not be individuals
			 who supervise any of the employees in the bargaining unit, other individuals
			 closely identified with management, paid union staff, or attorneys for any
			 party. The conduct of observers is subject to such reasonable limitations as
			 the Executive Director or Board agent may prescribe.
2) Parties must submit to the Board agent the
			 names and job titles of each observer who will be present at the election. This
			 information shall be submitted at least 2 days prior to the election.
3) Election observer duties include assisting
			 in the identification of voters, challenging voters and/or ballots, if
			 necessary, and otherwise assisting the Board agent.
4) The Board agent shall prescribe the area
			 in proximity to the polling place in which electioneering shall be prohibited.
			 Cameras, video equipment, and similar equipment shall be prohibited within the
			 actual polling area while employees are voting.
5) Ballot boxes shall be examined in the
			 presence of the observers immediately prior to the opening of the polls and
			 shall be sealed at the opening of the polls. The seal shall allow for one
			 opening on the top of the ballot box for voters to insert their
			 ballots.
6) The Board agent or any
			 authorized observer may challenge the eligibility of any voter. The observer
			 must state the reason for the challenge. A voter whose identity has been
			 challenged may establish identity by showing a driver's license or any other
			 piece of identification acceptable to the Board agent. A challenged voter shall
			 be permitted to vote in secret. The challenged voter's ballot shall be placed
			 in a "challenged ballot" envelope. The envelope shall be sealed by the Board
			 agent and initialed by the observers. The reason for the challenge and the
			 voter's name shall be marked on the envelope and the envelope shall be placed
			 in the ballot box.
7) A voter shall
			 mark a cross (X) or check mark in the circle or block designating the voter's
			 choice in the election. If the voter seeks assistance in marking the ballot,
			 the intent of the voter shall be followed in that marking of the ballot. If the
			 ballot is defaced, torn or marked in such a manner that it is not
			 understandable, or identifies the voter, the ballot shall be declared void. If
			 the voter inadvertently spoils a ballot, it may be returned to the Board agent
			 who shall give the voter another ballot. The spoiled ballot shall be placed in
			 a "spoiled ballot" envelope. The envelope shall be sealed by the Board agent
			 and initialed by the observers, and the Board agent shall place the envelope in
			 the ballot box.
8) A voter shall
			 fold the ballot so that no part of its face is exposed and, on leaving the
			 voting booth, shall deposit the ballot in the ballot box. If the election is
			 continued for more than one period, the ballot box shall be sealed by the Board
			 agent and initialed by the observers until the subsequent opening of the polls
			 and shall remain in the custody of the Board agent until the counting of the
			 ballots.
9) The Board agent may
			 privately assist any voter who, due to physical or other disability, is unable
			 to mark the ballot.
10) Each party
			 shall designate a representative to observe the tallying of the
			 ballots.
11) Upon conclusion of the
			 polling, ballots shall be tallied in accordance with subsection (g). If there
			 was only one polling location, ballots shall be tallied at the polling site. If
			 there was more than one polling location, the Board agent shall seal the ballot
			 boxes, which shall be initialed by the observers, and bring them to a
			 predetermined central location. When all of the ballot boxes have arrived, they
			 shall be opened by the Board agent and the ballots shall be commingled for
			 tallying.