reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.20 - Labor Organization Options in Seeking Recognition

Current through Register Vol. 48, No. 28, July 12, 2024
a) A labor organization seeking recognition
			 in a proposed appropriate bargaining unit in which no other labor organization
			 has attained recognition rights in accordance with the Act may request that the
			 employer voluntarily recognize it or may file a representation petition with
			 the Board.
b) A labor organization
			 seeking recognition in a proposed appropriate bargaining unit in which another
			 labor organization is recognized in accordance with the Act may pursue its
			 request only by filing a representation petition seeking an election with the
			 Board. Majority interest petitions may not be utilized where another labor
			 organization is recognized in accordance with the Act.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.30 - Employer Options in Responding to Recognition Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer faced with a request for
			 recognition in a bargaining unit that is not currently represented by a labor
			 organization may agree to resort to the voluntary recognition procedures set
			 forth in Section
			 1210.160 of
			 this Part; may consent to a representation election; or may file a
			 representation petition with the Board; or may decline to respond to the
			 request.
b) An employer faced with
			 a request for recognition in a bargaining unit in which another labor
			 organization is recognized in accordance with the Act may file a representation
			 petition with the Board or may decline to respond to the request. The employer
			 may not voluntarily recognize the labor organization.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.35 - Timeliness of Petitions and Bars to Election

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contract Bar
1) When there is in effect a collective
			 bargaining agreement of 3 years or shorter duration covering all or some of the
			 employees in the bargaining unit, representation and decertification petitions
			 may be filed during the window period (between 90 and 60 days prior to the
			 scheduled expiration date of the collective bargaining agreement) or anytime
			 after the expiration of the collective bargaining agreement. However, the
			 collective bargaining agreement shall serve as a bar (contract bar) to filing
			 representation or decertification petitions outside of the window
			 period.
2) Where more than 4 years
			 have elapsed since the effective date of the agreement, the agreement shall
			 continue to bar an election, except that the Board may process an election
			 petition filed between 90 and 60 days prior to the end of the fifth year of
			 such an agreement, and between 90 and 60 days prior to the end of each
			 successive year of such agreement. (Section 9(h) of the Act) This bar shall
			 also apply to the filing of majority interest petitions.
3) When an employer recognizes an employee
			 organization without using the voluntary recognition or representation
			 procedures as specified by the Act, any collective bargaining agreement reached
			 by the parties shall not serve as a bar to the filing of a representation or
			 decertification petition.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.37 - Bargaining Unit Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 In determining the appropriateness of a unit for purposes of collective
			 bargaining, the Administrative Law Judge and/or the Board shall consider all
			 relevant factors, including, but not limited to, such factors as historical
			 pattern of recognition; community of interest, including employee skills and
			 functions; degree of functional integration; interchangeability and contact
			 among employees; fragmentation of employee groups; common supervision, wages,
			 hours and other working conditions of the employees involved; and the desires
			 of the employees. If the employer alleges that the petitioned for unit is not
			 appropriate, it shall submit a detailed statement explaining why the unit is
			 not appropriate. The Administrative Law Judge may determine a unit other than
			 the one petitioned for is an appropriate unit. The employer or union must
			 inform the Administrative Law Judge whether it is willing to proceed to an
			 election or a determination of majority status through the Board's card check
			 procedures in a unit other than one petitioned for.
b) In describing the unit found appropriate
			 for purposes of collective bargaining, the Board may, at the parties' request,
			 describe the unit in job function terms rather than by job titles. Such unit
			 descriptions may also include those currently existing job titles that perform
			 the job functions.
c) A bargaining
			 unit described as consisting of particular job titles shall also include any
			 job titles later created that are successor job titles to the currently
			 existing job titles or perform the same or substantially similar job functions
			 as the currently existing job titles.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.40 - Representation Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 representation petition may be filed by:
1) an
			 employee, a group of employees, or a labor organization; or
2) an employer, alleging that one or more
			 labor organizations have presented a claim to be recognized as an exclusive
			 bargaining representative of a majority of the employees in an appropriate
			 unit. (Section 9(a)(2) of the Act)
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.50 - Intervention Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 intervention petition may be filed by an employee, a group of employees, or a
			 labor organization on a Board-designated form.
b) Intervention petitions shall be signed by
			 a representative of the petitioning party and shall contain the same
			 information as is required for representation petitions.
