Section 1220.10  General Statement of Purpose

 

The regulations contained in this Part detail the procedures for initiating, processing and resolving charges that an employer or a labor organization has committed, or is committing, an unfair labor practice in violation of Sections 10(a) and 10(b) of the Illinois Public Labor Relations Act (Act)  [5 ILCS 315].

 

(Source:  Amended at 27 Ill. Reg. 7436, effective May 1, 2003)

 

Section 1220.20  Filing of a Charge

 

a)         An unfair labor practice charge may be filed with the Board by an employer, a labor organization, or an employee.

 

b)         Unfair labor practice charges shall be on a form developed by the Board, shall be signed by the charging party, and shall contain:

 

1)         the name, address, telephone number and affiliation, if any, of the charging party;

 

2)         the name, address, telephone number and affiliation, if any, of the respondent;

 

3)         the name, address and telephone number of the charging party's representative;

 

4)         a clear and complete statement of facts supporting the alleged unfair labor practice, including dates, times and places of occurrence of each particular act alleged, and the Sections of the Act alleged to have been violated;

 

5)         a statement as to whether a grievance concerning the same, similar or related issue as the charge is pending; and

 

6)         a statement of the relief sought, provided that the statement shall not limit the Board's ability to award relief based on the record.

 

c)         The charging party shall serve a copy of the charge upon the respondent. Service may be made personally, or by registered mail, certified mail, regular mail, or private delivery service.  With the permission of the person receiving the charge, service may be made by fax transmission, by email, or by any other agreed-upon method.  The Board shall serve a courtesy copy of the charge upon the respondent, but timely service of a copy of the charge within the meaning of Section 11(a) of the Act is the exclusive responsibility of the charging party and not of the Board.

 

d)         Unfair labor practice charges must be filed with the Board and served on the respondent no later than 6 months after the alleged unfair labor practice occurred.

 

e)         Before the Executive Director issues a complaint for hearing or dismissal, the charging party may amend its unfair labor practice charge.  Filing, service, and proof of service of an amended charge shall be made in accordance with 80 Ill. Adm. Code 1200.20.

 

f)         The charging party may withdraw an unfair labor practice charge.  If the charge is pending at the investigative or hearing stage, the charging party may write a letter to the Executive Director, requesting that the charge be withdrawn.  Upon receipt of the request, the Executive Director will grant or deny the request for withdrawal of the charge.  If the charge is pending before the Board, the charging party may write a letter to the General Counsel requesting the charge be withdrawn.  Upon receipt of the request, the General Counsel will grant or deny the request for withdrawal of the charge.

 

(Source:  Amended at 44 Ill. Reg. 17701, effective October 26, 2020)

 

Section 1220.30  Appointment of Counsel (Renumbered)

 

(Source:  Renumbered to Section 1220.105 at 27 Ill. Reg. 7436, effective May 1, 2003)

 

Section 1220.40  Charge Processing and Investigation, Complaints and Responses

 

a)         The Board or its agent shall investigate the charge.  The investigation may include an investigatory conference with the parties.

 

1)         The charging party shall submit to the Board or its agent all evidence relevant to or in support of the charge.  The evidence may include documents and affidavits. If the charging party does not comply with the agent's requests for information and documents, the agent may recommend dismissal of the charge.

 

2)         Upon request by the Board or its agent, the respondent may submit a complete account of the facts, a statement of its position in respect to the allegations set forth in the charge and all relevant evidence in support of its position.  The evidence may include documents and affidavits.

 

3)         If the investigation reveals that the charge involves an issue of law or fact [5 ILCS 315/11(a)] sufficient to warrant a hearing, the Board or the Executive Director shall issue a complaint for hearing.  The complaint shall state the issues that warrant a hearing and shall be served on the respondent and the charging party.

 

4)         If the charge does not state a claim on its face or if the investigation reveals that there is no issue of law or fact sufficient to warrant a hearing, the Executive Director shall dismiss the charge.  The charging party may appeal the dismissal in accordance with 80 Ill. Adm. Code 1200.135.

 

b)          Whenever the Executive Director issues a complaint for hearing, the respondent shall file an answer within 15 days after service of the complaint and deliver a copy to the charging party by ordinary mail to the address set forth in the complaint.  Answers shall be filed with the Board with attention to the designated Administrative Law Judge.

 

1)         The answer shall include a specific admission, denial or explanation of each allegation or issue of the complaint or, if the respondent is without knowledge thereof, it shall so state and such statement shall operate as a denial.  Admissions or denials may be made to all or part of an allegation but shall fairly meet the circumstances of the allegation.

