Sen. Ram Villivalam

Filed: 4/16/2021

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1 AMENDMENT TO SENATE BILL 916

2 AMENDMENT NO. ______. Amend Senate Bill 916 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Illinois Public Labor Relations Act is

5 amended by changing Sections 9 and 10 as follows:

6 (5 ILCS 315/9) (from Ch. 48, par. 1609)

7 Sec. 9. Elections; recognition.

8 (a) Whenever in accordance with such regulations as may be

9 prescribed by the Board a petition has been filed:

10 (1) by a public employee or group of public employees

11 or any labor organization acting in their behalf

12 demonstrating that 30% of the public employees in an

13 appropriate unit (A) wish to be represented for the

14 purposes of collective bargaining by a labor organization

15 as exclusive representative, or (B) asserting that the

16 labor organization which has been certified or is

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1 currently recognized by the public employer as bargaining

2 representative is no longer the representative of the

3 majority of public employees in the unit; or

4 (2) by a public employer alleging that one or more

5 labor organizations have presented to it a claim that they

6 be recognized as the representative of a majority of the

7 public employees in an appropriate unit, the Board shall

8 investigate such petition, and if it has reasonable cause

9 to believe that a question of representation exists, shall

10 provide for an appropriate hearing upon due notice. Such

11 hearing shall be held at the offices of the Board or such

12 other location as the Board deems appropriate. If it finds

13 upon the record of the hearing that a question of

14 representation exists, it shall direct an election in

15 accordance with subsection (d) of this Section, which

16 election shall be held not later than 120 days after the

17 date the petition was filed regardless of whether that

18 petition was filed before or after the effective date of

19 this amendatory Act of 1987; provided, however, the Board

20 may extend the time for holding an election by an

21 additional 60 days if, upon motion by a person who has

22 filed a petition under this Section or is the subject of a

23 petition filed under this Section and is a party to such

24 hearing, or upon the Board's own motion, the Board finds

25 that good cause has been shown for extending the election

26 date; provided further, that nothing in this Section shall

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1 prohibit the Board, in its discretion, from extending the

2 time for holding an election for so long as may be

3 necessary under the circumstances, where the purpose for

4 such extension is to permit resolution by the Board of an

5 unfair labor practice charge filed by one of the parties

6 to a representational proceeding against the other based

7 upon conduct which may either affect the existence of a

8 question concerning representation or have a tendency to

9 interfere with a fair and free election, where the party

10 filing the charge has not filed a request to proceed with

11 the election; and provided further that prior to the

12 expiration of the total time allotted for holding an

13 election, a person who has filed a petition under this

14 Section or is the subject of a petition filed under this

15 Section and is a party to such hearing or the Board, may

16 move for and obtain the entry of an order in the circuit

17 court of the county in which the majority of the public

18 employees sought to be represented by such person reside,

19 such order extending the date upon which the election

20 shall be held. Such order shall be issued by the circuit

21 court only upon a judicial finding that there has been a

22 sufficient showing that there is good cause to extend the

23 election date beyond such period and shall require the

24 Board to hold the election as soon as is feasible given the

25 totality of the circumstances. Such 120 day period may be

26 extended one or more times by the agreement of all parties

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1 to the hearing to a date certain without the necessity of

2 obtaining a court order. The showing of interest in

3 support of a petition filed under paragraph (1) of this

4 subsection (a) may be evidenced by electronic

5 communications, and such writing or communication may be

6 evidenced by the electronic signature of the employee as

7 provided under Section 5-120 of the Electronic Commerce

8 Security Act. The showing of interest shall be valid only

9 if signed within 12 months prior to the filing of the

10 petition.Nothing in this Section prohibits the waiving of

11 hearings by stipulation for the purpose of a consent

12 election in conformity with the rules and regulations of

13 the Board or an election in a unit agreed upon by the

14 parties. Other interested employee organizations may

15 intervene in the proceedings in the manner and within the

16 time period specified by rules and regulations of the

17 Board. Interested parties who are necessary to the

18 proceedings may also intervene in the proceedings in the

19 manner and within the time period specified by the rules

20 and regulations of the Board.

21 (a-5) The Board shall designate an exclusive

22 representative for purposes of collective bargaining when the

23 representative demonstrates a showing of majority interest by

24 employees in the unit. If the parties to a dispute are without

25 agreement on the means to ascertain the choice, if any, of

26 employee organization as their representative, the Board shall

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1 ascertain the employees' choice of employee organization, on

2 the basis of dues deduction authorization or other evidence,

3 or, if necessary, by conducting an election. The showing of

4 interest in support of a petition filed under this subsection

5 (a-5) may be evidenced by electronic communications, and such

6 writing or communication may be evidenced by the electronic

7 signature of the employee as provided under Section 5-120 of

8 the Electronic Commerce Security Act. The showing of interest

9 shall be valid only if signed within 12 months prior to the

10 filing of the petition. All evidence submitted by an employee

11 organization to the Board to ascertain an employee's choice of

12 an employee organization is confidential and shall not be

13 submitted to the employer for review. The Board shall

14 ascertain the employee's choice of employee organization

15 within 120 days after the filing of the majority interest

16 petition; however, the Board may extend time by an additional

17 60 days, upon its own motion or upon the motion of a party to

18 the proceeding. If either party provides to the Board, before

19 the designation of a representative, clear and convincing

20 evidence that the dues deduction authorizations, and other

21 evidence upon which the Board would otherwise rely to

22 ascertain the employees' choice of representative, are

23 fraudulent or were obtained through coercion, the Board shall

24 promptly thereafter conduct an election. The Board shall also

25 investigate and consider a party's allegations that the dues

26 deduction authorizations and other evidence submitted in

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1 support of a designation of representative without an election

2 were subsequently changed, altered, withdrawn, or withheld as

3 a result of employer fraud, coercion, or any other unfair

4 labor practice by the employer. If the Board determines that a

5 labor organization would have had a majority interest but for

6 an employer's fraud, coercion, or unfair labor practice, it

7 shall designate the labor organization as an exclusive

8 representative without conducting an election. If a hearing is

9 necessary to resolve any issues of representation under this

10 Section, the Board shall conclude its hearing process and

11 issue a certification of the entire appropriate unit not later

12 than 120 days after the date the petition was filed. The

13 120-day period may be extended one or more times by the

14 agreement of all parties to a hearing to a date certain.

15 (a-6) A labor organization or an employer may file a unit

16 clarification petition seeking to clarify an existing

17 bargaining unit. The Board shall conclude its investigation,

18 including any hearing process deemed necessary, and issue a

19 certification of clarified unit or dismiss the petition not

20 later than 120 days after the date the petition was filed. The

21 120-day period may be extended one or more times by the

22 agreement of all parties to a hearing to a date certain.

