PART 1100 GENERAL PROCEDURES : Sections Listing

TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100 GENERAL PROCEDURES

AUTHORITY: Implementing and authorized by Section 5(i) of the Illinois Educational Labor Relations Act [115 ILCS 5] and by Sections 2.05, 2.06 and 7 of the Open Meetings Act [5 ILCS 120].

SOURCE: Emergency rules adopted at 8 Ill. Reg. 8638, effective June 6, 1984, for a maximum of 150 days; adopted at 8 Ill. Reg. 22548, effective November 5, 1984; amended at 14 Ill. Reg. 1270, effective January 5, 1990; amended at 26 Ill. Reg. 11472, effective July 23, 2002; emergency amendment at 28 Ill. Reg. 971, effective January 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 7932, effective May 28, 2004; amended at 35 Ill. Reg. 14438, effective August 12, 2011; amended at 38 Ill. Reg. 8371, effective April 1, 2014; amended at 41 Ill. Reg. 10566, effective August 1, 2017; emergency amendment at 44 Ill. Reg. 15998, effective September 9, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1808, effective February 1, 2021.

 

Section 1100.10  Definitions

 

a)         The term "Act" shall mean the Illinois Educational Labor Relations Act [115 ILCS 5].

 

b)         This Part incorporates the definitions contained in Section 2 of the Act.

 

c)         The term "incumbent employee organization" or "incumbent exclusive representative" shall mean the existing exclusive representative of the employees in the bargaining unit.

 

d)         The term "charging party" shall mean the person who files an unfair labor practice charge.

 

e)         The term "respondent" shall mean the party named in an unfair labor practice charge or complaint as having allegedly committed the unfair labor practice.

 

f)         The term "scheduled start of the forthcoming school year" shall mean the first date scheduled for student attendance for that year.

 

g)         The term "professional instructional personnel" shall mean, in the case of a public school district, any employee whose position requires a certificate issued pursuant to Article 21 of the School Code [105 ILCS 5/Art.21]. 

 

h)         The term "professional instructional personnel" shall mean in the case of an employer other than a public school district, any employee whose position includes or could include the provision of academic instruction to students.

 

i)          The term "legal holiday" shall mean a "legal school holiday" as specified in Sec. 24-2 of the School Code (not to include "special holidays" or "commemorative holidays"), or a holiday observed by the Board.

 

j)          The term "representation petition" shall include both a petition seeking recognition as exclusive representative through an election and a petition seeking recognition as exclusive representative through the Board's card check procedures (majority interest petition).

 

(Source:  Amended at 28 Ill. Reg. 7932, effective May 28, 2004)

 

Section 1100.20  Filing and Service of Documents

 

a)         All documents relating to any proceeding before the Illinois Educational Labor Relations Board (the Board) shall be filed in either the Board's Springfield or Chicago office or shall be sent to the Board's electronic mailbox (ELRB.mail@illinois.gov). Except as otherwise specified in the rules of the Board, documents shall be considered filed with the Board on the date they are received by the Board, except that documents sent by certified or registered mail shall be considered to have been filed on the date on which they are postmarked, and documents sent by overnight delivery service shall be considered to have been filed on the date the receipt shows they were given to the overnight delivery service.  A party may file a document by facsimile if the party also sends a hard copy.  Documents may also be filed electronically.  The Board may direct parties to provide hard copies of documents.  Documents, including but not limited to documents filed electronically, must be received by the close of business in order to be considered to have been filed that day.  Except for documents filed electronically, a party must file an original and two copies of each document in proceedings before a hearing officer or the Board.

 

b)         Whenever 80 Ill. Adm. Code: Subtitle C, Chapter III requires that a document be on a form developed by the Board, the document may be prepared on a form obtained from the Board or on a facsimile thereof.  Minor deviations in the form of a document shall not be grounds for objecting to the document.  Minor deviations are those deviations that involve form but not substance and thus do not prejudice any other party to the case.

 

c)         The Board will serve final Board opinions, complaints and notices of hearing, petitions, intervening claims, unfair labor practice charges, and fair share fee objections on the appropriate parties by personal service, registered or certified mail, leaving a copy at the principal office or place of business of the person required to be served, or email in accordance with subsection (g).  A party may agree to service of the above documents by other means by giving written consent.  The Board may serve other documents by other means.

