ILCS » Chapter 115 · Act 5
Illinois Compiled Statutes

115 ILCS 5/16 (2026)

Judicial review

✓ current as of May 2026
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(115 ILCS 5/16) (from Ch. 48, par. 1716)
    Sec. 16. Judicial review.
    (a) A charging party or any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may apply for and obtain judicial review of an order of the Board entered under this Act in accordance with the provisions of the Administrative Review Law, as now or hereafter amended, except that such judicial review shall be taken directly to the Appellate Court of a judicial district in which the Board maintains an office. Any direct appeal to the Appellate Court shall be filed within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.
    (b) Whenever it appears that any person has violated a final order of the Board issued under this Act, the Board may commence an action in the name of the people of the State of Illinois by petition, alleging the violation, attaching a copy of the order of the Board, and praying for the issuance of an order directing the person, his officers, agents, servants, successors, and assigns to comply with the order of the Board. Upon the commencement of the action, the Court may grant or refuse, in whole or in part, the relief sought, provided that the Court may stay an order of the Board in accordance with Section 3-111 of the Code of Civil Procedure pending disposition of the proceedings. The Court may punish a violation of its order as in civil contempt.
    (c) The proceedings provided in subsection (b) of this Section shall be commenced in the Appellate Court of a judicial district in which the Board maintains an office.
    (d) The Board may, upon issuance of an unfair labor practice complaint, petition the circuit court where the alleged unfair practice which is the subject of the Board's complaint was allegedly committed, or where a person required to cease and desist from such alleged unfair labor practice resides or transacts business, for appropriate temporary relief or a restraining order. Upon the filing of any such petition the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper.
    (e) In any judicial review proceeding brought hereunder, the employee organization may sue or be sued as an entity and in behalf of the employees whom it represents. The service of legal process, summons, or subpoena upon an officer or agent of the employee organization in his or her capacity as such, shall constitute service upon said employee organization.
(Source: P.A. 88-1.)

