Full Text of HB4919 102nd General Assembly
HB4919eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Section 11 as follows:
| 6 | | (5 ILCS 315/11) (from Ch. 48, par. 1611)
| 7 | | Sec. 11. Unfair labor practice procedures. Unfair labor | 8 | | practices may
be dealt with by the Board in the following | 9 | | manner:
| 10 | | (a) Whenever it is charged that any person has engaged in | 11 | | or is engaging
in any unfair labor practice, the Board or any | 12 | | agent designated by the Board
for such purposes, shall conduct | 13 | | an investigation of the charge. If after
such investigation | 14 | | the Board finds that the charge involves a dispositive
issue | 15 | | of law or fact the Board shall issue a complaint and cause to | 16 | | be
served upon the person a complaint stating the charges, | 17 | | accompanied by a
notice of hearing before the Board or a member | 18 | | thereof designated by the
Board, or before a qualified hearing | 19 | | officer designated by the Board at the
offices of the Board or | 20 | | such other location as the Board deems appropriate,
not less | 21 | | than 5 days after serving of such complaint provided that no
| 22 | | complaint shall issue based upon any unfair labor practice | 23 | | occurring more
than six months prior to the filing of a charge |
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| 1 | | with the Board and
the service of a copy thereof upon the | 2 | | person against whom the charge is
made, unless the person | 3 | | aggrieved thereby did not reasonably have knowledge
of the | 4 | | alleged unfair labor practice or was prevented from filing | 5 | | such a
charge by reason of service in the armed forces, in | 6 | | which event the six
month period shall be computed from the | 7 | | date of his discharge. Any such
complaint may be amended by the | 8 | | member or hearing officer conducting the
hearing for the Board | 9 | | in his discretion at any time prior to the issuance
of an order | 10 | | based thereon. The person who is the subject of the complaint
| 11 | | has the right to file an answer to the original or amended | 12 | | complaint and
to appear in person or by a representative and | 13 | | give testimony at the place
and time fixed in the complaint. In | 14 | | the discretion of the member or hearing
officer conducting the | 15 | | hearing or the Board, any other person may be allowed
to | 16 | | intervene in the proceeding and to present testimony. In any | 17 | | hearing
conducted by the Board, neither the Board nor the | 18 | | member or agent conducting
the hearing shall be bound by the | 19 | | rules of evidence applicable to courts,
except as to the rules | 20 | | of privilege recognized by law.
| 21 | | (b) The Board shall have the power to issue subpoenas and | 22 | | administer oaths.
If any party wilfully fails or neglects to | 23 | | appear or testify or to produce
books, papers and records | 24 | | pursuant to the issuance of a subpoena by the
Board, the Board | 25 | | may apply to a court of competent jurisdiction to request
that | 26 | | such party be ordered to appear before the Board to testify or |
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| 1 | | produce
the requested evidence.
| 2 | | (c) Any testimony taken by the Board, or a member | 3 | | designated by the Board
or a hearing officer thereof, must be | 4 | | reduced to writing and filed with the
Board. A full and | 5 | | complete record shall be kept of all proceedings before
the | 6 | | Board, and all proceedings shall be transcribed by a reporter | 7 | | appointed
by the Board. The party on whom the burden of proof | 8 | | rests shall be required
to sustain such burden by a | 9 | | preponderance of the evidence. If, upon a
preponderance of the | 10 | | evidence taken, the Board is of the opinion that any
person | 11 | | named in the charge has engaged in or is engaging in an unfair | 12 | | labor
practice, then it shall state its findings of fact and | 13 | | shall issue and
cause to be served upon the person an order | 14 | | requiring him to cease and
desist from the unfair labor | 15 | | practice, and to take such affirmative action,
including | 16 | | reinstatement of public employees with or without back pay, as
| 17 | | will effectuate the policies of this Act. If the Board finds | 18 | | that there has been a violation of paragraph (4) of subsection | 19 | | (a) of Section 10, then upon request of the charging party, the | 20 | | parties shall be required to participate in the impasse | 21 | | arbitration procedures set forth in Section 14, except that: | 22 | | (i) the right to strike shall not be considered waived | 23 | | pursuant to Section 17 until the actual convening of the | 24 | | arbitration hearing and; (ii) the commencement of a new fiscal | 25 | | year shall not be deemed to impair the jurisdiction or | 26 | | authority of the arbitration panel or its decision. If the |
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| 1 | | Board awards back pay, it
shall also award interest at the rate | 2 | | of 7% per annum. The Board's order
may further require the | 3 | | person to make reports from time to time,
and demonstrate the | 4 | | extent to which he has complied with the order. If
there is no | 5 | | preponderance of evidence to indicate to the Board that the
| 6 | | person named in the charge has engaged in or is engaging in the | 7 | | unfair labor
practice, then the Board shall state its findings | 8 | | of fact and shall issue
an order dismissing the complaint.
