80 Ill. Adm. Code 1200.10
Definitions
Section 1200
Section 1200.10Â Definitions
The definitions contained in
Section 3 of the Act shall apply to this Part, as well as the following:
"Act"
means the Illinois Public Labor Relations Act [5 ILCS 315].
"Administrative
Law Judge" means an attorney licensed to practice law in Illinois who is
authorized by the Board to conduct hearings and write recommended decisions and
orders.
"Administrative
Law Judge's recommended decision and order" means findings of fact and
conclusions of law and reasons for those findings and conclusions. It is not a
final decision of the Board. Such a recommended decision and order will be
reviewed by the Board upon the filing of exceptions or on the Board's own
motion.
"Board"
means the Illinois Labor Relations Board or State or Local Panel,
individually
as applicable, or an agent designated by the Board.
"Board agent"
means any Board employee who is designated by the Board to perform the acts
and/or responsibilities outlined in the relevant sections of the rules.
"Charging
party" means the person, employer or labor organization filing an unfair
labor practice charge.
"Complaint"
means a Board document issued to the parties in an unfair labor practice
proceeding, notifying them of a hearing and setting forth the issues of fact or
law to be resolved at the hearing.
"Employer"
means "public employer" or "employer" as defined in Section
3(o) of the Act or the party named in a representation petition, unit
clarification petition, decertification petition or voluntary recognition
petition as the employer of the unit described in the petition.
"Exclusive
representative" means "exclusive representative" as defined in
Section 3(f) of the Act.
"Executive
Director's Order" includes reports concerning challenges and objections to
an election; deferrals to arbitration; orders holding cases in abeyance;
dismissals; directions of election; and other similar orders. These orders are
not final decisions of the Board but are the results of investigations. The
Board, upon the filing of an appeal, shall review such orders except that
orders and parts of orders finding sufficient issues of law and fact sufficient
to warrant a hearing are not appealable.
"Fact-finding"
means a process whereby an employer and an exclusive representative submit
their disputes concerning the terms of a new collective bargaining agreement to
a neutral third party for non-binding findings of fact and recommendations.
"General
public employee unit" means 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" means 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" means 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.
"Incumbent
exclusive representative" means the existing exclusive representative of
the employees in the bargaining unit.
"Initial
contract" means a first collective bargaining agreement between an exclusive
representative and an employer, covering a bargaining unit, following
certification of that exclusive representative.
"Interest
arbitration" means a process in which an employer and an exclusive
representative submit their disputes concerning the terms to be included in a
new collective bargaining agreement for resolution by a neutral third party.
"Compulsory interest arbitration" shall refer to interest arbitration
engaged in pursuant to Section 14 of the Act. "Voluntary interest
arbitration" shall refer to all other interest arbitration engaged in
under the Act.
"Labor
organization" means "labor organization" as defined in Section
3(i) of the Act.
"Mediation"
means 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.
"Petitioner"
means the party named in a representation petition, unit clarification
petition, decertification petition or voluntary recognition petition as having
filed the petition.
"Protective
services unit" means 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.
(Section 14(a) of the Act)
"Representation
petition" means either a traditional representation petition to determine
a union's majority support through an election (election petition) as set forth
in Section 9(a)(1) and (2) of the Act or a petition filed pursuant to the
Board's card check procedures (majority interest petition) as set forth in
Section 9(a-5) of the Act.
"Respondent"
means the party named in an unfair labor practice charge or complaint as having
allegedly committed the unfair labor practice.
"Successor
contract" means 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.