Bill Amendment: IL HB5324 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LABOR RELATION-SCHEDULE-REPORT
Status: 2024-06-21 - Sent to the Governor [HB5324 Detail]
Download: Illinois-2023-HB5324-House_Amendment_001.html
Bill Title: LABOR RELATION-SCHEDULE-REPORT
Status: 2024-06-21 - Sent to the Governor [HB5324 Detail]
Download: Illinois-2023-HB5324-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5324 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5324 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Sections 5 and 11 as follows:
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6 | (5 ILCS 315/5) (from Ch. 48, par. 1605) | ||||||
7 | Sec. 5. Illinois Labor Relations Board; State Panel; Local | ||||||
8 | Panel. | ||||||
9 | (a) There is created the Illinois Labor Relations Board. | ||||||
10 | The Board shall be comprised of 2 panels, to be known as the | ||||||
11 | State Panel and the Local Panel. | ||||||
12 | (a-5) The State Panel shall have jurisdiction over | ||||||
13 | collective bargaining matters between employee organizations | ||||||
14 | and the State of Illinois, excluding the General Assembly of | ||||||
15 | the State of Illinois, between employee organizations and | ||||||
16 | units of local government and school districts with a |
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1 | population not in excess of 2 million persons, and between | ||||||
2 | employee organizations and the Regional Transportation | ||||||
3 | Authority. | ||||||
4 | The State Panel shall consist of 5 members appointed by | ||||||
5 | the Governor, with the advice and consent of the Senate. The | ||||||
6 | Governor shall appoint to the State Panel only persons who | ||||||
7 | have had a minimum of 5 years of experience directly related to | ||||||
8 | labor and employment relations in representing public | ||||||
9 | employers, private employers or labor organizations; or | ||||||
10 | teaching labor or employment relations; or administering | ||||||
11 | executive orders or regulations applicable to labor or | ||||||
12 | employment relations. At the time of his or her appointment, | ||||||
13 | each member of the State Panel shall be an Illinois resident. | ||||||
14 | The Governor shall designate one member to serve as the | ||||||
15 | Chairman of the State Panel and the Board. | ||||||
16 | Notwithstanding any other provision of this Section, the | ||||||
17 | term of each member of the State Panel who was appointed by the | ||||||
18 | Governor and is in office on June 30, 2003 shall terminate at | ||||||
19 | the close of business on that date or when all of the successor | ||||||
20 | members to be appointed pursuant to this amendatory Act of the | ||||||
21 | 93rd General Assembly have been appointed by the Governor, | ||||||
22 | whichever occurs later. As soon as possible, the Governor | ||||||
23 | shall appoint persons to fill the vacancies created by this | ||||||
24 | amendatory Act. | ||||||
25 | The initial appointments under this amendatory Act of the | ||||||
26 | 93rd General Assembly shall be for terms as follows: The |
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1 | Chairman shall initially be appointed for a term ending on the | ||||||
2 | 4th Monday in January, 2007; 2 members shall be initially | ||||||
3 | appointed for terms ending on the 4th Monday in January, 2006; | ||||||
4 | one member shall be initially appointed for a term ending on | ||||||
5 | the 4th Monday in January, 2005; and one member shall be | ||||||
6 | initially appointed for a term ending on the 4th Monday in | ||||||
7 | January, 2004. Each subsequent member shall be appointed for a | ||||||
8 | term of 4 years, commencing on the 4th Monday in January. Upon | ||||||
9 | expiration of the term of office of any appointive member, | ||||||
10 | that member shall continue to serve until a successor shall be | ||||||
11 | appointed and qualified. In case of a vacancy, a successor | ||||||
12 | shall be appointed to serve for the unexpired portion of the | ||||||
13 | term. If the Senate is not in session at the time the initial | ||||||
14 | appointments are made, the Governor shall make temporary | ||||||
15 | appointments in the same manner successors are appointed to | ||||||
16 | fill vacancies. A temporary appointment shall remain in effect | ||||||
17 | no longer than 20 calendar days after the commencement of the | ||||||
18 | next Senate session. | ||||||
19 | (b) The Local Panel shall have jurisdiction over | ||||||
20 | collective bargaining agreement matters between employee | ||||||
21 | organizations and units of local government with a population | ||||||
22 | in excess of 2 million persons, but excluding the Regional | ||||||
23 | Transportation Authority. | ||||||
24 | The Local Panel shall consist of one person appointed by | ||||||
25 | the Governor with the advice and consent of the Senate (or, if | ||||||
26 | no such person is appointed, the Chairman of the State Panel) |
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1 | and two additional members, one appointed by the Mayor of the | ||||||
2 | City of Chicago and one appointed by the President of the Cook | ||||||
3 | County Board of Commissioners. Appointees to the Local Panel | ||||||
4 | must have had a minimum of 5 years of experience directly | ||||||
5 | related to labor and employment relations in representing | ||||||
6 | public employers, private employers or labor organizations; or | ||||||
7 | teaching labor or employment relations; or administering | ||||||
8 | executive orders or regulations applicable to labor or | ||||||
9 | employment relations. Each member of the Local Panel shall be | ||||||
10 | an Illinois resident at the time of his or her appointment. The | ||||||
11 | member appointed by the Governor (or, if no such person is | ||||||
