reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.200 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer and the Board may take official notice of
				  all facts of which Illinois courts may take judicial notice and of other facts
				  within the specialized knowledge and experience of the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.210 - Examination of Hostile Party or Adverse Witness

Current through Register Vol. 48, No. 28, July 12, 2024
The parties to a hearing under this Subpart shall be entitled
				  to call hostile or adverse witnesses as provided by Section 2-1102 of the Civil
				  Practice Law [735 ILCS
				  5/2-1102 ].
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.10 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations contained in this Part detail the procedures
				that employers, employees, and employee organizations should use for employer
				voluntary recognition of an employee organization and for instituting
				representation and related proceedings. These procedures are the exclusive
				means by which an educational employer may recognize an employee organization
				after the effective date of this Part if the bargaining relationship and any
				ensuing collective bargaining agreement are to be pursuant to the Illinois
				Educational Labor Relations Act (the Act) [115 ILCS 5 ] and subject to the
				processes of this Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.15 - Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
The extent and nature of all investigations by the Board or its
				designated agents in the course of representation proceedings shall be
				determined by the specific issues and facts raised by the parties.
a) Investigations of the showing of interest
			 for representation petitions and intervention in elections shall include a
			 review of the evidence submitted to the Board that a sufficient number of
			 employees desire representation by an employee organization for purposes of
			 collective bargaining in order to establish that the levels of interest
			 required by the Act and this Part have been met.
b) Investigations of the showing of interest
			 for a decertification petition shall include a review of the evidence submitted
			 to the Board that 30 percent of the employees in the bargaining unit no longer
			 desire to be represented by the incumbent bargaining agent. The Board of its
			 designated agent will interview witnesses and take statements when necessary to
			 ascertain whether the evidence was obtained in accordance with the Act and this
			 Part.
c) Investigations relating to
			 all other matters under this Part shall include a review of all documents and
			 other evidence submitted by the parties and, when necessary, interviews of
			 representatives of the parties or other persons having knowledge of relevant
			 facts.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.20 - Employee Organizations Seeking Recognition

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employee organization seeking
			 recognition in a bargaining unit in which no other employee organization has
			 lawfully attained representation rights may either request that the employer
			 voluntarily recognize it or may file a representation petition with the
			 Board.
b) An employee organization
			 seeking recognition in a bargaining unit in which another employee organization
			 has lawfully attained representation rights may pursue its request only by
			 filing a representation petition with the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.30 - Employer Responses 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 an
			 employee organization may file a representation petition with the Board, may
			 decline to respond to the request, or, if an election is sought, may consent to
			 a representation election. Where the bargaining unit is not currently
			 represented, the employer shall recognize an employee organization that seeks
			 voluntary recognition if that organization appears to represent a majority of
			 employees in the unit and if the voluntary recognition procedures specified in
			 Section
			 1110.40
			 of this Part are followed.
b) An
			 employer faced with a request for recognition in a bargaining unit in which
			 another employee organization has lawfully attained representation rights may
			 file a representation petition with the Board, may decline to respond to the
			 request, or, if an election is sought, may consent to a representation
			 election. The employer may not resort to the voluntary recognition procedures
			 in response to such a request.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.40 - Voluntary Recognition Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Voluntary recognition procedures may not
			 be used under the following circumstances:
1)
			 whenever another employee organization has lawfully attained representation
			 rights as the exclusive representative of the employees in the bargaining
			 unit;
2) whenever there has been a
			 valid representation election or a majority interest petition has been
			 dismissed within the preceding 12 months;
3) whenever the proposed bargaining unit
			 would include both professional and nonprofessional employees.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.50 - 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 an employee 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
			 and that it doubts the majority status of any of the organizations or that it
			 doubts the majority status of an exclusive representative (Section 7(c)(2) of
			 the Act).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.60 - Decertification Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 petition to decertify an existing exclusive representative may be filed by an
			 employee or group of employees. The Board shall serve the petition 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 and address of the
			 petitioner;
2) the name, address,
			 and affiliation, if any, of the exclusive representative;
3) the name and address of the
			 employer;
4) a description of the
			 bargaining unit;
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; and
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 1110 - REPRESENTATION PROCEDURES › Section 1110.70 - Timeliness of Petitions and Bars to Elections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Election bar: With respect to any
			 bargaining unit, no election may be conducted in a bargaining unit, or
			 subdivision thereof, in which a valid election has been held within the
			 preceding 12 month period (Section 7(d) of the Act). The Board will dismiss
			 majority interest petitions for a bargaining unit, or subdivision thereof, in
			 which a valid election has been held within the proceeding 12 month period.
