Section 1130.10  General Statement of Purpose

 

The regulations contained in this Part detail the procedures for giving required notices during collective bargaining, for resolving impasses in collective bargaining, and for the making of appointments to the Illinois Educational Labor Mediation Roster and the selection of mediators, fact finders and arbitrators from the Roster.

 

Section 1130.20  Notices and Timetable for Bargaining

 

a)         Newly Certified Representatives

In units for which exclusive representatives have been newly certified, with respect to collective bargaining between an educational employer that is not a public school district organized under Article 34 of the School Code [105 ILCS 5/Art. 34] and an exclusive representative of its employees, this subsection (a) shall apply.  For purposes of this subsection (a), newly certified representatives are representatives that have not yet reached a collective bargaining agreement after their certification under the Illinois Educational Labor Relations Act [115 ILCS 5].

 

1)         Upon demand of either party, collective bargaining between the employer and an exclusive collective bargaining representative must begin within 60 days after the date of certification of the exclusive representative by the Board.  Once commenced, collective bargaining must continue for at least a 60 day period, unless a contract is entered into. [115 ILCS 5/12(a)]

 

2)         If no agreement has been reached within 90 days prior to the scheduled start of the forthcoming school year, the exclusive representative and the employer shall file a notice with the Board.  In addition to the requirements of subsection (d), this notice shall include a statement on whether mediation has been used.

 

3)         If no agreement has been reached within 45 days after bargaining was initiated, the parties shall file a notice with the Board.  In addition to the requirements of subsection(d), this notice shall state that no agreement has been reached and whether the parties have agreed to mediation using privately selected individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association [115 ILCS 5/12(a)].  If, by this date, mediation has not been initiated, the Board shall invoke mediation upon request of a party.

 

4)         If no agreement has been reached 45 days prior to the scheduled start of the forthcoming school year, the parties shall file a notice with the Board.  In addition to the requirements of subsection (d), this notice shall state that no agreement has been reached and whether the parties have agreed to mediation using privately selected individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association [115 ILCS 5/12(a)].  If, by this date, mediation has not been initiated, the Board shall invoke mediation upon request of a party.

 

b)         Existing Representatives

In units represented by existing exclusive representatives, with respect to collective bargaining between an educational employer that is not a public school district organized under Article 34 of the School Code and an exclusive representative of its employees, the rules in this subsection (b) shall apply:

 

1)         Upon demand of either party, collective bargaining must begin within 60 days after the receipt of the demand to bargain by the other party.  Once commenced, collective bargaining must continue for at least a 60 day period, unless a contract is entered into [115 ILCS 5/12(a)].

 

2)         If no agreement has been reached within 90 days prior to the scheduled start of the forthcoming school year, the exclusive representative and the employer shall file a notice with the Board. In addition to the requirements of subsection (d), this notice shall include a statement on whether mediation has been used.

 

3)         If no agreement has been reached 45 days prior to the scheduled start of the forthcoming school year, the parties shall file a second notice with the Board.  In addition to the requirements of subsection (d), this notice shall state that no agreement has been reached and whether the parties have agreed to mediation using privately selected individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association [115 ILCS 5/12(a)].  If, by this date, mediation has not been initiated, the Board shall invoke mediation upon request of a party.

 

c)         All notices filed under this Section may be filed jointly, signed by both parties.  If the notice is not filed jointly, each party shall file a separate notice and serve a copy on the other party.  Notices under this Section will be considered filed on the date they are received by the Board.

 

d)         All notices filed under this Section shall be on a form developed by the Board and shall contain the following:

 

1)         the name, affiliation, if any, and address of the exclusive representative;

 

2)         the name and address of the employer;

 

3)         the expiration date of the existing collective bargaining agreement, if any;

 

4)         the date of the scheduled start of the forthcoming school year; and

 

5)         a brief report on the status of negotiations, including the date negotiations began.

 

(Source:  Amended at 41 Ill. Reg. 10635, effective August 1, 2017)

 

Section 1130.30  Mediation

 

a)         This Section shall apply to collective bargaining between an educational employer that is not a public school district organized under Article 34 of the School Code and an exclusive representative of its employees.

 

b)         Mediation services will be provided at any time upon joint request of the parties.

 

c)         Mediation may be invoked upon request of one party if, after a reasonable period of negotiation and within 90 days prior to the scheduled start of the forthcoming school year, the parties engaged in collective bargaining have reached an impasse [115 ILCS 5/12(a)].

