Section 1110.10  General Statement of Purpose

 

The regulations contained in this Part detail the procedures that employers, employees, and employee organizations should use for employer voluntary recognition of an employee organization and for instituting representation and related proceedings.  These procedures are the exclusive means by which an educational employer may recognize an employee organization after the effective date of this Part if the bargaining relationship and any ensuing collective bargaining agreement are to be pursuant to the Illinois Educational Labor Relations Act (the Act) [115 ILCS 5] and subject to the processes of this Board.

 

(Source:  Amended at 28 Ill. Reg. 7938, effective May 28, 2004)

 

Section 1110.15  Investigations

 

The extent and nature of all investigations by the Board or its designated agents in the course of representation proceedings shall be determined by the specific issues and facts raised by the parties.

 

a)         Investigations of the showing of interest for representation petitions and intervention in elections shall include a review of the evidence submitted to the Board that a sufficient number of employees desire representation by an employee organization for purposes of collective bargaining in order to establish that the levels of interest required by the Act and this Part have been met.

 

b)         Investigations of the showing of interest for a decertification petition shall include a review of the evidence submitted to the Board that 30 percent of the employees in the bargaining unit no longer desire to be represented by the incumbent bargaining agent.  The Board of its designated agent will interview witnesses and take statements when necessary to ascertain whether the evidence was obtained in accordance with the Act and this Part.

 

c)         Investigations relating to all other matters under this Part shall include a review of all documents and other evidence submitted by the parties and, when necessary, interviews of representatives of the parties or other persons having knowledge of relevant facts.

 

Section 1110.20  Employee Organizations Seeking Recognition

 

a)         An employee organization seeking recognition in a bargaining unit in which no other employee organization has lawfully attained representation rights may either request that the employer voluntarily recognize it or may file a representation petition with the Board.

 

b)         An employee organization seeking recognition in a bargaining unit in which another employee organization has lawfully attained representation rights may pursue its request only by filing a representation petition with the Board.

 

Section 1110.30  Employer Responses to Recognition Requests

 

a)         An employer faced with a request for recognition in a bargaining unit that is not currently represented by an employee organization may file a representation petition with the Board, may decline to respond to the request, or, if an election is sought, may consent to a representation election.  Where the bargaining unit is not currently represented, the employer shall recognize an employee organization that seeks voluntary recognition if that organization appears to represent a majority of employees in the unit and if the voluntary recognition procedures specified in Section 1110.40 of this Part are followed.

 

b)         An employer faced with a request for recognition in a bargaining unit in which another employee organization has lawfully attained representation rights may file a representation petition with the Board, may decline to respond to the request, or, if an election is sought, may consent to a representation election.  The employer may not resort to the voluntary recognition procedures in response to such a request.

 

(Source:  Amended at 28 Ill. Reg. 7938, effective May 28, 2004)

 

Section 1110.40  Voluntary Recognition Procedures

 

a)         Voluntary recognition procedures may not be used under the following circumstances:

 

1)         whenever another employee organization has lawfully attained representation rights as the exclusive representative of the employees in the bargaining unit;

 

2)         whenever there has been a valid representation election or a majority interest petition has been dismissed within the preceding 12 months;

 

3)         whenever the proposed bargaining unit would include both professional and nonprofessional employees.

 

b)        An employee organization is not required to follow voluntary recognition procedures prior to employing majority interest procedures.

 

c)         Whenever a party intends to use the voluntary recognition procedures, the party shall notify the Board of its intent.  The notification shall be on a form developed by the Board and shall include:

 

1)         the name and address of the employer;

 

2)         the name, address and affiliation, if any, of the employee organization to be recognized;

 

3)         a description of the proposed bargaining unit;

 

4)         the approximate number of employees in the proposed bargaining unit;

 

5)         the reasons why  the employee organization appears to represent a majority of the employees;

 

6)         the date on which the employer posted or intends to post the voluntary recognition notice; and

 

7)         a copy of the voluntary recognition notice that has been or will be posted.

 

d)         The employer must post the voluntary recognition notice provided by the Board on bulletin boards and other places where notices for employees in the bargaining unit are customarily placed.

 

e)         The notice shall remain posted for a period of at least 20 school days.  For purposes of computing the 20-day period, a school day shall not include weekends, days on which holidays are recognized, or any day on which a significant portion of the regularly scheduled work force in the bargaining unit is not scheduled to work.  The employer shall attempt to ensure that the notice is not removed or defaced and shall replace any notice that is removed or defaced.

 

f)         During the posting period, any competing employee organization may file a petition with the Board.  Prior to, or simultaneously with, its filing with the Board, the petition shall also be served on the employer and the employee organization that was to have been voluntarily recognized. The petition shall be on a form developed by the Board and shall contain:

 

1)         the name, address and affiliation, if any, of the employee organization;

 

2)         the names of the employer and employee organization that the employer intends to voluntarily recognize;

 

3)         a description of the proposed bargaining unit;

 

4)         the date the voluntary recognition notice was posted; and

 

5)         the date the posting period is scheduled to terminate.

 

g)         A competing employee organization's petition must be supported by a showing of interest by at least 15 percent of the employees in an appropriate bargaining unit which includes all or some of the employees in the unit intended to be recognized (Section 7(b) of the Act).

 

h)         Upon the filing of a competing employee organization's petition, the Board shall treat the notification of intent to use the voluntary recognition proceedings as a representation proceeding.  The Board shall proceed in accordance with Section 7(c) of the Act and Sections 1110.90 through 1110.150.

 

i)          The petition must be supported by objective evidence that a majority of the employees in the bargaining unit wish to be represented by the employee organization.

 

1)         If authorization cards are offered as evidence, those cards that would not qualify as evidence in support of a representation petition, pursuant to Section 1110.80(c) and (d), will not be considered sufficient evidence of majority status.

 

2)         If employees signing such authorization cards have also signed cards authorizing other employee organizations to represent them, those cards will not be considered sufficient evidence of majority status.

 

j)          If no competing employee organization petitions have been filed with the Board by the termination of the posting period, the Board will investigate the voluntary recognition request.

 

1)         If the Board concludes that the employee organization represents a majority of the employees in the bargaining unit, and that the petition is otherwise consistent with the Act and this Part, the Board shall certify the employee organization as the exclusive representative of the employees.

 

2)         If the Board determines that there is insufficient evidence to support the claim of majority status, or that the petition otherwise contravenes the Act or this Part, the Board shall dismiss the petition without prejudice to the filing of a representation petition by either the employer or the employee organization.

 

(Source:  Amended at 41 Ill. Reg. 10587, effective August 1, 2017)

 

Section 1110.50  Representation Petitions

 

a)         A representation petition may be filed by:

 

1)         an employee, a group of employees, or an employee organization; or

 

2)         an employer alleging that one or more labor organizations have presented a claim to be recognized as an exclusive bargaining representative of a majority of the employees in an appropriate unit and that it doubts the majority status of any of the organizations or that it doubts the majority status of an exclusive representative (Section 7(c)(2) of the Act).

 

b)         Representation petitions shall be signed by a representative of the petitioning party and shall contain:

 

1)         the name and address of the employer;

 

2)         the name, address, and affiliation, if any, of the employee organization;

 

3)         a description of the proposed bargaining unit which petitioner claims to be appropriate;

 

4)         the approximate number of employees in the proposed bargaining unit;

 

5)         the name of any existing exclusive representative of any employees in the proposed bargaining unit;

 

6)         a brief description of any collective bargaining agreements covering any employees in the proposed bargaining unit, and the expiration dates of the agreements;

 

7)         the date that the employer recognized any existing exclusive representative of any employees in the proposed bargaining unit, and the method of recognition;

 

8)         election and/or recognition history prior to January 1, 1984, to the extent known;

 

9)         in the case of a petition filed by an employee, a group of employees, or an employee organization, a statement whether the petitioner intends to use the majority interest procedure or the election procedure;

 

10)           in the case of a petition filed by an employer, a statement that one or more employee organizations has demanded recognition and that the employer doubts either their majority status or the continued majority status of the existing representative.

