TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.10 DEFINITIONS
Section 1100.10 Definitions
a) The term "Act" shall mean the Illinois Educational
Labor Relations Act [115 ILCS 5].
b) This Part incorporates the definitions contained in Section 2
of the Act.
c) The term "incumbent employee organization" or
"incumbent exclusive representative" shall mean the existing
exclusive representative of the employees in the bargaining unit.
d) The term "charging party" shall mean the person who
files an unfair labor practice charge.
e) The term "respondent" shall mean the party named in
an unfair labor practice charge or complaint as having allegedly committed the
unfair labor practice.
f) The term "scheduled start of the forthcoming school
year" shall mean the first date scheduled for student attendance for that
year.
g) The term "professional instructional personnel"
shall mean, in the case of a public school district, any employee whose
position requires a certificate issued pursuant to Article 21 of the School
Code [105 ILCS 5/Art.21].
h) The term "professional instructional personnel"
shall mean in the case of an employer other than a public school district, any
employee whose position includes or could include the provision of academic
instruction to students.
i) The term "legal holiday" shall mean a "legal school
holiday" as specified in Sec. 24-2 of the School Code (not to include
"special holidays" or "commemorative holidays"), or a
holiday observed by the Board.
j) The term "representation petition" shall include
both a petition seeking recognition as exclusive representative through an
election and a petition seeking recognition as exclusive representative through
the Board's card check procedures (majority interest petition).
(Source: Amended at 28 Ill.
Reg. 7932, effective May 28, 2004)
 | TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.20 FILING AND SERVICE OF DOCUMENTS
Section 1100.20 Filing and
Service of Documents
a) All documents relating to any proceeding before the Illinois
Educational Labor Relations Board (the Board) shall be filed in either the
Board's Springfield or Chicago office or shall be sent to the Board's
electronic mailbox (ELRB.mail@illinois.gov). Except as otherwise specified in
the rules of the Board, documents shall be considered filed with the Board on
the date they are received by the Board, except that documents sent by
certified or registered mail shall be considered to have been filed on the date
on which they are postmarked, and documents sent by overnight delivery service
shall be considered to have been filed on the date the receipt shows they were
given to the overnight delivery service. A party may file a document by
facsimile if the party also sends a hard copy. Documents may also be filed
electronically. The Board may direct parties to provide hard copies of
documents. Documents, including but not limited to documents filed
electronically, must be received by the close of business in order to be
considered to have been filed that day. Except for documents filed
electronically, a party must file an original and two copies of each document
in proceedings before a hearing officer or the Board.
b) Whenever 80 Ill. Adm. Code: Subtitle C, Chapter III requires
that a document be on a form developed by the Board, the document may be
prepared on a form obtained from the Board or on a facsimile thereof. Minor
deviations in the form of a document shall not be grounds for objecting to the
document. Minor deviations are those deviations that involve form but not
substance and thus do not prejudice any other party to the case.
c) The Board will serve final Board opinions, complaints and
notices of hearing, petitions, intervening claims, unfair labor practice
charges, and fair share fee objections on the appropriate parties by personal
service, registered or certified mail, leaving a copy at the principal office
or place of business of the person required to be served, or email in
accordance with subsection (g). A party may agree to service of the above
documents by other means by giving written consent. The Board may serve other
documents by other means.
d) All documents, except those listed in subsection (c), will be
served on the appropriate parties by the party propounding the document by
means calculated to provide proper service. When a party is represented in a
proceeding before the Board, service shall be on the party's representative.
When a party is not represented, service shall be on the party. Subpoenas will
be served by the party requesting the subpoena by personal service, registered
or certified mail, leaving a copy at the principal office or place of business
of the person required to be served, or email in accordance with subsection (g).
e) Whenever a document is filed with the Board, it shall be
accompanied by a certificate of service. A certificate of service shall
consist of a written statement, signed by the party effecting service,
detailing the name of the party served and the date and manner of service.
f) Failure of a party to serve a document or failure to attach a
certificate of service may be grounds to strike the document, if the failure
results in prejudice to another party (such as lack of notice or detrimental
reliance) or demonstrates disregard of the Board's processes (such as continued
noncompliance).
g) The
Board may provide service upon a party or its representative through email.
Documents issued by the Board in connection with a Board proceeding may be
served by email in lieu of other specified means of service. The following
procedures for service of documents and other information by verifiable
electronic methods, including, but not limited to, email (collectively referred
to as "service") will apply to service under 80 Ill. Adm. Code,
Subtitle C, Chapter III:
1) A
party or its representative shall designate an email address at which service
is accepted upon filing an unfair labor practice charge, representation
petition, or notice of appearance.