 

d)         Mediation will automatically be invoked by the Board upon request of a party 45 days after bargaining has begun in units for which exclusive representatives have been newly certified or 45 days prior to the scheduled start of the forthcoming school year.

 

e)         Within two days after the Board invokes mediation, the parties may submit a stipulation to defer selection of a mediator. The stipulation shall be on a form developed by the Board and shall include a provision that the parties will maintain the status quo with respect to existing terms and conditions of employment and will not engage in a strike while the stipulation is in effect.  Either party may withdraw the stipulation at any time by giving notice to the other party and to the Board.

 

f)         Requests for Mediation

 

1)         Requests for mediation shall be in writing and shall be submitted to the Board's Chicago office at the following address:

 

Illinois Educational Labor Relations Board

160 N. LaSalle St., Suite N-400

Chicago IL  60601

 

2)         Requests for mediation may also be submitted to the Board's electronic mailbox (ELRB.mail@illinois.gov).  The request shall be signed by the requesting party or by both parties, if joint.

 

g)         Requests and joint requests for mediation shall be on a form developed by the Board and shall include:

 

1)         the name, affiliation, if any, and address of the requesting party;

 

2)         the name, affiliation, if any, and address of the other party to collective bargaining;

 

3)         the date collective bargaining began;

 

4)         the date the existing contract, if any, is scheduled to expire; and

 

5)         the date of the scheduled start of the forthcoming school year.

 

h)         When the Board receives a request from one party, it shall investigate the request.  If the Board's investigation discloses that the request was properly filed under this Part, and that the bargaining has not resulted in an agreement and the Board concludes that mediation would assist the parties, the Board shall invoke mediation.  In determining whether mediation would assist the parties, the Board shall consider such factors as the number of meetings that have occurred, the number of issues in dispute, the significance of the issues in dispute, the degree of experience of the representatives of the parties in the bargaining process, and the collective bargaining history of the parties.

 

i)          Whenever the Board receives a joint request for mediation, or whenever the Board invokes mediation, or whenever the Board has not approved a stipulation to defer selection of a mediator within two days after invocation of mediation, or whenever such a stipulation has been withdrawn, the Board shall submit to the parties a panel of three proposed mediators selected from the Illinois Educational Labor Mediation Roster.  Within three days following receipt of the panel, the parties shall select one of the names on the panel or any other person they choose to serve as mediator.  Whenever the parties agree to select a mediator through the Federal Mediation and Conciliation Service, the American Arbitration Association, or any other source, they shall notify the Board of their selection.  If the parties fail to agree on a mediator within the three day period, the Board shall appoint a mediator.

 

j)          The mediator may hold joint and separate conferences with the parties. The conferences shall be private unless the mediator and the parties agree otherwise.

 

k)         Information disclosed by a party to a mediator in the performance of mediation functions shall not be disclosed voluntarily or by compulsion. All files, records, reports, documents, or other papers prepared by a mediator shall be confidential.  The mediator shall not produce any confidential records of, or testify in regard to, any mediation conducted by the mediator on behalf of any party to any cause pending in any type of proceeding.

 

(Source:  Amended at 41 Ill. Reg. 10635, effective August 1, 2017)

 

Section 1130.35  Notification and Public Posting Procedures

 

a)         This Section applies only to collective bargaining between a public school district or a combination of public school districts, including, but not limited to, joint cooperatives, that is not organized under Article 34 of the School Code and an exclusive representative of its employees. [115 ILCS 5/12(a-5)]  This Section does not apply to other educational employers as defined in Section 2(a) of the Act, specifically, public community college districts, State colleges or universities, any State agency whose major function is providing educational services, School Finance Authorities created under Article 1E or 1F of the School Code [105 ILCS 5/Art. IE or Art. IF], or school districts organized under Article 34 of the School Code.

 

b)         At any time more than 15 days after mediation has commenced, either party may initiate the public posting process set forth in Section 12(a-5) of the Act. [115 ILCS 5/12(a-5)]  For the purposes of this subsection (b), the date that mediation has commenced shall be the date upon which the parties first meet with a mediator.  The mediator may initiate the public posting process at any time 15 days after mediation has commenced during the mediation process. [115 ILCS 5/12(a-5)]

 

c)         Initiation of the public posting process must be filed with the Board.  Copies of the filing with the Board must be served on the parties in such a manner that the parties will receive the filing on the same date the Board receives it.  The filing shall be in writing and shall include:

 

1)         if a party is initiating the public posting process, the name, affiliation, if any, and address of the party initiating the public posting process and the name, affiliation, if any, and address of the other party to collective bargaining;

 

2)         if the mediator is initiating the public posting process, the name of the mediator and the names, affiliations, if any, and addresses of the parties to collective bargaining;

 

3)         the expiration date of the existing collective bargaining agreement, if any; and

 

4)         the date of the scheduled start of the forthcoming school year.

