Ill. Admin. Code tit. 80 § 1110.80

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

Section 1110.80 - Showing of Interest

a) Representation petitions filed by employees, groups of employees and employee organizations that seek an election and all decertification petitions must be accompanied by a 30 percent showing of interest. Majority interest petitions must be accompanied by a showing of majority interest.

1) The showing of interest in support of a representation petition seeking an election shall consist of authorization cards, petitions, or other evidence which demonstrates that at least 30 percent of the employees in the proposed bargaining unit desire to be represented for collective bargaining by the petitioned for or petitioning employee organization.

2) The showing of interest in support of a decertification petition shall consist only of cards or petitions clearly stating that the employee does not want the incumbent employee organization to continue serving as exclusive representative.

3) The showing of interest in support of a majority interest petition shall consist of current dues deduction authorizations, authorization cards, petitions, or other evidence that demonstrates that more than 50 percent of the employees wish to be represented for collective bargaining by the petitioned for or petitioning employee organization. An authorization card including the information in Appendix A shall be considered sufficient to support a showing of majority interest.

4) The showing of interest in support of a petition may be evidenced by the electronic signature of the employee, as set forth in subsections (i) through (m).

b) A petition to intervene in an election or majority interest proceeding must be supported by a 15 percent showing of interest when the petition proposes a bargaining unit substantially similar to the originally proposed unit. In the case of a majority interest petition, the requirements of Section 1110.105(q) also apply. When the intervenor proposes a bargaining unit substantially different from the originally proposed unit, the petition must be supported by a 30 percent showing of interest in the case of a petition seeking an election and a showing of majority interest in the case of a majority interest petition. In determining whether the proposed bargaining units are substantially similar, the Board will consider the number and type of employees in each of the proposed units. The proposed units will not be considered substantially similar whenever less than 50 percent of the employees in the originally proposed unit are included in the unit proposed by the intervenor. An incumbent exclusive representative shall automatically be allowed to intervene without submitting any showing of interest.

c) If authorization cards or petitions are submitted as a showing of interest, each signature appearing thereon should be dated by the employee.

d) Each signature appearing on an authorization card or petition shall be effective for twelve months from the date it was given.

e) In the case of a petition seeking an election, whenever an employee has signed authorization cards or petitions for two or more employee organizations, each card or petition shall be counted in computing the required showing of interest. In the case of a majority interest petition, whenever an employee has signed authorization cards or petitions for two or more employee organizations, neither card or signature on a petition shall be counted in computing the required showing of interest.

f) The Board shall maintain the confidentiality of the showing of interest. The evidence submitted in support of the showing of interest shall not be furnished to any of the parties.

g) The Executive Director will determine whether the evidence submitted demonstrates the appropriate level of showing of interest pursuant to subsections (a) and (b). Except as provided in Section 1110.105, the showing of interest shall not be subject to collateral attack and shall not be an issue at hearing. However, any person who has evidence that the showing of interest was fraudulent or was obtained through misrepresentation or coercion may bring the evidence to the attention of the Board's agent investigating the petition.

h) If the Executive Director determines that the evidence submitted does not demonstrate the appropriate level of showing of interest, the petitioner or intervenor shall have 48 hours to provide the necessary showing of interest to the Executive Director, except as provided by Section 1110.105(p). If the petitioner or intervenor is unable to present any necessary additional evidence of showing of interest within that time, then the petition shall be subject to dismissal.

i) Authorization cards or other documents evidencing majority support may be signed with an electronic signature.

j)"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. [815 ILCS 333/2(8) ].

k) Submissions supported by electronic signature must contain the following:

1) the signer's name;

2) the signer's email address or other known contact information;

3) the signer's telephone number;

4) the language to which the signer has agreed;

5) the date the electronic signature was submitted; and,

6) the name of the employer of the employee.

l) Submissions supported by electronic signature will be verified by the Board or its agent.

m) Submissions supported by electronic signature may not contain dates of birth, social security numbers, or other sensitive personal identifiers. The Board will not accept such submissions until the petitioner redacts them.

Ill. Admin. Code tit. 80, § 1110.80

Amended at 28 Ill. Reg. 7938, effective May 28, 2004

Amended at 47 Ill. Reg. 19307, effective 12/21/2023