Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1200 - GENERAL PROCEDURES › Section 1200.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions contained in Section 3 of the Act shall apply
				to this Part, as well as the following:
"Act" means the Illinois Public Labor Relations Act
				[5 ILCS
				315 ].
"Administrative Law Judge" means either the agency head or an
				attorney licensed to practice in Illinois.
"Administrative Law Judge's recommended decision and order"
				means findings of fact and conclusions of law and reasons for those findings
				and conclusions. It is not a final decision of the Board. Such a recommended
				decision and order will be reviewed by the Board upon the filing of exceptions
				or on the Board's own motion.
"Board" means the Illinois Labor Relations Board or State or
				Local Panel, individually as applicable, or an agent designated by the
				Board.
"Board agent" means any Board employee who is designated by the
				Board to perform the acts and/or responsibilities outlined in the relevant
				sections of the rules.
"Charging party" means the person, employer or labor
				organization filing an unfair labor practice charge.
"Complaint" means a Board document issued to the parties in an
				unfair labor practice proceeding, notifying them of a hearing and setting forth
				the issues of fact or law to be resolved at the hearing.
"Employer" means "public employer" or "employer" as defined in
				Section 3(o) of the Act or the party named in a representation petition, unit
				clarification petition, decertification petition or voluntary recognition
				petition as the employer of the unit described in the petition.
"Exclusive representative" means "exclusive representative" as
				defined in Section 3(f) of the Act.
"Executive Director's Order" includes reports concerning
				challenges and objections to an election; deferrals to arbitration; orders
				holding cases in abeyance; dismissals; directions of election; and other
				similar orders. These orders are not final decisions of the Board but are the
				results of investigations. The Board, upon the filing of an appeal, shall
				review such orders except that orders and parts of orders finding sufficient
				issues of law and fact sufficient to warrant a hearing are not
				appealable.
"Fact-finding" means a process whereby an employer and an
				exclusive representative submit their disputes concerning the terms of a new
				collective bargaining agreement to a neutral third party for non-binding
				findings of fact and recommendations.
"General public employee unit" means any bargaining unit of
				employees who, because they are not subject to Section 14 of the Act, have the
				right to strike in accordance with Section 17 of the Act.
"Grievance arbitration" means a process whereby an employer and
				an exclusive representative submit a dispute concerning the interpretation or
				application of an existing collective bargaining agreement to a neutral third
				party for resolution.
"Grievance mediation" means a process whereby an employer and
				an exclusive representative employ a neutral third party to communicate with
				the parties and endeavor to bring about an amicable, voluntary resolution of a
				dispute over the interpretation or application of an existing collective
				bargaining agreement.
"Incumbent exclusive representative" means the existing
				exclusive representative of the employees in the bargaining unit.
"Initial contract" means a first collective bargaining
				agreement between an exclusive representative and an employer, covering a
				bargaining unit, following certification of that exclusive
				representative.
"Interest arbitration" means a process in which an employer and
				an exclusive representative submit their disputes concerning the terms to be
				included in a new collective bargaining agreement for resolution by a neutral
				third party. "Compulsory interest arbitration" shall refer to interest
				arbitration engaged in pursuant to Section 14 of the Act. "Voluntary interest
				arbitration" shall refer to all other interest arbitration engaged in under the
				Act.
"Labor organization" means "labor organization" as defined in
				Section 3(i) of the Act.
"Mediation" means a process whereby an employer and an
				exclusive representative employ a neutral third party to communicate with the
				parties and endeavor to bring about an amicable, voluntary resolution of
				negotiations over the terms of a new collective bargaining agreement.
"Petitioner" means the party named in a representation
				petition, unit clarification petition, decertification petition or voluntary
				recognition petition as having filed the petition.
"Protective services unit" means any bargaining unit subject to
				Section 14 of the Act in which the employees accordingly do not have the right
				to strike. Such units
are units of security employees of a public
				employer, peace officer units, or units of firefighters or paramedics.
(Section 14(a) of the Act)
"Representation petition" means either a traditional
				representation petition to determine a union's majority support through an
				election (election petition) as set forth in Section 9(a)(1) and (2) of the Act
				or a petition filed pursuant to the Board's card check procedures (majority
				interest petition) as set forth in Section 9(a-5) of the Act.
"Respondent" means the party named in an unfair labor practice
				charge or complaint as having allegedly committed the unfair labor
				practice.
"Successor contract" means negotiations for a collective
				bargaining agreement covering a bargaining unit that is currently covered by a
				collective bargaining agreement between the exclusive representative and the
				employer.