Section 1120.20  Filing of a Charge

a)         An unfair labor practice charge may be filed with the Illinois Educational Labor Relations Board (the Board) by an employer, an employee organization, or an employee.

b)         Unfair labor practice charges shall be on a form developed by the Board, shall be signed by the charging party, and shall contain:

1)         the name, address and affiliation, if any, of the charging party;

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

3)         a clear and complete statement of facts supporting the alleged unfair labor practice, including dates, times and places of occurrence of each particular act alleged, and the Sections of the Illinois Educational Labor Relations Act [115 ILCS 5] (the Act) alleged to have been violated; and

4)         a statement of the relief sought, provided that the statement shall not limit the Board's ability to award relief based on the record.

c)         The Board shall serve a copy of the charge upon the respondent.

d)         Unfair labor practice charges may be filed no later than six months after the alleged unfair labor practice occurred.

e)         A charging party may withdraw without prejudice a charge at any time prior to the issuance of a complaint.  After issuance of a complaint, a charging party may withdraw a charge only with the approval of the Executive Director.  The Executive Director shall approve the withdrawal when he or she finds that the withdrawal is consistent with the Act and this Part and was not obtained fraudulently or through duress. The withdrawal of a charge after the issuance of a complaint shall be with prejudice.

(Source:  Amended at 41 Ill. Reg. 10614, effective August 1, 2017)