| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0856 | |
| 2 | 1 | HB5324 EnrolledLRB103 38896 MXP 69033 b HB5324 Enrolled LRB103 38896 MXP 69033 b | |
| 3 | 2 | HB5324 Enrolled LRB103 38896 MXP 69033 b | |
| 4 | - | AN ACT concerning State government. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Illinois Public Labor Relations Act is | |
| 8 | - | amended by changing Sections 5 and 11 as follows: | |
| 9 | - | (5 ILCS 315/5) (from Ch. 48, par. 1605) | |
| 10 | - | Sec. 5. Illinois Labor Relations Board; State Panel; Local | |
| 11 | - | Panel. | |
| 12 | - | (a) There is created the Illinois Labor Relations Board. | |
| 13 | - | The Board shall be comprised of 2 panels, to be known as the | |
| 14 | - | State Panel and the Local Panel. | |
| 15 | - | (a-5) The State Panel shall have jurisdiction over | |
| 16 | - | collective bargaining matters between employee organizations | |
| 17 | - | and the State of Illinois, excluding the General Assembly of | |
| 18 | - | the State of Illinois, between employee organizations and | |
| 19 | - | units of local government and school districts with a | |
| 20 | - | population not in excess of 2 million persons, and between | |
| 21 | - | employee organizations and the Regional Transportation | |
| 22 | - | Authority. | |
| 23 | - | The State Panel shall consist of 5 members appointed by | |
| 24 | - | the Governor, with the advice and consent of the Senate. The | |
| 25 | - | Governor shall appoint to the State Panel only persons who | |
| 26 | - | have had a minimum of 5 years of experience directly related to | |
| 3 | + | 1 AN ACT concerning State government. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Illinois Public Labor Relations Act is | |
| 7 | + | 5 amended by changing Sections 5 and 11 as follows: | |
| 8 | + | 6 (5 ILCS 315/5) (from Ch. 48, par. 1605) | |
| 9 | + | 7 Sec. 5. Illinois Labor Relations Board; State Panel; Local | |
| 10 | + | 8 Panel. | |
| 11 | + | 9 (a) There is created the Illinois Labor Relations Board. | |
| 12 | + | 10 The Board shall be comprised of 2 panels, to be known as the | |
| 13 | + | 11 State Panel and the Local Panel. | |
| 14 | + | 12 (a-5) The State Panel shall have jurisdiction over | |
| 15 | + | 13 collective bargaining matters between employee organizations | |
| 16 | + | 14 and the State of Illinois, excluding the General Assembly of | |
| 17 | + | 15 the State of Illinois, between employee organizations and | |
| 18 | + | 16 units of local government and school districts with a | |
| 19 | + | 17 population not in excess of 2 million persons, and between | |
| 20 | + | 18 employee organizations and the Regional Transportation | |
| 21 | + | 19 Authority. | |
| 22 | + | 20 The State Panel shall consist of 5 members appointed by | |
| 23 | + | 21 the Governor, with the advice and consent of the Senate. The | |
| 24 | + | 22 Governor shall appoint to the State Panel only persons who | |
| 25 | + | 23 have had a minimum of 5 years of experience directly related to | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB5324 Enrolled LRB103 38896 MXP 69033 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | labor and employment relations in representing public | |
| 34 | - | employers, private employers or labor organizations; or | |
| 35 | - | teaching labor or employment relations; or administering | |
| 36 | - | executive orders or regulations applicable to labor or | |
| 37 | - | employment relations. At the time of his or her appointment, | |
| 38 | - | each member of the State Panel shall be an Illinois resident. | |
| 39 | - | The Governor shall designate one member to serve as the | |
| 40 | - | Chairman of the State Panel and the Board. | |
| 41 | - | Notwithstanding any other provision of this Section, the | |
| 42 | - | term of each member of the State Panel who was appointed by the | |
| 43 | - | Governor and is in office on June 30, 2003 shall terminate at | |
| 44 | - | the close of business on that date or when all of the successor | |
| 45 | - | members to be appointed pursuant to this amendatory Act of the | |
| 46 | - | 93rd General Assembly have been appointed by the Governor, | |
| 47 | - | whichever occurs later. As soon as possible, the Governor | |
| 48 | - | shall appoint persons to fill the vacancies created by this | |
| 49 | - | amendatory Act. | |
| 50 | - | The initial appointments under this amendatory Act of the | |
| 51 | - | 93rd General Assembly shall be for terms as follows: The | |
| 52 | - | Chairman shall initially be appointed for a term ending on the | |
| 53 | - | 4th Monday in January, 2007; 2 members shall be initially | |
| 54 | - | appointed for terms ending on the 4th Monday in January, 2006; | |
| 55 | - | one member shall be initially appointed for a term ending on | |
| 56 | - | the 4th Monday in January, 2005; and one member shall be | |
| 57 | - | initially appointed for a term ending on the 4th Monday in | |
| 58 | - | January, 2004. Each subsequent member shall be appointed for a | |
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| 34 | + | 1 labor and employment relations in representing public | |
| 35 | + | 2 employers, private employers or labor organizations; or | |
| 36 | + | 3 teaching labor or employment relations; or administering | |
| 37 | + | 4 executive orders or regulations applicable to labor or | |
| 38 | + | 5 employment relations. At the time of his or her appointment, | |
| 39 | + | 6 each member of the State Panel shall be an Illinois resident. | |
| 40 | + | 7 The Governor shall designate one member to serve as the | |
| 41 | + | 8 Chairman of the State Panel and the Board. | |
| 42 | + | 9 Notwithstanding any other provision of this Section, the | |
| 43 | + | 10 term of each member of the State Panel who was appointed by the | |
| 44 | + | 11 Governor and is in office on June 30, 2003 shall terminate at | |
| 45 | + | 12 the close of business on that date or when all of the successor | |
| 46 | + | 13 members to be appointed pursuant to this amendatory Act of the | |
| 47 | + | 14 93rd General Assembly have been appointed by the Governor, | |
| 48 | + | 15 whichever occurs later. As soon as possible, the Governor | |
| 49 | + | 16 shall appoint persons to fill the vacancies created by this | |
| 50 | + | 17 amendatory Act. | |
| 51 | + | 18 The initial appointments under this amendatory Act of the | |
| 52 | + | 19 93rd General Assembly shall be for terms as follows: The | |
| 53 | + | 20 Chairman shall initially be appointed for a term ending on the | |
| 54 | + | 21 4th Monday in January, 2007; 2 members shall be initially | |
| 55 | + | 22 appointed for terms ending on the 4th Monday in January, 2006; | |
| 56 | + | 23 one member shall be initially appointed for a term ending on | |
| 57 | + | 24 the 4th Monday in January, 2005; and one member shall be | |
| 58 | + | 25 initially appointed for a term ending on the 4th Monday in | |
| 59 | + | 26 January, 2004. Each subsequent member shall be appointed for a | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | term of 4 years, commencing on the 4th Monday in January. Upon | |
| 62 | - | expiration of the term of office of any appointive member, | |
| 63 | - | that member shall continue to serve until a successor shall be | |
| 64 | - | appointed and qualified. In case of a vacancy, a successor | |
| 65 | - | shall be appointed to serve for the unexpired portion of the | |
| 66 | - | term. If the Senate is not in session at the time the initial | |
| 67 | - | appointments are made, the Governor shall make temporary | |
| 68 | - | appointments in the same manner successors are appointed to | |
| 69 | - | fill vacancies. A temporary appointment shall remain in effect | |
| 70 | - | no longer than 20 calendar days after the commencement of the | |
| 71 | - | next Senate session. | |
| 72 | - | (b) The Local Panel shall have jurisdiction over | |
| 73 | - | collective bargaining agreement matters between employee | |
| 74 | - | organizations and units of local government with a population | |
| 75 | - | in excess of 2 million persons, but excluding the Regional | |
| 76 | - | Transportation Authority. | |
| 77 | - | The Local Panel shall consist of one person appointed by | |
| 78 | - | the Governor with the advice and consent of the Senate (or, if | |
| 79 | - | no such person is appointed, the Chairman of the State Panel) | |
| 80 | - | and two additional members, one appointed by the Mayor of the | |
| 81 | - | City of Chicago and one appointed by the President of the Cook | |
| 82 | - | County Board of Commissioners. Appointees to the Local Panel | |
| 83 | - | must have had a minimum of 5 years of experience directly | |
| 84 | - | related to labor and employment relations in representing | |
| 85 | - | public employers, private employers or labor organizations; or | |
| 86 | - | teaching labor or employment relations; or administering | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | executive orders or regulations applicable to labor or | |
| 90 | - | employment relations. Each member of the Local Panel shall be | |
| 91 | - | an Illinois resident at the time of his or her appointment. The | |
| 92 | - | member appointed by the Governor (or, if no such person is | |
| 93 | - | appointed, the Chairman of the State Panel) shall serve as the | |
| 94 | - | Chairman of the Local Panel. | |
| 95 | - | Notwithstanding any other provision of this Section, the | |
| 96 | - | term of the member of the Local Panel who was appointed by the | |
| 97 | - | Governor and is in office on June 30, 2003 shall terminate at | |
| 98 | - | the close of business on that date or when his or her successor | |
| 99 | - | has been appointed by the Governor, whichever occurs later. As | |
| 100 | - | soon as possible, the Governor shall appoint a person to fill | |
| 101 | - | the vacancy created by this amendatory Act. The initial | |
| 102 | - | appointment under this amendatory Act of the 93rd General | |
| 103 | - | Assembly shall be for a term ending on the 4th Monday in | |
| 104 | - | January, 2007. | |
| 105 | - | The initial appointments under this amendatory Act of the | |
| 106 | - | 91st General Assembly shall be for terms as follows: The | |
| 107 | - | member appointed by the Governor shall initially be appointed | |
| 108 | - | for a term ending on the 4th Monday in January, 2001; the | |
| 109 | - | member appointed by the President of the Cook County Board | |
| 110 | - | shall be initially appointed for a term ending on the 4th | |
| 111 | - | Monday in January, 2003; and the member appointed by the Mayor | |
| 112 | - | of the City of Chicago shall be initially appointed for a term | |
| 113 | - | ending on the 4th Monday in January, 2004. Each subsequent | |
| 114 | - | member shall be appointed for a term of 4 years, commencing on | |
| 64 | + | ||
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| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | the 4th Monday in January. Upon expiration of the term of | |
| 118 | - | office of any appointive member, the member shall continue to | |
| 119 | - | serve until a successor shall be appointed and qualified. In | |
| 120 | - | the case of a vacancy, a successor shall be appointed by the | |
| 121 | - | applicable appointive authority to serve for the unexpired | |
