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92nd General Assembly

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Public Act 92-0206

SB1241 Enrolled                                LRB9201777NTpr

    AN ACT in relation to education.

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

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

    (115 ILCS 5/8) (from Ch. 48, par. 1708)
    Sec. 8.  Election - certification.  Elections shall be by
secret ballot, and conducted in  accordance  with  rules  and
regulations  established  by  the  Illinois Educational Labor
Relations   Board.    An   incumbent   exclusive   bargaining
representative shall automatically be placed  on  any  ballot
with  the  petitioner's  labor  organization.  An intervening
labor organization may be placed on the ballot when supported
by 15% or more of the employees in the bargaining unit.   The
Board  shall  give  at  least  30 days notice of the time and
place of the election to the parties and, upon request, shall
provide the parties with a list of  names  and  addresses  of
persons  eligible  to  vote  in the election at least 15 days
before the election.  The ballot must include, as one of  the
alternatives,  the  choice  of  "no representative".  No mail
ballots are permitted  except  where  a  specific  individual
would otherwise be unable to cast a ballot.
    The  labor  organization  receiving  a  majority  of  the
ballots cast shall be certified by the Board as the exclusive
bargaining   representative.      If   the   choice   of  "no
representative" receives a majority, the employer  shall  not
recognize  any  exclusive  bargaining  representative  for at
least 12 months.  If  none  of  the  choices  on  the  ballot
receives a majority, a run-off shall be conducted between the
2 choices receiving the largest number of valid votes cast in
the  election.   The  Board  shall certify the results of the
election within 6 5 working days after  the  final  tally  of
votes  unless  a  charge  is  filed  by a party alleging that
improper conduct occurred which affected the outcome  of  the
election.    The   Board   shall   promptly  investigate  the
allegations, and if it finds  probable  cause  that  improper
conduct  occurred  and could have affected the outcome of the
election, it shall set a hearing on  the  matter  on  a  date
falling within 2 weeks of when it received the charge.  If it
determines,  after  hearing, that the outcome of the election
was affected by  improper  conduct,  it  shall  order  a  new
election and shall order corrective action which it considers
necessary  to insure the fairness of the new election.  If it
determines upon  investigation  or  after  hearing  that  the
alleged  improper  conduct  did not take place or that it did
not affect the results of the election, it shall  immediately
certify the election results.
    Any  labor  organization that is the exclusive bargaining
representative in an appropriate unit on the  effective  date
of  this  Act  shall  continue  as  such  until  a new one is
selected under this Act.
(Source: P.A. 83-1014.)
    Passed in the General Assembly May 09, 2001.
    Approved August 01, 2001.

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