Section 1200.7  Board Meetings

 

a)         Notice of meetings is given on the Board's website, www.Illinois.gov/ilrb, and at each of the Board's offices in accordance with the provisions of the Open Meetings Act  [5 ILCS 120/2.02].

 

b)         After the Board has considered pending cases, members of the public shall be permitted to address the Board during the open portion of a Board meeting on subjects relevant to the Board's functions.  The comments by each member of the public shall be limited to a reasonable period of time, not to exceed five minutes, without permission of the Chairman.

 

c)         Any person may record, by tape, film or other means, the meetings of the Illinois Labor Relations Board's State Panel, Local Panel or the Panels meeting in joint session that are required to be open by Illinois law. However, if the recording process interferes with the overall decorum and proceeding of a meeting, the recording shall be discontinued at the request of the Chairman or other presiding officer.

 

(Source:  Added at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.10  Definitions

 

The definitions contained in Section 3 of the Act shall apply to this Part, as well as the following:

 

"Act" means the Illinois Public Labor Relations Act [5 ILCS 315].

 

"Administrative Law Judge" means either the agency head or an attorney licensed to practice in Illinois.

 

"Administrative Law Judge's recommended decision and order" means findings of fact and conclusions of law and reasons for those findings and conclusions.  It is not a final decision of the Board.  Such a recommended decision and order will be reviewed by the Board upon the filing of exceptions or on the Board's own motion.

 

"Board" means the Illinois Labor Relations Board or State or Local Panel, individually as applicable, or an agent designated by the Board.

 

"Board agent" means any Board employee who is designated by the Board to perform the acts and/or responsibilities outlined in the relevant sections of the rules.

 

"Charging party" means the person, employer or labor organization filing an unfair labor practice charge.

 

"Complaint" means a Board document issued to the parties in an unfair labor practice proceeding, notifying them of a hearing and setting forth the issues of fact or law to be resolved at the hearing.

 

"Employer" means "public employer" or "employer" as defined in Section 3(o) of the Act or the party named in a representation petition, unit clarification petition, decertification petition or voluntary recognition petition as the employer of the unit described in the petition.

 

"Exclusive representative" means "exclusive representative" as defined in Section 3(f) of the Act.

 

"Executive Director's Order" includes reports concerning challenges and objections to an election; deferrals to arbitration; orders holding cases in abeyance; dismissals; directions of election; and other similar orders. These orders are not final decisions of the Board but are the results of investigations.  The Board, upon the filing of an appeal, shall review such orders except that orders and parts of orders finding sufficient issues of law and fact sufficient to warrant a hearing are not appealable.

 

"Fact-finding" means a process whereby an employer and an exclusive representative submit their disputes concerning the terms of a new collective bargaining agreement to a neutral third party for non-binding findings of fact and recommendations.

 

"General public employee unit" means any bargaining unit of employees who, because they are not subject to Section 14 of the Act, have the right to strike in accordance with Section 17 of the Act.

 

"Grievance arbitration" means a process whereby an employer and an exclusive representative submit a dispute concerning the interpretation or application of an existing collective bargaining agreement to a neutral third party for resolution.

 

"Grievance mediation" means a process whereby an employer and an exclusive representative employ a neutral third party to communicate with the parties and endeavor to bring about an amicable, voluntary resolution of a dispute over the interpretation or application of an existing collective bargaining agreement.

 

"Incumbent exclusive representative" means the existing exclusive representative of the employees in the bargaining unit.

 

"Initial contract" means a first collective bargaining agreement between an exclusive representative and an employer, covering a bargaining unit, following certification of that exclusive representative.

 

"Interest arbitration" means a process in which an employer and an exclusive representative submit their disputes concerning the terms to be included in a new collective bargaining agreement for resolution by a neutral third party. "Compulsory interest arbitration" shall refer to interest arbitration engaged in pursuant to Section 14 of the Act.  "Voluntary interest arbitration" shall refer to all other interest arbitration engaged in under the Act.

 

"Labor organization" means "labor organization" as defined in Section 3(i) of the Act.

 

"Mediation" means a process whereby an employer and an exclusive representative employ a neutral third party to communicate with the parties and endeavor to bring about an amicable, voluntary resolution of negotiations over the terms of a new collective bargaining agreement.

 

"Petitioner" means the party named in a representation petition, unit clarification petition, decertification petition or voluntary recognition petition as having filed the petition.

 

"Protective services unit" means any bargaining unit subject to Section 14 of the Act in which the employees accordingly do not have the right to strike.  Such units are units of security employees of a public employer, peace officer units, or units of firefighters or paramedics. (Section 14(a) of the Act)

 

"Representation petition" means either a traditional representation petition to determine a union's majority support through an election (election petition) as set forth in Section 9(a)(1) and (2) of the Act or a petition filed pursuant to the Board's card check procedures (majority interest petition) as set forth in Section 9(a-5) of the Act.

 

"Respondent" means the party named in an unfair labor practice charge or complaint as having allegedly committed the unfair labor practice.