23 (b) The Board shall decide in each case, in order to assure

24 public employees the fullest freedom in exercising the rights

25 guaranteed by this Act, a unit appropriate for the purpose of

26 collective bargaining, based upon but not limited to such

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1 factors as: historical pattern of recognition; community of

2 interest including employee skills and functions; degree of

3 functional integration; interchangeability and contact among

4 employees; fragmentation of employee groups; common

5 supervision, wages, hours and other working conditions of the

6 employees involved; and the desires of the employees. For

7 purposes of this subsection, fragmentation shall not be the

8 sole or predominant factor used by the Board in determining an

9 appropriate bargaining unit. Except with respect to non-State

10 fire fighters and paramedics employed by fire departments and

11 fire protection districts, non-State peace officers and peace

12 officers in the State Department of State Police, a single

13 bargaining unit determined by the Board may not include both

14 supervisors and nonsupervisors, except for bargaining units in

15 existence on the effective date of this Act. With respect to

16 non-State fire fighters and paramedics employed by fire

17 departments and fire protection districts, non-State peace

18 officers and peace officers in the State Department of State

19 Police, a single bargaining unit determined by the Board may

20 not include both supervisors and nonsupervisors, except for

21 bargaining units in existence on the effective date of this

22 amendatory Act of 1985.

23 In cases involving an historical pattern of recognition,

24 and in cases where the employer has recognized the union as the

25 sole and exclusive bargaining agent for a specified existing

26 unit, the Board shall find the employees in the unit then

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1 represented by the union pursuant to the recognition to be the

2 appropriate unit.

3 Notwithstanding the above factors, where the majority of

4 public employees of a craft so decide, the Board shall

5 designate such craft as a unit appropriate for the purposes of

6 collective bargaining.

7 The Board shall not decide that any unit is appropriate if

8 such unit includes both professional and nonprofessional

9 employees, unless a majority of each group votes for inclusion

10 in such unit.

11 (c) Nothing in this Act shall interfere with or negate the

12 current representation rights or patterns and practices of

13 labor organizations which have historically represented public

14 employees for the purpose of collective bargaining, including

15 but not limited to the negotiations of wages, hours and

16 working conditions, discussions of employees' grievances,

17 resolution of jurisdictional disputes, or the establishment

18 and maintenance of prevailing wage rates, unless a majority of

19 employees so represented express a contrary desire pursuant to

20 the procedures set forth in this Act.

21 (d) In instances where the employer does not voluntarily

22 recognize a labor organization as the exclusive bargaining

23 representative for a unit of employees, the Board shall

24 determine the majority representative of the public employees

25 in an appropriate collective bargaining unit by conducting a

26 secret ballot election, except as otherwise provided in

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1 subsection (a-5). Such a secret ballot election may be

2 conducted electronically, using an electronic voting system,

3 in addition to paper ballot voting systems.Within 7 days

4 after the Board issues its bargaining unit determination and

5 direction of election or the execution of a stipulation for

6 the purpose of a consent election, the public employer shall

7 submit to the labor organization the complete names and

8 addresses of those employees who are determined by the Board

9 to be eligible to participate in the election. When the Board

10 has determined that a labor organization has been fairly and

11 freely chosen by a majority of employees in an appropriate

12 unit, it shall certify such organization as the exclusive

13 representative. If the Board determines that a majority of

14 employees in an appropriate unit has fairly and freely chosen

15 not to be represented by a labor organization, it shall so

16 certify. The Board may also revoke the certification of the

17 public employee organizations as exclusive bargaining

18 representatives which have been found by a secret ballot

19 election to be no longer the majority representative.

20 (e) The Board shall not conduct an election in any

21 bargaining unit or any subdivision thereof within which a

22 valid election has been held in the preceding 12-month period.

23 The Board shall determine who is eligible to vote in an

24 election and shall establish rules governing the conduct of

25 the election or conduct affecting the results of the election.

26 The Board shall include on a ballot in a representation

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1 election a choice of "no representation". A labor organization

2 currently representing the bargaining unit of employees shall

3 be placed on the ballot in any representation election. In any

4 election where none of the choices on the ballot receives a

5 majority, a runoff election shall be conducted between the 2

6 choices receiving the largest number of valid votes cast in

7 the election. A labor organization which receives a majority

8 of the votes cast in an election shall be certified by the

9 Board as exclusive representative of all public employees in

10 the unit.

11 (f) A labor organization shall be designated as the

12 exclusive representative by a public employer, provided that

13 the labor organization represents a majority of the public

14 employees in an appropriate unit. Any employee organization

15 which is designated or selected by the majority of public

16 employees, in a unit of the public employer having no other

17 recognized or certified representative, as their

18 representative for purposes of collective bargaining may

19 request recognition by the public employer in writing. The

20 public employer shall post such request for a period of at

21 least 20 days following its receipt thereof on bulletin boards

22 or other places used or reserved for employee notices.

23 (g) Within the 20-day period any other interested employee

24 organization may petition the Board in the manner specified by

25 rules and regulations of the Board, provided that such

26 interested employee organization has been designated by at

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1 least 10% of the employees in an appropriate bargaining unit

2 which includes all or some of the employees in the unit

3 recognized by the employer. In such event, the Board shall

4 proceed with the petition in the same manner as provided by

5 paragraph (1) of subsection (a) of this Section.

6 (h) No election shall be directed by the Board in any

7 bargaining unit where there is in force a valid collective

8 bargaining agreement. The Board, however, may process an

9 election petition filed between 90 and 60 days prior to the

10 expiration of the date of an agreement, and may further

11 refine, by rule or decision, the implementation of this

12 provision. Where more than 4 years have elapsed since the

13 effective date of the agreement, the agreement shall continue

14 to bar an election, except that the Board may process an

15 election petition filed between 90 and 60 days prior to the end

16 of the fifth year of such an agreement, and between 90 and 60

17 days prior to the end of each successive year of such

18 agreement.

19 (i) An order of the Board dismissing a representation

20 petition, determining and certifying that a labor organization

21 has been fairly and freely chosen by a majority of employees in

22 an appropriate bargaining unit, determining and certifying

23 that a labor organization has not been fairly and freely

24 chosen by a majority of employees in the bargaining unit or

25 certifying a labor organization as the exclusive

26 representative of employees in an appropriate bargaining unit

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1 because of a determination by the Board that the labor

2 organization is the historical bargaining representative of

3 employees in the bargaining unit, is a final order. Any person

4 aggrieved by any such order issued on or after the effective

5 date of this amendatory Act of 1987 may apply for and obtain

6 judicial review in accordance with provisions of the

7 Administrative Review Law, as now or hereafter amended, except

8 that such review shall be afforded directly in the Appellate

9 Court for the district in which the aggrieved party resides or

10 transacts business. Any direct appeal to the Appellate Court

11 shall be filed within 35 days from the date that a copy of the

12 decision sought to be reviewed was served upon the party

13 affected by the decision.

