{ "id": 291554, "name": "BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, Petitioner-Appellant, v. ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD et al., Respondents-Appellees", "name_abbreviation": "Board of Trustees of the University of Illinois v. Illinois Educational Labor Relations Board", "decision_date": "1995-07-17", "docket_number": "No. 1\u201493\u20143775", "first_page": "145", "last_page": "155", "citations": [ { "type": "official", "cite": "274 Ill. App. 3d 145" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "618 N.E.2d 554", "category": "reporters:state_regional", "reporter": "N.E.2d", "pin_cites": [ { "page": "559" } ], "opinion_index": 0 }, { "cite": "248 Ill. App. 3d 441", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2941896 ], "pin_cites": [ { "page": "449" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/248/0441-01" ] }, { "cite": "607 N.E.2d 346", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "pin_cites": [ { "page": "349" } ], "opinion_index": 0 }, { "cite": "239 Ill. App. 3d 726", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5148612 ], "weight": 2, "pin_cites": [ { "page": "729" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/239/0726-01" ] }, { "cite": "197 N.E.2d 492", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "pin_cites": [ { "page": "493" } ], "opinion_index": 0 }, { "cite": "47 Ill. App. 2d 81", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 5269926 ], "weight": 2, "pin_cites": [ { "page": "82-83" } ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/47/0081-01" ] }, { "cite": "613 N.E.2d 719", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1994, "pin_cites": [ { "page": "731" } ], "opinion_index": 0 }, { "cite": "155 Ill. 2d 149", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 4810318 ], "year": 1994, "pin_cites": [ { "page": "176" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/155/0149-01" ] }, { "cite": "335 N.E.2d 600", "category": "reporters:state_regional", "reporter": "N.E.2d", "pin_cites": [ { "page": "603" } ], "opinion_index": 0 }, { "cite": "32 Ill. App. 3d 83", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2792952 ], "pin_cites": [ { "page": "87" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/32/0083-01" ] }, { "cite": "558 N.E.2d 1222", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1975, "pin_cites": [ { "page": "1228" } ], "opinion_index": 0 }, { "cite": "201 Ill. App. 3d 415", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2594614 ], "year": 1975, "pin_cites": [ { "page": "424" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/201/0415-01" ] }, { "cite": "612 N.E.2d 523", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "149 Ill. 2d 660", "category": "reporters:state", "reporter": "Ill. 2d", "opinion_index": 0 }, { "cite": "606 N.E.2d 615", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1993, "pin_cites": [ { "page": "620" } ], "opinion_index": 0 }, { "cite": "238 Ill. App. 3d 436", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5156164 ], "weight": 2, "year": 1993, "pin_cites": [ { "page": "444" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/238/0436-01" ] }, { "cite": "144 Ill. App. 3d 38", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3499451 ], "pin_cites": [ { "page": "41" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/144/0038-01" ] }, { "cite": "585 N.E.2d 188", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "pin_cites": [ { "page": "193" } ], "opinion_index": 0 }, { "cite": "223 Ill. App. 3d 276", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5254990 ], "weight": 2, "pin_cites": [ { "page": "282" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/223/0276-01" ] }, { "cite": "559 N.E.2d 135", "category": "reporters:state_regional", "reporter": "N.E.2d", "pin_cites": [ { "page": "139" } ], "opinion_index": 0 }, { "cite": "201 Ill. App. 3d 502", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2593578 ], "pin_cites": [ { "page": "508" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/201/0502-01" ] }, { "cite": "530 N.E.2d 230", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1990, "pin_cites": [ { "page": "236" } ], "opinion_index": 0 }, { "cite": "124 Ill. 2d 370", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3217995 ], "year": 1990, "pin_cites": [ { "page": "383" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/124/0370-01" ] }, { "cite": "236 N.E.2d 719", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1988, "pin_cites": [ { "page": "720" } ], "opinion_index": 0 }, { "cite": "39 Ill. 2d 464", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2858779 ], "year": 1988, "pin_cites": [ { "page": "467" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/39/0464-01" ] }, { "cite": "499 N.E.2d 1381", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1968, "pin_cites": [ { "page": "1387" } ], "opinion_index": 0 }, { "cite": "114 Ill. 2d 209", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5542740 ], "year": 1968, "pin_cites": [ { "page": "222" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/114/0209-01" ] }, { "cite": "600 N.E.2d 1313", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 6, "pin_cites": [ { "page": "1316" }, { "page": "1317" }, { "page": "1316" }, { "page": "1316" }, { "page": "1315" } ], "opinion_index": 0 }, { "cite": "235 Ill. App. 3d 724", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5782976 ], "weight": 6, "pin_cites": [ { "page": "729" }, { "page": "731" }, { "page": "729" }, { "page": "729" }, { "page": "728" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/235/0724-01" ] }, { "cite": "422 N.E.2d 236", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "97 Ill. App. 3d 65", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3107279 ], "pin_cites": [ { "page": "69" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/97/0065-01" ] }, { "cite": "485 N.E.2d 584", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1981, "opinion_index": 0 }, { "cite": "137 Ill. App. 3d 965", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3639821 ], "year": 1981, "opinion_index": 0, "case_paths": [ "/ill-app-3d/137/0965-01" ] }, { "cite": "637 N.E.2d 647", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1985, "pin_cites": [ { "page": "649" } ], "opinion_index": 0 }, { "cite": "264 Ill. App. 3d 851", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 680609 ], "weight": 2, "year": 1985, "pin_cites": [ { "page": "854" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/264/0851-01" ] }, { "cite": "572 N.E.2d 978", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "213 Ill. App. 3d 344", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2604737 ], "pin_cites": [ { "page": "351" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/213/0344-01" ] }, { "cite": "557 N.E.2d 277", "category": "reporters:state_regional", "reporter": "N.E.2d", "pin_cites": [ { "page": "281" } ], "opinion_index": 0 }, { "cite": "197 Ill. App. 3d 1067", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2480763 ], "pin_cites": [ { "page": "1074" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/197/1067-01" ] }, { "cite": "558 N.E.2d 1307", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1990, "pin_cites": [ { "page": "1310" } ], "opinion_index": 0 }, { "cite": "201 Ill. App. 3d 633", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2595420 ], "year": 1990, "pin_cites": [ { "page": "637" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/201/0633-01" ] }, { "cite": "459 N.E.2d 925", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1990, "pin_cites": [ { "page": "928" } ], "opinion_index": 0 }, { "cite": "99 Ill. 2d 324", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3163484 ], "year": 1990, "pin_cites": [ { "page": "331-32" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/99/0324-01" ] }, { "cite": "570 N.E.2d 653", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "pin_cites": [ { "page": "658" }, { "page": "658" } ], "opinion_index": 0 }, { "cite": "211 Ill. App. 3d 761", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2527649 ], "weight": 2, "pin_cites": [ { "page": "769" }, { "page": "769" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/211/0761-01" ] } ], "analysis": { "cardinality": 1015, "char_count": 22987, "ocr_confidence": 0.742, "pagerank": { "raw": 2.1774477853053595e-07, "percentile": 0.7719172044393322 }, "sha256": "fc2572983bfaac297c292cff7b5822088f79ee0c2d6e9b8325af652ae64cbec7", "simhash": "1:3f3d08d629b76d40", "word_count": 3761 }, "last_updated": "2023-07-14T20:31:30.839378+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, Petitioner-Appellant, v. ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD et al., Respondents-Appellees." ], "opinions": [ { "text": "JUSTICE BUCKLEY\ndelivered the opinion of the court:\nThe Board of Trustees of the University of Illinois (the University) appeals the order of the Illinois Educational Labor Relations Board (the Board) which found that pursuant to Board regulations, the University did not have \"good cause\u201d to answer the Board\u2019s complaint three days late. On appeal the University argues: (1) the complaint was not properly served; (2) the Board erred in concluding that the University did not show \"good cause\u201d for filing its answer three days late; (3) the Board\u2019s application of \"good cause\u201d is arbitrary and unreasonable; and (4) the Board erred in awarding relief without a hearing.