State of Illinois
92nd General Assembly
Legislation

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92_SB1241sam001

 










                                             LRB9201777NTsbam

 1                    AMENDMENT TO SENATE BILL 1241

 2        AMENDMENT NO.     .  Amend Senate Bill 1241 by  replacing
 3    everything after the enacting clause with the following:

 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.
 
                            -2-              LRB9201777NTsbam
 1        The  labor  organization  receiving  a  majority  of  the
 2    ballots cast shall be certified by the Board as the exclusive
 3    bargaining  representative.      If   the   choice   of   "no
 4    representative"  receives  a majority, the employer shall not
 5    recognize any  exclusive  bargaining  representative  for  at
 6    least  12  months.    If  none  of  the choices on the ballot
 7    receives a majority, a run-off shall be conducted between the
 8    2 choices receiving the largest number of valid votes cast in
 9    the election.  The Board shall certify  the  results  of  the
10    election  within  6  5  working days after the final tally of
11    votes unless a charge is  filed  by  a  party  alleging  that
12    improper  conduct  occurred which affected the outcome of the
13    election.   The  Board   shall   promptly   investigate   the
14    allegations,  and  if  it  finds probable cause that improper
15    conduct occurred and could have affected the outcome  of  the
16    election,  it  shall  set  a  hearing on the matter on a date
17    falling within 2 weeks of when it received the charge.  If it
18    determines, after hearing, that the outcome of  the  election
19    was  affected  by  improper  conduct,  it  shall  order a new
20    election and shall order corrective action which it considers
21    necessary to insure the fairness of the new election.  If  it
22    determines  upon  investigation  or  after  hearing  that the
23    alleged improper conduct did not take place or  that  it  did
24    not  affect the results of the election, it shall immediately
25    certify the election results.
26        Any labor organization that is the  exclusive  bargaining
27    representative  in  an appropriate unit on the effective date
28    of this Act shall  continue  as  such  until  a  new  one  is
29    selected under this Act.
30    (Source: P.A. 83-1014.)".

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