 

"Successor contract" means negotiations for a collective bargaining agreement covering a bargaining unit that is currently covered by a collective bargaining agreement between the exclusive representative and the employer.  

 

(Source:  Amended at 47 Ill. Reg. 11825, effective July 7, 2023)

 

Section 1200.20  Filing and Service of Documents

 

a)         All  documents may be filed in either the Board's Springfield or Chicago office.

 

b)         Whenever this Part or 80 Ill. Adm. Code 1210, 1220 or 1230 requires that a document be on a form developed by the Board, the document may be prepared on a form obtained either from a Board office or from the Board's website. Minor deviations in the form of a document shall not be grounds for objecting to the document.  Minor deviations are those concerning form rather than substance that do not prejudice the other parties to a proceeding.

 

c)         Documents may be filed by any of the following methods:

 

1)         By actual delivery of documents to the Board;

 

2)         By first class, registered or certified United States mail or by commercial parcel delivery company; or

 

3)         By email, to the Board's designated email address for electronic filing, provided that any and all attachments are in Microsoft Word format (.doc or .docx) or in Portable Document Form (.pdf).  The Board may direct parties to provide hard copies of documents filed by e-mail.

 

d)         All petitions and intervening claims filed in representation proceedings, and all amendments to those documents, shall be served on the appropriate parties by the Board by certified mail, by regular mail accompanied by affidavit or certificate of service, or by email in accordance with subsection (h).

 

e)         All documents, except those listed in subsection (d), shall be served by the party filing the document on all other parties to the proceedings.  The following documents shall not be subject to this requirement:

 

1)         position statements and evidence submitted to the Board in the course of any investigation of an unfair labor practice charge;

 

2)         position statements and evidence submitted to the Board in the course of any investigation of an objection to an election;

 

3)         showing of interest evidence described in Section 1210.80; and

 

4)         evidence of majority support referenced in Section 1210.160(c).

 

f)      When a party is represented in a proceeding before the Board, service shall be on the party's representative.  When a party is not represented, service shall be on the party.  The document shall not be considered properly served unless accompanied by proof of service.  Proof of service shall consist of a written statement, signed by the party effecting service, detailing the name of the party served and the date and manner of service.

 

g)         In all matters, a document shall be considered filed with the Board on the date that it is:

 

1)         postmarked;

 

2)         tendered to a delivery service;

 

3)         transmitted by e-mail, in accordance with Section 1200.20(c)(3); or

 

4)         received before the close of the Board's business hours by personal delivery in either of the Board's offices. 

 

h)         Service by Email in Contested Board Proceedings

 

1)         "Documents issued by the Board in connection with a Board proceeding" include complaints, notices of hearing, Executive Director dismissals, hearing orders, recommended decisions and orders, and Board decisions and orders. Documents issued by the Board in connection with a Board proceeding may be served by email in lieu of other methods of service specified in this Part. 

 

2)         Any attorney representing a party to a proceeding or other party representative shall provide the Board with at least one email address as required by Section 1200.70 and shall accept service by email at that address.  A party represented by an attorney may provide the email address of the attorney.  

 

3)         The Board will request that unrepresented parties to a Board proceeding consent to accept service by email of documents issued by the Board in connection with that Board proceeding by designating an email address at which they will accept service. 

 

4)         Any person or entity providing such an email address shall update that email address if it is changed. Any person or entity who regularly practices before the Board shall verify that email address on an annual basis.

 

5)         Any person or entity who submits an email address under this Section may designate up to two additional secondary email addresses at which the person or entity consents to accept service.  The Board shall serve the documents to both the designated primary and secondary email addresses. 

 

6)         The Board will not serve by email any documents that contain the following:

 

A)        a Social Security or individual taxpayer identification number;

 

B)        a driver's license number; 

 

C)        a financial account number;

 

D)        a debit or credit card number;

 

E)        any other information that could reasonably be deemed personal, proprietary, confidential, or trade secret information; or

 

F)         any information about or concerning a minor.

 

7)         Service by email is deemed complete on the day of transmission.  The Board shall confirm delivery by requesting an automated delivery receipt from the recipient.  If the Board does not receive a delivery receipt, the Board shall contact the intended recipient and request an email confirmation that the recipient has received the document.  If the Board is unable to obtain written confirmation that the recipient has received the document, the Board shall serve the document by other means.

 

(Source:  Amended at 44 Ill. Reg. 17694, effective October 26, 2020)

 

Section 1200.30  Computation and Extensions of Time

 

a)         In computing any period of time prescribed by the Act or this Part, the designated period of time begins to run the day after the act, event or default and ends on the last day of the period so computed.  If the day after the act, event or default when the period is supposed to begin to run happens to be a Saturday, Sunday or legal holiday, the period does not begin to run until the next day that is not a Saturday, Sunday or legal holiday.  If the last day falls on a Saturday, Sunday or legal holiday, the time period shall be automatically extended to the next day that is not a Saturday, Sunday or legal holiday.

