SB0134 95TH GENERAL ASSEMBLY

LRB095 06719 RLC 26832 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0134

Introduced 1/31/2007, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Labor Relations Act. Applies to employers who employ 10 or more employees other than: employees who are subject to the National Labor Relations Act or the Railway Labor Act; employees who are managerial employees, confidential employees, or supervisors; and employees of employers to whom the Act does not apply or to anyone licensed under the Real Estate License Act of 2000 (and provides that the Act does not apply to State officers and agencies, units of local government, school districts, and other public entities, or any entities that are specifically excluded under the Illinois Public Labor Relations Act). Provides that the State Panel of the Illinois Labor Relations Board shall administer and enforce the Act. Prohibits specified unfair labor practices. Provides that an employer and the exclusive representative of a unit of employees to whom the Act applies have the duty to bargain collectively. Provides for: dues deduction and fair share fees; unfair labor practice procedures; elections to determine exclusive representatives; disputes; enforcement (including administrative actions and actions in the circuit court and appellate court); rulemaking; enforcement of contracts; and other matters.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Labor Relations Act.

Section 5. Policy. It is the public policy of the State of Illinois to grant all employees full freedom of association, self-organization, and designation of employee representatives of their own choosing for the purposes of negotiating wages, hours, and other conditions of employment or other mutual aid or protection.

It is the purpose of this Act to prescribe the legitimate rights of both employees and employers, including the designation of employee representatives and negotiation of wages, hours, and other terms and conditions of employment.

It is the purpose of this Act to prescribe the legitimate rights of both employees and employers, to protect the public health and safety of the citizens of Illinois, and to provide peaceful and orderly procedures for protection of the rights of all.

Section 10. Definitions. As used in this Act, unless the context otherwise requires:

(a) "Board" means the State Panel of the Illinois Labor Relations Board as defined in Section 5 of the Illinois Public Labor Relations Act.

(b) "Collective bargaining" means bargaining over terms and conditions of employment, including wages, hours and other conditions of employment.

(c) "Confidential employee" means an employee who, in the regular course of his or her duties, assists and acts in a confidential capacity to persons who formulate, determine, and effectuate management policies with regard to labor relations or who, in the regular course of his or her duties, has authorized access to information relating to the effectuation or review of the employer's collective bargaining policies.

(d) "Craft employees" means skilled journeymen, crafts persons, and their apprentices and helpers.

(e) "Employee" means any individual employed by an employer, and shall not be limited to the employees of a particular employer, unless this Act explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice. "Employee" does not include any individual who is employed by any person who does not meet the definition of "employer" as defined in this Act and does not include any individual who is subject to the protections of the National Labor Relations Act (29 U.S.C. 151 et seq.) or the Railway Labor Act (45 U.S.C. 151 et seq.). "Employee" also does not include managerial employees, confidential employees, or supervisors as defined in this Act or anyone licensed under the Real Estate License Act of 2000.

(f) "Employer" means any individual, partnership, association, corporation, business, trust, person, or entity for whom 10 or more employees are gainfully employed in Illinois. "Employer" includes any person acting on behalf of or in the interest of an employer, directly or indirectly, with or without his or her knowledge, but does not include the State of Illinois, any political subdivision of the State, any State officer or State department or agency, any unit of local government, any school district, any authorities, including departments, divisions, bureaus, boards, commissions, or other agencies of the foregoing entities, or any entity that is specifically excluded under the Illinois Public Labor Relations Act.

(g) "Exclusive representative" means the labor organization that has been designated by the Board as the representative of a majority of employees in an appropriate bargaining unit in accordance with the procedures contained in this Act or a historical representative. For the purposes of this Act, "historical representative" means a labor organization which, on the effective date of this Act, is a party to a collective bargaining agreement with an employer under the jurisdiction of this Act, or is engaged in collective bargaining over the terms of a successor collective bargaining agreement with an employer under the jurisdiction of this Act.

