Public Act 103-0856
HB5324 EnrolledLRB103 38896 MXP 69033 b HB5324 Enrolled LRB103 38896 MXP 69033 b
HB5324 Enrolled LRB103 38896 MXP 69033 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Sections 5 and 11 as follows:
(5 ILCS 315/5) (from Ch. 48, par. 1605)
Sec. 5. Illinois Labor Relations Board; State Panel; Local
Panel.
(a) There is created the Illinois Labor Relations Board.
The Board shall be comprised of 2 panels, to be known as the
State Panel and the Local Panel.
(a-5) The State Panel shall have jurisdiction over
collective bargaining matters between employee organizations
and the State of Illinois, excluding the General Assembly of
the State of Illinois, between employee organizations and
units of local government and school districts with a
population not in excess of 2 million persons, and between
employee organizations and the Regional Transportation
Authority.
The State Panel shall consist of 5 members appointed by
the Governor, with the advice and consent of the Senate. The
Governor shall appoint to the State Panel only persons who
have had a minimum of 5 years of experience directly related to
HB5324 Enrolled LRB103 38896 MXP 69033 b
labor and employment relations in representing public
employers, private employers or labor organizations; or
teaching labor or employment relations; or administering
executive orders or regulations applicable to labor or
employment relations. At the time of his or her appointment,
each member of the State Panel shall be an Illinois resident.
The Governor shall designate one member to serve as the
Chairman of the State Panel and the Board.
Notwithstanding any other provision of this Section, the
term of each member of the State Panel who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the
93rd General Assembly have been appointed by the Governor,
whichever occurs later. As soon as possible, the Governor
shall appoint persons to fill the vacancies created by this
amendatory Act.
The initial appointments under this amendatory Act of the
93rd General Assembly shall be for terms as follows: The
Chairman shall initially be appointed for a term ending on the
4th Monday in January, 2007; 2 members shall be initially
appointed for terms ending on the 4th Monday in January, 2006;
one member shall be initially appointed for a term ending on
the 4th Monday in January, 2005; and one member shall be
initially appointed for a term ending on the 4th Monday in
January, 2004. Each subsequent member shall be appointed for a
term of 4 years, commencing on the 4th Monday in January. Upon
expiration of the term of office of any appointive member,
that member shall continue to serve until a successor shall be
appointed and qualified. In case of a vacancy, a successor
shall be appointed to serve for the unexpired portion of the
term. If the Senate is not in session at the time the initial
appointments are made, the Governor shall make temporary
appointments in the same manner successors are appointed to
fill vacancies. A temporary appointment shall remain in effect
no longer than 20 calendar days after the commencement of the
next Senate session.
(b) The Local Panel shall have jurisdiction over
collective bargaining agreement matters between employee
organizations and units of local government with a population
in excess of 2 million persons, but excluding the Regional
Transportation Authority.
The Local Panel shall consist of one person appointed by
the Governor with the advice and consent of the Senate (or, if
no such person is appointed, the Chairman of the State Panel)
and two additional members, one appointed by the Mayor of the
City of Chicago and one appointed by the President of the Cook
County Board of Commissioners. Appointees to the Local Panel
must have had a minimum of 5 years of experience directly
related to labor and employment relations in representing
public employers, private employers or labor organizations; or
teaching labor or employment relations; or administering
executive orders or regulations applicable to labor or
employment relations. Each member of the Local Panel shall be
an Illinois resident at the time of his or her appointment. The
member appointed by the Governor (or, if no such person is
appointed, the Chairman of the State Panel) shall serve as the
Chairman of the Local Panel.
Notwithstanding any other provision of this Section, the
term of the member of the Local Panel who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when his or her successor
has been appointed by the Governor, whichever occurs later. As
soon as possible, the Governor shall appoint a person to fill
the vacancy created by this amendatory Act. The initial
appointment under this amendatory Act of the 93rd General
Assembly shall be for a term ending on the 4th Monday in
January, 2007.