12 | appointed, the Chairman of the State Panel) shall serve as the | ||||||
13 | Chairman of the Local Panel. | ||||||
14 | Notwithstanding any other provision of this Section, the | ||||||
15 | term of the member of the Local Panel who was appointed by the | ||||||
16 | Governor and is in office on June 30, 2003 shall terminate at | ||||||
17 | the close of business on that date or when his or her successor | ||||||
18 | has been appointed by the Governor, whichever occurs later. As | ||||||
19 | soon as possible, the Governor shall appoint a person to fill | ||||||
20 | the vacancy created by this amendatory Act. The initial | ||||||
21 | appointment under this amendatory Act of the 93rd General | ||||||
22 | Assembly shall be for a term ending on the 4th Monday in | ||||||
23 | January, 2007. | ||||||
24 | The initial appointments under this amendatory Act of the | ||||||
25 | 91st General Assembly shall be for terms as follows: The | ||||||
26 | member appointed by the Governor shall initially be appointed |
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1 | for a term ending on the 4th Monday in January, 2001; the | ||||||
2 | member appointed by the President of the Cook County Board | ||||||
3 | shall be initially appointed for a term ending on the 4th | ||||||
4 | Monday in January, 2003; and the member appointed by the Mayor | ||||||
5 | of the City of Chicago shall be initially appointed for a term | ||||||
6 | ending on the 4th Monday in January, 2004. Each subsequent | ||||||
7 | member shall be appointed for a term of 4 years, commencing on | ||||||
8 | the 4th Monday in January. Upon expiration of the term of | ||||||
9 | office of any appointive member, the member shall continue to | ||||||
10 | serve until a successor shall be appointed and qualified. In | ||||||
11 | the case of a vacancy, a successor shall be appointed by the | ||||||
12 | applicable appointive authority to serve for the unexpired | ||||||
13 | portion of the term. | ||||||
14 | (c) Three members of the State Panel shall at all times | ||||||
15 | constitute a quorum. Two members of the Local Panel shall at | ||||||
16 | all times constitute a quorum. A vacancy on a panel does not | ||||||
17 | impair the right of the remaining members to exercise all of | ||||||
18 | the powers of that panel. Each panel shall adopt an official | ||||||
19 | seal which shall be judicially noticed. The salary of the | ||||||
20 | Chairman of the State Panel shall be $82,429 per year, or as | ||||||
21 | set by the Compensation Review Board, whichever is greater, | ||||||
22 | and that of the other members of the State and Local Panels | ||||||
23 | shall be $74,188 per year, or as set by the Compensation Review | ||||||
24 | Board, whichever is greater. | ||||||
25 | (d) Each member shall devote his or her entire time to the | ||||||
26 | duties of the office, and shall hold no other office or |
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1 | position of profit, nor engage in any other business, | ||||||
2 | employment, or vocation. No member shall hold any other public | ||||||
3 | office or be employed as a labor or management representative | ||||||
4 | by the State or any political subdivision of the State or of | ||||||
5 | any department or agency thereof, or actively represent or act | ||||||
6 | on behalf of an employer or an employee organization or an | ||||||
7 | employer in labor relations matters. Any member of the State | ||||||
8 | Panel may be removed from office by the Governor for | ||||||
9 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
10 | office, and for no other cause, and only upon notice and | ||||||
11 | hearing. Any member of the Local Panel may be removed from | ||||||
12 | office by the applicable appointive authority for | ||||||
13 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
14 | office, and for no other cause, and only upon notice and | ||||||
15 | hearing. | ||||||
16 | (e) Each panel at the end of every State fiscal year shall | ||||||
17 | make a report in writing to the Governor and the General | ||||||
18 | Assembly, stating in detail the work it has done to carry out | ||||||
19 | the policy of the Act in hearing and deciding cases and | ||||||
20 | otherwise. Each panel's report shall include: | ||||||
21 | (1) the number of unfair labor practice charges filed | ||||||
22 | during the fiscal year; | ||||||
23 | (2) the number of unfair labor practice charges | ||||||
24 | resolved during the fiscal year; | ||||||
25 | (3) the total number of unfair labor charges pending | ||||||
26 | before the Board at the end of the fiscal year; |
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1 | (4) the number of unfair labor charge cases at the end | ||||||
2 | of the fiscal year that have been pending before the Board | ||||||
3 | between 1 and 100 days, 101 and 150 days, 151 and 200 days, | ||||||
4 | 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 | ||||||
5 | and 400 days, 401 and 450 days, 451 and 500 days, 501 and | ||||||
6 | 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 | ||||||
7 | days, and over 701 days; | ||||||
8 | (5) the number of representation cases and unit | ||||||
9 | clarification cases filed during the fiscal year; | ||||||
10 | (6) the number of representation cases and unit | ||||||
11 | clarification cases resolved during the fiscal year; | ||||||
12 | (7) the total number of representation cases and unit | ||||||
13 | clarification cases pending before the Board at the end of | ||||||
14 | the fiscal year; | ||||||
15 | (8) the number of representation cases and unit | ||||||
16 | clarification cases at the end of the fiscal year that | ||||||
17 | have been pending before the Board between 1 and 120 days, | ||||||
18 | 121 and 180 days, and over 180 days; and | ||||||
19 | (9) the Board's progress in meeting the timeliness | ||||||
20 | goals established pursuant to the criteria in subsection | ||||||
21 | (j) of Section 11 of this Act; the report shall include, | ||||||
22 | but is not limited to: | ||||||
23 | (A) the average number of days taken to complete | ||||||
24 | investigations and issue complaints, dismissals, or | ||||||
25 | deferrals; | ||||||
26 | (B) the average number of days taken for the Board |
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1 | to issue decisions on appeals of dismissals or | ||||||
2 | deferrals; | ||||||
3 | (C) the average number of days taken to schedule a | ||||||
4 | hearing on complaints once issued; | ||||||
5 | (D) the average number of days taken to issue a | ||||||
6 | recommended decision and order once the record is | ||||||
7 | closed; | ||||||
8 | (E) the average number of days taken for the Board | ||||||
9 | to issue final decisions on recommended decisions | ||||||
10 | where exceptions have been filed; | ||||||
11 | (F) the average number of days taken for the Board | ||||||
12 | to issue final decision on recommended decisions when | ||||||
13 | no exceptions have been filed; and | ||||||
14 | (G) in cases where the Board was unable to meet the | ||||||
15 | timeliness goals established in subsection (j) of | ||||||
16 | Section 11, an explanation as to why the goal was not | ||||||
17 | met. | ||||||
18 | (f) In order to accomplish the objectives and carry out | ||||||
19 | the duties prescribed by this Act, a panel or its authorized | ||||||
20 | designees may hold elections to determine whether a labor | ||||||
21 | organization has majority status; investigate and attempt to | ||||||
22 | resolve or settle charges of unfair labor practices; hold | ||||||
23 | hearings in order to carry out its functions; develop and | ||||||
24 | effectuate appropriate impasse resolution procedures for | ||||||
25 | purposes of resolving labor disputes; require the appearance | ||||||
26 | of witnesses and the production of evidence on any matter |
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1 | under inquiry; and administer oaths and affirmations. The | ||||||
2 | panels shall sign and report in full an opinion in every case | ||||||
3 | which they decide. | ||||||
4 | (g) Each panel may appoint or employ an executive | ||||||
5 | director, attorneys, hearing officers, mediators, | ||||||
6 | fact-finders, arbitrators, and such other employees as it may | ||||||
7 | deem necessary to perform its functions. The governing boards | ||||||
8 | shall prescribe the duties and qualifications of such persons | ||||||
9 | appointed and, subject to the annual appropriation, fix their | ||||||
10 | compensation and provide for reimbursement of actual and | ||||||
11 | necessary expenses incurred in the performance of their | ||||||
12 | duties. The Board shall employ a minimum of 16 attorneys and 6 | ||||||
13 | investigators. | ||||||
14 | (h) Each panel shall exercise general supervision over all | ||||||
15 | attorneys which it employs and over the other persons employed | ||||||
16 | to provide necessary support services for such attorneys. The | ||||||
17 | panels shall have final authority in respect to complaints | ||||||
18 | brought pursuant to this Act. | ||||||
19 | (i) The following rules and regulations shall be adopted | ||||||
20 | by the panels meeting in joint session: (1) procedural rules | ||||||
21 | and regulations which shall govern all Board proceedings; (2) | ||||||
22 | procedures for election of exclusive bargaining | ||||||
23 | representatives pursuant to Section 9, except for the | ||||||
24 | determination of appropriate bargaining units; and (3) | ||||||
25 | appointment of counsel pursuant to subsection (k) of this | ||||||
26 | Section. |
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1 | (j) Rules and regulations may be adopted, amended or | ||||||
2 | rescinded only upon a vote of 5 of the members of the State and | ||||||
3 | Local Panels meeting in joint session. The adoption, amendment | ||||||
4 | or rescission of rules and regulations shall be in conformity | ||||||
5 | with the requirements of the Illinois Administrative Procedure | ||||||
6 | Act. | ||||||
7 | (k) The panels in joint session shall promulgate rules and | ||||||
8 | regulations providing for the appointment of attorneys or | ||||||
9 | other Board representatives to represent persons in unfair | ||||||
10 | labor practice proceedings before a panel. The regulations | ||||||
11 | governing appointment shall require the applicant to | ||||||
12 | demonstrate an inability to pay for or inability to otherwise | ||||||
13 | provide for adequate representation before a panel. Such rules | ||||||
14 | must also provide: (1) that an attorney may not be appointed in | ||||||
15 | cases which, in the opinion of a panel, are clearly without | ||||||
16 | merit; (2) the stage of the unfair labor proceeding at which | ||||||
17 | counsel will be appointed; and (3) the circumstances under | ||||||
18 | which a client will be allowed to select counsel. | ||||||
19 | (1) The panels in joint session may promulgate rules and | ||||||
20 | regulations which allow parties in proceedings before a panel | ||||||
21 | to be represented by counsel or any other representative of | ||||||
22 | the party's choice. | ||||||
23 | (m) The Chairman of the State Panel shall serve as | ||||||
24 | Chairman of a joint session of the panels. Attendance of at | ||||||
25 | least 2 members of the State Panel and at least one member of | ||||||
26 | the Local Panel, in addition to the Chairman, shall constitute |
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1 | a quorum at a joint session. The panels shall meet in joint | ||||||
2 | session at least annually. | ||||||
3 | (Source: P.A. 96-813, eff. 10-30-09.)