			 However, petitions seeking an election filed within the last three months of
			 the 12 month period will be processed, and any resulting election will be
			 conducted after the 12 month period has elapsed. Petitions seeking an election
			 filed in the first 9 months of the 12 month period will be dismissed.
b) Certification bar: With respect to any
			 bargaining unit, absent unusual circumstances the Board will dismiss a
			 representation or decertification petition filed within 12 months following the
			 date of Board certification of an exclusive representative for all or some of
			 the employees in the bargaining unit, as a result of voluntary certification,
			 majority interest proceeding or representation election. Unusual circumstances
			 include when the exclusive representative dissolves or becomes defunct; when as
			 a result of a schism, substantially all of the members and officers of the
			 exclusive representative transfer their affiliation to a new local or
			 international; or the size of the bargaining unit fluctuates radically within a
			 short time.
c) Representation and
			 decertification petitions may not be filed whenever there is in effect a
			 collective bargaining agreement of three years or shorter duration covering all
			 or some of the employees in the bargaining unit. Collective bargaining
			 agreements of longer than three years duration shall serve as a bar for the
			 first three years of their existence. In all cases, representation and
			 decertification petitions may be filed between January 15 and March 1 of the
			 year in which the collective bargaining agreement is due to expire or in the
			 third year of an agreement of more than three years duration. However, no such
			 petition may be filed if it would otherwise be barred by subsection (a) or
			 (b).
d) A collective bargaining
			 agreement shall not bar the filing of a representation or decertification
			 petition if the agreement is between an employer and an employee organization
			 recognized by the employer after the effective date of this Part without having
			 used the voluntary recognition, majority interest or representation election
			 procedures specified in the Act and this Part.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.80 - Showing of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Representation petitions filed by employees, groups of employees and employee
			 organizations that seek an election and all decertification petitions must be
			 accompanied by a 30 percent showing of interest. Majority interest petitions
			 must be accompanied by a showing of majority interest.
1) The showing of interest in support of a
			 representation petition seeking an election shall consist of authorization
			 cards, petitions, or other evidence which demonstrates that at least 30 percent
			 of the employees in the proposed bargaining unit desire to be represented for
			 collective bargaining by the petitioned for or petitioning employee
			 organization.
2) The showing of
			 interest in support of a decertification petition shall consist only of cards
			 or petitions clearly stating that the employee does not want the incumbent
			 employee organization to continue serving as exclusive
			 representative.
3) The showing of
			 interest in support of a majority interest petition shall consist of current
			 dues deduction authorizations, authorization cards, petitions, or other
			 evidence that demonstrates that more than 50 percent of the employees wish to
			 be represented for collective bargaining by the petitioned for or petitioning
			 employee organization. An authorization card including the information in
			 Appendix A shall be considered sufficient to support a showing of majority
			 interest.
4) The showing of
			 interest in support of a petition may be evidenced by the electronic signature
			 of the employee, as set forth in subsections (i) through (m).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.90 - Posting of Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Following the filing of a representation or decertification
				petition, the Board shall provide the employer with a notice that shall be
				posted, by the day after the employer receives the notice, on bulletin boards
				and other places where notices for employees in the bargaining unit are
				customarily posted, or in conspicuous places in the absence of a customary
				posting location. If the posting would occur during a seasonal break or other
				period when a substantial number of bargaining unit members are not working,
				notice shall be provided to bargaining unit members through alternative means
				agreed to by the parties and the Executive Director or Board agent. If the
				parties and the Executive Director or Board agent are not able to agree on the
				alternative means of posting, the Executive Director or Board agent shall
				determine the alternative means of posting. In the case of majority interest
				petitions, the notice shall be posted for at least 21 days.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.105 - Processing of Majority Interest Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Majority interest procedures may not be
			 used when another employee organization has lawfully attained representation
			 rights as the exclusive representative of the employees in the bargaining
			 unit.
b) The employer shall provide
			 to the Board and the employee organization a list of employees, as of the date
			 of the petition, within 21 days after receipt of the petition, unless more
			 time, not to exceed 21 days, is granted by the Board due to the size of the
			 unit.
