Illinois General Assembly - Full Text of HB2521
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Full Text of HB2521  102nd General Assembly

HB2521enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB2521 EnrolledLRB102 14009 RJF 19361 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 9 and 10 as follows:
 
6    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
7    Sec. 9. Elections; recognition.
8    (a) Whenever in accordance with such regulations as may be
9prescribed by the Board a petition has been filed:
10        (1) by a public employee or group of public employees
11    or any labor organization acting in their behalf
12    demonstrating that 30% of the public employees in an
13    appropriate unit (A) wish to be represented for the
14    purposes of collective bargaining by a labor organization
15    as exclusive representative, or (B) asserting that the
16    labor organization which has been certified or is
17    currently recognized by the public employer as bargaining
18    representative is no longer the representative of the
19    majority of public employees in the unit; or
20        (2) by a public employer alleging that one or more
21    labor organizations have presented to it a claim that they
22    be recognized as the representative of a majority of the
23    public employees in an appropriate unit, the Board shall

 

 

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1    investigate such petition, and if it has reasonable cause
2    to believe that a question of representation exists, shall
3    provide for an appropriate hearing upon due notice. Such
4    hearing shall be held at the offices of the Board or such
5    other location as the Board deems appropriate. If it finds
6    upon the record of the hearing that a question of
7    representation exists, it shall direct an election in
8    accordance with subsection (d) of this Section, which
9    election shall be held not later than 120 days after the
10    date the petition was filed regardless of whether that
11    petition was filed before or after the effective date of
12    this amendatory Act of 1987; provided, however, the Board
13    may extend the time for holding an election by an
14    additional 60 days if, upon motion by a person who has
15    filed a petition under this Section or is the subject of a
16    petition filed under this Section and is a party to such
17    hearing, or upon the Board's own motion, the Board finds
18    that good cause has been shown for extending the election
19    date; provided further, that nothing in this Section shall
20    prohibit the Board, in its discretion, from extending the
21    time for holding an election for so long as may be
22    necessary under the circumstances, where the purpose for
23    such extension is to permit resolution by the Board of an
24    unfair labor practice charge filed by one of the parties
25    to a representational proceeding against the other based
26    upon conduct which may either affect the existence of a

 

 

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1    question concerning representation or have a tendency to
2    interfere with a fair and free election, where the party
3    filing the charge has not filed a request to proceed with
4    the election; and provided further that prior to the
5    expiration of the total time allotted for holding an
6    election, a person who has filed a petition under this
7    Section or is the subject of a petition filed under this
8    Section and is a party to such hearing or the Board, may
9    move for and obtain the entry of an order in the circuit
10    court of the county in which the majority of the public
11    employees sought to be represented by such person reside,
12    such order extending the date upon which the election
13    shall be held. Such order shall be issued by the circuit
14    court only upon a judicial finding that there has been a
15    sufficient showing that there is good cause to extend the
16    election date beyond such period and shall require the
17    Board to hold the election as soon as is feasible given the
18    totality of the circumstances. Such 120 day period may be
19    extended one or more times by the agreement of all parties
20    to the hearing to a date certain without the necessity of
21    obtaining a court order. The showing of interest in
22    support of a petition filed under paragraph (1) of this
23    subsection (a) may be evidenced by electronic
24    communications, and such writing or communication may be
25    evidenced by the electronic signature of the employee as
26    provided under Section 5-120 of the Electronic Commerce

 

 

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1    Security Act. The showing of interest shall be valid only
2    if signed within 12 months prior to the filing of the
3    petition. Nothing in this Section prohibits the waiving of
4    hearings by stipulation for the purpose of a consent
5    election in conformity with the rules and regulations of
6    the Board or an election in a unit agreed upon by the
7    parties. Other interested employee organizations may
8    intervene in the proceedings in the manner and within the
9    time period specified by rules and regulations of the
10    Board. Interested parties who are necessary to the
11    proceedings may also intervene in the proceedings in the
12    manner and within the time period specified by the rules
13    and regulations of the Board.
14    (a-5) The Board shall designate an exclusive
15representative for purposes of collective bargaining when the
16representative demonstrates a showing of majority interest by
17employees in the unit. If the parties to a dispute are without
18agreement on the means to ascertain the choice, if any, of
19employee organization as their representative, the Board shall
20ascertain the employees' choice of employee organization, on
21the basis of dues deduction authorization or other evidence,
22or, if necessary, by conducting an election. The showing of
23interest in support of a petition filed under this subsection
24(a-5) may be evidenced by electronic communications, and such
25writing or communication may be evidenced by the electronic
26signature of the employee as provided under Section 5-120 of

 

 

