conducting election for sole bargaining unit representative

1
Illinois Educational Relations Act

• Educational Administration
• EDUC 509

2
Illinois Educational Labor Relations Act

• IELRA Enacted January 1, 1984
• Sets rules, regulations and procedures in
  Illinois
• Public Educational Employers
• Educational Employees
• Illinois Educational Labor Relations Board
• IELRB Administrative Board
• Seven members appointed by Governor
• Approved by senate

3
Purpose of IELRA

• Affords public school employees
• Right to Organize
• Right to select labor organization for
  representation
• Right to bargain with education employers

4
Responsibilities of parties under the Act

• Obligations of employers and employees
• Bargain in good faith
• Enter into written contracts
• Arbitrate differences during term of the contract

5
Duties of the IELRB

• Monitors strikes
• Conducting election for sole bargaining unit
  representative
• Investigate and present findings of unfair labor
  practices
• Maintains list of qualified arbitrators and
  mediators
• Follow precedents of ILRB when Act does not
  prescribe legal actions
• Private sector

6
Right to Strike

• If represented by an exclusive bargaining
  representative
• Mediation is not successful
• 10 days notice given to the educational employer
  representative, Regional Superintendent and IELRB
• Agreement has expired
• Not already mutually submitted unresolved issues
  to arbitration
• Note
• Prior to the Act Illinois averaged 25 strike
  per year
• After Act average is 5-10 per year

7
Representation Elections and Petitions

• Employee organizations seeking recognition
• Voluntary recognition by board or by petition if
  no other representative is present.
• Petition only if another representative is
  legally in place or if combined professional and
  nonprofessional employee unit is proposed

8
Voluntary Recognition

• Notify IELRB
• Number of employees
• Date of notice of posting of proposed recognition
• 20 day before proposed date (School days)
• Deadline for competing organizations to request
  recognition
• Petition required by competing organization (15
  appropriate members)
• File request for certification with IELRB
• IELRB may approve certification

9
Representation Petitions

• Filed by an employee, a group of employees or by
  a union
• Petition required of 30 of appropriate
  employees (Showing of Interest)
• Petition is good for six months
• File petition and have it approved by the IELRB
• IELRB sends all parties a notice of the filing
• If no objections, IELRB send all parties a notice
  of an election

10
Representation Elections

• Bargaining Unit Determinations (Commonality)
• Employee skills and functions
• Degree of interaction of employees into the same
  function
• Interchangeability and contact among employees
• Common supervision
• Common wages, hours and working conditions
• Historical patterns for recognition
• Desires of employees

11
Representation Elections

• Election supervised by the IELRB
• Conducted once the IELRB has resolved hearings
  (usually less than three months)
• Ten day notice for absentee ballots
• Majority wins election
• Ballots are counted immediately
• Appeals must be filed within five working days

12
Other Petitions

• Decertification petitions
• Remove exclusive bargaining unit representation
• Procedurally similar to certification petitions
• Petitions for clarification of bargaining unit
• Filed by Employer or employee representative
• Help to clarify commonality,
• 14 days for employer to respond to petition
• Petition for self determination
• Filed by employee(s) or bargaining unit
• Add unrepresented employees to bargaining unit

13
Unfair Labor Practices

• Unfair Labor Practices
• Charges filed against an employer or a union
  alleging a violation of the IELRA
• Interfere or restrain employs right under Act
• Interfering with formation or existence of union
• Tenure or employment discrimination or employment
  condition because of union affiliation or
  membership
• Refusing to sign or reduce to writing a bargained
  agreement
• Violations regarding elections by IELRB
• Refusal to comply with binding arbitration
• Use of public funds to influence election
• Refusal to bargain in good faith
• Must be filed within 6 months

14
Fair Share

• Right of individuals to not be a member of the
  union
• Union shop Closed shop
• Agency shop Union and non union
• Open shop No Union Recognition
• Fair Share Employee may choose to not be a
  union member but still have to pay for union
  representation at the bargaining table

15
Types of Bargaining

• Mandatory Bargaining item
• Salary, Benefits and Working Conditions
• Prohibited Negotiation Item
• State tenure law provisions, smoking on school
  grounds
• Permissible
• Parking requirements, committee memberships

16
Commonly Negotiated Clauses

• Sunset Provision
• The entire contract or a single clause in a
  contract has an ending date indicating when the
  contract or clause will no longer be in effect.
  Normally, at the end of a contract period if a
  the contracts provisions remain in force. A
  strike is an exception to this rule.
• Managements Rights Clause
• Contract language having an affect of allowing
  management to dictate actions of the district
  when the contract is silent and when issues do
  not include wages, benefits and working
  conditions.

17
Commonly Negotiated Clauses

• Grievance Procedure
• A grievance is any allegation by an employee or
  bargaining representative indicating the employer
  has violated a specific clause(s) in the
  contract.
• A grievance is required in all bargained
  contracts
• Bind arbitration must be the final step in the
  grievance procedure
• Binding arbitration
• Usually AAA and parties must comply or an ULP is
  committed
• Mediation
• Voluntary engagement of a 3rd party to resolve
  differences. Compliance is also voluntary
• Required Mediation
• Must occur for a strike to take place