14 (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)

15 (5 ILCS 315/10) (from Ch. 48, par. 1610)

16 Sec. 10. Unfair labor practices.

17 (a) It shall be an unfair labor practice for an employer or

18 its agents:

19 (1) to interfere with, restrain or coerce public

20 employees in the exercise of the rights guaranteed in this

21 Act or to dominate or interfere with the formation,

22 existence or administration of any labor organization or

23 contribute financial or other support to it; provided, an

24 employer shall not be prohibited from permitting employees

25 to confer with him during working hours without loss of

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1 time or pay;

2 (2) to discriminate in regard to hire or tenure of

3 employment or any term or condition of employment in order

4 to encourage or discourage membership in or other support

5 for any labor organization. Nothing in this Act or any

6 other law precludes a public employer from making an

7 agreement with a labor organization to require as a

8 condition of employment the payment of a fair share under

9 paragraph (e) of Section 6;

10 (3) to discharge or otherwise discriminate against a

11 public employee because he has signed or filed an

12 affidavit, petition or charge or provided any information

13 or testimony under this Act;

14 (4) to refuse to bargain collectively in good faith

15 with a labor organization which is the exclusive

16 representative of public employees in an appropriate unit,

17 including, but not limited to, the discussing of

18 grievances with the exclusive representative;

19 (5) to violate any of the rules and regulations

20 established by the Board with jurisdiction over them

21 relating to the conduct of representation elections or the

22 conduct affecting the representation elections;

23 (6) to expend or cause the expenditure of public funds

24 to any external agent, individual, firm, agency,

25 partnership or association in any attempt to influence the

26 outcome of representational elections held pursuant to

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1 Section 9 of this Act; provided, that nothing in this

2 subsection shall be construed to limit an employer's right

3 to internally communicate with its employees as provided

4 in subsection (c) of this Section, to be represented on

5 any matter pertaining to unit determinations, unfair labor

6 practice charges or pre-election conferences in any formal

7 or informal proceeding before the Board, or to seek or

8 obtain advice from legal counsel. Nothing in this

9 paragraph shall be construed to prohibit an employer from

10 expending or causing the expenditure of public funds on,

11 or seeking or obtaining services or advice from, any

12 organization, group, or association established by and

13 including public or educational employers, whether covered

14 by this Act, the Illinois Educational Labor Relations Act

15 or the public employment labor relations law of any other

16 state or the federal government, provided that such

17 services or advice are generally available to the

18 membership of the organization, group or association, and

19 are not offered solely in an attempt to influence the

20 outcome of a particular representational election;

21 (7) to refuse to reduce a collective bargaining

22 agreement to writing or to refuse to sign such agreement;

23 (8) to interfere with, restrain, coerce, deter, or

24 discourage public employees or applicants to be public

25 employees from: (i) becoming or remaining members of a

26 labor organization; (ii) authorizing representation by a

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1 labor organization; or (iii) authorizing dues or fee

2 deductions to a labor organization, nor shall the employer

3 intentionally permit outside third parties to use its

4 email or other communication systems to engage in that

5 conduct. An employer's good faith implementation of a

6 policy to block the use of its email or other

7 communication systems for such purposes shall be a defense

8 to an unfair labor practice; ~~or~~

9 (9) to disclose to any person or entity information

10 set forth in subsection (c-5) of Section 6 of this Act that

11 the employer knows or should know will be used to

12 interfere with, restrain, coerce, deter, or discourage any

13 public employee from: (i) becoming or remaining members of

14 a labor organization, (ii) authorizing representation by a

15 labor organization, or (iii) authorizing dues or fee

16 deductions to a labor organization; or ~~.~~

17 (10) to promise, threaten, or take any action: (i) to

18 permanently replace an employee who participates in a

19 strike as provided under Section 17; (ii) to discriminate

20 against an employee who is working or has unconditionally

21 offered to return to work for the employer because the

22 employee supported or participated in such a strike; or

23 (iii) to lockout, suspend, or otherwise withhold

24 employment from employees in order to influence the

25 position of such employees or the representative of such

26 employees in collective bargaining prior to a strike.

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1 (b) It shall be an unfair labor practice for a labor

2 organization or its agents:

3 (1) to restrain or coerce public employees in the

4 exercise of the rights guaranteed in this Act, provided,

5 (i) that this paragraph shall not impair the right of a

6 labor organization to prescribe its own rules with respect

7 to the acquisition or retention of membership therein or

8 the determination of fair share payments and (ii) that a

9 labor organization or its agents shall commit an unfair

10 labor practice under this paragraph in duty of fair

11 representation cases only by intentional misconduct in

12 representing employees under this Act;

13 (2) to restrain or coerce a public employer in the

14 selection of his representatives for the purposes of

15 collective bargaining or the settlement of grievances; or

16 (3) to cause, or attempt to cause, an employer to

17 discriminate against an employee in violation of

18 subsection (a)(2);

19 (4) to refuse to bargain collectively in good faith

20 with a public employer, if it has been designated in

21 accordance with the provisions of this Act as the

22 exclusive representative of public employees in an

23 appropriate unit;

24 (5) to violate any of the rules and regulations

25 established by the boards with jurisdiction over them

26 relating to the conduct of representation elections or the

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1 conduct affecting the representation elections;

2 (6) to discriminate against any employee because he

3 has signed or filed an affidavit, petition or charge or

4 provided any information or testimony under this Act;

5 (7) to picket or cause to be picketed, or threaten to

6 picket or cause to be picketed, any public employer where

7 an object thereof is forcing or requiring an employer to

8 recognize or bargain with a labor organization of the

9 representative of its employees, or forcing or requiring

10 the employees of an employer to accept or select such

11 labor organization as their collective bargaining

12 representative, unless such labor organization is

13 currently certified as the representative of such

14 employees:

15 (A) where the employer has lawfully recognized in

16 accordance with this Act any labor organization and a

17 question concerning representation may not

18 appropriately be raised under Section 9 of this Act;

19 (B) where within the preceding 12 months a valid

20 election under Section 9 of this Act has been

21 conducted; or

22 (C) where such picketing has been conducted

23 without a petition under Section 9 being filed within

24 a reasonable period of time not to exceed 30 days from

25 the commencement of such picketing; provided that when

26 such a petition has been filed the Board shall

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1 forthwith, without regard to the provisions of

2 subsection (a) of Section 9 or the absence of a showing

3 of a substantial interest on the part of the labor

4 organization, direct an election in such unit as the

5 Board finds to be appropriate and shall certify the

6 results thereof; provided further, that nothing in

7 this subparagraph shall be construed to prohibit any

8 picketing or other publicity for the purpose of

9 truthfully advising the public that an employer does

10 not employ members of, or have a contract with, a labor

11 organization unless an effect of such picketing is to

12 induce any individual employed by any other person in

13 the course of his employment, not to pick up, deliver,

14 or transport any goods or not to perform any services;

15 or

16 (8) to refuse to reduce a collective bargaining

17 agreement to writing or to refuse to sign such agreement.

