Ill. Admin. Code tit. 80 § 1210.190

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1210.190 - Expedited Elections Pursuant to Section 10(b)(7)(C) of the Act

a) Whenever a labor organization is engaged in activities set forth in Section 10(b)(7)(C) of the Act, the employer may file a petition for an expedited election.

b) Labor organizations and employees may not file petitions for expedited elections.

c) A petition for an expedited election shall contain the same information as set forth in Section 1210.40 of this Part for representation petitions. A petition for an expedited election shall also contain a detailed statement describing the picketing, including the date the picketing began. The petition shall be accompanied by evidence, including relevant documents and affidavits, supporting the employer's allegation of activities as set forth in Section 10(b)(7)(C) of the Act. The petition shall be served by the Board on the labor organization.

d) The Board shall investigate the petition. The investigation shall include an expedited hearing where one is necessary to resolve disputed issues of fact concerning the appropriateness of the bargaining unit or the appropriateness of an expedited election. The parties shall be given at least 24 hours notice of the hearing.

e) If, after investigation, the Board determines that recognitional or organizational picketing within the meaning of Section 10(b)(7)(C) of the Act is continuing, it shall direct an expedited election. The order directing an expedited election shall establish the bargaining unit, the date for the election, and the number of observers that the parties may have.

f) The expedited election shall be conducted on site, in accordance with Section 1210.140. Objections to the election may be filed in accordance with Section 1210.150.

g) After completion of the election, any continuation of the activities as set forth in Section 10(b)(7)(C) of the Act or any threat to continue such activities shall constitute a violation of Section 10(b)(7)(B) of the Act.

Ill. Admin. Code tit. 80, § 1210.190

Amended at 27 Ill. Reg. 7393, effective May 1, 2003