 

b)         When a time period prescribed under the Act or this Part is 7 days or less, intervening Saturdays, Sundays or legal holidays shall not be included.

 

c)         Service of a document upon a party by mail shall be presumed complete 3 business days after mailing, if proof of service shows the document was properly addressed.  This presumption may be overcome by the addressee, with evidence establishing that the document was not delivered or was delivered at a later date.  A party's failure to accept or claim a document served by mail shall not be grounds for overcoming the presumption.

 

d)         Requests for postponements of hearings shall be filed in accordance with Section 1200.45.  Requests for postponements of investigations or scheduled conferences, as well as requests for extensions for the filing of briefs, exceptions or responses, must be made prior to the then existing deadlines. These requests will not be granted unless good and sufficient cause is shown and the following requirements are met:

 

1)         all requests must be in writing directed to the investigator, Administrative Law Judge, Executive Director or General Counsel responsible for the proceeding;

 

2)         the grounds for the request must be set forth in detail;

 

3)         the requesting party must specify alternative dates for scheduling the hearing or conference or for the due date of any documents;

 

4)         the position of all parties concerning both the postponement or extension requested and the proposed alternative dates must be ascertained in advance by the requesting party and set forth in the request;

 

5)         for purposes of this Section, good and sufficient cause may include a showing to the satisfaction of the Board or its agents that a postponement or extension will result in settlement of the case;

 

6)         except for good cause shown, no request for postponement will be granted on any of the 3 days immediately preceding the date of a hearing, investigation or conference.  All continuances must be to a date and time certain; in no event shall an indefinite continuance be granted.

 

(Source:  Amended at 41 Ill. Reg. 6566, effective May 26, 2017)

 

Section 1200.40  Authority of Administrative Law Judges

 

a)         The Administrative Law Judge (ALJ) shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete record.  The ALJ shall have all powers necessary to achieve these ends, including, but not limited to, the discretionary authority to:

 

1)         Require the parties to participate in a pre-hearing conference and/or mediation before proceeding with a hearing;

 

2)         Require all parties to submit pre-hearing information, including, but not limited to:

 

A)        a detailed written statement of the issue to be resolved at hearing and its position;

 

B)        a list of witnesses each party intends to call, the nature of their testimony, the estimated time for each witness' testimony, and the estimated time for the party's case in chief;

 

C)        a list of exhibits to be offered by each party in its case in chief and a copy of each exhibit; and

 

D)        all other information the ALJ requests;

 

3)         Regulate the proceedings of the case, and the conduct of the parties and their counsel;

 

4)         Administer oaths and affirmations;

 

5)         Receive relevant testimony and evidence;

 

6)         Establish reasonable limits on the frequency and duration of the testimony of any witness and limit repetitious or cumulative testimony;

 

7)         Examine witnesses and direct witnesses to testify; however, this provision does not lessen any party's burden of proof;

 

8)         Issue subpoenas and rule upon motions to revoke subpoenas;

 

9)         Take administrative notice of generally recognized facts of which Illinois courts may take judicial notice and of other facts within the specialized knowledge and experience of the Board;

 

10)        Rule on objections, motions and questions of procedure;

 

11)        Authorize the submission of briefs and set the time for their filing;

 

12)        Hear closing argument;

 

13)        Order a hearing reopened prior to the issuance of the ALJ's recommended decision and order;

 

14)        Render and serve the recommended decision and order on the parties to the proceeding;

 

15)        Carry out the duties of ALJ as provided or otherwise authorized by the Act, this Part, or 80 Ill. Adm. Code 1210, 1220 or 1230.

 

b)         At the discretion of the ALJ, any hearing required under 80 Ill. Adm. Code 1210 and 1220 may be conducted either in person or by video teleconferencing.

 

1)         Representation hearings shall be held at the offices of the Board or such other location as the Board deems appropriate.  [5 ILCS 315/9(a)]

 

2)         Unfair labor practice hearings shall be held at the offices of the Board or such other location as the Board deems appropriate.  [5 ILCS 315/11(a)]

 

3)         When a hearing is conducted using video teleconferencing, the parties and the ALJ need not be physically present at the same location.

 

4)         In deciding whether a hearing should be conducted by video teleconferencing, the ALJ shall consider factors such as cost-effectiveness, efficiency, facility accommodations, witness availability, public interest, the parties' preferences, and the proceeding's complexity and contentiousness.

 

5)         When a hearing is conducted using video teleconferencing, appropriate safeguards must be employed to ensure that the ALJ has the ability to assess the witness' credibility and that the parties have a meaningful opportunity to examine and cross-examine the witness.  These safeguards must ensure that:

 

A)        the representatives of the parties have the opportunity to be present at the remote location;

 

B)        the ALJ, participants, and reporter are able to hear the testimony and observe the witness;

 

C)        the camera view is adjustable to provide a close-up view of counsel and the witness and a panoramic view of the room;

 

D)        exhibits used in the witness' examination are exchanged in advance of the examination; and

 

E)        video technology assistance is available to address technical difficulties that arise during the examination.

