Illinois General Assembly - Full Text of HB5324
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Full Text of HB5324  103rd General Assembly

HB5324enr 103RD GENERAL ASSEMBLY

 


 
HB5324 EnrolledLRB103 38896 MXP 69033 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 5 and 11 as follows:
 
6    (5 ILCS 315/5)  (from Ch. 48, par. 1605)
7    Sec. 5. Illinois Labor Relations Board; State Panel; Local
8Panel.
9    (a) There is created the Illinois Labor Relations Board.
10The Board shall be comprised of 2 panels, to be known as the
11State Panel and the Local Panel.
12    (a-5) The State Panel shall have jurisdiction over
13collective bargaining matters between employee organizations
14and the State of Illinois, excluding the General Assembly of
15the State of Illinois, between employee organizations and
16units of local government and school districts with a
17population not in excess of 2 million persons, and between
18employee organizations and the Regional Transportation
19Authority.
20    The State Panel shall consist of 5 members appointed by
21the Governor, with the advice and consent of the Senate. The
22Governor shall appoint to the State Panel only persons who
23have had a minimum of 5 years of experience directly related to

 

 

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1labor and employment relations in representing public
2employers, private employers or labor organizations; or
3teaching labor or employment relations; or administering
4executive orders or regulations applicable to labor or
5employment relations. At the time of his or her appointment,
6each member of the State Panel shall be an Illinois resident.
7The Governor shall designate one member to serve as the
8Chairman of the State Panel and the Board.
9    Notwithstanding any other provision of this Section, the
10term of each member of the State Panel who was appointed by the
11Governor and is in office on June 30, 2003 shall terminate at
12the close of business on that date or when all of the successor
13members to be appointed pursuant to this amendatory Act of the
1493rd General Assembly have been appointed by the Governor,
15whichever occurs later. As soon as possible, the Governor
16shall appoint persons to fill the vacancies created by this
17amendatory Act.
18    The initial appointments under this amendatory Act of the
1993rd General Assembly shall be for terms as follows: The
20Chairman shall initially be appointed for a term ending on the
214th Monday in January, 2007; 2 members shall be initially
22appointed for terms ending on the 4th Monday in January, 2006;
23one member shall be initially appointed for a term ending on
24the 4th Monday in January, 2005; and one member shall be
25initially appointed for a term ending on the 4th Monday in
26January, 2004. Each subsequent member shall be appointed for a

 

 

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1term of 4 years, commencing on the 4th Monday in January. Upon
2expiration of the term of office of any appointive member,
3that member shall continue to serve until a successor shall be
4appointed and qualified. In case of a vacancy, a successor
5shall be appointed to serve for the unexpired portion of the
6term. If the Senate is not in session at the time the initial
7appointments are made, the Governor shall make temporary
8appointments in the same manner successors are appointed to
9fill vacancies. A temporary appointment shall remain in effect
10no longer than 20 calendar days after the commencement of the
11next Senate session.
12    (b) The Local Panel shall have jurisdiction over
13collective bargaining agreement matters between employee
14organizations and units of local government with a population
15in excess of 2 million persons, but excluding the Regional
16Transportation Authority.
17    The Local Panel shall consist of one person appointed by
18the Governor with the advice and consent of the Senate (or, if
19no such person is appointed, the Chairman of the State Panel)
20and two additional members, one appointed by the Mayor of the
21City of Chicago and one appointed by the President of the Cook
22County Board of Commissioners. Appointees to the Local Panel
23must have had a minimum of 5 years of experience directly
24related to labor and employment relations in representing
25public employers, private employers or labor organizations; or
26teaching labor or employment relations; or administering

 

 

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1executive orders or regulations applicable to labor or
2employment relations. Each member of the Local Panel shall be
3an Illinois resident at the time of his or her appointment. The
4member appointed by the Governor (or, if no such person is
5appointed, the Chairman of the State Panel) shall serve as the
6Chairman of the Local Panel.
7    Notwithstanding any other provision of this Section, the
8term of the member of the Local Panel who was appointed by the
9Governor and is in office on June 30, 2003 shall terminate at
10the close of business on that date or when his or her successor
11has been appointed by the Governor, whichever occurs later. As
12soon as possible, the Governor shall appoint a person to fill
13the vacancy created by this amendatory Act. The initial
14appointment under this amendatory Act of the 93rd General
15Assembly shall be for a term ending on the 4th Monday in
16January, 2007.
17    The initial appointments under this amendatory Act of the
1891st General Assembly shall be for terms as follows: The
19member appointed by the Governor shall initially be appointed
20for a term ending on the 4th Monday in January, 2001; the
21member appointed by the President of the Cook County Board
22shall be initially appointed for a term ending on the 4th
23Monday in January, 2003; and the member appointed by the Mayor
24of the City of Chicago shall be initially appointed for a term
25ending on the 4th Monday in January, 2004. Each subsequent
26member shall be appointed for a term of 4 years, commencing on