 

c)         The Board shall serve the representation petition on the appropriate parties.

 

1)         Employer petitions shall be served on the employee organizations that demanded recognition, and on the existing exclusive representative, if any.

 

2)         Employee and employee organization petitions shall be served on the employer and on the existing exclusive representative, if any.

 

d)         Employee and employee organization petitions seeking an election shall be accompanied by a showing of interest that at least 30 percent of the employees in the petitioned for bargaining unit wish to be represented by the employee organization.  Employee and employee organization majority interest petitions shall be accompanied by a showing of a majority interest.

 

e)         A petition may seek joint representation by two or more employee organizations if an instrument, such as a joint council, has been established to effectuate the joint representation.  In such instances, the petition shall describe the instrument.

 

f)         A petitioner may withdraw a  representation petition seeking an election as follows:

 

1)         If there are no intervenors, at any time prior to the direction of an election.

 

2)         If there are no intervenors, at any time after the direction of an election, but prior to the election.  However, such withdrawal shall bar the petitioner from petitioning for an election or filing a majority interest petition in a bargaining unit covering all or part of the petitioned for unit for one year following the withdrawal.

 

3)         If there are intervenors, the employee organization may not withdraw its petition without the consent of all parties.  However, the employee organization may file a statement signed by its authorized representative that it no longer wishes to appear on the ballot.  The statement shall be filed no later than ten days prior to the election.  Upon receipt of such a statement, the Board shall strike the employee organization's name from the ballot.

 

g)        A petitioner may withdraw a majority interest petition as follows:

 

1)         If there are no intervenors, at any time.  However, if the petitioner withdraws the petition after the Board has determined that there is clear and convincing evidence of fraud or coercion in obtaining the showing of interest, such withdrawal shall bar the petitioner from filing a representation petition in a bargaining unit covering all or part of the petitioned for unit for one year following the withdrawal.

 

2)         If there are intervenors that meet the requirements of Section 1110.105(q) and Section 1110.80(b) of this Part, the employee organization may not withdraw its petition without the consent of all parties.  However, the employee organization may file a statement signed by its authorized representative that it no longer wishes to appear on the ballot.  The statement shall be filed no later than 10 days prior to the election.  Upon receipt of such a statement, the Board shall strike the employee organization's name from the ballot.

 

h)         Failure to complete the petition by listing all of the information contained in subsection (b) of this Section shall not be grounds for dismissal of the petition so long as the unlisted information is available from any other party.  A petition seeking an election may be revised by the filing party at any time prior to a hearing or agreement to a consent election.  A majority interest petition may be revised by the filing party within 21 days after service of the petition.  Notice of any revision shall be served upon all other parties.

 

(Source:  Amended at 28 Ill. Reg. 7938, effective May 28, 2004)

 

Section 1110.60  Decertification Petitions

 

a)         A petition to decertify an existing exclusive representative may be filed by an employee or group of employees.  The Board shall serve the petition on the exclusive representative and on the employer.  The petition shall be on a form developed by the Board. It shall be signed and shall contain the following:

 

1)         the name and address of the petitioner;

 

2)         the name, address, and affiliation, if any, of the exclusive representative;

 

3)         the name and address of the employer;

 

4)         a description of the bargaining unit;

 

5)         the approximate number of employees in the bargaining unit;

 

6)         the date that the exclusive representative was recognized and the method of recognition, if known; and

 

7)         a brief description of any collective bargaining agreements covering any employees in the bargaining unit, and the expiration dates of the agreements.

 

b)         An employer shall not instigate or lend support to a decertification petition.  Allegations that an employer has violated this subsection may be raised in motions to dismiss the decertification petition, objections to the decertification election, or unfair labor practice charges.

 

c)         The majority interest procedure shall not be used to decertify an employee organization.

 

(Source:  Amended at 28 Ill. Reg. 7938, effective May 28, 2004)

 

Section 1110.70  Timeliness of Petitions and Bars to Elections

 

a)         Election bar:  With respect to any bargaining unit, no election may be conducted in a bargaining unit, or subdivision thereof, in which a valid election has been held within the preceding 12 month period (Section 7(d) of the Act).  The Board will dismiss majority interest petitions for a bargaining unit, or subdivision thereof, in which a valid election has been held within the proceeding 12 month period.  However, petitions seeking an election  filed within the last three months of the 12 month period will be processed, and any resulting election will be conducted after the 12 month period has elapsed. Petitions seeking an election  filed in the first 9 months of the 12 month period will be dismissed.

 

b)         Certification bar:  With respect to any bargaining unit, absent unusual circumstances the Board will dismiss a representation or decertification petition filed within 12 months following the date of Board certification of an exclusive representative for all or some of the employees in the bargaining unit, as a result of voluntary certification, majority interest proceeding or representation election.  Unusual circumstances include when the exclusive representative dissolves or becomes defunct; when as a result of a schism, substantially all of the members and officers of the exclusive representative transfer their affiliation to a new local or international; or the size of the bargaining unit fluctuates radically within a short time.

 

c)         Representation and decertification petitions may not be filed whenever there is in effect a collective bargaining agreement of three years or shorter duration covering all or some of the employees in the bargaining unit.  Collective bargaining agreements of longer than three years duration shall serve as a bar for the first three years of their existence.  In all cases, representation and decertification petitions may be filed between January 15 and March 1 of the year in which the collective bargaining agreement is due to expire or in the third year of an agreement of more than three years duration.  However, no such petition may be filed if it would otherwise be barred by subsection (a) or (b).

           

d)         A collective bargaining agreement shall not bar the filing of a representation or decertification petition if the agreement is between an employer and an employee organization recognized by the employer after the effective date of this Part without having used the voluntary recognition, majority interest or representation election procedures specified in the Act and this Part.

 

(Source:  Amended at 35 Ill. Reg. 14447, effective August 12, 2011)

 

Section 1110.80  Showing of Interest

 

a)         Representation petitions filed by employees, groups of employees and employee organizations that seek an election and all decertification petitions must be accompanied by a 30 percent showing of interest.  Majority interest petitions must be accompanied by a showing of majority interest.

 

1)         The showing of interest in support of a representation petition seeking an election shall consist of authorization cards, petitions, or other evidence which demonstrates that at least 30 percent of the employees in the proposed bargaining unit desire to be represented for collective bargaining by the petitioned for or petitioning employee organization.

 

2)         The showing of interest in support of a decertification petition shall consist only of cards or petitions clearly stating that the employee does not want the incumbent employee organization to continue serving as exclusive representative.

 

3)         The showing of interest in support of a majority interest petition shall consist of current dues deduction authorizations, authorization cards, petitions, or other evidence that demonstrates that more than 50 percent of the employees wish to be represented for collective bargaining by the petitioned for or petitioning employee organization.  An authorization card including the information in Appendix A shall be considered sufficient to support a showing of majority interest.

 

4)         The showing of interest in support of a petition may be evidenced by the electronic signature of the employee, as set forth in subsections (i) through (m).

 

b)         A petition to intervene in an election or majority interest proceeding must be supported by a 15 percent showing of interest when the petition proposes a bargaining unit substantially similar to the originally proposed unit.  In the case of a majority interest petition, the requirements of Section 1110.105(q) also apply.  When the intervenor proposes a bargaining unit substantially different from the originally proposed unit, the petition must be supported by a 30 percent showing of interest in the case of a petition seeking an election and a showing of majority interest in the case of a majority interest petition.  In determining whether the proposed bargaining units are substantially similar, the Board will consider the number and type of employees in each of the proposed units.  The proposed units will not be considered substantially similar whenever less than 50 percent of the employees in the originally proposed unit are included in the unit proposed by the intervenor.  An incumbent exclusive representative shall automatically be allowed to intervene without submitting any showing of interest.