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1the Electronic Commerce Security Act. The showing of interest
2shall be valid only if signed within 12 months prior to the
3filing of the petition. All evidence submitted by an employee
4organization to the Board to ascertain an employee's choice of
5an employee organization is confidential and shall not be
6submitted to the employer for review. The Board shall
7ascertain the employee's choice of employee organization
8within 120 days after the filing of the majority interest
9petition; however, the Board may extend time by an additional
1060 days, upon its own motion or upon the motion of a party to
11the proceeding. If either party provides to the Board, before
12the designation of a representative, clear and convincing
13evidence that the dues deduction authorizations, and other
14evidence upon which the Board would otherwise rely to
15ascertain the employees' choice of representative, are
16fraudulent or were obtained through coercion, the Board shall
17promptly thereafter conduct an election. The Board shall also
18investigate and consider a party's allegations that the dues
19deduction authorizations and other evidence submitted in
20support of a designation of representative without an election
21were subsequently changed, altered, withdrawn, or withheld as
22a result of employer fraud, coercion, or any other unfair
23labor practice by the employer. If the Board determines that a
24labor organization would have had a majority interest but for
25an employer's fraud, coercion, or unfair labor practice, it
26shall designate the labor organization as an exclusive

 

 

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1representative without conducting an election. If a hearing is
2necessary to resolve any issues of representation under this
3Section, the Board shall conclude its hearing process and
4issue a certification of the entire appropriate unit not later
5than 120 days after the date the petition was filed. The
6120-day period may be extended one or more times by the
7agreement of all parties to a hearing to a date certain.
8    (a-6) A labor organization or an employer may file a unit
9clarification petition seeking to clarify an existing
10bargaining unit. The Board shall conclude its investigation,
11including any hearing process deemed necessary, and issue a
12certification of clarified unit or dismiss the petition not
13later than 120 days after the date the petition was filed. The
14120-day period may be extended one or more times by the
15agreement of all parties to a hearing to a date certain.
16    (b) The Board shall decide in each case, in order to assure
17public employees the fullest freedom in exercising the rights
18guaranteed by this Act, a unit appropriate for the purpose of
19collective bargaining, based upon but not limited to such
20factors as: historical pattern of recognition; community of
21interest including employee skills and functions; degree of
22functional integration; interchangeability and contact among
23employees; fragmentation of employee groups; common
24supervision, wages, hours and other working conditions of the
25employees involved; and the desires of the employees. For
26purposes of this subsection, fragmentation shall not be the

 

 

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1sole or predominant factor used by the Board in determining an
2appropriate bargaining unit. Except with respect to non-State
3fire fighters and paramedics employed by fire departments and
4fire protection districts, non-State peace officers and peace
5officers in the State Department of State Police, a single
6bargaining unit determined by the Board may not include both
7supervisors and nonsupervisors, except for bargaining units in
8existence on the effective date of this Act. With respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers and peace officers in the State Department of State
12Police, a single bargaining unit determined by the Board may
13not include both supervisors and nonsupervisors, except for
14bargaining units in existence on the effective date of this
15amendatory Act of 1985.
16    In cases involving an historical pattern of recognition,
17and in cases where the employer has recognized the union as the
18sole and exclusive bargaining agent for a specified existing
19unit, the Board shall find the employees in the unit then
20represented by the union pursuant to the recognition to be the
21appropriate unit.
22    Notwithstanding the above factors, where the majority of
23public employees of a craft so decide, the Board shall
24designate such craft as a unit appropriate for the purposes of
25collective bargaining.
26    The Board shall not decide that any unit is appropriate if

 

 

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1such unit includes both professional and nonprofessional
2employees, unless a majority of each group votes for inclusion
3in such unit.
4    (c) Nothing in this Act shall interfere with or negate the
5current representation rights or patterns and practices of
6labor organizations which have historically represented public
7employees for the purpose of collective bargaining, including
8but not limited to the negotiations of wages, hours and
9working conditions, discussions of employees' grievances,
10resolution of jurisdictional disputes, or the establishment
11and maintenance of prevailing wage rates, unless a majority of
12employees so represented express a contrary desire pursuant to
13the procedures set forth in this Act.
14    (d) In instances where the employer does not voluntarily
15recognize a labor organization as the exclusive bargaining
16representative for a unit of employees, the Board shall
17determine the majority representative of the public employees
18in an appropriate collective bargaining unit by conducting a
19secret ballot election, except as otherwise provided in
20subsection (a-5). Such a secret ballot election may be
21conducted electronically, using an electronic voting system,
22in addition to paper ballot voting systems. Within 7 days
23after the Board issues its bargaining unit determination and
24direction of election or the execution of a stipulation for
25the purpose of a consent election, the public employer shall
26submit to the labor organization the complete names and

 

 

