PART 1210 REPRESENTATION PROCEEDINGS : Sections Listing

TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1210 REPRESENTATION PROCEEDINGS

AUTHORITY: Implementing Section 9 and authorized by Section 5(i) and (j) of the Illinois Public Labor Relations Act [5 ILCS 315/9, 5(i) and (j)].

SOURCE: Emergency rule adopted at 8 Ill. Reg. 16014, effective August 22, 1984, for a maximum of 150 days; adopted at 9 Ill. Reg. 1870, effective January 25, 1985; amended at 11 Ill. Reg. 6461, effective March 27, 1987; amended at 12 Ill. Reg. 20110, effective November 18, 1988; amended at 14 Ill. Reg. 19930, effective November 30, 1990; amended at 17 Ill. Reg. 15612, effective September 13, 1993; amended at 20 Ill. Reg. 7406, effective May 10, 1996; amended at 27 Ill. Reg. 7393, effective May 1, 2003; emergency amendment at 27 Ill. Reg. 15563, effective September 22, 2003, for a maximum of 150 days; amended at 28 Ill. Reg. 4172, effective February 19, 2004; amended at 45 Ill. Reg. 1872, effective February 1, 2021; amended at 46 Ill. Reg. 15585, effective September 1, 2022.

 

Section 1210.10  General Statement of Purpose

 

The regulations contained in this Part detail the procedures that employers, employees and labor organizations should use for employer voluntary recognition of a labor organization and for instituting representation and related proceedings.  These procedures are the exclusive means by which a public employer may recognize a labor organization after August 22, 1984.  The Board does not recognize and the Act does not apply to or provide for any other types of purported recognition.  The Board does not recognize and the Act does not apply to collective bargaining agreements negotiated by parties pursuant to other forms of recognition.  Such purported recognition or agreements will not bar the filing of representation petitions pursuant to the Illinois Public Labor Relations Act (Act) [5 ILCS 315].

 

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.20  Labor Organization Options in Seeking Recognition

 

a)         A labor organization seeking recognition in a proposed appropriate bargaining unit in which no other labor organization has attained recognition rights in accordance with the Act may request that the employer voluntarily recognize it or may file a representation petition with the Board.

 

b)         A labor organization seeking recognition in a proposed appropriate bargaining unit in which another labor organization is recognized in accordance with the Act may pursue its request only by filing a representation petition seeking an election with the Board.  Majority interest petitions may not be utilized where another labor organization is recognized in accordance with the Act.

 

(Source:  Amended at 28 Ill. Reg. 4172, effective February 19, 2004)

 

Section 1210.30  Employer Options in Responding to Recognition Requests

 

a)         An employer faced with a request for recognition in a bargaining unit that is not currently represented by a labor organization may agree to resort to the voluntary recognition procedures set forth in Section 1210.160 of this Part; may consent to a representation election; or may file a representation petition with the Board; or may decline to respond to the request.

 

b)         An employer faced with a request for recognition in a bargaining unit in which another labor organization is recognized in accordance with the Act may file a representation petition with the Board or may decline to respond to the request. The employer may not voluntarily recognize the labor organization.

 

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.35  Timeliness of Petitions and Bars to Election

 

a)         Contract Bar

 

1)         When there is in effect a collective bargaining agreement of 3 years or shorter duration covering all or some of the employees in the bargaining unit, representation and decertification petitions may be filed during the window period (between 90 and 60 days prior to the scheduled expiration date of the collective bargaining agreement) or anytime after the expiration of the collective bargaining agreement. However, the collective bargaining agreement shall serve as a bar (contract bar) to filing representation or decertification petitions outside of the window period.

 

2)         Where more than 4 years have elapsed since the effective date of the agreement, the agreement shall continue to bar an election, except that the Board may process an election petition filed between 90 and 60 days prior to the end of the fifth year of such an agreement, and between 90 and 60 days prior to the end of each successive year of such agreement.  (Section 9(h) of the Act)  This bar shall also apply to the filing of majority interest petitions. 

3)         When an employer recognizes an employee organization without using the voluntary recognition or representation procedures as specified by the Act, any collective bargaining agreement reached by the parties shall not serve as a bar to the filing of a representation or decertification petition.

 

b)         Certification Bar

 

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 certification following a representation petition or voluntary recognition petition.

 

c)         Election Bar

 

With respect to any bargaining unit, no election may be conducted in a bargaining unit, or subdivision thereof, when a valid Board conducted election has been held within the preceding 12 month period in which the union or petitioner has lost the election.  However, representation and decertification petitions filed within the last three months of the 12 month period will be processed, and any resulting election or certification pursuant to the Board's card check procedures will be held after the 12 month period has elapsed.  Representation and decertification petitions filed in the first 9 months of the 12 month period will be dismissed.

 

(Source:  Amended at 28 Ill. Reg. 4172, effective February 19, 2004)

 

Section 1210.37  Bargaining Unit Determinations

 

a)         In determining the appropriateness of a unit for purposes of collective bargaining, the Administrative Law Judge and/or 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; fragmentation of employee groups; common supervision, wages, hours and other working conditions of the employees involved; and the desires of the employees.  If the employer alleges that the petitioned for unit is not appropriate, it shall submit a detailed statement explaining why the unit is not appropriate.  The Administrative Law Judge may determine a unit other than the one petitioned for is an appropriate unit.  The employer or union must inform the Administrative Law Judge whether it is willing to proceed to an election or a determination of majority status through the Board's card check procedures in a unit other than one petitioned for.

 

b)         In describing the unit found appropriate for purposes of collective bargaining, the Board may, at the parties' request, describe the unit in job function terms rather than by job titles.  Such unit descriptions may also include those currently existing job titles that perform the job functions.

 

c)         A bargaining unit described as consisting of particular job titles shall also include any job titles later created that are successor job titles to the currently existing job titles or perform the same or substantially similar job functions as the currently existing job titles.

