103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5324

 

Introduced 2/9/2024, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/5  from Ch. 48, par. 1605
5 ILCS 315/11  from Ch. 48, par. 1611
115 ILCS 5/5  from Ch. 48, par. 1705
115 ILCS 5/15  from Ch. 48, par. 1715

    Amends the Illinois Public Labor Relations Act. Specifies the annual reporting requirements of the Illinois Labor Relations Board and Illinois Educational and Labor Relations Board. Provides that the Board shall maintain the following schedule upon the filing of unfair labor practice charges filed under this Act: (i) complete the investigation and issue a complaint, dismissal or deferral within 30 days of the charges being filed; (ii) if a complaint is issued, a hearing shall be scheduled to begin within 30 days of its issuance; (iii) post-hearing briefs shall be issued within 30 days of the close of the hearing; and (iv) recommended decisions and orders shall be issued within 45 days of the submission of post-hearing briefs.


LRB103 38896 MXP 69033 b

 

 

A BILL FOR

 

HB5324LRB103 38896 MXP 69033 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 5 and 11 as follows:
 
6    (5 ILCS 315/5)  (from Ch. 48, par. 1605)
7    Sec. 5. Illinois Labor Relations Board; State Panel; Local
8Panel.
9    (a) There is created the Illinois Labor Relations Board.
10The Board shall be comprised of 2 panels, to be known as the
11State Panel and the Local Panel.
12    (a-5) The State Panel shall have jurisdiction over
13collective bargaining matters between employee organizations
14and the State of Illinois, excluding the General Assembly of
15the State of Illinois, between employee organizations and
16units of local government and school districts with a
17population not in excess of 2 million persons, and between
18employee organizations and the Regional Transportation
19Authority.
20    The State Panel shall consist of 5 members appointed by
21the Governor, with the advice and consent of the Senate. The
22Governor shall appoint to the State Panel only persons who
23have had a minimum of 5 years of experience directly related to

 

 

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1labor and employment relations in representing public
2employers, private employers or labor organizations; or
3teaching labor or employment relations; or administering
4executive orders or regulations applicable to labor or
5employment relations. At the time of his or her appointment,
6each member of the State Panel shall be an Illinois resident.
7The Governor shall designate one member to serve as the
8Chairman of the State Panel and the Board.
9    Notwithstanding any other provision of this Section, the
10term of each member of the State Panel who was appointed by the
11Governor and is in office on June 30, 2003 shall terminate at
12the close of business on that date or when all of the successor
13members to be appointed pursuant to this amendatory Act of the
1493rd General Assembly have been appointed by the Governor,
15whichever occurs later. As soon as possible, the Governor
16shall appoint persons to fill the vacancies created by this
17amendatory Act.
18    The initial appointments under this amendatory Act of the
1993rd General Assembly shall be for terms as follows: The
20Chairman shall initially be appointed for a term ending on the
214th Monday in January, 2007; 2 members shall be initially
22appointed for terms ending on the 4th Monday in January, 2006;
23one member shall be initially appointed for a term ending on
24the 4th Monday in January, 2005; and one member shall be
25initially appointed for a term ending on the 4th Monday in
26January, 2004. Each subsequent member shall be appointed for a

 

 

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1term of 4 years, commencing on the 4th Monday in January. Upon
2expiration of the term of office of any appointive member,
3that member shall continue to serve until a successor shall be
4appointed and qualified. In case of a vacancy, a successor
5shall be appointed to serve for the unexpired portion of the
6term. If the Senate is not in session at the time the initial
7appointments are made, the Governor shall make temporary
8appointments in the same manner successors are appointed to
9fill vacancies. A temporary appointment shall remain in effect
10no longer than 20 calendar days after the commencement of the
11next Senate session.
12    (b) The Local Panel shall have jurisdiction over
13collective bargaining agreement matters between employee
14organizations and units of local government with a population
15in excess of 2 million persons, but excluding the Regional
16Transportation Authority.
17    The Local Panel shall consist of one person appointed by
18the Governor with the advice and consent of the Senate (or, if
19no such person is appointed, the Chairman of the State Panel)
20and two additional members, one appointed by the Mayor of the
21City of Chicago and one appointed by the President of the Cook
22County Board of Commissioners. Appointees to the Local Panel
23must have had a minimum of 5 years of experience directly
24related to labor and employment relations in representing
25public employers, private employers or labor organizations; or
26teaching labor or employment relations; or administering

