Illinois Administrative Code

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…

Section 1120.70 Compliance Procedures a) The compliance procedures set forth in this Section shall commence once a respondent: 1) has failed to file exceptions to a Recommended Decision and Order of an Administrative Law Judge; 2) has failed to appeal a final order of the Board; …

Section 1120.80 Sanctions a) The Board's order may, in its discretion, also include an appropriate sanction, based on the Board's rules and regulations, if the other party has made allegations or denials without reasonable cause and found to be untrue or has engaged in frivolous …

Section 1120.90 Processing of Employee Dues in Unfair Labor Practice Charges Involving Unlawfully Collected Dues a) Unfair labor practice charges that an employee organization has unlawfully collected dues from an educational employee in violation of the Act shall be filed and pr…

Section 1125.10 General Statement of Purpose a) The Illinois Educational Labor Relations Board (Board) finds that Sections 3(a), 11, and 14(a)(1) and (b)(1) of the Illinois Educational Labor Relations Act (the Act) [115 ILCS 5/3(a), 11, 14(a)(1) and (b)(1)] govern the collection …

Section 1125.100 Internal Review Procedure Nothing in this Part shall preclude an exclusive representative from establishing an internal procedure to review challenges to its fair share fees. (Source: Added at 13 Ill. Reg. 1784, effective January 31, 1989)

Section 1125.20 Notice of Fair Share Fees a) At least 14 calendar days prior to commencement of payroll deductions of fair share fees, the exclusive representative shall provide notice to all nonmembers of the fair share fee and the right to file an objection. The notice shall be…

Section 1125.30 Objections to Fair Share Fees a) A nonmember may file an objection to the fair share fee with the Board no later than six (6) months after the first payroll deduction of the fair share fee. b) The objection shall be on a form developed by the Board and shall conta…

Section 1125.40 Escrow Accounts a) Upon service of an objection, the employer shall continue to deduct the fair share fee from the objecting employee's pay, but shall not pay the fee to the exclusive representative, unless the exclusive representative maintains an escrow account …

Section 1125.50 Responses to Objections (Repealed) (Source: Repealed at 13 Ill. Reg. 1784, effective January 31, 1989)

Section 1125.60 Consolidation of Fair Share Fee Objections The Board shall consolidate in a single proceeding all fair share fee objections involving the same bargaining unit. The Board shall consolidate objections involving two or more bargaining units whenever it determines tha…

Section 1125.70 Investigation of Fair Share Fee Objections a) The Board's Executive Director shall investigate and process all fair share fee objections and shall issue complaints or dismiss objections in accordance with 80 Ill. Adm. Code 1120.30(a) and (b). b) If the Executive D…

Section 1125.80 Hearings a) Except as otherwise provided in this Section, hearings on fair share fee objections shall proceed in the same manner as hearings in both contested cases, as set forth in 80 Ill. Adm. Code 1105, Subpart B, and hearings in unfair labor practice proceedin…

Section 1125.90 Consideration by the Board (Repealed) (Source: Repealed at 13 Ill. Reg. 1784, effective January 31, 1989)

Section 1130.10 General Statement of Purpose The regulations contained in this Part detail the procedures for giving required notices during collective bargaining, for resolving impasses in collective bargaining, and for the making of appointments to the Illinois Educational Labo…

Section 1130.20 Notices and Timetable for Bargaining a) Newly Certified Representatives In units for which exclusive representatives have been newly certified, with respect to collective bargaining between an educational employer that is not a public school district organized und…

Section 1130.30 Mediation a) This Section shall apply to collective bargaining between an educational employer that is not a public school district organized under Article 34 of the School Code and an exclusive representative of its employees. b) Mediation services will be provid…

Section 1130.35 Notification and Public Posting Procedures a) This Section applies only to collective bargaining between a public school district or a combination of public school districts, including, but not limited to, joint cooperatives, that is not organized under Article 34…

Section 1130.40 Notice of Intent to Strike a) In addition to the limitations imposed by Section 1130.35(f) or Section 1130.55(f) and (g), educational employees shall not engage in a strike unless at least 10 days have elapsed after a notice of intent to strike has been given by t…

Section 1130.50 Fact Finding and Interest Arbitration a) The parties may agree to the use of fact finding or interest arbitration in settling their disputes. b) Upon joint request of the parties, the Board shall provide one panel of no more than seven arbitrators for use by the p…

Section 1130.55 Collective Bargaining and Impasse Resolution Rules for School Districts Organized under Article 34 of the School Code a) If the parties fail to reach agreement after a reasonable period of mediation, the dispute shall be submitted to fact-finding in accordance wit…

Section 1130.60 Filing of Agreements (Repealed) (Source: Repealed at 41 Ill. Reg. 10635, effective August 1, 2017)

Section 1130.70 Grievance Arbitration and No Strike Clauses a) Every collective bargaining agreement between an employer and an employee organization shall contain a grievance procedure which has as its last step final arbitration. The agreement shall also contain appropriate lan…