 

 

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1the 4th Monday in January. Upon expiration of the term of
2office of any appointive member, the member shall continue to
3serve until a successor shall be appointed and qualified. In
4the case of a vacancy, a successor shall be appointed by the
5applicable appointive authority to serve for the unexpired
6portion of the term.
7    (c) Three members of the State Panel shall at all times
8constitute a quorum. Two members of the Local Panel shall at
9all times constitute a quorum. A vacancy on a panel does not
10impair the right of the remaining members to exercise all of
11the powers of that panel. Each panel shall adopt an official
12seal which shall be judicially noticed. The salary of the
13Chairman of the State Panel shall be $82,429 per year, or as
14set by the Compensation Review Board, whichever is greater,
15and that of the other members of the State and Local Panels
16shall be $74,188 per year, or as set by the Compensation Review
17Board, whichever is greater.
18    (d) Each member shall devote his or her entire time to the
19duties of the office, and shall hold no other office or
20position of profit, nor engage in any other business,
21employment, or vocation. No member shall hold any other public
22office or be employed as a labor or management representative
23by the State or any political subdivision of the State or of
24any department or agency thereof, or actively represent or act
25on behalf of an employer or an employee organization or an
26employer in labor relations matters. Any member of the State

 

 

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1Panel may be removed from office by the Governor for
2inefficiency, neglect of duty, misconduct or malfeasance in
3office, and for no other cause, and only upon notice and
4hearing. Any member of the Local Panel may be removed from
5office by the applicable appointive authority for
6inefficiency, neglect of duty, misconduct or malfeasance in
7office, and for no other cause, and only upon notice and
8hearing.
9    (e) Each panel at the end of every State fiscal year shall
10make a report in writing to the Governor and the General
11Assembly, stating in detail the work it has done to carry out
12the policy of the Act in hearing and deciding cases and
13otherwise. Each panel's report shall include:
14        (1) the number of unfair labor practice charges filed
15    during the fiscal year;
16        (2) the number of unfair labor practice charges
17    resolved during the fiscal year;
18        (3) the total number of unfair labor charges pending
19    before the Board at the end of the fiscal year;
20        (4) the number of unfair labor charge cases at the end
21    of the fiscal year that have been pending before the Board
22    between 1 and 100 days, 101 and 150 days, 151 and 200 days,
23    201 and 250 days, 251 and 300 days, 301 and 350 days, 351
24    and 400 days, 401 and 450 days, 451 and 500 days, 501 and
25    550 days, 551 and 600 days, 601 and 650 days, 651 and 700
26    days, and over 701 days;

 

 

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1        (5) the number of representation cases and unit
2    clarification cases filed during the fiscal year;
3        (6) the number of representation cases and unit
4    clarification cases resolved during the fiscal year;
5        (7) the total number of representation cases and unit
6    clarification cases pending before the Board at the end of
7    the fiscal year;
8        (8) the number of representation cases and unit
9    clarification cases at the end of the fiscal year that
10    have been pending before the Board between 1 and 120 days,
11    121 and 180 days, and over 180 days; and
12        (9) the Board's progress in meeting the timeliness
13    goals established pursuant to the criteria in subsection
14    (j) of Section 11 of this Act; the report shall include,
15    but is not limited to:
16            (A) the average number of days taken to complete
17        investigations and issue complaints, dismissals, or
18        deferrals;
19            (B) the average number of days taken for the Board
20        to issue decisions on appeals of dismissals or
21        deferrals;
22            (C) the average number of days taken to schedule a
23        hearing on complaints once issued;
24            (D) the average number of days taken to issue a
25        recommended decision and order once the record is
26        closed;

 

 