\nThe facts in this case are undisputed. On June 29, 1992, the University Police Association (the Union) filed an unfair labor practice charge with the Board against the University. The Union alleged that on or about January 1, 1992, the University began to make deductions from employees\u2019 paychecks for the cost of health insurance premiums without prior notice to the Union and without affording the Union the opportunity to negotiate and bargain. The Union also claimed that the University engaged in discriminatory practices in order to discourage membership in an employee organization. The Union further alleged that the University failed and refused to bargain collectively and that it had been engaging in unfair labor practices within the meaning of the Illinois Educational Labor Relations Act (the Act) (115 ILCS 5/1 et seq. (West 1992)). After an investigation, the Board\u2019s executive director issued a complaint on December 17, 1992, naming the Union as the complainant and the University as the respondent.\nThe complaint was sent by certified mail and received by counsel for the University on December 21, 1992. On that same date, a copy of the complaint was sent by first class mail to: \"University of Illinois at Chicago, 2388 University Hall Box 4348, Chicago, Illinois 60608.\u201d Section 1120.30(d) of the Board\u2019s regulations requires that an answer be filed no later than 15 days after service of a complaint. (80 Ill. Adm. Code \u00a7 1120.30(d) (1994).) However, the University filed its answer to the complaint on January 8, 1993, or 18 days after the University\u2019s attorney was served with the complaint. On January 11, 1993, the Union filed a \"Motion for Entry of Order that Allegations of Complaint be Deemed Admitted,\u201d which is the equivalent to a motion for a default judgment. On January 12, 1993, the Board issued an order requesting the University to show cause to support a denial of the Union\u2019s motion. In response, the University explained that its attorney had misrecorded the date the complaint had been served as December 24, 1992, and this caused the University to file its answer three days late. The hearing officer concluded that the University did not have \"good cause\u201d to file a late answer and on April 27, 1993, issued a \"Recommended Decision and Order\u201d granting the Union\u2019s motion. On September 23, 1993, the Board affirmed the hearing officer\u2019s decision and this appeal followed.\nI\nThe University\u2019s first contention is that the complaint was not properly served \"upon the party complained of,\u201d as required by the Act. The issue is whether the Board\u2019s regulation, providing for service on a party\u2019s representative, is valid. The complaint was sent by certified mail to the attorney who appeared for the University during the Board\u2019s precomplaint investigation of the Union\u2019s unfair labor practice charge. The University maintains that the Board\u2019s regulation, which provides for service on the party\u2019s representative, conflicts with the plain language of the Act.\nThe statute creating an administrative agency defines the authority of the agency to adopt rules and regulations and the agency cannot extend or alter the operation of the statute by its regulations. (Gunia v. Cook County Sheriff\u2019s Merit Board (1991), 211 Ill. App. 3d 761, 769, 570 N.E.2d 653, 658.) Therefore, a rule or regulation which conflicts with the statute is invalid. (Gunia, 211 Ill. App. 3d at 769, 570 N.E.2d at 658.) The party challenging the validity of a regulation bears the burden of proving its invalidity. (Begg v. Board of Fire & Police Commissioners (1984), 99 Ill. 2d 324, 331-32, 459 N.E.2d 925, 928.) An administrative regulation carries the same presumption of validity as a statute, and so long as the regulation furthers the purpose of the statute and is not arbitrary, unreasonable or capricious, it will be sustained. Coronet Insurance Co. v. Washburn (1990), 201 Ill. App. 3d 633, 637, 558 N.E.2d 1307, 1310; Kankakeeland Community Action Program, Inc. v. Department of Commerce & Community Affairs (1990), 197 Ill. App. 3d 1067, 1074, 557 N.E.2d 277, 281.\nThe purpose of the Illinois Educational Labor Relations Act is \"to promote orderly and constructive relationships between all educational employees and their employers.\u201d (115 ILCS 5/1 (West 1992).) The legislature has determined that the best way to accomplish this policy is to, among other things, establish \"procedures to provide for the protection of the rights of the educational employee, the educational employer and the public.\u201d 115 ILCS 5/1 (West 1992).