 

 

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1executive orders or regulations applicable to labor or
2employment relations. Each member of the Local Panel shall be
3an Illinois resident at the time of his or her appointment. The
4member appointed by the Governor (or, if no such person is
5appointed, the Chairman of the State Panel) shall serve as the
6Chairman of the Local Panel.
7    Notwithstanding any other provision of this Section, the
8term of the member of the Local Panel who was appointed by the
9Governor and is in office on June 30, 2003 shall terminate at
10the close of business on that date or when his or her successor
11has been appointed by the Governor, whichever occurs later. As
12soon as possible, the Governor shall appoint a person to fill
13the vacancy created by this amendatory Act. The initial
14appointment under this amendatory Act of the 93rd General
15Assembly shall be for a term ending on the 4th Monday in
16January, 2007.
17    The initial appointments under this amendatory Act of the
1891st General Assembly shall be for terms as follows: The
19member appointed by the Governor shall initially be appointed
20for a term ending on the 4th Monday in January, 2001; the
21member appointed by the President of the Cook County Board
22shall be initially appointed for a term ending on the 4th
23Monday in January, 2003; and the member appointed by the Mayor
24of the City of Chicago shall be initially appointed for a term
25ending on the 4th Monday in January, 2004. Each subsequent
26member shall be appointed for a term of 4 years, commencing on

 

 

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1the 4th Monday in January. Upon expiration of the term of
2office of any appointive member, the member shall continue to
3serve until a successor shall be appointed and qualified. In
4the case of a vacancy, a successor shall be appointed by the
5applicable appointive authority to serve for the unexpired
6portion of the term.
7    (c) Three members of the State Panel shall at all times
8constitute a quorum. Two members of the Local Panel shall at
9all times constitute a quorum. A vacancy on a panel does not
10impair the right of the remaining members to exercise all of
11the powers of that panel. Each panel shall adopt an official
12seal which shall be judicially noticed. The salary of the
13Chairman of the State Panel shall be $82,429 per year, or as
14set by the Compensation Review Board, whichever is greater,
15and that of the other members of the State and Local Panels
16shall be $74,188 per year, or as set by the Compensation Review
17Board, whichever is greater.
18    (d) Each member shall devote his or her entire time to the
19duties of the office, and shall hold no other office or
20position of profit, nor engage in any other business,
21employment, or vocation. No member shall hold any other public
22office or be employed as a labor or management representative
23by the State or any political subdivision of the State or of
24any department or agency thereof, or actively represent or act
25on behalf of an employer or an employee organization or an
26employer in labor relations matters. Any member of the State

 

 

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1Panel may be removed from office by the Governor for
2inefficiency, neglect of duty, misconduct or malfeasance in
3office, and for no other cause, and only upon notice and
4hearing. Any member of the Local Panel may be removed from
5office by the applicable appointive authority for
6inefficiency, neglect of duty, misconduct or malfeasance in
7office, and for no other cause, and only upon notice and
8hearing.
9    (e) Each panel at the end of every State fiscal year shall
10make a report in writing to the Governor and the General
11Assembly, stating in detail the work it has done in hearing and
12deciding cases and otherwise. Each panel's report shall
13include:
14        (1) the number of unfair labor practice charges filed
15    during the fiscal year;
16        (2) the number of unfair labor practice charges
17    resolved during the fiscal year;
18        (3) the total number of unfair labor charges pending
19    before the Board at the end of the fiscal year;
20        (4) the number of unfair labor charge cases at the end
21    of the fiscal year that have been pending before the Board
22    between 1 and 100 days, 101 and 130 days and over 130 days;
23        (5) the number of representation cases and unit
24    clarification cases filed during the fiscal year;
25        (6) the number of representation cases and unit
26    clarification cases resolved during the fiscal year;

 

 