 

(Source:  Amended at 28 Ill. Reg. 4172, effective February 19, 2004)

 

Section 1210.40  Representation Petitions

 

a)         A representation petition may be filed by:

 

1)         an employee, a group of employees, or a labor 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. (Section 9(a)(2) of the Act)

 

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

 

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

 

2)         the name, address, telephone number and affiliation, if any, of the labor organization;

 

3)         the name, address and telephone number of petitioner's representative;

 

4)         a specific and detailed description of the proposed bargaining unit that petitioner claims to be appropriate, including employee classifications or job titles to the extent known;

 

5)         a statement of whether the proposed unit combines professional and nonprofessional employees;

 

6)         a statement of whether the proposed unit combines craft and noncraft employees;

 

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

 

8)         a statement of whether the proposed unit is to be included within an existing bargaining unit;

 

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

 

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

 

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

 

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

 

13)         in the case of a petition filed by an employer, a statement that one or more labor organizations has demanded recognition; and

 

14)         a statement indicating whether the petitioner requests a representation election or a determination of majority support through the Board's card check procedures.

 

c)         The Board shall serve the representation petition on the appropriate parties as follows:

 

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

 

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

 

d)         Employee and labor organization petitions shall be accompanied by a showing of interest, as defined in Section 1210.80, that at least 30% of the employees in the petitioned for bargaining unit wish to be represented by the labor organization.

 

e)         If a labor organization has indicated on the representation petition that it is seeking to utilize the Board's card check procedures for determination of majority status, the petition must be accompanied by a showing of interest, as defined in Section 1210.80, evidencing that a majority of the employees in the petitioned-for bargaining unit wish to be represented by the labor organization.

 

f)         A petition may seek joint representation by two or more labor 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, and the showing of interest shall expressly designate joint representation.

 

g)         A labor organization may withdraw its representation petition as follows:

 

1)         If there are no intervenors, at any time.  However, any such withdrawal that occurs after the direction of an election or the approval of a consent election agreement shall bar the labor organization from petitioning for an election or for a determination of majority status through the Board's card check procedures in a bargaining unit covering all or part of the petitioned for unit for six months following the withdrawal.

 

2)         If there are intervenors, the labor organization may not withdraw its petition without the consent of all parties.  However, the labor 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 5 days prior to the election.  Upon receipt of such a statement, the Board shall strike the labor organization's name from the ballot.

 

h)         Whenever a representation petition proposes a bargaining unit that includes craft and non-craft employees, the petition shall so state.  In cases where a petition seeks determination of majority support based upon the Board's card check procedures, the Board will first conduct an election to determine whether the employees wish to be included in a combined craft/non-craft unit.  The election will be conducted pursuant to the election provisions in this Part, except that the date for determining an employee's eligibility to vote shall be the date the majority interest petition was filed.  Following the election, the Board will then calculate the union's majority status, based upon the evidence filed with the petition, for either a combined unit or separate units, depending upon the results of the election.

 

i)          Whenever a representation petition proposes a bargaining unit that includes or that may include professional and non-professional employees, the petition shall so state.  In cases where a petition seeks determination of majority support based upon the Board's card check procedures, the Board will first conduct an election to determine whether the employees wish to be included in a combined professional/non-professional unit.  The election will be conducted pursuant to the election provisions in this Part, except that the date for determining an employee's eligibility to vote shall be the date the majority interest petition was filed.  Following the election, the Board will then calculate the union's majority status, based upon the evidence filed with the petition, for either a combined unit or separate units, depending upon the results of the election.

 

j)          Whenever a representation petition proposes a bargaining unit that includes or that may include peace officers and civilian employees, the petition shall so state.

 

(Source:  Amended at 28 Ill. Reg. 4172, effective February 19, 2004)

 

Section 1210.50  Intervention Petitions

 

a)         An intervention petition may be filed by an employee, a group of employees, or a labor organization on a Board-designated form.

 

b)         Intervention petitions shall be signed by a representative of the petitioning party and shall contain the same information as is required for representation petitions.

 

c)         Intervention petitions may be filed with the Board no later than 15 days prior to the date of the election.  However, any intervenor who files after the commencement of the hearing or, if no hearing is held, after the approval of a consent election agreement or the direction of an election, shall have waived objections to the bargaining unit.

 

d)         Intervention petitions shall be accompanied by a showing of interest, as defined in Section 1210.80, that at least 10 percent of the employees in a bargaining unit substantially similar to the petitioned for unit or at least 30 percent of the employees in a bargaining unit that is not substantially similar to the petitioned for unit wish to be represented by the labor organization. In determining whether the proposed bargaining units are substantially similar, the Board will consider the number and type of employees included 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.

 

e)         When a proposed unit combines craft and noncraft employees, a labor organization may file a petition to intervene in a unit limited to a craft.  Whenever a party has so intervened, the election shall proceed in accordance with Section 1210.140.

 

f)         When a proposed unit combines professional and nonprofessional employees, a labor organization may file a petition to intervene in a unit limited to professional employees or limited to non-professional employees.  The election shall be conducted in accordance with Section 1210.140(d).

 

g)         When a proposed unit combines civilian employees and peace officers, a labor organization may file a petition to intervene in a unit limited to civilian employees or limited to peace officer employees.  A bargaining unit determined by the Board to contain peace officers shall contain no employees other than peace officers unless otherwise agreed to by the employer and the labor organization or labor organizations involved.

 

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.60  Decertification Petitions

 

a)         The purpose of a decertification proceeding is to determine whether a majority of the employees in an appropriate bargaining unit maintain their desire to be represented by the existing exclusive bargaining representative.

 

b)         A petition to decertify an existing exclusive representative may be filed with the Board.  The petition shall be served by the Board 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, address and telephone number of the petitioner and of the petitioner's representative;

 

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

 

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

 

4)         a specific and detailed description of the bargaining unit, including employee classifications or job titles;

 

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;

 

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

 

c)         A petition to decertify an existing exclusive representative must be supported by a 30% showing of interest as defined by Section 1210.80.  Determination of majority support based upon the Board's card check procedures will not apply to decertification petitions.

 

d)         An employer may not instigate a decertification petition filed by an employee or group of employees.

 

e)         The Executive Director, when convinced that the petition is filed in accordance with Section 1210.35, may issue an Order Directing an Election. The Order is appealable pursuant to Section 1200.135.

 

(Source:  Amended at 28 Ill. Reg. 4172, effective February 19, 2004)

 

Section 1210.65  Declaration of Disinterest Petition

 

a)         A labor organization that has been certified by the Board or historically recognized pursuant to Section 9 of the Act as the exclusive bargaining representative of a bargaining unit may file a Declaration of Disinterest petition with the Board to declare its disinterest in further representation of that bargaining unit.  The petition shall be on a Board-designated form, signed, and shall contain the following:

 

1)         the name, address, telephone number and affiliation, if any, of the petitioning labor organization and its representative;

 

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

 

3)         a specific and detailed description of the bargaining unit, including employee classifications or job titles;

 

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

 

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

 

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

 

7)         A declaration that the labor organization waives and disclaims any right  to represent the bargaining unit employees.

