Illinois Administrative Code
Title 80 - PUBLIC OFFICIALS AND EMPLOYEES
Part 1220 - UNFAIR LABOR PRACTICE PROCEEDINGS
Section 1220.100 - Unfair Labor Practice Charges Involving Fair Share Fees and Unlawfully-Collected Dues

1) Unfair labor practice charges that proportionate share fees violate the Act shall be filed and processed in accordance with this Part.

2) The Board shall consolidate charges involving proportionate share fees in accordance with 80 Ill. Adm. Code 1200.105. Specifically, the Board shall consolidate in a single proceeding all proportionate share fee charges involving the same bargaining unit. The Board shall consolidate charges involving two or more bargaining units whenever it determines that the exclusive representatives are affiliated with a common employee organization, the exclusive representatives use similar methods for determining fair share fees, the consolidation would not prejudice the constitutional and statutory rights of the objecting employees, and the consolidation would resolve the charges in an efficient manner.

3) In hearings on fair share fee charges, the exclusive representative shall have the burden of proving how the fair share fee was calculated and that the fee did not exceed the employee's proportionate share of the costs of the collective bargaining process, contract administration and pursuing matters affecting wages, hours and conditions of employment. (Section 3(g) and (e) of the Act)

1) Unfair labor practice charges that a labor organization has unlawfully collected dues from a public employee in violation of the Act shall be filed and processed in accordance with this Part.

2) In cases in which a public employee alleges that a labor organization has unlawfully collected dues, the public employer shall continue to deduct the employee's dues from the employee's pay, but shall transmit the dues to the Board for deposit in an escrow account maintained by the Board. (Section 6(f-35) of the Act)

3) An exclusive representative must maintain an escrow account for the purpose of holding dues deductions to which employees have objected.

4) The employer shall transmit the entire amount of dues to the exclusive representative, and the exclusive representative shall hold them in escrow.

5) An escrow account maintained by an exclusive representative shall meet the following standards: