Bill Text: IL SB1211 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning unfair labor practice procedures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1211 Detail]

Download: Illinois-2017-SB1211-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1211 Introduced 2/7/2017, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED:
115 ILCS 5/15 from Ch. 48, par. 1715
Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning unfair labor practice procedures.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Educational Labor Relations Act is
amended by changing Section 15 as follows:
(115 ILCS 5/15) (from Ch. 48, par. 1715)
Sec. 15. Unfair labor practice procedure. A charge of
unfair labor practice may be filed with the the Board by an
employer, an individual or a labor organization. If the Board
after investigation finds that the charge states an issue of
law or fact, it shall issue and cause to be served upon the
party complained of a complaint which fully states the charges
and thereupon hold a hearing on the charges, giving at least 5
days' notice to the parties. At hearing, the charging party may
also present evidence in support of the charges and the party
charged may file an answer to the charges, appear in person or
by attorney, and present evidence in defense against the
charges.
The Board has 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
subpoena issued by the Board, the Board shall apply to the
circuit court for an order to compel the attendance of the

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party at the hearing to testify or produce requested documents.
If the Board finds that the party charged has committed an
unfair labor practice, it shall make findings of fact and is
empowered to issue an order requiring the party charged to stop
the unfair practice, and may take additional affirmative
action, including requiring the party to make reports from time
to time showing the extent to which he or she has complied with
the order. No order shall be issued upon an unfair practice
occurring more than 6 months before the filing of the charge
alleging the unfair labor practice. If the Board awards back
pay, it shall also award interest at the rate of 7% per annum.
If the Board finds that the party charged has not committed any
unfair labor practice, findings of fact shall be made and an
order issued dismissing the charges.
The Board may petition the circuit court of the county in
which the unfair labor practice in question occurred or where
the party charged with the unfair labor practice resides or
transacts business to enforce an order and for other relief
which may include, but is not limited to, injunctions. 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

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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.
(Source: P.A. 86-412; 87-736.)