18 (c) The expressing of any views, argument, or opinion or

19 the dissemination thereof, whether in written, printed,

20 graphic, or visual form, shall not constitute or be evidence

21 of an unfair labor practice under any of the provisions of this

22 Act, if such expression contains no threat of reprisal or

23 force or promise of benefit.

24 (d) The employer shall not discourage public employees or

25 applicants to be public employees from becoming or remaining

26 union members or authorizing dues deductions, and shall not

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1 otherwise interfere with the relationship between employees

2 and their exclusive bargaining representative. The employer

3 shall refer all inquiries about union membership to the

4 exclusive bargaining representative, except that the employer

5 may communicate with employees regarding payroll processes and

6 procedures. The employer will establish email policies in an

7 effort to prohibit the use of its email system by outside

8 sources.

9 (Source: P.A. 101-620, eff. 12-20-19.)

10 Section 10. The Illinois Educational Labor Relations Act

11 is amended by changing Sections 7, 8, 13, and 14 as follows:

12 (115 ILCS 5/7) (from Ch. 48, par. 1707)

13 Sec. 7. Recognition of exclusive bargaining

14 representatives - unit determination. The Board is empowered

15 to administer the recognition of bargaining representatives of

16 employees of public school districts, including employees of

17 districts which have entered into joint agreements, or

18 employees of public community college districts, or any State

19 college or university, and any State agency whose major

20 function is providing educational services, making certain

21 that each bargaining unit contains employees with an

22 identifiable community of interest and that no unit includes

23 both professional employees and nonprofessional employees

24 unless a majority of employees in each group vote for

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1 inclusion in the unit.

2 (a) In determining the appropriateness of a unit, the

3 Board shall decide in each case, in order to ensure employees

4 the fullest freedom in exercising the rights guaranteed by

5 this Act, the unit appropriate for the purpose of collective

6 bargaining, based upon but not limited to such factors as

7 historical pattern of recognition, community of interest,

8 including employee skills and functions, degree of functional

9 integration, interchangeability and contact among employees,

10 common supervision, wages, hours and other working conditions

11 of the employees involved, and the desires of the employees.

12 Nothing in this Act, except as herein provided, shall

13 interfere with or negate the current representation rights or

14 patterns and practices of employee organizations which have

15 historically represented employees for the purposes of

16 collective bargaining, including but not limited to the

17 negotiations of wages, hours and working conditions,

18 resolutions of employees' grievances, or resolution of

19 jurisdictional disputes, or the establishment and maintenance

20 of prevailing wage rates, unless a majority of the employees

21 so represented expresses a contrary desire under the

22 procedures set forth in this Act. This Section, however, does

23 not prohibit multi-unit bargaining. Notwithstanding the above

24 factors, where the majority of public employees of a craft so

25 decide, the Board shall designate such craft as a unit

26 appropriate for the purposes of collective bargaining.

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1 The sole appropriate bargaining unit for tenured and

2 tenure-track academic faculty at each campus of the University

3 of Illinois shall be a unit that is comprised of

4 non-supervisory academic faculty employed more than half-time

5 and that includes all tenured and tenure-track faculty of that

6 University campus employed by the board of trustees in all of

7 the campus's undergraduate, graduate, and professional schools

8 and degree and non-degree programs (with the exception of the

9 college of medicine, the college of pharmacy, the college of

10 dentistry, the college of law, and the college of veterinary

11 medicine, each of which shall have its own separate unit),

12 regardless of current or historical representation rights or

13 patterns or the application of any other factors. Any

14 decision, rule, or regulation promulgated by the Board to the

15 contrary shall be null and void.

16 (b) An educational employer shall voluntarily recognize a

17 labor organization for collective bargaining purposes if that

18 organization appears to represent a majority of employees in

19 the unit. The employer shall post notice of its intent to so

20 recognize for a period of at least 20 school days on bulletin

21 boards or other places used or reserved for employee notices.

22 Thereafter, the employer, if satisfied as to the majority

23 status of the employee organization, shall send written

24 notification of such recognition to the Board for

25 certification. Any dispute regarding the majority status of a

26 labor organization shall be resolved by the Board which shall

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1 make the determination of majority status.

2 Within the 20 day notice period, however, any other

3 interested employee organization may petition the Board to

4 seek recognition as the exclusive representative of the unit

5 in the manner specified by rules and regulations prescribed by

6 the Board, if such interested employee organization has been

7 designated by at least 15% of the employees in an appropriate

8 bargaining unit which includes all or some of the employees in

9 the unit intended to be recognized by the employer. In such

10 event, the Board shall proceed with the petition in the same

11 manner as provided in paragraph (c) of this Section.

12 (c) A labor organization may also gain recognition as the

13 exclusive representative by an election of the employees in

14 the unit. Petitions requesting an election may be filed with

15 the Board:

16 (1) by an employee or group of employees or any labor

17 organizations acting on their behalf alleging and

18 presenting evidence that 30% or more of the employees in a

19 bargaining unit wish to be represented for collective

20 bargaining or that the labor organization which has been

21 acting as the exclusive bargaining representative is no

22 longer representative of a majority of the employees in

23 the unit; or

24 (2) by an employer alleging that one or more labor

25 organizations have presented a claim to be recognized as

26 an exclusive bargaining representative of a majority of

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1 the employees in an appropriate unit and that it doubts

2 the majority status of any of the organizations or that it

3 doubts the majority status of an exclusive bargaining

4 representative.

5 The Board shall investigate the petition and if it has

6 reasonable cause to suspect that a question of representation

7 exists, it shall give notice and conduct a hearing. If it finds

8 upon the record of the hearing that a question of

9 representation exists, it shall direct an election, which

10 shall be held no later than 90 days after the date the petition

11 was filed. The showing of interest in support of a petition

12 filed under paragraph (1) of this subsection (c) may be

13 evidenced by electronic communications, and such writing or

14 communication may be evidenced by the electronic signature of

15 the employee as provided under Section 5-120 of the Electronic

16 Commerce Security Act. The showing of interest shall be valid

17 only if signed within 12 months prior to the filing of the

18 petition.Nothing prohibits the waiving of hearings by the

19 parties and the conduct of consent elections.

