Bill Text: IL SB0811 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning unfair labor practice procedures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-23 - Chief Sponsor Changed to Sen. Don Harmon [SB0811 Detail]

Download: Illinois-2021-SB0811-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0811 Introduced 2/25/2021, by Sen. Don Harmon 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
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Educational Labor Relations Act is
amended by changing Section 15 as follows:
(115 ILCS 5/15) (from Ch. 48, par. 1715)
Sec. 15. Unfair labor practice procedure. A charge of
unfair labor practice may be filed with the 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

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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 to, injunctions. 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

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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.)