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1addresses of those employees who are determined by the Board
2to be eligible to participate in the election. When the Board
3has determined that a labor organization has been fairly and
4freely chosen by a majority of employees in an appropriate
5unit, it shall certify such organization as the exclusive
6representative. If the Board determines that a majority of
7employees in an appropriate unit has fairly and freely chosen
8not to be represented by a labor organization, it shall so
9certify. The Board may also revoke the certification of the
10public employee organizations as exclusive bargaining
11representatives which have been found by a secret ballot
12election to be no longer the majority representative.
13    (e) The Board shall not conduct an election in any
14bargaining unit or any subdivision thereof within which a
15valid election has been held in the preceding 12-month period.
16The Board shall determine who is eligible to vote in an
17election and shall establish rules governing the conduct of
18the election or conduct affecting the results of the election.
19The Board shall include on a ballot in a representation
20election a choice of "no representation". A labor organization
21currently representing the bargaining unit of employees shall
22be placed on the ballot in any representation election. In any
23election where none of the choices on the ballot receives a
24majority, a runoff election shall be conducted between the 2
25choices receiving the largest number of valid votes cast in
26the election. A labor organization which receives a majority

 

 

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1of the votes cast in an election shall be certified by the
2Board as exclusive representative of all public employees in
3the unit.
4    (f) A labor organization shall be designated as the
5exclusive representative by a public employer, provided that
6the labor organization represents a majority of the public
7employees in an appropriate unit. Any employee organization
8which is designated or selected by the majority of public
9employees, in a unit of the public employer having no other
10recognized or certified representative, as their
11representative for purposes of collective bargaining may
12request recognition by the public employer in writing. The
13public employer shall post such request for a period of at
14least 20 days following its receipt thereof on bulletin boards
15or other places used or reserved for employee notices.
16    (g) Within the 20-day period any other interested employee
17organization may petition the Board in the manner specified by
18rules and regulations of the Board, provided that such
19interested employee organization has been designated by at
20least 10% of the employees in an appropriate bargaining unit
21which includes all or some of the employees in the unit
22recognized by the employer. In such event, the Board shall
23proceed with the petition in the same manner as provided by
24paragraph (1) of subsection (a) of this Section.
25    (h) No election shall be directed by the Board in any
26bargaining unit where there is in force a valid collective

 

 

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1bargaining agreement. The Board, however, may process an
2election petition filed between 90 and 60 days prior to the
3expiration of the date of an agreement, and may further
4refine, by rule or decision, the implementation of this
5provision. Where more than 4 years have elapsed since the
6effective date of the agreement, the agreement shall continue
7to bar an election, except that the Board may process an
8election petition filed between 90 and 60 days prior to the end
9of the fifth year of such an agreement, and between 90 and 60
10days prior to the end of each successive year of such
11agreement.
12    (i) An order of the Board dismissing a representation
13petition, determining and certifying that a labor organization
14has been fairly and freely chosen by a majority of employees in
15an appropriate bargaining unit, determining and certifying
16that a labor organization has not been fairly and freely
17chosen by a majority of employees in the bargaining unit or
18certifying a labor organization as the exclusive
19representative of employees in an appropriate bargaining unit
20because of a determination by the Board that the labor
21organization is the historical bargaining representative of
22employees in the bargaining unit, is a final order. Any person
23aggrieved by any such order issued on or after the effective
24date of this amendatory Act of 1987 may apply for and obtain
25judicial review in accordance with provisions of the
26Administrative Review Law, as now or hereafter amended, except

 

 

HB2521 Enrolled- 12 -LRB102 14009 RJF 19361 b

1that such review shall be afforded directly in the Appellate
2Court for the district in which the aggrieved party resides or
3transacts business. Any direct appeal to the Appellate Court
4shall be filed within 35 days from the date that a copy of the
5decision sought to be reviewed was served upon the party
6affected by the decision.
7(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
8    (5 ILCS 315/10)  (from Ch. 48, par. 1610)
9    Sec. 10. Unfair labor practices.
10    (a) It shall be an unfair labor practice for an employer or
11its agents:
12        (1) to interfere with, restrain or coerce public
13    employees in the exercise of the rights guaranteed in this
14    Act or to dominate or interfere with the formation,
15    existence or administration of any labor organization or
16    contribute financial or other support to it; provided, an
17    employer shall not be prohibited from permitting employees
18    to confer with him during working hours without loss of
19    time or pay;
20        (2) to discriminate in regard to hire or tenure of
21    employment or any term or condition of employment in order
22    to encourage or discourage membership in or other support
23    for any labor organization. Nothing in this Act or any
24    other law precludes a public employer from making an
25    agreement with a labor organization to require as a

 

 

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1    condition of employment the payment of a fair share under
2    paragraph (e) of Section 6;
3        (3) to discharge or otherwise discriminate against a
4    public employee because he has signed or filed an
5    affidavit, petition or charge or provided any information
6    or testimony under this Act;
7        (4) to refuse to bargain collectively in good faith
8    with a labor organization which is the exclusive
9    representative of public employees in an appropriate unit,
10    including, but not limited to, the discussing of
11    grievances with the exclusive representative;
12        (5) to violate any of the rules and regulations
13    established by the Board with jurisdiction over them
14    relating to the conduct of representation elections or the
15    conduct affecting the representation elections;
16        (6) to expend or cause the expenditure of public funds
17    to any external agent, individual, firm, agency,
18    partnership or association in any attempt to influence the
19    outcome of representational elections held pursuant to
20    Section 9 of this Act; provided, that nothing in this
21    subsection shall be construed to limit an employer's right
22    to internally communicate with its employees as provided
23    in subsection (c) of this Section, to be represented on
24    any matter pertaining to unit determinations, unfair labor
25    practice charges or pre-election conferences in any formal
26    or informal proceeding before the Board, or to seek or