 

b)         The Board shall investigate the petition.  If the Board determines that  12 months have passed since the certification of the labor organization, and that the petition is otherwise appropriate, the Board shall notify the labor organization that its petition has been approved and, where the labor organization had previously been certified by the Board, shall issue a revocation of the prior certification.  Upon receipt of this notification of approval, the duties and responsibilities of the labor organization to that bargaining unit shall cease.

 

(Source:  Added at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.70  Timeliness of Petitions (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.80  Showing of Interest

 

a)         Representation Petitions/Decertification Petitions

Representation petitions filed by employees, groups of employees and labor organizations, and all decertification petitions, must be accompanied by a 30% showing of interest.

 

b)         Majority Interest Petitions

If a labor organization has indicated on the representation petition that it is seeking to utilize the Board's card check procedures for determination of majority support, the petition must be accompanied by a showing of interest evidencing that a majority of the employees in the petitioned-for bargaining unit wish to be represented by the labor organization.

 

c)         Intervention Petitions

A petition to intervene in an election must be supported by a 10% showing of interest when the petition seeks a bargaining unit substantially similar to the unit originally petitioned for.  When the intervenor seeks a bargaining unit substantially different from the unit originally petitioned for, the petition must be supported by a 30% showing of interest.  However, an incumbent exclusive representative shall automatically be allowed to intervene without submitting any showing of interest.  Petitions to intervene shall not be permitted in majority interest cases.

 

d)         Showing of Interest Requirements

 

1)         Representation Petitions Seeking Elections

 

A)        The showing of interest in support of a representation petition may consist of authorization cards, petitions, or any other evidence that demonstrates that at least 30% of the employees wish to be represented by the labor organization.

 

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

 

C)        Any evidence submitted as a showing of interest must contain legible signatures and each signature must be dated by the employee. The showing of interest in support of a petition may be evidenced by the electronic signature of the employee, as set forth in 80 Ill. Adm. Code 1210.80(e).

 

D)        The showing of interest shall be valid only if signed within 12 months prior to the filing of the petition.

 

E)        Where non-electronic signatures are used to determine showing of interest, the Board will not accept copies of the documents bearing such signatures.

 

F)         The evidence submitted as a showing of interest must indicate the employee's desire for the named labor organization to act as his/her exclusive bargaining representative.

 

2)         Representation Cases Involving Majority Interest Petitions

 

A)        The showing of interest in support of a majority interest petition may consist of authorization cards, petitions, or any other evidence that demonstrates that a majority of the employees wish to be represented by the union for the purposes of collective bargaining.

 

B)        Any evidence submitted as a showing of interest must contain legible signatures and each signature must be dated by the employee.

 

C)        The showing of interest shall be valid only if signed within 6 months prior to the filing of the petition.

 

D)        Where non-electronic signatures are used to determine showing of interest, the Board will not accept copies of the documents bearing such signatures.  The Board also will not count signatures from employees who were not employed by the employer on the date the majority interest petition was filed.

 

E)        The showing of interest shall include the name of the petitioner, and shall state that by signing the card the employee acknowledges that if a majority of the co-workers in an appropriate unit sign evidence of majority support, the card can be used by the petitioner to obtain certification as the employees' exclusive representative without an election.  This provision shall not apply to evidence of majority support signed prior to February 19, 2004.

 

F)         Evidence of majority support signed prior to August 5, 2003 is invalid for determining majority support.

 

e)         Determination of Showing of Interest

 

1)         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.

 

2)         Whenever an employee has signed authorization cards or petitions for two or more labor organizations, each card or petition shall be counted in computing the required showing of interest.  Duplicates for the same labor organization shall be counted as one.  Where a majority interest petition has been filed and employees signing authorization cards have also signed cards authorizing other labor organizations to represent them, the most recently signed card will count for the purpose of determining majority status.

 

3)         The adequacy of the showing of interest shall be determined administratively by the Board or its agent.  The showing of interest determination is not subject to litigation, except upon a finding of a material issue of fact or law relating to fraud or coercion in majority interest petition cases.  However, any person who has evidence that the showing of interest was obtained improperly, such as through the use of fraud or coercion, may bring the evidence to the attention of the Board agent investigating the petition.

 

4)         If the Board agent determines that the evidence submitted does not demonstrate the appropriate level of showing of interest, the petitioner or intervenor shall have 48 hours in election cases, or five days in majority interest cases, to provide the necessary showing of interest to the Board agent.  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 dismissed.

 

5)         When the Board orders an election, or certification upon determination of majority support through the Board's majority interest petition procedures, in a unit different from the one petitioned for, the petitioner and intervenors, if any, shall have 5 days from the date of service of the Board's Order to submit a showing of interest in the new unit.

 

6)         Employees may not withdraw authorization cards or other documents evidencing majority support after the filing of a majority interest petition, unless the basis for the withdrawal constitutes evidence of fraud or coercion on the part of the petitioner.

 

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

 

8)         "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)].

 

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

 

A)        the signer's name;

 

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

 

C)        the signer's telephone number;

 

D)        the language to which the signer has agreed;

 

E)        the date the electronic signature was submitted; and

 

F)         the name of the employer of the employee.

 

10)         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 46 Ill. Reg. 15585, effective September 1, 2022)

 

Section 1210.90  Posting of Notice (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.100  Processing of Petitions

 

a)         Representation Petitions Seeking an Election

 

1)         The Board shall provide the employer with a Notice to Employees of the filing of a representation or decertification petition.  The Notice to Employees shall be posted on bulletin boards and other places where notices to employees in the proposed bargaining unit are customarily posted.  The Notice to Employees shall inform employees that a petition has been filed with the Board and shall outline intervention procedures.  The Notice shall remain posted until replaced by the Board-issued Notice of Election, unless the petition has been dismissed or withdrawn. It shall be incumbent upon the parties to contact the Board to correct any errors that may appear on the Notice to Employees.

 

2)         Within 7 days after service of a petition, the employer shall file with the Board a list containing the full names and titles of the employees in the proposed bargaining unit.  In the event the employer does not supply the list within 7 days, the Board shall administratively determine the adequacy of the showing of interest, based on the information provided by the union.

