(115 ILCS 5/8) (from Ch. 48, par. 1708)
Sec. 8. Election - certification. Elections shall be by secret ballot,
and conducted in accordance with rules and regulations established by the
Illinois Educational Labor Relations Board. A secret ballot election may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems. An incumbent exclusive bargaining
representative shall automatically be placed on any ballot with the
petitioner's
labor organization. An intervening labor organization may be placed on the
ballot
when supported by 15% or more of the employees in the bargaining unit.
The Board shall give at least 30 days notice of the time
and place of the election to the parties and, upon request, shall provide
the parties with a list of names and addresses of persons eligible to vote
in the election at least 15 days before the election. The ballot must include,
as one of the alternatives, the choice of "no representative". No mail
ballots are permitted except where a specific individual would otherwise
be unable to cast a ballot.
The labor organization receiving a majority of the ballots cast shall be
certified by the Board as the exclusive bargaining representative.
If the choice of "no representative" receives a majority, the employer shall
not recognize any exclusive bargaining representative for at least 12 months.
If none of the choices on the ballot receives a majority, a run-off shall
be conducted between the 2 choices receiving the largest number of valid
votes cast in the election. The Board shall certify the
results of the election within 6 working days after the final tally
of votes
unless a charge is filed by a party alleging that improper conduct occurred
which
affected the outcome of the election. 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 2 weeks of
when it received the charge. 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 or after
hearing that the alleged improper conduct did not take place or that it did not
affect the results of the election, it shall immediately certify the election
results.
Any labor organization that is the exclusive bargaining representative
in an appropriate unit on
the effective date of this Act shall continue as such until a new one is
selected under this Act.
(Source: P.A. 102-596, eff. 8-27-21.)
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