c) Intervention petitions may be filed with
			 the Board no later than 15 days prior to the date of the election. However, any
			 intervenor who files after the commencement of the hearing or, if no hearing is
			 held, after the approval of a consent election agreement or the direction of an
			 election, shall have waived objections to the bargaining unit.
d) Intervention petitions shall be
			 accompanied by a showing of interest, as defined in Section
			 1210.80,
			 that at least 10 percent of the employees in a bargaining unit substantially
			 similar to the petitioned for unit or at least 30 percent of the employees in a
			 bargaining unit that is not substantially similar to the petitioned for unit
			 wish to be represented by the labor organization. In determining whether the
			 proposed bargaining units are substantially similar, the Board will consider
			 the number and type of employees included in each of the proposed units. The
			 proposed units will not be considered substantially similar whenever less than
			 50 percent of the employees in the originally proposed unit are included in the
			 unit proposed by the intervenor.
e)
			 When a proposed unit combines craft and noncraft employees, a labor
			 organization may file a petition to intervene in a unit limited to a craft.
			 Whenever a party has so intervened, the election shall proceed in accordance
			 with Section
			 1210.140.
f) When a proposed unit combines professional
			 and nonprofessional employees, a labor organization may file a petition to
			 intervene in a unit limited to professional employees or limited to
			 non-professional employees. The election shall be conducted in accordance with
			 Section
			 1210.140(d).
g) When a proposed unit combines civilian
			 employees and peace officers, a labor organization may file a petition to
			 intervene in a unit limited to civilian employees or limited to peace officer
			 employees. A bargaining unit determined by the Board to contain peace officers
			 shall contain no employees other than peace officers unless otherwise agreed to
			 by the employer and the labor organization or labor organizations
			 involved.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.60 - Decertification Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 purpose of a decertification proceeding is to determine whether a majority of
			 the employees in an appropriate bargaining unit maintain their desire to be
			 represented by the existing exclusive bargaining representative.
b) A petition to decertify an existing
			 exclusive representative may be filed with the Board. The petition shall be
			 served by the Board on the exclusive representative and on the employer. The
			 petition shall be on a form developed by the Board. It shall be signed and
			 shall contain the following:
1) the name,
			 address and telephone number of the petitioner and of the petitioner's
			 representative;
2) the name,
			 address, telephone number and affiliation, if any, of the exclusive
			 representative;
3) the name,
			 address and telephone number of the employer;
4) a specific and detailed description of the
			 bargaining unit
,
including employee classifications or
			 job titles;
5) the approximate
			 number of employees in the bargaining unit;
6) the date that the exclusive representative
			 was recognized and the method of recognition, if known;
7) a brief description of any collective
			 bargaining agreements covering any employees in the bargaining unit, and the
			 expiration dates of the agreements.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.65 - Declaration of Disinterest Petition

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 A labor organization that has been certified by the Board or historically
			 recognized pursuant to Section 9 of the Act as the exclusive bargaining
			 representative of a bargaining unit may file a Declaration of Disinterest
			 petition with the Board to declare its disinterest in further representation of
			 that bargaining unit. The petition shall be on a Board-designated form, signed,
			 and shall contain the following:
1) the name,
			 address, telephone number and affiliation, if any, of the petitioning labor
			 organization and its representative;
2) the name, address and telephone number of
			 the employer;
3) a specific and
			 detailed description of the bargaining unit, including employee classifications
			 or job titles;
4) the approximate
			 number of employees in the bargaining unit;
5) the date that the exclusive representative
			 was recognized and the method of recognition, if known;
6) a brief description of any collective
			 bargaining agreements covering any employees in the bargaining unit, and the
			 expiration dates of the agreements; and
7) A declaration that the labor organization
			 waives and disclaims any right to represent the bargaining unit
			 employees.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.80 - Showing of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Representation Petitions/Decertification Petitions
Representation petitions filed by employees, groups of
				employees and labor organizations, and all decertification petitions, must be
				accompanied by a 30% showing of interest.
b) Majority Interest Petitions
If a labor organization has indicated on the representation
				petition that it is seeking to utilize the Board's card check procedures for
				determination of majority support, the petition must be accompanied by a
				showing of interest evidencing that a majority of the employees in the
				petitioned-for bargaining unit wish to be represented by the labor
				organization.
