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 litigation for the purpose of delay or needless increase in the cost of litigation.  The State of Illinois or any agency thereof shall be subject to these provisions in the same manner as any other party. (Section 15 of the Act)

b)         The Board may award sanctions for such written allegations or denials, including statements stenographically recorded during the course of Board proceedings.

c)         The sanction may include an admonition or reprimand; striking an offending allegation or denial; an order to pay the other party or parties' reasonable expenses including costs and reasonable attorney's fees (Section 15 of the Act) or an appropriate portion thereof; and/or any other appropriate sanction.  Sanctions are to be awarded only against a party or parties to the proceeding.

d)         Any party to an unfair labor practice proceeding may move for sanctions. The motion for sanctions must be a succinct statement identifying the allegations and/or denials and/or incidents of frivolous litigation alleged to be subject to sanctions, with citations to the record, and succinct arguments.  The party subject to the motion for sanctions shall have 14 days after service of the motion to respond or withdraw the paper or position that is the basis of the motion.  Neither the motion for sanctions nor the response may be used as an additional brief on the merits of the underlying case.

1)         Motions for sanctions may be filed with the Executive Director while an unfair labor practice charge is pending before the Executive Director.  These motions shall be filed no later than 7 days after receipt of the Executive Director's notice that investigation of the unfair labor practice charge has been completed or that a party has withdrawn the unfair labor practice charge. Sanctions before the Executive Director may only be sought for instances of frivolous litigation.

2)         Once an unfair labor practice complaint has been issued, motions for sanctions may be filed with the Administrative Law Judge or, in the event that an Administrative Law Judge has not been named, with the General Counsel, while an unfair labor practice complaint is pending before the Administrative Law Judge or the General Counsel.  These motions shall be filed no later than 7 days after receipt of the last post-hearing brief scheduled to be filed, or no later than 7 days after the close of the hearing, if no briefs are to be filed.  Sanctions before the Administrative Law Judge or General Counsel may be sought for both allegations or denials made without reasonable cause and found to be untrue and/or instances of frivolous litigation.

3)         Once the Administrative Law Judge has issued a Recommended Decision and Order, or the Executive Director has issued a Recommended Decision and Order dismissing an unfair labor practice charge, the Recommended Decision and Order is pending before the Board.  These motions shall be filed no later than 7 days after receipt of the last brief scheduled to be filed with the Board, or no later than 7 days after oral argument before the Board, if argument occurs after all briefing is completed.  Sanctions before the Board may be sought for both allegations or denials made without reasonable cause and found to be untrue and/or instances of frivolous litigation.

e)         A party may request sanctions from the Board for an allegation or denial made without reasonable cause and found to be untrue (Section 15 of the Act) even though it did not move for sanctions on that allegation or denial before the Administrative Law Judge, and even though the Administrative Law Judge did not recommend sanctions on the allegation or denial.

f)         A party may not request sanctions from the Board for alleged frivolous litigation for the purpose of delay or needless increase in the cost of litigation before the Executive Director or Administrative Law Judge, unless it requested sanctions from the Executive Director or Administrative Law Judge as to the alleged incident of frivolous litigation, or unless the Executive Director or Administrative Law Judge recommended sanctions as to the alleged incident of frivolous litigation.

g)         Except as provided in subsection (h), an order for sanctions shall be included in the Executive Director's Recommended Decision and Order, the Administrative Law Judge's Recommended Decision and Order, or the Board's Opinion and Order.

h)         If neither party has moved for sanctions, the Executive Director, Administrative Law Judge, or Board may sua sponte issue an Order to Show Cause why this Part has not been violated.  The party or parties to whom the Order to Show Cause is directed shall have 14 days from the service of that Order to file a response.  Any other party or parties shall have 14 days from service of that response within which to file a reply.  The Order to Show Cause shall recite the conduct or circumstances at issue.

i)          An order leveling sanctions shall recite the conduct or circumstances for which sanctions are sought, and explain the basis for the sanction imposed.

j)          These amendments apply to allegations or denials and frivolous litigation occurring on or after January 1, 1992. 

(Source:  Amended at 41 Ill. Reg. 10614, effective August 1, 2017)