5 ILCS 315/5

    (5 ILCS 315/5) (from Ch. 48, par. 1605)
    (Text of Section before amendment by P.A. 103-856)
    Sec. 5. Illinois Labor Relations Board; State Panel; Local Panel.

(a) There is created the Illinois Labor Relations Board.  The Board shall
be comprised of 2 panels, to be known as the State Panel and the Local Panel.

(a-5) The State Panel shall have jurisdiction over collective bargaining
matters between employee organizations and the State of Illinois, excluding the
General Assembly of the State of Illinois, between employee organizations and
units of local government and school districts with a population not in excess
of 2 million persons, and between employee organizations and the Regional
Transportation Authority.

The State Panel shall consist of 5 members appointed by the Governor, with
the advice and consent of the Senate.  The Governor shall appoint to the State
Panel only persons who have had a minimum of 5 years of experience directly
related to labor and employment relations in representing public employers,
private employers or labor organizations; or teaching labor or employment
relations; or administering executive orders or regulations applicable to labor
or employment relations.  At the time of his or her appointment, each member of
the State Panel shall be an Illinois resident.  The Governor shall designate
one member to serve as the Chairman of the State Panel and the Board.

Notwithstanding any other provision of this Section, the term of each
member of the State Panel who was appointed by the Governor and is in office
on June 30, 2003 shall terminate at the close of business on that date or when
all of the successor members to be appointed pursuant to this amendatory Act
of the 93rd General Assembly have been appointed by the Governor, whichever
occurs later.  As soon as possible, the Governor shall appoint persons to
fill the vacancies created by this amendatory Act.

The initial appointments under this amendatory Act of the 93rd
General Assembly shall be for terms as follows:  The Chairman shall initially
be appointed for a term ending on the 4th Monday in January, 2007;
2 members shall be initially appointed for terms ending on the 4th Monday in
January, 2006; one member shall be initially appointed for a term
ending on the 4th Monday in January, 2005; and one member shall be
initially appointed for a term ending on the 4th Monday in January, 2004.  Each
subsequent member shall be appointed for a term of 4 years, commencing on the
4th Monday in January.  Upon expiration of the term of office of any appointive
member, that member shall continue to serve until a successor shall be
appointed and qualified.  In case of a vacancy, a successor shall be appointed
to serve for the unexpired portion of the term.  If the Senate is not in
session at the time the initial appointments are made, the Governor
shall make temporary appointments in the same manner successors are appointed
to fill vacancies.  A temporary appointment shall remain in effect no longer
than 20 calendar days after the commencement of the next Senate session.

(b) The Local Panel shall have jurisdiction over collective bargaining
agreement matters between employee organizations and units of local government
with a population in excess of 2 million persons, but excluding the Regional
Transportation Authority.

The Local Panel shall consist of one person appointed by the Governor with
the advice and consent of the Senate (or, if no such person is appointed, the
Chairman of the State Panel) and two additional members, one appointed by the
Mayor of the City of Chicago and one appointed by the President of the Cook
County Board of Commissioners.  Appointees to the Local Panel must have had a
minimum of 5 years of experience directly related to labor and employment
relations in representing public employers, private employers or labor
organizations; or teaching labor or employment relations; or administering
executive orders or regulations applicable to labor or employment relations.
Each member of the Local Panel shall be an Illinois resident at the time of
his or her appointment.  The member appointed by the Governor (or, if no such
person is appointed, the Chairman of the State Panel) shall serve as the
Chairman of the Local Panel.

Notwithstanding any other provision of this Section, the term of the
member of the Local Panel who was appointed by the Governor and is in office
on June 30, 2003 shall terminate at the close of business on that date or when
his or her successor has been appointed by the Governor, whichever occurs
later.  As soon as possible, the Governor shall appoint a person to fill the
vacancy created by this amendatory Act.  The initial appointment under this
amendatory Act of the 93rd General Assembly shall be for a term ending on the
4th Monday in January, 2007.

The initial appointments under this amendatory Act of the 91st General
Assembly shall be for terms as follows:  The member appointed by the Governor
shall initially be appointed for a term ending on the 4th Monday in January,
2001; the member appointed by the President of the Cook County Board shall be
initially appointed for a term ending on the 4th Monday in January, 2003; and
the member appointed by the Mayor of the City of Chicago shall be initially
appointed for a term ending on the 4th Monday in January, 2004.  Each
subsequent member shall be appointed for a term of 4 years, commencing
on the 4th Monday in January.  Upon expiration of the term of office of any
appointive member, the member shall continue to serve until a successor shall
be appointed and qualified.  In the case of a vacancy, a successor shall be
appointed by the applicable appointive authority to serve for the unexpired
portion of the term.