 

 

HB2521 Enrolled- 14 -LRB102 14009 RJF 19361 b

1    obtain advice from legal counsel. Nothing in this
2    paragraph shall be construed to prohibit an employer from
3    expending or causing the expenditure of public funds on,
4    or seeking or obtaining services or advice from, any
5    organization, group, or association established by and
6    including public or educational employers, whether covered
7    by this Act, the Illinois Educational Labor Relations Act
8    or the public employment labor relations law of any other
9    state or the federal government, provided that such
10    services or advice are generally available to the
11    membership of the organization, group or association, and
12    are not offered solely in an attempt to influence the
13    outcome of a particular representational election;
14        (7) to refuse to reduce a collective bargaining
15    agreement to writing or to refuse to sign such agreement;
16        (8) to interfere with, restrain, coerce, deter, or
17    discourage public employees or applicants to be public
18    employees from: (i) becoming or remaining members of a
19    labor organization; (ii) authorizing representation by a
20    labor organization; or (iii) authorizing dues or fee
21    deductions to a labor organization, nor shall the employer
22    intentionally permit outside third parties to use its
23    email or other communication systems to engage in that
24    conduct. An employer's good faith implementation of a
25    policy to block the use of its email or other
26    communication systems for such purposes shall be a defense

 

 

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1    to an unfair labor practice; or
2        (9) to disclose to any person or entity information
3    set forth in subsection (c-5) of Section 6 of this Act that
4    the employer knows or should know will be used to
5    interfere with, restrain, coerce, deter, or discourage any
6    public employee from: (i) becoming or remaining members of
7    a labor organization, (ii) authorizing representation by a
8    labor organization, or (iii) authorizing dues or fee
9    deductions to a labor organization; or .
10        (10) to promise, threaten, or take any action: (i) to
11    permanently replace an employee who participates in a
12    lawful strike as provided under Section 17; (ii) to
13    discriminate against an employee who is working or has
14    unconditionally offered to return to work for the employer
15    because the employee supported or participated in such a
16    lawful strike; or (iii) to lockout, suspend, or otherwise
17    withhold employment from employees in order to influence
18    the position of such employees or the representative of
19    such employees in collective bargaining prior to a lawful
20    strike.
21    (b) It shall be an unfair labor practice for a labor
22organization or its agents:
23        (1) to restrain or coerce public employees in the
24    exercise of the rights guaranteed in this Act, provided,
25    (i) that this paragraph shall not impair the right of a
26    labor organization to prescribe its own rules with respect

 

 

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1    to the acquisition or retention of membership therein or
2    the determination of fair share payments and (ii) that a
3    labor organization or its agents shall commit an unfair
4    labor practice under this paragraph in duty of fair
5    representation cases only by intentional misconduct in
6    representing employees under this Act;
7        (2) to restrain or coerce a public employer in the
8    selection of his representatives for the purposes of
9    collective bargaining or the settlement of grievances; or
10        (3) to cause, or attempt to cause, an employer to
11    discriminate against an employee in violation of
12    subsection (a)(2);
13        (4) to refuse to bargain collectively in good faith
14    with a public employer, if it has been designated in
15    accordance with the provisions of this Act as the
16    exclusive representative of public employees in an
17    appropriate unit;
18        (5) to violate any of the rules and regulations
19    established by the boards with jurisdiction over them
20    relating to the conduct of representation elections or the
21    conduct affecting the representation elections;
22        (6) to discriminate against any employee because he
23    has signed or filed an affidavit, petition or charge or
24    provided any information or testimony under this Act;
25        (7) to picket or cause to be picketed, or threaten to
26    picket or cause to be picketed, any public employer where

 

 

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1    an object thereof is forcing or requiring an employer to
2    recognize or bargain with a labor organization of the
3    representative of its employees, or forcing or requiring
4    the employees of an employer to accept or select such
5    labor organization as their collective bargaining
6    representative, unless such labor organization is
7    currently certified as the representative of such
8    employees:
9            (A) where the employer has lawfully recognized in
10        accordance with this Act any labor organization and a
11        question concerning representation may not
12        appropriately be raised under Section 9 of this Act;
13            (B) where within the preceding 12 months a valid
14        election under Section 9 of this Act has been
15        conducted; or
16            (C) where such picketing has been conducted
17        without a petition under Section 9 being filed within
18        a reasonable period of time not to exceed 30 days from
19        the commencement of such picketing; provided that when
20        such a petition has been filed the Board shall
21        forthwith, without regard to the provisions of
22        subsection (a) of Section 9 or the absence of a showing
23        of a substantial interest on the part of the labor
24        organization, direct an election in such unit as the
25        Board finds to be appropriate and shall certify the
26        results thereof; provided further, that nothing in

