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093_HB3064
LRB093 08759 JAM 08990 b
1 AN ACT concerning public labor relations.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Labor Relations Act is
5 amended by changing Sections 3 and 9 as follows:
6 (5 ILCS 315/3) (from Ch. 48, par. 1603)
7 Sec. 3. Definitions. As used in this Act, unless the
8 context otherwise requires:
9 (a) "Board" means the Illinois Labor Relations Board or,
10 with respect to a matter over which the jurisdiction of the
11 Board is assigned to the State Panel or the Local Panel under
12 Section 5, the panel having jurisdiction over the matter.
13 (b) "Collective bargaining" means bargaining over terms
14 and conditions of employment, including hours, wages, and
15 other conditions of employment, as detailed in Section 7 and
16 which are not excluded by Section 4.
17 (c) "Confidential employee" means an employee who, in
18 the regular course of his or her duties, assists and acts in
19 a confidential capacity to persons who formulate, determine,
20 and effectuate management policies with regard to labor
21 relations or who, in the regular course of his or her duties,
22 has authorized access to information relating to the
23 effectuation or review of the employer's collective
24 bargaining policies.
25 (d) "Craft employees" means skilled journeymen, crafts
26 persons, and their apprentices and helpers.
27 (e) "Essential services employees" means those public
28 employees performing functions so essential that the
29 interruption or termination of the function will constitute a
30 clear and present danger to the health and safety of the
31 persons in the affected community.
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1 (f) "Exclusive representative", except with respect to
2 non-State fire fighters and paramedics employed by fire
3 departments and fire protection districts, non-State peace
4 officers, and peace officers in the Department of State
5 Police, means the labor organization that has been (i)
6 designated by the Board as the representative of a majority
7 of public employees in an appropriate bargaining unit in
8 accordance with the procedures contained in this Act, (ii)
9 historically recognized by the State of Illinois or any
10 political subdivision of the State before July 1, 1984 (the
11 effective date of this Act) as the exclusive representative
12 of the employees in an appropriate bargaining unit, or (iii)
13 after July 1, 1984 (the effective date of this Act)
14 recognized by an employer upon evidence, acceptable to the
15 Board, that the labor organization has been designated as the
16 exclusive representative by a majority of the employees in an
17 appropriate bargaining unit.
18 With respect to non-State fire fighters and paramedics
19 employed by fire departments and fire protection districts,
20 non-State peace officers, and peace officers in the
21 Department of State Police, "exclusive representative" means
22 the labor organization that has been (i) designated by the
23 Board as the representative of a majority of peace officers
24 or fire fighters in an appropriate bargaining unit in
25 accordance with the procedures contained in this Act, (ii)
26 historically recognized by the State of Illinois or any
27 political subdivision of the State before January 1, 1986
28 (the effective date of this amendatory Act of 1985) as the
29 exclusive representative by a majority of the peace officers
30 or fire fighters in an appropriate bargaining unit, or (iii)
31 after January 1, 1986 (the effective date of this amendatory
32 Act of 1985) recognized by an employer upon evidence,
33 acceptable to the Board, that the labor organization has been
34 designated as the exclusive representative by a majority of
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1 the peace officers or fire fighters in an appropriate
2 bargaining unit.
3 (g) "Fair share agreement" means an agreement between
4 the employer and an employee organization under which all or
5 any of the employees in a collective bargaining unit are
6 required to pay their proportionate share of the costs of the
7 collective bargaining process, contract administration, and
8 pursuing matters affecting wages, hours, and other conditions
9 of employment, but not to exceed the amount of dues uniformly
10 required of members. The amount certified by the exclusive
11 representative shall not include any fees for contributions
12 related to the election or support of any candidate for
13 political office. Nothing in this subsection (g) shall
14 preclude an employee from making voluntary political
15 contributions in conjunction with his or her fair share
16 payment.
17 (g-1) "Fire fighter" means, for the purposes of this Act
18 only, any person who has been or is hereafter appointed to a
19 fire department or fire protection district or employed by a
20 state university and sworn or commissioned to perform fire
21 fighter duties or paramedic duties, except that the following
22 persons are not included: part-time fire fighters, auxiliary,
23 reserve or voluntary fire fighters, including paid on-call
24 fire fighters, clerks and dispatchers or other civilian
25 employees of a fire department or fire protection district
26 who are not routinely expected to perform fire fighter
27 duties, or elected officials.