2) A
party or its representative shall immediately notify the Board of a change of
email address. Any person or entity who regularly practices before the Board
shall verify the email address on an annual basis.
3) The
showing of interest in a representation petition shall not be served by email.
No document containing protected confidential or personally identifying
information, as set out in Section 10-75(b) of the Illinois Administrative
Procedure Act [5 ILCS 100], shall be served by email.
4) Service
by email is effective at the time of the transmission and will be deemed
confirmed unless a failure to deliver message is received for all designated
email addresses for that Board proceeding. If the Board receives notification
that service to all designated email addresses fails,
the Board will accomplish service by some other means, such as facsimile or
First-Class or Priority Mail to the last facsimile or mailing address provided
by the party.
(Source: Amended at 45 Ill.
Reg. 1808, effective February 1, 2021)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.30 COMPUTATION AND EXTENSIONS OF TIME
Section 1100.30 Computation
and Extensions of Time
a) In computing any period of time prescribed by the Act or this
Part or 80 Ill. Adm. Code 1105, 80 Ill. Adm. Code 1110, 80 Ill. Adm. Code 1120,
80 Ill. Adm. Code 1125, 80 Ill. Adm. Code 1130, and 80 Ill. Adm. Code 1135,
except for objections to an election, the day of the act, event, or default
after which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included. If the last day of
the period so computed falls on a Saturday, Sunday or legal holiday, the time
period shall be automatically extended to the next day that is not a Saturday,
Sunday or legal holiday.
b) When a time period prescribed under the Act or 80 Ill. Adm.
Code: Subtitle C, Chapter III is less than seven days, intervening Saturdays,
Sundays or legal holidays shall not be included. Time periods shall otherwise
be calculated according to calendar days.
c) Whenever a time period begins running upon the service of
notice or other document upon a party, and service is effected by first class
mail, three days shall be added to the prescribed period. However, three days
shall not be added if any extension of time has been granted.
d) In all proceedings before the Board, extensions of time will
be granted only upon timely written motion to the General Counsel, if the
matter is before the members of the Board, or the presiding hearing officer if
the matter is before a hearing officer, and only upon a specific showing that
compliance with the deadline would be unduly burdensome for the party seeking
the extension, and the extension will not unduly delay the proceeding (undue
delay to be determined by factors including the length of the requested
extension, the length of time the matter has been pending, whether the party
has previously requested extensions and the impact of delay on other parties).
(Source: Amended at 41 Ill. Reg. 10566, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.40 HEARING OFFICERS (REPEALED)
Section 1100.40 Hearing
Officers (Repealed)
(Source: Repealed at 41 Ill. Reg. 10566, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.50 RECORDING OF HEARINGS (REPEALED)
Section 1100.50 Recording of
Hearings (Repealed)
(Source:
Repealed at 41 Ill. Reg. 10566, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.60 REPRESENTATION OF PARTIES
Section 1100.60
Representation of Parties
Subject to any restrictions on
the unauthorized practice of law, a party may be represented by counsel or any
other representative of the party's choosing. The representative shall file a
notice of appearance with the Board.
(Source:
Amended at 41 Ill. Reg. 10566, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.70 SUBPOENAS
Section 1100.70 Subpoenas
a) All subpoenas shall be issued by the Board upon written
application of a party to the Administrative Law Judge or hearing officer, or,
in the event that an Administrative Law Judge or hearing officer has not been
named, to the General Counsel. The application shall contain the name and
address of the party and its representative, the name of the person to be
subpoenaed, and, when applicable, a description of any documents to be
produced.
b) A person objecting to the subpoena, including a subpoena duces
tecum, may file a motion to revoke the subpoena. Any motion to revoke a
subpoena shall be filed with the hearing officer or Administrative Law Judge
or, in the event that a hearing officer or Administrative Law Judge has not
been named, with the General Counsel. The motion must be filed by the date on
which the person is required to appear or the documents are to be produced,
and, in any event, no later than five days after service of the subpoena.
Grounds for revocations of subpoenas shall include such factors as irrelevance,
burdensomeness of compliance, or privilege.
c) Witnesses
appearing at a hearing pursuant to subpoenas are entitled to the same fees and
mileage as are allowed witnesses in civil cases in the courts of the State of
Illinois, pursuant to Section 4.3 of the Circuit Courts Act [705 ILCS 35].
