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(115 ILCS 5/15)
(from Ch. 48, par. 1715)
Unfair labor practice procedure.
A charge of unfair labor
practice may be filed with the Board by an employer, an individual or
a labor organization. If the Board after investigation
finds that the charge states an issue of law or fact, it shall issue and
cause to be served upon the party complained of a complaint which fully
states the charges and thereupon hold a hearing on the charges, giving at
least 5 days' notice to the parties. At hearing, the charging party may
also present evidence in support of the charges and the party charged may
file an answer to the charges, appear in person or by attorney, and present
evidence in defense against the charges.
The Board has the power to issue subpoenas and administer
oaths. If any party wilfully fails or neglects to appear or testify or
to produce books, papers and records pursuant to subpoena issued by the
Board, the Board shall apply to the circuit court for an order to compel
the attendance of the party at the hearing to testify or produce requested documents.
If the Board finds that the party charged has committed
an unfair labor practice, it shall make findings of fact and is empowered
to issue an order requiring the party charged to stop the unfair practice,
and may take additional affirmative action, including requiring the party
to make reports from time to time showing the extent to which he or she
has complied with the order. No order shall be issued upon an unfair practice
occurring more than 6 months before the filing of the
charge alleging the unfair labor practice. If the Board awards back pay,
it shall also award interest at the rate of 7% per annum. If the Board
finds that the party charged has not committed any unfair labor practice,
findings of fact shall be made and an order issued dismissing the charges.
The Board may petition the circuit court of the county
in which the unfair labor practice in question occurred or where the party
charged with the unfair labor practice resides or transacts business to
enforce an order and for other relief which may include, but is not limited
The Board's order may in its discretion also include an appropriate
sanction, based on the Board's rules and regulations, and the sanction may
include an order to pay the other party or parties' reasonable expenses
including costs and reasonable attorney's fee, if the other party has made
allegations or denials without reasonable cause and found to be untrue or
has engaged in frivolous litigation for the purpose of delay or needless
increase in the cost of litigation; the State of Illinois or any agency
thereof shall be subject to the provisions of this sentence in the same
manner as any other party.
(Source: P.A. 86-412; 87-736.)