 

c)         If authorization cards or petitions are submitted as a showing of interest, each signature appearing thereon should be dated by the employee.

 

d)         Each signature appearing on an authorization card or petition shall be effective for twelve months from the date it was given.

 

e)         In the case of a petition seeking an election, whenever an employee has signed authorization cards or petitions for two or more employee organizations, each card or petition shall be counted in computing the required showing of interest.  In the case of a majority interest petition, whenever an employee has signed authorization cards or petitions for two or more employee organizations, neither card or signature on a petition shall be counted in computing the required showing of interest.

 

f)         The Board shall maintain the confidentiality of the showing of interest.  The evidence submitted in support of the showing of interest shall not be furnished to any of the parties.

 

g)         The Executive Director will determine whether the evidence submitted demonstrates the appropriate level of showing of interest pursuant to subsections (a) and (b).  Except as provided in Section 1110.105, the showing of interest shall not be subject to collateral attack and shall not be an issue at hearing.  However, any person who has evidence that the showing of interest was fraudulent or was obtained through misrepresentation or coercion may bring the evidence to the attention of the Board's agent investigating the petition.

 

h)         If the Executive Director determines that the evidence submitted does not demonstrate the appropriate level of showing of interest, the petitioner or intervenor shall have 48 hours to provide the necessary showing of interest to the Executive Director, except as provided by Section 1110.105(p).  If the petitioner or intervenor is unable to present any necessary additional evidence of showing of interest within that time, then the petition shall be subject to dismissal.

 

i)          Authorization cards or other documents evidencing majority support may be signed with an electronic signature.

 

j)          "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.  [815 ILCS 333/2(8)].

 

k)         Submissions supported by electronic signature must contain the following:

 

1)         the signer's name;

 

2)         the signer's email address or other known contact information;

 

3)         the signer's telephone number;

 

4)         the language to which the signer has agreed;

 

5)         the date the electronic signature was submitted; and,

 

6)         the name of the employer of the employee.

 

l)          Submissions supported by electronic signature will be verified by the Board or its agent.

 

m)        Submissions supported by electronic signature may not contain dates of birth, social security numbers, or other sensitive personal identifiers.  The Board will not accept such submissions until the petitioner redacts them.

 

(Source:  Amended at 47 Ill. Reg. 19307, effective December 21, 2023)

 

Section 1110.90  Posting of Notice

 

Following the filing of a representation or decertification petition, the Board shall provide the employer with a notice that shall be posted, by the day after the employer receives the notice, on bulletin boards and other places where notices for employees in the bargaining unit are customarily posted, or in conspicuous places in the absence of a customary posting location.  If the posting would occur during a seasonal break or other period when a substantial number of bargaining unit members are not working, notice shall be provided to bargaining unit members through alternative means agreed to by the parties and the Executive Director or Board agent.  If the parties and the Executive Director or Board agent are not able to agree on the alternative means of posting, the Executive Director or Board agent shall determine the alternative means of posting. In the case of majority interest petitions, the notice shall be posted for at least 21 days.

 

(Source:  Amended at 38 Ill. Reg. 8375, effective April 1, 2014)

 

Section 1110.100  Processing of Petitions Seeking an Election

 

a)         All parties served with a representation petition seeking an election or a decertification petition shall respond to the petition within seven days after service.  The response shall set forth the party's position with respect to the matters asserted in the petition, including, but not limited to, the appropriateness of the bargaining unit.  A party that fails to file a timely response without good cause shall be deemed to have waived its right to a hearing.  Good cause will include when there is no prejudice to another party or the other parties have consented to a hearing without the filing of a timely response.

 

b)         Upon receipt of the petition, the Board or its agent shall investigate the petition.  If the investigation discloses that there is no reasonable cause to suspect that a question of representation exists, as defined in Section 7(c)(1) or (2) of the Act, the petition will be dismissed; provided that, the dismissal may be appealed within 14 days to the Board.  If the investigation discloses that there is reasonable cause to suspect that a question of representation exists, as defined in Section 7(c)(1) or (2) of the Act, the matter will be set for hearing before a hearing officer.  All parties shall be given a minimum of seven days notice of the hearing.  However, if the only issues remaining between the parties are logistical, e.g., the date of the election, the Executive Director or hearing officer may issue an order directing an election, unless the parties are able to enter into a consent agreement resolving those issues, as provided for in Section 1110.110.

 

c)         Petitions to intervene may be filed with the Board no later than 14 days prior to the date set for the election.  Any intervenor who files after the date set for hearing, or if no hearing is held, after the approval of a consent election agreement or the direction of an election pursuant to subsection (j), shall have waived objections to the bargaining unit.

 

d)         Interested persons who wish to participate in the hearing shall direct such requests to the hearing officer.  The request shall be in writing and shall state the grounds for participation.  In determining whether to grant the request, the hearing officer shall base his or her decision on the timeliness of the request, the degree to which the person requesting participation has a real interest at stake, the ability of the parties to represent the interests of the person requesting participation and the complexity of the proceeding.

 

e)         The hearing officer shall obtain a full and complete record by inquiring into all matters in dispute.  The record shall be obtained either by evidentiary hearing or stipulation. Immediately prior to the close of the record, one or more parties may file motions to remove the case to the Board for decision.  Responses to these motions may be filed as directed by the hearing officer.  Within seven days after the close of the record, the hearing officer shall rule on the motions.  The hearing officer may also order the case removed to the Board on his or her own motion within seven days after the close of the record.  If the hearing officer orders a case removed, he or she shall certify that there are no determinative issues of fact that require a hearing officer's recommended decision.

 

f)         Within seven days after removal, a party may move the Board to remand the case to the hearing officer, identifying in detail the material factual issues in dispute.  If the Board fails to rule on the motion within 14 days, the motion will be deemed denied; the General Counsel will set a briefing schedule for briefs to be submitted to the Board.  In cases removed to the Board, the Board shall remand the case if, at any time, it determines that the case presents issues of material fact requiring a hearing officer's recommended decision. Unless the Board remands the case, it shall issue and serve upon all parties a written decision giving the Board's reasons for its decision.

 

g)         In cases not removed to the Board and in cases remanded to the hearing officer, the hearing officer shall file and serve on the parties a recommended decision within 21 days after the conclusion of the presentation of evidence, the receipt of the transcript, and the receipt of any post-hearing briefs, unless additional time is required due to the length of the record and the complexity of the issues involved.  The additional time shall not exceed 90 days. 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.

 

h)         Exceptions and Responses

 

1)         Parties may file exceptions to the hearing officer's recommendation and briefs in support of those exceptions no later than 14 days after receipt of the recommendation. Those exceptions and briefs shall be filed with the General Counsel. Copies of all exceptions and briefs shall be served upon all other parties, and a certificate of service shall be attached.

 

2)         Any party to the proceeding may file a response to any exceptions and supporting briefs within 14 days from receipt of a party's exceptions and supporting brief.  The response shall be filed with the General Counsel. The response shall be served on all parties, and a certificate of service shall be attached.  If no exceptions have been filed within the 14-day period, the parties will be deemed to have waived their exceptions.  

 

3)         A party may also file cross-exceptions and a supporting brief within 14 days from receipt of another party's exceptions and supporting brief.  Copies of the cross-exceptions and supporting brief shall be filed with the General Counsel. The response shall be served on all parties, and a certificate of service shall be attached.

