Section 1125.10  General Statement of Purpose

a)         The Illinois Educational Labor Relations Board (Board) finds that Sections 3(a), 11, and 14(a)(1) and (b)(1) of the Illinois Educational Labor Relations Act (the Act) [115 ILCS 5/3(a), 11, 14(a)(1) and (b)(1)] govern the collection and/or expenditure of fair share fees over an employee's objection.  The procedures in this Part provide the exclusive method for handling fair share fees upon the filing of an objection by an employee.  Failure to abide by these procedures violates Section 14(a)(1) and (b)(1) of the Act.  The nature of this unfair labor practice requires that special procedures be adopted for its efficient resolution.

b)         The procedures set forth in this Part do not preclude the filing of unfair labor practice charges pursuant to 80 Ill. Adm. Code 1120 alleging violations of Section 11 of the Act resulting from fees in excess of the dues uniformly required of members or fees for contributions related to the election or support of any candidate for political office  (Section 11 of the Act).

(Source:  Amended at 28 Ill. Reg. 7984, effective May 28, 2004)