Section 1220.20  Filing of a Charge

a)         An unfair labor practice charge may be filed with the Board by an employer, a labor 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, telephone number and affiliation, if any, of the charging party;

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

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

4)         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 Act alleged to have been violated;

5)         a statement as to whether a grievance concerning the same, similar or related issue as the charge is pending; and

6)         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 charging party shall serve a copy of the charge upon the respondent. Service may be made personally, or by registered mail, certified mail, regular mail, or private delivery service.  With the permission of the person receiving the charge, service may be made by fax transmission, by email, or by any other agreed-upon method.  The Board shall serve a courtesy copy of the charge upon the respondent, but timely service of a copy of the charge within the meaning of Section 11(a) of the Act is the exclusive responsibility of the charging party and not of the Board.

d)         Unfair labor practice charges must be filed with the Board and served on the respondent no later than 6 months after the alleged unfair labor practice occurred.

e)         Before the Executive Director issues a complaint for hearing or dismissal, the charging party may amend its unfair labor practice charge.  Filing, service, and proof of service of an amended charge shall be made in accordance with 80 Ill. Adm. Code 1200.20.

f)         The charging party may withdraw an unfair labor practice charge.  If the charge is pending at the investigative or hearing stage, the charging party may write a letter to the Executive Director, requesting that the charge be withdrawn.  Upon receipt of the request, the Executive Director will grant or deny the request for withdrawal of the charge.  If the charge is pending before the Board, the charging party may write a letter to the General Counsel requesting the charge be withdrawn.  Upon receipt of the request, the General Counsel will grant or deny the request for withdrawal of the charge.

(Source:  Amended at 44 Ill. Reg. 17701, effective October 26, 2020)