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1            (E) the average number of days taken for the Board
2        to issue final decisions on recommended decisions
3        where exceptions have been filed;
4            (F) the average number of days taken for the Board
5        to issue final decision on recommended decisions when
6        no exceptions have been filed; and
7            (G) in cases where the Board was unable to meet the
8        timeliness goals established in subsection (j) of
9        Section 11, an explanation as to why the goal was not
10        met.
11    (f) In order to accomplish the objectives and carry out
12the duties prescribed by this Act, a panel or its authorized
13designees may hold elections to determine whether a labor
14organization has majority status; investigate and attempt to
15resolve or settle charges of unfair labor practices; hold
16hearings in order to carry out its functions; develop and
17effectuate appropriate impasse resolution procedures for
18purposes of resolving labor disputes; require the appearance
19of witnesses and the production of evidence on any matter
20under inquiry; and administer oaths and affirmations. The
21panels shall sign and report in full an opinion in every case
22which they decide.
23    (g) Each panel may appoint or employ an executive
24director, attorneys, hearing officers, mediators,
25fact-finders, arbitrators, and such other employees as it may
26deem necessary to perform its functions. The governing boards

 

 

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1shall prescribe the duties and qualifications of such persons
2appointed and, subject to the annual appropriation, fix their
3compensation and provide for reimbursement of actual and
4necessary expenses incurred in the performance of their
5duties. The Board shall employ a minimum of 16 attorneys and 6
6investigators.
7    (h) Each panel shall exercise general supervision over all
8attorneys which it employs and over the other persons employed
9to provide necessary support services for such attorneys. The
10panels shall have final authority in respect to complaints
11brought pursuant to this Act.
12    (i) The following rules and regulations shall be adopted
13by the panels meeting in joint session: (1) procedural rules
14and regulations which shall govern all Board proceedings; (2)
15procedures for election of exclusive bargaining
16representatives pursuant to Section 9, except for the
17determination of appropriate bargaining units; and (3)
18appointment of counsel pursuant to subsection (k) of this
19Section.
20    (j) Rules and regulations may be adopted, amended or
21rescinded only upon a vote of 5 of the members of the State and
22Local Panels meeting in joint session. The adoption, amendment
23or rescission of rules and regulations shall be in conformity
24with the requirements of the Illinois Administrative Procedure
25Act.
26    (k) The panels in joint session shall promulgate rules and

 

 

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1regulations providing for the appointment of attorneys or
2other Board representatives to represent persons in unfair
3labor practice proceedings before a panel. The regulations
4governing appointment shall require the applicant to
5demonstrate an inability to pay for or inability to otherwise
6provide for adequate representation before a panel. Such rules
7must also provide: (1) that an attorney may not be appointed in
8cases which, in the opinion of a panel, are clearly without
9merit; (2) the stage of the unfair labor proceeding at which
10counsel will be appointed; and (3) the circumstances under
11which a client will be allowed to select counsel.
12    (1) The panels in joint session may promulgate rules and
13regulations which allow parties in proceedings before a panel
14to be represented by counsel or any other representative of
15the party's choice.
16    (m) The Chairman of the State Panel shall serve as
17Chairman of a joint session of the panels. Attendance of at
18least 2 members of the State Panel and at least one member of
19the Local Panel, in addition to the Chairman, shall constitute
20a quorum at a joint session. The panels shall meet in joint
21session at least annually.
22(Source: P.A. 96-813, eff. 10-30-09.)
 
23    (5 ILCS 315/11)  (from Ch. 48, par. 1611)
24    Sec. 11. Unfair labor practice procedures. Unfair labor
25practices may be dealt with by the Board in the following

 

 

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1manner:
2    (a) Whenever it is charged that any person has engaged in
3or is engaging in any unfair labor practice, the Board or any
4agent designated by the Board for such purposes, shall conduct
5an investigation of the charge. If after such investigation
6the Board finds that the charge involves a dispositive issue
7of law or fact the Board shall issue a complaint and cause to
8be served upon the person a complaint stating the charges,
9accompanied by a notice of hearing before the Board or a member
10thereof designated by the Board, or before a qualified hearing
11officer designated by the Board at the offices of the Board or
12such other location as the Board deems appropriate, not less
13than 5 days after serving of such complaint provided that no
14complaint shall issue based upon any unfair labor practice
15occurring more than six months prior to the filing of a charge
16with the Board and the service of a copy thereof upon the
17person against whom the charge is made, unless the person
18aggrieved thereby did not reasonably have knowledge of the
19alleged unfair labor practice or was prevented from filing
20such a charge by reason of service in the armed forces, in
21which event the six month period shall be computed from the
22date of his discharge. Any such complaint may be amended by the
23member or hearing officer conducting the hearing for the Board
24in his discretion at any time prior to the issuance of an order
25based thereon. The person who is the subject of the complaint
26has the right to file an answer to the original or amended