(h) "Fair share agreement" means an agreement between the employer and a labor organization under which all or any of the employees in a collective bargaining unit are required to pay their proportionate share of the costs of the collective bargaining process, contract administration, and pursuit of matters affecting wages, hours, and other conditions of employment, but not to exceed the amount of dues uniformly required of members. Fair share payments do not include any fees for contributions related to the election or support of any candidate for political office. Nothing in this subsection (h) shall preclude an employee from making voluntary political contributions in conjunction with his or her fair share payment.

(i) "Labor organization" means any organization in which employees participate and that exists for the purpose, in whole or in part, of dealing with an employer concerning wages, hours, and other terms and conditions of employment, including the settlement of grievances.

(j) "Managerial employee" means an individual who is engaged predominantly in executive and management functions and is charged with the responsibility of directing the effectuation of management policies and practices.

(k) "Person" includes one or more individuals, labor organizations (other than when acting as an employer), employees, associations, corporations, partnerships, legal representatives, trustees, trustees in bankruptcy, and receivers.

(l) "Professional employee" means any employee engaged in work predominantly intellectual and varied in character rather than routine mental, manual, mechanical, or physical work; involving the consistent exercise of discretion and adjustment in its performance; of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from apprenticeship or from training in the performance of routine mental, manual, or physical processes; or any employee who has completed the courses of specialized intellectual instruction and study prescribed in this subsection (l) and is performing related work under the supervision of a professional person to qualify to become a professional employee as defined in this subsection (l).

(m) "Supervisor" means an employee whose principal work is substantially different from that of his or her subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment. "Supervisor" includes only those individuals who devote a preponderance of their employment time to exercising that authority.

(n) "Unit" means a class of jobs or positions that are held by employees whose collective interests may suitably be represented by a labor organization for collective bargaining. A bargaining unit shall not include both employees and supervisors. Notwithstanding the exclusion of supervisors from bargaining units containing non-supervisory employees, an employer may agree to permit its supervisory employees to form bargaining units and may bargain with those units.

Section 15. Illinois Labor Relations Board State Panel. The composition and duties of the Illinois Labor Relations Board State Panel shall be as described in Section 5 of the Illinois Public Labor Relations Act.

Section 20. Rights of employees. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in paragraph (a)(2) of Section 25.

Section 25. Unfair labor practices.

(a) It shall be an unfair labor practice for an employer or his or her agents:

(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in this Act or to dominate or interfere with the formation, existence, or administration of any labor organization or contribute financial or other support to it; provided, an employer is not prohibited from permitting employees to confer with him or her during working hours without loss of time or pay;

(2) to discriminate in regard to hire or tenure of employment or any term or condition of employment in order to encourage or discourage membership in or other support for any labor organization, provided, nothing in this Act or any other law precludes an employer from making an agreement with an exclusive representative consistent with Section 35;

(3) to discharge or otherwise discriminate against an employee because he or she has signed or filed an affidavit, petition, or charge or has provided any information or testimony under this Act;

(4) to refuse to bargain collectively in good faith with a labor organization which is the exclusive representative of employees in an appropriate unit, including, but not limited to, the discussing of grievances with the exclusive representative;

(5) to violate any of the rules established by the Board relating to the conduct of representation elections or the conduct affecting the representation elections; or

(6) to refuse to reduce a collective bargaining agreement to writing or to refuse to sign such agreement.

(b) It shall be an unfair labor practice for a labor organization or its agents:

(1) to restrain or coerce employees in the exercise of the rights guaranteed in this Act, provided:

(A) that this paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein or the determination of dues or fair share payments; and

(B) that a labor organization or its agents shall commit an unfair labor practice under this paragraph in duty of fair representation cases only by intentional misconduct in representing employees under this Act;

(2) to restrain or coerce an employer in the selection of his or her representatives for the purposes of collective bargaining or the settlement of grievances;

(3) to cause, or attempt to cause, an employer to discriminate against an employee in violation of paragraph (a)(2);

(4) to refuse to bargain collectively in good faith with an employer, if it has been designated in accordance with this Act as the exclusive representative of employees in an appropriate unit;

(5) to violate any of the rules established by the Board relating to the conduct of representation elections or the conduct affecting the representation elections;

(6) to discriminate against any employee because he or she has signed or filed an affidavit, petition, or charge or provided any information or testimony under this Act;