| 122 | - | portion of the term. | |
| 123 | - | (c) Three members of the State Panel shall at all times | |
| 124 | - | constitute a quorum. Two members of the Local Panel shall at | |
| 125 | - | all times constitute a quorum. A vacancy on a panel does not | |
| 126 | - | impair the right of the remaining members to exercise all of | |
| 127 | - | the powers of that panel. Each panel shall adopt an official | |
| 128 | - | seal which shall be judicially noticed. The salary of the | |
| 129 | - | Chairman of the State Panel shall be $82,429 per year, or as | |
| 130 | - | set by the Compensation Review Board, whichever is greater, | |
| 131 | - | and that of the other members of the State and Local Panels | |
| 132 | - | shall be $74,188 per year, or as set by the Compensation Review | |
| 133 | - | Board, whichever is greater. | |
| 134 | - | (d) Each member shall devote his or her entire time to the | |
| 135 | - | duties of the office, and shall hold no other office or | |
| 136 | - | position of profit, nor engage in any other business, | |
| 137 | - | employment, or vocation. No member shall hold any other public | |
| 138 | - | office or be employed as a labor or management representative | |
| 139 | - | by the State or any political subdivision of the State or of | |
| 140 | - | any department or agency thereof, or actively represent or act | |
| 141 | - | on behalf of an employer or an employee organization or an | |
| 142 | - | employer in labor relations matters. Any member of the State | |
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| 70 | + | 1 term of 4 years, commencing on the 4th Monday in January. Upon | |
| 71 | + | 2 expiration of the term of office of any appointive member, | |
| 72 | + | 3 that member shall continue to serve until a successor shall be | |
| 73 | + | 4 appointed and qualified. In case of a vacancy, a successor | |
| 74 | + | 5 shall be appointed to serve for the unexpired portion of the | |
| 75 | + | 6 term. If the Senate is not in session at the time the initial | |
| 76 | + | 7 appointments are made, the Governor shall make temporary | |
| 77 | + | 8 appointments in the same manner successors are appointed to | |
| 78 | + | 9 fill vacancies. A temporary appointment shall remain in effect | |
| 79 | + | 10 no longer than 20 calendar days after the commencement of the | |
| 80 | + | 11 next Senate session. | |
| 81 | + | 12 (b) The Local Panel shall have jurisdiction over | |
| 82 | + | 13 collective bargaining agreement matters between employee | |
| 83 | + | 14 organizations and units of local government with a population | |
| 84 | + | 15 in excess of 2 million persons, but excluding the Regional | |
| 85 | + | 16 Transportation Authority. | |
| 86 | + | 17 The Local Panel shall consist of one person appointed by | |
| 87 | + | 18 the Governor with the advice and consent of the Senate (or, if | |
| 88 | + | 19 no such person is appointed, the Chairman of the State Panel) | |
| 89 | + | 20 and two additional members, one appointed by the Mayor of the | |
| 90 | + | 21 City of Chicago and one appointed by the President of the Cook | |
| 91 | + | 22 County Board of Commissioners. Appointees to the Local Panel | |
| 92 | + | 23 must have had a minimum of 5 years of experience directly | |
| 93 | + | 24 related to labor and employment relations in representing | |
| 94 | + | 25 public employers, private employers or labor organizations; or | |
| 95 | + | 26 teaching labor or employment relations; or administering | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | Panel may be removed from office by the Governor for | |
| 146 | - | inefficiency, neglect of duty, misconduct or malfeasance in | |
| 147 | - | office, and for no other cause, and only upon notice and | |
| 148 | - | hearing. Any member of the Local Panel may be removed from | |
| 149 | - | office by the applicable appointive authority for | |
| 150 | - | inefficiency, neglect of duty, misconduct or malfeasance in | |
| 151 | - | office, and for no other cause, and only upon notice and | |
| 152 | - | hearing. | |
| 153 | - | (e) Each panel at the end of every State fiscal year shall | |
| 154 | - | make a report in writing to the Governor and the General | |
| 155 | - | Assembly, stating in detail the work it has done to carry out | |
| 156 | - | the policy of the Act in hearing and deciding cases and | |
| 157 | - | otherwise. Each panel's report shall include: | |
| 158 | - | (1) the number of unfair labor practice charges filed | |
| 159 | - | during the fiscal year; | |
| 160 | - | (2) the number of unfair labor practice charges | |
| 161 | - | resolved during the fiscal year; | |
| 162 | - | (3) the total number of unfair labor charges pending | |
| 163 | - | before the Board at the end of the fiscal year; | |
| 164 | - | (4) the number of unfair labor charge cases at the end | |
| 165 | - | of the fiscal year that have been pending before the Board | |
| 166 | - | between 1 and 100 days, 101 and 150 days, 151 and 200 days, | |
| 167 | - | 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 | |
| 168 | - | and 400 days, 401 and 450 days, 451 and 500 days, 501 and | |
| 169 | - | 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 | |
| 170 | - | days, and over 701 days; | |
| 171 | 98 | ||
| 172 | 99 | ||
| 173 | - | (5) the number of representation cases and unit | |
| 174 | - | clarification cases filed during the fiscal year; | |
| 175 | - | (6) the number of representation cases and unit | |
| 176 | - | clarification cases resolved during the fiscal year; | |
| 177 | - | (7) the total number of representation cases and unit | |
| 178 | - | clarification cases pending before the Board at the end of | |
| 179 | - | the fiscal year; | |
| 180 | - | (8) the number of representation cases and unit | |
| 181 | - | clarification cases at the end of the fiscal year that | |
| 182 | - | have been pending before the Board between 1 and 120 days, | |
| 183 | - | 121 and 180 days, and over 180 days; and | |
| 184 | - | (9) the Board's progress in meeting the timeliness | |
| 185 | - | goals established pursuant to the criteria in subsection | |
| 186 | - | (j) of Section 11 of this Act; the report shall include, | |
| 187 | - | but is not limited to: | |
| 188 | - | (A) the average number of days taken to complete | |
| 189 | - | investigations and issue complaints, dismissals, or | |
| 190 | - | deferrals; | |
| 191 | - | (B) the average number of days taken for the Board | |
| 192 | - | to issue decisions on appeals of dismissals or | |
| 193 | - | deferrals; | |
| 194 | - | (C) the average number of days taken to schedule a | |
| 195 | - | hearing on complaints once issued; | |
| 196 | - | (D) the average number of days taken to issue a | |
| 197 | - | recommended decision and order once the record is | |
| 198 | - | closed; | |
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| 199 | 102 | ||
| 200 | 103 | ||
| 201 | - | (E) the average number of days taken for the Board | |
| 202 | - | to issue final decisions on recommended decisions | |
| 203 | - | where exceptions have been filed; | |
| 204 | - | (F) the average number of days taken for the Board | |
| 205 | - | to issue final decision on recommended decisions when | |
| 206 | - | no exceptions have been filed; and | |
| 207 | - | (G) in cases where the Board was unable to meet the | |
| 208 | - | timeliness goals established in subsection (j) of | |
| 209 | - | Section 11, an explanation as to why the goal was not | |
| 210 | - | met. | |
| 211 | - | (f) In order to accomplish the objectives and carry out | |
| 212 | - | the duties prescribed by this Act, a panel or its authorized | |
| 213 | - | designees may hold elections to determine whether a labor | |
| 214 | - | organization has majority status; investigate and attempt to | |
| 215 | - | resolve or settle charges of unfair labor practices; hold | |
| 216 | - | hearings in order to carry out its functions; develop and | |
| 217 | - | effectuate appropriate impasse resolution procedures for | |
| 218 | - | purposes of resolving labor disputes; require the appearance | |
| 219 | - | of witnesses and the production of evidence on any matter | |
| 220 | - | under inquiry; and administer oaths and affirmations. The | |
| 221 | - | panels shall sign and report in full an opinion in every case | |
| 222 | - | which they decide. | |
| 223 | - | (g) Each panel may appoint or employ an executive | |
| 224 | - | director, attorneys, hearing officers, mediators, | |
| 225 | - | fact-finders, arbitrators, and such other employees as it may | |
| 226 | - | deem necessary to perform its functions. The governing boards | |
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| 106 | + | 1 executive orders or regulations applicable to labor or | |
| 107 | + | 2 employment relations. Each member of the Local Panel shall be | |
| 108 | + | 3 an Illinois resident at the time of his or her appointment. The | |
| 109 | + | 4 member appointed by the Governor (or, if no such person is | |
| 110 | + | 5 appointed, the Chairman of the State Panel) shall serve as the | |
| 111 | + | 6 Chairman of the Local Panel. | |
| 112 | + | 7 Notwithstanding any other provision of this Section, the | |
| 113 | + | 8 term of the member of the Local Panel who was appointed by the | |
| 114 | + | 9 Governor and is in office on June 30, 2003 shall terminate at | |
| 115 | + | 10 the close of business on that date or when his or her successor | |
| 116 | + | 11 has been appointed by the Governor, whichever occurs later. As | |
| 117 | + | 12 soon as possible, the Governor shall appoint a person to fill | |
| 118 | + | 13 the vacancy created by this amendatory Act. The initial | |
| 119 | + | 14 appointment under this amendatory Act of the 93rd General | |
| 120 | + | 15 Assembly shall be for a term ending on the 4th Monday in | |
| 121 | + | 16 January, 2007. | |
| 122 | + | 17 The initial appointments under this amendatory Act of the | |
| 123 | + | 18 91st General Assembly shall be for terms as follows: The | |
| 124 | + | 19 member appointed by the Governor shall initially be appointed | |
| 125 | + | 20 for a term ending on the 4th Monday in January, 2001; the | |
| 126 | + | 21 member appointed by the President of the Cook County Board | |
| 127 | + | 22 shall be initially appointed for a term ending on the 4th | |
| 128 | + | 23 Monday in January, 2003; and the member appointed by the Mayor | |
| 129 | + | 24 of the City of Chicago shall be initially appointed for a term | |
| 130 | + | 25 ending on the 4th Monday in January, 2004. Each subsequent | |
| 131 | + | 26 member shall be appointed for a term of 4 years, commencing on | |
| 227 | 132 | ||
| 228 | 133 | ||
| 229 | - | shall prescribe the duties and qualifications of such persons | |
| 230 | - | appointed and, subject to the annual appropriation, fix their | |
| 231 | - | compensation and provide for reimbursement of actual and | |
| 232 | - | necessary expenses incurred in the performance of their | |
| 233 | - | duties. The Board shall employ a minimum of 16 attorneys and 6 | |
| 234 | - | investigators. | |
| 235 | - | (h) Each panel shall exercise general supervision over all | |
| 236 | - | attorneys which it employs and over the other persons employed | |
