TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1110 REPRESENTATION PROCEDURES
SECTION 1110.180 PETITIONS FOR SELF-DETERMINATION


 

Section 1110.180  Petitions for Self-Determination

 

a)         Adding to an Existing Bargaining Unit

 

1)         A self-determination petition to add unrepresented employees to an existing bargaining unit, where a question concerning representation would be presented by their inclusion, may be filed by an employee, a group of employees, or exclusive representative of the existing bargaining unit.  The Board shall serve the petition on the appropriate parties.  The petition shall be on a form developed by the Board.  It shall be signed and shall contain the following:

 

A)        the name and address of the petitioner;

 

B)        the name, address and affiliation, if any, of the exclusive representative;

 

C)        the name and address of the employer;

 

D)        a description of the bargaining unit;

 

E)        the approximate number of employees in the bargaining unit;

 

F)        a description of the employees who would be added to the existing unit;

 

G)        the approximate number of employees who would be added;

 

H)         a statement whether the petitioner intends to use the majority interest procedure or the election procedure;

 

I)          the date that the exclusive representative was recognized and the method of recognition, if known; and

 

J)          a brief description of any collective bargaining agreements covering any employees in the bargaining unit, and the expiration dates of the agreements.

 

2)         A self-determination petition seeking an election shall be accompanied by a showing of interest that at least 30 percent of the employees sought to be added to the existing unit wish to be represented by the exclusive representative.  A majority interest self-determination petition shall be accompanied by a showing of majority interest among the employees sought to be added to the existing unit.

 

3)         In any election conducted pursuant to this subsection, only those employees that the petition seeks to add to the unit shall vote on the question of representation.  In any majority interest proceeding conducted pursuant to this subsection, a showing of majority interest among only the employees the petition seeks to add to the unit shall be required.

 

4)         No unit will include both professional employees and nonprofessional employees unless a majority of employees in each group vote for inclusion in the unit  (Section 7 of the Act).

 

b)        Merging Bargaining Units

 

1)         A petition to merge two or more existing bargaining units, where a question concerning representation would not be presented by their inclusion, may be filed by an employee, a group of employees, or exclusive representative of either existing bargaining unit.  The Board shall serve the petition on the appropriate parties.  The petition shall be on a form developed by the Board.  It shall be signed and shall contain the following:

 

A)        the name and address of the petitioner;

 

B)        the name, address and affiliation, if any, of the exclusive representative;

 

C)        the name and address of the employer;

 

D)        a description of the proposed bargaining unit;

 

E)        the approximate number of employees in the proposed bargaining unit;

 

F)         a description of the employees in each of the existing units;

 

G)         the approximate number of employees who would be added in each existing unit;

 

H)         the date that the exclusive representative was recognized and the method of recognition, if known; and

 

I)          a brief description of any collective bargaining agreements covering any employees in the bargaining units, and the expiration dates of the agreements.

 

2)         In any election conducted pursuant to this subsection, employees shall vote only on the question of unit merger.

 

3)         No unit will include both professional employees and nonprofessional employees unless a majority of employees in each group vote for inclusion in that unit (Section 7 of the Act).

 

(Source:  Amended at 28 Ill. Reg. 7938, effective May 28, 2004)