Witness fees and mileage shall be paid by the party at whose request the
subpoena was issued.
d) A subpoena duces tecum shall specify the date for production
of the documents. If the date so specified is other than at the hearing, the
date specified for production shall be a date in advance of the hearing, which
shall be no less than 10 days after the receipt of the subpoena by the person
or entity to whom it is directed.
e) A party may be awarded its
costs and reasonable attorney's fees incurred in seeking enforcement of a
subpoena when the noncompliant party has, in refusing to comply with the
subpoena, made allegations or denials without reasonable cause that are found
to be untrue or has engaged in frivolous litigation for the purpose of delay or
needless increase in the cost of litigation.
(Source: Amended at 41 Ill.
Reg. 10566, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.80 LIMITATION ON PRACTICE BEFORE THE BOARD BY FORMER EMPLOYEES
Section 1100.80 Limitation
on Practice Before the Board by Former Employees
No person who has been a Board
member or an employee of the Board shall engage in practice before the Board or
its agents in any respect in connection with any case or proceeding in which he
participated which was pending during the time of his membership on the Board
or employment with the Board.
(Source: Amended at 14 Ill. Reg. 1270, effective January 5, 1990)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.90 AMICUS CURIAE
Section 1100.90 Amicus
Curiae
Amicus Curiae briefs may be
filed by leave of the Board, or at the request of the Board. A motion for
leave to file an amicus curiae brief will state the reasons why an amicus
curiae brief is desirable. The Board's standards by which to grant leave to file
an amicus brief will include the importance of the issue presented, the general
application of the issue presented and the need perceived by the Board for
additional briefing on the issue presented. The amicus curiae brief shall
conform to any conditions imposed by the Board for briefs in the case in which
the brief is filed. The amicus curiae brief shall be filed on or before the due
date of the initial brief of the party whose position it supports. Amicus
curiae parties will be invited to participate in oral arguments heard by the
Board.
(Source: Added at 14 Ill. Reg. 1270, effective January 5, 1990)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.100 GENDER USAGE
Section 1100.100 Gender
Usage
Whenever the masculine gender is
used in 80 Ill. Adm. Code: Subtitle C, Chapter III, that reference also refers
to the female gender.
(Source: Added at 14 Ill. Reg. 1270, effective January 5, 1990)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.105 QUALIFICATIONS OF ADMINISTRATIVE LAW JUDGES
Section 1100.105
Qualifications of Administrative Law Judges
In all contested case hearings,
the Hearing Officer shall be an administrative law judge. The administrative
law judge shall be an attorney licensed to practice law in Illinois. The
administrative law judge shall be an employee of the Board or an individual
hired by contract with the Board for the purpose of conducting a particular
hearing.
(Source: Added at 26 Ill. Reg. 11472, effective July 23, 2002)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.110 CONFLICT OF INTEREST
Section 1100.110 Conflict of
Interest
At any time prior to the
issuance of the recommended decision and order, a party may move to disqualify
the administrative law judge on the grounds of bias or conflict of interest.
The motion shall be submitted in writing to the General Counsel, with a copy to
the administrative law judge, setting out the specific instances of bias or
conflict of interest. An adverse decision or ruling, in and of itself, is not
grounds for disqualification. The General Counsel may decline to disqualify
the administrative law judge or appoint another administrative law judge to
hear the case.
(Source: Added at 26 Ill. Reg. 11472, effective July 23, 2002)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.120 ORAL ARGUMENT
Section 1100.120 Oral Argument
Oral argument shall be allowed only at the discretion of the
Board. The Board shall direct oral argument when it determines that oral
argument will assist determination of the issues.
(Source: Added at 35 Ill.
Reg. 14438, effective August 12, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1100
GENERAL PROCEDURES
SECTION 1100.130 BOARD MEETING PROCEDURES
Section 1100.130
Board Meeting Procedures
a) If a quorum of Board members is
physically present at a Board meeting, a Board member may be allowed to attend
by video or audio conferencing if that Board member cannot be physically
present at the meeting because of personal illness or disability; employment
purposes or the business of the public body; or a family or other emergency.
The Board member must provide advance notice to the Chair of the Board unless
advance notice is impractical.
b) After the Board has considered pending
cases, members of the public shall be permitted to address the Board during the
open portion of a Board meeting on subjects relevant to the Board's functions.
The comments by each member of the public shall be limited to a reasonable
period of time, not to exceed five minutes unless the Board gives permission.
c) Any person shall be permitted to
photograph, tape, film or otherwise record the open portions of Board
meetings. Persons may be required to locate their cameras or other recording
devices at a sufficient distance from the Board members as is necessary to
avoid interference with the Board's discussion.
(Source: Added at 38 Ill.
Reg. 8371, effective April 1, 2014)
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