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1 | | accompanied by a
notice of hearing before the Board or a member |
2 | | thereof designated by the
Board, or before a qualified hearing |
3 | | officer designated by the Board at the
offices of the Board or |
4 | | such other location as the Board deems appropriate,
not less |
5 | | than 5 days after serving of such complaint provided that no
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6 | | complaint shall issue based upon any unfair labor practice |
7 | | occurring more
than six months prior to the filing of a charge |
8 | | with the Board and
the service of a copy thereof upon the |
9 | | person against whom the charge is
made, unless the person |
10 | | aggrieved thereby did not reasonably have knowledge
of the |
11 | | alleged unfair labor practice or was prevented from filing |
12 | | such a
charge by reason of service in the armed forces, in |
13 | | which event the six
month period shall be computed from the |
14 | | date of his discharge. Any such
complaint may be amended by the |
15 | | member or hearing officer conducting the
hearing for the Board |
16 | | in his discretion at any time prior to the issuance
of an order |
17 | | based thereon. The person who is the subject of the complaint
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18 | | has the right to file an answer to the original or amended |
19 | | complaint and
to appear in person or by a representative and |
20 | | give testimony at the place
and time fixed in the complaint. In |
21 | | the discretion of the member or hearing
officer conducting the |
22 | | hearing or the Board, any other person may be allowed
to |
23 | | intervene in the proceeding and to present testimony. In any |
24 | | hearing
conducted by the Board, neither the Board nor the |
25 | | member or agent conducting
the hearing shall be bound by the |
26 | | rules of evidence applicable to courts,
except as to the rules |
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1 | | of privilege recognized by law.
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2 | | (a-5) The Board shall determine whether a violation of |
3 | | paragraph (4) of subsection (a) of Section 10 frustrated the |
4 | | purposes of this Act by undermining or significantly impacting |
5 | | the collective bargaining process and, by do so, made |
6 | | unavailable either the traditional remedies for a violation of |
7 | | this Act or a make-whole remedy from the Board. The reasons for |
8 | | such a determination may include the passage of time or that |
9 | | the violation is of a nature that could undermine support for a |
10 | | labor organization or otherwise undermine the labor |
11 | | organization's bargaining strength. If the Board makes such a |
12 | | determination under this subsection (a-5), the Board shall |
13 | | make available interest arbitration in its order and shall, |
14 | | upon request of the charging party, require the parties to |
15 | | participate in the impasse arbitration procedures set forth in |
16 | | Section 14, except that: (i) the right to strike shall not be |
17 | | considered waived pursuant to Section 17 until the actual |
18 | | convening of the arbitration hearing; and (ii) the |
19 | | commencement of a new fiscal year shall not be deemed to impair |
20 | | the jurisdiction or authority of the arbitration panel or its |
21 | | decision. The parties shall continue to have a duty to engage |
22 | | in good faith bargaining during
the pendency of impasse |
23 | | arbitration procedures. |
24 | | (b) The Board shall have the power to issue subpoenas and |
25 | | administer oaths.
If any party wilfully fails or neglects to |
26 | | appear or testify or to produce
books, papers and records |
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1 | | pursuant to the issuance of a subpoena by the
Board, the Board |
2 | | may apply to a court of competent jurisdiction to request
that |
3 | | such party be ordered to appear before the Board to testify or |
4 | | produce
the requested evidence.
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5 | | (c) Any testimony taken by the Board, or a member |
6 | | designated by the Board
or a hearing officer thereof, must be |
7 | | reduced to writing and filed with the
Board. A full and |
8 | | complete record shall be kept of all proceedings before
the |
9 | | Board, and all proceedings shall be transcribed by a reporter |
10 | | appointed
by the Board. The party on whom the burden of proof |
11 | | rests shall be required
to sustain such burden by a |
12 | | preponderance of the evidence. If, upon a
preponderance of the |
13 | | evidence taken, the Board is of the opinion that any
person |
14 | | named in the charge has engaged in or is engaging in an unfair |
15 | | labor
practice, then it shall state its findings of fact and |
16 | | shall issue and
cause to be served upon the person an order |
17 | | requiring him to cease and
desist from the unfair labor |
18 | | practice, and to take such affirmative action,
including |
19 | | reinstatement of public employees with or without back pay, as
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20 | | will effectuate the policies of this Act. If the Board awards |
21 | | back pay, it
shall also award interest at the rate of 7% per |
22 | | annum. The Board's order
may further require the person to |
23 | | make reports from time to time,
and demonstrate the extent to |
24 | | which he has complied with the order. If
there is no |
25 | | preponderance of evidence to indicate to the Board that the
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26 | | person named in the charge has engaged in or is engaging in the |
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1 | | unfair labor
practice, then the Board shall state its findings |
2 | | of fact and shall issue
an order dismissing the complaint.
