Public Act 102-0797
 
HB5093 EnrolledLRB102 25944 NHT 35325 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Educational Labor Relations Act is 
amended  by changing Section 5 as follows:
 



    (115 ILCS 5/5)  (from Ch. 48, par. 1705)



    Sec. 5. Illinois Educational Labor Relations Board. 

    (a) There is hereby created the Illinois Educational Labor 
Relations
Board.

    (a-5) Until July 1, 2003 or when all of the new members to 
be initially
appointed under this amendatory Act of the 93rd 
General Assembly have been
appointed by the Governor, 
whichever occurs later, the Illinois Educational
Labor 
Relations Board shall consist of 7 members, no more
than 4 of 
whom may be of the same political party, who are residents of

Illinois appointed by the Governor with the advice and consent 
of the Senate.

    The term of each appointed member of the Board
who is in 
office on June 30, 2003 shall terminate at the close of 
business
on that date or when all of the new members to be 
initially appointed under
this amendatory Act of the 93rd 
General Assembly have been appointed by the
Governor, 
whichever occurs later.

    (b) Beginning on July 1, 2003 or when all of the new 
members to be
initially appointed under this amendatory Act of 
the 93rd General Assembly
have been appointed by the Governor, 
whichever occurs later, the Illinois
Educational Labor 
Relations Board shall consist of 5 members appointed by
the 
Governor with the advice and consent of the Senate.  No more 
than 3
members may be of the same political party.

    The Governor shall appoint to the Board only persons who 
are residents of
Illinois and have had a minimum of 5 years of 
experience directly related
to labor and employment relations 
in representing educational employers or
educational employees 
in collective bargaining matters.  One appointed member
shall 
be designated at the time of his or her appointment to serve as 
chairman.

    Of the initial members appointed pursuant to this

amendatory Act of the 93rd General Assembly, 2 shall be

designated at the time of appointment to serve a term of 6

years, 2 shall be designated at the time of appointment to 
serve a term
of 4 years,  and the other shall be designated at 
the time of his or her
appointment to serve a term of 4 years, 
with each to serve until his or her
successor is appointed and 
qualified. 

     Each subsequent member shall be appointed in like manner 
for a term
of 6 years and until his or her successor is 
appointed and qualified.  Each
member of the Board is eligible 
for reappointment.  Vacancies shall be filled
in the same 
manner as original appointments for the balance of the 
unexpired
term.

    (c) The chairman shall be paid $50,000 per year, or an 
amount set by
the Compensation Review Board, whichever is 
greater.  Other members of
the Board shall each be paid $45,000 
per year, or an amount set by the
Compensation Review Board, 
whichever is greater.  They shall be entitled
to reimbursement 
for necessary traveling and other official expenditures

necessitated by their official duties.

    Each member shall devote his entire time to the duties of 
the office,
and shall hold no other office or position of 
profit, nor engage in any
other business, employment or 
vocation.

    (d) Three members of the Board constitute a quorum and a

vacancy on the Board does not impair the right of the remaining 
members to
exercise all of the powers of the Board.

    (e) Any member of the Board may be removed by the Governor, 
upon notice,
for neglect of duty or malfeasance in office, but 
for no other cause.

    (f) The Board may appoint or employ an executive director, 
attorneys,
hearing officers, and such other employees as it 
deems necessary to perform
its functions, except that the 
Board shall employ a minimum of 8 attorneys and 5 
investigators.  The Board shall prescribe the duties and 
qualifications of
such persons appointed and, subject to the 
annual appropriation, fix their
compensation and provide for 
reimbursement of actual and necessary expenses
incurred in the 
performance of their duties.

    (g) The Board may promulgate rules and regulations which 
allow parties
in proceedings before the Board to be 
represented by counsel or any other
person knowledgeable in 
the matters under consideration.

    (h) To accomplish the objectives and to carry out the 
duties prescribed
by this Act, the Board may subpoena 
witnesses, subpoena the production of
books, papers, records 
and documents which may be needed as evidence on
any matter 
under inquiry and may administer oaths and affirmations.

    In cases of neglect or refusal to obey a subpoena issued to 
any person,
the circuit court in the county in which the 
investigation or the public
hearing is taking place, upon 
application by the Board, may issue an order
requiring such 
person to appear before the Board or any member or agent
of the 
Board to produce evidence or give testimony. A failure to obey 
such
order may be punished by the court as in civil contempt.

    Any subpoena, notice of hearing, or other process or 
notice of the Board
issued under the provisions of this Act may 
be served by one of the methods permitted in the Board's rules. 
personally, by
registered mail or by leaving a copy at the 
principal office of the respondent
required to be served. A 
return, made and verified by the individual making
such 
service and setting forth the manner of such service, is proof 
of
service.
A post office receipt, when registered mail is 
used, is proof of service.
All process of any court to which 
application may be made under the provisions
of this Act may be 
served in the county where the persons required to be
served 
reside or may be found.

    (i) The Board shall adopt, promulgate, amend, or rescind 
rules and
regulations in accordance with the Illinois 
Administrative
Procedure Act as it deems necessary and

feasible to carry out this Act.

    (j) The Board at the end of every State fiscal year shall 
make a report in
writing to the Governor and the General 
Assembly, stating in detail the work
it has done in hearing and 
deciding cases and otherwise.

(Source: P.A. 96-813, eff. 10-30-09.)