 

 

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1        this subparagraph shall be construed to prohibit any
2        picketing or other publicity for the purpose of
3        truthfully advising the public that an employer does
4        not employ members of, or have a contract with, a labor
5        organization unless an effect of such picketing is to
6        induce any individual employed by any other person in
7        the course of his employment, not to pick up, deliver,
8        or transport any goods or not to perform any services;
9        or
10        (8) to refuse to reduce a collective bargaining
11    agreement to writing or to refuse to sign such agreement.
12    (c) The expressing of any views, argument, or opinion or
13the dissemination thereof, whether in written, printed,
14graphic, or visual form, shall not constitute or be evidence
15of an unfair labor practice under any of the provisions of this
16Act, if such expression contains no threat of reprisal or
17force or promise of benefit.
18    (d) The employer shall not discourage public employees or
19applicants to be public employees from becoming or remaining
20union members or authorizing dues deductions, and shall not
21otherwise interfere with the relationship between employees
22and their exclusive bargaining representative. The employer
23shall refer all inquiries about union membership to the
24exclusive bargaining representative, except that the employer
25may communicate with employees regarding payroll processes and
26procedures. The employer will establish email policies in an

 

 

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1effort to prohibit the use of its email system by outside
2sources.
3(Source: P.A. 101-620, eff. 12-20-19.)
 
4    Section 10. The Illinois Educational Labor Relations Act
5is amended by changing Sections 7, 8, and 14 as follows:
 
6    (115 ILCS 5/7)  (from Ch. 48, par. 1707)
7    Sec. 7. Recognition of exclusive bargaining
8representatives - unit determination. The Board is empowered
9to administer the recognition of bargaining representatives of
10employees of public school districts, including employees of
11districts which have entered into joint agreements, or
12employees of public community college districts, or any State
13college or university, and any State agency whose major
14function is providing educational services, making certain
15that each bargaining unit contains employees with an
16identifiable community of interest and that no unit includes
17both professional employees and nonprofessional employees
18unless a majority of employees in each group vote for
19inclusion in the unit.
20    (a) In determining the appropriateness of a unit, the
21Board shall decide in each case, in order to ensure employees
22the fullest freedom in exercising the rights guaranteed by
23this Act, the unit appropriate for the purpose of collective
24bargaining, based upon but not limited to such factors as

 

 

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1historical pattern of recognition, community of interest,
2including employee skills and functions, degree of functional
3integration, interchangeability and contact among employees,
4common supervision, wages, hours and other working conditions
5of the employees involved, and the desires of the employees.
6Nothing in this Act, except as herein provided, shall
7interfere with or negate the current representation rights or
8patterns and practices of employee organizations which have
9historically represented employees for the purposes of
10collective bargaining, including but not limited to the
11negotiations of wages, hours and working conditions,
12resolutions of employees' grievances, or resolution of
13jurisdictional disputes, or the establishment and maintenance
14of prevailing wage rates, unless a majority of the employees
15so represented expresses a contrary desire under the
16procedures set forth in this Act. This Section, however, does
17not prohibit multi-unit bargaining. Notwithstanding the above
18factors, where the majority of public employees of a craft so
19decide, the Board shall designate such craft as a unit
20appropriate for the purposes of collective bargaining.
21    The sole appropriate bargaining unit for tenured and
22tenure-track academic faculty at each campus of the University
23of Illinois shall be a unit that is comprised of
24non-supervisory academic faculty employed more than half-time
25and that includes all tenured and tenure-track faculty of that
26University campus employed by the board of trustees in all of

 

 

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1the campus's undergraduate, graduate, and professional schools
2and degree and non-degree programs (with the exception of the
3college of medicine, the college of pharmacy, the college of
4dentistry, the college of law, and the college of veterinary
5medicine, each of which shall have its own separate unit),
6regardless of current or historical representation rights or
7patterns or the application of any other factors. Any
8decision, rule, or regulation promulgated by the Board to the
9contrary shall be null and void.
10    (b) An educational employer shall voluntarily recognize a
11labor organization for collective bargaining purposes if that
12organization appears to represent a majority of employees in
13the unit. The employer shall post notice of its intent to so
14recognize for a period of at least 20 school days on bulletin
15boards or other places used or reserved for employee notices.
16Thereafter, the employer, if satisfied as to the majority
17status of the employee organization, shall send written
18notification of such recognition to the Board for
19certification. Any dispute regarding the majority status of a
20labor organization shall be resolved by the Board which shall
21make the determination of majority status.
22    Within the 20 day notice period, however, any other
23interested employee organization may petition the Board to
24seek recognition as the exclusive representative of the unit
25in the manner specified by rules and regulations prescribed by
26the Board, if such interested employee organization has been

