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Public Act 102-0797


 

Public Act 0797 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0797
 
HB5093 EnrolledLRB102 25944 NHT 35325 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Educational Labor Relations Act is
amended by changing Section 5 as follows:
 
    (115 ILCS 5/5)  (from Ch. 48, par. 1705)
    Sec. 5. Illinois Educational Labor Relations Board.
    (a) There is hereby created the Illinois Educational Labor
Relations Board.
    (a-5) Until July 1, 2003 or when all of the new members to
be initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor,
whichever occurs later, the Illinois Educational Labor
Relations Board shall consist of 7 members, no more than 4 of
whom may be of the same political party, who are residents of
Illinois appointed by the Governor with the advice and consent
of the Senate.
    The term of each appointed member of the Board who is in
office on June 30, 2003 shall terminate at the close of
business on that date or when all of the new members to be
initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor,
whichever occurs later.
    (b) Beginning on July 1, 2003 or when all of the new
members to be initially appointed under this amendatory Act of
the 93rd General Assembly have been appointed by the Governor,
whichever occurs later, the Illinois Educational Labor
Relations Board shall consist of 5 members appointed by the
Governor with the advice and consent of the Senate. No more
than 3 members may be of the same political party.
    The Governor shall appoint to the Board only persons who
are residents of Illinois and have had a minimum of 5 years of
experience directly related to labor and employment relations
in representing educational employers or educational employees
in collective bargaining matters. One appointed member shall
be designated at the time of his or her appointment to serve as
chairman.
    Of the initial members appointed pursuant to this
amendatory Act of the 93rd General Assembly, 2 shall be
designated at the time of appointment to serve a term of 6
years, 2 shall be designated at the time of appointment to
serve a term of 4 years, and the other shall be designated at
the time of his or her appointment to serve a term of 4 years,
with each to serve until his or her successor is appointed and
qualified.
     Each subsequent member shall be appointed in like manner
for a term of 6 years and until his or her successor is
appointed and qualified. Each member of the Board is eligible
for reappointment. Vacancies shall be filled in the same
manner as original appointments for the balance of the
unexpired term.
    (c) The chairman shall be paid $50,000 per year, or an
amount set by the Compensation Review Board, whichever is
greater. Other members of the Board shall each be paid $45,000
per year, or an amount set by the Compensation Review Board,
whichever is greater. They shall be entitled to reimbursement
for necessary traveling and other official expenditures
necessitated by their official duties.
    Each member shall devote his 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.
    (d) Three members of the Board constitute a quorum and a
vacancy on the Board does not impair the right of the remaining
members to exercise all of the powers of the Board.
    (e) Any member of the Board may be removed by the Governor,
upon notice, for neglect of duty or malfeasance in office, but
for no other cause.
    (f) The Board may appoint or employ an executive director,
attorneys, hearing officers, and such other employees as it
deems necessary to perform its functions, except that the
Board shall employ a minimum of 8 attorneys and 5
investigators. The Board 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.
    (g) The Board may promulgate rules and regulations which
allow parties in proceedings before the Board to be
represented by counsel or any other person knowledgeable in
the matters under consideration.
    (h) To accomplish the objectives and to carry out the
duties prescribed by this Act, the Board may subpoena
witnesses, subpoena the production of books, papers, records
and documents which may be needed as evidence on any matter
under inquiry and may administer oaths and affirmations.
    In cases of neglect or refusal to obey a subpoena issued to
any person, the circuit court in the county in which the
investigation or the public hearing is taking place, upon
application by the Board, may issue an order requiring such
person to appear before the Board or any member or agent of the
Board to produce evidence or give testimony. A failure to obey
such order may be punished by the court as in civil contempt.
    Any subpoena, notice of hearing, or other process or
notice of the Board issued under the provisions of this Act may
be served by one of the methods permitted in the Board's rules.
personally, by registered mail or by leaving a copy at the
principal office of the respondent required to be served. A
return, made and verified by the individual making such
service and setting forth the manner of such service, is proof
of service. A post office receipt, when registered mail is
used, is proof of service. All process of any court to which
application may be made under the provisions of this Act may be
served in the county where the persons required to be served
reside or may be found.
    (i) The Board shall adopt, promulgate, amend, or rescind
rules and regulations in accordance with the Illinois
Administrative Procedure Act as it deems necessary and
feasible to carry out this Act.
    (j) The Board 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.
(Source: P.A. 96-813, eff. 10-30-09.)

Effective Date: 1/1/2023