\nSection 15 of the Act states in pertinent part:\n\"A charge of unfair labor practice may be filed with the Board by an employer, an individual or a labor organization. If the Board after investigation finds that the charge states an issue of law or fact, it shall issue and cause to be served upon the party complained of a complaint which fully states the charges ***.\u201d (Emphasis added.) (115 ILCS 5/15 (West 1992).)\nSection 5(g) of the Act provides: \"The Board may promulgate rules and regulations which allow parties in proceedings before the Board to be represented by counsel or any other person knowledgeable in the matters under consideration.\u201d (115 ILCS 5/5(g) (West 1992).) Finally, section 1100.20 of the Board\u2019s regulations provides in relevant part:\n\"c) The Board will serve petitions, intervening claims and unfair labor practice charges on the appropriate parties by either personal service, registered or certified mail, or by leaving a copy at the principal office or place of business of the person required to be served.\nd) All documents, except those listed in subsection (c), above, will be served on the appropriate parties by the party propounding the document, either by the methods listed in subsection (c), or by first class mail, or overnight delivery service. When a party is represented in a proceeding before the Board, service shall be on the party\u2019s representative.\u201d (Emphasis added.) 80 Ill. Adm. Code \u00a7\u00a7 1100.20(c), (d) (1994).\nThe Board found that the complaint was properly served in accordance with Board regulations by sending the complaint by certified mail to the attorney representing the University. In addition, according to the Board, this complaint was not within one of the categories covered by section 1100.20(c), and, therefore, service on the University by first class mail was sufficient. We need not address whether service was satisfied by mailing the complaint to the University because we find service was properly made on the University\u2019s attorney.\nEffecting service on a party by serving that party\u2019s attorney of record has been recognized repeatedly as the accepted practice in both administrative and judicial proceedings. See Foley v. Metropoli tan Sanitary District of Greater Chicago (1991), 213 Ill. App. 3d 344, 351, 572 N.E.2d 978 (and cases cited therein) (stating \"[g]enerally, notice to an attorney is notice to the client and knowledge of an attorney is knowledge of, or imputed to, the client notwithstanding whether the attorney has actually communicated such knowledge to the client\u201d); White v. Department of Employment Security (1994), 264 Ill. App. 3d 851, 637 N.E.2d 647; Board of Education of St. Charles Community Unit School District, No. 303 v. Adelman (1985), 137 Ill. App. 3d 965, 485 N.E.2d 584; Massoud v. Board of Education of Valley View Community District No. 365-U (1981), 97 Ill. App. 3d 65, 69, 422 N.E.2d 236 (stating \"[ejertainly, an attorney of record before an administrative agency is appointed to receive sendee for his client, barring an express statement to the contrary in his entry of appearance\u201d).\nFurthermore, the Board\u2019s regulation at issue furthers the purpose of the Act. The University has failed to show how this statute is arbitrary or unreasonable. This regulation does not conflict with the Act; rather, it details the procedure for service \"upon the party\u201d and allows the parties to be represented by counsel in matters before the Board. This particular regulation was designed to prevent a party from getting stuck in the mire of administrative procedure. By providing for service on a party\u2019s representative, the Board has diminished the possibility, in most cases, that a filing deadline will be missed. The fact that the regulation may have disadvantaged the University in this case is not a sufficient basis for finding that the regulation conflicts with the Act. Service on the University\u2019s attorney was entirely proper and effective in this case.\nII\nWe next address the issue of whether the University showed \"good cause\u201d for filing its answer three days late. Section 1120.30(d)(4) of the Board\u2019s regulations provides that leave to file a late answer may be granted by the hearing officer \"for good cause shown.\u201d (80 Ill. Adm. Code \u00a7 1120.30(d)(4) (1994).) The regulation further states: \"Good cause will include: a written statement by the party of: ultimate facts showing a meritorious defense to the complaint; and either a reasonable excuse explaining the party\u2019s failure to file a timely answer, or that the party was prevented from filing a timely answer by: fraud, act or concealment of the opposing party; accident; excusable mistake; or lack of notice, lack of jurisdiction or other grounds traditionally relied upon for equitable relief from judgments.