20 (c-5) The Board shall designate an exclusive

21 representative for purposes of collective bargaining when the

22 representative demonstrates a showing of majority interest by

23 employees in the unit. If the parties to a dispute are without

24 agreement on the means to ascertain the choice, if any, of

25 employee organization as their representative, the Board shall

26 ascertain the employees' choice of employee organization, on

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1 the basis of dues deduction authorization or other evidence,

2 or, if necessary, by conducting an election. The showing of

3 interest in support of a petition filed under this subsection

4 (c-5) may be evidenced by electronic communications, and such

5 writing or communication may be evidenced by the electronic

6 signature of the employee as provided under Section 5-120 of

7 the Electronic Commerce Security Act. The showing of interest

8 shall be valid only if signed within 12 months prior to the

9 filing of the petition. All evidence submitted by an employee

10 organization to the Board to ascertain an employee's choice of

11 an employee organization is confidential and shall not be

12 submitted to the employer for review. The Board shall

13 ascertain the employee's choice of employee organization

14 within 120 days after the filing of the majority interest

15 petition; however, the Board may extend time by an additional

16 60 days, upon its own motion or upon the motion of a party to

17 the proceeding. If either party provides to the Board, before

18 the designation of a representative, clear and convincing

19 evidence that the dues deduction authorizations, and other

20 evidence upon which the Board would otherwise rely to

21 ascertain the employees' choice of representative, are

22 fraudulent or were obtained through coercion, the Board shall

23 promptly thereafter conduct an election. The Board shall also

24 investigate and consider a party's allegations that the dues

25 deduction authorizations and other evidence submitted in

26 support of a designation of representative without an election

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1 were subsequently changed, altered, withdrawn, or withheld as

2 a result of employer fraud, coercion, or any other unfair

3 labor practice by the employer. If the Board determines that a

4 labor organization would have had a majority interest but for

5 an employer's fraud, coercion, or unfair labor practice, it

6 shall designate the labor organization as an exclusive

7 representative without conducting an election. If a hearing is

8 necessary to resolve any issues of representation under this

9 Section, the Board shall conclude its hearing process and

10 issue a certification of the entire appropriate unit not later

11 than 120 days after the date the petition was filed. The

12 120-day period may be extended one or more times by the

13 agreement of all parties to a hearing to a date certain.

14 (c-6) A labor organization or an employer may file a unit

15 clarification petition seeking to clarify an existing

16 bargaining unit. The Board shall conclude its investigation,

17 including any hearing process deemed necessary, and issue a

18 certification of clarified unit or dismiss the petition not

19 later than 120 days after the date the petition was filed. The

20 120-day period may be extended one or more times by the

21 agreement of all parties to a hearing to a date certain.

22 (d) An order of the Board dismissing a representation

23 petition, determining and certifying that a labor organization

24 has been fairly and freely chosen by a majority of employees in

25 an appropriate bargaining unit, determining and certifying

26 that a labor organization has not been fairly and freely

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1 chosen by a majority of employees in the bargaining unit or

2 certifying a labor organization as the exclusive

3 representative of employees in an appropriate bargaining unit

4 because of a determination by the Board that the labor

5 organization is the historical bargaining representative of

6 employees in the bargaining unit, is a final order. Any person

7 aggrieved by any such order issued on or after the effective

8 date of this amendatory Act of 1987 may apply for and obtain

9 judicial review in accordance with provisions of the

10 Administrative Review Law, as now or hereafter amended, except

11 that such review shall be afforded directly in the Appellate

12 Court of a judicial district in which the Board maintains an

13 office. Any direct appeal to the Appellate Court shall be

14 filed within 35 days from the date that a copy of the decision

15 sought to be reviewed was served upon the party affected by the

16 decision.

17 No election may be conducted in any bargaining unit during

18 the term of a collective bargaining agreement covering such

19 unit or subdivision thereof, except the Board may direct an

20 election after the filing of a petition between January 15 and

21 March 1 of the final year of a collective bargaining

22 agreement. Nothing in this Section prohibits the negotiation

23 of a collective bargaining agreement covering a period not

24 exceeding 3 years. A collective bargaining agreement of less

25 than 3 years may be extended up to 3 years by the parties if

26 the extension is agreed to in writing before the filing of a

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1 petition under this Section. In such case, the final year of

2 the extension is the final year of the collective bargaining

3 agreement. No election may be conducted in a bargaining unit,

4 or subdivision thereof, in which a valid election has been

5 held within the preceding 12 month period.

6 (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)

7 (115 ILCS 5/8) (from Ch. 48, par. 1708)

8 Sec. 8. Election - certification. Elections shall be by

9 secret ballot, and conducted in accordance with rules and

10 regulations established by the Illinois Educational Labor

11 Relations Board. A secret ballot election may be conducted

12 electronically by an electronic voting system in addition to

13 paper ballot voting systems.An incumbent exclusive bargaining

14 representative shall automatically be placed on any ballot

15 with the petitioner's labor organization. An intervening labor

16 organization may be placed on the ballot when supported by 15%

17 or more of the employees in the bargaining unit. The Board

18 shall give at least 30 days notice of the time and place of the

19 election to the parties and, upon request, shall provide the

20 parties with a list of names and addresses of persons eligible

21 to vote in the election at least 15 days before the election.

22 The ballot must include, as one of the alternatives, the

23 choice of "no representative". No mail ballots are permitted

24 except where a specific individual would otherwise be unable

25 to cast a ballot.

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1 The labor organization receiving a majority of the ballots

2 cast shall be certified by the Board as the exclusive

3 bargaining representative. If the choice of "no

4 representative" receives a majority, the employer shall not

5 recognize any exclusive bargaining representative for at least

6 12 months. If none of the choices on the ballot receives a

7 majority, a run-off shall be conducted between the 2 choices

8 receiving the largest number of valid votes cast in the

9 election. The Board shall certify the results of the election

10 within 6 working days after the final tally of votes unless a

11 charge is filed by a party alleging that improper conduct

12 occurred which affected the outcome of the election. The Board

13 shall promptly investigate the allegations, and if it finds

14 probable cause that improper conduct occurred and could have

15 affected the outcome of the election, it shall set a hearing on

16 the matter on a date falling within 2 weeks of when it received

17 the charge. If it determines, after hearing, that the outcome

18 of the election was affected by improper conduct, it shall

19 order a new election and shall order corrective action which

20 it considers necessary to insure the fairness of the new

21 election. If it determines upon investigation or after hearing

22 that the alleged improper conduct did not take place or that it

23 did not affect the results of the election, it shall

24 immediately certify the election results.

25 Any labor organization that is the exclusive bargaining

26 representative in an appropriate unit on the effective date of

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1 this Act shall continue as such until a new one is selected

2 under this Act.

3 (Source: P.A. 92-206, eff. 1-1-02.)

4 (115 ILCS 5/13) (from Ch. 48, par. 1713)

5 Sec. 13. Strikes.

6 (a) Notwithstanding the existence of any other provision

7 in this Act or other law, educational employees employed in

8 school districts organized under Article 34 of the School Code

9 shall not engage in a strike at any time during the 18 month

10 period that commences on the effective date of this amendatory

11 Act of 1995. An educational employee employed in a school

12 district organized under Article 34 of the School Code who

13 participates in a strike in violation of this Section is

14 subject to discipline by the employer. In addition, no

15 educational employer organized under Article 34 of the School

16 Code may pay or cause to be paid to an educational employee who

17 participates in a strike in violation of this subsection any

18 wages or other compensation for any period during which an

19 educational employee participates in the strike, except for

20 wages or compensation earned before participation in the

21 strike. Notwithstanding the existence of any other provision

22 in this Act or other law, during the 18-month period that

23 strikes are prohibited under this subsection nothing in this

24 subsection shall be construed to require an educational

25 employer to submit to a binding dispute resolution process.