 

3)         All employers served with a representation petition and all unions served with a decertification petition shall file a written response to the petition. The response filed 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 and, to the extent known, whether any employees sought by petitioner to be included in the unit are supervisory, managerial or confidential.  If a party agrees to the appropriateness of the unit proposed in the petition, it shall so indicate. If a party disagrees with the unit proposed in the petition, it shall describe with particularity what it considers to be an appropriate unit, and shall include a description of the job titles and classifications of the employees to be included and of those to be excluded.

 

4)         The setting forth of a party's position with respect to the  appropriate unit shall not be deemed to waive or otherwise preclude the right of that party to subsequently assert a different position with respect to what unit it considers appropriate.

 

5)         Petitions to intervene in the election may be filed with the Board no later than 15 days prior to the date of the election.  However, 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 shall have waived objections to the bargaining unit.

 

6)         Upon receipt of the petition, the Board or its agent shall investigate the petition.  If, for any reason during the investigation, the Board or its agent discovers that the petition may be inappropriate, the Board or its agent may issue an order to show cause requesting that the petitioner provide sufficient evidence to overcome the inappropriateness.  Failure to provide sufficient evidence of the petition's appropriateness can result in the dismissal of the petition.  Moreover, in conjunction with subsection (a)(3), if, for any reason during the investigation, the Board or its agent discovers that the employer's objections to the representation petition or the union's objections to the decertification petition are insufficient in either law or fact, the Board or its agent may issue an order to show cause requesting that the employer or union provide sufficient evidence to support its defenses. Failure to provide sufficient evidence can result in the waiver of defenses.

 

7)         Results of the Investigation

 

A)        After the investigation, the Executive Director shall dismiss a petition, or the Administrative Law Judge shall recommend to the Board that a petition be dismissed, when a petition has been filed untimely; when the bargaining unit is clearly inappropriate; when the showing of interest is not adequate; when the employer is not covered by the Act; when the employees are not covered by the Act; or for any other reason there is no reasonable cause to believe that a question of representation exists.  Parties may appeal the Executive Director's order or the Administrative Law Judge's recommended decision and order in accordance with 80 Ill. Adm. Code  1200.135.

 

B)        If, at the conclusion of the investigation, the parties agree to an election in the petitioned-for bargaining unit, the parties may file a stipulation for consent election in accordance with Section 1210.105.

 

C)        If, at the conclusion of the investigation, the only issues remaining between the parties are logistical, e.g., the date of the election, or the positions in dispute comprise 10% or less of the petitioned for bargaining unit, the Executive Director or Administrative Law Judge may issue an Order Directing an Election. Parties may appeal the Order in accordance with 80 Ill. Adm. Code 1200.135.

 

D)        If the investigation discloses that there is reasonable cause to believe that there are unresolved issues relating to the question concerning representation, the Board shall set the matter for hearing before an Administrative Law Judge.  All parties shall be given a minimum of 14 days notice of the hearing.

 

8)         The Executive Director may, in his or her discretion or at the request of the charging party, suspend the processing of a petition if an unfair labor practice charge is filed containing allegations regarding conduct that may either affect the existence of a question concerning representation or have a tendency to interfere with a fair and free election.

 

b)         Representation Cases Involving Majority Interest Petitions

 

1)         The Board shall provide the employer with a Notice to Employees of the filing of a majority interest petition.  The Notice to Employees shall be posted on bulletin boards and other places where notices to employees in the proposed bargaining unit are customarily posted.  The Notice to Employees shall inform employees that a petition has been filed with the Board in accordance with Section 9(a)(5) of the Act.  The Notice shall remain posted for 14 days. It shall be incumbent upon the parties to contact the Board to correct any errors that may appear on the Notice to Employees.

 

2)         Within 7 days after service of a petition, the employer shall file with the Board a list containing the full names and titles of the employees in the proposed bargaining unit, along with signature exemplars of the employees in the proposed unit.  The Board's agent shall grant reasonable requests for extentions of time to prepare the signature exemplars based upon the size or scope of the petitioned for unit.  In the event the employer does not supply the aforementioned information within 7 days, and it has not been granted an extension of the 7 day period, the Board or its agent shall administratively determine the adequacy of the showing of interest, based on the information provided by the union.

 

3)         All employers served with a majority interest petition shall file a written response to the petition within 14 days after service of the petition. The response filed 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 and, to the extent known, whether any employees sought by petitioner to be included should be excluded from the unit.  The employer must also provide at this time clear and convincing evidence of any alleged fraud or coercion in obtaining majority support.  If a party agrees to the appropriateness of the unit proposed in the petition, it shall so indicate. If a party disagrees with the unit proposed in the petition, it shall describe with particularity what it considers to be an appropriate unit, and shall include a description of the job titles and classifications of the employees to be included and of those to be excluded.  The Board's agent shall grant reasonable requests for extensions of time to prepare a position statement based upon the size or scope of the petitioned for unit.

 

4)        The setting forth of a party's position with respect to the appropriate unit shall not be deemed to waive or otherwise preclude the right of that party to subsequently assert a different position with respect to what unit it considers appropriate.

 

5)        Fraud or Coercion

 

A)        A party or individual alleging that the petitioner’s evidence of majority support was obtained fraudulently or through coercion must provide evidence of that fraud or coercion to the Board or its agent.  If a party has not provided evidence demonstrating a material issue of fact or law relating to fraud or coercion, the Board will certify the union as the unit’s exclusive representative if it is determined to have majority support. 

 

B)        If the Board finds a party has provided evidence demonstrating a material issue of fact or law relating to fraud or coercion, it will conduct a hearing to determine whether there is clear and convincing evidence of fraud or coercion.  All parties shall be given a minimum of 14 days notice of the hearing.  If the Board finds clear and convincing evidence of fraud or coercion, the Board will conduct an election in the petitioned for unit to determine majority support for the petitioner.  If the Board finds clear and convincing evidence of fraud or coercion to be lacking, it will determine majority support for the petitioner based upon the evidence filed with the petition.  As an alternative to submitting the issue of clear and convincing evidence to hearing, the parties may agree to a Board-conducted election in the unit.