\u201d (80 Ill. Adm. Code \u00a7 1120.30(d)(4) (1994).) The Board has held that the \"good cause\u201d standard was \"modeled after the procedure for vacating a default judgment under section 2 \u2014 1401 of the Illinois Civil Practice Act.\u201d City Colleges of Chicago No. 508, 7 Pub. Employee Rep. (Ill.) par. 1018, No. 91\u2014CA\u20140005\u2014C, at IX \u2014 84 (IELRB December 31, 1990 (Hearing Officer)), adopted, 7 Pub. Employee Rep. (Ill.) par. 1055, No. 91\u2014CA\u20140005\u2014C (IELRB April 17, 1991).\nIn Board of Education of Thornton Township High School District No. 205 v. Illinois Educational Labor Relations Board (1992), 235 Ill. App. 3d 724, 600 N.E.2d 1313, the fourth district held that the Board\u2019s interpretation of the \"good cause\u201d regulation was not arbitrary or unreasonable and applied the section 2 \u2014 1401 standard. (Thornton, 235 Ill. App. 3d at 729, 600 N.E.2d at 1316.) In Thornton, the Board issued a complaint naming the school district as the respondent. The attorney for the school district filed an answer to the complaint 63 days late. The attorney had forgotten to answer because he was experiencing a heavy work load and a family crisis at the time. The Board granted the union\u2019s motion for a default judgment, finding that the attorney\u2019s heavy work load and family crisis did not constitute \"good cause.\u201d On appeal, the court held that the school district did not have a reasonable excuse for filing a late answer and affirmed the decision of the Board. The court concluded:\n\"Finally, we note that when passing upon requests for relief under section 2 \u2014 1401 of the Code *** courts have been held to have some discretion. [Citations.] Logically, the IELRB was similarly possessed of some discretion in ruling here. Particularly in view of the expressed policy of speedy resolution of educational labor relations disputes [citation] we find no abuse of discretion occurred.\u201d Thornton, 235 Ill. App. 3d at 731, 600 N.E.2d at 1317.\nThe Illinois Supreme Court has held that a motion for relief from judgment under section 2 \u2014 1401 is not intended to relieve a party from the consequences of its own mistake or negligence. (Smith v. Airoom, Inc. (1986), 114 Ill. 2d 209, 222, 499 N.E.2d 1381, 1387; Esczuk v. Chicago Transit Authority (1968), 39 Ill. 2d 464, 467, 236 N.E.2d 719, 720.) A party seeking relief under section 2 \u2014 1401 is held responsible for its attorney\u2019s action or failure to act. Kaput v. Hoey (1988), 124 Ill. 2d 370, 383, 530 N.E.2d 230, 236; Gruss v. Beverley (1990), 201 Ill. App. 3d 502, 508, 559 N.E.2d 135, 139.\nThe cases cited by the University to support its position are distinguishable. For example, the University cites Genesis & Sons, Ltd. v. Theodosopoulos (1991), 223 Ill. App. 3d 276, 585 N.E.2d 188, in which the court reversed a circuit court denial of vacatur where there were allegations of unconscionable conduct on the part of the plaintiff\u2019s attorney, such as a failure to comply with a notification requirement. However, the court noted:\n\"By our decision in this case, we are not relaxing our rule that breakdowns in law office procedures are not excusable negligence. (Carroll Service Co. v. Schneider (1986), 144 Ill. App. 3d 38, 41.) Ordinarily, a defense counsel\u2019s failure properly to docket a trial date, without more, would be insufficient to be awarded relief under section 2 \u2014 1401.\u201d Genesis & Sons, 223 Ill. App. 3d at 282, 585 N.E.2d at 193.\nAnother case cited by the University to support its position is Robinson v. Commonwealth Edison Co. (1992), 238 Ill. App. 3d 436, 606 N.E.2d 615, appeal denied (1993), 149 Ill. 2d 660, 612 N.E.2d 523. In Robinson the court affirmed the trial court\u2019s order granting section 2 \u2014 1401 relief. The plaintiff in that case did not receive notice of the order dismissing his case for want of prosecution. Subsequent to the issuance of the dismissal order, the plaintiff received service of the appearance of other defendants to the action. Plaintiff\u2019s attorney was a sole practitioner and had not practiced in Cook County for some time. There was evidence that the circuit court clerk\u2019s office did not have the attorney\u2019s correct registration number and notices were being sent to an attorney uninvolved in the action. The fact that other defendants appeared after the default led the attorney to believe that the action was still pending. In addition, a fire at the attorney\u2019s office forced him to move to temporary quarters and disrupted his practice for nine months. The court found that these circumstances provided a sufficient basis for granting section 2 \u2014 1401 relief. Robinson, 238 Ill. App. 3d at 444, 606 N.E.2d at 620.