State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_HB2763

      115 ILCS 5/13             from Ch. 48, par. 1713
      115 ILCS 5/4.5 rep.
          Amends the  Illinois  Educational  Labor  Relations  Act.
      Repeals  provisions  added by Public Act 89-15 that establish
      prohibited  subjects  of  collective  bargaining  between  an
      educational  employer  whose   territorial   boundaries   are
      coterminous  with  those  of  a  city  having a population in
      excess of 500,000 and  an  exclusive  representative  of  the
      employees  of  that  educational  employer.   Also eliminates
      language added by that Public Act that prohibits  educational
      employees  employed  by  the  Chicago  school  district  from
      engaging  in  strikes for an 18 month period beginning on the
      effective date of that Public Act and that prohibits  payment
      of  compensation  to  employees participating in a prohibited
      strike.  Effective immediately.
                                                     LRB9008983NTsb
                                               LRB9008983NTsb
 1        AN ACT to amend the Illinois Educational Labor  Relations
 2    Act by changing Section 13 and repealing Section 4.5.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Educational Labor Relations  Act
 6    is amended by changing Section 13 as follows:
 7        (115 ILCS 5/13) (from Ch. 48, par. 1713)
 8        Sec. 13.  Strikes.
 9        (a)  Notwithstanding the existence of any other provision
10    in  this Act or other law,  Educational employees employed in
11    school districts organized under Article  34  of  the  School
12    Code  shall  not engage in a strike at any time during the 18
13    month period that commences on the  effective  date  of  this
14    amendatory  Act of 1995.  An educational employee employed in
15    a school district organized under Article 34  of  the  School
16    Code  who  participates  in  a  strike  in  violation of this
17    Section  is  subject  to  discipline  by  the  employer.   In
18    addition, no educational employer organized under Article  34
19    of  the  School  Code  may  pay  or  cause  to  be paid to an
20    educational  employee  who  participates  in  a   strike   in
21    violation  of this subsection any wages or other compensation
22    for  any  period  during  which   an   educational   employee
23    participates  in the strike, except for wages or compensation
24    earned before participation in the strike.    Notwithstanding
25    the  existence  of  any  other provision in this Act or other
26    law, during the 18-month period that strikes  are  prohibited
27    under  this  subsection  nothing  in this subsection shall be
28    construed to require an educational employer to submit  to  a
29    binding dispute resolution process.
30        (b)  Notwithstanding the existence of any other provision
31    in  this  Act  or  any other law, educational employees other
                            -2-                LRB9008983NTsb
 1    than those employed in  a  school  district  organized  under
 2    Article  34  of  the School Code and, after the expiration of
 3    the 18 month period that commences on the effective  date  of
 4    this  amendatory  Act  of  1995,  educational  employees in a
 5    school district organized under Article 34 of the School Code
 6    shall not engage in  a  strike  except  under  the  following
 7    conditions:
 8             (1)   they   are   represented   by   an   exclusive
 9        bargaining representative;
10             (2)   mediation has been used without success;
11             (3)   at  least  10 days have elapsed after a notice
12        of intent to strike  has  been  given  by  the  exclusive
13        bargaining  representative  to  the educational employer,
14        the regional superintendent and the Illinois  Educational
15        Labor Relations Board;
16             (4)   the  collective  bargaining  agreement between
17        the educational employer and  educational  employees,  if
18        any, has expired; and
19             (5)   the  employer  and  the  exclusive  bargaining
20        representative have not mutually submitted the unresolved
21        issues to arbitration.
22        If,  however, in the opinion of an employer the strike is
23    or has become a clear and present danger  to  the  health  or
24    safety  of  the  public,  the  employer  may  initiate in the
25    circuit court of the county in which such  danger  exists  an
26    action  for  relief which may include, but is not limited to,
27    injunction.  The court may grant appropriate relief upon  the
28    finding that such clear and present danger exists.  An unfair
29    practice  or  other  evidence  of  lack of clean hands by the
30    educational employer is a defense to such action.  Except  as
31    provided for in this paragraph, the jurisdiction of the court
32    under this Section is limited by the Labor Dispute Act.
33    (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
                            -3-                LRB9008983NTsb
 1        (115 ILCS 5/4.5 rep.)
 2        Section 10.  The Illinois Educational Labor Relations Act
 3    is amended by repealing Section 4.5.
 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

[ Top ]