c)
			 Intervention Petitions
A petition to intervene in an election must be supported by a
				10% showing of interest when the petition seeks a bargaining unit substantially
				similar to the unit originally petitioned for. When the intervenor seeks a
				bargaining unit substantially different from the unit originally petitioned
				for, the petition must be supported by a 30% showing of interest. However, an
				incumbent exclusive representative shall automatically be allowed to intervene
				without submitting any showing of interest. Petitions to intervene shall not be
				permitted in majority interest cases.
d) Showing of Interest Requirements
1) Representation Petitions Seeking Elections
A) The showing of interest in support of a
			 representation petition may consist of authorization cards, petitions, or any
			 other evidence that demonstrates that at least 30% of the employees wish to be
			 represented by the labor organization.
B) The showing of interest in support of a
			 decertification petition may consist only of cards or petitions clearly stating
			 that the employee does not want the incumbent labor organization to continue
			 serving as exclusive representative.
C) Any evidence submitted as a showing of
			 interest must contain legible signatures and each signature must be dated by
			 the employee. The showing of interest in support of a petition may be evidenced
			 by the electronic signature of the employee, as set forth in 80 Ill. Adm. Code
			 1210.80(e).
D) The showing of
			 interest shall be valid only if signed within 12 months prior to the filing of
			 the petition.
E) Where
			 non-electronic signatures are used to determine showing of interest, the Board
			 will not accept copies of the documents bearing such signatures.
F) The evidence submitted as a showing of
			 interest must indicate the employee's desire for the named labor organization
			 to act as his/her exclusive bargaining representative.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.105 - Consent Elections

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Following the filing of a petition, a stipulation for a consent election may be
			 filed as follows:
1) The stipulation must be
			 signed by the petitioner, the employer, the labor organization seeking to
			 represent the employees, and any intervenor that has filed a timely
			 petition.
2) The stipulation must
			 specify the bargaining unit; the eligibility date for participation in the
			 election; the date, place and hours of the election; and a reasonable number of
			 observers allowed to each party.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.107 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Representation
			 hearings shall be non-adversarial in nature. All parties may present evidence
			 and make arguments, subject to the control of the Administrative Law Judge.
			 Subject to the discretion of the Administrative Law Judge, the employer shall
			 present its evidence first in representation hearings. Any party asserting a
			 statutory exclusion shall have the burden of providing sufficient evidence in
			 support of that exclusion.
b) If
			 the petitioner fails to appear after proper service of Notice of Hearing, the
			 Administrative Law Judge shall dismiss the petition. If any party other than
			 the petitioner fails to appear, the Administrative Law Judge may proceed in its
			 absence and issue a recommended decision and order.
c) Interested persons, other than labor
			 organizations, who may be necessary to the proceedings, who wish to intervene
			 in the hearing shall direct a request to the Administrative Law Judge. The
			 request shall be in writing and shall state the grounds for intervention. The
			 Administrative Law Judge shall have discretion to grant or deny the request for
			 intervention. The decision shall be based upon the interests of the intervenor,
			 whether those interests will be adequately protected by existing parties, and
			 the timeliness of the intervenor's request.
d) Pursuant to 80 Ill. Adm. Code
			 1200.40, the
			 Administrative Law Judge may schedule a pre-hearing conference or request
			 statements of position when it appears to the Administrative Law Judge that
			 such would expedite the procedure.
e) Intermediate rulings of the Administrative
			 Law Judge shall not be subject to interlocutory appeal, except for rulings
			 issued in accordance with 80 Ill. Adm. Code
			 1220.65.
			 Parties may raise objections to such intermediate rulings in their exceptions
			 to the Administrative Law Judge's recommended decision.
f) The Administrative Law Judge shall inquire
			 fully into all matters in dispute, and shall obtain a full and complete record.
			 The Administrative Law Judge shall file and serve on the parties a recommended
			 decision and order of the case as expeditiously as possible.
g) All exceptions, cross-exceptions,
			 responses and cross-responses to the Administrative Law Judge's recommended
			 decision and order shall be filed and served in accordance with 80 Ill. Adm.