 

 

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1complaint and to appear in person or by a representative and
2give testimony at the place and time fixed in the complaint. In
3the discretion of the member or hearing officer conducting the
4hearing or the Board, any other person may be allowed to
5intervene in the proceeding and to present testimony. In any
6hearing conducted by the Board, neither the Board nor the
7member or agent conducting the hearing shall be bound by the
8rules of evidence applicable to courts, except as to the rules
9of privilege recognized by law.
10    (b) The Board shall have the power to issue subpoenas and
11administer oaths. If any party wilfully fails or neglects to
12appear or testify or to produce books, papers and records
13pursuant to the issuance of a subpoena by the Board, the Board
14may apply to a court of competent jurisdiction to request that
15such party be ordered to appear before the Board to testify or
16produce the requested evidence.
17    (c) Any testimony taken by the Board, or a member
18designated by the Board or a hearing officer thereof, must be
19reduced to writing and filed with the Board. A full and
20complete record shall be kept of all proceedings before the
21Board, and all proceedings shall be transcribed by a reporter
22appointed by the Board. The party on whom the burden of proof
23rests shall be required to sustain such burden by a
24preponderance of the evidence. If, upon a preponderance of the
25evidence taken, the Board is of the opinion that any person
26named in the charge has engaged in or is engaging in an unfair

 

 

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1labor practice, then it shall state its findings of fact and
2shall issue and cause to be served upon the person an order
3requiring him to cease and desist from the unfair labor
4practice, and to take such affirmative action, including
5reinstatement of public employees with or without back pay, as
6will effectuate the policies of this Act. If the Board awards
7back pay, it shall also award interest at the rate of 7% per
8annum. The Board's order may further require the person to
9make reports from time to time, and demonstrate the extent to
10which he has complied with the order. If there is no
11preponderance of evidence to indicate to the Board that the
12person named in the charge has engaged in or is engaging in the
13unfair labor practice, then the Board shall state its findings
14of fact and shall issue an order dismissing the complaint. The
15Board's order may in its discretion also include an
16appropriate sanction, based on the Board's rules and
17regulations, and the sanction may include an order to pay the
18other party or parties' reasonable expenses including costs
19and reasonable attorney's fee, if the other party has made
20allegations or denials without reasonable cause and found to
21be untrue or has engaged in frivolous litigation for the
22purpose of delay or needless increase in the cost of
23litigation; the State of Illinois or any agency thereof shall
24be subject to the provisions of this sentence in the same
25manner as any other party.
26    (d) Until the record in a case has been filed in court, the

 

 

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1Board at any time, upon reasonable notice and in such manner as
2it deems proper, may modify or set aside, in whole or in part,
3any finding or order made or issued by it.
4    (e) A charging party or any person aggrieved by a final
5order of the Board granting or denying in whole or in part the
6relief sought may apply for and obtain judicial review of an
7order of the Board entered under this Act, in accordance with
8the provisions of the Administrative Review Law, as now or
9hereafter amended, except that such judicial review shall be
10afforded directly in the appellate court for the district in
11which the aggrieved party resides or transacts business, and
12provided, that such judicial review shall not be available for
13the purpose of challenging a final order issued by the Board
14pursuant to Section 9 of this Act for which judicial review has
15been petitioned pursuant to subsection (i) of Section 9. Any
16direct appeal to the Appellate Court shall be filed within 35
17days from the date that a copy of the decision sought to be
18reviewed was served upon the party affected by the decision.
19The filing of such an appeal to the Appellate Court shall not
20automatically stay the enforcement of the Board's order. An
21aggrieved party may apply to the Appellate Court for a stay of
22the enforcement of the Board's order after the aggrieved party
23has followed the procedure prescribed by Supreme Court Rule
24335. The Board in proceedings under this Section may obtain an
25order of the court for the enforcement of its order.
26    (f) Whenever it appears that any person has violated a

 

 