Section 1130.80 Illinois Educational Labor Mediation Roster a) The Board shall establish an Illinois Educational Labor Mediation Roster. The Roster shall list qualified mediators, fact finders, interest arbitrators, and grievance arbitrators. A person may be qualified in more tha…

Section 1135.10 General Statement of Purpose This Part sets forth presumptively appropriate bargaining units for educational employees employed by the Board of Trustees of the University of Illinois. Nothing in this Part shall negate historical units created prior to January 1, 1…

Section 1135.20 Presumptively Appropriate Bargaining Units a) With respect to educational employees employed at the Urbana-Champaign campus or employed in units located outside Urbana-Champaign which report administratively to the Urbana-Champaign campus, the following units shal…

Section 1135.30 Bargaining Unit Determinations a) The units set forth in Section 1135.20 are presumptively appropriate. Petitions for units other than those set forth in this Part may be filed and shall be processed in accord with the regular rules of this agency concerning repre…

Section 1200.10 Definitions The definitions contained in Section 3 of the Act shall apply to this Part, as well as the following: "Act" means the Illinois Public Labor Relations Act [5 ILCS 315]. "Administrative Law Judge" means an attorney licensed to practice law in Illinois wh…

Section 1200.100 Transfer of Jurisdiction a) Whenever a proceeding is instituted before either the State or Local Panel of the Illinois Labor Relations Board and it appears that the matter is properly subject to the other Panel's jurisdiction, the first Panel shall transfer the c…

Section 1200.105 Consolidation of Proceedings The Board shall consolidate two or more representation or unfair labor practice cases when the following 3 conditions are met. a) The cases involve common parties or issues of law or fact and/or grow out of the same transaction or occ…

Section 1200.110 Amicus Curiae Briefs (Repealed) (Source: Repealed at 27 Ill. Reg. 7365, effective May 01, 2003)

Section 1200.120 Voluntary Settlement or Adjustment of Disputes The Board, as a matter of policy, encourages the voluntary efforts of the parties to settle or adjust disputes involving issues of representation, unfair labor practices, and interest and rights disputes. Any such ef…

Section 1200.130 Rules of Evidence Considering the nature of the case and the representatives of the parties, the Administrative Law Judge will, insofar as practicable, apply the rules of evidence applicable in Illinois courts. The Administrative Law Judge may, upon proper object…

Section 1200.135 Appeals Procedures, Board Review and Court Review a) Executive Director's Orders 1) Parties may appeal to the Board orders of the Executive Director, except orders setting matters for hearing. Notice of appeal and all supporting materials shall be filed with the …

Section 1200.140 Briefs a) For purposes of this Section, "briefs" shall be deemed to include: 1) post-hearing briefs before an Administrative Law Judge; 2) briefs in support of appeals from Executive Director's orders and responses to those orders, inclusive of any separate appea…

Section 1200.143 Declaratory Rulings Parties may petition the Board's General Counsel for a declaratory ruling, pursuant to Section 5-150 of the Illinois Administrative Procedure Act [5 ILCS 100/5-150], as follows: a) In general public employee bargaining units covered by 80 Ill.…

Section 1200.145 Filing of Contracts a) Within 60 days after a new collective bargaining agreement that is subject to the Act has been signed by the parties, the parties shall be jointly responsible for filing with the Board a copy of the agreement in .pdf and paper form. b) The …

Section 1200.150 Conflicts of Interest No person who has been a Board member or an employee of the Board shall engage in practice before the Board in any respect in connection with any case or proceeding that was pending during the person's membership on or employment with the Bo…

Section 1200.160 Variances and Suspensions of Rules The provisions of this Part or 80 Ill. Adm. Code 1210, 1220 or 1230 may be waived by the Board when it finds that: a) The provision from which the variance is granted is not statutorily mandated; b) No party will be injured by t…

Section 1200.170 Board Member Meeting Attendance by Means other than Physical Presence The Board may allow a member of the Board to attend a meeting of the State or Local Panel or a joint meeting of the State and Local Panels by means of video or audio conference if: a) there is …

Section 1200.20 Filing and Service of Documents a) All documents may be filed in either the Board's Springfield or Chicago office. b) Whenever this Part or 80 Ill. Adm. Code 1210, 1220 or 1230 requires that a document be on a form developed by the Board, the document may be prepa…

Section 1200.3 General Statement of Purpose The regulations contained in this Part detail the procedures that employers, employees and labor organizations should use when filing petitions and charges pursuant to Parts 1210, 1220 and 1230, which implement the provisions of the Ill…

Section 1200.30 Computation and Extensions of Time a) In computing any period of time prescribed by the Act or this Part, the designated period of time begins to run the day after the act, event or default and ends on the last day of the period so computed. If the day after the a…

Section 1200.40 Authority of Administrative Law Judges a) The Administrative Law Judge (ALJ) shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete record. The ALJ shall have…

Section 1200.45 Motions a) Motions during the course of an investigation must be filed with the Executive Director. In matters set for hearing, all motions must be filed with the assigned Administrative Law Judge. Once the Administrative Law Judge's recommended decision and order…