 

6)         Upon receipt of the petition, the Board or its agent shall investigate the petition.  If, for any reason during the investigation, the Board or its agent discovers that the petition may be inappropriate, the Board or its agent may issue an order to show cause requesting that the petitioner provide sufficient evidence to overcome the inappropriateness.  Failure to provide sufficient evidence of the petition's appropriateness can result in the dismissal of the petition.  Moreover, in conjunction with subsection (b)(3), if, for any reason during the investigation, the Board or its agent discovers that the employer's objections to the majority interest petition are insufficient in either law or fact, the Board or its agent may issue an order to show cause requesting that the employer or union provide sufficient evidence to support its defenses. Failure to provide sufficient evidence can result in the waiver of defenses.

 

7)         Results of the Investigation

 

A)        After the investigation, the Executive Director shall dismiss a petition, or the Administrative Law Judge shall recommend to the Board that a petition be dismissed, when a petition has been filed untimely; when the bargaining unit is clearly inappropriate; when the showing of interest is not adequate; when the employer is not covered by the Act; when the employees are not covered by the Act; or for any other reason there is no reasonable cause to believe that a question of representation exists.  Parties may appeal the Executive Director's order or the Administrative Law Judge's recommended decision and order in accordance with 80 Ill. Adm. Code  1200.135.

 

B)        Where there are no unit appropriateness or exclusion issues, or any other issues necessitating a hearing, the Executive Director will prepare a tally of the finding of majority support and certify the petitioner as the unit’s exclusive representative within 20 days after the service of the petition.  Where there are unit or exclusion issues, but the number of the contested positions is not sufficient to affect the determination of majority support, then the Executive Director will, within 20 days after service of the petition, prepare a tally of the finding of majority support and issue a certification and the tally concerning the employees not in dispute.  The disputed employees’ inclusion in the unit will be subject to the Board’s unit clarification procedures.  Where the number of contested employees is determinative of the outcome, the Board will impound the showing of interest and will resolve the unit appropriateness and exclusion issues through its hearing procedures.

 

C)        If the investigation discloses that there is reasonable cause to believe that there are unresolved issues relating to the question concerning representation, the Board shall set the matter for hearing before an Administrative Law Judge.  All parties shall be given a minimum of 14 days notice of the hearing.

 

8)         No intervention petitions will be permitted in majority interest cases.  If a labor organization seeks to file a representation petition for the same or a similar unit to the one described in a majority interest petition, it may file an election petition pursuant to the procedures of this Part.  Where more than one petition exists for the same or a similar unit of employees, the Board will direct an election in the appropriate unit to determine the employees' choice of representative.  

 

(Source:  Amended at 28 Ill. Reg. 4172, effective February 19, 2004)

 

Section 1210.105  Consent Elections

 

a)         Following the filing of a petition, a stipulation for a consent election may be filed as follows:

 

1)         The stipulation must be signed by the petitioner, the employer, the labor 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; and a reasonable number of observers allowed to each party.

 

b)         A Board-issued Notice of Election shall be posted in accordance with Section 1210.90 of this Part. The parties shall be responsible for informing the Board of any errors that may appear on the Notice.

 

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

 

d)         Within 7 days following the Executive Director's approval of the consent election agreement, the employer shall furnish the Board and the labor organizations with a list of the full names, alphabetized by last name, and addresses of the employees eligible to vote in the election.  The lists shall be provided by personal delivery or certified mail.  The employer shall obtain receipts verifying delivery.

 

(Source:  Section 1210.105 renumbered from Section 1210.110 and amended at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.107  Hearings

 

a)         Representation hearings shall be non-adversarial in nature.  All parties may present evidence and make arguments, subject to the control of the Administrative Law Judge.  Subject to the discretion of the Administrative Law Judge, the employer shall present its evidence first in representation hearings. Any party asserting a statutory exclusion shall have the burden of providing sufficient evidence in support of that exclusion.

 

b)         If the petitioner fails to appear after proper service of Notice of Hearing, the Administrative Law Judge shall dismiss the petition.  If any party other than the petitioner fails to appear, the Administrative Law Judge may proceed in its absence and issue a recommended decision and order.

 

c)         Interested persons, other than labor organizations, who may be necessary to the proceedings, who wish to intervene in the hearing shall direct a request to the Administrative Law Judge.  The request shall be in writing and shall state the grounds for intervention.  The Administrative Law Judge shall have discretion to grant or deny the request for intervention.  The decision shall be based upon the interests of the intervenor, whether those interests will be adequately protected by existing parties, and the timeliness of the intervenor's request.

 

d)         Pursuant to 80 Ill. Adm. Code 1200.40, the Administrative Law Judge may schedule a pre-hearing conference or request statements of position when it appears to the Administrative Law Judge that such would expedite the procedure.

 

e)         Intermediate rulings of the Administrative Law Judge shall not be subject to  interlocutory appeal, except for rulings issued in accordance with 80 Ill. Adm. Code 1220.65.  Parties may raise objections to such intermediate rulings in their exceptions to the Administrative Law Judge's recommended decision.

 

f)         The Administrative Law Judge shall inquire fully into all matters in dispute, and shall obtain a full and complete record.  The Administrative Law Judge shall file and serve on the parties a recommended decision and order of the case as expeditiously as possible.

 

g)         All exceptions, cross-exceptions, responses and cross-responses to the Administrative Law Judge's recommended decision and order shall be filed and served in accordance with 80 Ill. Adm. Code 1200.135.

 

(Source:  Added at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.110  Consent Elections (Renumbered)

 

(Source:  Section 1210.110 renumbered to Section 1210.105 at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.120  Bargaining Unit Determinations (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.130  Eligibility of Voters

 

a)         To be eligible to vote in an election, an employee must have been in the bargaining unit as of the last day of 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.

 

c)         Within 7 days following the Executive Director's approval of a consent election agreement or within 7 days following a Direction of Election, the employer shall furnish the Board and the labor organizations with an excelsior list of the full names, alphabetized by last name, and addresses of the employees eligible to vote in the election.  The lists shall be provided by personal delivery or certified mail.  The employer shall obtain receipts verifying delivery.

 

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.140  Conduct of the Election

 

a)         The election shall be conducted under the supervision of the Board. Voting shall be by secret ballot.  Whenever the Board determines that a mail ballot will better effectuate the purposes of the Act, it shall conduct the election by mail ballot.  In all other cases, it shall conduct the election on site.

 

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

 

c)         When 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, if any. Noncraft employees shall only be given ballots for voting on choice of representative.

 

d)         When 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, if any.