 

 

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1designated by at least 15% of the employees in an appropriate
2bargaining unit which includes all or some of the employees in
3the unit intended to be recognized by the employer. In such
4event, the Board shall proceed with the petition in the same
5manner as provided in paragraph (c) of this Section.
6    (c) A labor organization may also gain recognition as the
7exclusive representative by an election of the employees in
8the unit. Petitions requesting an election may be filed with
9the Board:
10        (1) by an employee or group of employees or any labor
11    organizations acting on their behalf alleging and
12    presenting evidence that 30% or more of the employees in a
13    bargaining unit wish to be represented for collective
14    bargaining or that the labor organization which has been
15    acting as the exclusive bargaining representative is no
16    longer representative of a majority of the employees in
17    the unit; or
18        (2) by an employer alleging that one or more labor
19    organizations have presented a claim to be recognized as
20    an exclusive bargaining representative of a majority of
21    the employees in an appropriate unit and that it doubts
22    the majority status of any of the organizations or that it
23    doubts the majority status of an exclusive bargaining
24    representative.
25    The Board shall investigate the petition and if it has
26reasonable cause to suspect that a question of representation

 

 

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1exists, it shall give notice and conduct a hearing. If it finds
2upon the record of the hearing that a question of
3representation exists, it shall direct an election, which
4shall be held no later than 90 days after the date the petition
5was filed. The showing of interest in support of a petition
6filed under paragraph (1) of this subsection (c) may be
7evidenced by electronic communications, and such writing or
8communication may be evidenced by the electronic signature of
9the employee as provided under Section 5-120 of the Electronic
10Commerce Security Act. The showing of interest shall be valid
11only if signed within 12 months prior to the filing of the
12petition. Nothing prohibits the waiving of hearings by the
13parties and the conduct of consent elections.
14    (c-5) The Board shall designate an exclusive
15representative for purposes of collective bargaining when the
16representative demonstrates a showing of majority interest by
17employees in the unit. If the parties to a dispute are without
18agreement on the means to ascertain the choice, if any, of
19employee organization as their representative, the Board shall
20ascertain the employees' choice of employee organization, on
21the basis of dues deduction authorization or other evidence,
22or, if necessary, by conducting an election. The showing of
23interest in support of a petition filed under this subsection
24(c-5) may be evidenced by electronic communications, and such
25writing or communication may be evidenced by the electronic
26signature of the employee as provided under Section 5-120 of

 

 

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1the Electronic Commerce Security Act. The showing of interest
2shall be valid only if signed within 12 months prior to the
3filing of the petition. All evidence submitted by an employee
4organization to the Board to ascertain an employee's choice of
5an employee organization is confidential and shall not be
6submitted to the employer for review. The Board shall
7ascertain the employee's choice of employee organization
8within 120 days after the filing of the majority interest
9petition; however, the Board may extend time by an additional
1060 days, upon its own motion or upon the motion of a party to
11the proceeding. If either party provides to the Board, before
12the designation of a representative, clear and convincing
13evidence that the dues deduction authorizations, and other
14evidence upon which the Board would otherwise rely to
15ascertain the employees' choice of representative, are
16fraudulent or were obtained through coercion, the Board shall
17promptly thereafter conduct an election. The Board shall also
18investigate and consider a party's allegations that the dues
19deduction authorizations and other evidence submitted in
20support of a designation of representative without an election
21were subsequently changed, altered, withdrawn, or withheld as
22a result of employer fraud, coercion, or any other unfair
23labor practice by the employer. If the Board determines that a
24labor organization would have had a majority interest but for
25an employer's fraud, coercion, or unfair labor practice, it
26shall designate the labor organization as an exclusive

 

 

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1representative without conducting an election. If a hearing is
2necessary to resolve any issues of representation under this
3Section, the Board shall conclude its hearing process and
4issue a certification of the entire appropriate unit not later
5than 120 days after the date the petition was filed. The
6120-day period may be extended one or more times by the
7agreement of all parties to a hearing to a date certain.
8    (c-6) A labor organization or an employer may file a unit
9clarification petition seeking to clarify an existing
10bargaining unit. The Board shall conclude its investigation,
11including any hearing process deemed necessary, and issue a
12certification of clarified unit or dismiss the petition not
13later than 120 days after the date the petition was filed. The
14120-day period may be extended one or more times by the
15agreement of all parties to a hearing to a date certain.
16    (d) An order of the Board dismissing a representation
17petition, determining and certifying that a labor organization
18has been fairly and freely chosen by a majority of employees in
19an appropriate bargaining unit, determining and certifying
20that a labor organization has not been fairly and freely
21chosen by a majority of employees in the bargaining unit or
22certifying a labor organization as the exclusive
23representative of employees in an appropriate bargaining unit
24because of a determination by the Board that the labor
25organization is the historical bargaining representative of
26employees in the bargaining unit, is a final order. Any person

