Illinois Administrative Code

Section 640.180 Undated Forms No supervisor or other person in a position of authority shall demand or request that an employee sign, nor shall any employee be required to sign, an undated resignation or any blank form. Any such demand shall entitle the employee to immediate appe…

Section 640.190 Incomplete Forms Any information placed on a form or any modification of alteration of existing information made on a form subsequent to having been signed by an employee shall be null and void as it may effect the employee, the employee's position, or condition o…

Section 640.200 Evaluation Forms Employees shall be required to sign all evaluation forms to indicate they have read the evaluation and have discussed it with their supervisor.

Section 640.210 Portability of Certain Benefits Sick leave earned but not taken by employees in the course of employment not subject to the Code shall be deemed to have been earned by them at the time they become subject to the jurisdiction to the extent the benefits are provided…

Section 640.220 Effective Date of Rules This Part and any amendments shall become effective upon filing with the Secretary of State, Administrative Code Division, pursuant to the provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 …

Section 640.230 Savings Clause If any Section or subsection of any Section of this Part shall be held invalid, the remaining provisions of the Part shall have, and shall be given, full force and effect as completely as if the invalidated Section or subsection had not been include…

Section 640.240 Interpretation and Application of Rules The Director of Personnel shall determine the proper interpretation and application of each Section and Part promulgated by the Department of Personnel. The decision of the Director as to the proper interpretation or applica…

Section 640.260 Retroactivity This Part shall not be retroactive beyond the date of its effectiveness.

Section 1100.10 Definitions a) The term "Act" shall mean the Illinois Educational Labor Relations Act [115 ILCS 5]. b) This Part incorporates the definitions contained in Section 2 of the Act. c) The term "incumbent employee organization" or "incumbent exclusive representative" s…

Section 1100.100 Gender Usage Whenever the masculine gender is used in 80 Ill. Adm. Code: Subtitle C, Chapter III, that reference also refers to the female gender. (Source: Added at 14 Ill. Reg. 1270, effective January 5, 1990)

Section 1100.105 Qualifications of Administrative Law Judges In all contested case hearings, the Hearing Officer shall be an administrative law judge. The administrative law judge shall be an attorney licensed to practice law in Illinois. The administrative law judge shall be an …

Section 1100.110 Conflict of Interest At any time prior to the issuance of the recommended decision and order, a party may move to disqualify the administrative law judge on the grounds of bias or conflict of interest. The motion shall be submitted in writing to the General Couns…

Section 1100.120 Oral Argument Oral argument shall be allowed only at the discretion of the Board. The Board shall direct oral argument when it determines that oral argument will assist determination of the issues. (Source: Added at 35 Ill. Reg. 14438, effective August 12, 2011)

Section 1100.130 Board Meeting Procedures a) If a quorum of Board members is physically present at a Board meeting, a Board member may be allowed to attend by video or audio conferencing if that Board member cannot be physically present at the meeting because of personal illness …

Section 1100.20 Filing and Service of Documents a) All documents relating to any proceeding before the Illinois Educational Labor Relations Board (the Board) shall be filed in either the Board's Springfield or Chicago office or shall be sent to the Board's electronic mailbox (ELR…

Section 1100.30 Computation and Extensions of Time a) In computing any period of time prescribed by the Act or this Part or 80 Ill. Adm. Code 1105, 80 Ill. Adm. Code 1110, 80 Ill. Adm. Code 1120, 80 Ill. Adm. Code 1125, 80 Ill. Adm. Code 1130, and 80 Ill. Adm. Code 1135, except f…

Section 1100.40 Hearing Officers (Repealed) (Source: Repealed at 41 Ill. Reg. 10566, effective August 1, 2017)

Section 1100.50 Recording of Hearings (Repealed) (Source: Repealed at 41 Ill. Reg. 10566, effective August 1, 2017)

Section 1100.60 Representation of Parties Subject to any restrictions on the unauthorized practice of law, a party may be represented by counsel or any other representative of the party's choosing. The representative shall file a notice of appearance with the Board. (Source: Amen…

Section 1100.70 Subpoenas a) All subpoenas shall be issued by the Board upon written application of a party to the Administrative Law Judge or hearing officer, or, in the event that an Administrative Law Judge or hearing officer has not been named, to the General Counsel. The app…

Section 1100.80 Limitation on Practice Before the Board by Former Employees No person who has been a Board member or an employee of the Board shall engage in practice before the Board or its agents in any respect in connection with any case or proceeding in which he participated …

Section 1100.90 Amicus Curiae Amicus Curiae briefs may be filed by leave of the Board, or at the request of the Board. A motion for leave to file an amicus curiae brief will state the reasons why an amicus curiae brief is desirable. The Board's standards by which to grant leave t…

Section 1110.10 General Statement of Purpose The regulations contained in this Part detail the procedures that employers, employees, and employee organizations should use for employer voluntary recognition of an employee organization and for instituting representation and related…

Section 1110.100 Processing of Petitions Seeking an Election a) All parties served with a representation petition seeking an election or a decertification petition shall respond to the petition within seven days after service. The response shall set forth the party's position wit…

Section 1110.105 Processing of Majority Interest Petitions a) Majority interest procedures may not be used when another employee organization has lawfully attained representation rights as the exclusive representative of the employees in the bargaining unit. b) The employer shall…

Section 1110.110 Consent Elections a) Where the parties agree to the holding of an election, a stipulation for a consent election shall be filed as follows: 1) The stipulation must be signed by the petitioner, the employer, the employee organization seeking to represent the emplo…

