Administrative Law Judge: Licensed
attorneys who are employed by the Board to conduct hearings and to issue
recommended decisions and orders concerning the issues raised at the hearing.
Charge: An allegation made by
a public employee, public employer or a labor organization (charging party)
of an unfair labor practice under the Act. The charging party must complete
an unfair labor practice charge form detailing the basis of the charge
as well as other relevant information when filing a charge with the Board.
Charging Party: The person or
entity filing an unfair labor practice charge with the Board.
Collective bargaining: The process
by which the employer and the exclusive bargaining representative negotiate
over employees' wages, hours and/or terms and conditions of employment.
Complaint: A document setting
forth alleged unfair labor practices and the issues to be resolved at a
hearing. The complaint is issued by the Executive Director when he finds
that an unfair labor practice charge has sufficient merit to warrant a
hearing. The complaint contains a notice of hearing before a designated
administrative law judge.
Deferral to arbitration: The
process by which the Board may decline to resolve such disputes through
a hearing and instead submits (defers) the resolution of such disputes
to the grievance and arbitration procedure contained in the parties' collective
bargaining agreement. When the Board defers an unfair labor practice charge,
it reserves the authority to determine whether the arbitrator's award addresses
the issues raised in that charge to ensure that the statutory rights of
a charging party and/or public employees are being protected.
Duty of Fair Representation:
The labor organization which exclusively represents employees in a particular
bargaining unit is required to represent the interests of each employee
in the unit equitably; that is, without discrimination. Under the Act,
a union violates its duty of fair representation only by intentional misconduct,
which means that to support an unfair labor practice charge against the
union, the employee must show evidence of fraud, deceitful actions or dishonest
conduct by the union and that the union intentionally acted to harm or
disadvantage him or her. Mere negligence is not sufficient to violate the
Union's duty of fair representation.
Fair Share Agreement: An agreement
between the employer and an employee organization under which the employees
in a collective bargaining unit are required to pay their proportionate
share of the costs of the collective bargaining process, contract administration,
and pursuing matters affecting wages, hours, and other conditions of employment.
Fair share fees may not exceed the amount of dues required of members.
Good faith bargaining: Obligation
of the public employer and the representative of the public employees to
meet at reasonable times and to negotiate in good faith with respect to
wages, hours, and other conditions of employment, or the negotiation of
an agreement, or any question arising thereunder and the execution of a
written contract incorporating any agreement reached if requested by either
party.
Grievance: A dispute between
an employer and the union or between an employer and an employee regarding
the application or meaning of a term of the collective bargaining agreement
or arising out of employment conditions.
Illinois Public Labor Relations
Act: A set of administrative laws by which the Illinois Labor Relations
Board regulates labor relations between public employers and employees,
including the designation of employee representatives, negotiation of wages,
hours and other conditions of employment, and resolution of disputes arising
under collective bargaining agreements.
Illinois Labor Relations Board,
Local Panel: An Illinois state agency which has jurisdiction over collective
bargaining agreement matters between employee organizations and units of
local government with a population in excess of 2 million persons, but
excluding the Regional Transportation Authority. The Local Panel of the
Illinois Labor Relations Board consists of the Chairman of the State Panel
and two additional members, one appointed by the Mayor of the City of Chicago
and one appointed by the President of the Cook County Board of Commissioners.
The Local Panel is responsible for interpreting the Illinois Public Labor
Relations Act.
Illinois Labor Relations Board,
State Panel: An Illinois state agency which, has jurisdiction over
collective bargaining matters between employee organizations and the State
of Illinois, excluding the General Assembly of the State of Illinois, between
employee organizations and units of local government and school districts
with a population not in excess of 1 million persons, and between employee
organizations and the Regional Transportation Authority. The State Panel
of the Illinois Labor Relations Board consists of the Chairman and 4 members
appointed by the Governor, with the advice and consent of the Senate. The
State Panel is responsible for interpreting the Illinois Public Labor Relations
Act.
