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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Educational Labor Relations Act is | |||||||||||||||||||
5 | amended by changing Section 5 as follows:
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6 | (115 ILCS 5/5) (from Ch. 48, par. 1705)
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7 | Sec. 5. Illinois Educational Labor Relations Board.
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8 | (a) There is hereby created the
the Illinois Educational | |||||||||||||||||||
9 | Labor Relations
Board. | |||||||||||||||||||
10 | (a-5) Until July 1, 2003 or when all of the new members to | |||||||||||||||||||
11 | be initially
appointed under this amendatory Act of the 93rd | |||||||||||||||||||
12 | General Assembly have been
appointed by the Governor, | |||||||||||||||||||
13 | whichever occurs later, the Illinois Educational
Labor | |||||||||||||||||||
14 | Relations Board shall consist of 7 members, no more
than 4 of | |||||||||||||||||||
15 | whom may be of the same political party, who are residents of
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16 | Illinois appointed by the Governor with the advice and consent | |||||||||||||||||||
17 | of the Senate.
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18 | The term of each appointed member of the Board
who is in | |||||||||||||||||||
19 | office on June 30, 2003 shall terminate at the close of | |||||||||||||||||||
20 | business
on that date or when all of the new members to be | |||||||||||||||||||
21 | initially appointed under
this amendatory Act of the 93rd | |||||||||||||||||||
22 | General Assembly have been appointed by the
Governor, | |||||||||||||||||||
23 | whichever occurs later.
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1 | (b) Beginning on July 1, 2003 or when all of the new | ||||||
2 | members to be
initially appointed under this amendatory Act of | ||||||
3 | the 93rd General Assembly
have been appointed by the Governor, | ||||||
4 | whichever occurs later, the Illinois
Educational Labor | ||||||
5 | Relations Board shall consist of 5 members appointed by
the | ||||||
6 | Governor with the advice and consent of the Senate. No more | ||||||
7 | than 3
members may be of the same political party.
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8 | The Governor shall appoint to the Board only persons who | ||||||
9 | are residents of
Illinois and have had a minimum of 5 years of | ||||||
10 | experience directly related
to labor and employment relations | ||||||
11 | in representing educational employers or
educational employees | ||||||
12 | in collective bargaining matters. One appointed member
shall | ||||||
13 | be designated at the time of his or her appointment to serve as | ||||||
14 | chairman.
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15 | Of the initial members appointed pursuant to this
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16 | amendatory Act of the 93rd General Assembly, 2 shall be
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17 | designated at the time of appointment to serve a term of 6
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18 | years, 2 shall be designated at the time of appointment to | ||||||
19 | serve a term
of 4 years, and the other shall be designated at | ||||||
20 | the time of his or her
appointment to serve a term of 4 years, | ||||||
21 | with each to serve until his or her
successor is appointed and | ||||||
22 | qualified.
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23 | Each subsequent member shall be appointed in like manner | ||||||
24 | for a term
of 6 years and until his or her successor is | ||||||
25 | appointed and qualified. Each
member of the Board is eligible | ||||||
26 | for reappointment. Vacancies shall be filled
in the same |
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1 | manner as original appointments for the balance of the | ||||||
2 | unexpired
term.
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3 | (c) The chairman shall be paid $50,000 per year, or an | ||||||
4 | amount set by
the Compensation Review Board, whichever is | ||||||
5 | greater. Other members of
the Board shall each be paid $45,000 | ||||||
6 | per year, or an amount set by the
Compensation Review Board, | ||||||
7 | whichever is greater. They shall be entitled
to reimbursement | ||||||
8 | for necessary traveling and other official expenditures
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9 | necessitated by their official duties.
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10 | Each member shall devote his entire time to the duties of | ||||||
11 | the office,
and shall hold no other office or position of | ||||||
12 | profit, nor engage in any
other business, employment or | ||||||
13 | vocation.
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14 | (d) Three members of the Board constitute a quorum and a
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15 | vacancy on the Board does not impair the right of the remaining | ||||||
16 | members to
exercise all of the powers of the Board.
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17 | (e) Any member of the Board may be removed by the Governor, | ||||||
18 | upon notice,
for neglect of duty or malfeasance in office, but | ||||||
19 | for no other cause.
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20 | (f) The Board may appoint or employ an executive director, | ||||||
21 | attorneys,
hearing officers, and such other employees as it | ||||||
22 | deems necessary to perform
its functions, except that the | ||||||
23 | Board shall employ a minimum of 8 attorneys and 5 | ||||||
24 | investigators. The Board shall prescribe the duties and | ||||||
25 | qualifications of
such persons appointed and, subject to the | ||||||
26 | annual appropriation, fix their
compensation and provide for |
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1 | reimbursement of actual and necessary expenses
incurred in the | ||||||
2 | performance of their duties.
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3 | (g) The Board may promulgate rules and regulations which | ||||||
4 | allow parties
in proceedings before the Board to be | ||||||
5 | represented by counsel or any other
person knowledgeable in | ||||||
6 | the matters under consideration.
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7 | (h) To accomplish the objectives and to carry out the | ||||||
8 | duties prescribed
by this Act, the Board may subpoena | ||||||
9 | witnesses, subpoena the production of
books, papers, records | ||||||
10 | and documents which may be needed as evidence on
any matter | ||||||
11 | under inquiry and may administer oaths and affirmations.
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12 | In cases of neglect or refusal to obey a subpoena issued to | ||||||
13 | any person,
the circuit court in the county in which the | ||||||
14 | investigation or the public
hearing is taking place, upon | ||||||
15 | application by the Board, may issue an order
requiring such | ||||||
16 | person to appear before the Board or any member or agent
of the | ||||||
17 | Board to produce evidence or give testimony. A failure to obey | ||||||
18 | such
order may be punished by the court as in civil contempt.
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19 | Any subpoena, notice of hearing, or other process or | ||||||
20 | notice of the Board
issued under the provisions of this Act may | ||||||
21 | be served personally, by
registered mail or by leaving a copy | ||||||
22 | at the principal office of the respondent
required to be | ||||||
23 | served. A return, made and verified by the individual making
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24 | such service and setting forth the manner of such service, is | ||||||
25 | proof of
service.
A post office receipt, when registered mail | ||||||
26 | is used, is proof of service.
All process of any court to which |
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1 | application may be made under the provisions
of this Act may be | ||||||
2 | served in the county where the persons required to be
served | ||||||
3 | reside or may be found.
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4 | (i) The Board shall adopt, promulgate, amend, or rescind | ||||||
5 | rules and
regulations in accordance with the Illinois | ||||||
6 | Administrative
Procedure Act as it deems necessary and
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7 | feasible to carry out this Act.
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8 | (j) The Board at the end of every State fiscal year shall | ||||||
9 | make a report in
writing to the Governor and the General | ||||||
10 | Assembly, stating in detail the work
it has done in hearing and | ||||||
11 | deciding cases and otherwise.
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12 | (Source: P.A. 96-813, eff. 10-30-09.)
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