    
Notes of Decisions
Cited in 45 cases (7 in the last 5 years), 1994–2026 · leading case: W. Illinois Univ. v. Illinois Educ. Labor Relations Bd., 2021 IL 126082 (Ill. 2021).
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W. Illinois Univ. v. Illinois Educ. Labor Relations Bd., 2021 IL 126082 (Ill. 2021). “115 ILCS 5/16 (West 2016). On administrative review, this court reviews the decision of the agency, here the Board, rather than that of the appellate court.”
Niles Twp. High Sch. Dist. 219 v. Illinois Educ. Labor Relations Bd., 883 N.E.2d 29 (Ill. App. Ct. 2007). “The District appeals directly to this court under section 16(a) of the Act (115 ILCS 5/16(a) (West 2004) (judicial review of an IELRB decision is to be made directly with the appellate court)).”
Griggsville-Perry Cmty. Unit Sch. Dist. No. 4 v. Illinois Educ. Labor Relations Bd., 2013 IL 113721 (Ill. 2013). “1, 1994), and section 16(a) of the Act (115 ILCS 5/16(a) (West 2008)). The court, with one justice dissenting, reversed the decision of the IELRB.”
Niles Twp. High Sch. Dist. 219 v. Illinois Educ. Labor Relations Bd., 859 N.E.2d 57 (Ill. App. Ct. 2006). “The District appeals directly to this court (115 ILCS 5/16(a) (West 2004)) from the IELRB’s opinion and order.”
Chicago Teachers Un., Local 1, A. Fed. of Teachers, Afl-Cio v. Educ. Labor Rel. Bd., 800 N.E.2d 475 (Ill. App. Ct. 2003). “) 115 ILCS 5/16(a) (West 2000). Neither the Act nor the Administrative Review Law defines “final order.”
Bd. of Educ., City of Peoria Sch. Dist. No. 150 v. State of Illinois Labor Relations Bd., 741 N.E.2d 690 (Ill. App. Ct. 2000). · cites it 2× “150 (District), seeks direct review (115 ILCS 5/16(a) (West 1998); 155 Ill. 2d R.”
Bd. of Educ. of the City of Chicago v. Illinois Educ. Labor Relations Bd., 2015 IL 118043 (Ill. 2016). “115 ILCS 5/16(a) (West 2010). Under the Administrative Review Law, the scope of judicial review extends to all questions of law and fact presented by the record before the court.”
Pierce v. Illinois Educ. Labor Relations Bd., 777 N.E.2d 570 (Ill. App. Ct. 2002). · cites it 2× “See 115 ILCS 5/16(a) (West 1998). Section 3 — 102 of the Administrative Review Law states that “[i]f *** an administrative decision has become final because of the failure to file any document in the nature of objections, protests, petition for hearing or application for…”
Chicago Sch. Reform Bd. of Trustes v. Illinois Educ. Relations Bd., 734 N.E.2d 69 (Ill. App. Ct. 2000). “See 115 ILCS 5/16(a) (West 1996). For the reasons that follow, we affirm.”
Bd. of Trs. of the Univ. of Illinois v. Illinois Educ. Labor Relations Bd., 653 N.E.2d 882 (Ill. App. Ct. 1995). “A difference in precedent would lead to undesirable confusion and forum shopping. Thus, we follow the fourth district’s reasoning in Thornton and give deference to the Board’s interpretation of its regulation.”
Black Hawk Coll. Prof'l Technical Unit v. Illinois Educ. Labor Relations Bd., 655 N.E.2d 1054 (Ill. App. Ct. 1995). · cites it 2× “(See 115 ILCS 5/16(a) (West 1992).) The College also filed in the appellate court a petition for direct review of the Board’s order pursuant to Supreme Court Rule 335, challenging the Board’s ruling that the self-determination petition to merge is not barred by section 7(d) of…”
Bd. of Educ. of the City of Chicago v. Illinois Educ. Labor Relations Bd., 2015 IL 118043 (Ill. 2015). “115 ILCS 5/16(a) (West 2010). Under the Administrative Review Law, the scope of judicial review extends to all questions of law and fact presented by the record before the court.”
Show all 45 citing cases →
— 115 ILCS 5/16(a) — 36 cases
Niles Twp. High Sch. Dist. 219 v. Illinois Educ. Labor Relations Bd., 883 N.E.2d 29 (Ill. App. Ct. 2007). “The District appeals directly to this court under section 16(a) of the Act (115 ILCS 5/16(a) (West 2004) (judicial review of an IELRB decision is to be made directly with the appellate court)).”
Griggsville-Perry Cmty. Unit Sch. Dist. No. 4 v. Illinois Educ. Labor Relations Bd., 2013 IL 113721 (Ill. 2013). “1, 1994), and section 16(a) of the Act (115 ILCS 5/16(a) (West 2008)). The court, with one justice dissenting, reversed the decision of the IELRB.”
Niles Twp. High Sch. Dist. 219 v. Illinois Educ. Labor Relations Bd., 859 N.E.2d 57 (Ill. App. Ct. 2006). “The District appeals directly to this court (115 ILCS 5/16(a) (West 2004)) from the IELRB’s opinion and order.”
Chicago Teachers Un., Local 1, A. Fed. of Teachers, Afl-Cio v. Educ. Labor Rel. Bd., 800 N.E.2d 475 (Ill. App. Ct. 2003). “) 115 ILCS 5/16(a) (West 2000). Neither the Act nor the Administrative Review Law defines “final order.”
Bd. of Educ., City of Peoria Sch. Dist. No. 150 v. State of Illinois Labor Relations Bd., 741 N.E.2d 690 (Ill. App. Ct. 2000). “150 (District), seeks direct review (115 ILCS 5/16(a) (West 1998); 155 Ill. 2d R.”
— 115 ILCS 5/16(d) — 1 case
Niles Twp. High Sch. Dist. 219 Bd. of Educ. v. Niles Twp. Fed'n of Teachers, Local 1274, 692 N.E.2d 700 (Ill. App. Ct. 1997).
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