Section 1105.80  Decisions and Exceptions

a)         The hearing officer shall issue a decision and give reasons for that decision in writing pursuant to the time limits established in 80 Ill. Adm. Code 1110.100(h) of the rules of the Board.  Any findings of fact in this decision must be based exclusively upon the evidence in the record and on matters of which official notice has been taken.

b)         The parties may file exceptions to the hearing officer's recommended decisions and briefs in support of those exceptions no later than fourteen days after receipt of the recommended decision.  Those exceptions and briefs shall be filed with the General Counsel. Exceptions shall specify each finding of fact and conclusion of law to which exception is taken. Copies of all exceptions and supporting briefs shall be served upon all other parties and a certificate of service shall be attached.  The other parties shall have fourteen days from receipt of the exceptions and supporting brief to file a response with the General Counsel. Such response shall be served on all parties and a certificate of service shall be attached.  A party may also file cross-exceptions and a supporting brief no later than 14 days from receipt of another party's exceptions and supporting brief.  Those cross-exceptions and supporting brief shall be filed with the General Counsel.  Copies of the cross-exceptions and supporting brief shall be served upon all other parties and a certificate of service shall be attached.  The other parties shall have 14 days from receipt of the cross-exceptions and supporting brief to file a response with the General Counsel.  Such response shall be served upon all parties and a certificate of service shall be attached.  Parties shall file the original and seven copies of their exceptions, cross-exceptions and supporting brief or response with the General Counsel. The General Counsel shall provide the Board with copies of the exceptions, cross-exceptions, briefs, and the recommended decision.

c)         The Board shall review the hearing officer's decision and any exceptions pursuant to 80 Ill. Adm. Code 1110.100(j) and will issue and serve upon all parties a written decision giving the Board's reasons for its determination. An order of the Board dismissing a representation petition, determining and certifying that a labor organization has been fairly and freely chosen by a majority of employees in an appropriate bargaining unit, determining and certifying that a labor organization has not been fairly and freely chosen by a majority of employees in the bargaining unit or certifying a labor organization as the exclusive representative of employees in an appropriate bargaining unit because of a determination by the Board that the labor organization is the historical bargaining representative of employees in the bargaining unit, is a final order (Section 7(d) of the Act). An order of the Board dismissing or granting a petition for clarification of an existing bargaining unit, or dismissing or granting an amendment of certification is a final order.

d)         If no exceptions have been filed within 14 days after the parties' receipt of the Hearing Officer's decision, the parties will be deemed to have waived their exceptions.

e)         In cases removed to the Board pursuant to 80 Ill. Adm. Code 1110.100(e) of the Rules of the Board, the Board shall review the record and briefs submitted by the parties and shall issue and serve upon all parties a written decision and order. This decision and order shall include the Board's reasons for its decision.

(Source:  Amended at 28 Ill. Reg. 8710, effective June 6, 2004)