Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1120 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1120.80 - Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
			 Board's order may, in its discretion, also 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 15 of the Act)
b) The Board may award sanctions for such
			 written
allegations
or
denials
, including
			 statements stenographically 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
(Section 15 of the Act) or an appropriate portion thereof; and/or any other
			 appropriate sanction. 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. 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. These 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			 labor practice charge has been completed or that a party has withdrawn the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. Sanctions before the Executive Director may only
			 be sought for instances of frivolous litigation.
2) Once an unfair labor practice complaint
			 has been issued, motions for sanctions may be filed with the Administrative Law
			 Judge or, in the event that an Administrative Law Judge has not been named,
			 with the General Counsel, while an unfair labor practice complaint is pending
			 before the Administrative Law Judge or the General Counsel. These 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. Sanctions before the Administrative Law Judge or
			 General Counsel may be sought for both allegations or denials made without
			 reasonable cause and found to be untrue and/or instances of frivolous
			 litigation.
3) Once the
			 Administrative Law Judge has issued a Recommended Decision and Order, or the
			 Executive Director has issued a Recommended Decision and Order dismissing an
			 unfair labor practice charge, the Recommended Decision and Order is pending
			 before the Board. These motions 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 argument occurs after all
			 briefing is completed. Sanctions before the Board may be sought for both
			 allegations or denials made without reasonable cause and found to be untrue
			 and/or instances of frivolous litigation.