\nThe University has not alleged any reason, other than the failure to properly record the relevant date, for its failure to file a timely answer. No extenuating circumstances, such as those found in the cases cited by the University, prevented the University from filing its answer on time. The case precedent does not support the University\u2019s broad interpretation of the relief available under section 2 \u2014 1401. Thus we find that the Board did not abuse its discretion by finding that the University did not have \"good cause\u201d to file a late answer.\nIll\nThe University contends that the Board\u2019s application of the section 2 \u2014 1401 standard in determining \"good cause\u201d is arbitrary and unreasonable. \"It is well established that the interpretation given by an administrative agency to its own rules and regulations is entitled to respectful consideration and will not be overruled unless plainly erroneous.\u201d (John Sexton Contractors Co. v. Pollution Control Board (1990), 201 Ill. App. 3d 415, 424, 558 N.E.2d 1222, 1228, citing Heifner v. Board of Education of Morris Community High School District No. 101 (1975), 32 Ill. App. 3d 83, 87, 335 N.E.2d 600, 603.) A Board\u2019s construction of its regulations is preferred and entitled to deference where it is reasonable. (Granite City Division of National Steel Co. v. Pollution Control Board (1993), 155 Ill. 2d 149, 176, 613 N.E.2d 719, 731.) Courts apply the same rules of construction used in construing statutes when interpreting the meaning of an agency rule. White v. Department of Employment Security (1994), 264 Ill. App. 3d 851, 854, 637 N.E.2d 647, 649.\nThe University argues that the Board\u2019s application of \"good cause\u201d is too stringent and instead it should apply the more lenient standard under section 2 \u2014 1301 of the Illinois Civil Practice Act, which governs motions to vacate default judgments filed within 30 days of entry. (735 ILCS 5/2 \u2014 1301 (West 1992).) This same argument was rejected by the court in Thornton. (Thornton, 235 Ill. App. 3d at 729, 600 N.E.2d at 1316.) The Thornton court noted that section 2 \u2014 1301 is more analogous to situations where a party requests that the Board find \"good cause\u201d for filing a late answer within 30 days of judgment. However, the court also recognized the policy of speedy determination of educational labor disputes and concluded that the Board was not being arbitrary or unreasonable by adopting the section 2 \u2014 1401 standard. Thornton, 235 Ill. App. 3d at 729, 600 N.E.2d at 1316.\nIn support of its interpretation of the regulation, the Board directs this court to the similarities between the language of the regulation and the language of cases concerning section 72 of the Civil Practice Act, which was the precursor to section 2 \u2014 1401. For example, in Stoller v. Holdren (1964), 47 Ill. App. 2d 81, 197 N.E.2d 492, the court stated:\nThis similarity was also acknowledged by the court in Thornton. Thornton, 235 Ill. App. 3d at 728, 600 N.E.2d at 1315.\nFinally, we are mindful of the fact that appellate review of a Board decision may be sought only in a judicial district in which the Board maintains an office. (115 ILCS 5/16(a) (West Supp. 1993).) The Board maintains offices in Chicago and Springfield. Therefore, only the First and Fourth districts of the Appellate Court may review Board decisions. Our research failed to reveal any case other than Thornton regarding this issue. A difference in precedent would lead to undesirable confusion and forum shopping. Thus, we follow the fourth district\u2019s reasoning in Thornton and give deference to the Board\u2019s interpretation of its regulation.\n\"To vacate a valid judgment after 30 days from its entry under [section] 72 of the Civil Practice Act defendants must show reasonable excuse for failure to defend within the appropriate time or that they were prevented from so doing by the fraud, act or concealment of the opposing party, accident, excusable mistake or one or more of the grounds traditionally relied upon for equitable relief from judgments. The defendant must also state ultimate facts showing a meritorious defense.\u201d (Stoller v. Holdren (1964), 47 Ill. App. 2d 81, 82-83, 197 N.E.2d 492, 493.)\nWe recognize that the Board\u2019s rule may seem harsh in some circumstances. However, the harshness of the rule is tempered by the fact that it furthers the purpose of the Act. Given the need to provide for speedy resolution of educational labor disputes, the Board\u2019s adoption of the section 2 \u2014 1401 standard is not arbitrary or unreasonable.