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1 (b) Notwithstanding the existence of any other provision

2 in this Act or any other law, educational employees other than

3 those employed in a school district organized under Article 34

4 of the School Code and, after the expiration of the 18 month

5 period that commences on the effective date of this amendatory

6 Act of 1995, educational employees in a school district

7 organized under Article 34 of the School Code shall not engage

8 in a strike except under the following conditions:

9 (1) they are represented by an exclusive bargaining

10 representative;

11 (2) mediation has been used without success and, for

12 educational employers and exclusive bargaining

13 representatives to which subsection (a-5) of Section 12 of

14 this Act applies, at least 14 days have elapsed after the

15 Board has made public the parties' offers;

16 (2.5) if fact-finding was invoked pursuant to

17 subsection (a-10) of Section 12 of this Act, at least 30

18 days have elapsed after a fact-finding report has been

19 released for public information;

20 (2.10) for educational employees employed in a school

21 district organized under Article 34 of the School Code, at

22 least three-fourths of all bargaining unit employees who

23 are members of the exclusive bargaining representative

24 have affirmatively voted to authorize the strike;

25 provided, however, that all members of the exclusive

26 bargaining representative at the time of a strike

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1 authorization vote shall be eligible to vote;

2 (3) at least 10 days have elapsed after a notice of

3 intent to strike has been given by the exclusive

4 bargaining representative to the educational employer, the

5 regional superintendent and the Illinois Educational Labor

6 Relations Board;

7 (4) the collective bargaining agreement between the

8 educational employer and educational employees, if any,

9 has expired or been terminated; and

10 (5) the employer and the exclusive bargaining

11 representative have not mutually submitted the unresolved

12 issues to arbitration.

13 If, however, in the opinion of an employer the strike is or

14 has become a clear and present danger to the health or safety

15 of the public, the employer may initiate in the circuit court

16 of the county in which such danger exists an action for relief

17 which may include, but is not limited to, injunction. The

18 court may grant appropriate relief upon the finding that such

19 clear and present danger exists.However, no such relief shall

20 be granted unless the educational employer demonstrates an

21 inability to procure temporary replacements despite its best

22 efforts. Cost shall not be a factor in determining such

23 inability.An unfair practice or other evidence of lack of

24 clean hands by the educational employer is a defense to such

25 action. Except as provided for in this paragraph, the

26 jurisdiction of the court under this Section is limited by the

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1 Labor Dispute Act.

2 (6) If the court orders any of the educational

3 employees in the affected unit to return to work, the

4 court shall require the educational employer and exclusive

5 representative to participate in the impasse arbitration

6 procedures set forth in this paragraph (6). The court

7 shall also require the educational employer to provide

8 educational employees ordered to return to work with an

9 hourly wage, exclusive of benefits or other pay,

10 equivalent to those the educational employer is paying any

11 temporary replacement employees in connection with the

12 work stoppage, provided that such hourly wage rate for any

13 temporary replacement employee exceeds the educational

14 employee's regular hourly wage rate. The court shall

15 determine for which employees such procedures in this

16 paragraph (6) shall apply.

17 (A) After such a court order, either the exclusive

18 representative or the educational employer may request

19 of the other, in writing, arbitration, and shall

20 submit a copy of the request to the Board. Within 14

21 days after such request, each party shall appoint one

22 member to a panel of arbitration as provided in this

23 subsection (b) unless the parties agree to proceed

24 without a tri-partite panel. Following these

25 appointments, if any, the parties shall select a

26 qualified impartial individual to serve as the neutral

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1 chairperson of the arbitration panel, if applicable.

2 An individual shall be considered qualified to serve

3 as the chairperson of the arbitration panel, if

4 appropriate, if he or she was not the same individual

5 who was appointed as the mediator and if the

6 individual satisfies all of the following

7 requirements:

8 (i) The individual's membership is in good

9 standing with the National Academy of Arbitrators,

10 Federal Mediation and Conciliation Service, or the

11 American Arbitration Association for a minimum of

12 10 years membership on the mediation roster for

13 the Illinois Labor Relations Board or Illinois

14 Educational Labor Relations Board.

15 (ii) The individual has received issuance of

16 at least 5 interest arbitration awards arising

17 under the Illinois Public Labor Relations Act.

18 (iii) The individual has participated in

19 impasse resolution processes arising under private

20 or public sector collective bargaining statutes in

21 other states.

22 If the parties are unable to agree on a

23 chairperson, the parties shall request a panel of

24 arbitrators who satisfy the requirements set forth in

25 this paragraph (A) from either the Federal Mediation

26 and Conciliation Service or the American Arbitration

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1 Association and shall select a chairperson from such

2 panel in accordance with the procedures established by

3 the organization providing the panel.

4 (B) The chairperson shall call a hearing to begin

5 within 15 days and give reasonable notice of the time

6 and place of the hearing. The hearing shall be held at

7 the offices of the Board or at such other location as

8 the Board deems appropriate. The chairperson shall

9 preside over the hearing and shall take testimony. Any

10 oral or documentary evidence and other data deemed

11 relevant by the arbitration panel may be received in

12 evidence. The proceedings shall be informal. Technical

13 rules of evidence shall not apply and the competency

14 of the evidence shall not thereby be deemed impaired.

15 A verbatim record of the proceedings shall be made and

16 the arbitrator shall arrange for the necessary

17 recording service. Transcripts may be ordered at the

18 expense of the party ordering the transcripts, but the

19 transcripts shall not be necessary for a decision by

20 the arbitration panel. The expense of the proceedings,

21 including a fee for the chairperson, shall be borne

22 equally by each of the parties to the dispute. The

23 delegates, if public officers or employees, shall

24 continue on the payroll of the public employer without

25 loss of pay. The hearing conducted by the arbitration

26 panel may be adjourned from time to time but, unless

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1 otherwise agreed by the parties, shall be concluded

2 within 30 days of the time of its commencement.

3 Majority actions and rulings shall constitute the

4 actions and rulings of the arbitration panel.

5 Arbitration proceedings under this Section shall not

6 be interrupted or terminated by reason of any unfair

7 labor practice charge filed by either party at any

8 time.

9 (C) The arbitration panel may administer oaths and

10 require the attendance of witnesses and the production

11 of such books, papers, contracts, agreements, and

12 documents as may be deemed material to a just

13 determination of the issues in dispute and may issue

14 subpoenas for such purpose. If any person refuses to

15 obey a subpoena, refuses to be sworn, or refuses to

16 testify or if any witness, party, or attorney is found

17 guilty of contempt while in attendance at any hearing,

18 the arbitration panel may, or the attorney general if

19 requested shall, invoke the aid of any circuit court

20 within the jurisdiction in which the hearing is being

21 held, which court shall issue an appropriate order.

22 Any failure to obey the order may be punished by the

23 court as contempt.