(7) to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer if an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization of the representative of its employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective bargaining representative, unless such labor organization is currently certified as the representative of such employees:

(A) if the employer has lawfully recognized in accordance with this Act any labor organization and a question concerning representation may not appropriately be raised under Section 50;

(B) if within the preceding 12 months a valid election under Section 50 has been conducted; or

(C) if such picketing has been conducted without a petition under Section 50 being filed within a reasonable period of time not to exceed 30 days from the commencement of such picketing; provided that when such a petition has been filed the Board shall forthwith, without regard to subsection (a) of Section 50 or the absence of a showing of a substantial interest on the part of the labor organization, direct an election in such unit as the Board finds to be appropriate and shall certify the results thereof; provided further, that nothing in this subparagraph shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public that an employer does not employ members of, or have a contract with, a labor organization unless an effect of such picketing is to induce any individual employed by any other person, in the course of his or her employment, not to pick up, deliver, or transport any goods or not to perform any services; or

(8) to refuse to reduce a collective bargaining agreement to writing or to refuse to sign such agreement.

(c) The expressing of any views, argument, or opinion or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this Act, if such expression contains no threat of reprisal or force or promise of benefit.

Section 30. Duty to bargain. An employer and the exclusive representative have the authority and the duty to bargain collectively as set forth in this Section.

For the purposes of this Act, "to bargain collectively" means the performance of the mutual obligation of the employer or his or her designated representative and the exclusive representative to meet at reasonable times and to negotiate in good faith with respect to wages, hours, and other conditions of employment. It also includes the negotiation of an agreement, the discussion of any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party. This obligation does not compel either party to agree to a proposal or require the making of a concession.

The duty "to bargain collectively" also includes negotiations as to the terms of a collective bargaining agreement. The parties may, by mutual agreement, provide for arbitration of impasses resulting from their inability to agree upon wages, hours, and terms and conditions of employment to be included in a collective bargaining agreement. Such arbitration provisions shall be subject to the Uniform Arbitration Act unless otherwise agreed by the parties.

The duty "to bargain collectively" also means that no party to a collective bargaining contract shall terminate or modify that contract, unless the party desiring such termination or modification:

(1) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days before the expiration date thereof, or if the contract contains no expiration date, 60 days before the time it is proposed to make such termination or modification;

(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

(3) notifies the Board within 30 days after such notice of the existence of a dispute, provided no agreement has been reached by that time; and

(4) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given to the other party or until the expiration date of such contract, whichever occurs later.

The duties imposed upon employers, employees, and labor organizations by paragraphs (2), (3), and (4) shall become inapplicable upon an intervening certification of the Board, under which the labor organization, which is a party to the contract, has been superseded as or ceased to be the exclusive representative of the employees pursuant to subsection (a) of Section 50, and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the contract.

Section 35. Dues deduction and fair share fees.

(a) Dues deduction. The exclusive representative may negotiate provisions in a collective bargaining agreement providing for the payroll deduction of labor organization dues, initiation fees, and assessments. Such payments shall be paid to the exclusive representative.

(b) Fair share fees.

(1) When a collective bargaining agreement is entered into by an employer and an exclusive representative, the agreement may include a provision to require as a condition of employment that employees covered by the collective bargaining agreement who are not members of the exclusive representative's organization pay their proportionate share of the costs of the collective bargaining process, organizing, contract administration, and pursuit of matters affecting wages, hours, and conditions of employment. The nonmember employees' share of the costs shall not exceed the amount of dues uniformly required of members. The exclusive representative shall certify to the employer the amount to be deducted and the employer shall deduct such amount from the earnings of the nonmember employees and remit such amounts to the labor organization.

(2) Agreements containing a fair share agreement must safeguard the right of nonmember employees based upon bona fide religious tenets or teachings of a church or religious body of which such employees are members. Such employees may be required to pay an amount equal to their fair share, determined under a lawful fair share agreement, to a nonreligious charitable organization mutually agreed upon by the employees affected and the exclusive bargaining representative to which such employees would otherwise pay such service fee. If the affected employees and the bargaining representative are unable to reach an agreement on the matter, the Board may establish an approved list of charitable organizations to which such payments may be made.

