Section 1220.100  Unfair Labor Practice Charges Involving Fair Share Fees

a)         Unfair labor practice charges that proportionate share fees violate the Act shall be filed and processed in accordance with this Part.

b)         The Board shall consolidate charges involving proportionate share fees in accordance with 80 Ill. Adm. Code 1200.105.  Specifically, the Board shall consolidate in a single proceeding all proportionate share fee charges involving the same bargaining unit.  The Board shall consolidate charges involving two or more bargaining units whenever it determines that the exclusive representatives are affiliated with a common employee organization, the exclusive representatives use similar methods for determining fair share fees, the consolidation would not prejudice the constitutional and statutory rights of the objecting employees, and the consolidation would resolve the charges in an efficient manner.

c)         In hearings on fair share fee charges, the exclusive representative shall have the burden of proving how the fair share fee was calculated and that the fee did not exceed the employee's proportionate share of the costs of the collective bargaining process, contract administration and pursuing matters affecting wages, hours and conditions of employment. (Sections 3(g) and (e) of the Act)

(Source:  Amended at 27 Ill. Reg. 7436, effective May 1, 2003)