The initial appointments under this amendatory Act of the
91st General Assembly shall be for terms as follows: The
member appointed by the Governor shall initially be appointed
for a term ending on the 4th Monday in January, 2001; the
member appointed by the President of the Cook County Board
shall be initially appointed for a term ending on the 4th
Monday in January, 2003; and the member appointed by the Mayor
of the City of Chicago shall be initially appointed for a term
ending on the 4th Monday in January, 2004. Each subsequent
member shall be appointed for a term of 4 years, commencing on
the 4th Monday in January. Upon expiration of the term of
office of any appointive member, the member shall continue to
serve until a successor shall be appointed and qualified. In
the case of a vacancy, a successor shall be appointed by the
applicable appointive authority to serve for the unexpired
portion of the term.
(c) Three members of the State Panel shall at all times
constitute a quorum. Two members of the Local Panel shall at
all times constitute a quorum. A vacancy on a panel does not
impair the right of the remaining members to exercise all of
the powers of that panel. Each panel shall adopt an official
seal which shall be judicially noticed. The salary of the
Chairman of the State Panel shall be $82,429 per year, or as
set by the Compensation Review Board, whichever is greater,
and that of the other members of the State and Local Panels
shall be $74,188 per year, or as set by the Compensation Review
Board, whichever is greater.
(d) Each member shall devote his or her entire time to the
duties of the office, and shall hold no other office or
position of profit, nor engage in any other business,
employment, or vocation. No member shall hold any other public
office or be employed as a labor or management representative
by the State or any political subdivision of the State or of
any department or agency thereof, or actively represent or act
on behalf of an employer or an employee organization or an
employer in labor relations matters. Any member of the State
Panel may be removed from office by the Governor for
inefficiency, neglect of duty, misconduct or malfeasance in
office, and for no other cause, and only upon notice and
hearing. Any member of the Local Panel may be removed from
office by the applicable appointive authority for
inefficiency, neglect of duty, misconduct or malfeasance in
office, and for no other cause, and only upon notice and
hearing.
(e) Each panel at the end of every State fiscal year shall
make a report in writing to the Governor and the General
Assembly, stating in detail the work it has done to carry out
the policy of the Act in hearing and deciding cases and
otherwise. Each panel's report shall include:
(1) the number of unfair labor practice charges filed
during the fiscal year;
(2) the number of unfair labor practice charges
resolved during the fiscal year;
(3) the total number of unfair labor charges pending
before the Board at the end of the fiscal year;
(4) the number of unfair labor charge cases at the end
of the fiscal year that have been pending before the Board
between 1 and 100 days, 101 and 150 days, 151 and 200 days,
201 and 250 days, 251 and 300 days, 301 and 350 days, 351
and 400 days, 401 and 450 days, 451 and 500 days, 501 and
550 days, 551 and 600 days, 601 and 650 days, 651 and 700
days, and over 701 days;
(5) the number of representation cases and unit
clarification cases filed during the fiscal year;
(6) the number of representation cases and unit
clarification cases resolved during the fiscal year;
(7) the total number of representation cases and unit
clarification cases pending before the Board at the end of
the fiscal year;
(8) the number of representation cases and unit
clarification cases at the end of the fiscal year that
have been pending before the Board between 1 and 120 days,
121 and 180 days, and over 180 days; and
(9) the Board's progress in meeting the timeliness
goals established pursuant to the criteria in subsection
(j) of Section 11 of this Act; the report shall include,
but is not limited to:
(A) the average number of days taken to complete
investigations and issue complaints, dismissals, or
deferrals;
(B) the average number of days taken for the Board
to issue decisions on appeals of dismissals or
deferrals;
(C) the average number of days taken to schedule a
hearing on complaints once issued;
(D) the average number of days taken to issue a
recommended decision and order once the record is
closed;
(E) the average number of days taken for the Board
to issue final decisions on recommended decisions
where exceptions have been filed;
(F) the average number of days taken for the Board
to issue final decision on recommended decisions when
no exceptions have been filed; and
(G) in cases where the Board was unable to meet the
timeliness goals established in subsection (j) of
Section 11, an explanation as to why the goal was not
met.