Impasse: A "deadlock" or stalemate
in negotiations between management and union officials over terms and conditions
of employment. Whether an impasse bargaining exists is a matter of judgment
for the Board and depends on such factors as bargaining history, the good
faith of the parties in negotiations, the length of the negotiations, the
importance of the issue or issues as to which there is disagreement, and
the contemporaneous understanding of the parties as to the state of negotiations.
Respondent: The public employer
or union against whom the charge is filed.
Rules and Regulations of the Illinois
Labor Relations Board: A set of rules, which set forth the procedures,
which govern all Board proceedings.
Unfair labor practice: An action
by a public employer or a labor organization, which violates the rights
guaranteed by the Act to public employees, labor organizations and public
employers. Some employer unfair labor practices include discrimination
on the basis of union activity, refusal to bargain in good faith, interference,
restraint and coercion with protected rights. Some union unfair labor practices
include breach of the duty of fair representation, refusal to bargain in
good faith and interference, restraint and coercion. The State and Local
Panels of the Board do not have jurisdiction over discrimination that is
motivated by an individual's race, age, gender, religion, disability or
political persuasion.
Unfair labor practice hearing:
When the Executive Director determines that an unfair labor practice charge
contains issues of fact or law which require a hearing to resolve them
he issues a Complaint for Hearing. The Board assigns an administrative
law judge to hear the matter. On an agreed upon date, the parties present
their case to the administrative law judge. The hearing is a formal proceeding
consisting of opening statements and examination and cross-examination
of witnesses, submission of exhibits as evidence, rebuttal and closing
arguments. The charging party has the burden of proving the allegations
in the charge. The hearing is stenographically transcribed. After reviewing
the record and all relevant evidence, including any post-hearing briefs
submitted by the parties, the administrative law judge issues a recommended
decision and order. The parties may appeal the recommended decision and
order to the Board. If no appeals are filed the recommended decision and
order becomes a non-precedential decision of the Board.
II. Representation Terms
Authorization card: Cards signed
and dated by employees and submitted as evidence of their interest in being
represented by a labor organization (showing of interest) for representation
and intervention petitions. In decertification petitions, cards are signed
and dated by employees and submitted as evidence of their interest in decertifying
the existing exclusive bargaining representative.
Bargaining unit: A class of
jobs or positions held by employees whose collective interests may suitably
be represented by a labor organization for collective bargaining.
Certification: Board document
which formally acknowledges (certifies) the outcome of the various representation
petitions and issues before the Board.
Certification bar: A Board restriction
against petitioners filing representation or decertification petitions
within 12 months following a voluntary recognition and Board certification
of an exclusive representative of all or some of the employees in the bargaining
unit.
Challenged ballot: A ballot,
which is objected to by an observer because of a question, concerning voter
eligibility.
Confidential employee: An employee
who is exempt from coverage under the Act because in the regular course
of his/her duties he assists and acts in a confidential capacity to persons
who formulate, determine, and effectuate management policies with regard
to labor relations or who have authorized access to information relating
to the employer's collective bargaining policies. (Section 3(c) of the
Act).
Consent Election: Representation
election conducted pursuant to an agreement (stipulation to a consent election)
between the petitioner and the employer whereby the employer has "consented"
to the election.
Contract bar: A Board rule that
restricts petitioners from filing representation and decertification petitions
while a collective bargaining agreement is in effect, except during the
window period.
Craft employee: Skilled journeyman,
crafts persons, and their apprentices and helpers. (Section 3(d) of the
Act).
Decertification Election:
Board-conducted procedure whereby individuals vote by secret ballot as
to whether they desire continued representation by their existing exclusive
bargaining representative.
Decertification petition:
A Board designated form filed by an employee or group of employees requesting
an election to determine whether a majority of the employees in an appropriate
bargaining unit maintain their desire to be represented by the existing
exclusive bargaining representative. The petition must be accompanied by
a 30% showing of interest.
Election bar: A Board restriction
against petitioners filing representation or decertification petitions
within 12 months following a valid Board-conducted election among all or
some of the employees in the bargaining unit.