 

6)         The ALJ may also impose additional safeguards to effectuate the use of video teleconferencing.

 

7)         The official record of the videoconference testimony will be the official transcript prepared by the reporter designated to transcribe the testimony.

 

(Source:  Amended at 45 Ill. Reg. 1865, effective February 1, 2021)

 

Section 1200.45  Motions

 

a)         Motions during the course of an investigation must be filed with the Executive Director.  In matters set for hearing, all motions must be filed with the assigned Administrative Law Judge.  Once the Administrative Law Judge's recommended decision and order has issued, all motions must be filed with the General Counsel.  Any briefs related to a motion filed before an Administrative Law Judge or General Counsel must comport with Section 1200.140.

 

b)         Motions must be made in writing unless made during the hearing, at which time the motions may be made verbally, on the record.  Motions must briefly state the grounds for the motion and any relief requested.  Written motions must be served in accordance with Section 1200.20.

 

1)         Motions to extend time for the filing of documents must contain a statement that the moving party discussed the requested extension with the other parties.  If no objections were raised, the moving party must certify that the other parties were consulted and authorized the moving party to represent that they have no objections.  If objections were raised, the moving party must describe those objections and its response.

 

2)         Motions for continuance of a hearing must contain a statement that the moving party consulted with the other parties to determine whether they have any objection to the requested continuance.  Where there are no objections, the moving party must certify that it has consulted with the other parties and that they authorized the moving party to represent that they have no objections.  Where objections are raised, the moving party must describe those objections and its response.  The motion for continuance must contain a statement that the moving party contacted the other parties to determine their availability for hearing on subsequent dates and it must indicate those dates in the motion.

 

3)         At any time prior to the issuance of the recommended decision and order, a party may move to disqualify the Administrative Law Judge on the grounds of bias or conflict of interest.  The motion shall be in writing to the General Counsel, with a copy to the Administrative Law Judge, setting out the specific instances of bias or conflict of interest.  An adverse decision or ruling, in and of itself, is not grounds for disqualification.  The General Counsel may decline to disqualify the Administrative Law Judge or may appoint another Administrative Law Judge to hear the case.

 

4)         Motions to defer an unfair labor practice matter to arbitration may be made in accordance with Section 1220.65.

 

c)         Responses and any other answering documents, including memoranda and affidavits, must be filed within 5 days after service of the motion, or as otherwise required by the Executive Director, Administrative Law Judge or the Board.  Responses must be served in accordance with Section 1200.20.

 

d)         Rulings on motions shall be made in writing and served on all parties to the proceeding.  The Administrative Law Judge may reserve ruling on any motion until the issuance of his or her recommended decision and order.

 

e)         Rulings on motions are not appealable to the Board, unless as otherwise provided by the Board.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.50  Recording of Hearings and Payment of Court Reporting Services

 

a)         When a hearing is held by the Board or its Administrative Law Judge at which oral argument, testimony, or other oral presentation is offered, it shall be recorded by stenographic or other means that adequately preserves the record.  The records shall be transcribed and made part of the administrative record. 

 

b)         Subject to appropriation, the Board will bear the costs charged by the stenographer or court reporting service for the first two days of hearing.  The parties will share equally the costs of any additional days of hearing.  When there is inadequate appropriation, the parties shall share equally all costs charged to the Board by the stenographer or court reporting service.

 

c)         The Board will bear the costs of producing a transcript of oral arguments when oral argument is requested by the Board, but not when oral argument is requested by either party. 

 

d)         Parties may order transcripts and shall bear the costs of any transcripts that they order.

 

(Source:  Amended at 45 Ill. Reg. 1865, effective February 1, 2021)

 

Section 1200.60  Closing Arguments and Briefs Before An Administrative Law Judge

 

Upon request, a party is entitled to a reasonable period of time at the close of the hearing for oral argument, which shall be made part of the record.  The Administrative Law Judge may direct the filing of briefs when the filing is, in the opinion of the Administrative Law Judge, warranted by the nature of the proceedings or the particular issues involved.  All briefs filed shall be in accordance with Section 1200.140.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.70  Representation of Parties

 

A party may be represented by counsel or any other representative of the party's choosing.  The representative shall file a Notice of Appearance with the Board referencing the case number and caption, and the postal address, email address and telephone number of the representative.  Filing pleadings on behalf of a party shall be equivalent to filing a Notice of Appearance, provided the pleadings include the required information.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.80  Ex Parte Communications

 

No party or other persons legally interested in the outcome of a matter pending before an Administrative Law Judge or any Board panel may communicate ex parte regarding the matter, either directly or indirectly, with any Administrative Law Judge or with any member of the Board.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.90  Subpoenas

 

Following the issuance of a complaint for hearing or a notice of representation hearing, the Board, upon the request of an Administrative Law Judge or upon the written application of a party, shall have the power to issue subpoenas for witnesses and subpoenas for documents. [5 ILCS 315/11(b)]

 

a)         Subpoenas for Witnesses

 

1)         A party's written application for subpoenas for witnesses must be directed to the Administrative Law Judge, and must contain the following information:

 

A)        the title and case number of the proceeding;

 

B)        the name, address, e-mail address and phone number of the party requesting the subpoena and its representative;

 

C)        the name of the person to be subpoenaed; and

 

D)        the date, time and place of the appearance to be commanded.