28 (g-2) "General Assembly of the State of Illinois" means
29 the legislative branch of the government of the State of
30 Illinois, as provided for under Article IV of the
31 Constitution of the State of Illinois, and includes but is
32 not limited to the House of Representatives, the Senate, the
33 Speaker of the House of Representatives, the Minority Leader
34 of the House of Representatives, the President of the Senate,
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1 the Minority Leader of the Senate, the Joint Committee on
2 Legislative Support Services and any legislative support
3 services agency listed in the Legislative Commission
4 Reorganization Act of 1984.
5 (h) "Governing body" means, in the case of the State,
6 the State Panel of the Illinois Labor Relations Board, the
7 Director of the Department of Central Management Services,
8 and the Director of the Department of Labor; the county board
9 in the case of a county; the corporate authorities in the
10 case of a municipality; and the appropriate body authorized
11 to provide for expenditures of its funds in the case of any
12 other unit of government.
13 (i) "Labor organization" means any organization in which
14 public employees participate and that exists for the purpose,
15 in whole or in part, of dealing with a public employer
16 concerning wages, hours, and other terms and conditions of
17 employment, including the settlement of grievances.
18 (j) "Managerial employee" means an individual who is
19 engaged predominantly in executive and management functions
20 and is charged with the responsibility of directing the
21 effectuation of management policies and practices. No
22 employee may be considered a "managerial employee" because he
23 or she belongs to a classification of employees to whom
24 executive and management functions may be delegated without
25 proof that the employee has actually been delegated executive
26 and management functions on a regular basis. No employee may
27 be considered a "managerial employee" because he or she
28 performs professional duties. In determining an employee's
29 status as a "managerial employee", the Board shall consider
30 the employee's actual job duties and responsibilities and the
31 extent to which the employee has actual authority concerning
32 the overall operations and governance of the employee's
33 office or workplace.
34 (k) "Peace officer" means, for the purposes of this Act
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1 only, any persons who have been or are hereafter appointed to
2 a police force, department, or agency and sworn or
3 commissioned to perform police duties, except that the
4 following persons are not included: part-time police
5 officers, special police officers, auxiliary police as
6 defined by Section 3.1-30-20 of the Illinois Municipal Code,
7 night watchmen, "merchant police", court security officers as
8 defined by Section 3-6012.1 of the Counties Code, temporary
9 employees, traffic guards or wardens, civilian parking meter
10 and parking facilities personnel or other individuals
11 specially appointed to aid or direct traffic at or near
12 schools or public functions or to aid in civil defense or
13 disaster, parking enforcement employees who are not
14 commissioned as peace officers and who are not armed and who
15 are not routinely expected to effect arrests, parking lot
16 attendants, clerks and dispatchers or other civilian
17 employees of a police department who are not routinely
18 expected to effect arrests, or elected officials.
19 (l) "Person" includes one or more individuals, labor
20 organizations, public employees, associations, corporations,
21 legal representatives, trustees, trustees in bankruptcy,
22 receivers, or the State of Illinois or any political
23 subdivision of the State or governing body, but does not
24 include the General Assembly of the State of Illinois or any
25 individual employed by the General Assembly of the State of
26 Illinois.
27 (m) "Professional employee" means any employee engaged
28 in work predominantly intellectual and varied in character
29 rather than routine mental, manual, mechanical or physical
30 work; involving the consistent exercise of discretion and
31 adjustment in its performance; of such a character that the
32 output produced or the result accomplished cannot be
33 standardized in relation to a given period of time; and
34 requiring advanced knowledge in a field of science or
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1 learning customarily acquired by a prolonged course of
2 specialized intellectual instruction and study in an
3 institution of higher learning or a hospital, as
4 distinguished from a general academic education or from
5 apprenticeship or from training in the performance of routine
6 mental, manual, or physical processes; or any employee who
7 has completed the courses of specialized intellectual
8 instruction and study prescribed in this subsection (m) and
9 is performing related work under the supervision of a
10 professional person to qualify to become a professional
11 employee as defined in this subsection (m).