 

 

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1aggrieved by any such order issued on or after the effective
2date of this amendatory Act of 1987 may apply for and obtain
3judicial review in accordance with provisions of the
4Administrative Review Law, as now or hereafter amended, except
5that such review shall be afforded directly in the Appellate
6Court of a judicial district in which the Board maintains an
7office. Any direct appeal to the Appellate Court shall be
8filed within 35 days from the date that a copy of the decision
9sought to be reviewed was served upon the party affected by the
10decision.
11    No election may be conducted in any bargaining unit during
12the term of a collective bargaining agreement covering such
13unit or subdivision thereof, except the Board may direct an
14election after the filing of a petition between January 15 and
15March 1 of the final year of a collective bargaining
16agreement. Nothing in this Section prohibits the negotiation
17of a collective bargaining agreement covering a period not
18exceeding 3 years. A collective bargaining agreement of less
19than 3 years may be extended up to 3 years by the parties if
20the extension is agreed to in writing before the filing of a
21petition under this Section. In such case, the final year of
22the extension is the final year of the collective bargaining
23agreement. No election may be conducted in a bargaining unit,
24or subdivision thereof, in which a valid election has been
25held within the preceding 12 month period.
26(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 

 

 

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1    (115 ILCS 5/8)  (from Ch. 48, par. 1708)
2    Sec. 8. Election - certification. Elections shall be by
3secret ballot, and conducted in accordance with rules and
4regulations established by the Illinois Educational Labor
5Relations Board. A secret ballot election may be conducted
6electronically, using an electronic voting system, in addition
7to paper ballot voting systems. An incumbent exclusive
8bargaining representative shall automatically be placed on any
9ballot with the petitioner's labor organization. An
10intervening labor organization may be placed on the ballot
11when supported by 15% or more of the employees in the
12bargaining unit. The Board shall give at least 30 days notice
13of the time and place of the election to the parties and, upon
14request, shall provide the parties with a list of names and
15addresses of persons eligible to vote in the election at least
1615 days before the election. The ballot must include, as one of
17the alternatives, the choice of "no representative". No mail
18ballots are permitted except where a specific individual would
19otherwise be unable to cast a ballot.
20    The labor organization receiving a majority of the ballots
21cast shall be certified by the Board as the exclusive
22bargaining representative. If the choice of "no
23representative" receives a majority, the employer shall not
24recognize any exclusive bargaining representative for at least
2512 months. If none of the choices on the ballot receives a

 

 

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1majority, a run-off shall be conducted between the 2 choices
2receiving the largest number of valid votes cast in the
3election. The Board shall certify the results of the election
4within 6 working days after the final tally of votes unless a
5charge is filed by a party alleging that improper conduct
6occurred which affected the outcome of the election. The Board
7shall promptly investigate the allegations, and if it finds
8probable cause that improper conduct occurred and could have
9affected the outcome of the election, it shall set a hearing on
10the matter on a date falling within 2 weeks of when it received
11the charge. If it determines, after hearing, that the outcome
12of the election was affected by improper conduct, it shall
13order a new election and shall order corrective action which
14it considers necessary to insure the fairness of the new
15election. If it determines upon investigation or after hearing
16that the alleged improper conduct did not take place or that it
17did not affect the results of the election, it shall
18immediately certify the election results.
19    Any labor organization that is the exclusive bargaining
20representative in an appropriate unit on the effective date of
21this Act shall continue as such until a new one is selected
22under this Act.
23(Source: P.A. 92-206, eff. 1-1-02.)
 
24    (115 ILCS 5/14)  (from Ch. 48, par. 1714)
25    Sec. 14. Unfair labor practices.

 

 

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1    (a) Educational employers, their agents or representatives
2are prohibited from:
3        (1) Interfering, restraining or coercing employees in
4    the exercise of the rights guaranteed under this Act.
5        (2) Dominating or interfering with the formation,
6    existence or administration of any employee organization.
7        (3) Discriminating in regard to hire or tenure of
8    employment or any term or condition of employment to
9    encourage or discourage membership in any employee
10    organization.
11        (4) Discharging or otherwise discriminating against an
12    employee because he or she has signed or filed an
13    affidavit, authorization card, petition or complaint or
14    given any information or testimony under this Act.
15        (5) Refusing to bargain collectively in good faith
16    with an employee representative which is the exclusive
17    representative of employees in an appropriate unit,
18    including, but not limited to, the discussing of
19    grievances with the exclusive representative; provided,
20    however, that if an alleged unfair labor practice involves
21    interpretation or application of the terms of a collective
22    bargaining agreement and said agreement contains a
23    grievance and arbitration procedure, the Board may defer
24    the resolution of such dispute to the grievance and
25    arbitration procedure contained in said agreement.
26        (6) Refusing to reduce a collective bargaining

 

 