(c) If a collective bargaining agreement is terminated, or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement, the employer shall continue to honor and abide by any dues deduction or fair share clause contained therein until a new agreement is reached including dues deduction or a fair share clause. For the benefit of any successor exclusive representative certified under this Act, this provision shall be applicable, provided the successor exclusive representative:

(i) certifies to the employer the amount to be deducted under subsection (b); or

(ii) presents the employer with employee written authorizations for the deduction of dues, assessments, and fees under this subsection.

Failure to so honor and abide by dues deduction or fair share clauses for the benefit of any exclusive representative, including a successor, shall be a violation of the duty to bargain and an unfair labor practice.

Section 40. Unfair labor practice procedures. Unfair labor practices may be dealt with by the Board in the following manner:

(a) If it is charged that any person has engaged in or is engaging in any unfair labor practice, the Board or any agent designated by the Board for such purposes shall conduct an investigation of the charge. If, after such investigation, the Board finds that the charge involves a dispositive issue of law or fact, the Board shall issue a complaint and cause to be served upon the person a complaint stating the charges, accompanied by a notice of hearing. The notice of hearing shall indicate that a hearing is to take place before the Board, or a member thereof designated by the Board, or before a qualified hearing officer designated by the Board at the offices of the Board or such other location as the Board deems appropriate, on a date not less than 5 days after service of such complaint. No complaint shall issue based upon any unfair labor practice occurring more than 6 months before the filing of a charge with the Board and the service of a copy thereof upon the person against whom the charge is made, unless the person aggrieved thereby did not reasonably have knowledge of the alleged unfair labor practice or was prevented from filing such a charge by reason of service in the armed forces, in which event the 6 month period shall be computed from the date of his or her discharge. Any such complaint may be amended by the member or hearing officer conducting the hearing for the Board in his or her discretion at any time before the issuance of an order based thereon. The person who is the subject of the complaint has the right to file an answer to the original or amended complaint and to appear in person or by a representative and give testimony at the place and time fixed in the complaint. In the discretion of the member or hearing officer conducting the hearing, or in the discretion of the Board, any other person may be allowed to intervene in the proceeding and to present testimony. In any hearing conducted by the Board, neither the Board nor the member or agent conducting the hearing shall be bound by the rules of evidence applicable to courts, except as to the rules of privilege recognized by law.

(b) The Board shall have the power to issue subpoenas and administer oaths. If any party willfully fails or neglects to appear or testify or to produce books, papers, and records pursuant to the issuance of a subpoena by the Board, the Board may apply to a court of competent jurisdiction to request that such party be ordered to appear before the Board to testify or produce the requested evidence.

(c) Any testimony taken by the Board, or a member designated by the Board or a hearing officer thereof, must be reduced to writing and filed with the Board. A full and complete record shall be kept of all proceedings before the Board, and all proceedings shall be transcribed by a reporter appointed by the Board. The party on whom the burden of proof rests shall be required to sustain such burden by a preponderance of the evidence. If, upon a preponderance of the evidence taken, the Board is of the opinion that any person named in the charge has engaged in or is engaging in an unfair labor practice, then it shall state its findings of fact and shall issue and cause to be served upon the person an order requiring him or her to cease and desist from the unfair labor practice, and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this Act. If the Board awards back pay, it shall also award interest at the rate of 7% per year. If the Board finds that a party has demonstrated a pattern of committing unfair labor practices or if the Board finds that a party has demonstrated an egregious disregard for the rights of employees under this Act, the Board may, in its discretion, issue an order barring the party from receiving public contracts or State tax incentives for a period of up to 3 years. Upon issuing such an order, the Board shall notify the Office of the Governor in writing of the issuance of its order. The Board's order may further require the person to make reports from time to time, and to demonstrate the extent to which he or she has complied with the order. If there is no preponderance of evidence to indicate to the Board that the person named in the charge has engaged in or is engaging in the unfair labor practice, then the Board shall state its findings of fact and shall issue an order dismissing the complaint. The Board's order may in its discretion also include an appropriate sanction, based on the Board's rules, and the sanction may include an order to pay the other party or parties' reasonable expenses including costs and reasonable attorney's fees, if the other party has made allegations or denials without reasonable cause and found to be untrue or has engaged in frivolous litigation for the purpose of delay or needless increase in the cost of litigation.