 

2)         The answer shall also include a specific, detailed statement of any affirmative defenses.

 

3)         Parties who fail to file timely answers shall be deemed to have admitted the material facts and legal conclusions alleged in the complaint. The failure to answer any allegation shall be deemed an admission of that allegation.  Failure to file an answer shall be cause for the termination of the proceeding and the entry of an order of default.  Filing of a motion will not stay the time for filing an answer.

 

4)         Leave to file a late answer shall only be granted by the Administrative Law Judge if the late filing is due to extraordinary circumstances, which will include, among other things:  fraud, act or concealment of the opposing party, or other grounds traditionally relied upon for equitable relief from judgments.

 

(Source:  Amended at 27 Ill. Reg. 7436, effective May 1, 2003)

 

Section 1220.50  Hearings

 

a)         Upon the issuance of a complaint for hearing, the Board shall set the matter for hearing before an Administrative Law Judge.  The hearing shall be set not less than 5 days after serving of such complaint.  (Section 11(a) of the Act)

 

b)         Interested persons who wish to intervene in the hearing shall direct such requests to the Administrative Law Judge.  Motions shall be made in accordance with 80 Ill. Adm. Code 1200.45.  The request shall be in writing and shall state the grounds for intervention.  The Administrative Law Judge shall have discretion to grant or deny the request for intervention.  The decision shall be based upon the interests of the intervenor, whether those interests will be adequately protected by existing parties, and the timeliness of the intervenor's request.

 

c)         Pursuant to 80 Ill. Adm. Code 1200.40, the Administrative Law Judge may schedule a pre-hearing conference when it appears that such a conference would expedite the procedure.

 

d)         Intermediate rulings of the Administrative Law Judge shall not be subject to interlocutory appeal.  Parties may raise objections to intermediate rulings in their exceptions to the Administrative Law Judge's recommended decision.

 

e)         The charging party shall present its case in support of the charge. The charging party shall have the burden of proving the allegations of its unfair labor practice charge. The respondent may present evidence in support of its defense.

 

f)         The Administrative Law Judge, on the judge's own motion or on the motion of a party, may amend a complaint to conform to the evidence presented in the hearing or to include uncharged allegations at any time prior to the issuance of the Judge's recommended decision and order.

 

g)         The Administrative Law Judge shall inquire fully into all matters in dispute, and shall obtain a full and complete record either by evidentiary hearing and/or stipulation.  After the close of the hearing, the Administrative Law Judge shall file and serve on the parties a recommended decision.

 

h)         If the charging party fails to appear at the hearing after proper service of notice, the Administrative Law Judge shall dismiss for want of prosecution.  If the respondent fails to appear, the Administrative Law Judge shall proceed in the absence of the respondent and issue a recommended decision and order.

 

i)          All exceptions, cross-exceptions, responses and cross-responses to the Administrative Law Judge's recommended decision and order shall be filed and served in accordance with 80 Ill. Adm. Code 1200.135.

 

(Source:  Amended at 27 Ill. Reg. 7436, effective May 1, 2003)

 

Section 1220.60  Consideration by the Board (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 7436, effective May 1, 2003)

 

Section 1220.65  Deferral to Arbitration

 

a)         The Board may, on its own motion or the motion of a party, defer the resolution of an unfair labor practice charge to the grievance arbitration procedure contained in a collective bargaining agreement.

 

b)         A party may file a motion to defer the resolution of an unfair labor practice charge:

 

1)         at any time during the investigation prior to the issuance of a complaint for hearing, dismissal, or deferral order.  The motion shall be made in writing to the Board agent investigating the unfair labor practice charge and shall be served in accordance with 80 Ill. Adm. Code 1200.20; and

 

2)         within 25 days after the issuance of a complaint for hearing.  The motion shall be made in writing to the Administrative Law Judge assigned to the case and shall be served in accordance with 80 Ill. Adm. Code 1200.20.

 

c)         Responses and any other answering documents, including memoranda and affidavits, must be filed within 5 days after service of the motion, or as otherwise required by the Administrative Law Judge or the Board.  Responses must be served in accordance with 80 Ill. Adm. Code 1200.20.

 

d)         If the motion to defer the resolution of an unfair labor practice charge is made during the investigation, the Executive Director will rule on the motion by issuance of an order or a complaint for hearing.  Parties may appeal the Executive Director's orders in accordance with 80 Ill. Adm. Code 1200.135(a).  Complaints for hearing are not appealable.  If the motion to defer the resolution of an unfair labor practice charge is made after the issuance of a complaint for hearing, the Administrative Law Judge shall rule on the motion in accordance with 80 Ill. Adm. Code 1200.45. 

