Section 1300.100  Motions

a)         In matters set for hearing, all motions must be filed with the assigned ALJ via e-mail to the e-mail address provided by the ALJ.  Motions shall be simultaneously served on other parties via e-mail at the e-mail addresses specified by each party as follows: 

1)         In cases in which an employee subject to the designation is not represented by a collective bargaining representative, an employee filing a motion under this Section shall serve the motion upon the employer at its e-mail address.

2)         In cases in which an employee subject to the designation is represented by a collective bargaining representative or is the subject of a petition for representation that is pending before the Board at the time of the filing of the designation, an employee filing a motion under this Section shall serve the motion upon the employer at its e-mail address and on the collective bargaining representative at its e-mail address.  A collective bargaining representative filing a motion under this Section shall serve the motion upon the employer at its e-mail address and on each employee whose position is the subject of the motion at his or her e-mail address.

b)         Once the ALJ's recommended decision and order has been issued, all motions shall be filed with the Board by e-mail at ILRB.Filing@illinois.gov and simultaneously served on other applicable parties as described in subsections (a)(1) and (2).

c)         Motions to postpone or extend a hearing must be made in writing via e-mail unless made during the hearing, at which time the motions may be made verbally, on the record.  Motions must briefly state the grounds for the motion and any relief requested.

1)         Motions to extend the time for the filing of documents must contain a statement that the moving party discussed the requested extension with the other parties.  If no objections were raised, the moving party must certify that the other parties were consulted and authorized the moving party to represent that they have no objections.  If objections were raised, the moving party must describe those objections and its response.  Motions to extend time filed in conjunction with hearings on gubernatorial designation of positions as excluded from collective bargaining will be granted only in extraordinary circumstances.

2)         Motions for continuance must contain a statement that the moving party consulted with the other parties to determine whether they have any objection to the requested continuance.  When there are no objections, the moving party must certify that it has consulted with the other parties and that they authorized the moving party to represent that they have no objections.  When objections are raised, the moving party must describe those objections and its response.  The motion for continuance must contain a statement that the moving party contacted the other parties to determine their availability for hearing on subsequent dates and it must indicate those dates in the motion.  Motions for continuance filed in conjunction with hearings on gubernatorial designation of positions as excluded from collective bargaining will be granted only in extraordinary circumstances.

3)         At any time before the issuance of the recommended decision and order, a party may move to disqualify the ALJ on the grounds of bias or conflict of interest.  The motion shall be in writing to the Board's General Counsel, with a copy to the ALJ, setting out the specific instances of bias or conflict of interest.  An adverse decision or ruling, in and of itself, is not grounds for disqualification.  The General Counsel may decline to disqualify the ALJ or may appoint another ALJ to hear the case.

d)         Responses and any other answering documents, including memoranda and affidavits, must be filed within 3 days after service of the motion, or as otherwise required by the ALJ or the Board.  Responses must be filed with the assigned ALJ via e-mail to the e-mail address provided by the ALJ and will be served on all opposing parties via e-mail at the e-mail addresses specified by each party.

e)         Rulings on motions shall be made in writing and served on all parties to the proceeding.  The ALJ may reserve ruling on any motion until the issuance of a recommended decision and order.  Motions and responses shall not serve to postpone or delay the proceedings.

f)         Rulings on motions are not appealable to the Board, unless otherwise provided by the Board.