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1        (7) the total number of representation cases and unit
2    clarification cases pending before the Board at the end of
3    the fiscal year; and
4        (8) the number of representation cases and unit
5    clarification cases at the end of the fiscal year that
6    have been pending before the Board between 1 and 120 days,
7    121 and 180 days, and over 180 days.
8    (f) In order to accomplish the objectives and carry out
9the duties prescribed by this Act, a panel or its authorized
10designees may hold elections to determine whether a labor
11organization has majority status; investigate and attempt to
12resolve or settle charges of unfair labor practices; hold
13hearings in order to carry out its functions; develop and
14effectuate appropriate impasse resolution procedures for
15purposes of resolving labor disputes; require the appearance
16of witnesses and the production of evidence on any matter
17under inquiry; and administer oaths and affirmations. The
18panels shall sign and report in full an opinion in every case
19which they decide.
20    (g) Each panel may appoint or employ an executive
21director, attorneys, hearing officers, mediators,
22fact-finders, arbitrators, and such other employees as it may
23deem necessary to perform its functions. The governing boards
24shall prescribe the duties and qualifications of such persons
25appointed and, subject to the annual appropriation, fix their
26compensation and provide for reimbursement of actual and

 

 

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1necessary expenses incurred in the performance of their
2duties. The Board shall employ a minimum of 16 attorneys and 6
3investigators.
4    (h) Each panel shall exercise general supervision over all
5attorneys which it employs and over the other persons employed
6to provide necessary support services for such attorneys. The
7panels shall have final authority in respect to complaints
8brought pursuant to this Act.
9    (i) The following rules and regulations shall be adopted
10by the panels meeting in joint session: (1) procedural rules
11and regulations which shall govern all Board proceedings; (2)
12procedures for election of exclusive bargaining
13representatives pursuant to Section 9, except for the
14determination of appropriate bargaining units; and (3)
15appointment of counsel pursuant to subsection (k) of this
16Section.
17    (j) Rules and regulations may be adopted, amended or
18rescinded only upon a vote of 5 of the members of the State and
19Local Panels meeting in joint session. The adoption, amendment
20or rescission of rules and regulations shall be in conformity
21with the requirements of the Illinois Administrative Procedure
22Act.
23    (k) The panels in joint session shall promulgate rules and
24regulations providing for the appointment of attorneys or
25other Board representatives to represent persons in unfair
26labor practice proceedings before a panel. The regulations

 

 

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1governing appointment shall require the applicant to
2demonstrate an inability to pay for or inability to otherwise
3provide for adequate representation before a panel. Such rules
4must also provide: (1) that an attorney may not be appointed in
5cases which, in the opinion of a panel, are clearly without
6merit; (2) the stage of the unfair labor proceeding at which
7counsel will be appointed; and (3) the circumstances under
8which a client will be allowed to select counsel.
9    (1) The panels in joint session may promulgate rules and
10regulations which allow parties in proceedings before a panel
11to be represented by counsel or any other representative of
12the party's choice.
13    (m) The Chairman of the State Panel shall serve as
14Chairman of a joint session of the panels. Attendance of at
15least 2 members of the State Panel and at least one member of
16the Local Panel, in addition to the Chairman, shall constitute
17a quorum at a joint session. The panels shall meet in joint
18session at least annually.
19(Source: P.A. 96-813, eff. 10-30-09.)
 
20    (5 ILCS 315/11)  (from Ch. 48, par. 1611)
21    Sec. 11. Unfair labor practice procedures. Unfair labor
22practices may be dealt with by the Board in the following
23manner:
24    (a) Whenever it is charged that any person has engaged in
25or is engaging in any unfair labor practice, the Board or any

 

 