(f) In order to accomplish the objectives and carry out
the duties prescribed by this Act, a panel or its authorized
designees may hold elections to determine whether a labor
organization has majority status; investigate and attempt to
resolve or settle charges of unfair labor practices; hold
hearings in order to carry out its functions; develop and
effectuate appropriate impasse resolution procedures for
purposes of resolving labor disputes; require the appearance
of witnesses and the production of evidence on any matter
under inquiry; and administer oaths and affirmations. The
panels shall sign and report in full an opinion in every case
which they decide.
(g) Each panel may appoint or employ an executive
director, attorneys, hearing officers, mediators,
fact-finders, arbitrators, and such other employees as it may
deem necessary to perform its functions. The governing boards
shall prescribe the duties and qualifications of such persons
appointed and, subject to the annual appropriation, fix their
compensation and provide for reimbursement of actual and
necessary expenses incurred in the performance of their
duties. The Board shall employ a minimum of 16 attorneys and 6
investigators.
(h) Each panel shall exercise general supervision over all
attorneys which it employs and over the other persons employed
to provide necessary support services for such attorneys. The
panels shall have final authority in respect to complaints
brought pursuant to this Act.
(i) The following rules and regulations shall be adopted
by the panels meeting in joint session: (1) procedural rules
and regulations which shall govern all Board proceedings; (2)
procedures for election of exclusive bargaining
representatives pursuant to Section 9, except for the
determination of appropriate bargaining units; and (3)
appointment of counsel pursuant to subsection (k) of this
Section.
(j) Rules and regulations may be adopted, amended or
rescinded only upon a vote of 5 of the members of the State and
Local Panels meeting in joint session. The adoption, amendment
or rescission of rules and regulations shall be in conformity
with the requirements of the Illinois Administrative Procedure
Act.
(k) The panels in joint session shall promulgate rules and
regulations providing for the appointment of attorneys or
other Board representatives to represent persons in unfair
labor practice proceedings before a panel. The regulations
governing appointment shall require the applicant to
demonstrate an inability to pay for or inability to otherwise
provide for adequate representation before a panel. Such rules
must also provide: (1) that an attorney may not be appointed in
cases which, in the opinion of a panel, are clearly without
merit; (2) the stage of the unfair labor proceeding at which
counsel will be appointed; and (3) the circumstances under
which a client will be allowed to select counsel.
(1) The panels in joint session may promulgate rules and
regulations which allow parties in proceedings before a panel
to be represented by counsel or any other representative of
the party's choice.
(m) The Chairman of the State Panel shall serve as
Chairman of a joint session of the panels. Attendance of at
least 2 members of the State Panel and at least one member of
the Local Panel, in addition to the Chairman, shall constitute
a quorum at a joint session. The panels shall meet in joint
session at least annually.
(Source: P.A. 96-813, eff. 10-30-09.)
(5 ILCS 315/11) (from Ch. 48, par. 1611)
Sec. 11. Unfair labor practice procedures. Unfair labor
practices may be dealt with by the Board in the following
manner:
(a) Whenever it is charged that any person has engaged in
or is engaging in any unfair labor practice, the Board or any
agent designated by the Board for such purposes, shall conduct
an investigation of the charge. If after such investigation
the Board finds that the charge involves a dispositive issue
of law or fact the Board shall issue a complaint and cause to
be served upon the person a complaint stating the charges,
accompanied by a notice of hearing before the Board or a member
thereof designated by the Board, or before a qualified hearing
officer designated by the Board at the offices of the Board or
such other location as the Board deems appropriate, not less
than 5 days after serving of such complaint provided that no
complaint shall issue based upon any unfair labor practice
occurring more than six months prior to the filing of a charge
with the Board and the service of a copy thereof upon the
person against whom the charge is made, unless the person
aggrieved thereby did not reasonably have knowledge of the
alleged unfair labor practice or was prevented from filing
such a charge by reason of service in the armed forces, in
which event the six month period shall be computed from the
date of his discharge. Any such complaint may be amended by the
member or hearing officer conducting the hearing for the Board
in his discretion at any time prior to the issuance of an order
based thereon. The person who is the subject of the complaint
has the right to file an answer to the original or amended
complaint and to appear in person or by a representative and
give testimony at the place and time fixed in the complaint. In
the discretion of the member or hearing officer conducting the
hearing or the Board, any other person may be allowed to
intervene in the proceeding and to present testimony. In any
hearing conducted by the Board, neither the Board nor the
member or agent conducting the hearing shall be bound by the
rules of evidence applicable to courts, except as to the rules
of privilege recognized by law.