 

d)         The initiation of the public posting process will be considered to have occurred on the date the Board receives the filing.

 

e)         Within seven days after the initiation of the public posting process, each party shall submit, both electronically and in hard copy, to the mediator, the Board and the other party, a document that includes:

 

1)         the most recent offer of the party;

 

2)         a cost summary dealing with those issues on which the parties have failed to reach agreement;

 

3)         the date of the expiration of the existing collective bargaining agreement, if any; and

 

4)         the date of the scheduled start of the forthcoming school year.

 

f)         The employees of the public school district, or combination of public school districts, shall not engage in a strike until at least 14 days have elapsed after the Board has made the most recent offers and cost summaries public on its website (www.illinois.gov/elrb).

 

g)         Once an agreement has been ratified, the parties shall jointly notify the Board unless the mediator notifies the Board. Notification that an agreement has been ratified shall be in writing. Notification may be made by telephone to the Board's Chicago office, but a written notification must follow as soon as possible, and in no event later than two business days after the notification by telephone.

 

h)         On the date the most recent offers and cost summaries are posted on the Board's website, the school district or combination of public school districts shall, at a minimum, provide notification that the offers and cost summaries are available on the Board's website to all news media that have filed an annual request for notices from the school district or combination of school districts pursuant to Section 2.02 of the Open Meetings Act [5 ILCS 120/2.02].

 

i)          After the Board has received written notification from both parties that an agreement has been ratified, the Board shall remove from its website the parties' submissions, including the offers, cost summaries, date of expiration of any existing collective bargaining agreement, and date of the scheduled start of the forthcoming school year.

 

(Source:  Added at 38 Ill. Reg. 8379, effective April 1, 2014)

 

Section 1130.40  Notice of Intent to Strike

 

a)         In addition to the limitations imposed by Section 1130.35(f) or Section 1130.55(f) and (g), educational employees shall not engage in a strike unless 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 (if one exists with jurisdiction over the educational employer) and the Illinois Educational Labor Relations Board.  [115 ILCS 5/13(b)(3)]

 

b)         For purposes of this Section, 10 days shall mean 10 calendar days. Intervening  Saturdays, Sundays or legal holidays shall be included.  The day on which the notice of intent to strike is given shall not be included.  The last day of the period shall be included regardless of whether the last day falls on a Saturday, Sunday or legal holiday.

 

c)         Notice of intent to strike must be in writing and must include:

 

1)         the name, address and affiliation, if any, of the exclusive representative;

 

2)         the name and address of the employer;

 

3)         a description of the bargaining unit; and

 

4)         a statement of intent to strike.

 

d)         Notice of intent to strike shall be considered given to the Board on the date written notice is received by the Board, unless telephonic notice is given to the Board's Executive Director or his designee during the Board's regular office hours, and confirmed immediately by written notice personally delivered to the Board's office or mailed to the Board's office by certified or registered mail.

 

(Source:  Amended at 38 Ill. Reg. 8379, effective April 1, 2014)

 

Section 1130.50  Fact Finding and Interest Arbitration

 

a)         The parties may agree to the use of fact finding or interest arbitration in settling their disputes.

 

b)         Upon joint request of the parties, the Board shall provide one panel of no more than seven arbitrators for use by the parties in selecting a fact finder or interest arbitrator.  Such request shall be on a form developed by the Board.  The parties shall attach a copy of their agreement to use fact finding or interest arbitration to the request.