| 237 | - | to provide necessary support services for such attorneys. The | |
| 238 | - | panels shall have final authority in respect to complaints | |
| 239 | - | brought pursuant to this Act. | |
| 240 | - | (i) The following rules and regulations shall be adopted | |
| 241 | - | by the panels meeting in joint session: (1) procedural rules | |
| 242 | - | and regulations which shall govern all Board proceedings; (2) | |
| 243 | - | procedures for election of exclusive bargaining | |
| 244 | - | representatives pursuant to Section 9, except for the | |
| 245 | - | determination of appropriate bargaining units; and (3) | |
| 246 | - | appointment of counsel pursuant to subsection (k) of this | |
| 247 | - | Section. | |
| 248 | - | (j) Rules and regulations may be adopted, amended or | |
| 249 | - | rescinded only upon a vote of 5 of the members of the State and | |
| 250 | - | Local Panels meeting in joint session. The adoption, amendment | |
| 251 | - | or rescission of rules and regulations shall be in conformity | |
| 252 | - | with the requirements of the Illinois Administrative Procedure | |
| 253 | - | Act. | |
| 254 | - | (k) The panels in joint session shall promulgate rules and | |
| 255 | 134 | ||
| 256 | 135 | ||
| 257 | - | regulations providing for the appointment of attorneys or | |
| 258 | - | other Board representatives to represent persons in unfair | |
| 259 | - | labor practice proceedings before a panel. The regulations | |
| 260 | - | governing appointment shall require the applicant to | |
| 261 | - | demonstrate an inability to pay for or inability to otherwise | |
| 262 | - | provide for adequate representation before a panel. Such rules | |
| 263 | - | must also provide: (1) that an attorney may not be appointed in | |
| 264 | - | cases which, in the opinion of a panel, are clearly without | |
| 265 | - | merit; (2) the stage of the unfair labor proceeding at which | |
| 266 | - | counsel will be appointed; and (3) the circumstances under | |
| 267 | - | which a client will be allowed to select counsel. | |
| 268 | - | (1) The panels in joint session may promulgate rules and | |
| 269 | - | regulations which allow parties in proceedings before a panel | |
| 270 | - | to be represented by counsel or any other representative of | |
| 271 | - | the party's choice. | |
| 272 | - | (m) The Chairman of the State Panel shall serve as | |
| 273 | - | Chairman of a joint session of the panels. Attendance of at | |
| 274 | - | least 2 members of the State Panel and at least one member of | |
| 275 | - | the Local Panel, in addition to the Chairman, shall constitute | |
| 276 | - | a quorum at a joint session. The panels shall meet in joint | |
| 277 | - | session at least annually. | |
| 278 | - | (Source: P.A. 96-813, eff. 10-30-09.) | |
| 279 | - | (5 ILCS 315/11) (from Ch. 48, par. 1611) | |
| 280 | - | Sec. 11. Unfair labor practice procedures. Unfair labor | |
| 281 | - | practices may be dealt with by the Board in the following | |
| 136 | + | ||
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| 282 | 138 | ||
| 283 | 139 | ||
| 284 | - | manner: | |
| 285 | - | (a) Whenever it is charged that any person has engaged in | |
| 286 | - | or is engaging in any unfair labor practice, the Board or any | |
| 287 | - | agent designated by the Board for such purposes, shall conduct | |
| 288 | - | an investigation of the charge. If after such investigation | |
| 289 | - | the Board finds that the charge involves a dispositive issue | |
| 290 | - | of law or fact the Board shall issue a complaint and cause to | |
| 291 | - | be served upon the person a complaint stating the charges, | |
| 292 | - | accompanied by a notice of hearing before the Board or a member | |
| 293 | - | thereof designated by the Board, or before a qualified hearing | |
| 294 | - | officer designated by the Board at the offices of the Board or | |
| 295 | - | such other location as the Board deems appropriate, not less | |
| 296 | - | than 5 days after serving of such complaint provided that no | |
| 297 | - | complaint shall issue based upon any unfair labor practice | |
| 298 | - | occurring more than six months prior to the filing of a charge | |
| 299 | - | with the Board and the service of a copy thereof upon the | |
| 300 | - | person against whom the charge is made, unless the person | |
| 301 | - | aggrieved thereby did not reasonably have knowledge of the | |
| 302 | - | alleged unfair labor practice or was prevented from filing | |
| 303 | - | such a charge by reason of service in the armed forces, in | |
| 304 | - | which event the six month period shall be computed from the | |
| 305 | - | date of his discharge. Any such complaint may be amended by the | |
| 306 | - | member or hearing officer conducting the hearing for the Board | |
| 307 | - | in his discretion at any time prior to the issuance of an order | |
| 308 | - | based thereon. The person who is the subject of the complaint | |
| 309 | - | has the right to file an answer to the original or amended | |
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| 142 | + | 1 the 4th Monday in January. Upon expiration of the term of | |
| 143 | + | 2 office of any appointive member, the member shall continue to | |
| 144 | + | 3 serve until a successor shall be appointed and qualified. In | |
| 145 | + | 4 the case of a vacancy, a successor shall be appointed by the | |
| 146 | + | 5 applicable appointive authority to serve for the unexpired | |
| 147 | + | 6 portion of the term. | |
| 148 | + | 7 (c) Three members of the State Panel shall at all times | |
| 149 | + | 8 constitute a quorum. Two members of the Local Panel shall at | |
| 150 | + | 9 all times constitute a quorum. A vacancy on a panel does not | |
| 151 | + | 10 impair the right of the remaining members to exercise all of | |
| 152 | + | 11 the powers of that panel. Each panel shall adopt an official | |
| 153 | + | 12 seal which shall be judicially noticed. The salary of the | |
| 154 | + | 13 Chairman of the State Panel shall be $82,429 per year, or as | |
| 155 | + | 14 set by the Compensation Review Board, whichever is greater, | |
| 156 | + | 15 and that of the other members of the State and Local Panels | |
| 157 | + | 16 shall be $74,188 per year, or as set by the Compensation Review | |
| 158 | + | 17 Board, whichever is greater. | |
| 159 | + | 18 (d) Each member shall devote his or her entire time to the | |
| 160 | + | 19 duties of the office, and shall hold no other office or | |
| 161 | + | 20 position of profit, nor engage in any other business, | |
| 162 | + | 21 employment, or vocation. No member shall hold any other public | |
| 163 | + | 22 office or be employed as a labor or management representative | |
| 164 | + | 23 by the State or any political subdivision of the State or of | |
| 165 | + | 24 any department or agency thereof, or actively represent or act | |
| 166 | + | 25 on behalf of an employer or an employee organization or an | |
| 167 | + | 26 employer in labor relations matters. Any member of the State | |
| 310 | 168 | ||
| 311 | 169 | ||
| 312 | - | complaint and to appear in person or by a representative and | |
| 313 | - | give testimony at the place and time fixed in the complaint. In | |
| 314 | - | the discretion of the member or hearing officer conducting the | |
| 315 | - | hearing or the Board, any other person may be allowed to | |
| 316 | - | intervene in the proceeding and to present testimony. In any | |
| 317 | - | hearing conducted by the Board, neither the Board nor the | |
| 318 | - | member or agent conducting the hearing shall be bound by the | |
| 319 | - | rules of evidence applicable to courts, except as to the rules | |
| 320 | - | of privilege recognized by law. | |
| 321 | - | (b) The Board shall have the power to issue subpoenas and | |
| 322 | - | administer oaths. If any party wilfully fails or neglects to | |
| 323 | - | appear or testify or to produce books, papers and records | |
| 324 | - | pursuant to the issuance of a subpoena by the Board, the Board | |
| 325 | - | may apply to a court of competent jurisdiction to request that | |
| 326 | - | such party be ordered to appear before the Board to testify or | |
| 327 | - | produce the requested evidence. | |
| 328 | - | (c) Any testimony taken by the Board, or a member | |
| 329 | - | designated by the Board or a hearing officer thereof, must be | |
| 330 | - | reduced to writing and filed with the Board. A full and | |
| 331 | - | complete record shall be kept of all proceedings before the | |
| 332 | - | Board, and all proceedings shall be transcribed by a reporter | |
| 333 | - | appointed by the Board. The party on whom the burden of proof | |
| 334 | - | rests shall be required to sustain such burden by a | |
| 335 | - | preponderance of the evidence. If, upon a preponderance of the | |
| 336 | - | evidence taken, the Board is of the opinion that any person | |
| 337 | - | named in the charge has engaged in or is engaging in an unfair | |
| 338 | 170 | ||
| 339 | 171 | ||
| 340 | - | labor practice, then it shall state its findings of fact and | |
| 341 | - | shall issue and cause to be served upon the person an order | |
| 342 | - | requiring him to cease and desist from the unfair labor | |
| 343 | - | practice, and to take such affirmative action, including | |
| 344 | - | reinstatement of public employees with or without back pay, as | |
| 345 | - | will effectuate the policies of this Act. If the Board awards | |
| 346 | - | back pay, it shall also award interest at the rate of 7% per | |
| 347 | - | annum. The Board's order may further require the person to | |
| 348 | - | make reports from time to time, and demonstrate the extent to | |
| 349 | - | which he has complied with the order. If there is no | |
| 350 | - | preponderance of evidence to indicate to the Board that the | |
| 351 | - | person named in the charge has engaged in or is engaging in the | |
| 352 | - | unfair labor practice, then the Board shall state its findings | |
| 353 | - | of fact and shall issue an order dismissing the complaint. The | |
| 354 | - | Board's order may in its discretion also include an | |
| 355 | - | appropriate sanction, based on the Board's rules and | |
| 356 | - | regulations, and the sanction may include an order to pay the | |
| 357 | - | other party or parties' reasonable expenses including costs | |
| 358 | - | and reasonable attorney's fee, if the other party has made | |
| 359 | - | allegations or denials without reasonable cause and found to | |
| 360 | - | be untrue or has engaged in frivolous litigation for the | |
| 361 | - | purpose of delay or needless increase in the cost of | |
| 362 | - | litigation; the State of Illinois or any agency thereof shall | |
| 363 | - | be subject to the provisions of this sentence in the same | |
| 364 | - | manner as any other party. | |
| 365 | - | (d) Until the record in a case has been filed in court, the | |
| 172 | + | ||
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| 366 | 174 | ||
| 367 | 175 | ||
| 368 | - | Board at any time, upon reasonable notice and in such manner as | |
| 369 | - | it deems proper, may modify or set aside, in whole or in part, | |
| 370 | - | any finding or order made or issued by it. | |
| 371 | - | (e) A charging party or any person aggrieved by a final | |