12 (n) "Public employee" or "employee", for the purposes of
13 this Act, means any individual employed by a public employer,
14 including interns and residents at public hospitals, but
15 excluding all of the following: employees of the General
16 Assembly of the State of Illinois; elected officials;
17 executive heads of a department; members of boards or
18 commissions; employees of any agency, board or commission
19 created by this Act; employees appointed to State positions
20 of a temporary or emergency nature; all employees of school
21 districts and higher education institutions except
22 firefighters and peace officers employed by a state
23 university; managerial employees; short-term employees;
24 confidential employees; independent contractors; and
25 supervisors except as provided in this Act.
26 Notwithstanding Section 9, subsection (c), or any other
27 provisions of this Act, all peace officers above the rank of
28 captain in municipalities with more than 1,000,000
29 inhabitants shall be excluded from this Act.
30 (o) "Public employer" or "employer" means the State of
31 Illinois; any political subdivision of the State, unit of
32 local government or school district; authorities including
33 departments, divisions, bureaus, boards, commissions, or
34 other agencies of the foregoing entities; and any person
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1 acting within the scope of his or her authority, express or
2 implied, on behalf of those entities in dealing with its
3 employees. "Public employer" or "employer" as used in this
4 Act, however, does not mean and shall not include the General
5 Assembly of the State of Illinois and educational employers
6 or employers as defined in the Illinois Educational Labor
7 Relations Act, except with respect to a state university in
8 its employment of firefighters and peace officers. County
9 boards and county sheriffs shall be designated as joint or
10 co-employers of county peace officers appointed under the
11 authority of a county sheriff. Nothing in this subsection
12 (o) shall be construed to prevent the State Panel or the
13 Local Panel from determining that employers are joint or
14 co-employers.
15 (p) "Security employee" means an employee who is
16 responsible for the supervision and control of inmates at
17 correctional facilities. The term also includes other
18 non-security employees in bargaining units having the
19 majority of employees being responsible for the supervision
20 and control of inmates at correctional facilities.
21 (q) "Short-term employee" means an employee who is
22 employed for less than 2 consecutive calendar quarters during
23 a calendar year and who does not have a reasonable assurance
24 that he or she will be rehired by the same employer for the
25 same service in a subsequent calendar year.
26 (r) "Supervisor" is an employee whose principal work is
27 substantially different from that of his or her subordinates
28 and who has authority, in the interest of the employer, to
29 hire, transfer, suspend, lay off, recall, promote, discharge,
30 direct, reward, or discipline employees, to adjust their
31 grievances, or to effectively recommend any of those actions,
32 if the exercise of that authority is not of a merely routine
33 or clerical nature, but requires the consistent use of
34 independent judgment. Except with respect to police
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1 employment, the term "supervisor" includes only those
2 individuals who devote a preponderance of their employment
3 time to exercising that authority, State supervisors
4 notwithstanding. In addition, in determining supervisory
5 status in police employment, rank shall not be determinative.
6 The Board shall consider, as evidence of bargaining unit
7 inclusion or exclusion, the common law enforcement policies
8 and relationships between police officer ranks and
9 certification under applicable civil service law, ordinances,
10 personnel codes, or Division 2.1 of Article 10 of the
11 Illinois Municipal Code, but these factors shall not be the
12 sole or predominant factors considered by the Board in
13 determining police supervisory status.
14 Notwithstanding the provisions of the preceding
15 paragraph, in determining supervisory status in fire fighter
16 employment, no fire fighter shall be excluded as a supervisor
17 who has established representation rights under Section 9 of
18 this Act. Further, in new fire fighter units, employees
19 shall consist of fire fighters of the rank of company officer
20 and below. If a company officer otherwise qualifies as a
21 supervisor under the preceding paragraph, however, he or she
22 shall not be included in the fire fighter unit. If there is
23 no rank between that of chief and the highest company
24 officer, the employer may designate a position on each shift
25 as a Shift Commander, and the persons occupying those
26 positions shall be supervisors. All other ranks above that
27 of company officer shall be supervisors.
