Full Text of HB0622 100th General Assembly
HB0622enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended 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 | 8 | | practices may
be dealt with by the Board in the following | 9 | | manner:
| 10 | | (a) Whenever it is charged that any person has engaged in | 11 | | or is engaging
in any unfair labor practice, the Board or any | 12 | | agent designated by the Board
for such purposes, shall conduct | 13 | | an investigation of the charge. If after
such investigation the | 14 | | Board finds that the charge involves a dispositive
issue of law | 15 | | or fact the Board shall issue a complaint and cause to be
| 16 | | served upon the person a complaint stating the charges, | 17 | | accompanied by a
notice of hearing before the Board or a member | 18 | | thereof designated by the
Board, or before a qualified hearing | 19 | | officer designated by the Board at the
offices of the Board or | 20 | | such other location as the Board deems appropriate,
not less | 21 | | than 5 days after serving of such complaint provided that no
| 22 | | complaint shall issue based upon any unfair labor practice | 23 | | occurring more
than six months prior to the filing of a charge |
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| 1 | | with the Board and
the service of a copy thereof upon the | 2 | | person against whom the charge is
made, unless the person | 3 | | aggrieved thereby did not reasonably have knowledge
of the | 4 | | alleged unfair labor practice or was prevented from filing such | 5 | | a
charge by reason of service in the armed forces, in which | 6 | | event the six
month period shall be computed from the date of | 7 | | his discharge. Any such
complaint may be amended by the member | 8 | | or hearing officer conducting the
hearing for the Board in his | 9 | | discretion at any time prior to the issuance
of an order based | 10 | | thereon. The person who is the subject of the complaint
has the | 11 | | right to file an answer to the original or amended complaint | 12 | | and
to appear in person or by a representative and give | 13 | | testimony at the place
and time fixed in the complaint. In the | 14 | | discretion of the member or hearing
officer conducting the | 15 | | hearing or the Board, any other person may be allowed
to | 16 | | intervene in the proceeding and to present testimony. In any | 17 | | hearing
conducted by the Board, neither the Board nor the | 18 | | member or agent conducting
the hearing shall be bound by the | 19 | | rules of evidence applicable to courts,
except as to the rules | 20 | | of privilege recognized by law.
| 21 | | (b) The Board shall have the power to issue subpoenas and | 22 | | administer oaths.
If any party wilfully fails or neglects to | 23 | | appear or testify or to produce
books, papers and records | 24 | | pursuant to the issuance of a subpoena by the
Board, the Board | 25 | | may apply to a court of competent jurisdiction to request
that | 26 | | such party be ordered to appear before the Board to testify or |
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| 1 | | produce
the requested evidence.
| 2 | | (c) Any testimony taken by the Board, or a member | 3 | | designated by the Board
or a hearing officer thereof, must be | 4 | | reduced to writing and filed with the
Board. A full and | 5 | | complete record shall be kept of all proceedings before
the | 6 | | Board, and all proceedings shall be transcribed by a reporter | 7 | | appointed
by the Board. The party on whom the burden of proof | 8 | | rests shall be required
to sustain such burden by a | 9 | | preponderance of the evidence. If, upon a
preponderance of the | 10 | | evidence taken, the Board is of the opinion that any
person | 11 | | named in the charge has engaged in or is engaging in an unfair | 12 | | labor
practice, then it shall state its findings of fact and | 13 | | shall issue and
cause to be served upon the person an order | 14 | | requiring him to cease and
desist from the unfair labor | 15 | | practice, and to take such affirmative action,
including | 16 | | reinstatement of public employees with or without back pay, as
| 17 | | will effectuate the policies of this Act. If the Board awards | 18 | | back pay, it
shall also award interest at the rate of 7% per | 19 | | annum. The Board's order
may further require the person to make | 20 | | reports from time to time,
and demonstrate the extent to which | 21 | | he has complied with the order. If
there is no preponderance of | 22 | | evidence to indicate to the Board that the
person named in the | 23 | | charge has engaged in or is engaging in the unfair labor
| 24 | | practice, then the Board shall state its findings of fact and | 25 | | shall issue
an order dismissing the complaint.
