State of Illinois
2017 and 2018


Introduced 1/24/2018, by Sen. John J. Cullerton


115 ILCS 5/15  from Ch. 48, par. 1715

    Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning unfair labor practice procedures.

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SB2345LRB100 17892 AXK 33076 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Educational Labor Relations Act is
5amended by changing Section 15 as follows:
6    (115 ILCS 5/15)  (from Ch. 48, par. 1715)
7    Sec. 15. Unfair labor practice procedure. A charge of
8unfair labor practice may be filed with the the Board by an
9employer, an individual or a labor organization. If the Board
10after investigation finds that the charge states an issue of
11law or fact, it shall issue and cause to be served upon the
12party complained of a complaint which fully states the charges
13and thereupon hold a hearing on the charges, giving at least 5
14days' notice to the parties. At hearing, the charging party may
15also present evidence in support of the charges and the party
16charged may file an answer to the charges, appear in person or
17by attorney, and present evidence in defense against the
19    The Board has the power to issue subpoenas and administer
20oaths. If any party wilfully fails or neglects to appear or
21testify or to produce books, papers and records pursuant to
22subpoena issued by the Board, the Board shall apply to the
23circuit court for an order to compel the attendance of the



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1party at the hearing to testify or produce requested documents.
2    If the Board finds that the party charged has committed an
3unfair labor practice, it shall make findings of fact and is
4empowered to issue an order requiring the party charged to stop
5the unfair practice, and may take additional affirmative
6action, including requiring the party to make reports from time
7to time showing the extent to which he or she has complied with
8the order. No order shall be issued upon an unfair practice
9occurring more than 6 months before the filing of the charge
10alleging the unfair labor practice. If the Board awards back
11pay, it shall also award interest at the rate of 7% per annum.
12If the Board finds that the party charged has not committed any
13unfair labor practice, findings of fact shall be made and an
14order issued dismissing the charges.
15    The Board may petition the circuit court of the county in
16which the unfair labor practice in question occurred or where
17the party charged with the unfair labor practice resides or
18transacts business to enforce an order and for other relief
19which may include, but is not limited to, injunctions. The
20Board's order may in its discretion also include an appropriate
21sanction, based on the Board's rules and regulations, and the
22sanction may include an order to pay the other party or
23parties' reasonable expenses including costs and reasonable
24attorney's fee, if the other party has made allegations or
25denials without reasonable cause and found to be untrue or has
26engaged in frivolous litigation for the purpose of delay or



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1needless increase in the cost of litigation; the State of
2Illinois or any agency thereof shall be subject to the
3provisions of this sentence in the same manner as any other
5(Source: P.A. 86-412; 87-736.)