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1agent designated by the Board for such purposes, shall conduct
2an investigation of the charge. If after such investigation
3the Board finds that the charge involves a dispositive issue
4of law or fact the Board shall issue a complaint and cause to
5be served upon the person a complaint stating the charges,
6accompanied by a notice of hearing before the Board or a member
7thereof designated by the Board, or before a qualified hearing
8officer designated by the Board at the offices of the Board or
9such other location as the Board deems appropriate, not less
10than 5 days after serving of such complaint provided that no
11complaint shall issue based upon any unfair labor practice
12occurring more than six months prior to the filing of a charge
13with the Board and the service of a copy thereof upon the
14person against whom the charge is made, unless the person
15aggrieved thereby did not reasonably have knowledge of the
16alleged unfair labor practice or was prevented from filing
17such a charge by reason of service in the armed forces, in
18which event the six month period shall be computed from the
19date of his discharge. Any such complaint may be amended by the
20member or hearing officer conducting the hearing for the Board
21in his discretion at any time prior to the issuance of an order
22based thereon. The person who is the subject of the complaint
23has the right to file an answer to the original or amended
24complaint and to appear in person or by a representative and
25give testimony at the place and time fixed in the complaint. In
26the discretion of the member or hearing officer conducting the

 

 

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1hearing or the Board, any other person may be allowed to
2intervene in the proceeding and to present testimony. In any
3hearing conducted by the Board, neither the Board nor the
4member or agent conducting the hearing shall be bound by the
5rules of evidence applicable to courts, except as to the rules
6of privilege recognized by law.
7    (b) The Board shall have the power to issue subpoenas and
8administer oaths. If any party wilfully fails or neglects to
9appear or testify or to produce books, papers and records
10pursuant to the issuance of a subpoena by the Board, the Board
11may apply to a court of competent jurisdiction to request that
12such party be ordered to appear before the Board to testify or
13produce the requested evidence.
14    (c) Any testimony taken by the Board, or a member
15designated by the Board or a hearing officer thereof, must be
16reduced to writing and filed with the Board. A full and
17complete record shall be kept of all proceedings before the
18Board, and all proceedings shall be transcribed by a reporter
19appointed by the Board. The party on whom the burden of proof
20rests shall be required to sustain such burden by a
21preponderance of the evidence. If, upon a preponderance of the
22evidence taken, the Board is of the opinion that any person
23named in the charge has engaged in or is engaging in an unfair
24labor practice, then it shall state its findings of fact and
25shall issue and cause to be served upon the person an order
26requiring him to cease and desist from the unfair labor

 

 

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1practice, and to take such affirmative action, including
2reinstatement of public employees with or without back pay, as
3will effectuate the policies of this Act. If the Board awards
4back pay, it shall also award interest at the rate of 7% per
5annum. The Board's order may further require the person to
6make reports from time to time, and demonstrate the extent to
7which he has complied with the order. If there is no
8preponderance of evidence to indicate to the Board that the
9person named in the charge has engaged in or is engaging in the
10unfair labor practice, then the Board shall state its findings
11of fact and shall issue an order dismissing the complaint. The
12Board's order may in its discretion also include an
13appropriate sanction, based on the Board's rules and
14regulations, and the sanction may include an order to pay the
15other party or parties' reasonable expenses including costs
16and reasonable attorney's fee, if the other party has made
17allegations or denials without reasonable cause and found to
18be untrue or has engaged in frivolous litigation for the
19purpose of delay or needless increase in the cost of
20litigation; the State of Illinois or any agency thereof shall
21be subject to the provisions of this sentence in the same
22manner as any other party.
23    (d) Until the record in a case has been filed in court, the
24Board at any time, upon reasonable notice and in such manner as
25it deems proper, may modify or set aside, in whole or in part,
26any finding or order made or issued by it.

 

 

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1    (e) A charging party or any person aggrieved by a final
2order of the Board granting or denying in whole or in part the
3relief sought may apply for and obtain judicial review of an
4order of the Board entered under this Act, in accordance with
5the provisions of the Administrative Review Law, as now or
6hereafter amended, except that such judicial review shall be
7afforded directly in the appellate court for the district in
8which the aggrieved party resides or transacts business, and
9provided, that such judicial review shall not be available for
10the purpose of challenging a final order issued by the Board
11pursuant to Section 9 of this Act for which judicial review has
12been petitioned pursuant to subsection (i) of Section 9. Any
13direct appeal to the Appellate Court shall be filed within 35
14days from the date that a copy of the decision sought to be
15reviewed was served upon the party affected by the decision.
16The filing of such an appeal to the Appellate Court shall not
17automatically stay the enforcement of the Board's order. An
18aggrieved party may apply to the Appellate Court for a stay of
19the enforcement of the Board's order after the aggrieved party
20has followed the procedure prescribed by Supreme Court Rule
21335. The Board in proceedings under this Section may obtain an
22order of the court for the enforcement of its order.
23    (f) Whenever it appears that any person has violated a
24final order of the Board issued pursuant to this Section, the
25Board must commence an action in the name of the People of the
26State of Illinois by petition, alleging the violation,