 

e)         On Site Election Procedures.  When the election is conducted on site, the following procedures shall apply:

 

1)         Each party shall be entitled to an equal number of observers, as determined by the Executive Director or the Board agent. Observers for the employer may not be individuals who supervise any of the employees in the bargaining unit, other individuals closely identified with management, paid union staff, or attorneys for any party. The conduct of observers is subject to such reasonable limitations as the Executive Director or Board agent may prescribe.

 

2)         Parties must submit to the Board agent the names and job titles of each observer who will be present at the election.  This information shall be submitted at least 2 days prior to the election.

 

3)         Election observer duties include assisting in the identification of voters, challenging voters and/or ballots, if necessary, and otherwise assisting the Board agent.

 

4)         The Board agent shall prescribe the area in proximity to the polling place in which electioneering shall be prohibited.  Cameras, video equipment, and similar equipment shall be prohibited within the actual polling area while employees are voting.

 

5)         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.

 

6)         The Board agent or any authorized observer may challenge the eligibility of any voter.  The observer must state the reason for the challenge.  A voter whose identity has been challenged may establish identity by showing a driver's license or any other piece of identification acceptable to the Board agent.  A challenged voter shall be permitted to vote in secret.  The challenged voter's ballot shall be placed in a "challenged ballot" envelope.  The envelope shall be sealed by the Board agent and initialed by the observers.  The reason for the challenge and the voter's name shall be marked on the envelope and the envelope shall be placed in the ballot box.

 

7)         A voter shall mark a cross (X) or check mark in the circle or block designating the voter's choice in the election.  If the voter seeks assistance in marking the ballot, the intent of the voter shall be followed in that marking of the ballot.  If the ballot is defaced, torn or 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, it may be returned to the Board agent who shall give the voter another ballot.  The spoiled ballot shall be placed in a "spoiled ballot" envelope.  The envelope shall be sealed by the Board agent and initialed by the observers, and the Board agent shall place the envelope in the ballot box.

 

8)         A voter shall fold the 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 by the Board agent and initialed by the observers until the subsequent opening of the polls and shall remain in the custody of the Board agent until the counting of the ballots.

 

9)         The Board agent may privately assist any voter who, due to physical or other disability, is unable to mark the ballot.

 

10)        Each party shall designate a representative to observe the tallying of the ballots.

 

11)        Upon conclusion of the polling, ballots shall be tallied in accordance with subsection (g).  If there was only one polling location, ballots shall be tallied at the polling site.  If there was more than one polling location, the Board agent shall seal the ballot boxes, which shall be initialed by the observers, and bring them to a predetermined central location.  When all of the ballot boxes have arrived, they shall be opened by the Board agent and the ballots shall be commingled for tallying.

 

f)         Mail Ballot Election Procedures.When the election is to be conducted by mail ballot, the following procedures shall apply:

 

1)         Each eligible voter shall be mailed a packet containing a ballot, ballot envelope, pre-addressed stamped return envelope, and instructions.

 

2)         The instructions shall advise the voter to mark the ballot without using a self-identifying mark, place the ballot in the ballot envelope, seal the ballot envelope and place it in the return envelope, seal the return envelope, both print and sign the return envelope across the seal, and mail it to the Board.  The instructions will also advise the voter of the date, set by the Board, by which return envelopes must be postmarked.

 

3)         When the election includes a vote on a combined professional/ nonprofessional unit, or a vote on craft severance, the appropriate voters shall be mailed separate ballots and ballot envelopes for unit preference or craft severance, and for choice of representative.  These voters shall be instructed to mark the ballots separately, place them in their respective ballot envelopes, and return both ballot envelopes in the return envelope.

 

4)         The parties may designate an equal number of representatives, as set by the Board, to observe the tallying of the ballots.  Ballots shall be tallied on a date set by the Board.

 

5)         Ballots shall remain unopened in their return envelopes until the date set for tallying.  On the date set for tallying, the representatives and the Board agent shall have an opportunity to challenge any ballots prior to the opening of the return envelopes.  Challenged ballots shall be handled in accordance with subsection (e)(6).  All ballots that have not been challenged shall be separated from their return envelopes and commingled prior to tallying.

 

6)         The ballots shall be tallied in accordance with subsection (g).

 

7)         The Board agent shall attempt to resolve ballot challenges before the ballots are counted.

 

g)         Vote Tally Procedures.  In mail and on site elections, ballots will be tallied, in the presence of the parties' representatives attending the count, as follows:

 

1)         The Board agent shall segregate the challenged ballots. The challenged ballots shall only be opened and counted if they could be determinative of the outcome of the election.

 

2)         If challenges to ballots have not been resolved, and if the challenges could affect the outcome of the election, the Board will treat the challenges in the same manner as objections to the election.

 

3)         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 craft severance ballots choose craft severance, the craft and noncraft ballots on choice of representative, if any, 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, if any, shall be tallied together.

 

4)         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.  If a majority of the employees casting valid ballots in each group vote for a combined unit, the ballots on choice of representative, if any, 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, if any, shall be tallied separately.

 

h)         When there are only two choices on the ballot and each receives 50 percent of the vote, the following shall apply:

 

1)         In representation elections, absent valid objections or challenges, the Board shall certify that a majority of the employees have not voted to select the labor organization as their exclusive representative.

 

2)         In decertification elections, absent valid objections or challenges, the Board shall certify that a majority of the employees no longer desire to be represented by the labor organization.

 

i)          When there are three or more choices on the ballot (two or more labor organizations and "No Representation") and no choice receives a majority of the valid ballots cast, the Board shall conduct one runoff election between the two choices that received the most votes.  When there is a tie for first place among more than two choices, the runoff shall be among those choices involved in the tie.  When the first place choice has not received a majority of the votes and there is a tie for second place, the runoff shall be among the first place choice and those tying for second place.  The results of votes taken during the first election on craft severances and/or combined professional/nonprofessional units, if applicable, shall be binding on the runoff election.

 

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

 

(Source:  Amended at 45 Ill. Reg. 1872, effective February 1, 2021)

 

Section 1210.150  Objections to the Election

 

a)         Any party to the election may file objections with the Board alleging that the result was not fairly and freely chosen by a majority of the employees.  The party must serve its objections on the other parties to the election prior to or simultaneously with their filing with the Board.

 

b)         Objections must be received by the Board no later than five days after the final tally was served on the representatives. Pending challenges to ballots shall not stay the time for filing objections.