| 372 | - | order of the Board granting or denying in whole or in part the | |
| 373 | - | relief sought may apply for and obtain judicial review of an | |
| 374 | - | order of the Board entered under this Act, in accordance with | |
| 375 | - | the provisions of the Administrative Review Law, as now or | |
| 376 | - | hereafter amended, except that such judicial review shall be | |
| 377 | - | afforded directly in the appellate court for the district in | |
| 378 | - | which the aggrieved party resides or transacts business, and | |
| 379 | - | provided, that such judicial review shall not be available for | |
| 380 | - | the purpose of challenging a final order issued by the Board | |
| 381 | - | pursuant to Section 9 of this Act for which judicial review has | |
| 382 | - | been petitioned pursuant to subsection (i) of Section 9. Any | |
| 383 | - | direct appeal to the Appellate Court shall be filed within 35 | |
| 384 | - | days from the date that a copy of the decision sought to be | |
| 385 | - | reviewed was served upon the party affected by the decision. | |
| 386 | - | The filing of such an appeal to the Appellate Court shall not | |
| 387 | - | automatically stay the enforcement of the Board's order. An | |
| 388 | - | aggrieved party may apply to the Appellate Court for a stay of | |
| 389 | - | the enforcement of the Board's order after the aggrieved party | |
| 390 | - | has followed the procedure prescribed by Supreme Court Rule | |
| 391 | - | 335. The Board in proceedings under this Section may obtain an | |
| 392 | - | order of the court for the enforcement of its order. | |
| 393 | - | (f) Whenever it appears that any person has violated a | |
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| 178 | + | 1 Panel may be removed from office by the Governor for | |
| 179 | + | 2 inefficiency, neglect of duty, misconduct or malfeasance in | |
| 180 | + | 3 office, and for no other cause, and only upon notice and | |
| 181 | + | 4 hearing. Any member of the Local Panel may be removed from | |
| 182 | + | 5 office by the applicable appointive authority for | |
| 183 | + | 6 inefficiency, neglect of duty, misconduct or malfeasance in | |
| 184 | + | 7 office, and for no other cause, and only upon notice and | |
| 185 | + | 8 hearing. | |
| 186 | + | 9 (e) Each panel at the end of every State fiscal year shall | |
| 187 | + | 10 make a report in writing to the Governor and the General | |
| 188 | + | 11 Assembly, stating in detail the work it has done to carry out | |
| 189 | + | 12 the policy of the Act in hearing and deciding cases and | |
| 190 | + | 13 otherwise. Each panel's report shall include: | |
| 191 | + | 14 (1) the number of unfair labor practice charges filed | |
| 192 | + | 15 during the fiscal year; | |
| 193 | + | 16 (2) the number of unfair labor practice charges | |
| 194 | + | 17 resolved during the fiscal year; | |
| 195 | + | 18 (3) the total number of unfair labor charges pending | |
| 196 | + | 19 before the Board at the end of the fiscal year; | |
| 197 | + | 20 (4) the number of unfair labor charge cases at the end | |
| 198 | + | 21 of the fiscal year that have been pending before the Board | |
| 199 | + | 22 between 1 and 100 days, 101 and 150 days, 151 and 200 days, | |
| 200 | + | 23 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 | |
| 201 | + | 24 and 400 days, 401 and 450 days, 451 and 500 days, 501 and | |
| 202 | + | 25 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 | |
| 203 | + | 26 days, and over 701 days; | |
| 394 | 204 | ||
| 395 | 205 | ||
| 396 | - | final order of the Board issued pursuant to this Section, the | |
| 397 | - | Board must commence an action in the name of the People of the | |
| 398 | - | State of Illinois by petition, alleging the violation, | |
| 399 | - | attaching a copy of the order of the Board, and praying for the | |
| 400 | - | issuance of an order directing the person, his officers, | |
| 401 | - | agents, servants, successors, and assigns to comply with the | |
| 402 | - | order of the Board. The Board shall be represented in this | |
| 403 | - | action by the Attorney General in accordance with the Attorney | |
| 404 | - | General Act. The court may grant or refuse, in whole or in | |
| 405 | - | part, the relief sought, provided that the court may stay an | |
| 406 | - | order of the Board in accordance with the Administrative | |
| 407 | - | Review Law, pending disposition of the proceedings. The court | |
| 408 | - | may punish a violation of its order as in civil contempt. | |
| 409 | - | (g) The proceedings provided in paragraph (f) of this | |
| 410 | - | Section shall be commenced in the Appellate Court for the | |
| 411 | - | district where the unfair labor practice which is the subject | |
| 412 | - | of the Board's order was committed, or where a person required | |
| 413 | - | to cease and desist by such order resides or transacts | |
| 414 | - | business. | |
| 415 | - | (h) The Board through the Attorney General, shall have | |
| 416 | - | power, upon issuance of an unfair labor practice complaint | |
| 417 | - | alleging that a person has engaged in or is engaging in an | |
| 418 | - | unfair labor practice, to petition the circuit court where the | |
| 419 | - | alleged unfair labor practice which is the subject of the | |
| 420 | - | Board's complaint was allegedly committed, or where a person | |
| 421 | - | required to cease and desist from such alleged unfair labor | |
| 422 | 206 | ||
| 423 | 207 | ||
| 424 | - | practice resides or transacts business, for appropriate | |
| 425 | - | temporary relief or restraining order. Upon the filing of any | |
| 426 | - | such petition, the court shall cause notice thereof to be | |
| 427 | - | served upon such persons, and thereupon shall have | |
| 428 | - | jurisdiction to grant to the Board such temporary relief or | |
| 429 | - | restraining order as it deems just and proper. | |
| 430 | - | (i) If an unfair labor practice charge involves the | |
| 431 | - | interpretation or application of a collective bargaining | |
| 432 | - | agreement and said agreement contains a grievance procedure | |
| 433 | - | with binding arbitration as its terminal step, the Board may | |
| 434 | - | defer the resolution of such dispute to the grievance and | |
| 435 | - | arbitration procedure contained in said agreement. | |
| 436 | - | (j) To effectuate this Act's policy, the Board shall adopt | |
| 437 | - | goals (i) to ensure effective enforcement of this Act through | |
| 438 | - | timely and quality consideration and resolution of unfair | |
| 439 | - | labor practices with appropriate remedies and (ii) to protect | |
| 440 | - | employee free choice with timely and effective mechanisms to | |
| 441 | - | resolve questions concerning representation. To measure and | |
| 442 | - | report on its success in achieving these goals, the Board | |
| 443 | - | shall also adopt the following timeliness goals for the | |
| 444 | - | processing of unfair labor practice charges filed under | |
| 445 | - | Section 10: | |
| 446 | - | (1) Complete the investigation and issue a complaint, | |
| 447 | - | dismissal, or deferral within 100 days of the charges | |
| 448 | - | being filed. If the dismissal or deferral is appealed to | |
| 449 | - | the Board, issue Board decisions within 90 days of the | |
| 208 | + | ||
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| 450 | 210 | ||
| 451 | 211 | ||
| 452 | - | completion of the Board's process for filing appeals. | |
| 453 | - | (2) Upon the issuance of complaints for hearing: (i) | |
| 454 | - | schedule hearings to begin within 60 days of a complaint's | |
| 455 | - | issuance; (ii) issue recommended decisions and orders | |
| 456 | - | within 120 days of the close of the record; and (iii) if | |
| 457 | - | exceptions to recommended decisions and orders are filed, | |
| 458 | - | issue Board decisions within 90 days of the completion of | |
| 459 | - | the Board's process for filing exceptions. | |
| 460 | - | (Source: P.A. 100-516, eff. 9-22-17.) | |
| 461 | - | Section 10. The Illinois Educational Labor Relations Act | |
| 462 | - | is amended by changing Sections 5 and 15 as follows: | |
| 463 | - | (115 ILCS 5/5) (from Ch. 48, par. 1705) | |
| 464 | - | Sec. 5. Illinois Educational Labor Relations Board. | |
| 465 | - | (a) There is hereby created the Illinois Educational Labor | |
| 466 | - | Relations Board. | |
| 467 | - | (a-5) Until July 1, 2003 or when all of the new members to | |
| 468 | - | be initially appointed under this amendatory Act of the 93rd | |
| 469 | - | General Assembly have been appointed by the Governor, | |
| 470 | - | whichever occurs later, the Illinois Educational Labor | |
| 471 | - | Relations Board shall consist of 7 members, no more than 4 of | |
| 472 | - | whom may be of the same political party, who are residents of | |
| 473 | - | Illinois appointed by the Governor with the advice and consent | |
| 474 | - | of the Senate. | |
| 475 | - | The term of each appointed member of the Board who is in | |
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| 214 | + | 1 (5) the number of representation cases and unit | |
| 215 | + | 2 clarification cases filed during the fiscal year; | |
| 216 | + | 3 (6) the number of representation cases and unit | |
| 217 | + | 4 clarification cases resolved during the fiscal year; | |
| 218 | + | 5 (7) the total number of representation cases and unit | |
| 219 | + | 6 clarification cases pending before the Board at the end of | |
| 220 | + | 7 the fiscal year; | |
| 221 | + | 8 (8) the number of representation cases and unit | |
| 222 | + | 9 clarification cases at the end of the fiscal year that | |
| 223 | + | 10 have been pending before the Board between 1 and 120 days, | |
| 224 | + | 11 121 and 180 days, and over 180 days; and | |
| 225 | + | 12 (9) the Board's progress in meeting the timeliness | |
| 226 | + | 13 goals established pursuant to the criteria in subsection | |
| 227 | + | 14 (j) of Section 11 of this Act; the report shall include, | |
| 228 | + | 15 but is not limited to: | |
| 229 | + | 16 (A) the average number of days taken to complete | |
| 230 | + | 17 investigations and issue complaints, dismissals, or | |
| 231 | + | 18 deferrals; | |
| 232 | + | 19 (B) the average number of days taken for the Board | |
| 233 | + | 20 to issue decisions on appeals of dismissals or | |
| 234 | + | 21 deferrals; | |
| 235 | + | 22 (C) the average number of days taken to schedule a | |
| 236 | + | 23 hearing on complaints once issued; | |
| 237 | + | 24 (D) the average number of days taken to issue a | |
| 238 | + | 25 recommended decision and order once the record is | |
| 239 | + | 26 closed; | |
| 476 | 240 | ||
| 477 | 241 | ||
| 478 | - | office on June 30, 2003 shall terminate at the close of | |
| 479 | - | business on that date or when all of the new members to be | |
| 480 | - | initially appointed under this amendatory Act of the 93rd | |
| 481 | - | General Assembly have been appointed by the Governor, | |
| 482 | - | whichever occurs later. | |
| 483 | - | (b) Beginning on July 1, 2003 or when all of the new | |
| 484 | - | members to be initially appointed under this amendatory Act of | |
| 485 | - | the 93rd General Assembly have been appointed by the Governor, | |