 

2)         Applications must be filed with the Board and served on the other parties to the case at least 10 days before the hearing.  The requested subpoenas may be picked up at the Board's office where the hearing will be held or at the office specified by the applicant in the subpoena request.  Upon request, the Board will mail the subpoenas to the applicant.

 

3)         The party requesting the subpoenas shall be responsible for serving the  subpoenas on the witnesses at least 5 days before the hearing date.  The party requesting the subpoenas shall also be responsible for payment of the witness fees for attendance, subsistence and mileage.  Witnesses appearing at a hearing pursuant to subpoena are entitled to the same fees and mileage as are allowed witnesses in civil cases in the courts of the State of Illinois, pursuant to Section 4.3 of the Fees and Salaries Act [705 ILCS 35/4.3].  The requesting party must tender all fees with the subpoena.  A witness appearing at the  request of the Board shall submit the subpoena with a voucher when claiming reimbursement.

 

4)         Board employees shall not be subpoenaed to testify regarding matters that occurred during their employment with the Board.

 

5)         Subpoenas shall remain in effect throughout the course of the proceedings.

 

b)         Subpoenas for Documents (Subpoena Duces Tecum)

 

1)         A party's written application for subpoenas for documents must be directed to the Administrative Law Judge and must contain the following information:

 

A)        the title and case number of the proceeding;

 

B)        the name, address and phone number of the party requesting the subpoena and its representative;

 

C)        a detailed description of the books, papers, documents or other objects to be produced pursuant to the subpoena;

 

D)        the name of the person to be served with the subpoena; and

 

E)        the date, time and place of production to be commanded.

 

2)         Applications must be filed with the Board and served on the other  parties to the case at least 10 days before the hearing and 10 days before the date on which the documents are to be produced.  The date and time for production of documents may be prior to the hearing.  The requested subpoenas may be picked up at the Board's office where the hearing will be held or at the office specified by the applicant in the subpoena request.  Upon request, the Board will mail the subpoenas to the applicant.

 

3)         The party requesting the subpoenas shall be responsible for serving the  subpoenas at least 5 days before the hearing date and 5 days before the date on which the documents are to be produced.

 

4)         Confidential Board documents as defined in 2 Ill. Adm. Code 2501.220(a) shall not be subpoenaed.

 

c)         Motions to Revoke Subpoenas

A person objecting to the subpoena may file a motion to revoke the subpoena.  The motion must be filed at least 3 days prior to the hearing and 3 days before the date on which the documents are to be produced.  The motion shall be filed with the Administrative Law Judge assigned to the case. Grounds for revocation shall include irrelevance, undue burden and privilege.

 

d)         Subpoenas in Impasse Proceedings

Subpoenas in impasse proceedings shall be handled in accordance with 80 Ill. Adm. Code 1230.90.  Motions to revoke the subpoena in such proceedings shall be filed with the arbitrator or fact-finder.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.100  Transfer of Jurisdiction

 

a)         Whenever a proceeding is instituted before either the State or Local Panel of the Illinois Labor Relations Board and it appears that the matter is properly subject to the other Panel's jurisdiction, the first Panel shall transfer the case to the other Panel.

 

b)         Whenever one Panel has transferred a case to the other Panel, the other Panel can refuse to accept the transfer if it believes that it does not have jurisdiction.  The other Panel's refusal to accept the transfer shall automatically initiate the scheduling of a joint meeting of the State and Local Panels to resolve the jurisdictional issue.

 

c)         Whenever only one member of either Panel believes that a case before that Panel is subject to the jurisdiction of the other Panel, that member shall initiate a joint Panel proceeding to resolve the jurisdictional issue.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.105  Consolidation of Proceedings

 

The Board shall consolidate two or more representation or unfair labor practice cases when the following 3 conditions are met.

 

a)         The cases involve common parties or issues of law or fact and/or grow out of the same transaction or occurrence;

 

b)         Consolidation would not prejudice the rights of the parties; and

 

c)         Consolidation would result in the efficient and expeditious resolution of cases.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.110  Amicus Curiae Briefs (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 7365, effective May 01, 2003)

 

Section 1200.120  Voluntary Settlement or Adjustment of Disputes

 

The Board, as a matter of policy, encourages the voluntary efforts of the parties to settle or adjust disputes involving issues of representation, unfair labor practices, and interest and rights disputes.  Any such efforts at resolution or conciliation and any resulting settlements shall be in compliance with the provisions, purposes and policies of the Act.  Any facts, admissions against interest, offers of settlement or proposals of adjustment that have been submitted pursuant to this Section shall not be used as evidence of a violation of the Act.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.130  Rules of Evidence

 

Considering the nature of the case and the representatives of the parties, the Administrative Law Judge will, insofar as practicable, apply the rules of evidence applicable in Illinois courts.  The Administrative Law Judge may, upon proper objection, exclude evidence that is irrelevant, immaterial or unduly repetitious.  Evidence may be presented in the form of testimony, exhibits, or stipulations.  Testimonial evidence shall be taken only on oath or affirmation.

