(a-5) The Board shall designate an exclusive representative for purposes
of
collective bargaining when the representative demonstrates a showing of
majority interest by employees in the unit. If the parties to a dispute are
without
agreement on the means to ascertain the choice, if any, of employee
organization
as their representative, the Board shall ascertain the employees' choice of
employee organization, on the basis of dues deduction authorization or other
evidence, or, if necessary, by conducting an election. The showing of interest in support of a petition filed under this subsection (a-5) may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the employee as provided under Section 5-120 of the Electronic Commerce Security Act. The showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. All evidence submitted by an employee organization to the Board to ascertain an employee's choice of an employee organization is confidential and shall not be submitted to the employer for review. The Board shall ascertain the employee's choice of employee organization within 120 days after the filing of the majority interest petition; however, the Board may extend time by an additional 60 days, upon its own motion or upon the motion of a party to the proceeding. If either party provides
to the Board, before the designation of a representative, clear and convincing
evidence that the dues deduction authorizations, and other evidence upon which
the Board would otherwise rely to ascertain the employees' choice of
representative, are fraudulent or were obtained through coercion, the Board
shall promptly thereafter conduct an election. The Board shall also investigate
and consider a party's allegations that the dues deduction authorizations and
other evidence submitted in support of a designation of representative without
an election were subsequently changed, altered, withdrawn, or withheld as a
result of employer fraud, coercion, or any other unfair labor practice by the
employer. If the Board determines that a labor organization would have had a
majority interest but for an employer's fraud, coercion, or unfair labor
practice, it shall designate the labor organization as an exclusive
representative without conducting an
election. If a hearing is necessary to resolve any issues of representation under this Section, the Board shall conclude its hearing process and issue a certification of the entire appropriate unit not later than 120 days after the date the petition was filed. The 120-day period may be extended one or more times by the agreement of all parties to a hearing to a date certain.
(a-6) A labor organization or an employer may file a unit clarification petition seeking to clarify an existing bargaining unit. Unit clarification petitions may be filed if: (1) substantial changes occur in the duties and functions of an existing job title, raising an issue as to the title's unit placement; (2) an existing job title that is logically encompassed within the existing unit was inadvertently excluded by the parties at the time the unit was established; (3) a newly created job title is logically encompassed within an existing unit; (4) a significant change takes place in statutory or case law that affects the bargaining rights of employees; (5) a determination needs to be made as to the unit placement of positions in dispute following a majority interest certification of representative issued under subsection (a-5); (6) a determination needs to be made as to the unit placement of positions in dispute following a certification of representative issued following a direction of election under subsection (d); (7) the parties have agreed to eliminate a position or title because the employer no longer uses it; (8) the parties have agreed to exclude some of the positions in a title or classification from a bargaining unit and include others; or (9) as prescribed in rules set by the Board. The Board shall conclude its investigation, including any hearing process deemed necessary, and issue a certification of clarified unit or dismiss the petition not later than 120 days after the date the petition was filed. The 120-day period may be extended one or more times by the agreement of all parties to a hearing to a date certain.
(b) The Board shall decide in each case, in order to assure public employees
the fullest freedom in exercising the rights guaranteed by this Act, a unit
appropriate for the purpose of collective bargaining, based upon but not
limited to such factors as: historical pattern of recognition; community
of interest including employee skills and functions; degree of functional
integration; interchangeability and contact among employees; fragmentation
of employee groups; common supervision, wages, hours and other working
conditions of the employees involved; and the desires of the employees.
For purposes of this subsection, fragmentation shall not be the sole or
predominant factor used by the Board in determining an appropriate
bargaining unit. Except with respect to non-State fire fighters and
paramedics employed by fire departments and fire protection districts,
non-State peace officers and peace officers in the Illinois State Police, a single bargaining unit determined by the
Board may not include both supervisors and nonsupervisors, except for
bargaining units in existence on the effective date of this Act. With
respect to non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace officers and
peace officers in the Illinois State Police, a single bargaining
unit determined by the Board may not include both supervisors and
nonsupervisors, except for bargaining units in existence on January 1, 1986 (the effective
date of Public Act 84-1104).
In cases involving an historical pattern of recognition, and in cases where
the employer has recognized the union as the sole and exclusive bargaining
agent for a specified existing unit, the Board shall find the employees
in the unit then represented by the union pursuant to the recognition to
be the appropriate unit.
Notwithstanding the above factors, where the majority of public employees
of a craft so decide, the Board shall designate such craft as a unit
appropriate for the purposes of collective bargaining.