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1final order of the Board issued pursuant to this Section, the
2Board must commence an action in the name of the People of the
3State of Illinois by petition, alleging the violation,
4attaching a copy of the order of the Board, and praying for the
5issuance of an order directing the person, his officers,
6agents, servants, successors, and assigns to comply with the
7order of the Board. The Board shall be represented in this
8action by the Attorney General in accordance with the Attorney
9General Act. The court may grant or refuse, in whole or in
10part, the relief sought, provided that the court may stay an
11order of the Board in accordance with the Administrative
12Review Law, pending disposition of the proceedings. The court
13may punish a violation of its order as in civil contempt.
14    (g) The proceedings provided in paragraph (f) of this
15Section shall be commenced in the Appellate Court for the
16district where the unfair labor practice which is the subject
17of the Board's order was committed, or where a person required
18to cease and desist by such order resides or transacts
19business.
20    (h) The Board through the Attorney General, shall have
21power, upon issuance of an unfair labor practice complaint
22alleging that a person has engaged in or is engaging in an
23unfair labor practice, to petition the circuit court where the
24alleged unfair labor practice which is the subject of the
25Board's complaint was allegedly committed, or where a person
26required to cease and desist from such alleged unfair labor

 

 

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1practice resides or transacts business, for appropriate
2temporary relief or restraining order. Upon the filing of any
3such petition, the court shall cause notice thereof to be
4served upon such persons, and thereupon shall have
5jurisdiction to grant to the Board such temporary relief or
6restraining order as it deems just and proper.
7    (i) If an unfair labor practice charge involves the
8interpretation or application of a collective bargaining
9agreement and said agreement contains a grievance procedure
10with binding arbitration as its terminal step, the Board may
11defer the resolution of such dispute to the grievance and
12arbitration procedure contained in said agreement.
13    (j) To effectuate this Act's policy, the Board shall adopt
14goals (i) to ensure effective enforcement of this Act through
15timely and quality consideration and resolution of unfair
16labor practices with appropriate remedies and (ii) to protect
17employee free choice with timely and effective mechanisms to
18resolve questions concerning representation. To measure and
19report on its success in achieving these goals, the Board
20shall also adopt the following timeliness goals for the
21processing of unfair labor practice charges filed under
22Section 10:
23        (1) Complete the investigation and issue a complaint,
24    dismissal, or deferral within 100 days of the charges
25    being filed. If the dismissal or deferral is appealed to
26    the Board, issue Board decisions within 90 days of the

 

 

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1    completion of the Board's process for filing appeals.
2        (2) Upon the issuance of complaints for hearing: (i)
3    schedule hearings to begin within 60 days of a complaint's
4    issuance; (ii) issue recommended decisions and orders
5    within 120 days of the close of the record; and (iii) if
6    exceptions to recommended decisions and orders are filed,
7    issue Board decisions within 90 days of the completion of
8    the Board's process for filing exceptions.
9(Source: P.A. 100-516, eff. 9-22-17.)
 
10    Section 10. The Illinois Educational Labor Relations Act
11is amended by changing Sections 5 and 15 as follows:
 
12    (115 ILCS 5/5)  (from Ch. 48, par. 1705)
13    Sec. 5. Illinois Educational Labor Relations Board.
14    (a) There is hereby created the Illinois Educational Labor
15Relations Board.
16    (a-5) Until July 1, 2003 or when all of the new members to
17be initially appointed under this amendatory Act of the 93rd
18General Assembly have been appointed by the Governor,
19whichever occurs later, the Illinois Educational Labor
20Relations Board shall consist of 7 members, no more than 4 of
21whom may be of the same political party, who are residents of
22Illinois appointed by the Governor with the advice and consent
23of the Senate.
24    The term of each appointed member of the Board who is in

 

 

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1office on June 30, 2003 shall terminate at the close of
2business on that date or when all of the new members to be
3initially appointed under this amendatory Act of the 93rd
4General Assembly have been appointed by the Governor,
5whichever occurs later.
6    (b) Beginning on July 1, 2003 or when all of the new
7members to be initially appointed under this amendatory Act of
8the 93rd General Assembly have been appointed by the Governor,
9whichever occurs later, the Illinois Educational Labor
10Relations Board shall consist of 5 members appointed by the
11Governor with the advice and consent of the Senate. No more
12than 3 members may be of the same political party.
13    The Governor shall appoint to the Board only persons who
14are residents of Illinois and have had a minimum of 5 years of
15experience directly related to labor and employment relations
16in representing educational employers or educational employees
17in collective bargaining matters. One appointed member shall
18be designated at the time of his or her appointment to serve as
19chairman.
20    Of the initial members appointed pursuant to this
21amendatory Act of the 93rd General Assembly, 2 shall be
22designated at the time of appointment to serve a term of 6
23years, 2 shall be designated at the time of appointment to
24serve a term of 4 years, and the other shall be designated at
25the time of his or her appointment to serve a term of 4 years,
26with each to serve until his or her successor is appointed and