(d) Until the record in a case has been filed in court, the Board at any time, upon reasonable notice and in such manner as it deems proper, may modify or set aside, in whole or in part, any finding or order made or issued by it.

(e) A charging party or any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may apply for and obtain judicial review of an order of the Board entered under this Act, in accordance with the Administrative Review Law, except that such judicial review shall be afforded directly in the appellate court for the district in which the aggrieved party resides or transacts business, and provided, that such judicial review shall not be available for the purpose of challenging a final order issued by the Board pursuant to Section 50 for which judicial review has been petitioned pursuant to subsection (g) of Section 50. Any direct appeal to the appellate court shall be filed within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision. The Board in proceedings under this Section may obtain an order of the court for the enforcement of its order.

(f) If it appears that any person has violated a final order of the Board issued pursuant to this Section, the Board must commence an action in the name of the People of the State of Illinois by petition, alleging the violation, attaching a copy of the order of the Board, and praying for the issuance of an order directing the person and his or her officers, agents, servants, successors, and assigns to comply with the order of the Board. The Board shall be represented in this action by the Attorney General in accordance with the Attorney General Act. The court may grant or refuse, in whole or in part, the relief sought, provided that the court may stay an order of the Board in accordance with the Administrative Review Law, pending disposition of the proceedings. The court may punish a violation of its order as in civil contempt.

(g) The proceedings provided in paragraph (f) of this Section shall be commenced in the appellate court for the district where the unfair labor practice which is the subject of the Board's order was committed, or where a person required to cease and desist by such order resides or transacts business.

(h) The Board, through the Attorney General, shall have power, upon issuance of an unfair labor practice complaint alleging that a person has engaged in or is engaging in an unfair labor practice, to petition the circuit court where the alleged unfair labor practice which is the subject of the Board's complaint was allegedly committed, or where a person required to cease and desist from such alleged unfair labor practice resides or transacts business, for appropriate temporary relief or a restraining order. Upon the filing of any such petition, the court shall cause notice thereof to be served upon such persons, and thereupon shall have jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper.

(i) If an unfair labor practice charge involves the interpretation or application of a collective bargaining agreement and that agreement contains a grievance procedure with binding arbitration as its terminal step, the Board may defer the resolution of such dispute to the grievance and arbitration procedure contained in that agreement.

Section 45. Grievance procedure. The collective bargaining agreement negotiated between the employer and the exclusive representative shall contain a grievance resolution procedure which shall apply to all employees in the bargaining unit and shall provide for final and binding arbitration of disputes concerning the administration or interpretation of the agreement unless mutually agreed otherwise. Any agreement containing a final and binding arbitration provision shall also contain a provision prohibiting strikes for the duration of the agreement. The grievance and arbitration provisions of any collective bargaining agreement shall be subject to the Uniform Arbitration Act. The costs of such arbitration shall be borne equally by the employer and the exclusive representative.

Section 50. Elections; recognition; designation of exclusive representative.

(a) In accordance with such rules as the Board may prescribe, the Board shall designate a labor organization as the exclusive representative of employees through the processes outlined in this Section.

(1) The Board may conduct an election to determine the exclusive representative of employees if:

(A) an employee or group of employees or any labor organization acting in their behalf files a petition demonstrating that 30% of the employees in an appropriate unit wish to be represented for the purposes of collective bargaining by a labor organization as exclusive representative, or asserting that the labor organization which has been certified or is currently recognized by the employer as the bargaining representative is no longer the representative of the majority of the employees in the unit; or

(B) an employer files a petition alleging that one or more labor organizations have presented to it a claim that they be recognized as the representative of a majority of the employees in an appropriate unit.

