State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB1241 Enrolled                                LRB9201777NTpr

 1        AN ACT in relation to education.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois Educational Labor Relations Act
 5    is amended by changing Section 8 as follows:

 6        (115 ILCS 5/8) (from Ch. 48, par. 1708)
 7        Sec. 8.  Election - certification.  Elections shall be by
 8    secret ballot, and conducted in  accordance  with  rules  and
 9    regulations  established  by  the  Illinois Educational Labor
10    Relations   Board.    An   incumbent   exclusive   bargaining
11    representative shall automatically be placed  on  any  ballot
12    with  the  petitioner's  labor  organization.  An intervening
13    labor organization may be placed on the ballot when supported
14    by 15% or more of the employees in the bargaining unit.   The
15    Board  shall  give  at  least  30 days notice of the time and
16    place of the election to the parties and, upon request, shall
17    provide the parties with a list of  names  and  addresses  of
18    persons  eligible  to  vote  in the election at least 15 days
19    before the election.  The ballot must include, as one of  the
20    alternatives,  the  choice  of  "no representative".  No mail
21    ballots are permitted  except  where  a  specific  individual
22    would otherwise be unable to cast a ballot.
23        The  labor  organization  receiving  a  majority  of  the
24    ballots cast shall be certified by the Board as the exclusive
25    bargaining   representative.      If   the   choice   of  "no
26    representative" receives a majority, the employer  shall  not
27    recognize  any  exclusive  bargaining  representative  for at
28    least 12 months.  If  none  of  the  choices  on  the  ballot
29    receives a majority, a run-off shall be conducted between the
30    2 choices receiving the largest number of valid votes cast in
31    the  election.   The  Board  shall certify the results of the
SB1241 Enrolled             -2-                LRB9201777NTpr
 1    election within 6 5 working days after  the  final  tally  of
 2    votes  unless  a  charge  is  filed  by a party alleging that
 3    improper conduct occurred which affected the outcome  of  the
 4    election.    The   Board   shall   promptly  investigate  the
 5    allegations, and if it finds  probable  cause  that  improper
 6    conduct  occurred  and could have affected the outcome of the
 7    election, it shall set a hearing on  the  matter  on  a  date
 8    falling within 2 weeks of when it received the charge.  If it
 9    determines,  after  hearing, that the outcome of the election
10    was affected by  improper  conduct,  it  shall  order  a  new
11    election and shall order corrective action which it considers
12    necessary  to insure the fairness of the new election.  If it
13    determines upon  investigation  or  after  hearing  that  the
14    alleged  improper  conduct  did not take place or that it did
15    not affect the results of the election, it shall  immediately
16    certify the election results.
17        Any  labor  organization that is the exclusive bargaining
18    representative in an appropriate unit on the  effective  date
19    of  this  Act  shall  continue  as  such  until  a new one is
20    selected under this Act.
21    (Source: P.A. 83-1014.)

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