28 (s) (1) "Unit" means a class of jobs or positions that
29 are held by employees whose collective interests may
30 suitably be represented by a labor organization for
31 collective bargaining. Except with respect to non-State
32 fire fighters and paramedics employed by fire departments
33 and fire protection districts, non-State peace officers,
34 and peace officers in the Department of State Police, a
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1 bargaining unit determined by the Board shall not include
2 both employees and supervisors, or supervisors only,
3 except as provided in paragraph (2) of this subsection
4 (s) and except for bargaining units in existence on July
5 1, 1984 (the effective date of this Act). With respect
6 to non-State fire fighters and paramedics employed by
7 fire departments and fire protection districts, non-State
8 peace officers, and peace officers in the Department of
9 State Police, a bargaining unit determined by the Board
10 shall not include both supervisors and nonsupervisors, or
11 supervisors only, except as provided in paragraph (2) of
12 this subsection (s) and except for bargaining units in
13 existence on January 1, 1986 (the effective date of this
14 amendatory Act of 1985). A bargaining unit determined by
15 the Board to contain peace officers shall contain no
16 employees other than peace officers unless otherwise
17 agreed to by the employer and the labor organization or
18 labor organizations involved. Notwithstanding any other
19 provision of this Act, a bargaining unit, including a
20 historical bargaining unit, containing sworn peace
21 officers of the Department of Natural Resources (formerly
22 designated the Department of Conservation) shall contain
23 no employees other than such sworn peace officers upon
24 the effective date of this amendatory Act of 1990 or upon
25 the expiration date of any collective bargaining
26 agreement in effect upon the effective date of this
27 amendatory Act of 1990 covering both such sworn peace
28 officers and other employees.
29 (2) Notwithstanding the exclusion of supervisors
30 from bargaining units as provided in paragraph (1) of
31 this subsection (s), a public employer may agree to
32 permit its supervisory employees to form bargaining units
33 and may bargain with those units. This Act shall apply
34 if the public employer chooses to bargain under this
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1 subsection.
2 (Source: P.A. 90-14, eff. 7-1-97; 90-655, eff. 7-30-98;
3 91-798, eff. 7-9-00.)
4 (5 ILCS 315/9) (from Ch. 48, par. 1609)
5 Sec. 9. Elections; recognition.
6 (a) Whenever in accordance with such regulations as may
7 be prescribed by the Board a petition has been filed:
8 (1) by a public employee or group of public
9 employees or any labor organization acting in their
10 behalf demonstrating that 30% of the public employees in
11 an appropriate unit (A) wish to be represented for the
12 purposes of collective bargaining by a labor
13 organization as exclusive representative, or (B)
14 asserting that the labor organization which has been
15 certified or is currently recognized by the public
16 employer as bargaining representative is no longer the
17 representative of the majority of public employees in the
18 unit; or
19 (2) by a public employer alleging that one or more
20 labor organizations have presented to it a claim that
21 they be recognized as the representative of a majority of
22 the public employees in an appropriate unit, the Board
23 shall investigate such petition, and if it has reasonable
24 cause to believe that a question of representation
25 exists, shall provide for an appropriate hearing upon due
26 notice. Such hearing shall be held at the offices of the
27 Board or such other location as the Board deems
28 appropriate. If it finds upon the record of the hearing
29 that a question of representation exists, it shall direct
30 an election in accordance with subsection (d) of this
31 Section, which election shall be held not later than 120
32 days after the date the petition was filed regardless of
33 whether that petition was filed before or after the
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1 effective date of this amendatory Act of 1987; provided,
2 however, the Board may extend the time for holding an
3 election by an additional 60 days if, upon motion by a
4 person who has filed a petition under this Section or is
5 the subject of a petition filed under this Section and is
6 a party to such hearing, or upon the Board's own motion,
7 the Board finds that good cause has been shown for
8 extending the election date; provided further, that
9 nothing in this Section shall prohibit the Board, in its
10 discretion, from extending the time for holding an
11 election for so long as may be necessary under the
12 circumstances, where the purpose for such extension is to
13 permit resolution by the Board of an unfair labor
14 practice charge filed by one of the parties to a
15 representational proceeding against the other based upon
16 conduct which may either affect the existence of a
17 question concerning representation or have a tendency to
18 interfere with a fair and free election, where the party
19 filing the charge has not filed a request to proceed with
20 the election; and provided further that prior to the
21 expiration of the total time allotted for holding an
22 election, a person who has filed a petition under this