 

d)         All documents, except those listed in subsection (c), will be served on the appropriate parties by the party propounding the document by means calculated to provide proper service.  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.  Subpoenas will be served by the party requesting the subpoena by personal service, registered or certified mail, leaving a copy at the principal office or place of business of the person required to be served, or email in accordance with subsection (g).

 

e)         Whenever a document is filed with the Board, it shall be accompanied by a certificate of service.  A certificate 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.

 

f)         Failure of a party to serve a document or failure to attach a certificate of service may be grounds to strike the document, if the failure results in prejudice to another party (such as lack of notice or detrimental reliance) or demonstrates disregard of the Board's processes (such as continued noncompliance).

 

g)         The Board may provide service upon a party or its representative through email.  Documents issued by the Board in connection with a Board proceeding may be served by email in lieu of other specified means of service. The following procedures for service of documents and other information by verifiable electronic methods, including, but not limited to, email (collectively referred to as "service") will apply to service under 80 Ill. Adm. Code, Subtitle C, Chapter III:

 

1)         A party or its representative shall designate an email address at which service is accepted upon filing an unfair labor practice charge, representation petition, or notice of appearance. 

 

2)         A party or its representative shall immediately notify the Board of a change of email address.  Any person or entity who regularly practices before the Board shall verify the email address on an annual basis.

 

3)         The showing of interest in a representation petition shall not be served by email. No document containing protected confidential or personally identifying information, as set out in Section 10-75(b) of the Illinois Administrative Procedure Act [5 ILCS 100], shall be served by email.

 

4)         Service by email is effective at the time of the transmission and will be deemed confirmed unless a failure to deliver message is received for all designated email addresses for that Board proceeding. If the Board receives notification that service to all designated email addresses fails, the Board will accomplish service by some other means, such as facsimile or First-Class or Priority Mail to the last facsimile or mailing address provided by the party.

 

(Source:  Amended at 45 Ill. Reg. 1808, effective February 1, 2021)

 

Section 1100.30  Computation and Extensions of Time

 

a)         In computing any period of time prescribed by the Act or this Part or 80 Ill. Adm. Code 1105, 80 Ill. Adm. Code 1110, 80 Ill. Adm. Code 1120, 80 Ill. Adm. Code 1125, 80 Ill. Adm. Code 1130, and 80 Ill. Adm. Code 1135, except for objections to an election, the day of the act, event, or default after which the designated period of time begins to run shall not be included.  The last day of the period so computed shall be included.  If the last day of the period so computed 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 80 Ill. Adm. Code: Subtitle C, Chapter III is less than seven days, intervening Saturdays, Sundays or legal holidays shall not be included.  Time periods shall otherwise be calculated according to calendar days.

 

c)         Whenever a time period begins running upon the service of notice or other document upon a party, and service is effected by first class mail, three days shall be added to the prescribed period. However, three days shall not be added if any extension of time has been granted.

 

d)         In all proceedings before the Board, extensions of time will be granted only upon timely written motion to the General Counsel, if the matter is before the members of the Board, or the presiding hearing officer if the matter is before a hearing officer, and only upon a specific showing that compliance with the deadline would be unduly burdensome for the party seeking the extension, and the extension will not unduly delay the proceeding (undue delay to be determined by factors including the length of the requested extension, the length of time the matter has been pending, whether the party has previously requested extensions and the impact of delay on other parties).

 

(Source:  Amended at 41 Ill. Reg. 10566, effective August 1, 2017)

 

Section 1100.40  Hearing Officers (Repealed)

 

(Source:  Repealed at 41 Ill. Reg. 10566, effective August 1, 2017)

 

Section 1100.50  Recording of Hearings (Repealed)

 

(Source:  Repealed at 41 Ill. Reg. 10566, effective August 1, 2017)

 

Section 1100.60  Representation of Parties

 

Subject to any restrictions on the unauthorized practice of law, 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.

 

(Source:  Amended at 41 Ill. Reg. 10566, effective August 1, 2017)

 

Section 1100.70  Subpoenas

 

a)         All subpoenas shall be issued by the Board upon written application of a party to the Administrative Law Judge or hearing officer, or, in the event that an Administrative Law Judge or hearing officer has not been named, to the General Counsel.  The application shall contain the name and address of the party and its representative, the name of the person to be subpoenaed, and, when applicable, a description of any documents to be produced.

