TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1110 REPRESENTATION PROCEDURES
SECTION 1110.150 OBJECTIONS TO THE ELECTION
Section 1110.150 Objections to the Election
a) Any party to the election may file objections with the Board alleging that improper conduct occurred which affected the outcome of the election (Section 8 of the Act). b) Objections must be received by the Board no later than five working days after the final tally was served on the representatives. For purposes of this rule, a working day is any day on which the Board offices are open for business. Pending challenges to ballots shall not stay the time for filing objections.
c) The objecting party shall furnish evidence to the Executive Director sufficient to provide a prima facie case in support of the objections before any investigation commences.
d) The evidence described above in paragraph (c) (except for affidavits) must also be served simultaneously on all parties involved in the matter and proof of service must be provided to the Board.
e) The evidence for each objection filed must include the following facts:
1) The date on which the alleged improper conduct took place;
2) The location at which the alleged misconduct took place;
3) The name and job title of the person who allegedly engaged in the improper conduct; and,
4) A statement or description of the alleged improper conduct.
f) Failure to provide the evidence described above in subsections (c), (d), and (e) within five working days after filing the objections shall subject the objections to dismissal.
g) The Board shall promptly investigate the allegations, and if it finds probable cause that improper conduct occurred and could have affected the outcome of the election, it shall set a hearing on the matter on a date falling within two weeks of when it received the objections. If it determines, after hearing, that the outcome of the election was affected by improper conduct, it shall order a new election and shall order corrective action which it considers necessary to insure the fairness of the new election. If it determines upon investigation that the alleged improper conduct did not take place or that it did not affect the outcome of the election, it shall promptly certify the election results (Section 8 of the Act).
(Source: Amended at 14 Ill. Reg. 1297, effective January 5, 1990)