Section 1110.120 Bargaining Unit Determinations a) In determining the appropriateness of a unit for purposes of collective bargaining, the Board shall consider all relevant factors, including, but not limited to, such factors as historical pattern of recognition, community of int…

Section 1110.130 Eligibility of Voters a) To be eligible to vote in an election, an employee must have been in the bargaining unit for the payroll period immediately prior to the date of the direction of the election or the approval of a consent election agreement, and must still…

Section 1110.140 Conduct of the Election a) The election shall be conducted under the supervision of the Board. Voting shall be by secret ballot. b) Absentee ballots will be allowed only where an individual submits a written request to the Board no later than 10 days prior to the…

Section 1110.15 Investigations The extent and nature of all investigations by the Board or its designated agents in the course of representation proceedings shall be determined by the specific issues and facts raised by the parties. a) Investigations of the showing of interest fo…

Section 1110.150 Objections to the Election a) Any party to the election may file objections with the Board alleging that improper conduct occurred which affected the outcome of the election (Section 8 of the Act). b) Objections must be received by the Board no later than five wo…

Section 1110.160 Petitions for Clarification of the Bargaining Unit a) An exclusive representative or an employer may file a petition to clarify an existing bargaining unit. The Board shall serve the petition on the other party. The petition shall be signed and shall contain the …

Section 1110.170 Petitions to Amend Certification a) An exclusive representative shall file a petition with the Board to amend its certification whenever there is a change in its name or structure. The Board shall serve the petition on the employer. The petition shall be signed a…

Section 1110.180 Petitions for Self-Determination a) Adding to an Existing Bargaining Unit 1) A self-determination petition to add unrepresented employees to an existing bargaining unit, where a question concerning representation would be presented by their inclusion, may be file…

Section 1110.190 Disclaimer of Interest Petitions a) An employee organization that has been certified by the Board or recognized pursuant to Section 2 of the Act as the exclusive representative of a bargaining unit but wishes to terminate this representation may file a disclaimer…

Section 1110.20 Employee Organizations Seeking Recognition a) An employee organization seeking recognition in a bargaining unit in which no other employee organization has lawfully attained representation rights may either request that the employer voluntarily recognize it or may…

Section 1110.30 Employer Responses to Recognition Requests a) An employer faced with a request for recognition in a bargaining unit that is not currently represented by an employee organization may file a representation petition with the Board, may decline to respond to the reque…

Section 1110.40 Voluntary Recognition Procedures a) Voluntary recognition procedures may not be used under the following circumstances: 1) whenever another employee organization has lawfully attained representation rights as the exclusive representative of the employees in the ba…

Section 1110.50 Representation Petitions a) A representation petition may be filed by: 1) an employee, a group of employees, or an employee organization; or 2) an employer alleging that one or more labor organizations have presented a claim to be recognized as an exclusive bargai…

Section 1110.60 Decertification Petitions a) A petition to decertify an existing exclusive representative may be filed by an employee or group of employees. The Board shall serve the petition on the exclusive representative and on the employer. The petition shall be on a form dev…

Section 1110.70 Timeliness of Petitions and Bars to Elections a) Election bar: With respect to any bargaining unit, no election may be conducted in a bargaining unit, or subdivision thereof, in which a valid election has been held within the preceding 12 month period (Section 7(d…

Section 1110.80 Showing of Interest a) Representation petitions filed by employees, groups of employees and employee organizations that seek an election and all decertification petitions must be accompanied by a 30 percent showing of interest. Majority interest petitions must be …

Section 1110.90 Posting of Notice Following the filing of a representation or decertification petition, the Board shall provide the employer with a notice that shall be posted, by the day after the employer receives the notice, on bulletin boards and other places where notices fo…

Section 1110.APPENDIX A Sample Authorization Card I authorize (employee organization) to be my exclusive collective bargaining representative for all purposes of collective bargaining with my employer, . Name (printed or typed) Employment position Signature Date If a majority of …

Section 1120.10 General Statement of Purpose The regulations contained in this Part detail the procedures for initiating, processing and resolving charges that an employer or an employee organization has committed, or is committing, an unfair labor practice in violation of Sectio…

Section 1120.20 Filing of a Charge a) An unfair labor practice charge may be filed with the Illinois Educational Labor Relations Board (the Board) by an employer, an employee organization, or an employee. b) Unfair labor practice charges shall be on a form developed by the Board,…

Section 1120.30 Charge Processing and Investigation, Complaints and Responses a) The Board hereby delegates to its Executive Director the authority to investigate charges and issue complaints. b) Upon receipt of a charge, the Executive Director shall investigate the charge. Proce…

Section 1120.40 Hearings a) Upon the issuance of a complaint, the Executive Director shall set the matter for hearing before an Administrative Law Judge. All parties shall be given at least five days' notice of the hearing. The notice shall comply with Section 10-25(a) of the Ill…

Section 1120.50 Consideration by the Board a) Exception and Responses 1) In cases in which there is a recommended decision, the parties may file exceptions to the Administrative Law Judge's recommendation and briefs in support of those exceptions. Briefs and exceptions shall be f…

Section 1120.60 Requests for Preliminary Relief The charging party may request the Board to seek preliminary relief pursuant to Section 16(d) of the Act. The charging party will provide the basis for and evidence in support of its request for injunctive relief when it files its c…