c) The employer shall provide
			 to the Board and to the employee organization examples of the employees'
			 signatures within 21 days after receipt of the petition, unless more time, not
			 to exceed 21 days, is granted by the Board due to the size of the unit. If the
			 employer does not provide the list of employees or the signature examples
			 within the allotted time, the Board shall administratively determine the
			 adequacy of the showing of interest, based upon the evidence submitted by the
			 employee organization. A grant of more time to provide a list of employees or
			 signature examples shall, if necessary, extend the time limitation for
			 certifying an employee organization as exclusive representative.
d) Within 21 days after receipt of the
			 petition, parties served with the petition may file a written response to the
			 petition. The response shall set forth the party's position with respect to the
			 appropriateness of the unit, any proposed exclusions from the unit, any
			 allegations of fraud or coercion in obtaining the showing of interest, and any
			 other issues raised by the petition. A party that fails to file a timely
			 response without good cause shall be deemed to have waived its right to a
			 hearing. Good cause will include when there is no prejudice to another party or
			 the other parties have consented to a hearing without the filing of a timely
			 response.
e) Upon receipt of the
			 petition, the Board or its agent shall investigate the petition. The Board
			 shall certify the employee organization as the exclusive representative if:
1) the Board concludes that the employee
			 organization represents a majority of the employees in the bargaining
			 unit;
2) there are no issues of
			 fraud or coercion in obtaining the showing of interest;
3) the petition is otherwise consistent with
			 the Act and with this Part; and
4)
			 either there are no unit appropriateness or exclusion issues or the number of
			 contested positions or employees is not sufficient to affect the determination
			 of majority status.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.110 - Consent Elections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where
			 the parties agree to the holding of an election, a stipulation for a consent
			 election shall be filed as follows:
1) The
			 stipulation must be signed by the petitioner, the employer, the employee
			 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.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.120 - 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 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, common
			 supervision, wages, hours, and other working conditions of the employees
			 involved, and the desires of the employees (Section 7(a) of the Act).
b) In cases where employees have historically
			 been represented by employee organizations for purposes of collective
			 bargaining, such historical pattern of recognition will not be negated or
			 interfered with unless a majority of the employees so represented express a
			 contrary desire under the procedures set forth in the Act and this
			 Part.
c) Any party seeking to
			 represent a bargaining unit limited to employees of a craft shall submit a
			 representation petition or intervening claim pursuant to Section 7(a) of the
			 Act supported by a 30 percent showing of interest within the craft in the case
			 of a petition seeking an election and a showing of a majority interest within
			 the craft in the case of a majority interest petition. Whenever a party has so
			 intervened, the Board shall proceed in accordance with Section
			 1110.105(w)
			 in the case of a majority interest petition, and the election shall proceed in
			 accordance with Section
			 1110.140(f)
			 in the case of a petition seeking an election.
d) Whenever a petition is filed alleging a
			 bargaining unit that includes professional and nonprofessional employees, the
			 petition shall so state. In the case of a majority interest petition, the Board
			 shall proceed in accordance with Section
			 1110.105(v)
			 of this Part. In the case of a petition seeking an election, the election shall
			 be conducted in accordance with Section
			 1110.140(g)
			 of this Part.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.130 - 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 for 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.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.150 - 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 improper
			 conduct occurred which affected the outcome of the election (Section 8 of the
			 Act).
b) Objections must be
			 received by the Board no later than five working days after the final tally was
			 served on the representatives. For purposes of this rule, a working day is any
			 day on which the Board offices are open for business. Pending challenges to
			 ballots shall not stay the time for filing objections.
c) The objecting party shall furnish evidence
			 to the Executive Director sufficient to provide a prima facie case in support
			 of the objections before any investigation commences.
d) The evidence described above in paragraph
			 (c) (except for affidavits) must also be served simultaneously on all parties
			 involved in the matter and proof of service must be provided to the
			 Board.
