Section 1210.150  Objections to the Election

a)         Any party to the election may file objections with the Board alleging that the result was not fairly and freely chosen by a majority of the employees.  The party must serve its objections on the other parties to the election prior to or simultaneously with their filing with the Board.

b)         Objections must be received by the Board no later than five days after the final tally was served on the representatives. Pending challenges to ballots shall not stay the time for filing objections.

c)         The objecting party shall, within five days after filing objections, submit to the Board a statement of material facts and issues and a summary of material evidence.

d)         The Executive Director shall promptly investigate the allegations, and, at the conclusion of the investigation, issue a report on the challenges and/or objections.  If the Executive Director finds no reasonable cause to believe that the result of the election was not fairly and freely chosen, he shall issue a report dismissing the challenges and objections.  Parties may appeal the Executive Director's report in accordance with 80 Ill. Adm. Code 1200.135.  If the Executive Director finds reasonable cause to believe that the result of the election was not fairly and freely chosen by a majority of the employees, he or she shall set the matter for hearing before an Administrative Law Judge.  The Administrative Law Judge will conduct the hearing in accordance with Section 1210.105.  If it is determined, after hearing, that the result was not fairly and freely chosen by a majority of the employees, the Board shall order a new election and shall order corrective action it finds necessary to ensure the fairness of the new election.  If it is determined that the result was fairly and freely chosen by a majority of the employees, the Board shall promptly certify the election results.

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)