			 Code
			 1200.135.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.130 - Eligibility of Voters

Current through Register Vol. 48, No. 28, July 12, 2024
a) To be
			 eligible to vote in an election, an employee must have been in the bargaining
			 unit as of the last day of the payroll period immediately prior to the date of
			 the direction of the election or the approval of a consent election agreement,
			 and must still be in the bargaining unit on the date of the election.
b) To be eligible to vote in a runoff
			 election, an employee must have been eligible to vote in the original election
			 and still be in the bargaining unit on the date of the runoff.
c) Within 7 days following the Executive
			 Director's approval of a consent election agreement or within 7 days following
			 a Direction of Election, the employer shall furnish the Board and the labor
			 organizations with an excelsior list of the full names, alphabetized by last
			 name, and addresses of the employees eligible to vote in the election. The
			 lists shall be provided by personal delivery or certified mail. The employer
			 shall obtain receipts verifying delivery.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.150 - Objections to the Election

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 party to the election may file objections with the Board alleging that the
			 result was not fairly and freely chosen by a majority of the employees. The
			 party must serve its objections on the other parties to the election prior to
			 or simultaneously with their filing with the Board.
b) Objections must be received by the Board
			 no later than five days after the final tally was served on the
			 representatives. Pending challenges to ballots shall not stay the time for
			 filing objections.
c) The objecting
			 party shall, within five days after filing objections, submit to the Board a
			 statement of material facts and issues and a summary of material
			 evidence.
d) The Executive Director
			 shall promptly investigate the allegationsand
,
at the conclusion of the investigation,
			 issue a report on the challenges and/or objections. If the Executive Director
			 finds no reasonable cause to believe that the result of the election was not
			 fairly and freely chosen, he shall issue a report dismissing the challenges and
			 objections. Parties may appeal the Executive Director's report in accordance
			 with 80 Ill. Adm. Code
			 1200.135.
			 If the Executive Director finds reasonable cause to believe that the result of
			 the election was not fairly and freely chosen by a majority of the employees,
			 he or she shall set the matter for hearing before an Administrative Law Judge.
			 The Administrative Law Judge will conduct the hearing in accordance with
			 Section
			 1210.105. If
			 it is determined, after hearing, that the result was not fairly and freely
			 chosen by a majority of the employees, the Board shall order a new election and
			 shall order corrective action it finds necessary to ensure the fairness of the
			 new election. If it is determined that the result was fairly and freely chosen
			 by a majority of the employees, the Board shall promptly certify the election
			 results.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.160 - Voluntary Recognition Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Voluntary recognition petitions may not be
			 filed under the following circumstances:
1)
			 whenever a labor organization is recognized in accordance with the Act as the
			 exclusive representative of all or some of the employees in the bargaining
			 unit; and
2) whenever the proposed
			 bargaining unit would include both professional and nonprofessional
			 employees.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.170 - Unit Clarification Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) An exclusive representative or an employer
			 may file a unit clarification petition to clarify or amend an existing
			 bargaining unit when:
1) substantial changes
			 occur in the duties and functions of an existing title, raising an issue as to
			 the title's unit placement;
2) an
			 existing job title that is logically encompassed within the existing unit was
			 inadvertently excluded by the parties at the time the unit was established;
			 and
3) a significant change takes
			 place in statutory or case law that affects the bargaining rights of
			 employees.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.175 - Stipulated Unit Clarification Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The parties may stipulate to a unit
			 clarification. The parties shall file with the Board a unit clarification
			 petition indicating their stipulation. Following the filing of such a petition,
			 the Board shall provide the employer with a Notice to Employees of the
			 Stipulated Unit Clarification. The Board-issued Notice to Employees of the
			 Stipulated Unit Clarification shall be posted on bulletin boards and at other
			 places where notices to employees in the bargaining unit are customarily
			 posted. The Notice to Employees shall advise employees of the terms of the
			 stipulation and direct persons objecting to the stipulation to file objections
			 with the Board. The Notice shall remain posted for the 20 day period specified
			 in the Notice to Employees. The employer shall take reasonable steps to ensure
			 that the Notice is not removed or defaced during the posting period.
b) During any posting period under this
			 Section, interested parties may file objections with the Board. Objections
			 shall be served on the employer and the exclusive representative prior to, or
			 simultaneously with, their filing with the Board. If objections are not timely
			 filed and/or properly served, the objections shall be deemed waived.