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4 | (5 ILCS 315/11) (from Ch. 48, par. 1611) | ||||||
5 | Sec. 11. Unfair labor practice procedures. Unfair labor | ||||||
6 | practices may be dealt with by the Board in the following | ||||||
7 | manner: | ||||||
8 | (a) Whenever it is charged that any person has engaged in | ||||||
9 | or is engaging in any unfair labor practice, the Board or any | ||||||
10 | agent designated by the Board for such purposes, shall conduct | ||||||
11 | an investigation of the charge. If after such investigation | ||||||
12 | the Board finds that the charge involves a dispositive issue | ||||||
13 | of law or fact the Board shall issue a complaint and cause to | ||||||
14 | be served upon the person a complaint stating the charges, | ||||||
15 | accompanied by a notice of hearing before the Board or a member | ||||||
16 | thereof designated by the Board, or before a qualified hearing | ||||||
17 | officer designated by the Board at the offices of the Board or | ||||||
18 | such other location as the Board deems appropriate, not less | ||||||
19 | than 5 days after serving of such complaint provided that no | ||||||
20 | complaint shall issue based upon any unfair labor practice | ||||||
21 | occurring more than six months prior to the filing of a charge | ||||||
22 | with the Board and the service of a copy thereof upon the | ||||||
23 | person against whom the charge is made, unless the person | ||||||
24 | aggrieved thereby did not reasonably have knowledge of the | ||||||
25 | alleged unfair labor practice or was prevented from filing |
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1 | such a charge by reason of service in the armed forces, in | ||||||
2 | which event the six month period shall be computed from the | ||||||
3 | date of his discharge. Any such complaint may be amended by the | ||||||
4 | member or hearing officer conducting the hearing for the Board | ||||||
5 | in his discretion at any time prior to the issuance of an order | ||||||
6 | based thereon. The person who is the subject of the complaint | ||||||
7 | has the right to file an answer to the original or amended | ||||||
8 | complaint and to appear in person or by a representative and | ||||||
9 | give testimony at the place and time fixed in the complaint. In | ||||||
10 | the discretion of the member or hearing officer conducting the | ||||||
11 | hearing or the Board, any other person may be allowed to | ||||||
12 | intervene in the proceeding and to present testimony. In any | ||||||
13 | hearing conducted by the Board, neither the Board nor the | ||||||
14 | member or agent conducting the hearing shall be bound by the | ||||||
15 | rules of evidence applicable to courts, except as to the rules | ||||||
16 | of privilege recognized by law. | ||||||
17 | (b) The Board shall have the power to issue subpoenas and | ||||||
18 | administer oaths. If any party wilfully fails or neglects to | ||||||
19 | appear or testify or to produce books, papers and records | ||||||
20 | pursuant to the issuance of a subpoena by the Board, the Board | ||||||
21 | may apply to a court of competent jurisdiction to request that | ||||||
22 | such party be ordered to appear before the Board to testify or | ||||||
23 | produce the requested evidence. | ||||||
24 | (c) Any testimony taken by the Board, or a member | ||||||
25 | designated by the Board or a hearing officer thereof, must be | ||||||
26 | reduced to writing and filed with the Board. A full and |
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1 | complete record shall be kept of all proceedings before the | ||||||
2 | Board, and all proceedings shall be transcribed by a reporter | ||||||
3 | appointed by the Board. The party on whom the burden of proof | ||||||
4 | rests shall be required to sustain such burden by a | ||||||
5 | preponderance of the evidence. If, upon a preponderance of the | ||||||
6 | evidence taken, the Board is of the opinion that any person | ||||||
7 | named in the charge has engaged in or is engaging in an unfair | ||||||
8 | labor practice, then it shall state its findings of fact and | ||||||
9 | shall issue and cause to be served upon the person an order | ||||||
10 | requiring him to cease and desist from the unfair labor | ||||||
11 | practice, and to take such affirmative action, including | ||||||
12 | reinstatement of public employees with or without back pay, as | ||||||
13 | will effectuate the policies of this Act. If the Board awards | ||||||
14 | back pay, it shall also award interest at the rate of 7% per | ||||||
15 | annum. The Board's order may further require the person to | ||||||
16 | make reports from time to time, and demonstrate the extent to | ||||||
17 | which he has complied with the order. If there is no | ||||||
18 | preponderance of evidence to indicate to the Board that the | ||||||
19 | person named in the charge has engaged in or is engaging in the | ||||||
20 | unfair labor practice, then the Board shall state its findings | ||||||
21 | of fact and shall issue an order dismissing the complaint. The | ||||||
22 | Board's order may in its discretion also include an | ||||||
23 | appropriate sanction, based on the Board's rules and | ||||||
24 | regulations, and the sanction may include an order to pay the | ||||||
25 | other party or parties' reasonable expenses including costs | ||||||
26 | and reasonable attorney's fee, if the other party has made |
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1 | allegations or denials without reasonable cause and found to | ||||||