The Board shall investigate such petitions, and if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing upon due notice. Such hearing shall be held at the offices of the Board or such other location as the Board deems appropriate. If it finds upon the record of the hearing that a question of representation exists, it shall direct an election, which shall be held not later than 120 days after the date the petition was filed; provided, however, the Board may extend the time for holding an election by an additional 60 days if, upon motion by a person who has filed a petition under this Section or is the subject of a petition filed under this Section and is a party to such hearing, or upon the Board's own motion, the Board finds that good cause has been shown for extending the election date; provided further, that nothing in this Section shall prohibit the Board, in its discretion, from extending the time for holding an election for so long as may be necessary under the circumstances, if the purpose for such extension is to permit resolution by the Board of an unfair labor practice charge filed by one of the parties to a representational proceeding against the other based upon conduct which may either affect the existence of a question concerning representation or have a tendency to interfere with a fair and free election, if the party filing the charge has not filed a request to proceed with the election; and provided further that before the expiration of the total time allotted for holding an election, a person who has filed a petition under this Section or is the subject of a petition filed under this Section and is a party to such hearing or the Board, may move for and obtain the entry of an order in the circuit court of the county in which the majority of the employees sought to be represented by such person reside, such order extending the date upon which the election shall be held. Such order shall be issued by the circuit court only upon a judicial finding that there has been a sufficient showing that there is good cause to extend the election date beyond such period and shall require the Board to hold the election as soon as is feasible given the totality of the circumstances. Such 120-day period may be extended one or more times by the agreement of all parties to the hearing to a date certain without the necessity of obtaining a court order. Nothing in this Section prohibits the waiving of hearings by stipulation for the purpose of a consent election in conformity with the rules of the Board or an election in a unit agreed upon by the parties. Other interested employee organizations may intervene in the proceedings in the manner and within the time period specified by rules of the Board. Interested parties who are necessary to the proceedings may also intervene in the proceedings in the manner and within the time period specified by the rules of the Board.

(2) The Board shall designate an exclusive representative for purposes of collective bargaining when the representative demonstrates a showing of majority interest by employees in the unit. If the parties to a dispute are without agreement on the means to ascertain the choice, if any, of employee organization as their representative, the Board shall ascertain the employees' choice of employee organization on the basis of dues deduction authorization and other evidence, or, if necessary, by conducting an election. The Board shall protect the confidentiality of the employees signing dues deduction authorizations and other evidence evidencing support for a labor organization. If either party provides to the Board, before the designation of an exclusive representative, clear and convincing evidence that the dues deduction authorizations, and other evidence upon which the Board would otherwise rely to ascertain the employees' choice of representative, are fraudulent or were obtained through coercion, the Board shall promptly thereafter conduct an election. The Board shall also investigate and consider a party's allegations that the dues deduction authorizations and other evidence submitted in support of a designation of representative without an election were subsequently changed, altered, withdrawn, or withheld as a result of employer fraud or coercion or any other unfair labor practice by the employer. If the Board determines that a labor organization would have had a majority interest but for an employer's fraud, coercion, or unfair labor practice, it shall designate the labor organization as an exclusive representative without conducting an election.

(3) An employer may voluntarily recognize a labor organization as the exclusive representative of the employer's employees. Any labor organization which is designated or selected by the majority of employees, in a unit of the employer having no other recognized or certified representative, as their representative for purposes of collective bargaining may request recognition by the employer in writing. The employer shall post such request for a period of at least 20 days following its receipt thereof on bulletin boards or other places used or reserved for employee notices. Within the 20-day period any other interested employee organization may petition the Board in the manner specified by rules of the Board, provided that such interested employee organization has been designated by at least 10% of the employees in an appropriate bargaining unit which includes all or some of the employees in the unit recognized by the employer. In such event, the Board shall proceed with the petition in the same manner as provided by paragraph (1) of this subsection (a).

(b) The Board shall decide in each case, in order to assure employees the fullest freedom in exercising the rights guaranteed by this Act, a unit appropriate for the purpose of collective bargaining, based upon 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; common supervision, wages, hours, and other working conditions of the employees involved; and the desires of the employees. In cases involving an historical pattern of recognition, and in cases in which the employer has recognized the labor organization as the sole and exclusive bargaining agent for a specified existing unit, the Board shall find the employees in the unit then represented by the labor organization pursuant to the recognition to be the appropriate unit.

