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| Public Act 100-0516 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Labor Relations Act is | ||||
amended by changing Section 11 as follows:
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(5 ILCS 315/11) (from Ch. 48, par. 1611)
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Sec. 11. Unfair Labor Practice Procedures. Unfair labor | ||||
practices may
be dealt with by the Board in the following | ||||
manner:
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(a) Whenever it is charged that any person has engaged in | ||||
or is engaging
in any unfair labor practice, the Board or any | ||||
agent designated by the Board
for such purposes, shall conduct | ||||
an investigation of the charge. If after
such investigation the | ||||
Board finds that the charge involves a dispositive
issue of law | ||||
or fact the Board shall issue a complaint and cause to be
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served upon the person a complaint stating the charges, | ||||
accompanied by a
notice of hearing before the Board or a member | ||||
thereof designated by the
Board, or before a qualified hearing | ||||
officer designated by the Board at the
offices of the Board or | ||||
such other location as the Board deems appropriate,
not less | ||||
than 5 days after serving of such complaint provided that no
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complaint shall issue based upon any unfair labor practice | ||||
occurring more
than six months prior to the filing of a charge | ||||
with the Board and
the service of a copy thereof upon the | ||
person against whom the charge is
made, unless the person | ||
aggrieved thereby did not reasonably have knowledge
of the | ||
alleged unfair labor practice or was prevented from filing such | ||
a
charge by reason of service in the armed forces, in which | ||
event the six
month period shall be computed from the date of | ||
his discharge. Any such
complaint may be amended by the member | ||
or hearing officer conducting the
hearing for the Board in his | ||
discretion at any time prior to the issuance
of an order based | ||
thereon. The person who is the subject of the complaint
has the | ||
right to file an answer to the original or amended complaint | ||
and
to appear in person or by a representative and give | ||
testimony at the place
and time fixed in the complaint. In the | ||
discretion of the member or hearing
officer conducting the | ||
hearing or the Board, any other person may be allowed
to | ||
intervene in the proceeding and to present testimony. In any | ||
hearing
conducted by the Board, neither the Board nor the | ||
member or agent conducting
the hearing shall be bound by the | ||
rules of evidence applicable to courts,
except as to the rules | ||
of privilege recognized by law.
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(b) The Board shall have the power to issue subpoenas and | ||
administer oaths.
If any party wilfully fails or neglects to | ||
appear or testify or to produce
books, papers and records | ||
pursuant to the issuance of a subpoena by the
Board, the Board | ||
may apply to a court of competent jurisdiction to request
that | ||
such party be ordered to appear before the Board to testify or | ||
produce
the requested evidence.
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(c) Any testimony taken by the Board, or a member | ||
designated by the Board
or a hearing officer thereof, must be | ||
reduced to writing and filed with the
Board. A full and | ||
complete record shall be kept of all proceedings before
the | ||
Board, and all proceedings shall be transcribed by a reporter | ||
appointed
by the Board. The party on whom the burden of proof | ||
rests shall be required
to sustain such burden by a | ||
preponderance of the evidence. If, upon a
preponderance of the | ||
evidence taken, the Board is of the opinion that any
person | ||
named in the charge has engaged in or is engaging in an unfair | ||
labor
practice, then it shall state its findings of fact and | ||
shall issue and
cause to be served upon the person an order | ||
requiring him to cease and
desist from the unfair labor | ||
practice, and to take such affirmative action,
including | ||
reinstatement of public employees with or without back pay, as
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will effectuate the policies of this Act. If the Board awards | ||
back pay, it
shall also award interest at the rate of 7% per | ||
annum. The Board's order
may further require the person to make | ||
reports from time to time,
and demonstrate the extent to which | ||
he has complied with the order. If
there is no preponderance of | ||
evidence to indicate to the Board that the
person named in the | ||
charge has engaged in or is engaging in the unfair labor
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practice, then the Board shall state its findings of fact and | ||
shall issue
an order dismissing the complaint.