The |
3 | | Board's order may in its discretion also include an |
4 | | appropriate
sanction, based on the Board's rules and |
5 | | regulations, and the sanction may
include an order to pay the |
6 | | other party or parties' reasonable expenses
including costs |
7 | | and reasonable attorney's fee, if the other party has made
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8 | | allegations or denials without reasonable cause and found to |
9 | | be untrue or
has engaged in frivolous litigation for the |
10 | | purpose of delay or needless
increase in the cost of |
11 | | litigation; the State of Illinois or any agency
thereof shall |
12 | | be subject to the provisions of this sentence in the same
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13 | | manner as any other party.
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14 | | (d) Until the record in a case has been filed in court, the |
15 | | Board at any
time, upon reasonable notice and in such manner as |
16 | | it deems proper, may
modify or set aside, in whole or in part, |
17 | | any finding or order made or
issued by it.
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18 | | (e) A charging party or any person aggrieved by a final |
19 | | order of the Board
granting or denying in whole or in part the |
20 | | relief sought may apply for
and obtain judicial review of an |
21 | | order of the Board entered under this Act,
in accordance with |
22 | | the provisions of the Administrative Review Law, as now
or |
23 | | hereafter amended, except that such judicial review shall be |
24 | | afforded
directly in the appellate court for the district in |
25 | | which the aggrieved
party resides or transacts business, and |
26 | | provided, that such judicial
review shall not be available for |
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1 | | the purpose of challenging a final order
issued by the Board |
2 | | pursuant to Section 9 of this Act for which judicial
review has |
3 | | been petitioned pursuant to subsection (i) of Section 9. Any
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4 | | direct appeal to the Appellate Court shall be filed within 35 |
5 | | days from the
date that a copy of the decision sought to be |
6 | | reviewed was served upon the
party affected by the decision. |
7 | | The filing of such an appeal to the Appellate Court shall not |
8 | | automatically stay the enforcement of the Board's order. An |
9 | | aggrieved party may apply to the Appellate Court for a stay of |
10 | | the enforcement of the Board's order after the aggrieved party |
11 | | has followed the procedure prescribed by Supreme Court Rule |
12 | | 335. The
Board in proceedings under this
Section may obtain an |
13 | | order of the court for the enforcement of its order.
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14 | | (f) Whenever it appears that any person has violated a |
15 | | final order of
the Board issued pursuant to this Section, the |
16 | | Board must commence an action
in the name of the People of the |
17 | | State of Illinois by petition, alleging
the violation, |
18 | | attaching a copy of the order of the Board, and praying for
the |
19 | | issuance of an order directing the person, his officers, |
20 | | agents, servants,
successors, and assigns to comply with the |
21 | | order of the Board.
The Board shall be represented in this |
22 | | action by the Attorney General in
accordance with the Attorney |
23 | | General Act. The court may grant or refuse, in
whole or in |
24 | | part, the relief sought, provided that the court may stay an
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25 | | order of the Board in accordance with the Administrative |
26 | | Review Law,
pending disposition of the proceedings. The court |
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1 | | may punish a violation of
its order as in civil contempt.
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2 | | (g) The proceedings provided in paragraph (f) of this |
3 | | Section shall be
commenced in the Appellate Court for the |
4 | | district where the unfair labor
practice which is the subject |
5 | | of the Board's order was committed, or where
a person required |
6 | | to cease and desist by such order resides or transacts |
7 | | business.
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8 | | (h) The Board through the Attorney General, shall have |
9 | | power, upon issuance
of an unfair labor practice complaint |
10 | | alleging that a person has engaged
in or is engaging in an |
11 | | unfair labor practice, to petition the circuit court
where the |
12 | | alleged unfair labor practice which is the subject of the |
13 | | Board's
complaint was allegedly committed, or where a person |
14 | | required to cease and
desist from such alleged unfair labor |
15 | | practice resides or transacts business,
for appropriate |
16 | | temporary relief or restraining order. Upon the filing of
any |
17 | | such petition, the court shall cause notice thereof to be |
18 | | served upon
such persons, and thereupon shall have |
19 | | jurisdiction to grant to the Board
such temporary relief or |
20 | | restraining order as it deems just and proper.
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21 | | (i) If an unfair labor practice charge involves the |
22 | | interpretation or
application of a collective bargaining |
23 | | agreement and said agreement contains
a grievance procedure |
24 | | with binding arbitration as its terminal step, the
Board may |
25 | | defer the resolution of such dispute to the grievance and |
26 | | arbitration
procedure contained in said agreement.
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