(b) The Board shall have the power to issue subpoenas and
administer oaths. If any party wilfully fails or neglects to
appear or testify or to produce books, papers and records
pursuant to the issuance of a subpoena by the Board, the Board
may apply to a court of competent jurisdiction to request that
such party be ordered to appear before the Board to testify or
produce the requested evidence.
(c) Any testimony taken by the Board, or a member
designated by the Board or a hearing officer thereof, must be
reduced to writing and filed with the Board. A full and
complete record shall be kept of all proceedings before the
Board, and all proceedings shall be transcribed by a reporter
appointed by the Board. The party on whom the burden of proof
rests shall be required to sustain such burden by a
preponderance of the evidence. If, upon a preponderance of the
evidence taken, the Board is of the opinion that any person
named in the charge has engaged in or is engaging in an unfair
labor practice, then it shall state its findings of fact and
shall issue and cause to be served upon the person an order
requiring him to cease and desist from the unfair labor
practice, and to take such affirmative action, including
reinstatement of public employees with or without back pay, as
will effectuate the policies of this Act. If the Board awards
back pay, it shall also award interest at the rate of 7% per
annum. The Board's order may further require the person to
make reports from time to time, and demonstrate the extent to
which he has complied with the order. If there is no
preponderance of evidence to indicate to the Board that the
person named in the charge has engaged in or is engaging in the
unfair labor practice, then the Board shall state its findings
of fact and shall issue an order dismissing the complaint. The
Board's order may in its discretion also include an
appropriate sanction, based on the Board's rules and
regulations, and the sanction may include an order to pay the
other party or parties' reasonable expenses including costs
and reasonable attorney's fee, if the other party has made
allegations or denials without reasonable cause and found to
be untrue or has engaged in frivolous litigation for the
purpose of delay or needless increase in the cost of
litigation; the State of Illinois or any agency thereof shall
be subject to the provisions of this sentence in the same
manner as any other party.
(d) Until the record in a case has been filed in court, the
Board at any time, upon reasonable notice and in such manner as
it deems proper, may modify or set aside, in whole or in part,
any finding or order made or issued by it.
(e) A charging party or any person aggrieved by a final
order of the Board granting or denying in whole or in part the
relief sought may apply for and obtain judicial review of an
order of the Board entered under this Act, in accordance with
the provisions of the Administrative Review Law, as now or
hereafter amended, except that such judicial review shall be
afforded directly in the appellate court for the district in
which the aggrieved party resides or transacts business, and
provided, that such judicial review shall not be available for
the purpose of challenging a final order issued by the Board
pursuant to Section 9 of this Act for which judicial review has
been petitioned pursuant to subsection (i) of Section 9. Any
direct appeal to the Appellate Court shall be filed within 35
days from the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision.
The filing of such an appeal to the Appellate Court shall not
automatically stay the enforcement of the Board's order. An
aggrieved party may apply to the Appellate Court for a stay of
the enforcement of the Board's order after the aggrieved party
has followed the procedure prescribed by Supreme Court Rule
335. The Board in proceedings under this Section may obtain an
order of the court for the enforcement of its order.
(f) Whenever it appears that any person has violated a
final order of the Board issued pursuant to this Section, the
Board must commence an action in the name of the People of the
State of Illinois by petition, alleging the violation,
attaching a copy of the order of the Board, and praying for the
issuance of an order directing the person, his officers,
agents, servants, successors, and assigns to comply with the
order of the Board. The Board shall be represented in this
action by the Attorney General in accordance with the Attorney
General Act. The court may grant or refuse, in whole or in
part, the relief sought, provided that the court may stay an
order of the Board in accordance with the Administrative
Review Law, pending disposition of the proceedings. The court
may punish a violation of its order as in civil contempt.
(g) The proceedings provided in paragraph (f) of this
Section shall be commenced in the Appellate Court for the
district where the unfair labor practice which is the subject
of the Board's order was committed, or where a person required
to cease and desist by such order resides or transacts
business.
