Illinois Administrative Code

Section 1200.90 Subpoenas Following the issuance of a complaint for hearing or a notice of representation hearing, the Board, upon the request of an Administrative Law Judge or upon the written application of a party, shall have the power to issue subpoenas for witnesses and subp…

Section 1210.10 General Statement of Purpose The regulations contained in this Part detail the procedures that employers, employees and labor organizations should use for employer voluntary recognition of a labor organization and for instituting representation and related proceed…

Section 1210.100 Processing of Petitions a) Representation Petitions Seeking an Election 1) The Board shall provide the employer with a Notice to Employees of the filing of a representation or decertification petition. The Notice to Employees shall be posted on bulletin boards an…

Section 1210.105 Consent Elections a) Following the filing of a petition, a stipulation for a consent election may be filed as follows: 1) The stipulation must be signed by the petitioner, the employer, the labor organization seeking to represent the employees, and any intervenor…

Section 1210.107 Hearings a) Representation hearings shall be non-adversarial in nature. All parties may present evidence and make arguments, subject to the control of the Administrative Law Judge. Subject to the discretion of the Administrative Law Judge, the employer shall pres…

Section 1210.110 Consent Elections (Renumbered) (Source: Section 1210.110 renumbered to Section 1210.105 at 27 Ill. Reg. 7393, effective May 1, 2003)

Section 1210.120 Bargaining Unit Determinations (Repealed) (Source: Repealed at 27 Ill. Reg. 7393, effective May 1, 2003)

Section 1210.130 Eligibility of Voters a) To be eligible to vote in an election, an employee must have been in the bargaining unit as of the last day of the payroll period immediately prior to the date of the direction of the election or the approval of a consent election agreeme…

Section 1210.140 Conduct of the Election a) The election shall be conducted under the supervision of the Board. Voting shall be by secret ballot. Whenever the Board determines that a mail ballot will better effectuate the purposes of the Act, it shall conduct the election by mail…

Section 1210.150 Objections to the Election a) Any party to the election may file objections with the Board alleging that the result was not fairly and freely chosen by a majority of the employees. The party must serve its objections on the other parties to the election prior to …

Section 1210.160 Voluntary Recognition Procedures a) Voluntary recognition petitions may not be filed under the following circumstances: 1) whenever a labor organization is recognized in accordance with the Act as the exclusive representative of all or some of the employees in th…

Section 1210.170 Unit Clarification Procedures a) An exclusive representative or an employer may file a unit clarification petition to clarify or amend an existing bargaining unit when: 1) substantial changes occur in the duties and functions of an existing title, raising an issu…

Section 1210.175 Stipulated Unit Clarification Procedures a) The parties may stipulate to a unit clarification. The parties shall file with the Board a unit clarification petition indicating their stipulation. Following the filing of such a petition, the Board shall provide the e…

Section 1210.180 Procedures for Amending Certifications 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. An employer or exclusive representative shall file a petition to amend a uni…

Section 1210.190 Expedited Elections Pursuant to Section 10(b)(7)(C) of the Act a) Whenever a labor organization is engaged in activities as set forth in Section 10(b)(7)(C) of the Act, the employer may file a petition for an expedited election. b) Labor organizations and employe…

Section 1210.20 Labor Organization Options in Seeking Recognition a) A labor organization seeking recognition in a proposed appropriate bargaining unit in which no other labor organization has attained recognition rights in accordance with the Act may request that the employer vo…

Section 1210.30 Employer Options in Responding to Recognition Requests a) An employer faced with a request for recognition in a bargaining unit that is not currently represented by a labor organization may agree to resort to the voluntary recognition procedures set forth in Secti…

Section 1210.35 Timeliness of Petitions and Bars to Election a) Contract Bar 1) When there is in effect a collective bargaining agreement of 3 years or shorter duration covering all or some of the employees in the bargaining unit, representation and decertification petitions may …

Section 1210.37 Bargaining Unit Determinations a) In determining the appropriateness of a unit for purposes of collective bargaining, the Administrative Law Judge and/or the Board shall consider all relevant factors, including, but not limited to, such factors as historical patte…

Section 1210.40 Representation Petitions a) A representation petition may be filed by: 1) an employee, a group of employees, or a labor organization; or 2) an employer, alleging that one or more labor organizations have presented a claim to be recognized as an exclusive bargainin…

Section 1210.50 Intervention Petitions a) An intervention petition may be filed by an employee, a group of employees, or a labor organization on a Board-designated form. b) Intervention petitions shall be signed by a representative of the petitioning party and shall contain the s…

Section 1210.60 Decertification Petitions a) The purpose of a decertification proceeding is to determine whether a majority of the employees in an appropriate bargaining unit maintain their desire to be represented by the existing exclusive bargaining representative. b) A petitio…

Section 1210.65 Declaration of Disinterest Petition a) A labor organization that has been certified by the Board or historically recognized pursuant to Section 9 of the Act as the exclusive bargaining representative of a bargaining unit may file a Declaration of Disinterest petit…

Section 1210.70 Timeliness of Petitions (Repealed) (Source: Repealed at 27 Ill. Reg. 7393, effective May 1, 2003)

Section 1210.80 Showing of Interest a) Representation Petitions/Decertification Petitions Representation petitions filed by employees, groups of employees and labor organizations, and all decertification petitions, must be accompanied by a 30% showing of interest. b) Majority Int…

Section 1210.90 Posting of Notice (Repealed) (Source: Repealed at 27 Ill. Reg. 7393, effective May 1, 2003)