 

 

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1attaching a copy of the order of the Board, and praying for the
2issuance of an order directing the person, his officers,
3agents, servants, successors, and assigns to comply with the
4order of the Board. The Board shall be represented in this
5action by the Attorney General in accordance with the Attorney
6General Act. The court may grant or refuse, in whole or in
7part, the relief sought, provided that the court may stay an
8order of the Board in accordance with the Administrative
9Review Law, pending disposition of the proceedings. The court
10may punish a violation of its order as in civil contempt.
11    (g) The proceedings provided in paragraph (f) of this
12Section shall be commenced in the Appellate Court for the
13district where the unfair labor practice which is the subject
14of the Board's order was committed, or where a person required
15to cease and desist by such order resides or transacts
16business.
17    (h) The Board through the Attorney General, shall have
18power, upon issuance of an unfair labor practice complaint
19alleging that a person has engaged in or is engaging in an
20unfair labor practice, to petition the circuit court where the
21alleged unfair labor practice which is the subject of the
22Board's complaint was allegedly committed, or where a person
23required to cease and desist from such alleged unfair labor
24practice resides or transacts business, for appropriate
25temporary relief or restraining order. Upon the filing of any
26such petition, the court shall cause notice thereof to be

 

 

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1served upon such persons, and thereupon shall have
2jurisdiction to grant to the Board such temporary relief or
3restraining order as it deems just and proper.
4    (i) If an unfair labor practice charge involves the
5interpretation or application of a collective bargaining
6agreement and said agreement contains a grievance procedure
7with binding arbitration as its terminal step, the Board may
8defer the resolution of such dispute to the grievance and
9arbitration procedure contained in said agreement.
10    (j) The Board shall maintain the following schedule upon
11the filing of unfair labor practice charges filed under
12subsection (a) of Section 10:
13        (1) Complete the investigation and issue a complaint,
14    dismissal, or deferral within 30 days of the charges being
15    filed.
16        (2) If a complaint is issued, a hearing shall be
17    scheduled to begin within 30 days of its issuance.
18        (3) Post-hearing briefs shall be issued within 30 days
19    of the close of the hearing.
20        (4) Recommended decisions and orders shall be issued
21    within 45 days of the submission of post-hearing briefs.
22    Issuance of said decision shall be no longer than 150 days
23    after the filing of the charge, except the Board may
24    extend the time for deciding the unfair labor practice
25    charge by 30 days upon its own motion. Additional
26    extensions may be made by the agreement of the charging

 

 

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1    party.
2(Source: P.A. 100-516, eff. 9-22-17.)
 
3    Section 10. The Illinois Educational Labor Relations Act
4is amended by changing Sections 5 and 15 as follows:
 
5    (115 ILCS 5/5)  (from Ch. 48, par. 1705)
6    Sec. 5. Illinois Educational Labor Relations Board.
7    (a) There is hereby created the Illinois Educational Labor
8Relations Board.
9    (a-5) Until July 1, 2003 or when all of the new members to
10be initially appointed under this amendatory Act of the 93rd
11General Assembly have been appointed by the Governor,
12whichever occurs later, the Illinois Educational Labor
13Relations Board shall consist of 7 members, no more than 4 of
14whom may be of the same political party, who are residents of
15Illinois appointed by the Governor with the advice and consent
16of the Senate.
17    The term of each appointed member of the Board who is in
18office on June 30, 2003 shall terminate at the close of
19business on that date or when all of the new members to be
20initially appointed under this amendatory Act of the 93rd
21General Assembly have been appointed by the Governor,
22whichever occurs later.
23    (b) Beginning on July 1, 2003 or when all of the new
24members to be initially appointed under this amendatory Act of