(h) The Board through the Attorney General, shall have
power, upon issuance of an unfair labor practice complaint
alleging that a person has engaged in or is engaging in an
unfair labor practice, to petition the circuit court where the
alleged unfair labor practice which is the subject of the
Board's complaint was allegedly committed, or where a person
required to cease and desist from such alleged unfair labor
practice resides or transacts business, for appropriate
temporary relief or restraining order. Upon the filing of any
such petition, the court shall cause notice thereof to be
served upon such persons, and thereupon shall have
jurisdiction to grant to the Board such temporary relief or
restraining order as it deems just and proper.
(i) If an unfair labor practice charge involves the
interpretation or application of a collective bargaining
agreement and said agreement contains a grievance procedure
with binding arbitration as its terminal step, the Board may
defer the resolution of such dispute to the grievance and
arbitration procedure contained in said agreement.
(j) To effectuate this Act's policy, the Board shall adopt
goals (i) to ensure effective enforcement of this Act through
timely and quality consideration and resolution of unfair
labor practices with appropriate remedies and (ii) to protect
employee free choice with timely and effective mechanisms to
resolve questions concerning representation. To measure and
report on its success in achieving these goals, the Board
shall also adopt the following timeliness goals for the
processing of unfair labor practice charges filed under
Section 10:
(1) Complete the investigation and issue a complaint,
dismissal, or deferral within 100 days of the charges
being filed. If the dismissal or deferral is appealed to
the Board, issue Board decisions within 90 days of the
completion of the Board's process for filing appeals.
(2) Upon the issuance of complaints for hearing: (i)
schedule hearings to begin within 60 days of a complaint's
issuance; (ii) issue recommended decisions and orders
within 120 days of the close of the record; and (iii) if
exceptions to recommended decisions and orders are filed,
issue Board decisions within 90 days of the completion of
the Board's process for filing exceptions.
(Source: P.A. 100-516, eff. 9-22-17.)
Section 10. The Illinois Educational Labor Relations Act
is amended by changing Sections 5 and 15 as follows:
(115 ILCS 5/5) (from Ch. 48, par. 1705)
Sec. 5. Illinois Educational Labor Relations Board.
(a) There is hereby created the Illinois Educational Labor
Relations Board.
(a-5) Until July 1, 2003 or when all of the new members to
be initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor,
whichever occurs later, the Illinois Educational Labor
Relations Board shall consist of 7 members, no more than 4 of
whom may be of the same political party, who are residents of
Illinois appointed by the Governor with the advice and consent
of the Senate.
The term of each appointed member of the Board who is in
office on June 30, 2003 shall terminate at the close of
business on that date or when all of the new members to be
initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor,
whichever occurs later.
(b) Beginning on July 1, 2003 or when all of the new
members to be initially appointed under this amendatory Act of
the 93rd General Assembly have been appointed by the Governor,
whichever occurs later, the Illinois Educational Labor
Relations Board shall consist of 5 members appointed by the
Governor with the advice and consent of the Senate. No more
than 3 members may be of the same political party.
The Governor shall appoint to the Board only persons who
are residents of Illinois and have had a minimum of 5 years of
experience directly related to labor and employment relations
in representing educational employers or educational employees
in collective bargaining matters. One appointed member shall
be designated at the time of his or her appointment to serve as
chairman.
Of the initial members appointed pursuant to this
amendatory Act of the 93rd General Assembly, 2 shall be
designated at the time of appointment to serve a term of 6
years, 2 shall be designated at the time of appointment to
serve a term of 4 years, and the other shall be designated at
the time of his or her appointment to serve a term of 4 years,
with each to serve until his or her successor is appointed and
qualified.
Each subsequent member shall be appointed in like manner
for a term of 6 years and until his or her successor is
appointed and qualified. Each member of the Board is eligible
for reappointment. Vacancies shall be filled in the same
manner as original appointments for the balance of the
unexpired term.
(c) The chairman shall be paid $50,000 per year, or an
amount set by the Compensation Review Board, whichever is
greater. Other members of the Board shall each be paid $45,000
per year, or an amount set by the Compensation Review Board,
whichever is greater. They shall be entitled to reimbursement
for necessary traveling and other official expenditures
necessitated by their official duties.