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1    agreement to writing and signing such agreement.
2        (7) Violating any of the rules and regulations
3    promulgated by the Board regulating the conduct of
4    representation elections.
5        (8) Refusing to comply with the provisions of a
6    binding arbitration award.
7        (9) Expending or causing the expenditure of public
8    funds to any external agent, individual, firm, agency,
9    partnership or association in any attempt to influence the
10    outcome of representational elections held pursuant to
11    paragraph (c) of Section 7 of this Act; provided, that
12    nothing in this subsection shall be construed to limit an
13    employer's right to be represented on any matter
14    pertaining to unit determinations, unfair labor practice
15    charges or pre-election conferences in any formal or
16    informal proceeding before the Board, or to seek or obtain
17    advice from legal counsel. Nothing in this paragraph shall
18    be construed to prohibit an employer from expending or
19    causing the expenditure of public funds on, or seeking or
20    obtaining services or advice from, any organization, group
21    or association established by, and including educational
22    or public employers, whether or not covered by this Act,
23    the Illinois Public Labor Relations Act or the public
24    employment labor relations law of any other state or the
25    federal government, provided that such services or advice
26    are generally available to the membership of the

 

 

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1    organization, group, or association, and are not offered
2    solely in an attempt to influence the outcome of a
3    particular representational election.
4        (10) Interfering with, restraining, coercing,
5    deterring or discouraging educational employees or
6    applicants to be educational employees from: (1) becoming
7    members of an employee organization; (2) authorizing
8    representation by an employee organization; or (3)
9    authorizing dues or fee deductions to an employee
10    organization, nor shall the employer intentionally permit
11    outside third parties to use its email or other
12    communications systems to engage in that conduct. An
13    employer's good faith implementation of a policy to block
14    the use of its email or other communication systems for
15    such purposes shall be a defense to an unfair labor
16    practice.
17        (11) Disclosing to any person or entity information
18    set forth in subsection (d) of Section 3 of this Act that
19    the employer knows or should know will be used to
20    interfere with, restrain, coerce, deter, or discourage any
21    public employee from: (i) becoming or remaining members of
22    a labor organization, (ii) authorizing representation by a
23    labor organization, or (iii) authorizing dues or fee
24    deductions to a labor organization.
25        (12) Promising, threatening, or taking any action (i)
26    to permanently replace an employee who participates in a

 

 

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1    lawful strike under Section 13 of this Act, (ii) to
2    discriminate against an employee who is working or has
3    unconditionally offered to return to work for the employer
4    because the employee supported or participated in such as
5    a lawful strike, or (iii) to lockout, suspend, or
6    otherwise withhold from employment employees in order to
7    influence the position of such employees or the
8    representative of such employees in collective bargaining
9    prior to a lawful strike.
10    (b) Employee organizations, their agents or
11representatives or educational employees are prohibited from:
12        (1) Restraining or coercing employees in the exercise
13    of the rights guaranteed under this Act, provided that a
14    labor organization or its agents shall commit an unfair
15    labor practice under this paragraph in duty of fair
16    representation cases only by intentional misconduct in
17    representing employees under this Act.
18        (2) Restraining or coercing an educational employer in
19    the selection of his representative for the purposes of
20    collective bargaining or the adjustment of grievances.
21        (3) Refusing to bargain collectively in good faith
22    with an educational employer, if they have been designated
23    in accordance with the provisions of this Act as the
24    exclusive representative of employees in an appropriate
25    unit.
26        (4) Violating any of the rules and regulations

 

 

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1    promulgated by the Board regulating the conduct of
2    representation elections.
3        (5) Refusing to reduce a collective bargaining
4    agreement to writing and signing such agreement.
5        (6) Refusing to comply with the provisions of a
6    binding arbitration award.
7    (c) The expressing of any views, argument, opinion or the
8dissemination thereof, whether in written, printed, graphic or
9visual form, shall not constitute or be evidence of an unfair
10labor practice under any of the provisions of this Act, if such
11expression contains no threat of reprisal or force or promise
12of benefit.
13    (c-5) The employer shall not discourage public employees
14or applicants to be public employees from becoming or
15remaining union members or authorizing dues deductions, and
16shall not otherwise interfere with the relationship between
17employees and their exclusive bargaining representative. The
18employer shall refer all inquiries about union membership to
19the exclusive bargaining representative, except that the
20employer may communicate with employees regarding payroll
21processes and procedures. The employer will establish email
22policies in an effort to prohibit the use of its email system
23by outside sources.
24    (d) The actions of a Financial Oversight Panel created
25pursuant to Section 1A-8 of the School Code due to a district
26violating a financial plan shall not constitute or be evidence

 

 

HB2521 Enrolled- 34 -LRB102 14009 RJF 19361 b

1of an unfair labor practice under any of the provisions of this
2Act. Such actions include, but are not limited to, reviewing,
3approving, or rejecting a school district budget or a
4collective bargaining agreement.
5(Source: P.A. 101-620, eff. 12-20-19; revised 8-21-20.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.