The Board's | 26 | | order may in its discretion also include an appropriate
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| 1 | | sanction, based on the Board's rules and regulations, and the | 2 | | sanction may
include an order to pay the other party or | 3 | | parties' reasonable expenses
including costs and reasonable | 4 | | attorney's fee, if the other party has made
allegations or | 5 | | denials without reasonable cause and found to be untrue or
has | 6 | | engaged in frivolous litigation for the purpose of delay or | 7 | | needless
increase in the cost of litigation; the State of | 8 | | Illinois or any agency
thereof shall be subject to the | 9 | | provisions of this sentence in the same
manner as any other | 10 | | party.
| 11 | | (d) Until the record in a case has been filed in court, the | 12 | | Board at any
time, upon reasonable notice and in such manner as | 13 | | it deems proper, may
modify or set aside, in whole or in part, | 14 | | any finding or order made or
issued by it.
| 15 | | (e) A charging party or any person aggrieved by a final | 16 | | order of the Board
granting or denying in whole or in part the | 17 | | relief sought may apply for
and obtain judicial review of an | 18 | | order of the Board entered under this Act,
in accordance with | 19 | | the provisions of the Administrative Review Law, as now
or | 20 | | hereafter amended, except that such judicial review shall be | 21 | | afforded
directly in the appellate court for the district in | 22 | | which the aggrieved
party resides or transacts business, and | 23 | | provided, that such judicial
review shall not be available for | 24 | | the purpose of challenging a final order
issued by the Board | 25 | | pursuant to Section 9 of this Act for which judicial
review has | 26 | | been petitioned pursuant to subsection (i) of Section 9. Any
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| 1 | | direct appeal to the Appellate Court shall be filed within 35 | 2 | | days from the
date that a copy of the decision sought to be | 3 | | reviewed was served upon the
party affected by the decision. | 4 | | The filing of such an appeal to the Appellate Court shall not | 5 | | automatically stay the enforcement of the Board's order. An | 6 | | aggrieved party may apply to the Appellate Court for a stay of | 7 | | the enforcement of the Board's order after the aggrieved party | 8 | | has followed the procedure prescribed by Supreme Court Rule | 9 | | 335. The
Board in proceedings under this
Section may obtain an | 10 | | order of the court for the enforcement of its order.
| 11 | | (f) Whenever it appears that any person has violated a | 12 | | final order of
the Board issued pursuant to this Section, the | 13 | | Board must commence an action
in the name of the People of the | 14 | | State of Illinois by petition, alleging
the violation, | 15 | | attaching a copy of the order of the Board, and praying for
the | 16 | | issuance of an order directing the person, his officers, | 17 | | agents, servants,
successors, and assigns to comply with the | 18 | | order of the Board.
The Board shall be represented in this | 19 | | action by the Attorney General in
accordance with the Attorney | 20 | | General Act. The court may grant or refuse, in
whole or in | 21 | | part, the relief sought, provided that the court may stay an
| 22 | | order of the Board in accordance with the Administrative Review | 23 | | Law,
pending disposition of the proceedings. The court may | 24 | | punish a violation of
its order as in civil contempt.
| 25 | | (g) The proceedings provided in paragraph (f) of this | 26 | | Section shall be
commenced in the Appellate Court for the |
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| 1 | | district where the unfair labor
practice which is the subject | 2 | | of the Board's order was committed, or where
a person required | 3 | | to cease and desist by such order resides or transacts | 4 | | business.
| 5 | | (h) The Board through the Attorney General, shall have | 6 | | power, upon issuance
of an unfair labor practice complaint | 7 | | alleging that a person has engaged
in or is engaging in an | 8 | | unfair labor practice, to petition the circuit court
where the | 9 | | alleged unfair labor practice which is the subject of the | 10 | | Board's
complaint was allegedly committed, or where a person | 11 | | required to cease and
desist from such alleged unfair labor | 12 | | practice resides or transacts business,
for appropriate | 13 | | temporary relief or restraining order. Upon the filing of
any | 14 | | such petition, the court shall cause notice thereof to be | 15 | | served upon
such persons, and thereupon shall have jurisdiction | 16 | | to grant to the Board
such temporary relief or restraining | 17 | | order as it deems just and proper.
| 18 | | (i) If an unfair labor practice charge involves the | 19 | | interpretation or
application of a collective bargaining | 20 | | agreement and said agreement contains
a grievance procedure | 21 | | with binding arbitration as its terminal step, the
Board may | 22 | | defer the resolution of such dispute to the grievance and | 23 | | arbitration
procedure contained in said agreement.
| 24 | | (Source: P.A. 87-736; 88-1.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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