(c) Three members of the State Panel shall at all times constitute
a quorum.  Two members of the Local Panel shall at all times constitute a
quorum.  A vacancy on a panel does not impair the right of the remaining
members to exercise all of the powers of that panel.  Each panel shall adopt an
official seal which shall be judicially noticed.  The salary of the Chairman of
the State Panel shall be $82,429 per year, or as set by the Compensation Review
Board, whichever is greater, and that of the other members of the State and
Local Panels shall be $74,188 per year, or as set by the Compensation Review
Board, whichever is greater.

(d) Each member shall devote his or her entire time to the duties of
the office, and shall hold no other office or position of profit, nor engage
in any other business, employment, or vocation.
No member shall hold any other public office or be employed as a labor
or management representative by the State or any political subdivision of
the State or of any department or agency thereof, or actively represent or act
on behalf of an employer or an employee organization or an employer in labor
relations matters.  Any member of the State Panel may be removed
from office by the Governor for inefficiency,
neglect of duty, misconduct or malfeasance in office, and for no other cause,
and only upon notice and hearing.  Any member of the Local Panel
may be removed from office by the applicable appointive authority for
inefficiency, neglect of duty, misconduct or malfeasance in office, and for no
other cause, and only upon notice and hearing.

(e) Each panel at the end of every State fiscal
year shall make a report in writing to the Governor and the General Assembly,
stating in detail the work it has done in hearing and deciding cases and
otherwise.

(f) In order to accomplish the objectives and carry out the duties
prescribed by this Act, a panel or its
authorized designees may hold elections to determine whether a labor
organization has majority status; investigate and attempt to resolve or settle
charges of unfair labor practices; hold hearings in order to carry out its
functions; develop and effectuate appropriate impasse resolution procedures for
purposes of resolving labor disputes; require the appearance of witnesses and
the production of evidence on any matter under inquiry; and administer oaths
and affirmations.  The panels shall sign and report in
full an opinion in every case which they decide.

(g) Each panel may appoint or employ an executive
director, attorneys, hearing officers, mediators, fact-finders, arbitrators,
and such other employees as it may deem necessary to perform
its functions.  The governing boards shall prescribe the duties
and qualifications of such persons appointed and, subject to the annual
appropriation, fix their compensation and provide for reimbursement of actual
and necessary expenses incurred in the performance of their duties. The Board shall employ a minimum of 16 attorneys and 6 investigators.

(h) Each panel shall exercise general supervision
over all attorneys which it employs and over the other persons employed to
provide necessary support services for such attorneys.  The panels shall have final authority in respect to complaints
brought pursuant to this Act.

(i) The following rules and regulations shall be adopted by the panels meeting in joint session: (1) procedural rules and
regulations which shall govern all Board proceedings; (2) procedures for
election of exclusive bargaining representatives pursuant to Section 9, except
for the determination of appropriate bargaining units; and (3) appointment
of counsel pursuant to subsection (k) of this Section.

(j) Rules and regulations may be adopted, amended or rescinded only
upon a vote of 5 of the members of the State and Local Panels meeting
in joint session.  The adoption,
amendment or rescission of rules and regulations shall be in conformity with
the requirements of the Illinois Administrative Procedure Act.

(k) The panels in joint session shall promulgate
rules and regulations providing for the appointment of attorneys or other Board
representatives to represent persons in unfair labor practice proceedings
before a panel.  The regulations governing appointment
shall require the applicant to demonstrate an inability to pay for or inability
to otherwise provide for adequate representation before a panel.  Such rules
must also provide: (1) that an attorney may not be
appointed in cases which, in the opinion of a panel, are clearly
without merit; (2) the stage of the unfair labor proceeding at which counsel
will be appointed; and (3) the circumstances under which a client will be
allowed to select counsel.

(1) The panels in joint session may promulgate
rules and regulations which allow parties in proceedings before a panel to be represented by counsel or any other representative
of the party's choice.

(m) The Chairman of the State Panel shall serve
as Chairman of a joint session of the panels.
Attendance of at least 2 members of the State Panel and at least one
member of the Local Panel, in addition to
the Chairman, shall constitute a quorum at a joint session.  The panels shall
meet in joint session at least annually.

(Source: P.A. 96-813, eff. 10-30-09.)

    (Text of Section after amendment by P.A. 103-856)
    Sec. 5. Illinois Labor Relations Board; State Panel; Local Panel.

(a) There is created the Illinois Labor Relations Board. The Board shall be comprised of 2 panels, to be known as the State Panel and the Local Panel.

(a-5) The State Panel shall have jurisdiction over collective bargaining matters between employee organizations and the State of Illinois, excluding the General Assembly of the State of Illinois, between employee organizations and units of local government and school districts with a population not in excess of 2 million persons, and between employee organizations and the Regional Transportation Authority.

The State Panel shall consist of 5 members appointed by the Governor, with the advice and consent of the Senate. The Governor shall appoint to the State Panel only persons who have had a minimum of 5 years of experience directly related to labor and employment relations in representing public employers, private employers or labor organizations; or teaching labor or employment relations; or administering executive orders or regulations applicable to labor or employment relations. At the time of his or her appointment, each member of the State Panel shall be an Illinois resident. The Governor shall designate one member to serve as the Chairman of the State Panel and the Board.