 

(Source:  Amended at 27 Ill. Reg. 7365, effective May 01, 2003)

 

Section 1200.135  Appeals Procedures, Board Review and Court Review

 

a)         Executive Director's Orders

 

1)         Parties may appeal to the Board orders of the Executive Director, except orders setting matters for hearing.  Notice of appeal and all supporting materials shall be filed with the Board's General Counsel, in the Board's Chicago office, no later than 10 days after service of the Executive Director's order.  The appeal shall be served on all other parties in accordance with Section 1200.20.

 

2)         A party may file a response to the appeal and all materials in support of the response no later than 5 days after service of the appeal.  The response shall be served on all other parties in accordance with Section 1200.20.

 

3)         The Board will review an Executive Director's order only upon the timely filing of an appeal.  The Board may adopt all, part or none of the order depending on the extent to which it is consistent with the record and applicable law.  The Board shall issue and serve on all parties its decision and order.

 

b)         Administrative Law Judge's Recommended Decision and Order

 

1)         Proceedings

 

A)        In representation proceedings, parties may file exceptions to the Administrative Law Judge's recommended decision and order, and briefs in support of those exceptions, no later than 14 days after service of the recommended decision and order.  Parties may file responses to exceptions and briefs in support of the responses no later than 10 days after service of the exceptions.  In such responses, parties that have not previously filed exceptions may include cross-exceptions to any portion of the Administrative Law Judge's decision.  Within 5 days from the filing of the cross-exceptions, parties may file cross-responses to the cross-exceptions.  Cross-responses shall be limited to the questions raised in the cross-exceptions.  All exceptions, responses, cross-exceptions and cross-responses shall be filed in accordance with Section 1200.135.  Each party shall serve its exceptions, cross-exceptions, responses, cross-responses, and briefs on the other parties.  If the original exceptions are withdrawn, then all subsequent exceptions are moot.

 

B)        In unfair labor practice proceedings, parties may file exceptions to the Administrative Law Judge's recommended decision and order, and briefs in support of those exceptions, no later than 30 days after service of the recommended decision and order.  Parties may file responses to exceptions and briefs in support of the responses no later than 15 days after service of the exceptions.  In such responses, parties that have not previously filed exceptions may include cross-exceptions to any portion of the Administrative Law Judge's decision.  Within 7 days from the filing of such cross-exceptions, parties may file cross-responses to the cross-exceptions.  Cross-responses shall be limited to the questions raised in the cross-exceptions.  All exceptions, responses, cross-exceptions and cross-responses shall be filed in accordance with Section 1200.135.  Each party shall serve its exceptions, cross-exceptions, responses, cross-responses, and briefs on the other parties.

 

C)        In either type of proceeding, exceptions, responses, cross-exceptions, cross-responses and briefs, shall be filed with the Board's General Counsel in the Board's Chicago office.  A party not filing timely exceptions waives its right to object to the Administrative Law Judge's recommended decision and order.

 

2)         Exceptions and/or cross-exceptions shall specifically set forth the questions of procedure, fact, law or policy to which exception is taken, shall identify that part of the Administrative Law Judge's recommended decision and order to which objection is made, and shall state the grounds for the exceptions and shall include the citation of authorities and citations to the record unless set forth in a supporting brief.  Any exception to a ruling, finding, conclusion or recommendation that is not specifically urged shall be deemed to have been waived.  Any exception that fails to comply with the foregoing requirements may be disregarded.

 

3)         Any brief in support of exceptions shall be confined to the subjects raised in the exceptions and shall contain:

 

A)        a clear and concise statement of the case containing all that is material to the consideration of the questions presented;

 

B)        a specification of the questions involved and the issues to be argued; and

 

C)        an argument, presenting clearly the points of fact and law relied upon in support of the position taken on each question.

 

4)         The Board will review the Administrative Law Judge's recommended decision and order upon timely filing of exceptions or at any time on its own motion.  The Board may adopt all, part or none of the recommended decision and order depending on the extent to which it is consistent with the record and applicable law.  The Board shall issue and serve on all parties its decision and order.

 

A)        In representation proceedings, if the Board determines that a question concerning representation exists, the Board shall direct the holding of an election on a date and at a time and place set by the Board.  The Board shall direct the posting of a Notice of Election.  Within 7 days following the Board's direction of an election, the employer shall furnish the Board and the labor organization with a list of the full names, alphabetized by last name, and addresses of the employees eligible to vote in the election.  The list shall be provided by personal delivery or certified mail.  The employer shall obtain receipts verifying delivery.