c) Following the posting period, if no
			 objections have been filed, the Board shall approve or disapprove the unit
			 clarification depending upon whether the amendment or clarification is
			 consistent with the Act. If objections have been filed, the Board shall proceed
			 in accordance with Section
			 1210.170(e).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.180 - Procedures for Amending Certifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) An exclusive representative shall file a
			 petition with the Board to amend its certification whenever there is a change
			 in its name or structure. An employer or exclusive representative shall file a
			 petition to amend a unit certification whenever there is a change in the
			 employer's structure or when the certification incorrectly identifies the
			 bargaining unit or contains any other errors. The petition shall be served by
			 the Board on any employer, or exclusive representative, who is not the
			 petitioner. The petition shall be signed, under penalty of perjury, and shall
			 contain:
1) the name, address and telephone
			 number of the employer;
2) the
			 name, address, telephone number and affiliation, if any, of the exclusive
			 representative, as certified by the Board;
3) the name, address and telephone number of
			 petitioner's representative;
4) a
			 description of the proposed amendment; and
5) the reasons for the proposed
			 amendment.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1210 - REPRESENTATION PROCEEDINGS › Section 1210.190 - Expedited Elections Pursuant to Section 10(b)(7)(C) of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever a labor
			 organization is engaged in activities set forth in Section 10(b)(7)(C) of the
			 Act, the employer may file a petition for an expedited election.
b) Labor organizations and employees may not
			 file petitions for expedited elections.
c) A petition for an expedited election shall
			 contain the same information as set forth in Section
			 1210.40 of this Part
			 for representation petitions. A petition for an expedited election shall also
			 contain a detailed statement describing the picketing, including the date the
			 picketing began. The petition shall be accompanied by evidence, including
			 relevant documents and affidavits, supporting the employer's allegation of
			 activities as set forth in Section 10(b)(7)(C) of the Act. The petition shall
			 be served by the Board on the labor organization.
d) The Board shall investigate the petition.
			 The investigation shall include an expedited hearing where one is necessary to
			 resolve disputed issues of fact concerning the appropriateness of the
			 bargaining unit or the appropriateness of an expedited election. The parties
			 shall be given at least 24 hours notice of the hearing.
e) If, after investigation, the Board
			 determines that recognitional or organizational picketing within the meaning of
			 Section 10(b)(7)(C) of the Act is continuing, it shall direct an expedited
			 election. The order directing an expedited election shall establish the
			 bargaining unit, the date for the election, and the number of observers that
			 the parties may have.
f) The
			 expedited election shall be conducted on site, in accordance with Section
			 1210.140.
			 Objections to the election may be filed in accordance with Section
			 1210.150.
g) After completion of the election, any
			 continuation of the activities as set forth in Section 10(b)(7)(C) of the Act
			 or any threat to continue such activities shall constitute a violation of
			 Section 10(b)(7)(B) of the Act.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.10 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations contained in this Part detail the procedures
				for initiating, processing and resolving charges that an employer or a labor
				organization has committed, or is committing, an unfair labor practice in
				violation of Sections 10(a) and 10(b) of the Illinois Public Labor Relations
				Act (Act) [5 ILCS 315 ].
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.20 - Filing of a Charge

Current through Register Vol. 48, No. 28, July 12, 2024
a) An unfair
			 labor practice charge may be filed with the Board by an employer, a labor
			 organization, or an employee.
b)
			 Unfair labor practice charges shall be on a form developed by the Board, shall
			 be signed by the charging party, and shall contain:
1) the name, address, telephone number and
			 affiliation, if any, of the charging party;
2) the name, address, telephone number and
			 affiliation, if any, of the respondent;
3) the name, address and telephone number of
			 the charging party's representative;
4) a clear and complete statement of facts
			 supporting the alleged unfair labor practice, including dates, times and places
			 of occurrence of each particular act alleged, and the Sections of the Act
			 alleged to have been violated;
5) a
			 statement as to whether a grievance concerning the same, similar or related
			 issue as the charge is pending; and
6) a statement of the relief sought, provided
			 that the statement shall not limit the Board's ability to award relief based on
			 the record.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.40 - Charge Processing and Investigation, Complaints and Responses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board or its
			 agent shall investigate the charge. The investigation may include an
			 investigatory conference with the parties.
1)
			 The charging party shall submit to the Board or its agent all evidence relevant
			 to or in support of the charge. The evidence may include documents and
			 affidavits. If the charging party does not comply with the agent's requests for
			 information and documents, the agent may recommend dismissal of the
			 charge.