The | 9 | | Board's order may in its discretion also include an | 10 | | appropriate
sanction, based on the Board's rules and | 11 | | regulations, and the sanction may
include an order to pay the | 12 | | other party or parties' reasonable expenses
including costs | 13 | | and reasonable attorney's fee, if the other party has made
| 14 | | allegations or denials without reasonable cause and found to | 15 | | be untrue or
has engaged in frivolous litigation for the | 16 | | purpose of delay or needless
increase in the cost of | 17 | | litigation; the State of Illinois or any agency
thereof shall | 18 | | be subject to the provisions of this sentence in the same
| 19 | | manner as any other party.
| 20 | | (d) Until the record in a case has been filed in court, the | 21 | | Board at any
time, upon reasonable notice and in such manner as | 22 | | it deems proper, may
modify or set aside, in whole or in part, | 23 | | any finding or order made or
issued by it.
| 24 | | (e) A charging party or any person aggrieved by a final | 25 | | order of the Board
granting or denying in whole or in part the | 26 | | relief sought may apply for
and obtain judicial review of an |
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| 1 | | order of the Board entered under this Act,
in accordance with | 2 | | the provisions of the Administrative Review Law, as now
or | 3 | | hereafter amended, except that such judicial review shall be | 4 | | afforded
directly in the appellate court for the district in | 5 | | which the aggrieved
party resides or transacts business, and | 6 | | provided, that such judicial
review shall not be available for | 7 | | the purpose of challenging a final order
issued by the Board | 8 | | pursuant to Section 9 of this Act for which judicial
review has | 9 | | been petitioned pursuant to subsection (i) of Section 9. Any
| 10 | | direct appeal to the Appellate Court shall be filed within 35 | 11 | | days from the
date that a copy of the decision sought to be | 12 | | reviewed was served upon the
party affected by the decision. | 13 | | The filing of such an appeal to the Appellate Court shall not | 14 | | automatically stay the enforcement of the Board's order. An | 15 | | aggrieved party may apply to the Appellate Court for a stay of | 16 | | the enforcement of the Board's order after the aggrieved party | 17 | | has followed the procedure prescribed by Supreme Court Rule | 18 | | 335. The
Board in proceedings under this
Section may obtain an | 19 | | order of the court for the enforcement of its order.
| 20 | | (f) Whenever it appears that any person has violated a | 21 | | final order of
the Board issued pursuant to this Section, the | 22 | | Board must commence an action
in the name of the People of the | 23 | | State of Illinois by petition, alleging
the violation, | 24 | | attaching a copy of the order of the Board, and praying for
the | 25 | | issuance of an order directing the person, his officers, | 26 | | agents, servants,
successors, and assigns to comply with the |
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| 1 | | order of the Board.
The Board shall be represented in this | 2 | | action by the Attorney General in
accordance with the Attorney | 3 | | General Act. The court may grant or refuse, in
whole or in | 4 | | part, the relief sought, provided that the court may stay an
| 5 | | order of the Board in accordance with the Administrative | 6 | | Review Law,
pending disposition of the proceedings. The court | 7 | | may punish a violation of
its order as in civil contempt.
| 8 | | (g) The proceedings provided in paragraph (f) of this | 9 | | Section shall be
commenced in the Appellate Court for the | 10 | | district where the unfair labor
practice which is the subject | 11 | | of the Board's order was committed, or where
a person required | 12 | | to cease and desist by such order resides or transacts | 13 | | business.
| 14 | | (h) The Board through the Attorney General, shall have | 15 | | power, upon issuance
of an unfair labor practice complaint | 16 | | alleging that a person has engaged
in or is engaging in an | 17 | | unfair labor practice, to petition the circuit court
where the | 18 | | alleged unfair labor practice which is the subject of the | 19 | | Board's
complaint was allegedly committed, or where a person | 20 | | required to cease and
desist from such alleged unfair labor | 21 | | practice resides or transacts business,
for appropriate | 22 | | temporary relief or restraining order. Upon the filing of
any | 23 | | such petition, the court shall cause notice thereof to be | 24 | | served upon
such persons, and thereupon shall have | 25 | | jurisdiction to grant to the Board
such temporary relief or | 26 | | restraining order as it deems just and proper.
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| 1 | | (i) If an unfair labor practice charge involves the | 2 | | interpretation or
application of a collective bargaining | 3 | | agreement and said agreement contains
a grievance procedure | 4 | | with binding arbitration as its terminal step, the
Board may | 5 | | defer the resolution of such dispute to the grievance and | 6 | | arbitration
procedure contained in said agreement.
| 7 | | (Source: P.A. 100-516, eff. 9-22-17.)
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