 

b)         A person objecting to the subpoena, including a subpoena duces tecum, may file a motion to revoke the subpoena.  Any motion to revoke a subpoena shall be filed with the hearing officer or Administrative Law Judge or, in the event that a hearing officer or Administrative Law Judge has not been named, with the General Counsel.  The motion must be filed by the date on which the person is required to appear or the documents are to be produced, and, in any event, no later than five days after service of the subpoena.  Grounds for revocations of subpoenas shall include such factors as irrelevance, burdensomeness of compliance, or privilege.

 

c)         Witnesses appearing at a hearing pursuant to subpoenas 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 Circuit Courts Act [705 ILCS 35].  Witness fees and mileage shall be paid by the party at whose request the subpoena was issued.

 

d)         A subpoena duces tecum shall specify the date for production of the documents.  If the date so specified is other than at the hearing, the date specified for production shall be a date in advance of the hearing, which shall be no less than 10 days after the receipt of the subpoena by the person or entity to whom it is directed.

 

e)         A party may be awarded its costs and reasonable attorney's fees incurred in seeking enforcement of a subpoena when the noncompliant party has, in refusing to comply with the subpoena, made allegations or denials without reasonable cause that are found to be untrue or has engaged in frivolous litigation for the purpose of delay or needless increase in the cost of litigation.

 

(Source:  Amended at 41 Ill. Reg. 10566, effective August 1, 2017)

 

Section 1100.80  Limitation on Practice Before the Board by Former Employees

 

No person who has been a Board member or an employee of the Board shall engage in practice before the Board or its agents in any respect in connection with any case or proceeding in which he participated which was pending during the time of his membership on the Board or employment with the Board.

 

(Source:  Amended at 14 Ill. Reg. 1270, effective January 5, 1990)

 

Section 1100.90  Amicus Curiae

 

Amicus Curiae briefs may be filed by leave of the Board, or at the request of the Board.  A motion for leave to file an amicus curiae brief will state the reasons why an amicus curiae brief is desirable. 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. The amicus curiae brief shall be filed on or before the due date of the initial brief of the party whose position it supports.  Amicus curiae parties will be invited to participate in oral arguments heard by the Board.

 

(Source:  Added at 14 Ill. Reg. 1270, effective January 5, 1990)

 

Section 1100.100  Gender Usage

 

Whenever the masculine gender is used in 80 Ill. Adm. Code: Subtitle C, Chapter III, that reference also refers to the female gender.

 

(Source:  Added at 14 Ill. Reg. 1270, effective January 5, 1990)

 

Section 1100.105  Qualifications of Administrative Law Judges

 

In all contested case hearings, the Hearing Officer shall be an administrative law judge.  The administrative law judge shall be an attorney licensed to practice law in Illinois.  The administrative law judge shall be an employee of the Board or an individual hired by contract with the Board for the purpose of conducting a particular hearing.

 

(Source:  Added at 26 Ill. Reg. 11472, effective July 23, 2002)

 

Section 1100.110  Conflict of Interest

 

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 submitted 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 appoint another administrative law judge to hear the case.

 

(Source:  Added at 26 Ill. Reg. 11472, effective July 23, 2002)

 

Section 1100.120  Oral Argument

 

Oral argument shall be allowed only at the discretion of the Board.  The Board shall direct oral argument when it determines that oral argument will assist determination of the issues.

 

(Source:  Added at 35 Ill. Reg. 14438, effective August 12, 2011)

 

Section 1100.130  Board Meeting Procedures

 

a)         If a quorum of Board members is physically present at a Board meeting, a Board member may be allowed to attend by video or audio conferencing if that Board member cannot be physically present at the meeting because of personal illness or disability; employment purposes or the business of the public body; or a family or other emergency.  The Board member must provide advance notice to the Chair of the Board unless advance notice is impractical.

 

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 unless the Board gives permission.

 

c)         Any person shall be permitted to photograph, tape, film or otherwise record the open portions of Board meetings.  Persons may be required to locate their cameras or other recording devices at a sufficient distance from the Board members as is necessary to avoid interference with the Board's discussion.

 

(Source:  Added at 38 Ill. Reg. 8371, effective April 1, 2014)