 

4)         Any other party may file a response to the cross-exceptions and supporting brief within 14 days from receipt of the cross-exceptions and supporting brief.  The response shall be filed with the General Counsel. The response shall be served upon all parties, and a certificate of service shall be attached.  If no cross-exceptions have been filed within 14 days after receipt of another party's exceptions and supporting brief, the parties will be deemed to have waived their cross-exceptions.

 

i)          The Board will review the hearing officer's recommendation upon request by a party or on its own motion. The Board will issue and serve upon all parties a written decision, giving the reasons for its decision. If the Board determines that a question concerning representation exists, as defined in Section 7(c)(1) or (2) of the Act, the Board shall direct that an election be held and a notice of election be posted. An election shall not be held on a date on which a substantial portion of the regularly scheduled work force in the bargaining unit is not scheduled to work.

 

j)          Within seven days following the direction of an election, the employer shall furnish all other parties and the Executive Director with a list of the names and addresses of the employees eligible to vote in the election.

 

(Source:  Amended at 41 Ill. Reg. 10587, effective August 1, 2017)

 

Section 1110.105  Processing of Majority Interest Petitions

 

a)         Majority interest procedures may not be used when another employee organization has lawfully attained representation rights as the exclusive representative of the employees in the bargaining unit.

 

b)         The employer shall provide to the Board and the employee organization a list of employees, as of the date of the petition, within 21 days after receipt of the petition, unless more time, not to exceed 21 days, is granted by the Board due to the size of the unit.

 

c)         The employer shall provide to the Board and to the employee organization examples of the employees' signatures within 21 days after receipt of the petition, unless more time, not to exceed 21 days, is granted by the Board due to the size of the unit.  If the employer does not provide the list of employees or the signature examples within the allotted time, the Board shall administratively determine the adequacy of the showing of interest, based upon the evidence submitted by the employee organization.  A grant of more time to provide a list of employees or signature examples shall, if necessary, extend the time limitation for certifying an employee organization as exclusive representative.

 

d)         Within 21 days after receipt of the petition, parties served with the petition may file a written response to the petition.  The response shall set forth the party's position with respect to the appropriateness of the unit, any proposed exclusions from the unit, any allegations of fraud or coercion in obtaining the showing of interest, and any other issues raised by the petition.  A party that fails to file a timely response without good cause shall be deemed to have waived its right to a hearing.  Good cause will include when there is no prejudice to another party or the other parties have consented to a hearing without the filing of a timely response.

 

e)         Upon receipt of the petition, the Board or its agent shall investigate the petition.  The Board shall certify the employee organization as the exclusive representative if:

 

1)         the Board concludes that the employee organization represents a majority of the employees in the bargaining unit;

 

2)         there are no issues of fraud or coercion in obtaining the showing of interest;

 

3)         the petition is otherwise consistent with the Act and with this Part; and

 

4)         either there are no unit appropriateness or exclusion issues or the number of contested positions or employees is not sufficient to affect the determination of majority status.

 

f)         Where fraud or coercion in obtaining the showing of interest is alleged, the party or employee alleging fraud or coercion must provide its evidence of fraud or coercion to the Board and to the other parties, including a synopsis of any affidavits submitted to the Board, within 21 days after receipt of the petition or the posting of notice, unless additional time is granted by the Executive Director for good cause shown, such as a joint request, an emergency or whenever the Executive Director believes that it would further the purposes of the Act.  The petitioner may file a response no later than seven days following the receipt of that evidence, unless additional time is granted by the Executive Director for good cause shown.  The Executive Director shall issue a decision within 21 days following the receipt of the petitioner's response.

 

g)         The employee who alleges fraud or coercion or the parties may file exceptions to the Executive Director's decision and briefs supporting those exceptions no later than seven days after receipt of that decision, and a response to those exceptions may be filed no later than seven days after receipt of the exceptions and briefs.  If no exceptions are filed within the seven-day period, the parties and any employee who alleges fraud or coercion will be deemed to have waived their exceptions.  The filing of exceptions shall not stay the certification if the alleged fraud or coercion is not sufficient to affect the majority status of the petition.

 

h)         If the Executive Director determines that there is clear and convincing evidence of fraud or coercion sufficient to affect the majority status of the petition and no exceptions are filed to that determination, or if the Board makes such a determination, an election will be conducted according to the procedures set forth in this Part.  The election shall be conducted within 45 days after the Executive Director's or the Board's determination, unless proceedings concerning the appropriateness of the unit, exclusions from the unit sufficient to affect majority status, or the timeliness of the petition are pending.

 

i)          If the Executive Director determines that there is not clear and convincing evidence of fraud or coercion sufficient to affect the majority status of the petition and no exceptions are filed to that determination, or if the Board makes such a determination, the Board shall certify the employee organization as the exclusive representative immediately after the Board's determination or within 10 days after service of an unappealed Executive Director's decision if:

 

1)         the Board concludes that the employee organization represents a majority of the employees in the bargaining unit;

 

2)         the petition is otherwise consistent with the Act and with this Part; and

 

3)         there are no unit appropriateness or exclusion issues, those issues have been resolved, or the number of contested positions or employees is not sufficient to affect the determination of majority status.

 

j)          If there are unit appropriateness or exclusion issues, but the number of contested positions or employees is not sufficient to affect the determination of majority status, a party may invoke the Board's unit clarification procedures with respect to the contested positions or employees.  Invocation of the Board's unit clarification procedures shall not stay the issuance of a certification.

 

k)         If there are unit appropriateness or exclusion issues, and the number of contested positions or employees is sufficient to affect the determination of majority status, a hearing shall be conducted to resolve these issues.  However, no hearing shall be conducted if no issues of material fact are raised, and the employee organization shall be certified as the exclusive representative if otherwise proper.  A hearing shall also be conducted when there are issues of material fact concerning the timeliness of the petition under Section 1110.70.  The Board shall proceed in accordance with 80 Ill. Adm. Code 1105.10 through 1105.70, except that:

 

1)         The hearing officer's recommended decision shall be issued not later than 21 days after the conclusion of the presentation of evidence, the receipt of the transcript, and the receipt of any post-hearing briefs, unless additional time (not to exceed 21 days) is required due to the length of the record or the complexity of the issues involved. 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.

 

2)         Exceptions and Responses

 

A)        The parties may file exceptions to the recommended decision and briefs in support of those exceptions no later than seven days after receipt of the decision.  Any party to the proceeding may file a response to any exceptions and supporting briefs within seven days from receipt of a party's exceptions and supporting brief.  Exceptions and briefs shall be simultaneously filed with the General Counsel, 160 N. LaSalle Street, Suite N-400, Chicago, Illinois  60601 or elrb.mail@illinois.gov, and served on the parties, and a certificate of service shall be attached. 

 

B)        A party may also file cross-exceptions and a supporting brief within seven days from receipt of another party's exceptions and supporting brief.  Any other party may file a response to the cross-exceptions and supporting brief within seven days from receipt of the cross-exceptions and supporting brief.  Cross-exceptions and briefs shall be simultaneously filed with the General Counsel and served on the parties, and a certificate of service shall be attached. 

 

C)        If no exceptions have been filed within seven days after service of the hearing officer's recommended decision, the parties will be deemed to have waived their exceptions.  If no cross-exceptions have been filed within seven days after receipt of another party's exceptions and supporting brief, the parties will be deemed to have waived their cross-exceptions.

 

3)         The Board will review the hearing officer's recommendation upon request by a party or on its own motion. The Board will issue and serve upon all parties a written decision giving the reasons for its decision.

 

l)          Interested persons who wish to participate in the hearing shall direct those requests to the hearing officer.  The request shall be in writing and shall state the grounds for participation.  In determining whether to grant the request, the hearing officer shall base the decision on the timeliness of the request, the degree to which the person requesting participation has a real interest at stake, the ability of the parties to represent the interests of the person requesting participation and the complexity of the proceeding.