 

B)        In unfair labor practice proceedings, the Board will retain jurisdiction over the case to ensure the parties' compliance with the Board order. Unless overturned by the Board, the parties must comply with the recommended decision and order.

 

5)         If no exceptions to the Administrative Law Judge's recommended decision and order have been filed within the prescribed time period, the parties will be deemed to have waived their exceptions.  Unless the Board reviews the recommended decision and order upon its own motion, it will not be legal precedent and shall be final and binding only on the parties to that proceeding.  The Board's General Counsel shall issue an order so providing.

 

c)         Requests for Oral Argument

Parties desiring oral argument before the Board shall request oral argument and state the reasons for the requests in their appeals, exceptions and responses. The Board shall grant or deny requests for oral argument depending upon the significance, complexity and novelty of the issues. In addition, the Board may, on its own motion, request oral argument, depending upon the significance, complexity and novelty of the issues.

 

d)         Court Review of Board Orders

Appeals to a Board's decision shall be made in accordance with Sections 9(i) and 11(e) of the Act.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.140  Briefs

 

a)         For purposes of this Section, "briefs" shall be deemed to include:

 

1)         post-hearing briefs before an Administrative Law Judge;

 

2)         briefs in support of appeals from Executive Director's orders and responses to those orders, inclusive of any separate appeal or response document filed with the brief;

 

3)         briefs in support of exceptions and cross-exceptions to an Administrative Law Judge's recommended decision and order and responses to that decision and order, inclusive of any separate exceptions, cross-exceptions or response document filed with the brief;

 

4)         briefs in support of or opposition to petitions for declaratory ruling;

 

5)         objections to compliance orders; and

 

6)         amicus curiae briefs filed pursuant to subsection (c).

 

b)         All briefs, including supporting materials, shall be no more than a total of 50 double-spaced pages with margins of at least ½ inch, including attachments. All of the pages in excess of the 50 page limit will be rejected, unless leave is granted.  In the extraordinary circumstance that a case involves extremely complex issues, issues of first impression, or a lengthy factual record, a party may seek leave to file a brief in excess of 50 pages by filing a motion requesting leave.  Motions seeking leave must be filed before the deadline for filing the brief at issue and should be directed to the Administrative Law Judge with whom the brief is pending or the General Counsel if the brief is on a matter before the Board.

 

c)         Interested non-parties may file a motion with the Board to request leave to file an amicus curiae brief or the Board, on its own motion, may solicit such briefs.  The Board's standards by which to grant leave to file an amicus brief will include the importance of the issue presented, the general application of the issue presented and the need perceived by the Board for additional briefing on the issue presented.  The amicus curiae brief shall conform to any conditions imposed by the Board for briefs in the case in which the brief is filed.  These interested non-parties may be invited to participate in oral arguments heard by the Board.  The Board will accept amicus curiae briefs in its proceedings.  The filing of these briefs shall not serve to postpone or delay the proceedings.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.143  Declaratory Rulings

 

Parties may petition the Board's General Counsel for a declaratory ruling, pursuant to Section 5-150 of the Illinois Administrative Procedure Act [5 ILCS 100/5-150], as follows:

 

a)         In general public employee bargaining units covered by 80 Ill. Adm. Code 1230.Subpart C, if, after the commencement of negotiations and before reaching agreement, the exclusive representative and the employer have a good faith disagreement over whether the Act requires bargaining over a particular subject or particular subjects, they may jointly petition for a declaratory ruling concerning the status of the law.

 

1)         The petition must be signed by both parties and must contain the name, address, email address, telephone number and person to contact for each party, the date negotiations began, a statement of the legal issue on which a declaratory ruling is sought, and a copy of the most recently negotiated contract, if any.

 

2)         Declaratory rulings shall not be issued concerning factual issues that are in dispute.

 

3)         Each party shall file a brief no later than 10 days after the filing of the petition, unless an extension has been granted by the General Counsel.

 

4)         Any party desiring oral argument shall request oral argument in writing prior to or at the time of the filing of its brief.  The General Counsel shall determine whether oral argument is warranted by the particular issues involved.  Oral argument shall be held no later than 7 days after the filing of the briefs.

 

5)         The General Counsel shall issue a declaratory ruling no later than 45 days after receipt of the parties' briefs.  Pursuant to Board practice and caselaw, the Board considers General Counsel declaratory rulings to be non-binding advisory opinions.  Consequently, the Board's General Counsel declaratory rulings are not appealable.

 

6)         The parties shall continue to have a duty to bargain in good faith during the pendency of a declaratory ruling petition.  The pendency of a declaratory ruling petition shall not stay the running of the 60 and 30 day notice periods provided in 80 Ill. Adm. Code 1230.140(a), (b), and (c).  Nor shall the pendency of a declaratory ruling petition stay the running of the 5 day notice of intent to strike required under Section 17(a)(5) of the Act.