 

 

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1qualified.
2     Each subsequent member shall be appointed in like manner
3for a term of 6 years and until his or her successor is
4appointed and qualified. Each member of the Board is eligible
5for reappointment. Vacancies shall be filled in the same
6manner as original appointments for the balance of the
7unexpired term.
8    (c) The chairman shall be paid $50,000 per year, or an
9amount set by the Compensation Review Board, whichever is
10greater. Other members of the Board shall each be paid $45,000
11per year, or an amount set by the Compensation Review Board,
12whichever is greater. They shall be entitled to reimbursement
13for necessary traveling and other official expenditures
14necessitated by their official duties.
15    Each member shall devote his entire time to the duties of
16the office, and shall hold no other office or position of
17profit, nor engage in any other business, employment or
18vocation.
19    (d) Three members of the Board constitute a quorum and a
20vacancy on the Board does not impair the right of the remaining
21members to exercise all of the powers of the Board.
22    (e) Any member of the Board may be removed by the Governor,
23upon notice, for neglect of duty or malfeasance in office, but
24for no other cause.
25    (f) The Board may appoint or employ an executive director,
26attorneys, hearing officers, and such other employees as it

 

 

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1deems necessary to perform its functions, except that the
2Board shall employ a minimum of 8 attorneys and 5
3investigators. The Board shall prescribe the duties and
4qualifications of such persons appointed and, subject to the
5annual appropriation, fix their compensation and provide for
6reimbursement of actual and necessary expenses incurred in the
7performance of their duties.
8    (g) The Board may promulgate rules and regulations which
9allow parties in proceedings before the Board to be
10represented by counsel or any other person knowledgeable in
11the matters under consideration.
12    (h) To accomplish the objectives and to carry out the
13duties prescribed by this Act, the Board may subpoena
14witnesses, subpoena the production of books, papers, records
15and documents which may be needed as evidence on any matter
16under inquiry and may administer oaths and affirmations.
17    In cases of neglect or refusal to obey a subpoena issued to
18any person, the circuit court in the county in which the
19investigation or the public hearing is taking place, upon
20application by the Board, may issue an order requiring such
21person to appear before the Board or any member or agent of the
22Board to produce evidence or give testimony. A failure to obey
23such order may be punished by the court as in civil contempt.
24    Any subpoena, notice of hearing, or other process or
25notice of the Board issued under the provisions of this Act may
26be served by one of the methods permitted in the Board's rules.

 

 

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1    (i) The Board shall adopt, promulgate, amend, or rescind
2rules and regulations in accordance with the Illinois
3Administrative Procedure Act as it deems necessary and
4feasible to carry out this Act.
5    (j) The Board at the end of every State fiscal year shall
6make a report in writing to the Governor and the General
7Assembly, stating in detail the work it has done to carry out
8the policy of the Act in hearing and deciding cases and
9otherwise. The Board's report shall include:
10        (1) the number of unfair labor practice charges filed
11    during the fiscal year;
12        (2) the number of unfair labor practice charges
13    resolved during the fiscal year;
14        (3) the total number of unfair labor charges pending
15    before the Board at the end of the fiscal year;
16        (4) the number of unfair labor charge cases at the end
17    of the fiscal year that have been pending before the Board
18    between 1 and 100 days, 101 and 150 days, 151 and 200 days,
19    201 and 250 days, 251 and 300 days, 301 and 350 days, 351
20    and 400 days, 401 and 450 days, 451 and 500 days, 501 and
21    550 days, 551 and 600 days, 601 and 650 days, 651 and 700
22    days, and over 701 days;
23        (5) the number of representation cases and unit
24    clarification cases filed during the fiscal year;
25        (6) the number of representation cases and unit
26    clarification cases resolved during the fiscal year;

 

 