2) Upon request by the
			 Board or its agent, the respondent may submit a complete account of the facts,
			 a statement of its position in respect to the allegations set forth in the
			 charge and all relevant evidence in support of its position. The evidence may
			 include documents and affidavits.
3) If the investigation reveals that the
			 charge involves an issue of law orfact [5 ILCS
			 315/11(a) ] sufficient to warrant a
			 hearing, the Board or the Executive Director shall issue a complaint for
			 hearing. The complaint shall state the issues that warrant a hearing and shall
			 be served on the respondent and the charging party.
4) If the charge does not state a claim on
			 its face or if the investigation reveals that there is no issue of law or fact
			 sufficient to warrant a hearing, the Executive Director shall dismiss the
			 charge. The charging party may appeal the dismissal in accordance with 80 Ill.
			 Adm. Code
			 1200.135.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.50 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the
			 issuance of a complaint for hearing, the Board shall set the matter for hearing
			 before an Administrative Law Judge. The hearing shall be set not less than5days
			 after serving ofsuch complaint. (Section 11(a) of the Act)
b) Interested persons who wish to intervene
			 in the hearing shall direct such requests to the Administrative Law Judge.
			 Motions shall be made in accordance with 80 Ill. Adm. Code
			 1200.45. The request
			 shall be in writing and shall state the grounds for intervention. The
			 Administrative Law Judge shall have discretion to grant or deny the request for
			 intervention. The decision shall be based upon the interests of the intervenor,
			 whether those interests will be adequately protected by existing parties, and
			 the timeliness of the intervenor's request.
c) Pursuant to 80 Ill. Adm. Code
			 1200.40, the
			 Administrative Law Judge may schedule a pre-hearing conference when it appears
			 that such a conference would expedite the procedure.
d) Intermediate rulings of the Administrative
			 Law Judge shall not be subject to interlocutory appeal. Parties may raise
			 objections to intermediate rulings in their exceptions to the Administrative
			 Law Judge's recommended decision.
e) The charging party shall present its case
			 in support of the charge. The charging party shall have the burden of proving
			 the allegations of its unfair labor practice charge. The respondent may present
			 evidence in support of its defense.
f) The Administrative Law Judge, on the
			 judge's own motion or on the motion of a party, may amend a complaint to
			 conform to the evidence presented in the hearing or to include uncharged
			 allegations at any time prior to the issuance of the Judge's recommended
			 decision and order.
g) The
			 Administrative Law Judge shall inquire fully into all matters in dispute, and
			 shall obtain a full and complete record either by evidentiary hearing and/or
			 stipulation. After the close of the hearing, the Administrative Law Judge shall
			 file and serve on the parties a recommended decision.
h) If the charging party fails to appear at
			 the hearing after proper service of notice, the Administrative Law Judge shall
			 dismiss for want of prosecution. If the respondent fails to appear, the
			 Administrative Law Judge shall proceed in the absence of the respondent and
			 issue a recommended decision and order.
i) All exceptions, cross-exceptions,
			 responses and cross-responses to the Administrative Law Judge's recommended
			 decision and order shall be filed and served in accordance with 80 Ill. Adm.
			 Code
			 1200.135.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.65 - Deferral to Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board
			 may, on its own motion or the motion of a party, defer the resolution of an
			 unfair labor practice charge to the grievance arbitration procedure contained
			 in a collective bargaining agreement.
b) A party may file a motion to defer the
			 resolution of an unfair labor practice charge:
1) at any time during the investigation prior
			 to the issuance of a complaint for hearing, dismissal, or deferral order. The
			 motion shall be made in writing to the Board agent investigating the unfair
			 labor practice charge and shall be served in accordance with 80 Ill. Adm. Code
			 1200.20;
			 and
2) within 25 days after the
			 issuance of a complaint for hearing. The motion shall be made in writing to the
			 Administrative Law Judge assigned to the case and shall be served in accordance
			 with 80 Ill. Adm. Code 1200.20.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.70 - Requests for Preliminary Relief

Current through Register Vol. 48, No. 28, July 12, 2024
The charging party may request the Board to seek preliminary
				relief pursuant to Section 11(h) of the Act. The charging party shall have the
				burden of demonstrating to the General Counsel that if preliminary relief is
				not sought it will suffer irreparable harm and that the remedies available from
				the Board will be inadequate. Any request to seek such preliminary relief shall
				be in writing and accompanied by affidavits, documents or other evidence
				supporting the request. All requests shall be filed with the General Counsel
				and shall be served on the other party simultaneously with their filing with
				the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.80 - Compliance Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever
			 it is determined that an unfair labor practice has been committed, a copy of
			 the Board's decision and order, or a copy of the Administrative Law Judge's
			 (ALJ's) recommended decision and order in cases in which the Board has declined
			 to review the ALJ's recommended decision and order, shall be sent to the
			 compliance officer who shall be responsible for monitoring the respondent's
			 compliance with the order. Following an investigation, the compliance officer
			 may order that the parties take certain actions or he or she may set the matter
			 for a compliance hearing.