e) The evidence for each
			 objection filed must include the following facts:
1) The date on which the alleged improper
			 conduct took place;
2) The location
			 at which the alleged misconduct took place;
3) The name and job title of the person who
			 allegedly engaged in the improper conduct; and,
4) A statement or description of the alleged
			 improper conduct.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.160 - Petitions for Clarification of the Bargaining Unit

Current through Register Vol. 48, No. 28, July 12, 2024
a) An exclusive representative or an employer
			 may file a petition to clarify an existing bargaining unit. The Board shall
			 serve the petition on the other party. The petition shall be signed and shall
			 contain the following:
1) the name and address
			 of the employer;
2) the name,
			 address and affiliation, if any, of the exclusive representative;
3) a description of the existing bargaining
			 unit; and
4) the nature of the
			 proposed clarification and the reasons for the clarification.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.170 - Petitions to Amend Certification

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. The Board
			 shall serve the petition on the employer. The petition shall be signed and
			 shall contain:
1) the name and address of the
			 employer;
2) the name, address, and
			 affiliation, if any, of the exclusive representative, as certified by the
			 Board;
3) a description of the
			 proposed amendment; and
4) the
			 reasons for the proposed amendment.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.180 - Petitions for Self-Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Adding to an Existing Bargaining Unit
1) A
			 self-determination petition to add unrepresented employees to an existing
			 bargaining unit, where a question concerning representation would be presented
			 by their inclusion, may be filed by an employee, a group of employees, or
			 exclusive representative of the existing bargaining unit. The Board shall serve
			 the petition on the appropriate parties. The petition shall be on a form
			 developed by the Board. It shall be signed and shall contain the following:
A) the name and address of the
			 petitioner;
B) the name, address
			 and affiliation, if any, of the exclusive representative;
C) the name and address of the
			 employer;
D) a description of the
			 bargaining unit;
E) the approximate
			 number of employees in the bargaining unit;
F) a description of the employees who would
			 be added to the existing unit;
G)
			 the approximate number of employees who would be added;
H) a statement whether the petitioner intends
			 to use the majority interest procedure or the election procedure;
I) the date that the exclusive representative
			 was recognized and the method of recognition, if known; and
J) 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 1110 - REPRESENTATION PROCEDURES › Section 1110.190 - Disclaimer of Interest Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 An employee organization that has been certified by the Board or recognized
			 pursuant to Section 2 of the Act as the exclusive representative of a
			 bargaining unit but wishes to terminate this representation may file a
			 disclaimer of interest petition with the Board.
b) The petition shall contain the following
			 information:
1) the name, address and
			 telephone number of the petitioning employee organization;
2) the name, address and telephone number of
			 the employer;
3) a brief
			 description of the bargaining unit;
4) the approximate number of employees in the
			 bargaining unit;
5) the date that
			 the employee organization was recognized as the exclusive representative and
			 the method of recognition, if known;
6) a brief description of any collective
			 bargaining agreement covering employees in the bargaining unit, together with
			 its expiration date; and
7) a
			 statement that the employee organization waives and disclaims the authority and
			 duty to represent the employees in the bargaining unit.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Appendix A - Sample Authorization Card

Current through Register Vol. 48, No. 28, July 12, 2024
I authorize
____________(employee
				organization)____________
to be my exclusive collective bargaining
				representative for all purposes of collective bargaining with my employer,
				__________________________.
_________________________________________
Name (printed or typed)
_________________________________________
Employment position
_________________________________________
Signature
_________________________________________
Date
If a majority of the employees in the bargaining unit sign
				authorization cards, these cards may be used to obtain recognition without an
				election.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1120 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1120.10 - 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 an
				employee organization has committed, or is committing, an unfair labor practice
				in violation of Sections 14(a) and 14(b) of the Act.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1120 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1120.20 - 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 Illinois Educational Labor
			 Relations Board (the Board) by an employer, an employee 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 and affiliation, if any, of the charging party;
2) the name, address and affiliation, if any,
			 of the respondent;
3) 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 Illinois Educational Labor Relations Act [ 115 ILCS 5 ]
			 (the Act) alleged to have been violated; and
4) 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 1120 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1120.30 - Charge Processing and Investigation, Complaints and Responses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board hereby
			 delegates to its Executive Director the authority to investigate charges and
			 issue complaints.
b) Upon receipt
			 of a charge, the Executive Director shall investigate the charge. Procedures
			 for investigating requests for injunctive relief are set forth in Section
			 1120.60.
1) The charging party shall submit to the
			 Executive Director all evidence relevant to or in support of the charge. The
			 evidence may include documents and affidavits.