 

c)         The objecting party shall, within five days after filing objections, submit to the Board a statement of material facts and issues and a summary of material evidence.

 

d)         The Executive Director shall promptly investigate the allegations, and, at the conclusion of the investigation, issue a report on the challenges and/or objections.  If the Executive Director finds no reasonable cause to believe that the result of the election was not fairly and freely chosen, he shall issue a report dismissing the challenges and objections.  Parties may appeal the Executive Director's report in accordance with 80 Ill. Adm. Code 1200.135.  If the Executive Director finds reasonable cause to believe that the result of the election was not fairly and freely chosen by a majority of the employees, he or she shall set the matter for hearing before an Administrative Law Judge.  The Administrative Law Judge will conduct the hearing in accordance with Section 1210.105.  If it is determined, after hearing, that the result was not fairly and freely chosen by a majority of the employees, the Board shall order a new election and shall order corrective action it finds necessary to ensure the fairness of the new election.  If it is determined that the result was fairly and freely chosen by a majority of the employees, the Board shall promptly certify the election results.

 

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.160  Voluntary Recognition Procedures

 

a)         Voluntary recognition petitions may not be filed under the following circumstances:

 

1)         whenever a labor organization is recognized in accordance with the Act as the exclusive representative of all or some of the employees in the bargaining unit; and

 

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

 

b)         When an employer and a labor organization agree to use the voluntary recognition procedures, the employer and labor organization must file a request for voluntary recognition with the Board.  The request shall be on a form developed by the Board.  The request shall be signed by both parties and shall contain the following:

 

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

 

2)         the name, address, telephone number and affiliation, if any, of the labor organization;

 

3)         the name, addresses and telephone numbers of the parties' representatives;

 

4)         a specific and detailed description of the proposed bargaining unit, including job titles and classifications;

 

5)         the number of employees in the proposed bargaining unit and whether the proposed bargaining unit includes professional employees;

 

6)         a statement describing why the employer and the labor organization are satisfied that the labor organization represents the majority of the employees in the proposed bargaining unit; and

 

7)         a statement describing why the employer and the labor organization are satisfied that the proposed unit is an appropriate bargaining unit within the meaning of Section 9 of the Act.

 

c)         The request must be supported by objective evidence of the majority status of the labor organization as required by Section 1210.80.  

 

1)         If authorization cards are offered as evidence, they may be submitted jointly to the Board or they may be confidentially submitted by the labor organization to the Board. Cards must be signed and dated by the employees pursuant to Section 1210.80. The authorization cards expire one year from the signing date.

 

2)         If authorization cards are offered as evidence, those cards that would not qualify as evidence in support of a representation petition will not be considered sufficient evidence of majority status.

 

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

 

d)         Following the filing of a request for voluntary recognition, the Board shall provide the employer with a Notice of Voluntary Recognition that shall be posted on bulletin boards and other places where notices for employees in the bargaining unit are customarily posted. The Board's Notice of Voluntary Recognition shall have the following information:

 

1)         statement that, subject to Board certification, the employer intends to recognize the employee organization if no competing  claims of representation are filed with the Board;

 

2)         the name and address of the employer;

 

3)         the name and address and affiliation, if any, of the labor organization;

 

4)         a specific and detailed description of the proposed bargaining unit, including job titles and classifications;

 

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

 

6)         the date of posting; and

 

7)         the signature of the employer's representative.

Parties are required to inform the Board of any errors in the Notice of Voluntary Recognition.

 

e)         The Notice of Voluntary Recognition  shall remain posted for a 20 day period specified within the Notice. The employer shall take steps reasonably necessary to ensure that the Notice  of Voluntary Recognition is not removed or defaced. After the Notice of Voluntary Recognition has been posted for the prescribed 20 day period, the employer shall submit a Board-issued Certificate of Posting confirming that the Notice has been posted for 20 days.

 

f)         During the 20 day posting period, any competing labor organization may file a petition with the Board seeking to represent all or some of the employees in the unit.  Prior to, or simultaneously with, its filing with the Board, the competing labor organization shall serve the petition on the employer and the labor 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, telephone number and affiliation, if any, of the labor organization;

 

2)         the name, address, telephone number and signature of petitioner's representative;

 

3)         the names of the employer and labor organization that the employer intended to voluntarily recognize, and the names and addresses of the employer and labor organization representatives;

 

4)         a specific and detailed description of the proposed bargaining units, including job titles and classifications to the extent known, proposed by the petitioner and on the Notice of Voluntary Recognition and designate any positions included in both units;

 

5)         the date the Notice of Voluntary Recognition was posted; and

 

6)         the date the posting period is scheduled to end.

 

g)         A competing labor organization's petition must be supported by a showing of interest of at least 10 percent of the employees in an appropriate bargaining unit which includes all or some of the employees in the unit that was to have been voluntarily recognized.  (Section 9(g) of the Act.)

 

h)         Upon the filing of a competing labor organization's petition and proper showing of interest, the Board shall treat the voluntary recognition proceeding as a representation proceeding.  The Board shall proceed in accordance with Section 9(a) of the Act and Sections 1210.80 through 1210.150.

 

i)          If no competing labor organization petitions have been filed with the Board by the end of the posting period, the employer and the labor organization shall file with the Board a certification of posting. This Certification of Posting pshall be on a form developed by the Board. The Certification of Posting shall contain the following:

 

1)         the Board case number assigned to the Request for Voluntary Recognition and date filed;

 

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

 

3)         the name, address, telephone number and affiliation, if any, of the labor organization;

 

4)         the names, addresses and telephone numbers of the parties' representatives;

 

5)         a specific and detailed description of the proposed bargaining unit, including job titles and classifications;

 

6)         the number of employees in the proposed bargaining unit;

 

7)         the dates, locations and termination date of the posting of the Notice of Voluntary Recognition ;8)           a statement that the Notice of Voluntary Recognition was not removed or defaced during the posting period;

 

9)         a statement that the parties desire certification of the voluntary recognition issue; and

 

10)         a statement that no intervening petition was filed.

 

j)          The Board will investigate the Request for Voluntary Recognition.

 

1)         If the Board concludes that the labor organization represents a majority of the employees in an appropriate bargaining unit, and that the petition is otherwise consistent with the Act and this Part, the Board shall certify the labor 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, that the proposed bargaining unit is not appropriate, 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 labor organization or the commencement of voluntary recognition proceedings in an appropriate unit in which the labor organization has majority status.