2 | be untrue or has engaged in frivolous litigation for the | ||||||
3 | purpose of delay or needless increase in the cost of | ||||||
4 | litigation; the State of Illinois or any agency thereof shall | ||||||
5 | be subject to the provisions of this sentence in the same | ||||||
6 | manner as any other party. | ||||||
7 | (d) Until the record in a case has been filed in court, the | ||||||
8 | Board at any time, upon reasonable notice and in such manner as | ||||||
9 | it deems proper, may modify or set aside, in whole or in part, | ||||||
10 | any finding or order made or issued by it. | ||||||
11 | (e) A charging party or any person aggrieved by a final | ||||||
12 | order of the Board granting or denying in whole or in part the | ||||||
13 | relief sought may apply for and obtain judicial review of an | ||||||
14 | order of the Board entered under this Act, in accordance with | ||||||
15 | the provisions of the Administrative Review Law, as now or | ||||||
16 | hereafter amended, except that such judicial review shall be | ||||||
17 | afforded directly in the appellate court for the district in | ||||||
18 | which the aggrieved party resides or transacts business, and | ||||||
19 | provided, that such judicial review shall not be available for | ||||||
20 | the purpose of challenging a final order issued by the Board | ||||||
21 | pursuant to Section 9 of this Act for which judicial review has | ||||||
22 | been petitioned pursuant to subsection (i) of Section 9. Any | ||||||
23 | direct appeal to the Appellate Court shall be filed within 35 | ||||||
24 | days from the date that a copy of the decision sought to be | ||||||
25 | reviewed was served upon the party affected by the decision. | ||||||
26 | The filing of such an appeal to the Appellate Court shall not |
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1 | automatically stay the enforcement of the Board's order. An | ||||||
2 | aggrieved party may apply to the Appellate Court for a stay of | ||||||
3 | the enforcement of the Board's order after the aggrieved party | ||||||
4 | has followed the procedure prescribed by Supreme Court Rule | ||||||
5 | 335. The Board in proceedings under this Section may obtain an | ||||||
6 | order of the court for the enforcement of its order. | ||||||
7 | (f) Whenever it appears that any person has violated a | ||||||
8 | final order of the Board issued pursuant to this Section, the | ||||||
9 | Board must commence an action in the name of the People of the | ||||||
10 | State of Illinois by petition, alleging the violation, | ||||||
11 | attaching a copy of the order of the Board, and praying for the | ||||||
12 | issuance of an order directing the person, his officers, | ||||||
13 | agents, servants, successors, and assigns to comply with the | ||||||
14 | order of the Board. The Board shall be represented in this | ||||||
15 | action by the Attorney General in accordance with the Attorney | ||||||
16 | General Act. The court may grant or refuse, in whole or in | ||||||
17 | part, the relief sought, provided that the court may stay an | ||||||
18 | order of the Board in accordance with the Administrative | ||||||
19 | Review Law, pending disposition of the proceedings. The court | ||||||
20 | may punish a violation of its order as in civil contempt. | ||||||
21 | (g) The proceedings provided in paragraph (f) of this | ||||||
22 | Section shall be commenced in the Appellate Court for the | ||||||
23 | district where the unfair labor practice which is the subject | ||||||
24 | of the Board's order was committed, or where a person required | ||||||
25 | to cease and desist by such order resides or transacts | ||||||
26 | business. |
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1 | (h) The Board through the Attorney General, shall have | ||||||
2 | power, upon issuance of an unfair labor practice complaint | ||||||
3 | alleging that a person has engaged in or is engaging in an | ||||||
4 | unfair labor practice, to petition the circuit court where the | ||||||
5 | alleged unfair labor practice which is the subject of the | ||||||
6 | Board's complaint was allegedly committed, or where a person | ||||||
7 | required to cease and desist from such alleged unfair labor | ||||||
8 | practice resides or transacts business, for appropriate | ||||||
9 | temporary relief or restraining order. Upon the filing of any | ||||||
10 | such petition, the court shall cause notice thereof to be | ||||||
11 | served upon such persons, and thereupon shall have | ||||||
12 | jurisdiction to grant to the Board such temporary relief or | ||||||
13 | restraining order as it deems just and proper. | ||||||
14 | (i) If an unfair labor practice charge involves the | ||||||
15 | interpretation or application of a collective bargaining | ||||||
16 | agreement and said agreement contains a grievance procedure | ||||||
17 | with binding arbitration as its terminal step, the Board may | ||||||
18 | defer the resolution of such dispute to the grievance and | ||||||
19 | arbitration procedure contained in said agreement. | ||||||
20 | (j) To effectuate this Act's policy, the Board shall adopt | ||||||
21 | goals (i) to ensure effective enforcement of this Act through | ||||||
22 | timely and quality consideration and resolution of unfair | ||||||
23 | labor practices with appropriate remedies and (ii) to protect | ||||||
24 | employee free choice with timely and effective mechanisms to | ||||||
25 | resolve questions concerning representation. To measure and | ||||||
26 | report on its success in achieving these goals, the Board |