 

b)         In protective service employee bargaining units covered by 80 Ill. Adm. Code 1230.Subpart B, if, after the commencement of negotiations and before reaching agreement, the exclusive representative and the employer have a good faith disagreement over whether the Act requires bargaining over a particular subject or particular subjects, they may jointly petition for a declaratory ruling concerning the status of the law.  If a request for interest arbitration has been served in accordance with 80 Ill. Adm. Code 1230.70 and either the exclusive representative or the employer has requested the other party to join it in filing a declaratory ruling petition and the other party has refused the request, the requesting party may file the petition on its own, provided that the petition is filed no later than the first day of the interest arbitration hearing.

 

1)         A joint petition must be signed by both parties.  A petition filed by only one party must contain a statement that the other party has refused a request to join in the petition, and must contain a copy of the request for interest arbitration.  All petitions must contain the name, address, email address, telephone number and person to contact for each party, the date negotiations began, a statement of the legal issue on which a declaratory ruling is sought, and a copy of the most recently negotiated contract, if any.

 

2)         Declaratory rulings shall not be issued concerning factual issues that are in dispute.  In the case of a unilateral petition for declaratory ruling in which the General Counsel has determined that material issues of fact are in dispute, the General Counsel may either dismiss the petition without prejudice to the requesting party's right to file an unfair labor practice charge, or, where the General Counsel determines that a fact-finding of the disputed factual issues will facilitate a determination of the issues that are the subject of the petition, the issuance of the declaratory ruling may be deferred and the disputed issues of fact referred to the Interest Arbitration Panel for determination.

 

3)         Each party shall file a brief no later than 10 days after the filing of a joint petition, or no later than 10 days after the service of a petition filed by only one party, unless an extension has been granted by the General Counsel.

 

4)         Any party desiring oral argument shall request oral argument in writing prior to or at the time of the filing of its brief.  The General Counsel shall determine whether oral argument is warranted by the particular issues involved.  Oral argument shall be held no later than 7 days after the filing of the briefs.

 

5)         The General Counsel shall issue a declaratory ruling no later than 45 days after receipt of the parties' briefs.  Declaratory rulings shall not be appealable.

 

6)         The parties shall continue to have a duty to bargain in good faith during the pendency of a declaratory ruling petition.  The pendency of a declaratory ruling petition shall not stay mediation or interest arbitration proceedings required under the Act.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.145  Filing of Contracts

 

a)         Within 60 days after a new collective bargaining agreement that is subject to the Act has been signed by the parties, the parties shall be jointly responsible for filing with the Board a copy of the agreement in .pdf and paper form.

 

b)         The collective bargaining agreements shall be accompanied by a designated Board form setting forth the following information:

 

1)         names, addresses, email addresses, telephone and fax numbers of the parties and their representatives;

 

2)         the contract's execution and expiration dates; and

 

3)         the composition of the bargaining unit and whether the unit is a general public employee unit or a protective services unit.

 

c)         The Board's acceptance of the contract for filing is not determinative of any substantive issues in any proceedings before the Board, such as the existence of a valid historical unit or of a valid collective bargaining relationship between the parties or that the contract is sufficient to establish a contract bar under 80 Ill. Adm. Code 1210.

 

d)         Failure of the parties to comply with the above filing requirements may cause any representation petitions or requests for mediation and/or arbitration to be delayed until that information is submitted to the Board.

 

(Source:  Amended at 40 Ill. Reg. 10892, effective August 1, 2016)

 

Section 1200.150  Conflicts of Interest

 

No person who has been a Board member or an employee of the Board shall engage in practice before the Board in any respect in connection with any case or proceeding that was pending during the person's membership on or employment with the Board.

 

(Source:  Amended at 27 Ill. Reg. 7365, effective May 01, 2003)

 

Section 1200.160  Variances and Suspensions of Rules

 

The provisions of this Part or 80 Ill. Adm. Code 1210, 1220 or 1230 may be waived by the Board when it finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 27 Ill. Reg. 7365, effective May 01, 2003)

 

Section 1200.170  Board Member Meeting Attendance by Means other than Physical Presence

 

The Board may allow a member of the Board to attend a meeting of the State or Local Panel or a joint meeting of the State and Local Panels by means of video or audio conference if:

 

a)         there is physically present at the meeting a quorum of the members of that panel or, in the case of a joint meeting of the State and Local Panels, a quorum consisting of the State Panel Chairman, serving as Chariman of the joint panel meeting, at least two other members of the State Panel, and at least one member of the Local Panel, as required by Section 2.01 of the Open Meeting Act;

 

b)         except when advance notification is impractical, the member wishing to participate by means of video or audio conference has notified the Board's secretary of this desire prior to the meeting; and  

 

c)         the member is not able to be physically present at the meeting because of:

 

1)         personal illness or disability;

 

2)         the business of the Board; or

 

3)         a family or other emergency affecting the member.

 

(Source:  Added at 37 Ill. Reg. 20637, effective December 13, 2013)