Ill. Admin. Code tit. 80, § 1210.150 - Objections to the Election
a) Any
party to the election may file objections with the Board alleging that the
result was not fairly and freely chosen by a majority of the employees. The
party must serve its objections on the other parties to the election prior to
or simultaneously with their filing with the Board.
b) Objections must be received by the Board
no later than five days after the final tally was served on the
representatives. Pending challenges to ballots shall not stay the time for
filing objections.
c) The objecting
party shall, within five days after filing objections, submit to the Board a
statement of material facts and issues and a summary of material
evidence.
d) The Executive Director
shall promptly investigate the allegations and, at the conclusion of the
investigation, issue a report on the challenges and/or objections. If the
Executive Director finds no reasonable cause to believe that the result of the
election was not fairly and freely chosen, he shall issue a report dismissing
the challenges and objections. Parties may appeal the Executive Director's
report in accordance with 80 Ill. Adm. Code
1200.135. If the Executive
Director finds reasonable cause to believe that the result of the election was
not fairly and freely chosen by a majority of the employees, the Executive
Director shall set the matter for hearing before an Administrative Law Judge.
The Administrative Law Judge will conduct the hearing in accordance with
Section 1210.107. If it is determined,
after hearing, that the result was not fairly and freely chosen by a majority
of the employees, the Board shall order a new election and shall order
corrective action it finds necessary to ensure the fairness of the new
election. If it is determined that the result was fairly and freely chosen by a
majority of the employees, the Board shall promptly certify the election
results.
Notes
Amended at 27 Ill. Reg. 7393, effective May 1, 2003
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.