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1 | shall also adopt the following timeliness goals for the | ||||||
2 | processing of unfair labor practice charges filed under | ||||||
3 | Section 10: | ||||||
4 | (1) Complete the investigation and issue a complaint, | ||||||
5 | dismissal, or deferral within 100 days of the charges | ||||||
6 | being filed. If the dismissal or deferral is appealed to | ||||||
7 | the Board, issue Board decisions within 90 days of the | ||||||
8 | completion of the Board's process for filing appeals. | ||||||
9 | (2) Upon the issuance of complaints for hearing: (i) | ||||||
10 | schedule hearings to begin within 60 days of a complaint's | ||||||
11 | issuance; (ii) issue recommended decisions and orders | ||||||
12 | within 120 days of the close of the record; and (iii) if | ||||||
13 | exceptions to recommended decisions and orders are filed, | ||||||
14 | issue Board decisions within 90 days of the completion of | ||||||
15 | the Board's process for filing exceptions. | ||||||
16 | (Source: P.A. 100-516, eff. 9-22-17.)
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17 | Section 10. The Illinois Educational Labor Relations Act | ||||||
18 | is amended by changing Sections 5 and 15 as follows:
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19 | (115 ILCS 5/5) (from Ch. 48, par. 1705) | ||||||
20 | Sec. 5. Illinois Educational Labor Relations Board. | ||||||
21 | (a) There is hereby created the Illinois Educational Labor | ||||||
22 | Relations Board. | ||||||
23 | (a-5) Until July 1, 2003 or when all of the new members to | ||||||
24 | be initially appointed under this amendatory Act of the 93rd |
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1 | General Assembly have been appointed by the Governor, | ||||||
2 | whichever occurs later, the Illinois Educational Labor | ||||||
3 | Relations Board shall consist of 7 members, no more than 4 of | ||||||
4 | whom may be of the same political party, who are residents of | ||||||
5 | Illinois appointed by the Governor with the advice and consent | ||||||
6 | of the Senate. | ||||||
7 | The term of each appointed member of the Board who is in | ||||||
8 | office on June 30, 2003 shall terminate at the close of | ||||||
9 | business on that date or when all of the new members to be | ||||||
10 | initially appointed under this amendatory Act of the 93rd | ||||||
11 | General Assembly have been appointed by the Governor, | ||||||
12 | whichever occurs later. | ||||||
13 | (b) Beginning on July 1, 2003 or when all of the new | ||||||
14 | members to be initially appointed under this amendatory Act of | ||||||
15 | the 93rd General Assembly have been appointed by the Governor, | ||||||
16 | whichever occurs later, the Illinois Educational Labor | ||||||
17 | Relations Board shall consist of 5 members appointed by the | ||||||
18 | Governor with the advice and consent of the Senate. No more | ||||||
19 | than 3 members may be of the same political party. | ||||||
20 | The Governor shall appoint to the Board only persons who | ||||||
21 | are residents of Illinois and have had a minimum of 5 years of | ||||||
22 | experience directly related to labor and employment relations | ||||||
23 | in representing educational employers or educational employees | ||||||
24 | in collective bargaining matters. One appointed member shall | ||||||
25 | be designated at the time of his or her appointment to serve as | ||||||
26 | chairman. |
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1 | Of the initial members appointed pursuant to this | ||||||
2 | amendatory Act of the 93rd General Assembly, 2 shall be | ||||||
3 | designated at the time of appointment to serve a term of 6 | ||||||
4 | years, 2 shall be designated at the time of appointment to | ||||||
5 | serve a term of 4 years, and the other shall be designated at | ||||||
6 | the time of his or her appointment to serve a term of 4 years, | ||||||
7 | with each to serve until his or her successor is appointed and | ||||||
8 | qualified. | ||||||
9 | Each subsequent member shall be appointed in like manner | ||||||
10 | for a term of 6 years and until his or her successor is | ||||||
11 | appointed and qualified. Each member of the Board is eligible | ||||||
12 | for reappointment. Vacancies shall be filled in the same | ||||||
13 | manner as original appointments for the balance of the | ||||||
14 | unexpired term. | ||||||
15 | (c) The chairman shall be paid $50,000 per year, or an | ||||||
16 | amount set by the Compensation Review Board, whichever is | ||||||
17 | greater. Other members of the Board shall each be paid $45,000 | ||||||
18 | per year, or an amount set by the Compensation Review Board, | ||||||
19 | whichever is greater. They shall be entitled to reimbursement | ||||||
20 | for necessary traveling and other official expenditures | ||||||
21 | necessitated by their official duties. | ||||||
22 | Each member shall devote his entire time to the duties of | ||||||
23 | the office, and shall hold no other office or position of | ||||||
24 | profit, nor engage in any other business, employment or | ||||||
25 | vocation. | ||||||
26 | (d) Three members of the Board constitute a quorum and a |
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1 | vacancy on the Board does not impair the right of the remaining | ||||||
2 | members to exercise all of the powers of the Board. | ||||||
3 | (e) Any member of the Board may be removed by the Governor, | ||||||
4 | upon notice, for neglect of duty or malfeasance in office, but | ||||||
