Illinois General Assembly - Illinois Compiled Statutes

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115 ILCS 5/13

(115 ILCS 5/13) (from Ch. 48, par. 1713)

Sec. 13. Strikes.

(a) Notwithstanding the existence of any other
provision in this Act or other law, educational employees employed in school
districts organized under Article 34 of the School Code shall not engage in
a strike at any time during the 18 month period that commences on the
effective date of this amendatory Act of 1995.  An educational employee
employed in a school district organized
under Article 34 of the School Code who participates in a strike in violation
of this Section is subject to discipline by the employer.  In addition, no
educational employer organized under Article 34 of the School Code may pay or
cause to be paid to an educational employee who
participates in a strike in violation of this subsection any wages or other
compensation for any period during
which an educational employee participates in the strike, except for wages or
compensation earned before participation in the strike.
Notwithstanding the existence of any other
provision in this Act or other law, during the 18-month period that strikes are
prohibited under this subsection nothing in this subsection shall be construed
to require an educational employer to submit to a binding dispute resolution
process.

(b) Notwithstanding the existence of any other provision in this Act or any
other law, educational employees other than those employed in a school district
organized under Article 34 of the School Code and, after the expiration of the
18 month period that commences on the effective date of this amendatory Act of
1995, educational employees in a school district organized under Article 34 of
the School Code other than educational supervisors as provided under subsection (c) shall not engage in a strike except under the following
conditions:

(1) they are represented by an exclusive bargaining

representative;

(2) mediation has been used without success and, for

educational employers and exclusive bargaining representatives to which subsection (a-5) of Section 12 of this Act applies, at least 14 days have elapsed after the Board has made public the parties' offers;

(2.5) if fact-finding was invoked pursuant to

subsection (a-10) of Section 12 of this Act, at least 30 days have elapsed after a fact-finding report has been released for public information;

(2.10) for educational employees employed in a

school district organized under Article 34 of the School Code, at least three-fourths of all bargaining unit employees who are members of the exclusive bargaining representative have affirmatively voted to authorize the strike; provided, however, that all members of the exclusive bargaining representative at the time of a strike authorization vote shall be eligible to vote;

(3) at least 10 days have elapsed after a notice of

intent to strike has been given by the exclusive bargaining representative to the educational employer, the regional superintendent and the Illinois Educational Labor Relations Board;

(4) the collective bargaining agreement between the

educational employer and educational employees, if any, has expired or been terminated; and

(5) the employer and the exclusive bargaining

representative have not mutually submitted the unresolved issues to arbitration.

If, however, in the opinion of an employer the strike is or has become a
clear and present danger to the health or safety of the public, the employer
may initiate
in the circuit court of the county in which such danger exists an action for
relief which may include, but is not limited to, injunction.  The court may
grant appropriate relief upon the finding that such clear and present danger
exists.
An unfair practice or other evidence of lack of clean hands by the educational
employer is a defense to such action.  Except as provided for in this
paragraph, the jurisdiction of the court under this Section is limited by the
Labor Dispute Act.

(c)      Educational supervisors employed in a school district organized under Article 34 of the School Code whose position requires an administrative license may not engage in a strike.

(Source: P.A. 102-1138, eff. 2-10-23.)