 

m)        The hearing officer shall obtain a full and complete record by inquiring into all matters in dispute.  The record shall be obtained either by evidentiary hearing or stipulation.  Immediately prior to the close of the record, one or more parties may file motions to remove the case to the Board for decision.  Responses to these motions may be filed as directed by the hearing officer.  Within seven days after the close of the record, the hearing officer shall rule on the motions.  The hearing officer may also order the case removed to the Board on the hearing officer's own motion within seven days after the close of the record.  If the hearing officer orders a case removed, the hearing officer shall certify that there are no determinative issues of fact that require a hearing officer's recommended decision.

 

n)         Within seven days after removal, a party may move the Board to remand the case to the hearing officer, identifying in detail the material factual issues in dispute.  If the Board fails to rule on the motion within 14 days, the motion will be deemed denied; the General Counsel will set a briefing schedule for briefs to be submitted to the Board.  In cases removed to the Board, the Board shall remand the case if, at any time, it determines that the case presents issues of material fact requiring a hearing officer's recommended decision. Unless the Board remands the case, it shall issue and serve upon all parties a written decision giving the Board's reasons for its decision.

 

o)         The Board shall certify the employee organization as exclusive representative immediately upon issuance of the Board's opinion and order, or upon expiration of the time for filing exceptions to the hearing officer's recommended decision, if:

 

1)         the bargaining unit found to be appropriate by the Board is sufficiently similar to the petitioned for bargaining unit that the showing of majority interest remains sufficient;

 

2)         the employee organization agrees to represent the bargaining unit found to be appropriate;

 

3)         the Board concludes that the employee organization represents a majority of the employees in the bargaining unit;

 

4)         there is not clear and convincing evidence of fraud or coercion in obtaining the showing of interest; and

 

5)         the petition is otherwise consistent with the Act and this Part.

 

p)         If the bargaining unit approved by the Board is not sufficiently similar to the petitioned for bargaining unit that the showing of majority interest remains sufficient, the petitioner may submit a supplemental showing of interest within seven days after receipt of the Board's ruling, may participate in an election according to subsection (r), or may withdraw the petition.

 

q)         Petitions to intervene may be filed no later than 14 days after the notice is posted.  Intervention shall only be allowed when, as a result of the evidence submitted by the intervenor in support of its showing of interest, the original petitioner no longer has a valid showing of majority interest.

 

r)          If the valid evidence presented by the employee organization to support its claim of majority status does not constitute a majority showing of interest, but demonstrates that at least 30 percent of the employees in the unit found appropriate desire to be represented for collective bargaining by the employee organization, the Board shall conduct an election in the unit found appropriate if the petition is otherwise consistent with the Act and this Part.

 

s)         Upon the filing of a petition or at any time thereafter that the case is pending, a party may allege that the dues deduction authorizations and other evidence submitted in support of a designation of representative without an election were subsequently changed, altered, withdrawn, or withheld as a result of employer fraud, coercion, or any other unfair labor practice by the employer (Section 7(c-5) of the Act).  The party must submit its evidence in support of the allegation at the time that it makes the allegation, unless additional time is granted by the Executive Director for good cause shown.  Any other party may submit its response to the allegation no later than seven days from receipt of the submission of the party making the allegation, unless additional time is granted by the Executive Director for good cause shown.  The Board or its agent shall investigate the allegation.  If the Executive Director finds that there is an issue of law or fact that such conduct occurred, the matter shall be set for hearing.  The hearing shall be conducted according to the Board's procedures for contested case hearings (80 Ill. Adm. Code 1105.90 through 1105.210), except that:

 

1)         The hearing officer's recommended decision shall be issued no later than 21 days after the conclusion of the presentation of evidence, the receipt of the transcript, and the receipt of any post-hearing briefs, unless additional time (not to exceed 21 days) is required due to the length of the record or the complexity of the issues involved.

 

2)         Exceptions and Responses

 

A)        The parties may file exceptions to the recommended decision and briefs in support of those exceptions no later than seven days after receipt of the decision.  Any other party may file a response to the exceptions and briefs no later than seven days after receipt of those exceptions and briefs.  Exceptions and briefs shall be simultaneously filed with the General Counsel and served on the parties, and a certificate of service shall be attached. 

 

B)        A party may also file cross-exceptions and a supporting brief within seven days from receipt of another party's exceptions and supporting brief.  Any other party may file a response to the cross-exceptions and supporting brief no later than seven days from receipt of the cross-exceptions and supporting brief.  Cross-exceptions and briefs shall be simultaneously filed with the General Counsel and served on the parties, and a certificate of service shall be attached.

 

t)          If the hearing officer, or the Board on review, determines that a labor organization would have had a majority interest but for an employer's fraud, coercion, or unfair labor practice, it shall designate the labor organization as an exclusive representative without conducting an election (Section 7(c-5) of the Act).

 

u)         In order for an employee's dues deduction authorization, authorization card, signature on a petition or other evidence to be counted in determining whether an employee organization has demonstrated a majority interest, the employee must be in the bargaining unit on the date the petition was filed.

 

v)         In cases in which the proposed unit includes professional and nonprofessional employees, authorization cards or other documents evidencing majority support must indicate that the employee desires to be represented by the employee organization in a combined professional-nonprofessional unit.

 

w)        In cases in which the proposed unit includes craft and non-craft employees, authorization cards or other documents evidencing majority support must indicate that the employee desires to be represented by the employee organization in a combined craft and non-craft unit.

 

x)         If a majority interest self-determination petition seeks to accrete employees into an existing unit, the employee organization must demonstrate majority status only among the petitioned-for employees (the employees sought to be added to the existing unit).  The petitioner may also present evidence that a majority of employees in each group of the proposed combined bargaining unit desires representation in a single unit, otherwise the Board will conduct an independent poll of the proposed combined bargaining unit to determine whether a majority of the petitioned-for employees and a majority of the existing bargaining unit desire a unit combining professional and nonprofessional employees if the existing unit contains only professional employees and the petitioned-for employees include, in whole or part, nonprofessional employees, or if the existing unit contains only nonprofessional employees and the petitioned-for employees include, in whole or part, professional employees.  If a majority of both groups do not vote for a unit combining professional and nonprofessional employees, the Board will issue a separate certification for a stand-alone unit or units of the petitioned-for employees, ensuring that no certification is issued for a unit when the employee organization has not demonstrated majority status.  Where a labor organization is the bargaining representative of employees in a unit that has historically combined professional employees, that historical representation shall constitute evidence that a majority of the existing bargaining unit desires a unit combining professional and nonprofessional employees.

 

y)         When an independent poll on whether there should be a combined unit is conducted pursuant to subsection (x), the Board shall not be required to certify the employee organization as the exclusive representative within 30 days after service of the petition.

 

z)         When a hearing is necessary, the Board shall conclude the hearing process and issue a certification of the entire appropriate unit, if the employee organization has demonstrated majority status in that unit, no later than 120 days after the petition was filed.  However, this 120-day period may be extended one or more times by agreement of all the parties to a date certain.  In other cases, the Board shall ascertain the employees' choice within 120 days after the petition was filed. However, the Board may extend this 120-day period by 60 days on its own motion or on the motion of a party to the proceeding.

 

(Source:  Amended at 47 Ill. Reg. 19307, effective December 21, 2023)

 

Section 1110.110  Consent Elections

 

a)         Where the parties agree to the holding of an election, a stipulation for a consent election shall be filed as follows:

 

1)         The stipulation must be signed by the petitioner, the employer, the employee organization seeking to represent the employees, and any intervenor that has filed a timely petition.

 

2)         The stipulation must specify the bargaining unit; the eligibility date for participation in the election; the date, place, and hours of the election.