2) The respondent shall submit to the
			 Executive Director 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) The Executive
			 Director may hold an investigatory conference with the parties when the
			 Executive Director determines that the investigatory conference will facilitate
			 efforts to explore whether the charge can be resolved informally or the facts
			 stipulated and to further develop the record for determination of whether the
			 charge states an issue of law or fact.
4) Motions shall be directed to the Executive
			 Director. All motions must be in writing, must state with specificity the
			 reasons or grounds for the motion, and must be served on all other parties
			 simultaneously with their filing with the Executive Director. Other parties
			 shall have seven days to file a response and serve that response on all other
			 parties simultaneously with the filing with the Executive Director.
5) If the Executive Director concludes that
			 the investigation has established that there is
an issue of law or
			 fact
sufficient to warrant a hearing, he or she shall issue a
			 complaint (Section 15 of the Act). In determining whether the issues of law or
			 fact are sufficient to warrant a hearing, the Executive Director shall consider
			 whether the charge states a cause of action upon which relief can be granted
			 under the Act and whether the facts provided in the course of the investigation
			 state a prima facie case. The complaint shall specify the charges and shall be
			 served on the respondent and the charging party.
6) If the Executive Director concludes that
			 the investigation has established that there is not an issue of law or fact
			 sufficient to warrant a hearing, the Executive Director shall dismiss the
			 charge. In determining whether the issues of law or fact are sufficient to
			 warrant a hearing, the Executive Director shall consider whether the charge
			 states a cause of action upon which relief can be granted under the Act and
			 whether the facts provided in the course of the investigation state a prima
			 facie case. Notice of dismissal shall be served on the respondent and the
			 charging party.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1120 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1120.50 - Consideration by the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Exception and Responses
1) In cases in which
			 there is a recommended decision, the parties may file exceptions to the
			 Administrative Law Judge's recommendation and briefs in support of those
			 exceptions. Briefs and exceptions shall be filed with the General Counsel no
			 later than 21 days after service of the recommendation. Copies of all
			 exceptions and supporting briefs shall be served upon all other parties, and a
			 certificate of service shall be attached.
2) Any party to the proceeding may file a
			 response to any exceptions and supporting briefs within 21 days from receipt of
			 a party's exceptions and supporting brief. The response shall be filed with the
			 General Counsel. The response shall be served on all parties, and a certificate
			 of service shall be attached.
3) A
			 party may also file cross-exceptions and a supporting brief within 14 days from
			 receipt of another party's exceptions and supporting brief. Copies of the
			 cross-exceptions shall be filed with the General Counsel and served on all
			 other parties, and a certificate of service shall be attached.
4) Any other party may file a response to the
			 cross-exceptions and supporting brief within 14 days from receipt of the
			 cross-exceptions and supporting brief. The response shall be filed with the
			 General Counsel and served upon all parties, and a certificate of service shall
			 be attached.
5) If no exceptions
			 have been filed within 21 days after service of the Administrative Law Judge's
			 recommended decision, the parties will be deemed to have waived their
			 exceptions. If no cross-exceptions have been filed within 14 days after receipt
			 of another party's exceptions and supporting brief, the parties will be deemed
			 to have waived their cross-exceptions.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1120 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1120.60 - 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 16(d) of the Act. The charging party will provide
				the basis for and evidence in support of its request for injunctive relief when
				it files its charge. The Executive Director will request the charged party to
				submit evidence in support of its position. The charging party shall have the
				burden of demonstrating to the Board that if preliminary relief is not sought
				it will suffer irreparable harm and that the remedies available from the Board
				will be inadequate.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1120 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1120.70 - Compliance Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 compliance procedures set forth in this Section shall commence once a
			 respondent:
1) has failed to file exceptions
			 to a Recommended Decision and Order of an Administrative Law Judge;
2) has failed to appeal a final order of the
			 Board; or
3) when the appellate
			 process initiated by a party after a final Board order has been exhausted and
			 there remains an order requiring a respondent to take certain affirmative
			 action or to refrain from engaging in any action.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1120 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1120.90 - Processing of Employee Dues in Unfair Labor Practice Charges Involving Unlawfully Collected Dues

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unfair labor
			 practice charges that an employee organization has unlawfully collected dues
			 from an educational employee in violation of the Act shall be filed and
			 processed in accordance with this Section.
