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[ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB1241eng SB1241 Engrossed LRB9201777NTpr 1 AN ACT in relation to education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Educational Labor Relations Act 5 is amended by changing Section 8 as follows: 6 (115 ILCS 5/8) (from Ch. 48, par. 1708) 7 Sec. 8. Election - certification. Elections shall be by 8 secret ballot, and conducted in accordance with rules and 9 regulations established by the Illinois Educational Labor 10 Relations Board. An incumbent exclusive bargaining 11 representative shall automatically be placed on any ballot 12 with the petitioner's labor organization. An intervening 13 labor organization may be placed on the ballot when supported 14 by 15% or more of the employees in the bargaining unit. The 15 Board shall give at least 30 days notice of the time and 16 place of the election to the parties and, upon request, shall 17 provide the parties with a list of names and addresses of 18 persons eligible to vote in the election at least 15 days 19 before the election. The ballot must include, as one of the 20 alternatives, the choice of "no representative". No mail 21 ballots are permitted except where a specific individual 22 would otherwise be unable to cast a ballot. 23 The labor organization receiving a majority of the 24 ballots cast shall be certified by the Board as the exclusive 25 bargaining representative. If the choice of "no 26 representative" receives a majority, the employer shall not 27 recognize any exclusive bargaining representative for at 28 least 12 months. If none of the choices on the ballot 29 receives a majority, a run-off shall be conducted between the 30 2 choices receiving the largest number of valid votes cast in 31 the election. The Board shall certify the results of the SB1241 Engrossed -2- LRB9201777NTpr 1 election within 65working days after the final tally of 2 votes unless a charge is filed by a party alleging that 3 improper conduct occurred which affected the outcome of the 4 election. The Board shall promptly investigate the 5 allegations, and if it finds probable cause that improper 6 conduct occurred and could have affected the outcome of the 7 election, it shall set a hearing on the matter on a date 8 falling within 2 weeks of when it received the charge. If it 9 determines, after hearing, that the outcome of the election 10 was affected by improper conduct, it shall order a new 11 election and shall order corrective action which it considers 12 necessary to insure the fairness of the new election. If it 13 determines upon investigation or after hearing that the 14 alleged improper conduct did not take place or that it did 15 not affect the results of the election, it shall immediately 16 certify the election results. 17 Any labor organization that is the exclusive bargaining 18 representative in an appropriate unit on the effective date 19 of this Act shall continue as such until a new one is 20 selected under this Act. 21 (Source: P.A. 83-1014.)