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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Educational Labor Relations Act is | ||||||||||||||||||||||||
5 | amended by changing Section 7 as follows:
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6 | (115 ILCS 5/7) (from Ch. 48, par. 1707)
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7 | Sec. 7. Recognition of exclusive bargaining | ||||||||||||||||||||||||
8 | representatives - unit
determination. The Board is empowered to | ||||||||||||||||||||||||
9 | administer the
recognition of bargaining representatives of | ||||||||||||||||||||||||
10 | employees of public school
districts, including employees of | ||||||||||||||||||||||||
11 | districts which have entered into joint
agreements, or | ||||||||||||||||||||||||
12 | employees of public community college districts, or any
State | ||||||||||||||||||||||||
13 | college or university, and any State agency whose major | ||||||||||||||||||||||||
14 | function is
providing educational services, making certain | ||||||||||||||||||||||||
15 | that each bargaining unit
contains employees with an | ||||||||||||||||||||||||
16 | identifiable community of interest and that no unit
includes | ||||||||||||||||||||||||
17 | both professional employees and nonprofessional employees | ||||||||||||||||||||||||
18 | unless a
majority of employees in each group vote for inclusion | ||||||||||||||||||||||||
19 | in the unit.
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20 | (a) In determining the appropriateness of a unit, the Board
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21 | shall decide in each case, in order to ensure employees the | ||||||||||||||||||||||||
22 | fullest freedom
in exercising the rights guaranteed by this | ||||||||||||||||||||||||
23 | Act, the unit appropriate for
the purpose of collective |
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1 | bargaining, based upon but not limited to such
factors as | ||||||
2 | historical pattern of recognition, community of interest, | ||||||
3 | including
employee skills and functions, degree of functional | ||||||
4 | integration,
interchangeability and contact among employees, | ||||||
5 | common supervision, wages,
hours and other working conditions | ||||||
6 | of the employees involved, and the desires
of the employees. | ||||||
7 | Nothing in this Act, except as herein provided, shall
interfere | ||||||
8 | with or negate the
current representation rights or patterns | ||||||
9 | and practices of employee
organizations which have | ||||||
10 | historically represented employees for the purposes of
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11 | collective bargaining, including but not limited to the | ||||||
12 | negotiations of wages,
hours and working conditions, | ||||||
13 | resolutions of employees' grievances, or
resolution of | ||||||
14 | jurisdictional disputes, or the establishment and maintenance | ||||||
15 | of
prevailing wage rates, unless a majority of the employees so | ||||||
16 | represented
expresses a contrary desire under the procedures | ||||||
17 | set forth in this Act. This
Section, however, does not prohibit | ||||||
18 | multi-unit bargaining. Notwithstanding the
above factors, | ||||||
19 | where the majority of public employees of a craft so decide, | ||||||
20 | the
Board shall designate such craft as a unit appropriate for | ||||||
21 | the purposes of
collective bargaining.
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22 | The sole appropriate bargaining unit for tenured and | ||||||
23 | tenure-track
academic faculty at
each campus
of
the
University | ||||||
24 | of Illinois shall be a unit that is comprised of
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25 | non-supervisory academic faculty employed more than half-time | ||||||
26 | and
that includes all tenured and tenure-track
faculty
of that |
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1 | University campus employed by the board of trustees in all of | ||||||
2 | the campus's undergraduate, graduate, and
professional
schools | ||||||
3 | and degree and non-degree programs
(with the exception of the | ||||||
4 | college of medicine, the college of pharmacy,
the college of | ||||||
5 | dentistry, the college of law, and the college of veterinary
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6 | medicine, each of which shall have its own separate unit), | ||||||
7 | regardless of
current
or
historical representation rights or | ||||||
8 | patterns or the application of any
other factors. Any decision, | ||||||
9 | rule, or regulation promulgated by the
Board to the contrary | ||||||
10 | shall be null and void.
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11 | (b) An educational employer shall voluntarily recognize a | ||||||
12 | labor organization
for collective bargaining purposes if that | ||||||
13 | organization appears to represent
a majority of employees in | ||||||
14 | the unit. The employer shall post notice
of its intent to so | ||||||
15 | recognize for a period of at least 20 school days on
bulletin | ||||||
16 | boards or other places used or reserved for employee notices.
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17 | Thereafter, the employer, if satisfied as to the majority | ||||||
18 | status of the
employee organization, shall send written | ||||||
19 | notification of such recognition
to the Board for | ||||||
20 | certification.
Any dispute regarding the majority status of
a | ||||||
21 | labor organization shall be
resolved by the Board which shall | ||||||
22 | make the determination of majority
status.
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23 | Within the 20 day notice period, however, any other | ||||||
24 | interested employee
organization may petition the Board to seek | ||||||
25 | recognition as the exclusive
representative of the unit in the | ||||||
26 | manner specified by rules and regulations
prescribed by the |
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1 | Board, if such interested employee organization has been
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2 | designated by at least 15% of the employees in an appropriate | ||||||
3 | bargaining unit
which includes all or some of the employees in | ||||||
4 | the unit intended to be
recognized by the employer. In such | ||||||
5 | event, the Board shall proceed with the
petition in the same | ||||||
6 | manner as provided in paragraph (c) of this Section.
