99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0219
 
Introduced 1/28/2015, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:



  
115 ILCS 5/15 from Ch. 48, par. 1715
 Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning unfair labor practice procedures.



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A BILL FOR
 


SB0219LRB099 03163 NHT 23171 b



1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:


4 Section 5. The Illinois Educational Labor Relations Act is 
5amended by changing Section 15 as follows:




6 (115 ILCS 5/15) (from Ch. 48, par. 1715)



7 Sec. 15. Unfair labor practice procedure. A charge of 
8unfair labor
practice may be filed with the
the Board by an 
9employer, an individual or
a labor organization. If the Board 
10after investigation
finds that the charge states an issue of 
11law or fact, it shall issue and
cause to be served upon the 
12party complained of a complaint which fully
states the charges 
13and thereupon hold a hearing on the charges, giving at
least 5 
14days' notice to the parties. At hearing, the charging party may

15also present evidence in support of the charges and the party 
16charged may
file an answer to the charges, appear in person or 
17by attorney, and present
evidence in defense against the 
18charges.
19 The Board has the power to issue subpoenas and administer

20oaths. If any party wilfully fails or neglects to appear or 
21testify or
to produce books, papers and records pursuant to 
22subpoena issued by the
Board, the Board shall apply to the 
23circuit court for an order to compel
the attendance of the 
 
 
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1party at the hearing to testify or produce requested documents.

2 If the Board finds that the party charged has committed
an 
3unfair labor practice, it shall make findings of fact and is 
4empowered
to issue an order requiring the party charged to stop 
5the unfair practice,
and may take additional affirmative 
6action, including requiring the party
to make reports from time 
7to time showing the extent to which he or she
has complied with 
8the order. No order shall be issued upon an unfair practice

9occurring more than 6 months before the filing of the
charge 
10alleging the unfair labor practice. If the Board awards back 
11pay,
it shall also award interest at the rate of 7% per annum. 
12If the Board
finds that the party charged has not committed any 
13unfair labor practice,
findings of fact shall be made and an 
14order issued dismissing the charges.

15 The Board may petition the circuit court of the county
in 
16which the unfair labor practice in question occurred or where 
17the party
charged with the unfair labor practice resides or 
18transacts business to
enforce an order and for other relief 
19which may include, but is not limited
to, injunctions.
The 
20Board's order may in its discretion also include an appropriate

21sanction, based on the Board's rules and regulations, and the 
22sanction may
include an order to pay the other party or 
23parties' reasonable expenses
including costs and reasonable 
24attorney's fee, if the other party has made
allegations or 
25denials without reasonable cause and found to be untrue or
has 
26engaged in frivolous litigation for the purpose of delay or 
 
 
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1needless
increase in the cost of litigation; the State of 
2Illinois or any agency
thereof shall be subject to the 
3provisions of this sentence in the same
manner as any other 
4party.

5(Source: P.A. 86-412; 87-736.)