23 Section or is the subject of a petition filed under this
24 Section and is a party to such hearing or the Board, may
25 move for and obtain the entry of an order in the circuit
26 court of the county in which the majority of the public
27 employees sought to be represented by such person reside,
28 such order extending the date upon which the election
29 shall be held. Such order shall be issued by the circuit
30 court only upon a judicial finding that there has been a
31 sufficient showing that there is good cause to extend the
32 election date beyond such period and shall require the
33 Board to hold the election as soon as is feasible given
34 the totality of the circumstances. Such 120 day period
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1 may be extended one or more times by the agreement of all
2 parties to the hearing to a date certain without the
3 necessity of obtaining a court order. Nothing in this
4 Section prohibits the waiving of hearings by stipulation
5 for the purpose of a consent election in conformity with
6 the rules and regulations of the Board or an election in
7 a unit agreed upon by the parties. Other interested
8 employee organizations may intervene in the proceedings
9 in the manner and within the time period specified by
10 rules and regulations of the Board. Interested parties
11 who are necessary to the proceedings may also intervene
12 in the proceedings in the manner and within the time
13 period specified by the rules and regulations of the
14 Board.
15 (b) The Board shall decide in each case, in order to
16 assure public employees the fullest freedom in exercising the
17 rights guaranteed by this Act, a unit appropriate for the
18 purpose of collective bargaining, based upon but not limited
19 to such factors as: historical pattern of recognition;
20 community of interest including employee skills and
21 functions; degree of functional integration;
22 interchangeability and contact among employees; fragmentation
23 of employee groups; common supervision, wages, hours and
24 other working conditions of the employees involved; and the
25 desires of the employees. For purposes of this subsection,
26 fragmentation shall not be the sole or predominant factor
27 used by the Board in determining an appropriate bargaining
28 unit. Except with respect to non-State fire fighters and
29 paramedics employed by fire departments and fire protection
30 districts, non-State peace officers and peace officers in the
31 State Department of State Police, a single bargaining unit
32 determined by the Board may not include both supervisors and
33 nonsupervisors, except for bargaining units in existence on
34 the effective date of this Act. With respect to non-State
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1 fire fighters and paramedics employed by fire departments and
2 fire protection districts, non-State peace officers and peace
3 officers in the State Department of State Police, a single
4 bargaining unit determined by the Board may not include both
5 supervisors and nonsupervisors, except for bargaining units
6 in existence on the effective date of this amendatory Act of
7 1985.
8 In cases involving an historical pattern of recognition,
9 and in cases where the employer has recognized the union as
10 the sole and exclusive bargaining agent for a specified
11 existing unit, the Board shall find the employees in the unit
12 then represented by the union pursuant to the recognition to
13 be the appropriate unit.
14 Notwithstanding the above factors, where the majority of
15 public employees of a craft so decide, the Board shall
16 designate such craft as a unit appropriate for the purposes
17 of collective bargaining.
18 The Board shall not decide that any unit is appropriate
19 if such unit includes both professional and nonprofessional
20 employees, unless a majority of each group votes for
21 inclusion in such unit.
22 (c) Nothing in this Act shall interfere with or negate
23 the current representation rights or patterns and practices
24 of labor organizations which have historically represented
25 public employees for the purpose of collective bargaining,
26 including but not limited to the negotiations of wages, hours
27 and working conditions, discussions of employees' grievances,
28 resolution of jurisdictional disputes, or the establishment
29 and maintenance of prevailing wage rates, unless a majority
30 of employees so represented express a contrary desire
31 pursuant to the procedures set forth in this Act.
32 (d) In instances where the employer does not voluntarily
33 recognize a labor organization as the exclusive bargaining
34 representative for a unit of employees, the Board shall
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1 determine the majority representative of the public employees
2 in an appropriate collective bargaining unit by conducting a
3 secret ballot election. Within 7 days after the Board issues
4 its bargaining unit determination and direction of election
5 or the execution of a stipulation for the purpose of a
6 consent election, the public employer shall submit to the
7 labor organization the complete names and addresses of those
8 employees who are determined by the Board to be eligible to
9 participate in the election. When the Board has determined
10 that a labor organization has been fairly and freely chosen
11 by a majority of employees in an appropriate unit, it shall
12 certify such organization as the exclusive representative.