 

b)         All consent elections shall be conducted under the direction and supervision of the Board.  Upon receipt of a stipulation for a consent election, the Board shall review the stipulation.  If the Board determines that the stipulation is consistent with the Act and this Part, the Board shall direct the holding of the consent election.

 

c)         Within seven days following the Board's approval of the consent election agreement, the employer shall furnish the Executive Director and all other parties with a list of the names and addresses of the employees eligible to vote in the election.  The Board shall provide copies of the list to the other parties to the election proceeding upon request.

 

(Source:  Amended at 14 Ill. Reg. 1297, effective January 5, 1990)

 

Section 1110.120  Bargaining Unit Determinations

 

a)         In determining the appropriateness of a unit for purposes of collective bargaining, the Board shall consider all relevant factors, including, but not limited to, such factors as historical pattern of recognition, community of interest, including employee skills and functions, degree of functional integration, interchangeability and contact among employees, common supervision, wages, hours, and other working conditions of the employees involved, and the desires of the employees  (Section 7(a) of the Act).

 

b)         In cases where employees have historically been represented by employee organizations for purposes of collective bargaining, such historical pattern of recognition will not be negated or interfered with unless a majority of the employees so represented express a contrary desire under the procedures set forth in the Act and this Part.

 

c)         Any party seeking to represent a bargaining unit limited to employees of a craft shall submit a representation petition or intervening claim pursuant to Section 7(a) of the Act supported by a 30 percent showing of interest within the craft in the case of a petition seeking an election and a showing of a majority interest within the craft in the case of a majority interest petition.  Whenever a party has so intervened, the Board shall proceed in accordance with Section 1110.105(w) in the case of a majority interest petition, and the election shall proceed in accordance with Section 1110.140(f) in the case of a petition seeking an election.

 

d)         Whenever a petition is filed alleging a bargaining unit that includes professional and nonprofessional employees, the petition shall so state.  In the case of a majority interest petition, the Board shall proceed in accordance with Section 1110.105(v) of this Part.  In the case of a petition seeking an election, the election shall be conducted in accordance with Section 1110.140(g) of this Part.

 

(Source:  Amended at 28 Ill. Reg. 7938, effective May 28, 2004)

 

Section 1110.130  Eligibility of Voters

 

a)         To be eligible to vote in an election, an employee must have been in the bargaining unit for the payroll period immediately prior to the date of the direction of the election or the approval of a consent election agreement, and must still be in the bargaining unit on the date of the election.

 

b)         To be eligible to vote in a runoff election, an employee must have been eligible to vote in the original election and still be in the bargaining unit on the date of the runoff.

 

Section 1110.140  Conduct of the Election

 

a)         The election shall be conducted under the supervision of the Board. Voting shall be by secret ballot.

 

b)         Absentee ballots will be allowed only where an individual submits a written request to the Board no later than 10 days prior to the election and demonstrates in that request that he or she is not able to be physically present at the polling place at the time for which the election is scheduled and therefore would be unable to cast a ballot.  The request must set forth the factual basis for the claim.  Mere inconvenience to the individual shall not be cause for the issuance of an absentee ballot.

 

c)         Each party shall be entitled to an equal number of observers as determined by the Board or its agent.  The number of observers allowed shall be based on the number of polling locations and the number of eligible voters.  The identity and conduct of observers are subject to such limitations as the Board or its agent shall prescribe in order to ensure that voters are free from interference, coercion, or intimidation.

 

d)         The Board's agent is authorized to prescribe the area in proximity to the polling place in which electioneering shall be prohibited.  The specified area shall be based on the size and nature of the specific polling place.

 

e)         Ballots shall list all employee organizations that properly petitioned or intervened in the election, the incumbent exclusive representative, and the choice of "No Representative".

 

f)         Where an election involves a bargaining unit that includes craft employees, and there has been a proper petition for a separate craft unit, craft employees shall be given two ballots: one to vote for or against craft severance and a second to vote on choice of representative.  Noncraft employees shall only be given ballots for voting on choice of representative.

 

g)         Where an election involves a bargaining unit containing professional and nonprofessional employees, all employees shall be given two ballots: one for indicating whether they desire a combined professional-nonprofessional unit and a second for indicating choice of representative, except as provided for in Section 1110.105(v).

 

h)         Ballot boxes shall be examined in the presence of the observers immediately prior to the opening of the polls and shall be sealed at the opening of the polls.  The seal shall allow for one opening on the top of the ballot box for voters to insert their ballots.

 

i)          The Board's agent or any authorized observer may question the identity of any voter.  A voter whose identity has been questioned may establish his or her identity by showing a driver's license or any other equally reliable piece of identification.  Challenged voters shall be permitted to vote in secret with their ballots set aside by the Board's agent with appropriate markings.

 

j)          A voter shall mark a cross (X) or check (√) in the circle or block designating his or her choice in the election.  The intent of the voter shall be followed in the marking of the ballot.  If the ballot is defaced, torn, marked in such a manner that it is not understandable, or identifies the voter, the ballot shall be declared void.  If the voter inadvertently spoils a ballot, he or she may return it to the Board's agent, who shall give the voter another ballot and shall preserve the spoiled ballot.

 

k)         A voter shall fold his or her ballot so that no part of its face is exposed and, on leaving the voting booth, shall deposit the ballot in the ballot box.  If the election is continued for more than one period, the ballot box shall be sealed until the subsequent opening of the polls and shall remain in the custody of the Board's agent until the counting of the ballots.

 

l)          The Board's agent may privately assist any voter who, due to physical or other disability, is unable to mark his or her ballot.

 

m)        Prior to the close of the polls, each party shall designate a representative to observe the tallying of the ballots.

 

n)         Immediately upon the conclusion of the polling, the votes shall be tallied as follows:

 

1)         The Board's agent shall attempt to achieve a voluntary resolution of all ballot challenges before the ballots are counted.

 

2)         If there was only one polling location, the Board's agent shall tally the votes in the presence of a representative designated by each party and shall serve a written tally on each of the representatives.

 

3)         If there was more than one polling location, the Board's agent shall seal the ballot boxes and bring them to a predetermined central location. When all the ballot boxes have arrived, they shall be opened, the ballots shall be commingled, and the votes shall be tallied in the presence of a representative designated by each party.  The Board's agent shall serve a written tally on each of the representatives.

 

4)         The Board's agent shall count the number of challenged ballots separately.  If the challenged ballots cannot affect the outcome of the election, the challenges will not be resolved.  If the challenged ballots could affect the outcome of the election, the Board's agent shall again attempt to achieve a voluntary resolution of all the challenges.

 

5)         If challenges to ballots have not been resolved, and if the challenges could affect the outcome of the election, the challenged ballots shall be investigated by the Executive Director, who shall issue a recommended decision concerning the application of Sections 2, 7, 8 and 9 of the Act and this Part to the challenged ballots.  Parties may file exceptions to the Executive Director's recommendation and briefs in support of those exceptions no later than 14 days after receipt of the recommendation.  Copies of all exceptions and briefs shall be served upon all other parties and a certificate of service shall be attached.  Any party to the proceeding may file a response to any exceptions and supporting briefs within 14 days from receipt of a party's exceptions and supporting brief.  The response shall be filed with the Board and served on all parties.  If no exceptions have been filed within the 14 day period, the parties will be deemed to have waived their exceptions.  The Board will review the Executive Director's recommendation upon request by a party or on its own motion.

 

6)         When the election includes a vote on craft severance, the craft employee ballots on craft severance shall be tallied first.  If a majority of the craft employees casting valid ballots choose craft severance, the craft and noncraft ballots on choice of representative shall be tallied separately.  If a majority of the craft employees casting valid ballots do not choose craft severance, the ballots on choice of representative shall be tallied together.