5 | for no other cause. | ||||||
6 | (f) The Board may appoint or employ an executive director, | ||||||
7 | attorneys, hearing officers, and such other employees as it | ||||||
8 | deems necessary to perform its functions, except that the | ||||||
9 | Board shall employ a minimum of 8 attorneys and 5 | ||||||
10 | investigators. The Board shall prescribe the duties and | ||||||
11 | qualifications of such persons appointed and, subject to the | ||||||
12 | annual appropriation, fix their compensation and provide for | ||||||
13 | reimbursement of actual and necessary expenses incurred in the | ||||||
14 | performance of their duties. | ||||||
15 | (g) The Board may promulgate rules and regulations which | ||||||
16 | allow parties in proceedings before the Board to be | ||||||
17 | represented by counsel or any other person knowledgeable in | ||||||
18 | the matters under consideration. | ||||||
19 | (h) To accomplish the objectives and to carry out the | ||||||
20 | duties prescribed by this Act, the Board may subpoena | ||||||
21 | witnesses, subpoena the production of books, papers, records | ||||||
22 | and documents which may be needed as evidence on any matter | ||||||
23 | under inquiry and may administer oaths and affirmations. | ||||||
24 | In cases of neglect or refusal to obey a subpoena issued to | ||||||
25 | any person, the circuit court in the county in which the | ||||||
26 | investigation or the public hearing is taking place, upon |
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1 | application by the Board, may issue an order requiring such | ||||||
2 | person to appear before the Board or any member or agent of the | ||||||
3 | Board to produce evidence or give testimony. A failure to obey | ||||||
4 | such order may be punished by the court as in civil contempt. | ||||||
5 | Any subpoena, notice of hearing, or other process or | ||||||
6 | notice of the Board issued under the provisions of this Act may | ||||||
7 | be served by one of the methods permitted in the Board's rules. | ||||||
8 | (i) The Board shall adopt, promulgate, amend, or rescind | ||||||
9 | rules and regulations in accordance with the Illinois | ||||||
10 | Administrative Procedure Act as it deems necessary and | ||||||
11 | feasible to carry out this Act. | ||||||
12 | (j) The Board at the end of every State fiscal year shall | ||||||
13 | make a report in writing to the Governor and the General | ||||||
14 | Assembly, stating in detail the work it has done to carry out | ||||||
15 | the policy of the Act in hearing and deciding cases and | ||||||
16 | otherwise. The Board's report shall include: | ||||||
17 | (1) the number of unfair labor practice charges filed | ||||||
18 | during the fiscal year; | ||||||
19 | (2) the number of unfair labor practice charges | ||||||
20 | resolved during the fiscal year; | ||||||
21 | (3) the total number of unfair labor charges pending | ||||||
22 | before the Board at the end of the fiscal year; | ||||||
23 | (4) the number of unfair labor charge cases at the end | ||||||
24 | of the fiscal year that have been pending before the Board | ||||||
25 | between 1 and 100 days, 101 and 150 days, 151 and 200 days, | ||||||
26 | 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 |
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1 | and 400 days, 401 and 450 days, 451 and 500 days, 501 and | ||||||
2 | 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 | ||||||
3 | days, and over 701 days; | ||||||
4 | (5) the number of representation cases and unit | ||||||
5 | clarification cases filed during the fiscal year; | ||||||
6 | (6) the number of representation cases and unit | ||||||
7 | clarification cases resolved during the fiscal year; | ||||||
8 | (7) the total number of representation cases and unit | ||||||
9 | clarification cases pending before the Board at the end of | ||||||
10 | the fiscal year; | ||||||
11 | (8) the number of representation cases and unit | ||||||
12 | clarification cases at the end of the fiscal year that | ||||||
13 | have been pending before the Board between 1 and 120 days, | ||||||
14 | 121 and 180 days, and over 180 days; and | ||||||
15 | (9) the Board's progress in meeting the timeliness | ||||||
16 | goals established pursuant to the criteria in Section 15 | ||||||
17 | of this Act; the report shall include, but is not limited | ||||||
18 | to: | ||||||
19 | (A) the average number of days taken to complete | ||||||
20 | investigations and issue complaints, dismissals or | ||||||
21 | deferrals; | ||||||
22 | (B) the average number of days taken for the Board | ||||||
23 | to issue decisions on appeals of dismissals or | ||||||
24 | deferrals; | ||||||
25 | (C) the average number of days taken to schedule a | ||||||
26 | hearing on complaints once issued; |
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1 | (D) the average number of days taken to issue a | ||||||
2 | recommended decision and order once the record is | ||||||
3 | closed; | ||||||
4 | (E) the average number of days taken for the Board | ||||||
5 | to issue final decisions on recommended decisions | ||||||
6 | where exceptions have been filed; | ||||||
7 | (F) the average number of days taken for the Board | ||||||
8 | to issue final decision on recommended decisions when | ||||||
9 | no exceptions have been filed; and | ||||||
10 | (G) in cases where the Board was unable to meet the | ||||||
11 | timeliness goals established in Section 15, an | ||||||
12 | explanation as to why the goal was not met. | ||||||
13 | (Source: P.A. 102-797, eff. 1-1-23 .)