| 486 | - | whichever occurs later, the Illinois Educational Labor | |
| 487 | - | Relations Board shall consist of 5 members appointed by the | |
| 488 | - | Governor with the advice and consent of the Senate. No more | |
| 489 | - | than 3 members may be of the same political party. | |
| 490 | - | The Governor shall appoint to the Board only persons who | |
| 491 | - | are residents of Illinois and have had a minimum of 5 years of | |
| 492 | - | experience directly related to labor and employment relations | |
| 493 | - | in representing educational employers or educational employees | |
| 494 | - | in collective bargaining matters. One appointed member shall | |
| 495 | - | be designated at the time of his or her appointment to serve as | |
| 496 | - | chairman. | |
| 497 | - | Of the initial members appointed pursuant to this | |
| 498 | - | amendatory Act of the 93rd General Assembly, 2 shall be | |
| 499 | - | designated at the time of appointment to serve a term of 6 | |
| 500 | - | years, 2 shall be designated at the time of appointment to | |
| 501 | - | serve a term of 4 years, and the other shall be designated at | |
| 502 | - | the time of his or her appointment to serve a term of 4 years, | |
| 503 | - | with each to serve until his or her successor is appointed and | |
| 504 | 242 | ||
| 505 | 243 | ||
| 506 | - | qualified. | |
| 507 | - | Each subsequent member shall be appointed in like manner | |
| 508 | - | for a term of 6 years and until his or her successor is | |
| 509 | - | appointed and qualified. Each member of the Board is eligible | |
| 510 | - | for reappointment. Vacancies shall be filled in the same | |
| 511 | - | manner as original appointments for the balance of the | |
| 512 | - | unexpired term. | |
| 513 | - | (c) The chairman shall be paid $50,000 per year, or an | |
| 514 | - | amount set by the Compensation Review Board, whichever is | |
| 515 | - | greater. Other members of the Board shall each be paid $45,000 | |
| 516 | - | per year, or an amount set by the Compensation Review Board, | |
| 517 | - | whichever is greater. They shall be entitled to reimbursement | |
| 518 | - | for necessary traveling and other official expenditures | |
| 519 | - | necessitated by their official duties. | |
| 520 | - | Each member shall devote his entire time to the duties of | |
| 521 | - | the office, and shall hold no other office or position of | |
| 522 | - | profit, nor engage in any other business, employment or | |
| 523 | - | vocation. | |
| 524 | - | (d) Three members of the Board constitute a quorum and a | |
| 525 | - | vacancy on the Board does not impair the right of the remaining | |
| 526 | - | members to exercise all of the powers of the Board. | |
| 527 | - | (e) Any member of the Board may be removed by the Governor, | |
| 528 | - | upon notice, for neglect of duty or malfeasance in office, but | |
| 529 | - | for no other cause. | |
| 530 | - | (f) The Board may appoint or employ an executive director, | |
| 531 | - | attorneys, hearing officers, and such other employees as it | |
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| 532 | 246 | ||
| 533 | 247 | ||
| 534 | - | deems necessary to perform its functions, except that the | |
| 535 | - | Board shall employ a minimum of 8 attorneys and 5 | |
| 536 | - | investigators. The Board shall prescribe the duties and | |
| 537 | - | qualifications of such persons appointed and, subject to the | |
| 538 | - | annual appropriation, fix their compensation and provide for | |
| 539 | - | reimbursement of actual and necessary expenses incurred in the | |
| 540 | - | performance of their duties. | |
| 541 | - | (g) The Board may promulgate rules and regulations which | |
| 542 | - | allow parties in proceedings before the Board to be | |
| 543 | - | represented by counsel or any other person knowledgeable in | |
| 544 | - | the matters under consideration. | |
| 545 | - | (h) To accomplish the objectives and to carry out the | |
| 546 | - | duties prescribed by this Act, the Board may subpoena | |
| 547 | - | witnesses, subpoena the production of books, papers, records | |
| 548 | - | and documents which may be needed as evidence on any matter | |
| 549 | - | under inquiry and may administer oaths and affirmations. | |
| 550 | - | In cases of neglect or refusal to obey a subpoena issued to | |
| 551 | - | any person, the circuit court in the county in which the | |
| 552 | - | investigation or the public hearing is taking place, upon | |
| 553 | - | application by the Board, may issue an order requiring such | |
| 554 | - | person to appear before the Board or any member or agent of the | |
| 555 | - | Board to produce evidence or give testimony. A failure to obey | |
| 556 | - | such order may be punished by the court as in civil contempt. | |
| 557 | - | Any subpoena, notice of hearing, or other process or | |
| 558 | - | notice of the Board issued under the provisions of this Act may | |
| 559 | - | be served by one of the methods permitted in the Board's rules. | |
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| 250 | + | 1 (E) the average number of days taken for the Board | |
| 251 | + | 2 to issue final decisions on recommended decisions | |
| 252 | + | 3 where exceptions have been filed; | |
| 253 | + | 4 (F) the average number of days taken for the Board | |
| 254 | + | 5 to issue final decision on recommended decisions when | |
| 255 | + | 6 no exceptions have been filed; and | |
| 256 | + | 7 (G) in cases where the Board was unable to meet the | |
| 257 | + | 8 timeliness goals established in subsection (j) of | |
| 258 | + | 9 Section 11, an explanation as to why the goal was not | |
| 259 | + | 10 met. | |
| 260 | + | 11 (f) In order to accomplish the objectives and carry out | |
| 261 | + | 12 the duties prescribed by this Act, a panel or its authorized | |
| 262 | + | 13 designees may hold elections to determine whether a labor | |
| 263 | + | 14 organization has majority status; investigate and attempt to | |
| 264 | + | 15 resolve or settle charges of unfair labor practices; hold | |
| 265 | + | 16 hearings in order to carry out its functions; develop and | |
| 266 | + | 17 effectuate appropriate impasse resolution procedures for | |
| 267 | + | 18 purposes of resolving labor disputes; require the appearance | |
| 268 | + | 19 of witnesses and the production of evidence on any matter | |
| 269 | + | 20 under inquiry; and administer oaths and affirmations. The | |
| 270 | + | 21 panels shall sign and report in full an opinion in every case | |
| 271 | + | 22 which they decide. | |
| 272 | + | 23 (g) Each panel may appoint or employ an executive | |
| 273 | + | 24 director, attorneys, hearing officers, mediators, | |
| 274 | + | 25 fact-finders, arbitrators, and such other employees as it may | |
| 275 | + | 26 deem necessary to perform its functions. The governing boards | |
| 560 | 276 | ||
| 561 | 277 | ||
| 562 | - | (i) The Board shall adopt, promulgate, amend, or rescind | |
| 563 | - | rules and regulations in accordance with the Illinois | |
| 564 | - | Administrative Procedure Act as it deems necessary and | |
| 565 | - | feasible to carry out this Act. | |
| 566 | - | (j) The Board at the end of every State fiscal year shall | |
| 567 | - | make a report in writing to the Governor and the General | |
| 568 | - | Assembly, stating in detail the work it has done to carry out | |
| 569 | - | the policy of the Act in hearing and deciding cases and | |
| 570 | - | otherwise. The Board's report shall include: | |
| 571 | - | (1) the number of unfair labor practice charges filed | |
| 572 | - | during the fiscal year; | |
| 573 | - | (2) the number of unfair labor practice charges | |
| 574 | - | resolved during the fiscal year; | |
| 575 | - | (3) the total number of unfair labor charges pending | |
| 576 | - | before the Board at the end of the fiscal year; | |
| 577 | - | (4) the number of unfair labor charge cases at the end | |
| 578 | - | of the fiscal year that have been pending before the Board | |
| 579 | - | between 1 and 100 days, 101 and 150 days, 151 and 200 days, | |
| 580 | - | 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 | |
| 581 | - | and 400 days, 401 and 450 days, 451 and 500 days, 501 and | |
| 582 | - | 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 | |
| 583 | - | days, and over 701 days; | |
| 584 | - | (5) the number of representation cases and unit | |
| 585 | - | clarification cases filed during the fiscal year; | |
| 586 | - | (6) the number of representation cases and unit | |
| 587 | - | clarification cases resolved during the fiscal year; | |
| 588 | 278 | ||
| 589 | 279 | ||
| 590 | - | (7) the total number of representation cases and unit | |
| 591 | - | clarification cases pending before the Board at the end of | |
| 592 | - | the fiscal year; | |
| 593 | - | (8) the number of representation cases and unit | |
| 594 | - | clarification cases at the end of the fiscal year that | |
| 595 | - | have been pending before the Board between 1 and 120 days, | |
| 596 | - | 121 and 180 days, and over 180 days; and | |
| 597 | - | (9) the Board's progress in meeting the timeliness | |
| 598 | - | goals established pursuant to the criteria in Section 15 | |
| 599 | - | of this Act; the report shall include, but is not limited | |
| 600 | - | to: | |
| 601 | - | (A) the average number of days taken to complete | |
| 602 | - | investigations and issue complaints, dismissals or | |
| 603 | - | deferrals; | |
| 604 | - | (B) the average number of days taken for the Board | |
| 605 | - | to issue decisions on appeals of dismissals or | |
| 606 | - | deferrals; | |
| 607 | - | (C) the average number of days taken to schedule a | |
| 608 | - | hearing on complaints once issued; | |
| 609 | - | (D) the average number of days taken to issue a | |
| 610 | - | recommended decision and order once the record is | |
| 611 | - | closed; | |
| 612 | - | (E) the average number of days taken for the Board | |
| 613 | - | to issue final decisions on recommended decisions | |
| 614 | - | where exceptions have been filed; | |
| 615 | - | (F) the average number of days taken for the Board | |
| 280 | + | ||
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| 616 | 282 | ||
| 617 | 283 | ||
| 618 | - | to issue final decision on recommended decisions when | |
| 619 | - | no exceptions have been filed; and | |
| 620 | - | (G) in cases where the Board was unable to meet the | |
| 621 | - | timeliness goals established in Section 15, an | |
| 622 | - | explanation as to why the goal was not met. | |
| 623 | - | (Source: P.A. 102-797, eff. 1-1-23.) | |
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| 286 | + | 1 shall prescribe the duties and qualifications of such persons | |
| 287 | + | 2 appointed and, subject to the annual appropriation, fix their | |
| 288 | + | 3 compensation and provide for reimbursement of actual and | |
| 289 | + | 4 necessary expenses incurred in the performance of their | |
| 290 | + | 5 duties. The Board shall employ a minimum of 16 attorneys and 6 | |
| 291 | + | 6 investigators. | |
| 292 | + | 7 (h) Each panel shall exercise general supervision over all | |
| 293 | + | 8 attorneys which it employs and over the other persons employed | |
| 294 | + | 9 to provide necessary support services for such attorneys. The | |