Election observers: Individuals
designated by the petitioner and the employer to observe the election and
to observe the tallying of the ballots.
Exclusive bargaining representative:
A labor organization that has been designated by the Board as the representative
of a majority of public employees in an appropriate bargaining unit.
Firefighter: Any person who
has been or is appointed to a fire department or fire protection district
or employed by a state university and sworn or commissioned to perform
fire fighter duties or paramedic duties. Certain exclusions apply. (Section
3(g-1) of the Act).
Intervention petition: A Board
designated form filed by a labor organization seeking to participate in
an election to be held pursuant to a representation petition.
Labor organization: An organization
which exists for the purpose of representing the interests of public employees
concerning their wages, hours and other terms and conditions of employment,
including the settlement of grievances.
Mail ballot election: A Board-conducted
election whereby eligible employees receive their ballot in the mail and
they mark their choice and mail the ballot back to the Board. The Board
tallies the ballots on a set date.
Managerial employee: An individual
who is engaged predominantly in executive and management functions and
is charged with the responsibility of directing the effectuation of management
policies and practices. (Section 3(j) of the Act).
Objections to the Election:
A statement filed with the Board by a party to an election that alleges
that the election result was not fairly and freely chosen by a majority
of the employees.
Peace officer: Any persons who
have or are appointed to a police force, department, or agency and sworn
and commissioned to perform police duties. Certain exclusions apply. (Section
3(k) of the Act).
Petitioner: Term to describe
entity filing a petition with the Board.
Petitions to Amend Certification:
A Board designated form filed by an exclusive bargaining representative
whenever there is a change in its name or structure. An employer or exclusive
bargaining representative files such a petition whenever there is a change
in the structure of the unit's employing entity.
Petitions for Amendment or Clarification
of the Bargaining Unit (Unit clarification petition) (UC petition):
A Board designated form which a labor organization must complete and submit
to the Board when it seeks to include a unit of employees in an existing
bargaining unit. A UC petition is only appropriate under four circumstances.
See: FAQ
Professional employee: Any employee
engaged in work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work. (Section 3(m)
of the Act).
Public employee: An individual
employed by a public employer.
Public employer: The State of
Illinois, any political subdivision of the State, or a unit of local government.
Representation Election: Board-conducted
procedure whereby individuals vote by secret ballot as to whether they
desire representation by a labor organization.
Representation hearing: When
questions concerning representation arise, the Executive Director or the
administrative law judge assigned to the petition may order a hearing to
resolve such issues. Representation hearings are fact-finding proceedings
and are therefore considered non-adversarial in nature. On an agreed upon
date, the parties present their case before the administrative law judge.
Representation hearings are formal proceedings consisting of opening statements,
examination and cross-examination of witnesses, submission of exhibits
as evidence, rebuttal and closing arguments. The administrative law judge
may also require the parties to produce information relevant to making
a fact-finding determination. The hearing is stenographically transcribed.
After reviewing the record and all relevant evidence, including any post-hearing
briefs submitted by the parties, the administrative law judge issues a
recommended decision and order. The parties may appeal the recommended
decision and order to the Board. If no appeals are filed, the recommended
decision and order becomes a non-precedential decision of the Board.
Representation petition (RC petition):
A Board designated form which a labor organization must complete and submit
to the Board when it seeks to become the exclusive bargaining representative
of a unit of public employees. The petition must be accompanied by a 20%
showing of interest. See also: FAQ, Forms
Run-off Election: An election
conducted by the Board when there are three or more choices on the ballot
and no choice receives a majority of the valid ballots cast. The Board
conducts a run-off election between the two choices that received the most
votes.
Security employee: An employee
who is responsible for the supervision and control of inmates at correctional
facilities. (Section 3(p) of the Act).
Short-term employee:
An employee who is employed for less than two consecutive calendar quarters
during a calendar year and who does not have a reasonable assurance that
he or she will be rehired by the same employer for the same service in
a subsequent calendar year. (Section 3(q) of the Act).