24 (D) At any time before the rendering of an award,

25 the chairperson of the arbitration panel, if the

26 chairperson is of the opinion that it is useful or

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1 beneficial to do so, may remand the dispute to the

2 parties for further collective bargaining for a period

3 not to exceed 2 weeks. If the dispute is remanded for

4 further collective bargaining, the time provisions of

5 this Act shall be extended for a time period equal to

6 that of the remand. The chairperson of the panel of

7 arbitration shall notify the Board of the remand.

8 (E) At or before the conclusion of the hearing

9 held pursuant to subparagraph (B), the arbitration

10 panel shall identify the economic issues in dispute

11 and direct each of the parties to submit, within such

12 time limit as the panel shall prescribe, to the

13 arbitration panel and to each other its last offer of

14 settlement on each economic issue. The determination

15 of the arbitration panel as to the issues in dispute

16 and as to which of these issues are economic shall be

17 conclusive. The arbitration panel, within 30 days

18 after the conclusion of the hearing, or such further

19 additional periods to which the parties may agree,

20 shall make written findings of fact and promulgate a

21 written opinion and shall mail or otherwise deliver a

22 true copy thereof to the parties and their

23 representatives and to the Board. As to each economic

24 issue, the arbitration panel shall adopt the last

25 offer of settlement that, in the opinion of the

26 arbitration panel, more nearly complies with the

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1 applicable factors prescribed in subparagraph (F). The

2 findings, opinions, and order as to all other issues

3 shall be based upon the applicable factors prescribed

4 in subparagraph (F).

5 (F) If there is no agreement between the parties,

6 or if there is an agreement but the parties have begun

7 negotiations or discussions looking to a new agreement

8 or amendment of the existing agreement, and wage rates

9 or other conditions of employment under the proposed

10 new or amended agreement are in dispute, the

11 arbitration panel shall base its findings, opinions,

12 and order upon any of the following factors as may be

13 applicable:

14 (i) the lawful authority of the educational

15 employer;

16 (ii) the stipulations of the parties;

17 (iii) the interests and welfare of the public

18 and the financial ability of the unit of

19 government to meet those costs;

20 (iv) comparison of the wages, hours, and

21 conditions of employment of the employees involved

22 in the arbitration proceeding with the wages,

23 hours, and conditions of employment of other

24 employees performing similar services and with

25 other employees generally in public employment in

26 comparable communities or in private employment in

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1 comparable communities;

2 (v) the average consumer prices for goods and

3 services, commonly known as the cost of living;

4 (vi) the overall compensation presently

5 received by the employees, including direct wage

6 compensation, vacations, holidays and other

7 excused time, insurance and pensions, medical and

8 hospitalization benefits, the continuity and

9 stability of employment, and all other benefits

10 received;

11 (vii) any changes in circumstances in

12 subdivision (i) through (vi) during the pendency

13 of the arbitration proceedings; and

14 (viii) other factors, not confined to the

15 foregoing, that are normally or traditionally

16 taken into consideration in the determination of

17 wages, hours, and conditions of employment through

18 voluntary collective bargaining, mediation,

19 fact-finding, or arbitration or otherwise between

20 the parties in public service or in private

21 employment.

22 (G) Arbitration procedures shall be deemed to be

23 initiated by the filing of a letter requesting

24 mediation as required under subparagraph (A). The

25 commencement of a new fiscal year after the initiation

26 of arbitration procedures under this Section but

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1 before the arbitration decision or its enforcement

2 shall not be deemed to render a dispute moot or to

3 otherwise impair the jurisdiction or authority of the

4 arbitration panel or its decision. Increases in the

5 rates of compensation awarded by the arbitration panel

6 may be effective only at the beginning of the fiscal

7 year commencing after the date of the arbitration

8 award. If a new fiscal year has commenced either since

9 the initiation of arbitration procedures under this

10 Act or since any mutually agreed extension of the

11 statutorily required period of mediation under this

12 Section by the parties to the labor dispute causing a

13 delay in the initiation of arbitration, the foregoing

14 limitations shall be inapplicable, and such awarded

15 increases may be retroactive to the commencement of

16 the fiscal year, notwithstanding any other law or

17 charter provision to the contrary. The parties may, by

18 stipulation, amend or modify an award of arbitration

19 at any time.

20 (H) Orders of the arbitration panel shall be

21 reviewable, upon appropriate petition by either the

22 educational employer or the exclusive bargaining

23 representative, by the circuit court for the county in

24 which the dispute arose or in which a majority of the

25 affected employees reside, but only if (i) the

26 arbitration panel was without or exceeded its

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1 statutory authority, (ii) the order is arbitrary or

2 capricious, or (iii) the order was procured by fraud,

3 collusion, or other similar and unlawful means. The

4 petition for review must be filed with the appropriate

5 circuit court within 90 days following the issuance of

6 the arbitration order. The pendency of such proceeding

7 for review shall not automatically stay the order of

8 the arbitration panel. The party against whom the

9 final decision of any such court shall be adverse, if

10 such court finds such appeal or petition to be

11 frivolous, shall pay reasonable attorney's fees and

12 costs to the successful party as determined by the

13 court in its discretion. If the court's decision

14 affirms the award of money, the award, if retroactive,

15 shall bear interest at the rate of 12% per annum from

16 the effective retroactive date.

17 (I) During the pendency of proceedings before the

18 arbitration panel, existing wages, hours, and other

19 conditions of employment shall not be changed by the

20 action of either party without the consent of the

21 other party, but a party may so consent without

22 prejudice to the party's rights or position under this

23 Act. The proceedings are deemed to be pending before

24 the arbitration panel upon the initiation of

25 arbitration procedures under this Act.

26 (J) Educational employees who are covered under

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1 this subsection (b) may not withhold services.

2 Educational employers who are covered under this

3 subsection (b) may not lock out or prevent educational

4 employees from performing services at any time.

5 (K) All of the terms decided upon by the

6 arbitration panel shall be included in an agreement to

7 be submitted to the educational employer's governing

8 body for ratification and adoption by law, ordinance,

9 or the equivalent appropriate means. The governing

10 body shall review each term decided by the arbitration

11 panel. If the governing body fails to reject one or

12 more terms of the arbitration panel's decision by a

13 three-fifth vote of those duly elected and qualified

14 members of the governing body within 20 days of

15 issuance, the term or terms shall become a part of the

16 collective bargaining agreement of the parties. If the

17 governing body affirmatively rejects one or more terms

18 of the arbitration panel's decision, the governing

19 body must provide reasons for the rejection with

20 respect to each term rejected by the governing body

21 within 20 days after the rejection. The parties shall

22 return to the arbitration panel for further

23 proceedings and issuance of a supplemental decision

24 with respect to the rejected terms. Any supplemental

25 decision made by an arbitration panel or other

26 decision maker that is agreed to by the parties shall

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1 be submitted to the governing body for ratification

2 and adoption in accordance with the procedures and

3 voting requirements set forth in this Section. The

4 voting requirements of this subparagraph (K) shall

5 apply to all disputes submitted to arbitration

6 pursuant to this paragraph (6), notwithstanding any

7 contrary voting requirements contained in any existing

8 collective bargaining agreement between the parties.