b)
In cases in which an educational
			 employee alleges that an employee organization has unlawfully collected dues,
			 the educational employer shall continue to deduct the employee's dues from the
			 employee's pay, but shall transmit the dues to the Board for deposit in an
			 escrow account maintained by the Board
(Section
			 11.1(g) of the
			 Act), notwithstanding that the employee organization may maintain an escrow
			 account in accordance with subsections (c)-(e) and the employee organization
			 has notified the employer of that account.
c) An employee organization may maintain an
			 escrow account for the purpose of holding dues deductions to which employees
			 have objected. If the escrow account is maintained, the employee organization
			 must notify the employer of that account.
d) If the employee organization maintains an
			 escrow account in accordance with subsection (c), the employer shall transmit
			 the entire amount of dues to the employee organization, and the employee
			 organization shall hold them in escrow.
e) An escrow account maintained by an
			 employee organization shall meet the following standards:
1) The account shall be maintained in a
			 federally insured financial institution.
2) The account shall earn interest of at
			 least the rate provided by commercial banks for regular passbook savings
			 accounts.
3) If the account
			 combines the dues of more than one objector, separate records shall be kept of
			 each objector's dues, prorating the interest earned on the account.
4) The escrow account may contain the fees of
			 objecting employees in different bargaining units.
5) Any charges resulting from a financial
			 institution for the cost of maintaining an escrow account shall be borne by the
			 employee organization.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1125 - FAIR SHARE FEE OBJECTIONS › Section 1125.10 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Illinois Educational Labor Relations Board (Board) finds that Sections
			 3(a), 11, and 14(a)(1) and (b)(1) of the Illinois Educational Labor Relations
			 Act (the Act) [115 ILCS 5/3(a), 11, 14(a)(1) and
			 (b)(1) ] govern the collection and/or
			 expenditure of fair share fees over an employee's objection. The procedures in
			 this Part provide the exclusive method for handling fair share fees upon the
			 filing of an objection by an employee. Failure to abide by these procedures
			 violates Section 14(a)(1) and (b)(1) of the Act. The nature of this unfair
			 labor practice requires that special procedures be adopted for its efficient
			 resolution.
b) The procedures set
			 forth in this Part do not preclude the filing of unfair labor practice charges
			 pursuant to 80 Ill. Adm. Code 1120 alleging violations of Section 11 of the Act
			 resulting from fees in excess of the dues uniformly required of members or fees
			 for contributions related to the election or support of any candidate for
			 political office (Section 11 of the Act).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1125 - FAIR SHARE FEE OBJECTIONS › Section 1125.20 - Notice of Fair Share Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least
			 14 calendar days prior to commencement of payroll deductions of fair share
			 fees, the exclusive representative shall provide notice to all nonmembers of
			 the fair share fee and the right to file an objection. The notice shall be
			 provided to nonmembers in a manner calculated to provide proper notice, which
			 may include personal delivery, notice by mail, or notice by posting in a place
			 where employee notices are customarily posted or, if no such place exists,
			 posting in a conspicuous place. The notice of the fair share fee may also be
			 provided to nonmembers electronically unless otherwise requested.
b) Notice shall be on a form developed by the
			 Board or a form developed by the exclusive representative and shall contain the
			 following information:
1) the names of the
			 employer and exclusive bargaining representative;
2) the effective date and duration of the
			 collective bargaining agreement authorizing the fair share fee;
3) the amount of the fair share fee,
			 expressed either as a dollar amount or as a percentage of regular union dues,
			 and the period for which it is assessed;
4) a description of how the fair share fee
			 was calculated, including the major categories of expenses made by the
			 exclusive representative during the most recent fiscal year, verified by an
			 independent auditor;
5) a statement
			 that the nonmember has the right under the Act to object to the amount of the
			 fee by filing an objection with the Board and that the nonmember can obtain
			 additional information about the objection procedure from the Board;
			 and
6) a statement advising fee
			 payers that employees who object to payment of a fair share fee because of
bonafide religious tenets or teaching of a church or religious body of
			 which such employees are members may pay an amount equal to their proportionate
			 share, determined under a proportionate share agreement, to a non-religious
			 charitable organization
(Section 11 of the Act). When the union and
			 employee are unable to agree on the non-religious charitable organization, the
			 organization will be determined pursuant to the procedures in Section
			 1125.80(i).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1125 - FAIR SHARE FEE OBJECTIONS › Section 1125.30 - Objections to Fair Share Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 nonmember may file an objection to the fair share fee with the Board no later
			 than six (6) months after the first payroll deduction of the fair share
			 fee.