Showing of interest: For representation
and intervention petitions, it is evidence, often in the form of authorization
cards indicating that an employee desires to be represented by a particular
labor organization; for decertification petitions, it is evidence that
an employee no longer wishes to be represented by the labor organization
which is the current exclusive bargaining representative.
Spoiled ballot: A ballot that
is defaced, torn, marked in such a manner that it is not understandable,
or identifies the voter.
Voluntary recognition petition (VR
petition): A Board designated
form that is filed jointly by an employer and a labor organization requesting
the Board certify the labor organization as the exclusive bargaining representative
without holding an election because the labor organization clearly represents
a majority of employees in an appropriate unit.
Voter eligibility: A set of
guidelines for determining whether an individual is eligible to vote in
an election. To be eligible to vote, an employee must have been in the
bargaining unit as of last day of the payroll period immediately prior
to the date of the direction of election or the approval of a consent election
agreement, and must still be in the bargaining unit on the date of the
election.
Window period: The acceptable
time frame for filing representation and decertification petitions (between
90 and 60 days prior to the expiration of a collective bargaining agreement)
with the Board.
III. Majority Interest Petitions
Majority Interest Petition: A representation petition filed by a labor organzation seeking certification
as the exclusive bargaining representative of a unit of employees through use of the Board's card check
procedures instead of an election.
Card Check: The process by which the Board determines whether a petitioner has satisfied the majority
showing of interest requirement in a majority interest petition.
IV. Police Officer Decertification
Interested Party: The defendant or any police officer who has personal knowledge that the
police officer who is the subject of a complaint has, while under oath, knowingly and willfully
made false statements as to a material fact going to an element of the offense of murder.
LETSB: Illinois Law Enforcement Training Standards Board created by the Illinois Police
Training Act.
Perjury: While under oath, knowingly and willfully making false statements as to a material
fact going to an element of the offense of murder.
Police Officer: Any individual who has been certified pursuant to the Illinois Police
Training Act.
Verified Complaint: The document filed with the Illinois Law Enforcement Training Standards
Board by a defendant or police officer with personal knowledge of perjured testimony in a murder
prosecution where there has been an acquittal.
V. Arbitration and Mediation Terms
Fact-finding:
A process whereby an employer and an exclusive representative submit their
disputes concerning the terms of a new collective bargaining agreement
to neutral third party for non-binding findings of fact and recommendations.
General Public Employee Unit:
Any bargaining unit of employees who, because they are not subject to Section
14 of the Act, have the right to strike in accordance with Section 17 of
the Act.
Grievance Arbitration: A process
whereby an employer and an exclusive representative submit a dispute concerning
the interpretation or application of an existing collective bargaining
agreement to a neutral third party for resolution.
Grievance Mediation: A process
whereby an employer and an exclusive representative employ a neutral third
party to communicate with the parties and endeavor to bring about an amicable,
voluntary resolution of a dispute over the interpretation or application
of an existing collective bargaining agreement.
Initial contract: Refers to
negotiations for a collective bargaining agreement covering a bargaining
unit that is not currently covered by a collective bargaining agreement
between the exclusive representative and the employer.
Interest Arbitration: A process
whereby an employer and an exclusive representative submit their disputes
concerning the terms of a new collective bargaining agreement for resolution
by a neutral third party. Compulsory interest arbitration refers to interest
arbitration engaged in pursuant to Section 14 of the Act. Voluntary interest
arbitration refers to all other interest arbitration engaged in under the
Act.
Mediation: A process whereby
an employer and an exclusive representative employ a neutral third party
to communicate with the parties and endeavor to bring about an amicable,
voluntary resolution of negotiations over the terms of a new collective
bargaining agreement.
Protective services unit: Any
bargaining unit subject to Section 14 of the Act in which the employees
accordingly do not have the right to strike. Such units are units of security
employees of a public employer, peace officer units, or units of firefighters
or paramedics.
Successor contract: Refers to
negotiations for a collective bargaining agreement covering a bargaining
unit that is currently covered by a collective bargaining agreement between
the exclusive representative and the employer.
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