Labor disputes tend to be very costly and time consuming. Below, we
will review key aspects of the grievance/arbitration procedures and
procedures of the Unfair Labor Relations Board, and focus on how
Districts can streamline these processes and maximize their chances of
success in a dispute.
I. Unfair Labor Practices
1. Illinois Educational Labor Relations Act Procedures
a. Filing of Charge
b. Timeliness of the Charge
c. Response to a Charge
d. Issuance of Complaint
e. Filing an Answer to the Complaint
f. Timeliness of the Answer
g. Pre-hearing Memorandum
h. Pre-hearing rights of the parties
i. Rights and Authority of the Hearing Officer
j. Recommended Decision
k. Appeals to the Appellate Court
2. Employer Unfair Labor Practices
a. Protected Activity
b. Standard of Proof
c. Independent 14(a)(1) Violations
i. Promises of Benefits or Threats of Reprisal
ii. Employer Domination or Support of Union
iii. Discrimination Based on Union Membership or Concerted Protected Activity
d. Duty to Bargain in Good Faith
i. Refusal to Bargain Mandatory Subjects
ii. Bypassing Union Representatives/Direct Dealing
e. Other Unfair Labor Practices
i. Refusal to Comply with a Binding Arbitration Award
ii. Refusal to Process Grievances
iii. Violation of Rules and Regulations of the IELRB
3. Union Unfair Labor Practices
a. Restraint or Coercion of Other Employees
b. Violation of the Duty of Fair Representation
c. Refusal to Bargain in Good Faith
II. Grievances
1. Common Contract Provisions
a. Timelines
b. Specificity
2. Limits on Arbitrability
III. Arbitration
1. Grievance procedures culminate in binding arbitration whereby the union can appeal the employer’s denial of a grievance at the last step of the grievance procedure to a third-party neutral arbitrator selected by the parties to hear and decide the merits of the grievance. Grievance arbitration normally consists of a relatively formal hearing before the arbitrator, often transcribed by a court reporter, in which the parties present witnesses, introduces documentary evidence, and argue the merits of their cases. Arbitration awards normally are in writing and are issued following the hearing or the submission of post-hearing briefs, whichever is later.
Labor arbitrators often are, but are not required to be, lawyers. An arbitrator’s function is to serve as a neutral, third-party contract dispute resolution specialist and, in that capacity, to interpret the collective bargaining agreement.
2. Arbitration Rules
3. Arbitration Procedures
4. Timelines
5. Arbitration Resolution