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1        (7) the total number of representation cases and unit
2    clarification cases pending before the Board at the end of
3    the fiscal year;
4        (8) the number of representation cases and unit
5    clarification cases at the end of the fiscal year that
6    have been pending before the Board between 1 and 120 days,
7    121 and 180 days, and over 180 days; and
8        (9) the Board's progress in meeting the timeliness
9    goals established pursuant to the criteria in Section 15
10    of this Act; the report shall include, but is not limited
11    to:
12            (A) the average number of days taken to complete
13        investigations and issue complaints, dismissals or
14        deferrals;
15            (B) the average number of days taken for the Board
16        to issue decisions on appeals of dismissals or
17        deferrals;
18            (C) the average number of days taken to schedule a
19        hearing on complaints once issued;
20            (D) the average number of days taken to issue a
21        recommended decision and order once the record is
22        closed;
23            (E) the average number of days taken for the Board
24        to issue final decisions on recommended decisions
25        where exceptions have been filed;
26            (F) the average number of days taken for the Board

 

 

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1        to issue final decision on recommended decisions when
2        no exceptions have been filed; and
3            (G) in cases where the Board was unable to meet the
4        timeliness goals established in Section 15, an
5        explanation as to why the goal was not met.
6(Source: P.A. 102-797, eff. 1-1-23.)
 
7    (115 ILCS 5/15)  (from Ch. 48, par. 1715)
8    Sec. 15. Unfair labor practice procedure. A charge of
9unfair labor practice may be filed with the Board by an
10employer, an individual or a labor organization. If the Board
11after investigation finds that the charge states an issue of
12law or fact, it shall issue and cause to be served upon the
13party complained of a complaint which fully states the charges
14and thereupon hold a hearing on the charges, giving at least 5
15days' notice to the parties. At hearing, the charging party
16may also present evidence in support of the charges and the
17party charged may file an answer to the charges, appear in
18person or by attorney, and present evidence in defense against
19the charges.
20    The Board has the power to issue subpoenas and administer
21oaths. If any party wilfully fails or neglects to appear or
22testify or to produce books, papers and records pursuant to
23subpoena issued by the Board, the Board shall apply to the
24circuit court for an order to compel the attendance of the
25party at the hearing to testify or produce requested

 

 

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1documents.
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
5stop the unfair practice, and may take additional affirmative
6action, including requiring the party to make reports from
7time to time showing the extent to which he or she has complied
8with the order. No order shall be issued upon an unfair
9practice occurring more than 6 months before the filing of the
10charge alleging the unfair labor practice. If the Board awards
11back pay, it shall also award interest at the rate of 7% per
12annum. If the Board finds that the party charged has not
13committed any unfair labor practice, findings of fact shall be
14made and an order 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
21appropriate sanction, based on the Board's rules and
22regulations, and the sanction may include an order to pay the
23other party or parties' reasonable expenses including costs
24and reasonable attorney's fee, if the other party has made
25allegations or denials without reasonable cause and found to
26be untrue or has engaged in frivolous litigation for the

 

 

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1purpose of delay or needless increase in the cost of
2litigation; the State of Illinois or any agency thereof shall
3be subject to the provisions of this sentence in the same
4manner as any other party.
5    To effectuate this Act's policy, the Board shall adopt
6goals (i) to ensure effective enforcement of this Act through
7timely and quality consideration and resolution of unfair
8labor practices with appropriate remedies and (ii) to protect
9employee free choice with timely and effective mechanisms to
10resolve questions concerning representation. To measure and
11report on its success in achieving these goals, the Board
12shall also adopt the following timeliness goals for the
13processing of unfair labor practice charges filed under
14Section 14:
15        (1) Complete the investigation and issue a complaint,
16    dismissal, or deferral within 100 days of the charges
17    being filed. If the dismissal or deferral is appealed to
18    the Board, issue Board decisions within 90 days of the
19    completion of the Board's process for filing appeals.
20        (2) Upon the issuance of complaints for hearing: (i)
21    schedule hearings to begin within 60 days of a complaint's
22    issuance; (ii) issue recommended decisions and orders
23    within 120 days of the close of the record; and (iii) if
24    exceptions to recommended decisions and orders are filed,
25    issue Board decisions within 90 days of the completion of
26    the Board's process for filing exceptions.

 

 

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1(Source: P.A. 86-412; 87-736.)