Notwithstanding the above factors, if the majority of employees of a craft so decide, the Board shall designate such craft as a unit appropriate for the purposes of collective bargaining.

The Board shall not decide that any unit is appropriate if such unit includes both professional and nonprofessional employees, unless a majority of each group votes for inclusion in such unit.

(c) Nothing in this Act shall interfere with or negate the current representation rights or patterns and practices of labor organizations which have historically represented employees for the purpose of collective bargaining, including but not limited to the negotiations of wages, hours, and working conditions, discussions of employees' grievances, resolution of jurisdictional disputes, or the establishment and maintenance of prevailing wage rates, unless a majority of employees so represented express a contrary desire pursuant to the procedures set forth in this Act.

(d) Within 7 days after the Board issues its bargaining unit determination and direction of election or the execution of a stipulation for the purpose of a consent election, the employer shall submit to the labor organization the complete names and addresses of those employees who are determined by the Board to be eligible to participate in the election. If the Board has determined that a labor organization has been fairly and freely chosen by a majority of employees in an appropriate unit, it shall certify such organization as the exclusive representative. If the Board determines that a majority of employees in an appropriate unit has fairly and freely chosen not to be represented by a labor organization, it shall so certify. The Board may also revoke the certification of the labor organization as exclusive bargaining representatives which have been found by a secret ballot election to be no longer the majority representative.

(e) The Board shall not conduct an election in any bargaining unit or any subdivision thereof within which a valid election has been held in the preceding 12-month period. The Board shall determine who is eligible to vote in an election and shall establish rules governing the conduct of the election or conduct affecting the results of the election. The Board shall include on a ballot in a representation election a choice of "no representation". A labor organization currently representing the bargaining unit of employees shall be placed on the ballot in any representation election. In any election where none of the choices on the ballot receives a majority, a runoff election shall be conducted between the 2 choices receiving the largest number of valid votes cast in the election. A labor organization which receives a majority of the votes cast in an election shall be certified by the Board as exclusive representative of all employees in the unit.

(f) No election shall be directed by the Board in any bargaining unit if there is in force a valid collective bargaining agreement. The Board, however, may process an election petition filed between 90 and 60 days before the expiration of the date of an agreement, and may further refine, by rule or decision, the implementation of this provision. If 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 before the end of each successive year of such agreement.

(g) An order of the Board dismissing a representation petition, determining and certifying that a labor organization has been fairly and freely chosen by a majority of employees in an appropriate bargaining unit, or determining and certifying that a labor organization has not been fairly and freely chosen by a majority of employees in the bargaining unit constitutes a final order. Any person aggrieved by any such order issued on or after the effective date of this Act may apply for and obtain judicial review in accordance with the Administrative Review Law, except that such review shall be afforded directly in the appellate court for the district in which the aggrieved party resides or transacts business. Any direct appeal to the appellate court shall be filed within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.

Section 55. Right to strike.

(a) Nothing in this Act shall be construed to either interfere with or impede or diminish in any way the right to strike, except as otherwise provided in this Act, or to affect the limitations or qualifications on that right. An employee who exercises such right may not be disciplined, replaced, or otherwise have his or her wages, hours, or terms and conditions of employment adversely affected.

(b) Nothing in this Act shall be construed to require an individual employee to render labor or service without his or her consent, nor shall anything in this Act be construed to make the quitting of his or her labor by an individual employee an illegal act, nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his or her consent. The quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee or employees shall not be deemed a strike under this Act.

Section 60. Enforcement.

(a) The State Panel of the Illinois Labor Relations Board shall have exclusive jurisdiction over enforcement of this Act. It shall further have the authority to make and revise administrative rules, including emergency rules, as it deems appropriate to carry out the purposes of this Act. For the purpose of developing administrative rules, should this Act or any substantive amendment to this Act be effective immediately, the immediate effective date shall create an "emergency" within the meaning of Section 5-45 of the Illinois Administrative Procedure Act.

(b) Suits for violation of contracts between an employer and exclusive representative or between an employer and labor organization may be brought in the circuit court. Any labor organization may sue or be sued as an entity and in behalf of the employees whom it represents. Any money judgment against a labor organization shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or his or her assets.