b)
			 Parties may request that the Board seek enforcement of the Board's order
			 pursuant to Section 11(f) of the Act. Requests shall be in the form of a
			 petition for enforcement filed with the Board and served upon the other
			 parties. The petition shall set forth specifically the manner in which the
			 respondent has failed to voluntarily comply with the Board's order, or ALJ's
			 recommended order in cases in which the Board has declined to review the ALJ's
			 order.
c) The compliance officer
			 shall investigate the information in the petition and shall issue and serve
			 upon the parties, no later than 75 days after the filing of the petition, an
			 order dismissing the petition, directing specifically the actions to be taken
			 by the respondent, or setting the matter for hearing before an ALJ.
d) If a party fails or refuses to respond to
			 a compliance officer's request for information, the compliance officer shall
			 make the determinations based on the evidence presented.
e) No later than 7 days after service of the
			 compliance officer's order dismissing the petition or directing action by the
			 respondent, the parties may file objections to the compliance order. The
			 objections shall:
1) set forth specifically
			 the finding, order or omission to which the objection is taken; and
2) set forth specifically the grounds for the
			 objection, and be accompanied by any available supporting documentation,
			 specific calculations and requests for subpoenas.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.100 - Unfair Labor Practice Charges Involving Fair Share Fees and Unlawfully-Collected Dues

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unfair Labor
			 Practice Charges Involving Fair Share Fees
1)
			 Unfair labor practice charges that proportionate share fees violate the Act
			 shall be filed and processed in accordance with this Part.
2) The Board shall consolidate charges
			 involving proportionate share fees in accordance with 80 Ill. Adm. Code
			 1200.105.
			 Specifically, the Board shall consolidate in a single proceeding all
			 proportionate share fee charges involving the same bargaining unit. The Board
			 shall consolidate charges involving two or more bargaining units whenever it
			 determines that the exclusive representatives are affiliated with a common
			 employee organization, the exclusive representatives use similar methods for
			 determining fair share fees, the consolidation would not prejudice the
			 constitutional and statutory rights of the objecting employees, and the
			 consolidation would resolve the charges in an efficient manner.
3) In hearings on fair share fee charges, the
			 exclusive representative shall have the burden of proving how the fair share
			 fee was calculated and that the fee did not exceed the employee's proportionate
			 share of
the costs of the collective bargaining process, contract
			 administration and pursuing matters affecting wages, hours and conditions of
			 employment.
(Section 3(g) and (e) of the Act)
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.105 - Appointment of Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 charging party may file a request for appointment of counsel simultaneously
			 with or after filing a charge. The request shall be on a form developed by the
			 Board. It shall be accompanied by an affidavit attesting to the charging
			 party's inability to pay or inability to otherwise provide for adequate
			 representation. (Section 5(k) of the Act) It shall also be accompanied by
			 affidavits, documents or other evidence supporting the charge.
b) A charging party shall be deemed unable to
			 pay or provide for adequate representation if the party's "Adjusted Income" is
			 less than the amount set forth in Table A to this Part for a "Family Unit" of
			 the applicable size, and if this person is not entitled to representation from
			 a labor organization (or such representation would be inappropriate) or under
			 the provisions of a prepaid legal services plan or similar arrangement. As an
			 example, instances when representation by a labor organization would be
			 inappropriate include when an individual files charges against a labor
			 organization.