 

7)         When the election includes a vote on a combined professional-nonprofessional unit, the ballots on unit preference shall be tallied first.  Separate tallies shall be made for professional and nonprofessional employees.

 

8)         If a majority of the employees casting valid ballots in each group vote for a combined unit, the ballots on choice of representative shall be tallied together.  If a combined unit fails to receive a majority vote in either or both groups, the ballots on choice of representative shall be tallied separately.

 

o)         In all cases, the recipient of a majority of the valid ballots cast by those voting shall prevail.

 

p)         When there are three or more choices on the ballot (two or more employee organizations and "No Representative") and no choice receives a majority, the Board shall conduct a runoff election between the two choices that received the most votes.  The results of votes taken during the first election on craft severance and combined professional-nonprofessional units shall be binding on the runoff election.

 

q)         Where there are three or more choices on the ballot, and either the vote is split equally among all of the choices, or there is a tie for second place, the Board shall declare the election inconclusive and shall order a new election. If there is a tie for second place and the first place choice receives a majority (more than 50%), no new election shall be ordered and the first place choice shall prevail. The results of the craft severance and combined professional-nonprofessional unit votes in the first election shall be binding on the rerun election.

 

r)          The Board shall preserve all ballots until such time as any objections to the election have been resolved and the results have been certified and served on the parties.

 

(Source:  Amended at 41 Ill. Reg. 10587, effective August 1, 2017)

 

Section 1110.150  Objections to the Election

 

a)         Any party to the election may file objections with the Board alleging that improper conduct occurred which affected the outcome of the election (Section 8 of the Act). b)        Objections must be received by the Board no later than five working days after the final tally was served on the representatives.  For purposes of this rule, a working day is any day on which the Board offices are open for business.  Pending challenges to ballots shall not stay the time for filing objections.

 

c)         The objecting party shall furnish evidence to the Executive Director sufficient to provide a prima facie case in support of the objections before any investigation commences.

 

d)         The evidence described above in paragraph (c) (except for affidavits) must also be served simultaneously on all parties involved in the matter and proof of service must be provided to the Board.

 

e)         The evidence for each objection filed must include the following facts:

 

1)         The date on which the alleged improper conduct took place;

 

2)         The location at which the alleged misconduct took place;

 

3)         The name and job title of the person who allegedly engaged in the improper conduct; and,

 

4)         A statement or description of the alleged improper conduct.

 

f)         Failure to provide the evidence described above in subsections (c), (d), and (e) within five working days after filing the objections shall subject the objections to dismissal.

 

g)         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 two weeks of when it received the objections.  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 that the alleged improper conduct did not take place or that it did not affect the outcome of the election, it shall promptly certify the election results (Section 8 of the Act).

 

(Source:  Amended at 14 Ill. Reg. 1297, effective January 5, 1990)

 

Section 1110.160  Petitions for Clarification of the Bargaining Unit

 

a)         An exclusive representative or an employer may file a petition to clarify an existing bargaining unit.  The Board shall serve the petition on the other party.  The petition shall be signed and shall contain the following:

 

1)         the name and address of the employer;

 

2)         the name, address and affiliation, if any, of the exclusive representative;

 

3)         a description of the existing bargaining unit; and

 

4)         the nature of the proposed clarification and the reasons for the clarification.

 

b)         The exclusive representative or employer may file an answer to the petition within 14 days following service of the petition.  Failure to answer without good cause shall be deemed a waiver of objections to the petition and a waiver of a hearing.  Good cause will include when there is no prejudice to another party or the other parties have consented to a hearing without the filing of a timely answer.

 

c)         The Executive Director or his or her agent shall investigate the petition and, if the petition does not present unresolved questions of material fact, the Executive Director shall then issue a Recommended Decision and Order.  Parties may file exceptions to the Executive Director's recommendation and briefs in support of those exceptions no later than 14 days after receipt of the recommendation. Copies of all exceptions and briefs shall be served upon all other parties and a certificate of service shall be attached.  Any party to the proceeding may file a response to any exceptions and supporting briefs within 14 days from receipt of a party's exceptions and supporting brief.  The response shall be filed with the Board and served on all parties.  If no exceptions have been filed within the 14 day period, the parties will be deemed to have waived their exceptions.  The Board will review the Executive Director's recommendation upon request by a party or on its own motion.  If the petition presents unresolved questions of material fact, the Executive Director shall set it for a hearing.

 

1)         Interested persons desiring to intervene in the hearing shall submit a written request to the hearing officer.  The hearing officer shall base his or her decision on whether to allow intervention upon the timeliness of the request, the degree to which the person requesting intervention has a real interest at stake, the ability of the parties to represent the interests of the person requesting intervention, and the complexity of the proceeding.

 

2)         The hearing officer shall inquire into all matters in dispute and shall obtain a full and complete record. The hearing officer shall file and serve upon the parties a recommended disposition of the matter.  The hearing officer's recommended decision shall issue within 21 days after the conclusion of the presentation of evidence, the receipt of the transcript, and the receipt of any post-hearing briefs.  Any findings of fact in the decision must be based exclusively upon the evidence in the record and on matters of which official notice has been taken.

 

3)         Exceptions and Responses

 

A)        Parties may file exceptions to the hearing officer's recommendations and briefs in support of their exceptions within 14 days after receipt of the recommendation. Those exceptions and briefs shall be filed with the General Counsel. Copies of all exceptions and supporting briefs shall be served upon all other parties, and a certificate of service shall be attached. 

 

B)        Any party to the proceeding may file a response to any exceptions and supporting briefs within 14 days from receipt of a party's exceptions and supporting brief.  The response shall be filed with the General Counsel. Copies of the response shall be served on all parties, and a certificate of service shall be attached. 

 

C)        A party may also file cross-exceptions and a supporting brief within 14 days from receipt of another party's exceptions and supporting brief. Those cross-exceptions and briefs shall be filed with the General Counsel. Copies of all cross-exceptions and supporting briefs shall be served upon all other parties, and a certificate of service shall be attached. 

 

D)        Any other party may file a response to any cross-exceptions and supporting briefs within 14 days from receipt of a party's cross-exceptions and supporting brief.  The response shall be filed with the General Counsel. Copies of the response shall be served on all parties, and a certificate of service shall be attached. 

 

E)        If no exceptions have been filed within 14 days after service of the hearing officer's recommended decision, the parties will be deemed to have waived their exceptions.  If no cross-exceptions have been filed within 14 days after receipt of another party's exceptions and supporting brief, the parties will be deemed to have waived their cross-exceptions.

 

4)         The Board will review the hearing officer's recommendation if a party has filed exceptions, or on the Board's own motion. The Board will issue and serve upon the parties a written decision giving the Board's reasons for its decision.

 

d)         The parties may clarify the composition of the bargaining unit by stipulation.  The stipulation shall be filed with the Board.  A notice of the stipulation shall be posted on bulletin boards and at other places where notices for employees in the bargaining unit are customarily posted.  The notice shall advise employees of the terms of the stipulation and direct persons objecting to the stipulation to file objections with the Board.  The notice shall remain posted for at least 20 school days.  The employer shall attempt to insure that the notice is not removed or defaced during the posting period and shall replace any notice that is removed or defaced.

 

e)         During the posting period, interested persons may file objections with the Board.  Objections shall be served on the employer and the exclusive representative prior to, or simultaneously with, their filing with the Board.

 

f)         Following the posting period, if no objections have been filed, the Board shall approve or disapprove the clarification depending upon whether the clarification is consistent with the Act.  If  objections have been filed, the Board shall proceed in accordance with subsection (c).

 

g)         The Board will issue a certification of the clarified unit or dismiss the petition no later than 120 days after the petition was filed.  However, if all parties agree, this 120-day period may be extended one or more times to a date certain.

 

h)         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.