| 295 | + | 10 panels shall have final authority in respect to complaints | |
| 296 | + | 11 brought pursuant to this Act. | |
| 297 | + | 12 (i) The following rules and regulations shall be adopted | |
| 298 | + | 13 by the panels meeting in joint session: (1) procedural rules | |
| 299 | + | 14 and regulations which shall govern all Board proceedings; (2) | |
| 300 | + | 15 procedures for election of exclusive bargaining | |
| 301 | + | 16 representatives pursuant to Section 9, except for the | |
| 302 | + | 17 determination of appropriate bargaining units; and (3) | |
| 303 | + | 18 appointment of counsel pursuant to subsection (k) of this | |
| 304 | + | 19 Section. | |
| 305 | + | 20 (j) Rules and regulations may be adopted, amended or | |
| 306 | + | 21 rescinded only upon a vote of 5 of the members of the State and | |
| 307 | + | 22 Local Panels meeting in joint session. The adoption, amendment | |
| 308 | + | 23 or rescission of rules and regulations shall be in conformity | |
| 309 | + | 24 with the requirements of the Illinois Administrative Procedure | |
| 310 | + | 25 Act. | |
| 311 | + | 26 (k) The panels in joint session shall promulgate rules and | |
| 312 | + | ||
| 313 | + | ||
| 314 | + | ||
| 315 | + | ||
| 316 | + | ||
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| 322 | + | 1 regulations providing for the appointment of attorneys or | |
| 323 | + | 2 other Board representatives to represent persons in unfair | |
| 324 | + | 3 labor practice proceedings before a panel. The regulations | |
| 325 | + | 4 governing appointment shall require the applicant to | |
| 326 | + | 5 demonstrate an inability to pay for or inability to otherwise | |
| 327 | + | 6 provide for adequate representation before a panel. Such rules | |
| 328 | + | 7 must also provide: (1) that an attorney may not be appointed in | |
| 329 | + | 8 cases which, in the opinion of a panel, are clearly without | |
| 330 | + | 9 merit; (2) the stage of the unfair labor proceeding at which | |
| 331 | + | 10 counsel will be appointed; and (3) the circumstances under | |
| 332 | + | 11 which a client will be allowed to select counsel. | |
| 333 | + | 12 (1) The panels in joint session may promulgate rules and | |
| 334 | + | 13 regulations which allow parties in proceedings before a panel | |
| 335 | + | 14 to be represented by counsel or any other representative of | |
| 336 | + | 15 the party's choice. | |
| 337 | + | 16 (m) The Chairman of the State Panel shall serve as | |
| 338 | + | 17 Chairman of a joint session of the panels. Attendance of at | |
| 339 | + | 18 least 2 members of the State Panel and at least one member of | |
| 340 | + | 19 the Local Panel, in addition to the Chairman, shall constitute | |
| 341 | + | 20 a quorum at a joint session. The panels shall meet in joint | |
| 342 | + | 21 session at least annually. | |
| 343 | + | 22 (Source: P.A. 96-813, eff. 10-30-09.) | |
| 344 | + | 23 (5 ILCS 315/11) (from Ch. 48, par. 1611) | |
| 345 | + | 24 Sec. 11. Unfair labor practice procedures. Unfair labor | |
| 346 | + | 25 practices may be dealt with by the Board in the following | |
| 347 | + | ||
| 348 | + | ||
| 349 | + | ||
| 350 | + | ||
| 351 | + | ||
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| 354 | + | ||
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| 357 | + | 1 manner: | |
| 358 | + | 2 (a) Whenever it is charged that any person has engaged in | |
| 359 | + | 3 or is engaging in any unfair labor practice, the Board or any | |
| 360 | + | 4 agent designated by the Board for such purposes, shall conduct | |
| 361 | + | 5 an investigation of the charge. If after such investigation | |
| 362 | + | 6 the Board finds that the charge involves a dispositive issue | |
| 363 | + | 7 of law or fact the Board shall issue a complaint and cause to | |
| 364 | + | 8 be served upon the person a complaint stating the charges, | |
| 365 | + | 9 accompanied by a notice of hearing before the Board or a member | |
| 366 | + | 10 thereof designated by the Board, or before a qualified hearing | |
| 367 | + | 11 officer designated by the Board at the offices of the Board or | |
| 368 | + | 12 such other location as the Board deems appropriate, not less | |
| 369 | + | 13 than 5 days after serving of such complaint provided that no | |
| 370 | + | 14 complaint shall issue based upon any unfair labor practice | |
| 371 | + | 15 occurring more than six months prior to the filing of a charge | |
| 372 | + | 16 with the Board and the service of a copy thereof upon the | |
| 373 | + | 17 person against whom the charge is made, unless the person | |
| 374 | + | 18 aggrieved thereby did not reasonably have knowledge of the | |
| 375 | + | 19 alleged unfair labor practice or was prevented from filing | |
| 376 | + | 20 such a charge by reason of service in the armed forces, in | |
| 377 | + | 21 which event the six month period shall be computed from the | |
| 378 | + | 22 date of his discharge. Any such complaint may be amended by the | |
| 379 | + | 23 member or hearing officer conducting the hearing for the Board | |
| 380 | + | 24 in his discretion at any time prior to the issuance of an order | |
| 381 | + | 25 based thereon. The person who is the subject of the complaint | |
| 382 | + | 26 has the right to file an answer to the original or amended | |
| 383 | + | ||
| 384 | + | ||
| 385 | + | ||
| 386 | + | ||
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| 393 | + | 1 complaint and to appear in person or by a representative and | |
| 394 | + | 2 give testimony at the place and time fixed in the complaint. In | |
| 395 | + | 3 the discretion of the member or hearing officer conducting the | |
| 396 | + | 4 hearing or the Board, any other person may be allowed to | |
| 397 | + | 5 intervene in the proceeding and to present testimony. In any | |
| 398 | + | 6 hearing conducted by the Board, neither the Board nor the | |
| 399 | + | 7 member or agent conducting the hearing shall be bound by the | |
| 400 | + | 8 rules of evidence applicable to courts, except as to the rules | |
| 401 | + | 9 of privilege recognized by law. | |
| 402 | + | 10 (b) The Board shall have the power to issue subpoenas and | |
| 403 | + | 11 administer oaths. If any party wilfully fails or neglects to | |
| 404 | + | 12 appear or testify or to produce books, papers and records | |
| 405 | + | 13 pursuant to the issuance of a subpoena by the Board, the Board | |
| 406 | + | 14 may apply to a court of competent jurisdiction to request that | |
| 407 | + | 15 such party be ordered to appear before the Board to testify or | |
| 408 | + | 16 produce the requested evidence. | |
| 409 | + | 17 (c) Any testimony taken by the Board, or a member | |
| 410 | + | 18 designated by the Board or a hearing officer thereof, must be | |
| 411 | + | 19 reduced to writing and filed with the Board. A full and | |
| 412 | + | 20 complete record shall be kept of all proceedings before the | |
| 413 | + | 21 Board, and all proceedings shall be transcribed by a reporter | |
| 414 | + | 22 appointed by the Board. The party on whom the burden of proof | |
| 415 | + | 23 rests shall be required to sustain such burden by a | |
| 416 | + | 24 preponderance of the evidence. If, upon a preponderance of the | |
| 417 | + | 25 evidence taken, the Board is of the opinion that any person | |
| 418 | + | 26 named in the charge has engaged in or is engaging in an unfair | |
| 419 | + | ||
| 420 | + | ||
| 421 | + | ||
| 422 | + | ||
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| 429 | + | 1 labor practice, then it shall state its findings of fact and | |
| 430 | + | 2 shall issue and cause to be served upon the person an order | |
| 431 | + | 3 requiring him to cease and desist from the unfair labor | |
| 432 | + | 4 practice, and to take such affirmative action, including | |
| 433 | + | 5 reinstatement of public employees with or without back pay, as | |
| 434 | + | 6 will effectuate the policies of this Act. If the Board awards | |
| 435 | + | 7 back pay, it shall also award interest at the rate of 7% per | |
| 436 | + | 8 annum. The Board's order may further require the person to | |
| 437 | + | 9 make reports from time to time, and demonstrate the extent to | |
| 438 | + | 10 which he has complied with the order. If there is no | |
| 439 | + | 11 preponderance of evidence to indicate to the Board that the | |
| 440 | + | 12 person named in the charge has engaged in or is engaging in the | |
| 441 | + | 13 unfair labor practice, then the Board shall state its findings | |
| 442 | + | 14 of fact and shall issue an order dismissing the complaint. The | |
| 443 | + | 15 Board's order may in its discretion also include an | |
| 444 | + | 16 appropriate sanction, based on the Board's rules and | |
| 445 | + | 17 regulations, and the sanction may include an order to pay the | |
| 446 | + | 18 other party or parties' reasonable expenses including costs | |
| 447 | + | 19 and reasonable attorney's fee, if the other party has made | |
| 448 | + | 20 allegations or denials without reasonable cause and found to | |
| 449 | + | 21 be untrue or has engaged in frivolous litigation for the | |
| 450 | + | 22 purpose of delay or needless increase in the cost of | |
| 451 | + | 23 litigation; the State of Illinois or any agency thereof shall | |
| 452 | + | 24 be subject to the provisions of this sentence in the same | |
| 453 | + | 25 manner as any other party. | |
| 454 | + | 26 (d) Until the record in a case has been filed in court, the | |
| 455 | + | ||
| 456 | + | ||
| 457 | + | ||
| 458 | + | ||
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| 465 | + | 1 Board at any time, upon reasonable notice and in such manner as | |
| 466 | + | 2 it deems proper, may modify or set aside, in whole or in part, | |
| 467 | + | 3 any finding or order made or issued by it. | |
| 468 | + | 4 (e) A charging party or any person aggrieved by a final | |
| 469 | + | 5 order of the Board granting or denying in whole or in part the | |
| 470 | + | 6 relief sought may apply for and obtain judicial review of an | |
| 471 | + | 7 order of the Board entered under this Act, in accordance with | |
| 472 | + | 8 the provisions of the Administrative Review Law, as now or | |
| 473 | + | 9 hereafter amended, except that such judicial review shall be | |
| 474 | + | 10 afforded directly in the appellate court for the district in | |
| 475 | + | 11 which the aggrieved party resides or transacts business, and | |
| 476 | + | 12 provided, that such judicial review shall not be available for | |
| 477 | + | 13 the purpose of challenging a final order issued by the Board | |
| 478 | + | 14 pursuant to Section 9 of this Act for which judicial review has | |
| 479 | + | 15 been petitioned pursuant to subsection (i) of Section 9. Any | |
| 480 | + | 16 direct appeal to the Appellate Court shall be filed within 35 | |
| 481 | + | 17 days from the date that a copy of the decision sought to be | |
| 482 | + | 18 reviewed was served upon the party affected by the decision. | |
| 483 | + | 19 The filing of such an appeal to the Appellate Court shall not | |
| 484 | + | 20 automatically stay the enforcement of the Board's order. An | |
| 485 | + | 21 aggrieved party may apply to the Appellate Court for a stay of | |
