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Public Act 102-0797
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| HB5093 Enrolled | LRB102 25944 NHT 35325 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Educational Labor Relations Act is |
amended by changing Section 5 as follows:
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(115 ILCS 5/5) (from Ch. 48, par. 1705)
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Sec. 5. Illinois Educational Labor Relations Board.
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(a) There is hereby created the Illinois Educational Labor |
Relations
Board.
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(a-5) Until July 1, 2003 or when all of the new members to |
be initially
appointed under this amendatory Act of the 93rd |
General Assembly have been
appointed by the Governor, |
whichever occurs later, the Illinois Educational
Labor |
Relations Board shall consist of 7 members, no more
than 4 of |
whom may be of the same political party, who are residents of
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Illinois appointed by the Governor with the advice and consent |
of the Senate.
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The term of each appointed member of the Board
who is in |
office on June 30, 2003 shall terminate at the close of |
business
on that date or when all of the new members to be |
initially appointed under
this amendatory Act of the 93rd |
General Assembly have been appointed by the
Governor, |
whichever occurs later.
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(b) Beginning on July 1, 2003 or when all of the new |
members to be
initially appointed under this amendatory Act of |
the 93rd General Assembly
have been appointed by the Governor, |
whichever occurs later, the Illinois
Educational Labor |
Relations Board shall consist of 5 members appointed by
the |
Governor with the advice and consent of the Senate. No more |
than 3
members may be of the same political party.
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The Governor shall appoint to the Board only persons who |
are residents of
Illinois and have had a minimum of 5 years of |
experience directly related
to labor and employment relations |
in representing educational employers or
educational employees |
in collective bargaining matters. One appointed member
shall |
be designated at the time of his or her appointment to serve as |
chairman.
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Of the initial members appointed pursuant to this
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amendatory Act of the 93rd General Assembly, 2 shall be
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designated at the time of appointment to serve a term of 6
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years, 2 shall be designated at the time of appointment to |
serve a term
of 4 years, and the other shall be designated at |
the time of his or her
appointment to serve a term of 4 years, |
with each to serve until his or her
successor is appointed and |
qualified.
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Each subsequent member shall be appointed in like manner |
for a term
of 6 years and until his or her successor is |
appointed and qualified. Each
member of the Board is eligible |
for reappointment. Vacancies shall be filled
in the same |
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manner as original appointments for the balance of the |
unexpired
term.
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(c) The chairman shall be paid $50,000 per year, or an |
amount set by
the Compensation Review Board, whichever is |
greater. Other members of
the Board shall each be paid $45,000 |
per year, or an amount set by the
Compensation Review Board, |
whichever is greater. They shall be entitled
to reimbursement |
for necessary traveling and other official expenditures
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necessitated by their official duties.
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Each member shall devote his entire time to the duties of |
the office,
and shall hold no other office or position of |
profit, nor engage in any
other business, employment or |
vocation.
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(d) Three members of the Board constitute a quorum and a
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vacancy on the Board does not impair the right of the remaining |
members to
exercise all of the powers of the Board.
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(e) Any member of the Board may be removed by the Governor, |
upon notice,
for neglect of duty or malfeasance in office, but |
for no other cause.
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(f) The Board may appoint or employ an executive director, |
attorneys,
hearing officers, and such other employees as it |
deems necessary to perform
its functions, except that the |
Board shall employ a minimum of 8 attorneys and 5 |
investigators. The Board shall prescribe the duties and |
qualifications of
such persons appointed and, subject to the |
annual appropriation, fix their
compensation and provide for |
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reimbursement of actual and necessary expenses
incurred in the |
performance of their duties.
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(g) The Board may promulgate rules and regulations which |
allow parties
in proceedings before the Board to be |
represented by counsel or any other
person knowledgeable in |
the matters under consideration.
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(h) To accomplish the objectives and to carry out the |
duties prescribed
by this Act, the Board may subpoena |
witnesses, subpoena the production of
books, papers, records |
and documents which may be needed as evidence on
any matter |
under inquiry and may administer oaths and affirmations.
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In cases of neglect or refusal to obey a subpoena issued to |
any person,
the circuit court in the county in which the |
investigation or the public
hearing is taking place, upon |
application by the Board, may issue an order
requiring such |
person to appear before the Board or any member or agent
of the |
Board to produce evidence or give testimony. A failure to obey |
such
order may be punished by the court as in civil contempt.
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Any subpoena, notice of hearing, or other process or |
notice of the Board
issued under the provisions of this Act may |
be served by one of the methods permitted in the Board's rules. |
personally, by
registered mail or by leaving a copy at the |
principal office of the respondent
required to be served. A |
return, made and verified by the individual making
such |
service and setting forth the manner of such service, is proof |
of
service.
A post office receipt, when registered mail is |
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used, is proof of service.
All process of any court to which |
application may be made under the provisions
of this Act may be |
served in the county where the persons required to be
served |
reside or may be found.
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(i) The Board shall adopt, promulgate, amend, or rescind |
rules and
regulations in accordance with the Illinois |
Administrative
Procedure Act as it deems necessary and
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feasible to carry out this Act.
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(j) The Board at the end of every State fiscal year shall |
make a report in
writing to the Governor and the General |
Assembly, stating in detail the work
it has done in hearing and |
deciding cases and otherwise.
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(Source: P.A. 96-813, eff. 10-30-09.)
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