 

(Source:  Amended at 41 Ill. Reg. 10587, effective August 1, 2017)

 

Section 1110.170  Petitions to Amend Certification

 

a)         An exclusive representative shall file a petition with the Board to amend its certification whenever there is a change in its name or structure.  The Board shall serve the petition on the employer.  The petition shall be signed and shall contain:

 

1)         the name and address of the employer;

 

2)         the name, address, and affiliation, if any, of the exclusive representative, as certified by the Board;

 

3)         a description of the proposed amendment; and

 

4)         the reasons for the proposed amendment.

 

b)         Within three days of receiving the petition, the employer shall post a notice of the proposed amendment in accordance with Section 1110.160(d) of this Part.

 

c)         Interested persons, including the employer, may file objections to the proposed amendment with the Board during the posting period.  Objections shall be served on the exclusive representative prior to, or simultaneously with, filing with the Board.

 

d)         If, at the conclusion of the posting period, no objections have been filed, the Board may approve or disapprove the amendment or take any other action on it necessary to effectuate the purposes of the Act.

 

e)         If objections have been filed during the posting period, the Board shall proceed in accordance with Section 1110.160(c).

 

(Source:  Amended at 14 Ill. Reg. 1297, effective January 5, 1990)

 

Section 1110.180  Petitions for Self-Determination

 

a)         Adding to an Existing Bargaining Unit

 

1)         A self-determination petition to add unrepresented employees to an existing bargaining unit, where a question concerning representation would be presented by their inclusion, may be filed by an employee, a group of employees, or exclusive representative of the existing bargaining unit.  The Board shall serve the petition on the appropriate parties.  The petition shall be on a form developed by the Board.  It shall be signed and shall contain the following:

 

A)        the name and address of the petitioner;

 

B)        the name, address and affiliation, if any, of the exclusive representative;

 

C)        the name and address of the employer;

 

D)        a description of the bargaining unit;

 

E)        the approximate number of employees in the bargaining unit;

 

F)         a description of the employees who would be added to the existing unit;

 

G)        the approximate number of employees who would be added;

 

H)         a statement whether the petitioner intends to use the majority interest procedure or the election procedure;

 

I)          the date that the exclusive representative was recognized and the method of recognition, if known; and

 

J)          a brief description of any collective bargaining agreements covering any employees in the bargaining unit, and the expiration dates of the agreements.

 

2)         A self-determination petition seeking an election shall be accompanied by a showing of interest that at least 30 percent of the employees sought to be added to the existing unit wish to be represented by the exclusive representative.  A majority interest self-determination petition shall be accompanied by a showing of majority interest among the employees sought to be added to the existing unit.

 

3)         In any election conducted pursuant to this subsection, only those employees that the petition seeks to add to the unit shall vote on the question of representation.  In any majority interest proceeding conducted pursuant to this subsection, a showing of majority interest among only the employees the petition seeks to add to the unit shall be required.

 

4)         No unit will include both professional employees and nonprofessional employees unless a majority of employees in each group vote for inclusion in the unit  (Section 7 of the Act).

 

b)        Merging Bargaining Units

 

1)         A petition to merge two or more existing bargaining units, where a question concerning representation would not be presented by their inclusion, may be filed by an employee, a group of employees, or exclusive representative of either existing bargaining unit.  The Board shall serve the petition on the appropriate parties.  The petition shall be on a form developed by the Board.  It shall be signed and shall contain the following:

 

A)        the name and address of the petitioner;

 

B)        the name, address and affiliation, if any, of the exclusive representative;

 

C)        the name and address of the employer;

 

D)        a description of the proposed bargaining unit;

 

E)        the approximate number of employees in the proposed bargaining unit;

 

F)         a description of the employees in each of the existing units;

 

G)         the approximate number of employees who would be added in each existing unit;

 

H)         the date that the exclusive representative was recognized and the method of recognition, if known; and

 

I)          a brief description of any collective bargaining agreements covering any employees in the bargaining units, and the expiration dates of the agreements.

 

2)         In any election conducted pursuant to this subsection, employees shall vote only on the question of unit merger.

 

3)         No unit will include both professional employees and nonprofessional employees unless a majority of employees in each group vote for inclusion in that unit (Section 7 of the Act).

 

(Source:  Amended at 28 Ill. Reg. 7938, effective May 28, 2004)

 

Section 1110.190  Disclaimer of Interest Petitions

 

a)         An employee organization that has been certified by the Board or recognized pursuant to Section 2 of the Act as the exclusive representative of a bargaining unit but wishes to terminate this representation may file a disclaimer of interest petition with the Board.

 

b)         The petition shall contain the following information:

 

1)         the name, address and telephone number of the petitioning employee organization;

 

2)         the name, address and telephone number of the employer;

 

3)         a brief description of the bargaining unit;

 

4)         the approximate number of employees in the bargaining unit;

 

5)         the date that the employee organization was recognized as the exclusive representative and the method of recognition, if known;

 

6)         a brief description of any collective bargaining agreement covering employees in the bargaining unit, together with its expiration date; and

 

7)         a statement that the employee organization waives and disclaims the authority and duty to represent the employees in the bargaining unit.

 

c)         The Board shall provide the employer with a notice of the disclaimer of interest petition that shall be posted, by the day after the employer receives the notice, on bulletin boards or other places where notices for employees in the bargaining unit are customarily posted, or in conspicuous places in the absence of a customary posting location.  If the posting would occur during a seasonal break or other period when a substantial number of employees are not working, notice shall be provided to bargaining unit members through alternative means agreed to by the parties and the Executive Director or Board agent.  This notice shall be posted and maintained for 21 calendar days.

 

d)         Bargaining unit members may object to the petition.  The employer may object to the petition if the collective bargaining agreement has not expired.  Objections to the petition must be filed with the Board and served on the employee organization and the employer within 21 days of the posting or other delivery of the notice, as determined by the certification of the posting.

 

e)         The Executive Director shall approve the petition if the disclaimer is made in good faith, is clear and leaves no doubt that a matter relating to the employee organization's representation does not exist with respect to the bargaining unit.  If the petition is approved by the Executive Director, the Board shall revoke the certification, and the authority and duty of the employee organization to represent the bargaining unit shall cease, and any collective bargaining agreement then in effect shall become void as of the expiration of the notice posting period.  Any bars to the certification under Section 1110.70 shall no longer be in effect.

 

f)         If the Executive Director dismisses the petition, the petitioning employee organization may file exceptions to the Executive Director's recommendation to dismiss and briefs in support of those exceptions no later than 14 days after receipt of the recommendation to dismiss with the General Counsel, 160 N. LaSalle Street, Suite N-400 Chicago, Illinois  60601 or elrb.mail@illinois.gov.  Copies of all exceptions and briefs shall be served on all other parties and a certificate of service shall be attached.  Any party to the proceeding may file a response to any exceptions and brief within 14 days from receipt of a party's exceptions and supporting brief.  The response shall be filed with the General Counsel served on all parties, and a certificate of service shall be attached.  If no exceptions have been filed within the 14 day period, the parties will be deemed to have waived their exceptions.  If a party has filed exceptions, the Board will review the Executive Director's recommendation and will issue and serve upon the parties a written decision giving its reasons for its decision.  The Board's decision will be a final order.

 

(Source:  Added at 47 Ill. Reg. 19307, effective December 21, 2023)

Section 1110.APPENDIX A   Sample Authorization Card

 

 

 

I authorize		(employee organization)			to be my exclusive
collective bargaining representative for all purposes of collective bargaining with my employer,
			.

 

 

 

 

Name (printed or typed)

Employment position

Signature

Date

 

If a majority of the employees in the bargaining unit sign authorization cards, these cards may be used to obtain recognition without an election.

 

(Source:  Amended at 41 Ill. Reg. 10587, effective August 1, 2017)