Section 1220.10 General Statement of Purpose The regulations contained in this Part detail the procedures for initiating, processing and resolving charges that an employer or a labor organization has committed, or is committing, an unfair labor practice in violation of Sections 1…

Section 1220.100 Unfair Labor Practice Charges Involving Fair Share Fees and Unlawfully-Collected Dues a) Unfair Labor Practice Charges Involving Fair Share Fees 1) Unfair labor practice charges that proportionate share fees violate the Act shall be filed and processed in accorda…

Section 1220.105 Appointment of Counsel a) A charging party may file a request for appointment of counsel simultaneously with or after filing a charge. The request shall be on a form developed by the Board. It shall be accompanied by an affidavit attesting to the charging party's…

Section 1220.20 Filing of a Charge a) An unfair labor practice charge may be filed with the Board by an employer, a labor organization, or an employee. b) Unfair labor practice charges shall be on a form developed by the Board, shall be signed by the charging party, and shall con…

Section 1220.30 Appointment of Counsel (Renumbered) (Source: Renumbered to Section 1220.105 at 27 Ill. Reg. 7436, effective May 1, 2003)

Section 1220.40 Charge Processing and Investigation, Complaints and Responses a) The Board or its agent shall investigate the charge. The investigation may include an investigatory conference with the parties. 1) The charging party shall submit to the Board or its agent all evide…

Section 1220.50 Hearings a) Upon the issuance of a complaint for hearing, the Board shall set the matter for hearing before an Administrative Law Judge. The hearing shall be set not less than 5 days after serving of such complaint. (Section 11(a) of the Act) b) Interested persons…

Section 1220.60 Consideration by the Board (Repealed) (Source: Repealed at 27 Ill. Reg. 7436, effective May 1, 2003)

Section 1220.65 Deferral to Arbitration a) The Board may, on its own motion or the motion of a party, defer the resolution of an unfair labor practice charge to the grievance arbitration procedure contained in a collective bargaining agreement. b) A party may file a motion to def…

Section 1220.70 Requests for Preliminary Relief The charging party may request the Board to seek preliminary relief pursuant to Section 11(h) of the Act. The charging party shall have the burden of demonstrating to the General Counsel that if preliminary relief is not sought it w…

Section 1220.80 Compliance Procedures a) Whenever it appears that any person has violated a final order of the Board issued pursuant to Section 11 of the Act, the Board must commence an action in the name of the People of the State of Illinois by petition, alleging the violation,…

Section 1220.90 Sanctions a) The Board's order may in its discretion 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 litigat…

Section 1220.TABLE A "Adjusted Income" Standards for Appointment of Counsel in Unfair Labor Practice Cases Size of Family Unit Adjusted Annual Income Limit 1 $ 8,860 2 11,940 3 15,020 4 18,100 5 21,180 6 24,260 (Source: Amended at 27 Ill. Reg. 7436, effective May 1, 2003)

Section 1540.10 Appointment of Retirement System Coordinator a) The head of every department, as defined in the Retirement System Act, shall appoint an individual(s) employed by or assigned to the department to act as "Retirement System Coordinator" for the agency. b) All Departm…

Section 1540.100 Birth Date Verification a) Any person or persons making application for a retirement annuity, survivors or widows annuity, nonoccupational, occupational or temporary disability benefit shall submit as proof of birth date, a legal copy of their birth certificate o…

Section 1540.110 Marriage Verification a) Proof of Marriage 1) Applicants claiming benefits as a surviving spouse must submit proof of marriage. Documents acceptable as proof of marriage are: A) A copy of the public record of marriage. B) A copy of the religious record of the mar…

Section 1540.120 Level Income Option a) Basis of Computation. The Level Income Option shall be based on an estimate of a member's primary Social Security benefit, as provided by the Social Security Administration. The calculation shall be based on standard actuarial tables mainta…

Section 1540.125 Reversionary Annuity a) The reversionary annuity of a member who elects a reversionary annuity, who accepts the provisions of Article 20 of the Code, and who cashes or deposits the payment of a proportional annuity from another participating system prior to the d…

Section 1540.130 Pension Credit for Unused Sick Leave a) Credit for sick leave shall be determined on the basis of a 260-day work year. b) All unused sick days for which the employee receives credit shall be certified by the last employer responsible for maintaining a sick leave …

Section 1540.140 Removal of Children from Care of Surviving Spouse a) Children Under Age 18 If a spouse is receiving a widow's or survivors' annuity prior to age 50 because minor children of the member are under the care of the spouse and the children are legally removed by order…

Section 1540.150 Proof of Dependency In consideration of the payment of an occupational death benefit, survivors annuity or reversionary annuity, person or persons claiming such benefits as a dependent shall submit acceptable proof to the Board that the member was contributing at…

Section 1540.160 Investigations of Benefit Recipients a) The Board of Trustees of the State Employee's Retirement System recognizes its obligation to provide a systematic and ongoing program for the review and investigation of all benefits payable by the System to assure continue…

Section 1540.170 Interest on Member Contributions a) Credited 1) Interest credited on the member's individual account on and after July 1, 1981 shall be computed once a year at the rate of 6.5% per annum compounded annually on the balance at the beginning of each fiscal year and …

Section 1540.180 Date of Application – Retirement Annuity, Occupational and Nonoccupational and Temporary Disability Benefits, and Resignation Refund Payments A member's written request applying for benefit or resignation refund payment provided for in the Retirement System Act s…