Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1220.90 - Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board's
			 order may in its discretion include an appropriate sanction, based on the
			 Board's rules and regulations, if the other party has made allegations or
			 denials without reasonable cause and found to be untrue or has engaged in
			 frivolous litigation for the purpose of delay or needless increase in the cost
			 of litigation. The State of Illinois or any agency thereof shall be subject to
			 these provisions in the same manner as any other party. (Section 11 of the
			 Act)
b) The Board may award
			 sanctions for such written or recorded allegations or denials, including
			 statements recorded during the course of Board proceedings.
c) The sanction may include an admonition or
			 reprimand; striking an offending allegation or denial; an order to pay the
			 other party or parties' reasonable expenses,including costs and reasonable
			 attorney's fees or an appropriate portion thereof; and/or any other appropriate
			 sanction. (Section 11 of the Act) Sanctions are to be awarded only against a
			 party or parties to the proceeding.
d) Any party to an unfair labor practice
			 proceeding may move for sanctions. The motion for sanctions must be a succinct
			 statement identifying the allegations and/or denials and/or incidents of
			 frivolous litigation alleged to be subject to sanctions, with citations to the
			 record, and succinct arguments. (Section 11 of the Act) The party subject to
			 the motion for sanctions shall have 14 days after service of the motion to
			 respond or withdraw the paper or position that is the basis of the motion.
			 Neither the motion for sanctions nor the response may be used as an additional
			 brief on the merits of the underlying case.
1) Motions for sanctions may be filed with
			 the Executive Director while an unfair labor practice charge is pending before
			 the Executive Director. Sanctions before the Executive Director may only be
			 sought for instances of frivolous litigation. Motions shall be filed no later
			 than 7 days after receipt of the Executive Director's notice that investigation
			 of the unfair labor practice charge has been completed, or that a party has
			 withdrawn the unfair labor practice charge.
2) Once an unfair labor practice complaint
			 has been issued, motions for sanctions may be filed with the Administrative Law
			 Judge. Sanctions before the Administrative Law Judge may be sought for both
			 allegations or denials made without reasonable cause and found to be untrue
			 and/or instances of frivolous litigation. (Section 11 of the Act.) Motions
			 shall be filed no later than 7 days after receipt of the last post-hearing
			 brief scheduled to be filed, or no later than 7 days after the close of the
			 hearing, if no briefs are to be filed.
3) Once the Administrative Law Judge has
			 issued a recommended decision and order, or the Executive Director has issued
			 an order dismissing an unfair labor practice charge, the motion and order is
			 pending before the Board. Motions for sanctions shall be filed no later than 7
			 days after receipt of the last brief scheduled to be filed with the Board, or
			 no later than 7 days after oral argument before the Board, if such argument
			 occurs after all briefing is completed. Sanctions before the Board may be
			 sought for either allegations or denials made without reasonable cause and
			 found to be untrue and/or instances of frivolous litigation. (Section 11 of the
			 Act)