 

Section 1130.55  Collective Bargaining and Impasse Resolution Rules for School Districts Organized under Article 34 of the School Code

 

a)         If the parties fail to reach agreement after a reasonable period of mediation, the dispute shall be submitted to fact-finding in accordance with this Section.  Either the educational employer or the exclusive representative may initiate fact-finding by submitting a written demand to the other party with a copy of the demand submitted simultaneously to the Board. [115 ILCS 5/12(a-10)(l)]

 

b)         Within 3 days following a party's demand for fact-finding, each party shall appoint one member of the fact-finding panel, unless the parties agree to proceed without a tri-partite panel.  Following these appointments, if any, the parties shall select a qualified impartial individual to serve as the fact-finder and chairperson of the fact-finding panel, if applicable.  An individual shall be considered qualified to serve as the fact-finder and chairperson of the fact-finding panel, if applicable, if he or she was not the same individual who was appointed as the mediator and if he or she satisfies the following requirements:

 

1)         membership in good standing with the National Academy of Arbitrators, Federal Mediation and Conciliation Service, or American Arbitration Association for a minimum of 10 years;

 

2)         membership on the mediation roster for the Illinois Labor Relations Board or the Illinois Educational Labor Relations Board;

 

3)         issuance of at least 5 interest arbitration awards arising under the Illinois Public Labor Relations Act [5 ILCS 315]; and

 

4)         participation in impasse resolution processes arising under private or public sector collective bargaining statutes in other states. [115 ILCS 5/12(a-10)(2)]

 

c)         If the parties are unable to agree on a fact-finder, the parties shall request a panel of fact-finders who satisfy the requirements in subsection (b) from either the Federal Mediation and Conciliation Service or the American Arbitration Association and shall select a fact-finder from such panel in accordance with the procedures established by the organization providing the panel. [115 ILCS 5/12(a-10)(2)]

 

d)         The fact-finder shall have the following duties and powers:

 

1)         to require the parties to submit a statement of disputed issues and their positions regarding each issue, either jointly or separately;

 

2)         to identify disputed issues that are economic in nature;

 

3)         to meet with the parties either separately or in executive sessions;

 

4)         to conduct hearings and regulate the time, place, course, and manner of the hearings;

 

5)         to request the Board to issue subpoenas requiring the attendance and testimony of witnesses or the production of evidence;

 

6)         to administer oaths and affirmations;

 

7)         to examine witnesses and documents;

 

8)         to create a full and complete written record of the hearings;

 

9)         to attempt mediation or remand a disputed issue to the parties for further collective bargaining;

 

10)        to require the parties to submit final offers for each disputed issue either individually or as a package or as a combination of both; and

 

11)        to employ any other measures deemed appropriate to resolve the impasse. [115 ILCS 5/12(a-10)(3)]

 

e)         If the dispute is not settled within 75 days after the appointment of the fact-finding panel, the fact-finding panel shall issue a private report to the parties that contains advisory findings of fact and recommended terms of settlement for all disputed issues and that sets forth a rationale for each recommendation.  The fact-finding panel, acting by a majority of its members, shall base its findings and recommendations on the following criteria, as applicable:

 

1)         the lawful authority of the employer;

 

2)         the federal and State statutes or local ordinances and resolutions applicable to the employer;

 

3)         prior collective bargaining agreements and the bargaining history between the parties;

 

4)         stipulations of the parties;

 

5)         the interests and welfare of the public and the students and families served by the employer;

 

6)         the employer's financial ability to fund the proposals based on existing available resources, provided that such ability is not predicated on an assumption that lines of credit or reserve funds are available or that the employer may or will receive or develop new sources of revenue or increase existing sources of revenue;

 

7)         the impact of any economic adjustments on the employer's ability to pursue its educational mission;

 

8)         the present and future general economic conditions in the locality and State;

 

9)         a comparison of the wages, hours and conditions of employment of the employees involved in the dispute with the wages, hours and conditions of employment of employees performing similar services in public education in the 10 largest U.S. cities, except that for educational employees who are forbidden to strike, this comparison shall be based on comparable communities;

 

10)        the average consumer prices in urban areas for goods and services, which is commonly known as the cost of living;

 

11)        the overall compensation presently received by the employees involved in the dispute, including:

 

A)        direct wage compensation;

 

B)        vacations, holidays, and other excused time;

 

C)        insurance and pensions;

 

D)        medical and hospitalization benefits;

 

E)        the continuity and stability of employment and all other benefits received;

 

F)         how each party's proposed compensation structure supports the educational goals of the district; and

 

G)        for educational employees who are forbidden from striking, this analysis shall also include all other employees who are employed by the educational employer;

 

12)        changes in any of the circumstances listed in subsection (e)(1) through (11) during the fact-finding proceedings;

 

13)        the effect that any term the parties are at impasse on has or may have on the overall educational environment, learning conditions, and working conditions within the school district; and

 

14)        the effect that any term the parties are at impasse on has or may have in promoting the public policy of this State. [115 ILCS 5/12(a-10)(4)]