| 486 | + | 22 the enforcement of the Board's order after the aggrieved party | |
| 487 | + | 23 has followed the procedure prescribed by Supreme Court Rule | |
| 488 | + | 24 335. The Board in proceedings under this Section may obtain an | |
| 489 | + | 25 order of the court for the enforcement of its order. | |
| 490 | + | 26 (f) Whenever it appears that any person has violated a | |
| 491 | + | ||
| 492 | + | ||
| 493 | + | ||
| 494 | + | ||
| 495 | + | ||
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| 501 | + | 1 final order of the Board issued pursuant to this Section, the | |
| 502 | + | 2 Board must commence an action in the name of the People of the | |
| 503 | + | 3 State of Illinois by petition, alleging the violation, | |
| 504 | + | 4 attaching a copy of the order of the Board, and praying for the | |
| 505 | + | 5 issuance of an order directing the person, his officers, | |
| 506 | + | 6 agents, servants, successors, and assigns to comply with the | |
| 507 | + | 7 order of the Board. The Board shall be represented in this | |
| 508 | + | 8 action by the Attorney General in accordance with the Attorney | |
| 509 | + | 9 General Act. The court may grant or refuse, in whole or in | |
| 510 | + | 10 part, the relief sought, provided that the court may stay an | |
| 511 | + | 11 order of the Board in accordance with the Administrative | |
| 512 | + | 12 Review Law, pending disposition of the proceedings. The court | |
| 513 | + | 13 may punish a violation of its order as in civil contempt. | |
| 514 | + | 14 (g) The proceedings provided in paragraph (f) of this | |
| 515 | + | 15 Section shall be commenced in the Appellate Court for the | |
| 516 | + | 16 district where the unfair labor practice which is the subject | |
| 517 | + | 17 of the Board's order was committed, or where a person required | |
| 518 | + | 18 to cease and desist by such order resides or transacts | |
| 519 | + | 19 business. | |
| 520 | + | 20 (h) The Board through the Attorney General, shall have | |
| 521 | + | 21 power, upon issuance of an unfair labor practice complaint | |
| 522 | + | 22 alleging that a person has engaged in or is engaging in an | |
| 523 | + | 23 unfair labor practice, to petition the circuit court where the | |
| 524 | + | 24 alleged unfair labor practice which is the subject of the | |
| 525 | + | 25 Board's complaint was allegedly committed, or where a person | |
| 526 | + | 26 required to cease and desist from such alleged unfair labor | |
| 527 | + | ||
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| 530 | + | ||
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| 533 | + | ||
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| 536 | + | HB5324 Enrolled - 16 - LRB103 38896 MXP 69033 b | |
| 537 | + | 1 practice resides or transacts business, for appropriate | |
| 538 | + | 2 temporary relief or restraining order. Upon the filing of any | |
| 539 | + | 3 such petition, the court shall cause notice thereof to be | |
| 540 | + | 4 served upon such persons, and thereupon shall have | |
| 541 | + | 5 jurisdiction to grant to the Board such temporary relief or | |
| 542 | + | 6 restraining order as it deems just and proper. | |
| 543 | + | 7 (i) If an unfair labor practice charge involves the | |
| 544 | + | 8 interpretation or application of a collective bargaining | |
| 545 | + | 9 agreement and said agreement contains a grievance procedure | |
| 546 | + | 10 with binding arbitration as its terminal step, the Board may | |
| 547 | + | 11 defer the resolution of such dispute to the grievance and | |
| 548 | + | 12 arbitration procedure contained in said agreement. | |
| 549 | + | 13 (j) To effectuate this Act's policy, the Board shall adopt | |
| 550 | + | 14 goals (i) to ensure effective enforcement of this Act through | |
| 551 | + | 15 timely and quality consideration and resolution of unfair | |
| 552 | + | 16 labor practices with appropriate remedies and (ii) to protect | |
| 553 | + | 17 employee free choice with timely and effective mechanisms to | |
| 554 | + | 18 resolve questions concerning representation. To measure and | |
| 555 | + | 19 report on its success in achieving these goals, the Board | |
| 556 | + | 20 shall also adopt the following timeliness goals for the | |
| 557 | + | 21 processing of unfair labor practice charges filed under | |
| 558 | + | 22 Section 10: | |
| 559 | + | 23 (1) Complete the investigation and issue a complaint, | |
| 560 | + | 24 dismissal, or deferral within 100 days of the charges | |
| 561 | + | 25 being filed. If the dismissal or deferral is appealed to | |
| 562 | + | 26 the Board, issue Board decisions within 90 days of the | |
| 563 | + | ||
| 564 | + | ||
| 565 | + | ||
| 566 | + | ||
| 567 | + | ||
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| 573 | + | 1 completion of the Board's process for filing appeals. | |
| 574 | + | 2 (2) Upon the issuance of complaints for hearing: (i) | |
| 575 | + | 3 schedule hearings to begin within 60 days of a complaint's | |
| 576 | + | 4 issuance; (ii) issue recommended decisions and orders | |
| 577 | + | 5 within 120 days of the close of the record; and (iii) if | |
| 578 | + | 6 exceptions to recommended decisions and orders are filed, | |
| 579 | + | 7 issue Board decisions within 90 days of the completion of | |
| 580 | + | 8 the Board's process for filing exceptions. | |
| 581 | + | 9 (Source: P.A. 100-516, eff. 9-22-17.) | |
| 582 | + | 10 Section 10. The Illinois Educational Labor Relations Act | |
| 583 | + | 11 is amended by changing Sections 5 and 15 as follows: | |
| 584 | + | 12 (115 ILCS 5/5) (from Ch. 48, par. 1705) | |
| 585 | + | 13 Sec. 5. Illinois Educational Labor Relations Board. | |
| 586 | + | 14 (a) There is hereby created the Illinois Educational Labor | |
| 587 | + | 15 Relations Board. | |
| 588 | + | 16 (a-5) Until July 1, 2003 or when all of the new members to | |
| 589 | + | 17 be initially appointed under this amendatory Act of the 93rd | |
| 590 | + | 18 General Assembly have been appointed by the Governor, | |
| 591 | + | 19 whichever occurs later, the Illinois Educational Labor | |
| 592 | + | 20 Relations Board shall consist of 7 members, no more than 4 of | |
| 593 | + | 21 whom may be of the same political party, who are residents of | |
| 594 | + | 22 Illinois appointed by the Governor with the advice and consent | |
| 595 | + | 23 of the Senate. | |
| 596 | + | 24 The term of each appointed member of the Board who is in | |
| 597 | + | ||
| 598 | + | ||
| 599 | + | ||
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| 606 | + | HB5324 Enrolled - 18 - LRB103 38896 MXP 69033 b | |
| 607 | + | 1 office on June 30, 2003 shall terminate at the close of | |
| 608 | + | 2 business on that date or when all of the new members to be | |
| 609 | + | 3 initially appointed under this amendatory Act of the 93rd | |
| 610 | + | 4 General Assembly have been appointed by the Governor, | |
| 611 | + | 5 whichever occurs later. | |
| 612 | + | 6 (b) Beginning on July 1, 2003 or when all of the new | |
| 613 | + | 7 members to be initially appointed under this amendatory Act of | |
| 614 | + | 8 the 93rd General Assembly have been appointed by the Governor, | |
| 615 | + | 9 whichever occurs later, the Illinois Educational Labor | |
| 616 | + | 10 Relations Board shall consist of 5 members appointed by the | |
| 617 | + | 11 Governor with the advice and consent of the Senate. No more | |
| 618 | + | 12 than 3 members may be of the same political party. | |
| 619 | + | 13 The Governor shall appoint to the Board only persons who | |
| 620 | + | 14 are residents of Illinois and have had a minimum of 5 years of | |
| 621 | + | 15 experience directly related to labor and employment relations | |
| 622 | + | 16 in representing educational employers or educational employees | |
| 623 | + | 17 in collective bargaining matters. One appointed member shall | |
| 624 | + | 18 be designated at the time of his or her appointment to serve as | |
| 625 | + | 19 chairman. | |
| 626 | + | 20 Of the initial members appointed pursuant to this | |
| 627 | + | 21 amendatory Act of the 93rd General Assembly, 2 shall be | |
| 628 | + | 22 designated at the time of appointment to serve a term of 6 | |
| 629 | + | 23 years, 2 shall be designated at the time of appointment to | |
| 630 | + | 24 serve a term of 4 years, and the other shall be designated at | |
| 631 | + | 25 the time of his or her appointment to serve a term of 4 years, | |
| 632 | + | 26 with each to serve until his or her successor is appointed and | |
| 633 | + | ||
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| 642 | + | HB5324 Enrolled - 19 - LRB103 38896 MXP 69033 b | |
| 643 | + | 1 qualified. | |
| 644 | + | 2 Each subsequent member shall be appointed in like manner | |
| 645 | + | 3 for a term of 6 years and until his or her successor is | |
| 646 | + | 4 appointed and qualified. Each member of the Board is eligible | |
| 647 | + | 5 for reappointment. Vacancies shall be filled in the same | |
| 648 | + | 6 manner as original appointments for the balance of the | |
| 649 | + | 7 unexpired term. | |
| 650 | + | 8 (c) The chairman shall be paid $50,000 per year, or an | |
| 651 | + | 9 amount set by the Compensation Review Board, whichever is | |
| 652 | + | 10 greater. Other members of the Board shall each be paid $45,000 | |
| 653 | + | 11 per year, or an amount set by the Compensation Review Board, | |
| 654 | + | 12 whichever is greater. They shall be entitled to reimbursement | |
| 655 | + | 13 for necessary traveling and other official expenditures | |
| 656 | + | 14 necessitated by their official duties. | |
| 657 | + | 15 Each member shall devote his entire time to the duties of | |
| 658 | + | 16 the office, and shall hold no other office or position of | |
| 659 | + | 17 profit, nor engage in any other business, employment or | |
| 660 | + | 18 vocation. | |
| 661 | + | 19 (d) Three members of the Board constitute a quorum and a | |
| 662 | + | 20 vacancy on the Board does not impair the right of the remaining | |
| 663 | + | 21 members to exercise all of the powers of the Board. | |
| 664 | + | 22 (e) Any member of the Board may be removed by the Governor, | |
| 665 | + | 23 upon notice, for neglect of duty or malfeasance in office, but | |
| 666 | + | 24 for no other cause. | |
| 667 | + | 25 (f) The Board may appoint or employ an executive director, | |
| 668 | + | 26 attorneys, hearing officers, and such other employees as it | |
| 669 | + | ||
| 670 | + | ||
| 671 | + | ||
| 672 | + | ||
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| 675 | + | ||
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| 677 | + | HB5324 Enrolled- 20 -LRB103 38896 MXP 69033 b HB5324 Enrolled - 20 - LRB103 38896 MXP 69033 b | |
| 678 | + | HB5324 Enrolled - 20 - LRB103 38896 MXP 69033 b | |
| 679 | + | 1 deems necessary to perform its functions, except that the | |
| 680 | + | 2 Board shall employ a minimum of 8 attorneys and 5 | |
| 681 | + | 3 investigators. The Board shall prescribe the duties and | |
| 682 | + | 4 qualifications of such persons appointed and, subject to the | |
| 683 | + | 5 annual appropriation, fix their compensation and provide for | |
| 684 | + | 6 reimbursement of actual and necessary expenses incurred in the | |