 

 

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1the 93rd General Assembly have been appointed by the Governor,
2whichever occurs later, the Illinois Educational Labor
3Relations Board shall consist of 5 members appointed by the
4Governor with the advice and consent of the Senate. No more
5than 3 members may be of the same political party.
6    The Governor shall appoint to the Board only persons who
7are residents of Illinois and have had a minimum of 5 years of
8experience directly related to labor and employment relations
9in representing educational employers or educational employees
10in collective bargaining matters. One appointed member shall
11be designated at the time of his or her appointment to serve as
12chairman.
13    Of the initial members appointed pursuant to this
14amendatory Act of the 93rd General Assembly, 2 shall be
15designated at the time of appointment to serve a term of 6
16years, 2 shall be designated at the time of appointment to
17serve a term of 4 years, and the other shall be designated at
18the time of his or her appointment to serve a term of 4 years,
19with each to serve until his or her successor is appointed and
20qualified.
21     Each subsequent member shall be appointed in like manner
22for a term of 6 years and until his or her successor is
23appointed and qualified. Each member of the Board is eligible
24for reappointment. Vacancies shall be filled in the same
25manner as original appointments for the balance of the
26unexpired term.

 

 

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1    (c) The chairman shall be paid $50,000 per year, or an
2amount set by the Compensation Review Board, whichever is
3greater. Other members of the Board shall each be paid $45,000
4per year, or an amount set by the Compensation Review Board,
5whichever is greater. They shall be entitled to reimbursement
6for necessary traveling and other official expenditures
7necessitated by their official duties.
8    Each member shall devote his entire time to the duties of
9the office, and shall hold no other office or position of
10profit, nor engage in any other business, employment or
11vocation.
12    (d) Three members of the Board constitute a quorum and a
13vacancy on the Board does not impair the right of the remaining
14members to exercise all of the powers of the Board.
15    (e) Any member of the Board may be removed by the Governor,
16upon notice, for neglect of duty or malfeasance in office, but
17for no other cause.
18    (f) The Board may appoint or employ an executive director,
19attorneys, hearing officers, and such other employees as it
20deems necessary to perform its functions, except that the
21Board shall employ a minimum of 8 attorneys and 5
22investigators. The Board shall prescribe the duties and
23qualifications of such persons appointed and, subject to the
24annual appropriation, fix their compensation and provide for
25reimbursement of actual and necessary expenses incurred in the
26performance of their duties.

 

 

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1    (g) The Board may promulgate rules and regulations which
2allow parties in proceedings before the Board to be
3represented by counsel or any other person knowledgeable in
4the matters under consideration.
5    (h) To accomplish the objectives and to carry out the
6duties prescribed by this Act, the Board may subpoena
7witnesses, subpoena the production of books, papers, records
8and documents which may be needed as evidence on any matter
9under inquiry and may administer oaths and affirmations.
10    In cases of neglect or refusal to obey a subpoena issued to
11any person, the circuit court in the county in which the
12investigation or the public hearing is taking place, upon
13application by the Board, may issue an order requiring such
14person to appear before the Board or any member or agent of the
15Board to produce evidence or give testimony. A failure to obey
16such order may be punished by the court as in civil contempt.
17    Any subpoena, notice of hearing, or other process or
18notice of the Board issued under the provisions of this Act may
19be served by one of the methods permitted in the Board's rules.
20    (i) The Board shall adopt, promulgate, amend, or rescind
21rules and regulations in accordance with the Illinois
22Administrative Procedure Act as it deems necessary and
23feasible to carry out this Act.
24    (j) The Board at the end of every State fiscal year shall
25make a report in writing to the Governor and the General
26Assembly, stating in detail the work it has done in hearing and

 

 