Notwithstanding any other provision of this Section, the term of each member of the State Panel who was appointed by the Governor and is in office on June 30, 2003 shall terminate at the close of business on that date or when all of the successor members to be appointed pursuant to this amendatory Act of the 93rd General Assembly have been appointed by the Governor, whichever occurs later. As soon as possible, the Governor shall appoint persons to fill the vacancies created by this amendatory Act.

The initial appointments under this amendatory Act of the 93rd General Assembly shall be for terms as follows: The Chairman shall initially be appointed for a term ending on the 4th Monday in January, 2007; 2 members shall be initially appointed for terms ending on the 4th Monday in January, 2006; one member shall be initially appointed for a term ending on the 4th Monday in January, 2005; and one member shall be initially appointed for a term ending on the 4th Monday in January, 2004. Each subsequent member shall be appointed for a term of 4 years, commencing on the 4th Monday in January. Upon expiration of the term of office of any appointive member, that member shall continue to serve until a successor shall be appointed and qualified. In case of a vacancy, a successor shall be appointed to serve for the unexpired portion of the term. If the Senate is not in session at the time the initial appointments are made, the Governor shall make temporary appointments in the same manner successors are appointed to fill vacancies. A temporary appointment shall remain in effect no longer than 20 calendar days after the commencement of the next Senate session.

(b) The Local Panel shall have jurisdiction over collective bargaining agreement matters between employee organizations and units of local government with a population in excess of 2 million persons, but excluding the Regional Transportation Authority.

The Local Panel shall consist of one person appointed by the Governor with the advice and consent of the Senate (or, if no such person is appointed, the Chairman of the State Panel) and two additional members, one appointed by the Mayor of the City of Chicago and one appointed by the President of the Cook County Board of Commissioners. Appointees to the Local Panel must have had a minimum of 5 years of experience directly related to labor and employment relations in representing public employers, private employers or labor organizations; or teaching labor or employment relations; or administering executive orders or regulations applicable to labor or employment relations. Each member of the Local Panel shall be an Illinois resident at the time of his or her appointment. The member appointed by the Governor (or, if no such person is appointed, the Chairman of the State Panel) shall serve as the Chairman of the Local Panel.

Notwithstanding any other provision of this Section, the term of the member of the Local Panel who was appointed by the Governor and is in office on June 30, 2003 shall terminate at the close of business on that date or when his or her successor has been appointed by the Governor, whichever occurs later. As soon as possible, the Governor shall appoint a person to fill the vacancy created by this amendatory Act. The initial appointment under this amendatory Act of the 93rd General Assembly shall be for a term ending on the 4th Monday in January, 2007.

The initial appointments under this amendatory Act of the 91st General Assembly shall be for terms as follows: The member appointed by the Governor shall initially be appointed for a term ending on the 4th Monday in January, 2001; the member appointed by the President of the Cook County Board shall be initially appointed for a term ending on the 4th Monday in January, 2003; and the member appointed by the Mayor of the City of Chicago shall be initially appointed for a term ending on the 4th Monday in January, 2004. Each subsequent member shall be appointed for a term of 4 years, commencing on the 4th Monday in January. Upon expiration of the term of office of any appointive member, the member shall continue to serve until a successor shall be appointed and qualified. In the case of a vacancy, a successor shall be appointed by the applicable appointive authority to serve for the unexpired portion of the term.

(c) Three members of the State Panel shall at all times constitute a quorum. Two members of the Local Panel shall at all times constitute a quorum. A vacancy on a panel does not impair the right of the remaining members to exercise all of the powers of that panel. Each panel shall adopt an official seal which shall be judicially noticed. The salary of the Chairman of the State Panel shall be $82,429 per year, or as set by the Compensation Review Board, whichever is greater, and that of the other members of the State and Local Panels shall be $74,188 per year, or as set by the Compensation Review Board, whichever is greater.

(d) Each member shall devote his or her entire time to the duties of the office, and shall hold no other office or position of profit, nor engage in any other business, employment, or vocation. No member shall hold any other public office or be employed as a labor or management representative by the State or any political subdivision of the State or of any department or agency thereof, or actively represent or act on behalf of an employer or an employee organization or an employer in labor relations matters. Any member of the State Panel may be removed from office by the Governor for inefficiency, neglect of duty, misconduct or malfeasance in office, and for no other cause, and only upon notice and hearing. Any member of the Local Panel may be removed from office by the applicable appointive authority for inefficiency, neglect of duty, misconduct or malfeasance in office, and for no other cause, and only upon notice and hearing.

(e) Each panel at the end of every State fiscal year shall make a report in writing to the Governor and the General Assembly, stating in detail the work it has done to carry out the policy of the Act in hearing and deciding cases and otherwise. Each panel's report shall include:

(1) the number of unfair labor practice charges filed