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7 | (c) A labor organization may also gain recognition as the | ||||||
8 | exclusive
representative by an election of the employees in the | ||||||
9 | unit. Petitions
requesting an election may be filed with the | ||||||
10 | Board:
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11 | (1) by an employee or group of employees or any labor | ||||||
12 | organizations acting
on their behalf alleging and | ||||||
13 | presenting evidence that 30% or more of the
employees in a | ||||||
14 | bargaining unit wish to be represented for collective | ||||||
15 | bargaining
or that the labor organization which has been | ||||||
16 | acting as the exclusive
bargaining representative is no | ||||||
17 | longer representative of a majority of the
employees in the | ||||||
18 | unit; or
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19 | (2) by an employer alleging that one or more labor | ||||||
20 | organizations have
presented a claim to be recognized as an | ||||||
21 | exclusive bargaining representative
of a majority of the | ||||||
22 | employees in an appropriate unit and that it doubts
the | ||||||
23 | majority status of any of the organizations or that it | ||||||
24 | doubts the majority
status of an exclusive bargaining | ||||||
25 | representative.
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26 | The Board shall investigate the petition and if it has |
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1 | reasonable cause to
suspect that a question of representation | ||||||
2 | exists, it shall give notice and
conduct a hearing. If it finds | ||||||
3 | upon the record of the hearing that a question
of | ||||||
4 | representation exists, it shall direct an election, which shall | ||||||
5 | be held no
later than 90 days after the date the petition was | ||||||
6 | filed. Nothing prohibits
the waiving of hearings by the parties | ||||||
7 | and the conduct of consent elections.
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8 | (c-5) The Board shall designate an exclusive | ||||||
9 | representative for purposes
of
collective bargaining when the | ||||||
10 | representative demonstrates a showing of
majority interest by | ||||||
11 | employees in the unit. If the parties to a dispute are
without
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12 | agreement on the means to ascertain the choice, if any, of | ||||||
13 | employee
organization as their representative, the Board shall | ||||||
14 | ascertain the employees'
choice of
employee organization, on | ||||||
15 | the basis of dues deduction authorization and other
evidence, | ||||||
16 | or, if necessary, by conducting an election. If either party | ||||||
17 | provides
to the Board, before the designation of a | ||||||
18 | representative, clear and convincing
evidence that the dues | ||||||
19 | deduction authorizations, or and other evidence upon which
the | ||||||
20 | Board would otherwise rely to ascertain the employees' choice | ||||||
21 | of
representative, are fraudulent or were obtained through | ||||||
22 | coercion, the Board
shall promptly thereafter conduct an | ||||||
23 | election. The Board shall also investigate
and consider a | ||||||
24 | party's allegations that the dues deduction authorizations and
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25 | other evidence submitted in support of a designation of | ||||||
26 | representative without
an election were subsequently changed, |
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1 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
2 | coercion, or any other unfair labor practice by the
employer. | ||||||
3 | If the Board determines that a labor organization would have | ||||||
4 | had a
majority interest but for an employer's fraud, coercion, | ||||||
5 | or unfair labor
practice, it shall designate the labor | ||||||
6 | organization as an exclusive
representative without conducting | ||||||
7 | an election.
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8 | (d) An order of the Board dismissing a representation | ||||||
9 | petition, determining
and certifying that a labor organization | ||||||
10 | has been fairly and freely chosen by a
majority of employees in | ||||||
11 | an appropriate bargaining unit, determining and
certifying | ||||||
12 | that a labor organization has not been fairly and freely chosen | ||||||
13 | by a
majority of employees in the bargaining unit or certifying | ||||||
14 | a labor organization
as the exclusive representative of | ||||||
15 | employees in an appropriate bargaining unit
because of a | ||||||
16 | determination by the Board that the labor organization is the
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17 | historical bargaining representative of employees in the | ||||||
18 | bargaining unit,
is a final order. Any person aggrieved by any | ||||||
19 | such order issued on or after
the effective date of this | ||||||
20 | amendatory Act of 1987 may apply for and obtain
judicial review | ||||||
21 | in accordance with provisions of the Administrative Review Law,
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22 | as now or hereafter amended, except that such review shall be | ||||||
23 | afforded directly
in the Appellate Court of a judicial district | ||||||
24 | in which the Board maintains an
office. Any direct appeal to | ||||||
25 | the Appellate Court shall be filed within 35 days
from the date | ||||||
26 | that a copy of the decision sought to be reviewed was served |
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1 | upon
the party affected by the decision.
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2 | No election may be conducted in any bargaining unit during | ||||||
3 | the term of
a collective bargaining agreement covering such | ||||||
4 | unit or subdivision thereof,
except the Board may direct an | ||||||
5 | election after the filing
of a petition between January 15 and | ||||||
6 | March 1 of the final year of a collective
bargaining agreement. | ||||||
7 | Nothing in this Section prohibits the negotiation
of a | ||||||
8 | collective bargaining agreement covering a period not | ||||||
9 | exceeding 3 years.
A collective bargaining agreement of less | ||||||
10 | than 3 years may be extended up
to 3 years by the parties if the | ||||||
11 | extension is agreed to in writing before
the filing of a | ||||||
12 | petition under this Section. In such case, the final year
of | ||||||
13 | the extension is the final year of the collective bargaining | ||||||
14 | agreement.
No election may be conducted in a bargaining unit, | ||||||
15 | or subdivision thereof,
in which a valid election has been held | ||||||
16 | within the preceding 12 month period.
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17 | (Source: P.A. 95-331, eff. 8-21-07.)
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