b) The objection shall be on a
			 form developed by the Board and shall contain the following:
1) the name, address and telephone number of
			 the employee filing the objection and of the employee's representative, if
			 any;
2) the name, address and
			 telephone number of the exclusive representative;
3) the name, address and telephone number of
			 the employer;
4) the amount of the
			 fair share fee certified by the exclusive representative, and the amount
			 disputed by the employee. The employee may choose to object to the entire
			 amount of the fee by so stating.
5)
			 a brief description, to the extent known, of the bargaining unit covered by the
			 collective bargaining agreement.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1125 - FAIR SHARE FEE OBJECTIONS › Section 1125.40 - Escrow Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon service
			 of an objection, the employer shall continue to deduct the fair share fee from
			 the objecting employee's pay, but shall not pay the fee to the exclusive
			 representative, unless the exclusive representative maintains an escrow account
			 in accordance with subsections (b) and (c) and the exclusive representative has
			 so notified the employer. The employer shall transmit the fee to the Board
			 which shall hold the fee in escrow in an account established for that purpose.
			 If the objecting employee has disputed only part of the fee, the employer shall
			 pay the undisputed amount to the exclusive representative and shall transmit
			 the disputed amount to the Board. The employer shall continue to transmit all
			 such fees to the Board until further order of the Board.
b) An exclusive representative may maintain
			 an escrow account for the purpose of holding fair share fees to which employees
			 have objected. If an exclusive representative maintains such an account, the
			 employer shall continue to transmit an objecting employee's fair share fee to
			 the exclusive representative. Upon service of an objection, the exclusive
			 representative shall deposit the objecting employee's fair share fee into the
			 escrow account which it maintains. If the objecting employee has disputed only
			 part of the fee, the exclusive representative shall pay the disputed amount
			 into the escrow account and may retain the undisputed amount. The exclusive
			 representative shall continue to pay into the escrow account all fair share
			 fees or the disputed portion of the fees until further order of the
			 Board.
c) An escrow account
			 maintained by an exclusive representative shall meet the following standards:
1) The account shall be maintained in a
			 federally insured financial institution.
2) The account shall earn interest of at
			 least the rate provided by commercial banks for regular passbook savings
			 accounts.
3) If the account
			 combines the fair share fees of more than one objector, separate records must
			 be kept of each objector's fee, prorating the interest earned on the
			 account.
4) The escrow account may
			 contain the fees of objecting employees in different bargaining
			 units.
5) Any charges resulting
			 from a financial institution for the cost of maintaining an escrow account
			 shall be borne by the exclusive representative.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1125 - FAIR SHARE FEE OBJECTIONS › Section 1125.60 - Consolidation of Fair Share Fee Objections

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall consolidate in a single proceeding all fair
				share fee objections involving the same bargaining unit. The Board shall
				consolidate objections 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 efficiently and expeditiously resolve the
				objections.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1125 - FAIR SHARE FEE OBJECTIONS › Section 1125.70 - Investigation of Fair Share Fee Objections

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board's Executive Director shall
			 investigate and process all fair share fee objections and shall issue
			 complaints or dismiss objections in accordance with 80 Ill. Adm. Code
			 1120.30(a) and
			 (b).
b) If the Executive Director dismisses a fair
			 share fee objection, the objecting employee may file exceptions with the Board
			 within fourteen (14) days of the date of receipt of the Executive Director's
			 decision. The exclusive representative may file a response within fourteen (14)
			 days of receipt of the exceptions. In reviewing the exceptions, the Board will
			 consider whether the Executive Director's decision is consistent with the Act
			 and this Part and whether there has been an abuse of discretion (e.g., failure
			 to issue a complaint when questions of law or fact exist).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1130 - COLLECTIVE BARGAINING AND IMPASSE RESOLUTION › Section 1130.10 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The regulations contained in this Part detail the procedures
				for giving required notices during collective bargaining, for resolving
				impasses in collective bargaining, and for the making of appointments to the
				Illinois Educational Labor Mediation Roster and the selection of mediators,
				fact finders and arbitrators from the Roster.