Whenever the Illinois Educational Labor Relations Board commences an action under subsection (b) of Section 16 of the Illinois Educational Labor Relations Act seeking to enforce a final order of the Board or alleging a violation of a final order, such action shall be commenced by petition filed in the name of the people of the State of Illinois as Petitioner and any persons charged with alleged violation of such final order shall be designated Respondents. Persons charged with alleged violation of such final order may not raise as defenses in such action any matters that such persons could have raised by initiating judicial review of such final order in accordance with subsection (a) of Section 16 of the Illinois Educational Labor Relations Act and Section 3-104 of the Administrative Review Law.
2-417.Actions under Illinois Educational Labor Relations Act.
Article II. Civil Practice · Part 4. Parties · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-417 requires enforcement actions the Illinois Educational Labor Relations Board brings to be filed as a petition in the People's name, and bars respondents from raising defenses they could have raised earlier through judicial review.
Full Text of 735 ILCS 5/2-417
Plain-English Summary
When the Illinois Educational Labor Relations Board commences an action under subsection (b) of Section 16 of the Illinois Educational Labor Relations Act — to enforce a final Board order or to allege a violation of one — that action is commenced by a petition filed in the name of the People of the State of Illinois as Petitioner. Anyone charged with violating the final order is designated a Respondent.
A Respondent in that kind of action cannot raise, as a defense, any matter that could have been raised by seeking judicial review of the final order under subsection (a) of Section 16 of the Illinois Educational Labor Relations Act and Section 3-104 of the Administrative Review Law.
Frequently Asked Questions
How does the Illinois Educational Labor Relations Board start an enforcement action?
By filing a petition in the name of the People of the State of Illinois as Petitioner, naming as Respondents the persons charged with violating the Board's final order.
What can a Respondent not raise as a defense in that enforcement action?
Any matter the Respondent could have raised by seeking judicial review of the final order under subsection (a) of Section 16 of the Illinois Educational Labor Relations Act and Section 3-104 of the Administrative Review Law.
Why would a Respondent be barred from raising certain defenses at this stage?
Because this section treats those defenses as ones that belonged in a judicial-review proceeding challenging the Board's order, not in the later action to enforce it.
Does this section apply to every kind of Board action, or a specific one?
It applies specifically to actions the Board commences under subsection (b) of Section 16 of the Illinois Educational Labor Relations Act, seeking to enforce a final order or alleging a violation of one.
Who is named as the party bringing this kind of enforcement action?
The People of the State of Illinois, as Petitioner.
Amendment History
(Source: P.A. 84-123.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: Illinois Educational Labor Relations Board enforcement actionIELRB petition to enforce orderadministrative review illinois labor board orderenforcing a final IELRB order in court