The Board's | ||
order may in its discretion also include an appropriate
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sanction, based on the Board's rules and regulations, and the | ||
sanction may
include an order to pay the other party or | ||
parties' reasonable expenses
including costs and reasonable | ||
attorney's fee, 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 the | ||
provisions of this sentence in the same
manner as any other | ||
party.
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(d) Until the record in a case has been filed in court, the | ||
Board at any
time, upon reasonable notice and in such manner as | ||
it deems proper, may
modify or set aside, in whole or in part, | ||
any finding or order made or
issued by it.
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(e) A charging party or any person aggrieved by a final | ||
order of the Board
granting or denying in whole or in part the | ||
relief sought may apply for
and obtain judicial review of an | ||
order of the Board entered under this Act,
in accordance with | ||
the provisions of the Administrative Review Law, as now
or | ||
hereafter amended, except that such judicial review shall be | ||
afforded
directly in the appellate court for the district in | ||
which the aggrieved
party resides or transacts business, and | ||
provided, that such judicial
review shall not be available for | ||
the purpose of challenging a final order
issued by the Board | ||
pursuant to Section 9 of this Act for which judicial
review has | ||
been petitioned pursuant to subsection (i) of Section 9. Any
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direct appeal to the Appellate Court shall be filed within 35 | ||
days from the
date that a copy of the decision sought to be | ||
reviewed was served upon the
party affected by the decision. | ||
The filing of such an appeal to the Appellate Court shall not | ||
automatically stay the enforcement of the Board's order. An | ||
aggrieved party may apply to the Appellate Court for a stay of | ||
the enforcement of the Board's order after the aggrieved party | ||
has followed the procedure prescribed by Supreme Court Rule | ||
335. The
Board in proceedings under this
Section may obtain an | ||
order of the court for the enforcement of its order.
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(f) Whenever it appears that any person has violated a | ||
final order of
the Board issued pursuant to this Section, the | ||
Board must commence an action
in the name of the People of the | ||
State of Illinois by petition, alleging
the violation, | ||
attaching a copy of the order of the Board, and praying for
the | ||
issuance of an order directing the person, his officers, | ||
agents, servants,
successors, and assigns to comply with the | ||
order of the Board.
The Board shall be represented in this | ||
action by the Attorney General in
accordance with the Attorney | ||
General Act. The court may grant or refuse, in
whole or in | ||
part, the relief sought, provided that the court may stay an
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order of the Board in accordance with the Administrative Review | ||
Law,
pending disposition of the proceedings. The court may | ||
punish a violation of
its order as in civil contempt.
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(g) The proceedings provided in paragraph (f) of this | ||
Section shall be
commenced in the Appellate Court for the | ||
district where the unfair labor
practice which is the subject | ||
of the Board's order was committed, or where
a person required | ||
to cease and desist by such order resides or transacts | ||
business.
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(h) The Board through the Attorney General, shall have | ||
power, upon issuance
of an unfair labor practice complaint | ||
alleging that a person has engaged
in or is engaging in an | ||
unfair labor practice, to petition the circuit court
where the | ||
alleged unfair labor practice which is the subject of the | ||
Board's
complaint was allegedly committed, or where a person | ||
required to cease and
desist from such alleged unfair labor | ||
practice resides or transacts business,
for appropriate | ||
temporary relief or restraining order. Upon the filing of
any | ||
such petition, the court shall cause notice thereof to be | ||
served upon
such persons, and thereupon shall have jurisdiction | ||
to grant to the Board
such temporary relief or restraining | ||
order as it deems just and proper.
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(i) If an unfair labor practice charge involves the | ||
interpretation or
application of a collective bargaining | ||
agreement and said agreement contains
a grievance procedure | ||
with binding arbitration as its terminal step, the
Board may | ||
defer the resolution of such dispute to the grievance and | ||
arbitration
procedure contained in said agreement.
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(Source: P.A. 87-736; 88-1.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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