Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart A - NON-ADVERSARIAL PROCEEDINGS › Section 1105.20 - Setting of Representation Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where a representation petition has been
				filed and the Illinois Educational Labor Relations Board (the Board) has
				determined that the petition is supported by an adequate showing of interest
				and there is reasonable cause to believe that a question of representation
				exists pursuant to Section 7 of the Act and 80 Ill. Adm. Code
				1110.100
				a hearing shall be scheduled on any unresolved issues relating to the holding
				of an election. These issues include (but are not limited to) the scope of the
				bargaining unit, the exclusion of confidential, supervisory, or managerial
				employees as defined in the Act, or the existence of a bar to a petition or an
				election. Where the parties to a representation petition are able to agree to
				the holding of an election and enter into a consent agreement pursuant to 80
				Ill. Adm. Code 1110.100, no hearing will be held.
b) Where a petition to clarify an existing
				bargaining unit is filed pursuant to 80 Ill. Adm. Code
				1110.160 and it presents
				unresolved issues of material fact, it shall be set for hearing. When the
				petition does not present unresolved issues of material fact, the Executive
				Director will rule on the petition without a hearing. A fact is material to the
				claim or defense in issue when the success of the claim or defense is dependent
				upon the existence of that fact.
c)
				Where a petition to amend certification is filed pursuant to 80 Ill. Adm. Code
				1110.170 and it
				presents unresolved issues of material fact, it shall be set for hearing. When
				the petition does not present unresolved issues of material fact, the Executive
				Director will rule on the petition without a hearing. A fact is material to the
				claim or defense in issue when the success of the claim or defense is dependent
				upon the existence of that fact.
d)
				Whenever a challenged ballot is determinative of the results of an election, a
				hearing shall be set when the challenge presents unresolved questions of
				material fact. Issues shall include (but are not limited to) whether the
				challenged ballot shall be counted in the final tally of the election. When the
				challenge does not present unresolved questions of material fact, the Executive
				Director will rule on the challenge without a hearing.
e) When such a hearing is necessary to
				resolve issues relating to the holding of an election, challenged ballots,
				amendment of certification or unit clarification, the Executive Director shall
				appoint a hearing officer and shall give at least seven days' notice to the
				parties. That notice shall include:
1) The
				name of the hearing officer;
2) The
				nature, location, date and time of the hearing;
3) A statement of the legal authority and
				jurisdiction under which the hearing is to be held; and
4) A reference to the particular Section of
				the Act and the rules of the Board involved.