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| Public Act 102-0797 | ||||
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AN ACT concerning education.
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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 Educational Labor Relations Act is | ||||
amended by changing Section 5 as follows:
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(115 ILCS 5/5) (from Ch. 48, par. 1705)
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Sec. 5. Illinois Educational Labor Relations Board.
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(a) There is hereby created the Illinois Educational Labor | ||||
Relations
Board.
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(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
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Illinois appointed by the Governor with the advice and consent | ||||
of the Senate.
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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.
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(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.
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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.
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Of the initial members appointed pursuant to this
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amendatory Act of the 93rd General Assembly, 2 shall be
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designated at the time of appointment to serve a term of 6
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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.
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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.
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(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
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necessitated by their official duties.
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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.
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(d) Three members of the Board constitute a quorum and a
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vacancy on the Board does not impair the right of the remaining | ||
members to
exercise all of the powers of the Board.
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(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.
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(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.
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(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.
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(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.
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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.
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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.
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(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
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feasible to carry out this Act.
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(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.
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(Source: P.A. 96-813, eff. 10-30-09.)
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