The Board shall not decide that any unit is appropriate if such unit
includes both professional and nonprofessional employees, unless a majority
of each group votes for inclusion in such unit.
(c) Nothing in this Act shall interfere with or negate the current
representation rights or patterns and practices of labor organizations
which have historically represented public employees for the purpose of
collective bargaining, including but not limited to the negotiations of
wages, hours and working conditions, discussions of employees' grievances,
resolution of jurisdictional disputes, or the establishment and maintenance
of prevailing wage rates, unless a majority of employees so represented
express a contrary desire pursuant to the procedures set forth in this Act.
(d) In instances where the employer does not voluntarily recognize a labor
organization as the exclusive bargaining representative for a unit of
employees, the Board shall determine the majority representative of the
public employees in an appropriate collective bargaining unit by conducting
a secret ballot election, except as otherwise provided in subsection (a-5). Such a secret ballot election may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems.
Within 7 days after the Board issues its
bargaining unit determination and direction of election or the execution of
a stipulation for the purpose of a consent election, the public employer
shall submit to the labor organization the complete names and addresses of
those employees who are determined by the Board to be eligible to
participate in the election. When the Board has determined that a labor
organization has been fairly and freely chosen by a majority of employees
in an appropriate unit, it shall certify such organization as the exclusive
representative. If the Board determines that a majority of employees in an
appropriate unit has fairly and freely chosen not to be represented by a
labor organization, it shall so certify. The Board may also revoke the
certification of the public employee organizations as exclusive bargaining
representatives which have been found by a secret ballot election to be no
longer the majority representative.
(e) The Board shall not conduct an election in any bargaining unit or
any subdivision thereof within which a valid election has been held in the
preceding 12-month period. The Board shall determine who is eligible to
vote in an election and shall establish rules governing the conduct of the
election or conduct affecting the results of the election. The Board shall
include on a ballot in a representation election a choice of "no
representation". A labor organization currently representing the bargaining
unit of employees shall be placed on the ballot in any representation
election. In any election where none of the choices on the ballot receives
a majority, a runoff election shall be conducted between the 2 choices
receiving the largest number of valid votes cast in the election. A labor
organization which receives a majority of the votes cast in an election
shall be certified by the Board as exclusive representative of all public
employees in the unit.
(f) A labor
organization shall be designated as the exclusive representative by a
public employer, provided that the labor
organization represents a majority of the public employees in an
appropriate unit. Any employee organization which is designated or selected
by the majority of public employees, in a unit of the public employer
having no other recognized or certified representative, as their
representative for purposes of collective bargaining may request
recognition by the public employer in writing. The public employer shall
post such request for a period of at least 20 days following its receipt
thereof on bulletin boards or other places used or reserved for employee
notices.
(g) Within the 20-day period any other interested employee organization
may petition the Board in the manner specified by rules and regulations
of the Board, provided that such interested employee organization has been
designated by at least 10% of the employees in an appropriate bargaining
unit which includes all or some of the employees in the unit recognized
by the employer. In such event, the Board shall proceed with the petition
in the same manner as provided by paragraph (1) of subsection (a) of this
Section.
(h) No election shall be directed by the Board in any bargaining unit
where there is in force a valid collective bargaining agreement. The Board,
however, may process an election petition filed between 90 and 60 days prior
to the expiration of the date of an agreement, and may further refine, by
rule or decision, the implementation of this provision.
Where more than 4 years have elapsed since the effective date of the agreement,
the agreement shall continue to bar an election, except that the Board may
process an election petition filed between 90 and 60 days prior to the end of
the fifth year of such an agreement, and between 90 and 60 days prior to the
end of each successive year of such agreement.
(i) An order of the Board dismissing a representation petition,
determining and certifying that a labor organization has been fairly and
freely chosen by a majority of employees in an appropriate bargaining unit,
determining and certifying that a labor organization has not been fairly
and freely chosen by a majority of employees in the bargaining unit or
certifying a labor organization as the exclusive representative of
employees in an appropriate bargaining unit because of a determination by
the Board that the labor organization is the historical bargaining
representative of employees in the bargaining unit, is a final order. Any
person aggrieved by any such order issued on or after July 1, 1988 (the effective date of Public Act 85-924)
may apply for and obtain judicial review in
accordance with provisions of the Administrative Review Law, as now or
hereafter amended, except that such review shall be afforded directly in
the Appellate Court for the district in which the aggrieved party resides
or transacts business.
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.
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; 102-596, eff. 8-27-21; 102-813, eff. 5-13-22.)
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