(115 ILCS 5/16) (from Ch. 48, par. 1716)
Sec. 16.
Judicial review.
(a) A charging party or any person aggrieved by a final order of the Board
granting or denying in whole or in part the relief sought may apply for and
obtain judicial review of an order of the Board entered under this Act in
accordance with the provisions of the Administrative Review Law, as now or
hereafter amended, except that such judicial review shall be taken directly to
the Appellate Court of a judicial district in which the Board maintains an
office. 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.
(b) Whenever it appears that any person has violated a final order of
the Board issued under this Act, the Board may commence an action in the
name of the people of the State of Illinois by petition, alleging the
violation, attaching a copy of the order of the Board, and praying for the
issuance of an order directing the person, his officers, agents, servants,
successors, and assigns to comply with the order of the Board. Upon the
commencement of the action, the Court may grant or refuse, in whole or in
part, the relief sought, provided that the Court may stay an order of the
Board in accordance with Section 3-111 of the Code of Civil Procedure
pending disposition of the proceedings. The Court may punish a violation
of its order as in civil contempt.
(c) The proceedings provided in subsection (b) of this Section shall be
commenced in the Appellate Court of a judicial district in which the
Board maintains an office.
(d) The Board may, upon issuance of an unfair labor practice complaint,
petition the circuit court where the alleged unfair practice which is the
subject of the Board's complaint was allegedly committed, or where a person
required to cease and desist from such alleged unfair labor practice resides
or transacts business, for appropriate temporary relief or a restraining
order. Upon the filing of any such petition the court shall cause notice
thereof to be served upon such person, and thereupon shall have jurisdiction
to grant to the Board such temporary relief or restraining order as it deems
just and proper.
(e) In any judicial review proceeding brought hereunder, the employee
organization may sue or be sued as an entity and in behalf of the employees
whom it represents. The service of legal process, summons, or subpoena upon
an officer or agent of the employee organization in his or her capacity
as such, shall constitute service upon said employee organization.
(Source: P.A. 88-1.)
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