 

(Source:  Amended at 46 Ill. Reg. 15593, effective September 1, 2022)

 

Section 1220.70  Requests for Preliminary Relief

 

The charging party may request the Board to seek preliminary relief pursuant to Section 11(h) of the Act.  The charging party shall have the burden of demonstrating to the General Counsel that if preliminary relief is not sought it will suffer irreparable harm and that the remedies available from the Board will be inadequate.  Any request to seek such preliminary relief shall be in writing and accompanied by affidavits, documents or other evidence supporting the request.  All requests shall be filed with the General Counsel and shall be served on the other party simultaneously with their filing with the Board.

 

(Source:  Amended at 17 Ill. Reg. 15628, effective September 13, 1993)

 

Section 1220.80  Compliance Procedures

 

a)         Whenever it is determined that an unfair labor practice has been committed, a copy of the Board's decision and order, or a copy of the Administrative Law Judge's (ALJ's) recommended decision and order in cases in which the Board has declined to review the ALJ's recommended decision and order, shall be sent to the compliance officer who shall be responsible for monitoring the respondent's compliance with the order.  Following an investigation, the compliance officer may order that the parties take certain actions or he or she may set the matter for a compliance hearing.

 

b)         Parties may request that the Board seek enforcement of the Board's order pursuant to Section 11(f) of the Act.  Requests shall be in the form of a petition for enforcement filed with the Board and served upon the other parties.  The petition shall set forth specifically the manner in which the respondent has failed to voluntarily comply with the Board's order, or ALJ's recommended order in cases in which the Board has declined to review the ALJ's order.

 

c)         The compliance officer shall investigate the information in the petition and shall issue and serve upon the parties, no later than 75 days after the filing of the petition, an order dismissing the petition, directing specifically the actions to be taken by the respondent, or setting the matter for hearing before an ALJ.

 

d)         If a party fails or refuses to respond to a compliance officer's request for information, the compliance officer shall make the determinations based on the evidence presented.

 

e)         No later than 7 days after service of the compliance officer's order dismissing the petition or directing action by the respondent, the parties may file objections to the compliance order.  The objections shall:

 

1)         set forth specifically the finding, order or omission to which the objection is taken; and

 

2)         set forth specifically the grounds for the objection, and be accompanied by any available supporting documentation, specific calculations and requests for subpoenas.

 

f)         Any objection to a finding, order or omission not specifically urged shall be deemed waived.  In the event that objections are filed by any party, the Board shall set the matter for hearing before an ALJ.

 

g)         Parties may appeal the ALJ's recommended compliance decision and order in accordance with 80 Ill. Adm. Code 1200.135.

 

h)         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.  (Section 11(e))

 

1)         Pursuant to Supreme Court Rule 335(g), "application for a stay of a decision or order of an agency pending direct review in the Appellate Court shall ordinarily be made in the first instance to the agency."

 

2)         Applications for a stay of a decision or order issued by the Board shall be made by motion filed with the General Counsel pursuant to 80 Ill. Adm. Code 1200.45, for consideration and ruling by the Board.

 

(Source:  Amended at 45 Ill. Reg. 1880, effective February 1, 2021)

 

Section 1220.90  Sanctions

 

a)         The Board's order may in its discretion include an appropriate sanction, based on the Board's rules and regulations, 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 these provisions in the same manner as any other party. (Section 11 of the Act)

 

b)         The Board may award sanctions for such written or recorded allegations or denials, including statements recorded during the course of Board proceedings.

 

c)         The sanction may include an admonition or reprimand; striking an offending allegation or denial; an order to pay the other party or parties' reasonable expenses, including costs and reasonable attorney's fees or an appropriate portion thereof; and/or any other appropriate sanction. (Section 11 of the Act) Sanctions are to be awarded only against a party or parties to the proceeding.

 

d)         Any party to an unfair labor practice proceeding may move for sanctions. The motion for sanctions must be a succinct statement identifying the allegations and/or denials and/or incidents of frivolous litigation alleged to be subject to sanctions, with citations to the record, and succinct arguments.  (Section 11 of the Act)  The party subject to the motion for sanctions shall have 14 days after service of the motion to respond or withdraw the paper or position that is the basis of the motion.  Neither the motion for sanctions nor the response may be used as an additional brief on the merits of the underlying case.

 

1)         Motions for sanctions may be filed with the Executive Director while an unfair labor practice charge is pending before the Executive Director. Sanctions before the Executive Director may only be sought for instances of frivolous litigation.  Motions shall be filed no later than 7 days after receipt of the Executive Director's notice that investigation of the unfair labor practice charge has been completed, or that a party has withdrawn the unfair labor practice charge. 

