99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0221

 

Introduced 1/28/2015, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
115 ILCS 5/5  from Ch. 48, par. 1705

    Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning the Illinois Educational Labor Relations Board.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Educational Labor Relations Act is
5amended by changing Section 5 as follows:
 
6    (115 ILCS 5/5)  (from Ch. 48, par. 1705)
7    Sec. 5. Illinois Educational Labor Relations Board.
8    (a) There is hereby created the the Illinois Educational
9Labor Relations Board.
10    (a-5) Until July 1, 2003 or when all of the new members to
11be initially appointed under this amendatory Act of the 93rd
12General Assembly have been appointed by the Governor, whichever
13occurs later, the Illinois Educational Labor Relations Board
14shall consist of 7 members, no more than 4 of whom may be of the
15same political party, who are residents of Illinois appointed
16by the Governor with the advice and consent of the Senate.
17    The term of each appointed member of the Board who is in
18office on June 30, 2003 shall terminate at the close of
19business on that date or when all of the new members to be
20initially appointed under this amendatory Act of the 93rd
21General Assembly have been appointed by the Governor, whichever
22occurs later.
23    (b) Beginning on July 1, 2003 or when all of the new

 

 

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1members to be initially appointed under this amendatory Act of
2the 93rd General Assembly have been appointed by the Governor,
3whichever occurs later, the Illinois Educational Labor
4Relations Board shall consist of 5 members appointed by the
5Governor with the advice and consent of the Senate. No more
6than 3 members may be of the same political party.
7    The Governor shall appoint to the Board only persons who
8are residents of Illinois and have had a minimum of 5 years of
9experience directly related to labor and employment relations
10in representing educational employers or educational employees
11in collective bargaining matters. One appointed member shall be
12designated at the time of his or her appointment to serve as
13chairman.
14    Of the initial members appointed pursuant to this
15amendatory Act of the 93rd General Assembly, 2 shall be
16designated at the time of appointment to serve a term of 6
17years, 2 shall be designated at the time of appointment to
18serve a term of 4 years, and the other shall be designated at
19the time of his or her appointment to serve a term of 4 years,
20with each to serve until his or her successor is appointed and
21qualified.
22     Each subsequent member shall be appointed in like manner
23for a term of 6 years and until his or her successor is
24appointed and qualified. Each member of the Board is eligible
25for reappointment. Vacancies shall be filled in the same manner
26as original appointments for the balance of the unexpired term.

 

 

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1    (c) The chairman shall be paid $50,000 per year, or an
2amount set by the Compensation Review Board, whichever is
3greater. Other members of the Board shall each be paid $45,000
4per year, or an amount set by the Compensation Review Board,
5whichever is greater. They shall be entitled to reimbursement
6for necessary traveling and other official expenditures
7necessitated by their official duties.
8    Each member shall devote his entire time to the duties of
9the office, and shall hold no other office or position of
10profit, nor engage in any other business, employment or
11vocation.
12    (d) Three members of the Board constitute a quorum and a
13vacancy on the Board does not impair the right of the remaining
14members to exercise all of the powers of the Board.
15    (e) Any member of the Board may be removed by the Governor,
16upon notice, for neglect of duty or malfeasance in office, but
17for no other cause.
18    (f) The Board may appoint or employ an executive director,
19attorneys, hearing officers, and such other employees as it
20deems necessary to perform its functions, except that the Board
21shall employ a minimum of 8 attorneys and 5 investigators. The
22Board shall prescribe the duties and qualifications of such
23persons appointed and, subject to the annual appropriation, fix
24their compensation and provide for reimbursement of actual and
25necessary expenses incurred in the performance of their duties.
26    (g) The Board may promulgate rules and regulations which

 

 

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1allow parties in proceedings before the Board to be represented
2by counsel or any other person knowledgeable in the matters
3under consideration.
4    (h) To accomplish the objectives and to carry out the
5duties prescribed by this Act, the Board may subpoena
6witnesses, subpoena the production of books, papers, records
7and documents which may be needed as evidence on any matter
8under inquiry and may administer oaths and affirmations.
9    In cases of neglect or refusal to obey a subpoena issued to
10any person, the circuit court in the county in which the
11investigation or the public hearing is taking place, upon
12application by the Board, may issue an order requiring such
13person to appear before the Board or any member or agent of the
14Board to produce evidence or give testimony. A failure to obey
15such order may be punished by the court as in civil contempt.
16    Any subpoena, notice of hearing, or other process or notice
17of the Board issued under the provisions of this Act may be
18served personally, by registered mail or by leaving a copy at
19the principal office of the respondent required to be served. A
20return, made and verified by the individual making such service
21and setting forth the manner of such service, is proof of
22service. A post office receipt, when registered mail is used,
23is proof of service. All process of any court to which
24application may be made under the provisions of this Act may be
25served in the county where the persons required to be served
26reside or may be found.

 

 

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1    (i) The Board shall adopt, promulgate, amend, or rescind
2rules and regulations in accordance with the Illinois
3Administrative Procedure Act as it deems necessary and feasible
4to carry out this Act.
5    (j) The Board at the end of every State fiscal year shall
6make a report in writing to the Governor and the General
7Assembly, stating in detail the work it has done in hearing and
8deciding cases and otherwise.
9(Source: P.A. 96-813, eff. 10-30-09.)