c) For purposes of
			 this Section, "Adjusted Income" refers to all gross income available to the
			 charging party for the prior year from wages, pensions, annuities, insurance or
			 public assistance benefits, interest and dividends, and other such sources,
			 including liquid assets such as savings and checking accounts, stocks, bonds
			 and similar investments, less the following deductions for the prior year:
1) Child care and court-ordered child support
			 payments;
2) That portion of
			 educational and medical expenses which exceeds 5 percent of total gross
			 income;
3) Unreimbursed expenses of
			 obtaining and maintaining employment; and
4) An amount equivalent to 20 percent of
			 wages earned, to approximate withholding for taxes and social security and the
			 like.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Table A - "Adjusted Income" Standards for Appointment of Counsel in Unfair Labor Practice Cases

Current through Register Vol. 48, No. 28, July 12, 2024
Size of
Family Unit
Adjusted Annual Income Limit
1
$ 8,860
2
11,940
3
15,020
4
18,100
5
21,180
6
24,260
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart A - STATEMENT OF PURPOSE AND DEFINITIONS › Section 1230.10 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				In creating this Part it is the Board's intent to be cognizant of the interests
				of labor organizations, public employers and employees, and the general public
				in assuring stable labor relations in the public sector. In pursuit of this
				objective, it is incumbent upon both labor organizations and public employers
				to adhere to and comply with the rules and regulations set forth in this Part,
				particularly those provisions that set forth time periods and those provisions
				that set forth requirements for filing, with the Board, contracts, bargaining
				notices and other documents.
b) The
				regulations contained in this Part detail the procedures for giving required
				notices during collective bargaining, for resolving impasses in collective
				bargaining, for making appointments to the Illinois Public Employees
				Mediation/Arbitration Roster, and for the selection of mediators, fact-finders
				and arbitrators from the Roster. The regulations in this Part implement the
				policies of the Illinois Public Labor Relations Act (Act) [5 ILCS 315 ] to
				provide peaceful and orderly procedures to protect the rights of public
				employers, public employees, labor organizations and the general public, to
				prevent labor strife and to protect the public health and safety.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart B - IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS › Section 1230.30 - General Purpose of this Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
Security officers of public employers, and peace officers,
				  firefighters and fire department and fire protection district paramedicsmay not
				  withhold services, nor may public employers lock out or prevent such employees
				  from performing services at any time. (Section 14(m) of the Act) This Subpart
				  implements the public policy of the State of Illinois that where the right of
				  employees to strike is prohibited by law, it is necessary to afford an
				  alternate, expeditious, equitable and effective procedure for the resolution of
				  labor disputes subject to approval procedures mandated by the Act. (Section 2
				  of the Act) To achieve this policy objective, it is incumbent upon the parties
				  to comply with the procedures established and to observe the time periods
				  provided in this Subpart.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart B - IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS › Section 1230.50 - Bargaining Notices for Protective Services Units

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following notice requirements shall
				apply when the parties are bargaining for a successor contract:
1) Pursuant to Section 7 of the Act, any
				party wishing to terminate or modify an existing collective bargaining
				agreement shall serve on the other party a written Notice of the Intent to
				Terminate or Modify. The Notice shall be served on the other party 60 days
				prior to the scheduled termination date of the existing agreement. A copy of
				the Notice shall be filed with the Board by the party wishing to terminate or
				modify at the same time it is served on the other party. The Notice filed with
				the Board shall reference the existing contract's number as assigned by the
				Board.
2) If, no later than 30 days
				after service of the Notice of Intent to Terminate or Modify, the parties have
				not reached agreement on a new contract, the party who filed the Notice shall
				serve on the other party and the Board a Notice of No Agreement. The Notice
				shall be on a Board-designated form and shall set forth:
A) whether the parties are engaged in
				mediation and, if so, with whom;
B)
				if the parties are not in mediation, whether the parties desire the Board's
				assistance in obtaining mediation;
C) if the parties are not in mediation and do
				not require the Board's assistance in obtaining mediation, a statement from the
				parties that they are fully aware of the mandate of Section 14 of the Act that
				they engage in mediation 30 days prior to the expiration of a
				contract.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart B - IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS › Section 1230.60 - Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Parties
				concerned with protective services units shall commence mediation as follows,
				unless provided for in an alternative impasse procedure under Section 14(p) of
				the Act:
1) In bargaining for a successor
				contract, unless the parties mutually agree to some other time limit, 30 days
				prior to expiration of the contract. (Section 14(a) of the Act)
2) In bargaining for an initial contract
				mediation shall commence upon 15 days of notice from either party or at such
				later time as the mediation services chosen pursuant toSection 12(b) of the
				Actcan be provided to the parities. (Section 14(a) of the Act)