 

2)         Once an unfair labor practice complaint has been issued, motions for sanctions may be filed with the Administrative Law Judge.  Sanctions before the Administrative Law Judge may be sought for both allegations or denials made without reasonable cause and found to be untrue and/or instances of frivolous litigation.  (Section 11 of the Act.)  Motions shall be filed no later than 7 days after receipt of the last post-hearing brief scheduled to be filed, or no later than 7 days after the close of the hearing, if no briefs are to be filed. 

 

3)         Once the Administrative Law Judge has issued a recommended decision and order, or the Executive Director has issued an order dismissing an unfair labor practice charge, the motion and order is pending before the Board.  Motions for sanctions shall be filed no later than 7 days after receipt of the last brief scheduled to be filed with the Board, or no later than 7 days after oral argument before the Board, if such argument occurs after all briefing is completed.  Sanctions before the Board may be sought for either allegations or denials made without reasonable cause and found to be untrue and/or instances of frivolous litigation.  (Section 11 of the Act)

 

e)         A party may request sanctions from the Board for allegations or denials made without reasonable cause and found to be untrue even though it did not move for sanctions on that allegation or denial before the Administrative Law Judge, and even though the Administrative Law Judge did not recommend sanctions on such allegations or denials. (Section 11 of the Act)

 

f)         A party may not request sanctions from the Board for alleged frivolous litigation for the purpose of delay or needless increase in the cost of litigation before the Executive Director or Administrative Law Judge, unless it requested sanctions from the Executive Director or Administrative Law Judge as to such alleged incident of frivolous litigation, or unless the Executive Director or Administrative Law Judge recommended sanctions as to such alleged incident of frivolous litigation. (Section 11 of the Act)

 

g)         Except as provided in subsection (h) below, an order for sanctions shall be included in the Executive Director's order, the Administrative Law Judge's recommended decision and order, or the Board decision and order.

 

h)         If neither party has moved for sanctions, the Executive Director, Administrative Law Judge, or Board may sua sponte issue an order to show cause why sanctions are not warranted.  The party or parties to whom the order to show cause is directed shall have 14 days from the service of that order to file a response.  The order to show cause shall recite the conduct or circumstances at issue.

 

i)          An order leveling sanctions shall recite the conduct or circumstances for which sanctions are sought, and explain the basis for the sanction imposed.

 

(Source:  Amended at 27 Ill. Reg. 7436, effective May 1, 2003)

 

Section 1220.100  Unfair Labor Practice Charges Involving Fair Share Fees and Unlawfully-Collected Dues

 

a)         Unfair Labor Practice Charges Involving Fair Share Fees

 

1)         Unfair labor practice charges that proportionate share fees violate the Act shall be filed and processed in accordance with this Part.

 

2)         The Board shall consolidate charges involving proportionate share fees in accordance with 80 Ill. Adm. Code 1200.105.  Specifically, the Board shall consolidate in a single proceeding all proportionate share fee charges involving the same bargaining unit.  The Board shall consolidate charges involving two or more bargaining units whenever it determines that the exclusive representatives are affiliated with a common employee organization, the exclusive representatives use similar methods for determining fair share fees, the consolidation would not prejudice the constitutional and statutory rights of the objecting employees, and the consolidation would resolve the charges in an efficient manner.

 

3)         In hearings on fair share fee charges, the exclusive representative shall have the burden of proving how the fair share fee was calculated and that the fee did not exceed the employee's proportionate share of the costs of the collective bargaining process, contract administration and pursuing matters affecting wages, hours and conditions of employment. (Section 3(g) and (e) of the Act)

 

b)         Unfair Labor Practice Charges Involving Unlawfully-Collected Dues

 

1)         Unfair labor practice charges that a labor organization has unlawfully collected dues from a public employee in violation of the Act shall be filed and processed in accordance with this Part.

 

2)         In cases in which a public employee alleges that a labor organization has unlawfully collected dues, the public employer shall continue to deduct the employee's dues from the employee's pay, but shall transmit the dues to the Board for deposit in an escrow account maintained by the Board.  (Section 6(f-35) of the Act)

 

3)         An exclusive representative must maintain an escrow account for the purpose of holding dues deductions to which employees have objected.

 

4)         The employer shall transmit the entire amount of dues to the exclusive representative, and the exclusive representative shall hold them in escrow.

 

5)         An escrow account maintained by an exclusive representative shall meet the following standards:

 

A)        The account shall be maintained in a federally insured financial institution.