9 (L) If the governing body of the educational

10 employer votes to reject the panel's decision, the

11 parties shall return to the panel, within 30 days from

12 the issuance of the reasons for rejection, for further

13 proceedings and issuance of a supplemental decision.

14 All reasonable costs of such supplemental proceeding,

15 including the exclusive representative's reasonable

16 attorney's fees as established by the Board, shall be

17 paid by the employer.

18 (c) Notwithstanding any other provision in this Section to

19 the contrary, the employer and exclusive representative may

20 agree to submit unresolved disputes concerning wages, hours,

21 terms, and conditions of employment to an alternative form of

22 impasse resolution.

23 (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,

24 eff. 1-1-14.)

25 (115 ILCS 5/14) (from Ch. 48, par. 1714)

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1 Sec. 14. Unfair labor practices.

2 (a) Educational employers, their agents or representatives

3 are prohibited from:

4 (1) Interfering, restraining or coercing employees in

5 the exercise of the rights guaranteed under this Act.

6 (2) Dominating or interfering with the formation,

7 existence or administration of any employee organization.

8 (3) Discriminating in regard to hire or tenure of

9 employment or any term or condition of employment to

10 encourage or discourage membership in any employee

11 organization.

12 (4) Discharging or otherwise discriminating against an

13 employee because he or she has signed or filed an

14 affidavit, authorization card, petition or complaint or

15 given any information or testimony under this Act.

16 (5) Refusing to bargain collectively in good faith

17 with an employee representative which is the exclusive

18 representative of employees in an appropriate unit,

19 including, but not limited to, the discussing of

20 grievances with the exclusive representative; provided,

21 however, that if an alleged unfair labor practice involves

22 interpretation or application of the terms of a collective

23 bargaining agreement and said agreement contains a

24 grievance and arbitration procedure, the Board may defer

25 the resolution of such dispute to the grievance and

26 arbitration procedure contained in said agreement.

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1 (6) Refusing to reduce a collective bargaining

2 agreement to writing and signing such agreement.

3 (7) Violating any of the rules and regulations

4 promulgated by the Board regulating the conduct of

5 representation elections.

6 (8) Refusing to comply with the provisions of a

7 binding arbitration award.

8 (9) Expending or causing the expenditure of public

9 funds to any external agent, individual, firm, agency,

10 partnership or association in any attempt to influence the

11 outcome of representational elections held pursuant to

12 paragraph (c) of Section 7 of this Act; provided, that

13 nothing in this subsection shall be construed to limit an

14 employer's right to be represented on any matter

15 pertaining to unit determinations, unfair labor practice

16 charges or pre-election conferences in any formal or

17 informal proceeding before the Board, or to seek or obtain

18 advice from legal counsel. Nothing in this paragraph shall

19 be construed to prohibit an employer from expending or

20 causing the expenditure of public funds on, or seeking or

21 obtaining services or advice from, any organization, group

22 or association established by, and including educational

23 or public employers, whether or not covered by this Act,

24 the Illinois Public Labor Relations Act or the public

25 employment labor relations law of any other state or the

26 federal government, provided that such services or advice

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1 are generally available to the membership of the

2 organization, group, or association, and are not offered

3 solely in an attempt to influence the outcome of a

4 particular representational election.

5 (10) Interfering with, restraining, coercing,

6 deterring or discouraging educational employees or

7 applicants to be educational employees from: (1) becoming

8 members of an employee organization; (2) authorizing

9 representation by an employee organization; or (3)

10 authorizing dues or fee deductions to an employee

11 organization, nor shall the employer intentionally permit

12 outside third parties to use its email or other

13 communications systems to engage in that conduct. An

14 employer's good faith implementation of a policy to block

15 the use of its email or other communication systems for

16 such purposes shall be a defense to an unfair labor

17 practice.

18 (11) Disclosing to any person or entity information

19 set forth in subsection (d) of Section 3 of this Act that

20 the employer knows or should know will be used to

21 interfere with, restrain, coerce, deter, or discourage any

22 public employee from: (i) becoming or remaining members of

23 a labor organization, (ii) authorizing representation by a

24 labor organization, or (iii) authorizing dues or fee

25 deductions to a labor organization.

26 (12) Promising, threatening, or taking any action (i)

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1 to permanently replace an employee who participates in a

2 strike under Section 13 of this Act, (ii) to discriminate

3 against an employee who is working or has unconditionally

4 offered to return to work for the employer because the

5 employee supported or participated in such as a strike, or

6 (iii) to lockout, suspend, or otherwise withhold from

7 employment employees in order to influence the position of

8 such employees or the representative of such employees in

9 collective bargaining prior to a strike.

10 (b) Employee organizations, their agents or

11 representatives or educational employees are prohibited from:

12 (1) Restraining or coercing employees in the exercise

13 of the rights guaranteed under this Act, provided that a

14 labor organization or its agents shall commit an unfair

15 labor practice under this paragraph in duty of fair

16 representation cases only by intentional misconduct in

17 representing employees under this Act.

18 (2) Restraining or coercing an educational employer in

19 the selection of his representative for the purposes of

20 collective bargaining or the adjustment of grievances.

21 (3) Refusing to bargain collectively in good faith

22 with an educational employer, if they have been designated

23 in accordance with the provisions of this Act as the

24 exclusive representative of employees in an appropriate

25 unit.

26 (4) Violating any of the rules and regulations

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1 promulgated by the Board regulating the conduct of

2 representation elections.

3 (5) Refusing to reduce a collective bargaining

4 agreement to writing and signing such agreement.

5 (6) Refusing to comply with the provisions of a

6 binding arbitration award.

7 (c) The expressing of any views, argument, opinion or the

8 dissemination thereof, whether in written, printed, graphic or

9 visual form, shall not constitute or be evidence of an unfair

10 labor practice under any of the provisions of this Act, if such

11 expression contains no threat of reprisal or force or promise

12 of benefit.

13 (c-5) The employer shall not discourage public employees

14 or applicants to be public employees from becoming or

15 remaining union members or authorizing dues deductions, and

16 shall not otherwise interfere with the relationship between

17 employees and their exclusive bargaining representative. The

18 employer shall refer all inquiries about union membership to

19 the exclusive bargaining representative, except that the

20 employer may communicate with employees regarding payroll

21 processes and procedures. The employer will establish email

22 policies in an effort to prohibit the use of its email system

23 by outside sources.

24 (d) The actions of a Financial Oversight Panel created

25 pursuant to Section 1A-8 of the School Code due to a district

26 violating a financial plan shall not constitute or be evidence

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1 of an unfair labor practice under any of the provisions of this

2 Act. Such actions include, but are not limited to, reviewing,

3 approving, or rejecting a school district budget or a

4 collective bargaining agreement.

5 (Source: P.A. 101-620, eff. 12-20-19; revised 8-21-20.)".