\nIV\nThe final issue is whether the Board erred in awarding relief without a hearing. The Board ordered the University to cease and desist from:\n\"(a) interfering, restraining or coercing employees in the exercise of rights guaranteed under the Act.\n(b) Discriminating in regard to hire, tenure of employment or any term or condition of employment to discourage membership in the University Police Association.\n(c) Refusing to bargain collectively in good faith with the University Police Association.\u201d\nThe Board also ordered the University to take the following affirmative actions to effectuate the purposes of the Act:\n\"(a) Restore the status quo ante.\n(b) Following restoration of the status quo ante, bargain in good faith with the Association over any changes in payments for health insurance premiums by unit employees.\n(c) Post on bulletin boards or other places at the University of Illinois at Chicago reserved for notices to Police Officer I\u2019s copies of an appropriate Notice to Employees ***.\n(d) Notify the Executive Director in writing within thirty (30) calendar days after receipt of this Recommended Decision and Order of the steps taken to comply with it.\u201d\nUnder section 1120.30(d)(3) of the Board regulations, a failure to respond to any particular allegation of the complaint is deemed to be an admission of that particular allegation. (80 Ill. Adm. Code \u00a7 1120.30(d)(3) (1994).) The complaint specifically warned the University that a failure to timely answer would be deemed an admission of all allegations in the complaint. Section 15 of the Act provides that, upon finding an unfair labor practice, the Board \"is empowered to issue an order requiring the party charged to stop the unfair practice, and may take additional affirmative action, including requiring the party to make reports from time to time showing the extent to which he or she has complied with the order.\u201d 115 ILCS 5/15 (West 1992).\nThe University claims that it is entitled to a hearing on the question of appropriate relief and cites Stotlar Drug Co. v. Marlow (1993), 239 Ill. App. 3d 726, 607 N.E.2d 346, in support of its argument. Stotlar Drug involved an action for an unliquidated damage claim. The court ruled that even a defaulted defendant has the right to be heard on the matter of damages in such a case. (Stotlar Drug, 239 Ill. App. 3d at 729, 607 N.E.2d at 349.) This is not such a case. The Board ordered the University to restore the status quo ante. Although this order may involve a refund of the deductions made from the employees\u2019 paychecks, it certainly cannot be characterized as an award of unliquidated damages.\nThe relief ordered by the Board was entirely consistent with the allegations in the complaint and did not \"exceed or substantially differ from\u201d the relief requested. (Charles v. Gore (1993), 248 Ill. App. 3d 441, 449, 618 N.E.2d 554, 559.) Based on the University\u2019s admissions, the Board found that the University had committed unfair labor practices and was empowered by the Act to issue such an order.\nAccordingly, for the foregoing reasons, the order of the Illinois Educational Labor Relations Board is affirmed.\nAffirmed.\nWOLFSON and BRADEN, JJ., concur.", "type": "majority", "author": "JUSTICE BUCKLEY" } ], "attorneys": [ "Seyfarth, Shaw, Fairweather & Geraldson, of Chicago (R. Theodore Clark, Jr., and Thomas J. Piskorski, of counsel), for petitioner.", "Roland W. Burris, Attorney General, of Chicago (Rosalyn B. Kaplan, Solicitor General, and Jerald S. Post, Assistant Attorney General, of counsel), for respondent Illinois Educational Labor Relations Board.", "Dowd & Bloch, of Chicago (Robert E. Bloch, J. Peter Dowd, and Linda Wyetzner, of counsel), for respondent University Police Association." ], "corrections": "", "head_matter": "BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, Petitioner-Appellant, v. ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD et al., Respondents-Appellees.\nFirst District (1st Division)\nNo. 1\u201493\u20143775\nOpinion filed July 17, 1995.\nSeyfarth, Shaw, Fairweather & Geraldson, of Chicago (R. Theodore Clark, Jr., and Thomas J. Piskorski, of counsel), for petitioner.\nRoland W. Burris, Attorney General, of Chicago (Rosalyn B. Kaplan, Solicitor General, and Jerald S. Post, Assistant Attorney General, of counsel), for respondent Illinois Educational Labor Relations Board.\nDowd & Bloch, of Chicago (Robert E. Bloch, J. Peter Dowd, and Linda Wyetzner, of counsel), for respondent University Police Association." }, "file_name": "0145-01", "first_page_order": 163, "last_page_order": 173 }