 

B)        The account shall earn interest of at least the rate provided by commercial banks for regular passbook savings accounts.

 

C)        If the account combines the dues of more than one objector, separate records must be kept of each objector's dues, prorating the interest earned on the account.

 

D)        The escrow account may contain the fees of objecting employees in different bargaining units.

 

E)        Any charges resulting from a financial institution for the cost of maintaining an escrow account shall be borne by the exclusive representative.

 

(Source:  Amended at 45 Ill. Reg. 1880, effective February 1, 2021)

 

Section 1220.105  Appointment of Counsel

 

a)         A charging party may file a request for appointment of counsel simultaneously with or after filing a charge.  The request shall be on a form developed by the Board.  It shall be accompanied by an affidavit attesting to the charging party's inability to pay or inability to otherwise provide for adequate representation.  (Section 5(k) of the Act)  It shall also be accompanied by affidavits, documents or other evidence supporting the charge.

 

b)         A charging party shall be deemed unable to pay or provide for adequate representation if the party's "Adjusted Income" is less than the amount set forth in Table A to this Part for a "Family Unit" of the applicable size, and if this person is not entitled to representation from a labor organization (or such representation would be inappropriate) or under the provisions of a prepaid legal services plan or similar arrangement.  As an example, instances when representation by a labor organization would be inappropriate include when an individual files charges against a labor organization.

 

c)         For purposes of this Section, "Adjusted Income" refers to all gross income available to the charging party for the prior year from wages, pensions, annuities, insurance or public assistance benefits, interest and dividends, and other such sources, including liquid assets such as savings and checking accounts, stocks, bonds and similar investments, less the following deductions for the prior year:

 

1)         Child care and court-ordered child support payments;

 

2)         That portion of educational and medical expenses which exceeds 5 percent of total gross income;

 

3)         Unreimbursed expenses of obtaining and maintaining employment; and

 

4)         An amount equivalent to 20 percent of wages earned, to approximate withholding for taxes and social security and the like.

 

d)         For purposes of this Section, "Family Unit" means the charging party and all other persons related to the charging party by blood, marriage or adoption who reside in the charging party's household and are dependent upon the charging party for at least one half of their support.

 

e)         If the Board or its designated representative determines that the charging party is unable to pay or is otherwise unable to provide for adequate representation, and that the charge is not clearly without merit, the charging party shall select counsel from a list of attorneys maintained by the Board.

 

f)         Counsel selected by the charging party shall certify to the Board:

 

1)         That they are licensed to practice law in Illinois under the rules of the Illinois Supreme Court.

 

2)         That they have previous experience as the representative of parties in the trial or hearing of contested cases.  An attorney without trial experience, including a law student certified to practice under Rule 711 of the Illinois Supreme Court, shall satisfy this requirement if actively supervised and accompanied at hearing by an attorney with previous trial experience, in which case the supervising attorney shall make the certification.

 

3)         That they accept appointment in return for compensation from the Board at the rate of $75 per hour ($30 per hour for the time of law students and paralegals) plus costs, i.e., copying documents, subpoena fees, and subject to a maximum compensation limit of $5000 in any single cause.  The maximum limit of $5000 may be increased in a particular case upon application to the Board if the circumstances of the case, including the number and complexity of the issues, demand the investment of time and expenses exceeding the limitation.

 

4)         That they will maintain contemporaneous, careful records of time and expenses devoted to the case and will supply copies or summaries to the Board, together with bills for services rendered, at least monthly for each month in which time or costs are accrued.

 

g)         Payment for personal services at the hourly rate is due upon completion of the Board proceedings in the cause.  Payment of costs up to a total of $500 are payable on a monthly basis for the month in which the costs are incurred.  Costs totalling more than $500 are payable at the completion of the proceedings before the Board and may be incurred only with prior approval of the Board, e.g., in instances in which issues presented are numerous or call for numerous witnesses.

 

h)         An attorney appointed by the Board to represent a charging party pursuant to this Section shall not withdraw from such employment without approval of the Board or its Administrative Law Judge.

 

(Source:  Renumbered from Section 1220.30 and amended at 27 Ill. Reg. 7436, effective May 1, 2003.

 

Section 1220.TABLE A  "Adjusted Income" Standards for Appointment of Counsel in Unfair Labor Practice Cases

 

 

Size of Family Unit	Adjusted Annual Income Limit
1	$   8,860
2	11,940
3	15,020
4	18,100
5	21,180
6	24,260

 

(Source:  Amended at 27 Ill. Reg. 7436, effective May 1, 2003)