Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1125 - FAIR SHARE FEE OBJECTIONS › Section 1125.80 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
			 otherwise provided in this Section, hearings on fair share fee objections shall
			 proceed in the same manner as hearings in both contested cases, as set forth in
			 80 Ill. Adm. Code 1105, Subpart B, and hearings in unfair labor practice
			 proceedings, as set forth in 80 Ill. Adm. Code
			 1120.40.
b) The Executive Director shall appoint a
			 fair share Administrative Law Judge to hold an evidentiary hearing and render a
			 Recommended Decision and Order on the fair share fee objections.
c) The burden of proof shall be on the
			 exclusive representative.
d) The
			 hearing set forth in subsection (b) shall commence no later than 60 days from
			 the last day for filing an objection pursuant to Section
			 1125.30(a).
			 When objections involving two or more bargaining units are consolidated
			 pursuant to Section
			 1125.60, the
			 hearing shall commence no later than 60 days from the last day for filing an
			 objection for any of the bargaining units. A Recommended Decision and Order
			 shall be issued within 60 days after the close of the record, unless additional
			 time (up to 30 days) is required due to the length of the record and/or the
			 complexity of the issues involved. The close of the record does not occur until
			 the Administrative Law Judge orders that it be closed, either at the hearing or
			 after holding the record open for a period for purposes such as allowing a
			 party to provide additional evidence or to attempt to settle objections. The
			 Recommended Decision and Order or a summary of the Recommended Decision and
			 Order shall be served on all parties to the proceeding. A party receiving a
			 summary of the Recommended Decision and Order shall be entitled to receive a
			 copy of the full Recommended Decision and Order on request.
e) Within 21 days after receipt of the
			 Recommended Decision and Order, any party may file exceptions and briefs in
			 support of those exceptions with the General Counsel. A party may also file
			 cross-exceptions and a supporting brief within 14 days after receipt of another
			 party's exceptions and supporting brief. If no exceptions have been filed
			 within 21 days after service of the Recommended Decision and Order, the parties
			 will be deemed to have waived their exceptions. If no cross-exceptions have
			 been filed within 14 days after receipt of another party's exceptions and
			 supporting brief, the parties will be deemed to have waived their
			 cross-exceptions.
f) If timely
			 exceptions are filed, the Board shall issue and serve on all parties a copy or
			 a summary of its decision and order. A party receiving a summary of the Board's
			 decision and order shall be entitled to receive a copy of the full decision and
			 order on request.
g) Upon direction
			 of the Board, the employer shall cease transmitting the fee to the Board and
			 shall deduct, from the objector's pay, the amount determined by the Board to be
			 appropriate and pay same to the exclusive representative. The Board shall
			 disburse the amount held in escrow to the employee and the exclusive
			 representative in accordance with its determination in the case. Interest
			 earned by disputed fees during the time they were held in escrow shall be
			 apportioned pro rata between the employee and the exclusive
			 representative.
h) When an objector
			 to whom funds from the escrow account are due cannot be located within the
			 period set forth in the Uniform Disposition of Unclaimed Property Act [ 765
			 ILCS 1025 ], the funds will be presumed abandoned and will be paid to the State
			 Treasurer in accordance with the provisions of that Act.
i) When, in the case of a religious objection
			 to fair share fees, the parties are unable to agree on a non-religious
			 charitable organization to receive an amount equal to the employee's
			 proportionate share even after receiving the Board's approved list of
			 charitable organizations established pursuant to Section 11 of the Act, the
			 Board will provide the parties with a panel of three charitable organizations
			 taken from the list. If the parties still cannot agree on a charitable
			 organization, the Board will select a charitable organization from the
			 panel.