Illinois General Assembly - Full Text of HB0622
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Full Text of HB0622  100th General Assembly




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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 Section 11 as follows:
6    (5 ILCS 315/11)  (from Ch. 48, par. 1611)
7    Sec. 11. Unfair Labor Practice Procedures. Unfair labor
8practices may be dealt with by the Board in the following
10    (a) Whenever it is charged that any person has engaged in
11or is engaging in any unfair labor practice, the Board or any
12agent designated by the Board for such purposes, shall conduct
13an investigation of the charge. If after such investigation the
14Board finds that the charge involves a dispositive issue of law
15or fact the Board shall issue a complaint and cause to be
16served upon the person a complaint stating the charges,
17accompanied by a notice of hearing before the Board or a member
18thereof designated by the Board, or before a qualified hearing
19officer designated by the Board at the offices of the Board or
20such other location as the Board deems appropriate, not less
21than 5 days after serving of such complaint provided that no
22complaint shall issue based upon any unfair labor practice
23occurring more than six months prior to the filing of a charge



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1with the Board and the service of a copy thereof upon the
2person against whom the charge is made, unless the person
3aggrieved thereby did not reasonably have knowledge of the
4alleged unfair labor practice or was prevented from filing such
5a charge by reason of service in the armed forces, in which
6event the six month period shall be computed from the date of
7his discharge. Any such complaint may be amended by the member
8or hearing officer conducting the hearing for the Board in his
9discretion at any time prior to the issuance of an order based
10thereon. The person who is the subject of the complaint has the
11right to file an answer to the original or amended complaint
12and to appear in person or by a representative and give
13testimony at the place and time fixed in the complaint. In the
14discretion of the member or hearing officer conducting the
15hearing or the Board, any other person may be allowed to
16intervene in the proceeding and to present testimony. In any
17hearing conducted by the Board, neither the Board nor the
18member or agent conducting the hearing shall be bound by the
19rules of evidence applicable to courts, except as to the rules
20of privilege recognized by law.
21    (b) The Board shall have the power to issue subpoenas and
22administer oaths. If any party wilfully fails or neglects to
23appear or testify or to produce books, papers and records
24pursuant to the issuance of a subpoena by the Board, the Board
25may apply to a court of competent jurisdiction to request that
26such party be ordered to appear before the Board to testify or



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1produce the requested evidence.
2    (c) Any testimony taken by the Board, or a member
3designated by the Board or a hearing officer thereof, must be
4reduced to writing and filed with the Board. A full and
5complete record shall be kept of all proceedings before the
6Board, and all proceedings shall be transcribed by a reporter
7appointed by the Board. The party on whom the burden of proof
8rests shall be required to sustain such burden by a
9preponderance of the evidence. If, upon a preponderance of the
10evidence taken, the Board is of the opinion that any person
11named in the charge has engaged in or is engaging in an unfair
12labor practice, then it shall state its findings of fact and
13shall issue and cause to be served upon the person an order
14requiring him to cease and desist from the unfair labor
15practice, and to take such affirmative action, including
16reinstatement of public employees with or without back pay, as
17will effectuate the policies of this Act. If the Board awards
18back pay, it shall also award interest at the rate of 7% per
19annum. The Board's order may further require the person to make
20reports from time to time, and demonstrate the extent to which
21he has complied with the order. If there is no preponderance of
22evidence to indicate to the Board that the person named in the
23charge has engaged in or is engaging in the unfair labor
24practice, then the Board shall state its findings of fact and
25shall issue an order dismissing the complaint. The Board's
26order may in its discretion also include an appropriate



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1sanction, based on the Board's rules and regulations, and the
2sanction may include an order to pay the other party or
3parties' reasonable expenses including costs and reasonable
4attorney's fee, if the other party has made allegations or
5denials without reasonable cause and found to be untrue or has
6engaged in frivolous litigation for the purpose of delay or
7needless increase in the cost of litigation; the State of
8Illinois or any agency thereof shall be subject to the
9provisions of this sentence in the same manner as any other
11    (d) Until the record in a case has been filed in court, the
12Board at any time, upon reasonable notice and in such manner as
13it deems proper, may modify or set aside, in whole or in part,
14any finding or order made or issued by it.
15    (e) A charging party or any person aggrieved by a final
16order of the Board granting or denying in whole or in part the
17relief sought may apply for and obtain judicial review of an
18order of the Board entered under this Act, in accordance with
19the provisions of the Administrative Review Law, as now or
20hereafter amended, except that such judicial review shall be
21afforded directly in the appellate court for the district in
22which the aggrieved party resides or transacts business, and
23provided, that such judicial review shall not be available for
24the purpose of challenging a final order issued by the Board
25pursuant to Section 9 of this Act for which judicial review has
26been petitioned pursuant to subsection (i) of Section 9. Any



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1direct appeal to the Appellate Court shall be filed within 35
2days from the date that a copy of the decision sought to be
3reviewed was served upon the party affected by the decision.
4The filing of such an appeal to the Appellate Court shall not
5automatically stay the enforcement of the Board's order. An
6aggrieved party may apply to the Appellate Court for a stay of
7the enforcement of the Board's order after the aggrieved party
8has followed the procedure prescribed by Supreme Court Rule
9335. The Board in proceedings under this Section may obtain an
10order of the court for the enforcement of its order.
11    (f) Whenever it appears that any person has violated a
12final order of the Board issued pursuant to this Section, the
13Board must commence an action in the name of the People of the
14State of Illinois by petition, alleging the violation,
15attaching a copy of the order of the Board, and praying for the
16issuance of an order directing the person, his officers,
17agents, servants, successors, and assigns to comply with the
18order of the Board. The Board shall be represented in this
19action by the Attorney General in accordance with the Attorney
20General Act. The court may grant or refuse, in whole or in
21part, the relief sought, provided that the court may stay an
22order of the Board in accordance with the Administrative Review
23Law, pending disposition of the proceedings. The court may
24punish a violation of its order as in civil contempt.
25    (g) The proceedings provided in paragraph (f) of this
26Section shall be commenced in the Appellate Court for the



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1district where the unfair labor practice which is the subject
2of the Board's order was committed, or where a person required
3to cease and desist by such order resides or transacts
5    (h) The Board through the Attorney General, shall have
6power, upon issuance of an unfair labor practice complaint
7alleging that a person has engaged in or is engaging in an
8unfair labor practice, to petition the circuit court where the
9alleged unfair labor practice which is the subject of the
10Board's complaint was allegedly committed, or where a person
11required to cease and desist from such alleged unfair labor
12practice resides or transacts business, for appropriate
13temporary relief or restraining order. Upon the filing of any
14such petition, the court shall cause notice thereof to be
15served upon such persons, and thereupon shall have jurisdiction
16to grant to the Board such temporary relief or restraining
17order as it deems just and proper.
18    (i) If an unfair labor practice charge involves the
19interpretation or application of a collective bargaining
20agreement and said agreement contains a grievance procedure
21with binding arbitration as its terminal step, the Board may
22defer the resolution of such dispute to the grievance and
23arbitration procedure contained in said agreement.
24(Source: P.A. 87-736; 88-1.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.