13 If the Board determines that a majority of employees in an
14 appropriate unit has fairly and freely chosen not to be
15 represented by a labor organization, it shall so certify. The
16 Board may also revoke the certification of the public
17 employee organizations as exclusive bargaining
18 representatives which have been found by a secret ballot
19 election to be no longer the majority representative.
20 (e) The Board shall not conduct an election in any
21 bargaining unit or any subdivision thereof within which a
22 valid election has been held in the preceding 12-month
23 period. The Board shall determine who is eligible to vote in
24 an election and shall establish rules governing the conduct
25 of the election or conduct affecting the results of the
26 election. The Board shall include on a ballot in a
27 representation election a choice of "no representation". A
28 labor organization currently representing the bargaining unit
29 of employees shall be placed on the ballot in any
30 representation election. In any election where none of the
31 choices on the ballot receives a majority, a runoff election
32 shall be conducted between the 2 choices receiving the
33 largest number of valid votes cast in the election. A labor
34 organization which receives a majority of the votes cast in
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1 an election shall be certified by the Board as exclusive
2 representative of all public employees in the unit.
3 (f) Nothing in this or any other Act prohibits
4 recognition of a labor organization as the exclusive
5 representative by a public employer by mutual consent of the
6 employer and the labor organization, provided that the labor
7 organization represents a majority of the public employees in
8 an appropriate unit. Any employee organization which is
9 designated or selected by the majority of public employees,
10 in a unit of the public employer having no other recognized
11 or certified representative, as their representative for
12 purposes of collective bargaining may request recognition by
13 the public employer in writing. The public employer shall
14 post such request for a period of at least 20 days following
15 its receipt thereof on bulletin boards or other places used
16 or reserved for employee notices.
17 (g) Within the 20-day period any other interested
18 employee organization may petition the Board in the manner
19 specified by rules and regulations of the Board, provided
20 that such interested employee organization has been
21 designated by at least 10% of the employees in an appropriate
22 bargaining unit which includes all or some of the employees
23 in the unit recognized by the employer. In such event, the
24 Board shall proceed with the petition in the same manner as
25 provided by paragraph (1) of subsection (a) of this Section.
26 (h) No election shall be directed by the Board in any
27 bargaining unit where there is in force a valid collective
28 bargaining agreement. The Board, however, may process an
29 election petition filed between 90 and 60 days prior to the
30 expiration of the date of an agreement, and may further
31 refine, by rule or decision, the implementation of this
32 provision. Where more than 3 years have elapsed since the
33 effective date of the agreement, the agreement shall continue
34 to bar an election, except that the Board may process an
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1 election petition filed between 90 and 60 days prior to the
2 end of the fourth year of such an agreement, and between 90
3 and 60 days prior to the end of each successive year of such
4 agreement.No collective bargaining agreement bars an
5 election upon the petition of persons not parties thereto
6 where more than 3 years have elapsed since the effective date
7 of the agreement.
8 (i) An order of the Board dismissing a representation
9 petition, determining and certifying that a labor
10 organization has been fairly and freely chosen by a majority
11 of employees in an appropriate bargaining unit, determining
12 and certifying that a labor organization has not been fairly
13 and freely chosen by a majority of employees in the
14 bargaining unit or certifying a labor organization as the
15 exclusive representative of employees in an appropriate
16 bargaining unit because of a determination by the Board that
17 the labor organization is the historical bargaining
18 representative of employees in the bargaining unit, is a
19 final order. Any person aggrieved by any such order issued
20 on or after the effective date of this amendatory Act of 1987
21 may apply for and obtain judicial review in accordance with
22 provisions of the Administrative Review Law, as now or
23 hereafter amended, except that such review shall be afforded
24 directly in the Appellate Court for the district in which the
25 aggrieved party resides or transacts business. Any direct
26 appeal to the Appellate Court shall be filed within 35 days
27 from the date that a copy of the decision sought to be
28 reviewed was served upon the party affected by the decision.
29 (Source: P.A. 87-736; 88-1.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.
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