Each member shall devote his entire time to the duties of
the office, and shall hold no other office or position of
profit, nor engage in any other business, employment or
vocation.
(d) Three members of the Board constitute a quorum and a
vacancy on the Board does not impair the right of the remaining
members to exercise all of the powers of the Board.
(e) Any member of the Board may be removed by the Governor,
upon notice, for neglect of duty or malfeasance in office, but
for no other cause.
(f) The Board may appoint or employ an executive director,
attorneys, hearing officers, and such other employees as it
deems necessary to perform its functions, except that the
Board shall employ a minimum of 8 attorneys and 5
investigators. The Board shall prescribe the duties and
qualifications of such persons appointed and, subject to the
annual appropriation, fix their compensation and provide for
reimbursement of actual and necessary expenses incurred in the
performance of their duties.
(g) The Board may promulgate rules and regulations which
allow parties in proceedings before the Board to be
represented by counsel or any other person knowledgeable in
the matters under consideration.
(h) To accomplish the objectives and to carry out the
duties prescribed by this Act, the Board may subpoena
witnesses, subpoena the production of books, papers, records
and documents which may be needed as evidence on any matter
under inquiry and may administer oaths and affirmations.
In cases of neglect or refusal to obey a subpoena issued to
any person, the circuit court in the county in which the
investigation or the public hearing is taking place, upon
application by the Board, may issue an order requiring such
person to appear before the Board or any member or agent of the
Board to produce evidence or give testimony. A failure to obey
such order may be punished by the court as in civil contempt.
Any subpoena, notice of hearing, or other process or
notice of the Board issued under the provisions of this Act may
be served by one of the methods permitted in the Board's rules.
(i) The Board shall adopt, promulgate, amend, or rescind
rules and regulations in accordance with the Illinois
Administrative Procedure Act as it deems necessary and
feasible to carry out this Act.
(j) The Board at the end of every State fiscal year shall
make a report in writing to the Governor and the General
Assembly, stating in detail the work it has done to carry out
the policy of the Act in hearing and deciding cases and
otherwise. The Board's report shall include:
(1) the number of unfair labor practice charges filed
during the fiscal year;
(2) the number of unfair labor practice charges
resolved during the fiscal year;
(3) the total number of unfair labor charges pending
before the Board at the end of the fiscal year;
(4) the number of unfair labor charge cases at the end
of the fiscal year that have been pending before the Board
between 1 and 100 days, 101 and 150 days, 151 and 200 days,
201 and 250 days, 251 and 300 days, 301 and 350 days, 351
and 400 days, 401 and 450 days, 451 and 500 days, 501 and
550 days, 551 and 600 days, 601 and 650 days, 651 and 700
days, and over 701 days;
(5) the number of representation cases and unit
clarification cases filed during the fiscal year;
(6) the number of representation cases and unit
clarification cases resolved during the fiscal year;
(7) the total number of representation cases and unit
clarification cases pending before the Board at the end of
the fiscal year;
(8) the number of representation cases and unit
clarification cases at the end of the fiscal year that
have been pending before the Board between 1 and 120 days,
121 and 180 days, and over 180 days; and
(9) the Board's progress in meeting the timeliness
goals established pursuant to the criteria in Section 15
of this Act; the report shall include, but is not limited
to:
(A) the average number of days taken to complete
investigations and issue complaints, dismissals or
deferrals;
(B) the average number of days taken for the Board
to issue decisions on appeals of dismissals or
deferrals;
(C) the average number of days taken to schedule a
hearing on complaints once issued;
(D) the average number of days taken to issue a
recommended decision and order once the record is
closed;
(E) the average number of days taken for the Board
to issue final decisions on recommended decisions
where exceptions have been filed;
(F) the average number of days taken for the Board
to issue final decision on recommended decisions when
no exceptions have been filed; and
(G) in cases where the Board was unable to meet the
timeliness goals established in Section 15, an
explanation as to why the goal was not met.
(Source: P.A. 102-797, eff. 1-1-23.)