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1deciding cases and otherwise. The Board's report shall
2include:
3        (1) the number of unfair labor practice charges filed
4    during the fiscal year;
5        (2) the number of unfair labor practice charges
6    resolved during the fiscal year;
7        (3) the total number of unfair labor charges pending
8    before the Board at the end of the fiscal year;
9        (4) the number of unfair labor charge cases at the end
10    of the fiscal year that have been pending before the Board
11    between 1 and 100 days, 101 and 130 days, and over 130
12    days;
13        (5) the number of representation cases and unit
14    clarification cases filed during the fiscal year;
15        (6) the number of representation cases and unit
16    clarification cases resolved during the fiscal year;
17        (7) the total number of representation cases and unit
18    clarification cases pending before the Board at the end of
19    the fiscal year; and
20        (8) the number of representation cases and unit
21    clarification cases at the end of the fiscal year that
22    have been pending before the Board between 1 and 120 days,
23    121 and 180 days, and over 180 days.
24(Source: P.A. 102-797, eff. 1-1-23.)
 
25    (115 ILCS 5/15)  (from Ch. 48, par. 1715)

 

 

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1    Sec. 15. Unfair labor practice procedure. A charge of
2unfair labor practice may be filed with the Board by an
3employer, an individual or a labor organization. If the Board
4after investigation finds that the charge states an issue of
5law or fact, it shall issue and cause to be served upon the
6party complained of a complaint which fully states the charges
7and thereupon hold a hearing on the charges, giving at least 5
8days' notice to the parties. At hearing, the charging party
9may also present evidence in support of the charges and the
10party charged may file an answer to the charges, appear in
11person or by attorney, and present evidence in defense against
12the charges.
13    The Board has the power to issue subpoenas and administer
14oaths. If any party wilfully fails or neglects to appear or
15testify or to produce books, papers and records pursuant to
16subpoena issued by the Board, the Board shall apply to the
17circuit court for an order to compel the attendance of the
18party at the hearing to testify or produce requested
19documents.
20    If the Board finds that the party charged has committed an
21unfair labor practice, it shall make findings of fact and is
22empowered to issue an order requiring the party charged to
23stop the unfair practice, and may take additional affirmative
24action, including requiring the party to make reports from
25time to time showing the extent to which he or she has complied
26with the order. No order shall be issued upon an unfair

 

 

HB5324- 22 -LRB103 38896 MXP 69033 b

1practice occurring more than 6 months before the filing of the
2charge alleging the unfair labor practice. If the Board awards
3back pay, it shall also award interest at the rate of 7% per
4annum. If the Board finds that the party charged has not
5committed any unfair labor practice, findings of fact shall be
6made and an order issued dismissing the charges.
7    The Board may petition the circuit court of the county in
8which the unfair labor practice in question occurred or where
9the party charged with the unfair labor practice resides or
10transacts business to enforce an order and for other relief
11which may include, but is not limited to, injunctions. The
12Board's order may in its discretion also include an
13appropriate sanction, based on the Board's rules and
14regulations, and the sanction may include an order to pay the
15other party or parties' reasonable expenses including costs
16and reasonable attorney's fee, if the other party has made
17allegations or denials without reasonable cause and found to
18be untrue or has engaged in frivolous litigation for the
19purpose of delay or needless increase in the cost of
20litigation; the State of Illinois or any agency thereof shall
21be subject to the provisions of this sentence in the same
22manner as any other party.
23    The Board shall maintain the following schedule upon the
24filing of unfair labor practice charges filed under subsection
25(a) of Section 10:
26        (1) Complete the investigation and issue a complaint,

 

 

HB5324- 23 -LRB103 38896 MXP 69033 b

1    dismissal or deferral within 30 days of the charges being
2    filed.
3        (2) If a complaint is issued, a hearing shall be
4    scheduled to begin within 30 days of its issuance.
5        (3) Post-hearing briefs shall be issued within 30 days
6    of the close of the hearing.
7        (4) Recommended decisions and orders shall be issued
8    within 45 days of the submission of post-hearing briefs.
9    Issuance of said decision shall be no longer than 150 days
10    after the filing of the charge, except the Board may
11    extend the time for deciding the unfair labor practice
12    charge by 30 days upon its own motion. Additional
13    extensions may be made by the agreement of the charging
14    party.
15(Source: P.A. 86-412; 87-736.)