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Public Act 92-0206
SB1241 Enrolled LRB9201777NTpr
AN ACT in relation to 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 8 as follows:
(115 ILCS 5/8) (from Ch. 48, par. 1708)
Sec. 8. Election - certification. Elections shall be by
secret ballot, and conducted in accordance with rules and
regulations established by the Illinois Educational Labor
Relations Board. An incumbent exclusive bargaining
representative shall automatically be placed on any ballot
with the petitioner's labor organization. An intervening
labor organization may be placed on the ballot when supported
by 15% or more of the employees in the bargaining unit. The
Board shall give at least 30 days notice of the time and
place of the election to the parties and, upon request, shall
provide the parties with a list of names and addresses of
persons eligible to vote in the election at least 15 days
before the election. The ballot must include, as one of the
alternatives, the choice of "no representative". No mail
ballots are permitted except where a specific individual
would otherwise be unable to cast a ballot.
The labor organization receiving a majority of the
ballots cast shall be certified by the Board as the exclusive
bargaining representative. If the choice of "no
representative" receives a majority, the employer shall not
recognize any exclusive bargaining representative for at
least 12 months. If none of the choices on the ballot
receives a majority, a run-off shall be conducted between the
2 choices receiving the largest number of valid votes cast in
the election. The Board shall certify the results of the
election within 6 5 working days after the final tally of
votes unless a charge is filed by a party alleging that
improper conduct occurred which affected the outcome of the
election. The Board shall promptly investigate the
allegations, and if it finds probable cause that improper
conduct occurred and could have affected the outcome of the
election, it shall set a hearing on the matter on a date
falling within 2 weeks of when it received the charge. If it
determines, after hearing, that the outcome of the election
was affected by improper conduct, it shall order a new
election and shall order corrective action which it considers
necessary to insure the fairness of the new election. If it
determines upon investigation or after hearing that the
alleged improper conduct did not take place or that it did
not affect the results of the election, it shall immediately
certify the election results.
Any labor organization that is the exclusive bargaining
representative in an appropriate unit on the effective date
of this Act shall continue as such until a new one is
selected under this Act.
(Source: P.A. 83-1014.)
Passed in the General Assembly May 09, 2001.
Approved August 01, 2001.
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