| 685 | + | 7 performance of their duties. | |
| 686 | + | 8 (g) The Board may promulgate rules and regulations which | |
| 687 | + | 9 allow parties in proceedings before the Board to be | |
| 688 | + | 10 represented by counsel or any other person knowledgeable in | |
| 689 | + | 11 the matters under consideration. | |
| 690 | + | 12 (h) To accomplish the objectives and to carry out the | |
| 691 | + | 13 duties prescribed by this Act, the Board may subpoena | |
| 692 | + | 14 witnesses, subpoena the production of books, papers, records | |
| 693 | + | 15 and documents which may be needed as evidence on any matter | |
| 694 | + | 16 under inquiry and may administer oaths and affirmations. | |
| 695 | + | 17 In cases of neglect or refusal to obey a subpoena issued to | |
| 696 | + | 18 any person, the circuit court in the county in which the | |
| 697 | + | 19 investigation or the public hearing is taking place, upon | |
| 698 | + | 20 application by the Board, may issue an order requiring such | |
| 699 | + | 21 person to appear before the Board or any member or agent of the | |
| 700 | + | 22 Board to produce evidence or give testimony. A failure to obey | |
| 701 | + | 23 such order may be punished by the court as in civil contempt. | |
| 702 | + | 24 Any subpoena, notice of hearing, or other process or | |
| 703 | + | 25 notice of the Board issued under the provisions of this Act may | |
| 704 | + | 26 be served by one of the methods permitted in the Board's rules. | |
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| 713 | + | HB5324 Enrolled- 21 -LRB103 38896 MXP 69033 b HB5324 Enrolled - 21 - LRB103 38896 MXP 69033 b | |
| 714 | + | HB5324 Enrolled - 21 - LRB103 38896 MXP 69033 b | |
| 715 | + | 1 (i) The Board shall adopt, promulgate, amend, or rescind | |
| 716 | + | 2 rules and regulations in accordance with the Illinois | |
| 717 | + | 3 Administrative Procedure Act as it deems necessary and | |
| 718 | + | 4 feasible to carry out this Act. | |
| 719 | + | 5 (j) The Board at the end of every State fiscal year shall | |
| 720 | + | 6 make a report in writing to the Governor and the General | |
| 721 | + | 7 Assembly, stating in detail the work it has done to carry out | |
| 722 | + | 8 the policy of the Act in hearing and deciding cases and | |
| 723 | + | 9 otherwise. The Board's report shall include: | |
| 724 | + | 10 (1) the number of unfair labor practice charges filed | |
| 725 | + | 11 during the fiscal year; | |
| 726 | + | 12 (2) the number of unfair labor practice charges | |
| 727 | + | 13 resolved during the fiscal year; | |
| 728 | + | 14 (3) the total number of unfair labor charges pending | |
| 729 | + | 15 before the Board at the end of the fiscal year; | |
| 730 | + | 16 (4) the number of unfair labor charge cases at the end | |
| 731 | + | 17 of the fiscal year that have been pending before the Board | |
| 732 | + | 18 between 1 and 100 days, 101 and 150 days, 151 and 200 days, | |
| 733 | + | 19 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 | |
| 734 | + | 20 and 400 days, 401 and 450 days, 451 and 500 days, 501 and | |
| 735 | + | 21 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 | |
| 736 | + | 22 days, and over 701 days; | |
| 737 | + | 23 (5) the number of representation cases and unit | |
| 738 | + | 24 clarification cases filed during the fiscal year; | |
| 739 | + | 25 (6) the number of representation cases and unit | |
| 740 | + | 26 clarification cases resolved during the fiscal year; | |
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| 750 | + | HB5324 Enrolled - 22 - LRB103 38896 MXP 69033 b | |
| 751 | + | 1 (7) the total number of representation cases and unit | |
| 752 | + | 2 clarification cases pending before the Board at the end of | |
| 753 | + | 3 the fiscal year; | |
| 754 | + | 4 (8) the number of representation cases and unit | |
| 755 | + | 5 clarification cases at the end of the fiscal year that | |
| 756 | + | 6 have been pending before the Board between 1 and 120 days, | |
| 757 | + | 7 121 and 180 days, and over 180 days; and | |
| 758 | + | 8 (9) the Board's progress in meeting the timeliness | |
| 759 | + | 9 goals established pursuant to the criteria in Section 15 | |
| 760 | + | 10 of this Act; the report shall include, but is not limited | |
| 761 | + | 11 to: | |
| 762 | + | 12 (A) the average number of days taken to complete | |
| 763 | + | 13 investigations and issue complaints, dismissals or | |
| 764 | + | 14 deferrals; | |
| 765 | + | 15 (B) the average number of days taken for the Board | |
| 766 | + | 16 to issue decisions on appeals of dismissals or | |
| 767 | + | 17 deferrals; | |
| 768 | + | 18 (C) the average number of days taken to schedule a | |
| 769 | + | 19 hearing on complaints once issued; | |
| 770 | + | 20 (D) the average number of days taken to issue a | |
| 771 | + | 21 recommended decision and order once the record is | |
| 772 | + | 22 closed; | |
| 773 | + | 23 (E) the average number of days taken for the Board | |
| 774 | + | 24 to issue final decisions on recommended decisions | |
| 775 | + | 25 where exceptions have been filed; | |
| 776 | + | 26 (F) the average number of days taken for the Board | |
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| 786 | + | HB5324 Enrolled - 23 - LRB103 38896 MXP 69033 b | |
| 787 | + | 1 to issue final decision on recommended decisions when | |
| 788 | + | 2 no exceptions have been filed; and | |
| 789 | + | 3 (G) in cases where the Board was unable to meet the | |
| 790 | + | 4 timeliness goals established in Section 15, an | |
| 791 | + | 5 explanation as to why the goal was not met. | |
| 792 | + | 6 (Source: P.A. 102-797, eff. 1-1-23.) | |
| 793 | + | 7 (115 ILCS 5/15) (from Ch. 48, par. 1715) | |
| 794 | + | 8 Sec. 15. Unfair labor practice procedure. A charge of | |
| 795 | + | 9 unfair labor practice may be filed with the Board by an | |
| 796 | + | 10 employer, an individual or a labor organization. If the Board | |
| 797 | + | 11 after investigation finds that the charge states an issue of | |
| 798 | + | 12 law or fact, it shall issue and cause to be served upon the | |
| 799 | + | 13 party complained of a complaint which fully states the charges | |
| 800 | + | 14 and thereupon hold a hearing on the charges, giving at least 5 | |
| 801 | + | 15 days' notice to the parties. At hearing, the charging party | |
| 802 | + | 16 may also present evidence in support of the charges and the | |
| 803 | + | 17 party charged may file an answer to the charges, appear in | |
| 804 | + | 18 person or by attorney, and present evidence in defense against | |
| 805 | + | 19 the charges. | |
| 806 | + | 20 The Board has the power to issue subpoenas and administer | |
| 807 | + | 21 oaths. If any party wilfully fails or neglects to appear or | |
| 808 | + | 22 testify or to produce books, papers and records pursuant to | |
| 809 | + | 23 subpoena issued by the Board, the Board shall apply to the | |
| 810 | + | 24 circuit court for an order to compel the attendance of the | |
| 811 | + | 25 party at the hearing to testify or produce requested | |
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| 821 | + | HB5324 Enrolled - 24 - LRB103 38896 MXP 69033 b | |
| 822 | + | 1 documents. | |
| 823 | + | 2 If the Board finds that the party charged has committed an | |
| 824 | + | 3 unfair labor practice, it shall make findings of fact and is | |
| 825 | + | 4 empowered to issue an order requiring the party charged to | |
| 826 | + | 5 stop the unfair practice, and may take additional affirmative | |
| 827 | + | 6 action, including requiring the party to make reports from | |
| 828 | + | 7 time to time showing the extent to which he or she has complied | |
| 829 | + | 8 with the order. No order shall be issued upon an unfair | |
| 830 | + | 9 practice occurring more than 6 months before the filing of the | |
| 831 | + | 10 charge alleging the unfair labor practice. If the Board awards | |
| 832 | + | 11 back pay, it shall also award interest at the rate of 7% per | |
| 833 | + | 12 annum. If the Board finds that the party charged has not | |
| 834 | + | 13 committed any unfair labor practice, findings of fact shall be | |
| 835 | + | 14 made and an order issued dismissing the charges. | |
| 836 | + | 15 The Board may petition the circuit court of the county in | |
| 837 | + | 16 which the unfair labor practice in question occurred or where | |
| 838 | + | 17 the party charged with the unfair labor practice resides or | |
| 839 | + | 18 transacts business to enforce an order and for other relief | |
| 840 | + | 19 which may include, but is not limited to, injunctions. The | |
| 841 | + | 20 Board's order may in its discretion also include an | |
| 842 | + | 21 appropriate sanction, based on the Board's rules and | |
| 843 | + | 22 regulations, and the sanction may include an order to pay the | |
| 844 | + | 23 other party or parties' reasonable expenses including costs | |
| 845 | + | 24 and reasonable attorney's fee, if the other party has made | |
| 846 | + | 25 allegations or denials without reasonable cause and found to | |
| 847 | + | 26 be untrue or has engaged in frivolous litigation for the | |
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| 857 | + | HB5324 Enrolled - 25 - LRB103 38896 MXP 69033 b | |
| 858 | + | 1 purpose of delay or needless increase in the cost of | |
| 859 | + | 2 litigation; the State of Illinois or any agency thereof shall | |
| 860 | + | 3 be subject to the provisions of this sentence in the same | |
| 861 | + | 4 manner as any other party. | |
| 862 | + | 5 To effectuate this Act's policy, the Board shall adopt | |
| 863 | + | 6 goals (i) to ensure effective enforcement of this Act through | |
| 864 | + | 7 timely and quality consideration and resolution of unfair | |
| 865 | + | 8 labor practices with appropriate remedies and (ii) to protect | |
| 866 | + | 9 employee free choice with timely and effective mechanisms to | |
| 867 | + | 10 resolve questions concerning representation. To measure and | |
| 868 | + | 11 report on its success in achieving these goals, the Board | |
| 869 | + | 12 shall also adopt the following timeliness goals for the | |
| 870 | + | 13 processing of unfair labor practice charges filed under | |
| 871 | + | 14 Section 14: | |
| 872 | + | 15 (1) Complete the investigation and issue a complaint, | |
| 873 | + | 16 dismissal, or deferral within 100 days of the charges | |
| 874 | + | 17 being filed. If the dismissal or deferral is appealed to | |
| 875 | + | 18 the Board, issue Board decisions within 90 days of the | |
| 876 | + | 19 completion of the Board's process for filing appeals. | |
| 877 | + | 20 (2) Upon the issuance of complaints for hearing: (i) | |
| 878 | + | 21 schedule hearings to begin within 60 days of a complaint's | |
| 879 | + | 22 issuance; (ii) issue recommended decisions and orders | |
| 880 | + | 23 within 120 days of the close of the record; and (iii) if | |
| 881 | + | 24 exceptions to recommended decisions and orders are filed, | |
| 882 | + | 25 issue Board decisions within 90 days of the completion of | |
| 883 | + | 26 the Board's process for filing exceptions. | |
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| 893 | + | HB5324 Enrolled - 26 - LRB103 38896 MXP 69033 b | |
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