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14 | (115 ILCS 5/15) (from Ch. 48, par. 1715) | ||||||
15 | Sec. 15. Unfair labor practice procedure. A charge of | ||||||
16 | unfair labor practice may be filed with the Board by an | ||||||
17 | employer, an individual or a labor organization. If the Board | ||||||
18 | after investigation finds that the charge states an issue of | ||||||
19 | law or fact, it shall issue and cause to be served upon the | ||||||
20 | party complained of a complaint which fully states the charges | ||||||
21 | and thereupon hold a hearing on the charges, giving at least 5 | ||||||
22 | days' notice to the parties. At hearing, the charging party | ||||||
23 | may also present evidence in support of the charges and the | ||||||
24 | party charged may file an answer to the charges, appear in | ||||||
25 | person or by attorney, and present evidence in defense against |
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1 | the charges. | ||||||
2 | The Board has the power to issue subpoenas and administer | ||||||
3 | oaths. If any party wilfully fails or neglects to appear or | ||||||
4 | testify or to produce books, papers and records pursuant to | ||||||
5 | subpoena issued by the Board, the Board shall apply to the | ||||||
6 | circuit court for an order to compel the attendance of the | ||||||
7 | party at the hearing to testify or produce requested | ||||||
8 | documents. | ||||||
9 | If the Board finds that the party charged has committed an | ||||||
10 | unfair labor practice, it shall make findings of fact and is | ||||||
11 | empowered to issue an order requiring the party charged to | ||||||
12 | stop the unfair practice, and may take additional affirmative | ||||||
13 | action, including requiring the party to make reports from | ||||||
14 | time to time showing the extent to which he or she has complied | ||||||
15 | with the order. No order shall be issued upon an unfair | ||||||
16 | practice occurring more than 6 months before the filing of the | ||||||
17 | charge alleging the unfair labor practice. If the Board awards | ||||||
18 | back pay, it shall also award interest at the rate of 7% per | ||||||
19 | annum. If the Board finds that the party charged has not | ||||||
20 | committed any unfair labor practice, findings of fact shall be | ||||||
21 | made and an order issued dismissing the charges. | ||||||
22 | The Board may petition the circuit court of the county in | ||||||
23 | which the unfair labor practice in question occurred or where | ||||||
24 | the party charged with the unfair labor practice resides or | ||||||
25 | transacts business to enforce an order and for other relief | ||||||
26 | which may include, but is not limited to, injunctions. The |
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1 | Board's order may in its discretion also include an | ||||||
2 | appropriate sanction, based on the Board's rules and | ||||||
3 | regulations, and the sanction may include an order to pay the | ||||||
4 | other party or parties' reasonable expenses including costs | ||||||
5 | and reasonable attorney's fee, if the other party has made | ||||||
6 | allegations or denials without reasonable cause and found to | ||||||
7 | be untrue or has engaged in frivolous litigation for the | ||||||
8 | purpose of delay or needless increase in the cost of | ||||||
9 | litigation; the State of Illinois or any agency thereof shall | ||||||
10 | be subject to the provisions of this sentence in the same | ||||||
11 | manner as any other party. | ||||||
12 | To effectuate this Act's policy, the Board shall adopt | ||||||
13 | goals (i) to ensure effective enforcement of this Act through | ||||||
14 | timely and quality consideration and resolution of unfair | ||||||
15 | labor practices with appropriate remedies and (ii) to protect | ||||||
16 | employee free choice with timely and effective mechanisms to | ||||||
17 | resolve questions concerning representation. To measure and | ||||||
18 | report on its success in achieving these goals, the Board | ||||||
19 | shall also adopt the following timeliness goals for the | ||||||
20 | processing of unfair labor practice charges filed under | ||||||
21 | Section 14: | ||||||
22 | (1) Complete the investigation and issue a complaint, | ||||||
23 | dismissal, or deferral within 100 days of the charges | ||||||
24 | being filed. If the dismissal or deferral is appealed to | ||||||
25 | the Board, issue Board decisions within 90 days of the | ||||||
26 | completion of the Board's process for filing appeals. |
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