 

k)         If, after the Board directs an election in a representation proceeding, the employer decides to voluntarily recognize the labor organization, the Request for Voluntary Recognition must be filed within 14 days after service of the Board's Direction of Election.  Within seven days after receipt of the Request, if the Board determines that there is insufficient evidence to support the claim of majority status, an election shall be scheduled as expeditiously as possible.

 

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.170  Unit Clarification Procedures

 

a)         An exclusive representative or an employer may file a unit clarification petition to clarify or amend an existing bargaining unit when:

 

1)         substantial changes occur in the duties and functions of an existing title, raising an issue as to the title's unit placement;

 

2)         an existing job title that is logically encompassed within the existing unit was inadvertently excluded by the parties at the time the unit was established; and

 

3)         a significant change takes place in statutory or case law that affects the bargaining rights of employees.

 

b)         The petition shall be served on the other party by the Board.  The petition shall be signed and shall contain the following:

 

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

 

2)         the name, address and telephone number of petitioner's representative;

 

3)         the name, address, telephone number and affiliation, if any, of the exclusive representative;

 

4)         a specific and detailed description of the existing bargaining unit, including job titles and classifications; and

 

5)         the nature of and reasons for the proposed amendment or clarification.

 

c)         Following the filing of a unit clarification petition, the Board shall provide the employer with a Notice to Employees that shall be posted on bulletin boards and other places where notices to employees in the bargaining unit are customarily posted.  The Notice to Employees shall remain posted for at least the 20 day period specified by the Board in the Notice.

 

d)         The responding may file a response to the petition within 20 days following party service of the petition.

 

e)         The Board or its agent shall investigate the petition.  After the investigation, the Executive Director shall dismiss the petition, set the matter for hearing, or issue an order clarifying the unit.  Parties may appeal the dismissal or the order clarifying the unit in accordance with Section 1200.135. If the matter is set for hearing, the hearing shall be held in accordance with Section 1200.105.

 

1)         Interested persons desiring to intervene in the hearing shall submit a written request to the Administrative Law Judge.  The Administrative Law Judge shall have discretion to grant or deny intervention. The decision shall be based upon the interests of the intervenor, whether those interests will be adequately protected by existing parties, and the timeliness of the intervenor's request.

 

2)         The Administrative Law Judge may schedule a prehearing conference or request prehearing briefs when it appears that doing so would expedite the procedure.

 

3)         The Administrative Law Judge shall inquire into all matters in dispute and shall obtain a full and complete record.  Following the close of the hearing, the Administrative Law Judge shall file and serve upon the parties a recommended disposition of the matter.

 

4)         Parties may appeal the Administrative Law Judge's recommended decision and order in accordance with Section 1200.135.

 

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.175  Stipulated Unit Clarification Procedures

 

a)         The parties may stipulate to a unit clarification. The parties shall file with the Board a unit clarification petition indicating their stipulation.  Following the filing of such a petition, the Board shall provide the employer with a Notice to Employees of the Stipulated Unit Clarification. The Board-issued Notice to Employees of the Stipulated Unit Clarification shall be posted on bulletin boards and at other places where notices to employees in the bargaining unit are customarily posted.  The Notice to Employees 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 the 20 day period specified in the Notice to Employees. The employer shall take reasonable steps to ensure that the Notice is not removed or defaced during the posting period.

 

b)         During any posting period under this Section, interested parties 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.  If objections are not timely filed and/or properly served, the objections shall be deemed waived.

 

c)         Following the posting period, if no objections have been filed, the Board shall approve or disapprove the unit clarification depending upon whether the amendment or clarification is consistent with the Act.  If objections have been filed, the Board shall proceed in accordance with Section 1210.170(e).

 

(Source:  Added at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.180 Procedures for Amending  Certifications

 

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.  An employer or exclusive representative shall file a petition to amend a unit certification whenever there is a change in the employer's structure or when the certification incorrectly identifies the bargaining unit or contains any other errors.  The petition shall be served by the Board on any employer, or exclusive representative, who is not the petitioner.  The petition shall be signed, under penalty of perjury, and shall contain:

 

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

 

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

 

3)         the name, address and telephone number of petitioner's representative;

 

4)         a description of the proposed amendment; and

 

5)         the reasons for the proposed amendment.

 

b)         The employer shall post a Notice to Employees of the proposed amendment in accordance with Section 1210.170(c).

 

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 petitioner 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 necessary to effectuate the purposes and policies of the Act.

 

e)         If objections have been filed during the posting period, the Board shall proceed in accordance with Section 1210.170(e).

 

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)

 

Section 1210.190  Expedited Elections Pursuant to Section 10(b)(7)(C) of the Act

 

a)         Whenever a labor organization is engaged in activities as set forth in Section 10(b)(7)(C) of the Act, the employer may file a petition for an expedited election.

 

b)         Labor organizations and employees may not file petitions for expedited elections.

 

c)         A petition for an expedited election shall contain the same information as set forth in Section 1210.40 of this Part for representation petitions. A petition for an expedited election shall also contain a detailed statement describing the picketing, including the date the picketing began.  The petition shall be accompanied by evidence, including relevant documents and affidavits, supporting the employer's allegation of activities as set forth in Section 10(b)(7)(C) of the Act. The petition shall be served by the Board on the labor organization.

 

d)         The Board shall investigate the petition.  The investigation shall include an expedited hearing where one is necessary to resolve disputed issues of fact concerning the appropriateness of the bargaining unit or the appropriateness of an expedited election.  The parties shall be given at least 24 hours notice of the hearing.

 

e)         If, after investigation, the Board determines that recognitional or organizational picketing within the meaning of Section 10(b)(7)(C) of the Act is continuing, it shall direct an expedited election.  The order directing an expedited election shall establish the bargaining unit, the date for the election, and the number of observers that the parties may have.

 

f)         The expedited election shall be conducted on site, in accordance with Section 1210.140.  Objections to the election may be filed in accordance with Section 1210.150.

 

g)         After completion of the election, any continuation of the activities as set forth in Section 10(b)(7)(C) of the Act or any threat to continue such activities shall constitute a violation of Section 10(b)(7)(B) of the Act.

 

(Source:  Amended at 27 Ill. Reg. 7393, effective May 1, 2003)