 

f)         The fact-finding panel's recommended terms of settlement shall be deemed agreed upon by the parties as the final resolution of the disputed issues and incorporated into the collective bargaining agreement executed by the parties, unless either party tenders to the other party and the chairperson of the fact-finding panel a notice of rejection of the recommended terms of settlement with a rationale for the rejection, within 15 days after the date of issuance of the fact-finding panel's report.  With regard to educational employees who are forbidden from striking, if either party submits a notice of rejection, either party may utilize mandatory interest arbitration proceedings established in Section 12(a-10)(e) of the Act and subsection (i).  For all other educational employees subject to Section 12(a-10) of the Act and this Section, if either party submits a notice of rejection, the chairperson of the fact-finding panel shall promptly release the fact-finding panel's report and the notice of rejection for public information by delivering a copy to all newspapers of general circulation in the community with simultaneous written notice to the parties. [115 ILCS 5/12(a-10)(5)]

 

g)         Educational employees in a school district organized under Article 34 of the School Code other than educational supervisors as provided under section 13(c) of the Act shall not engage in a strike until at least 30 days have elapsed after a fact-finding report has been released for public information. [115 ILCS 5/13(b)]

 

h)         Educational employees in a school district organized under Article 34 of the School Code other than educational supervisors as provided under Section 13(c) of the Act shall not engage in a strike unless 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. [115 ILCS 5/13(b)]

 

i)          This subsection (i) only applies to collective bargaining between a public school district organized under Article 34 of the School Code and an exclusive representative of educational employees who are forbidden from striking under this Act after the parties reach impasse when bargaining an initial and any successor collective bargaining agreements.  Educational employees who are forbidden from striking have the right to submit negotiation disputes regarding wages, hours, and conditions of employment that are mandatory subjects of bargaining for resolution through the following mandatory arbitration procedures:

 

1)         For collective bargaining agreements between an educational employer and exclusive representative, mediation shall commence 30 days prior to the expiration of a collective bargaining agreement; or upon 15 days; notice from either party; or at such later time as the mediation services chosen can be provided to the parties.  In mediation under Section 12 of the Act and this Section, if either party requests the use of mediation from the Federal Mediation and Conciliation Service, the other party shall either join in such request or bear the additional cost of mediation services from another source.  If mediation services are unavailable from Federal Mediation and Conciliation Service, or if not available, from the Illinois Department of Labor, the cost of mediation services from another source shall be shared equally between the educational employer and the exclusive bargaining agent.  The mediator shall have a duty to keep the Board informed on the progress of the mediation.  If any dispute has not been resolved within 15 days after the first meeting of the parties and the mediator, or within such other time limit as may be mutually agreed upon by the parties, either the exclusive representative or employer may request of the other, in writing, arbitration, and shall submit a copy of the request to the Board's General Counsel.

 

A)        If a party desires Board assistance in engaging a mediator, the party shall file a Request for Mediation in writing to the Board's Chicago office, 160 N. LaSalle Street, Suite N-400, Chicago Illinois 60601 or via email to the Board's electronic mailbox (ELRB.mail@Illinois.gov).  The request shall be signed by the requesting party or by both parties, if joint. The Board shall provide the parties with a panel of at least 3 mediators listed on the Illinois Educational Labor Mediation Roster. The parties shall have 7 days from receipt of the list to choose one of the persons on the panel or any other person they choose to serve as mediator. If, at the end of this 7-day period, the parties have not notified the Board of their selection, the Board shall appoint a mediator.

 

B)        The mediator may hold joint and separate conferences with the parties. The conferences shall be private unless the mediator and the parties agree otherwise.

 

C)        Information disclosed by a party to a mediator in the performance of mediation functions shall not be disclosed voluntarily or by compulsion. All files, records, reports, documents, or other papers prepared by a mediator shall be confidential. The mediator shall not produce any confidential records of, or testify in regard to, any mediation conducted by the mediator on behalf of any party to any cause pending in any type of proceeding.

 

2)         Within 10 days after such a request for arbitration has been made, the educational employer shall choose a delegate and the employees' exclusive representative shall choose a delegate to a panel of arbitration as provided in Section 12 of the Act and this Section.  The employer and employees shall forthwith advise the other and the Board's General Counsel of their selections and provide the name, address, telephone number, and email address of its delegate to the Board's General Counsel.  The parties may agree, in writing, to waive the tripartite panel and use a sole arbitrator to resolve this issue.

 

3)         Within 7 days after the request of either party, the parties shall request a panel of impartial arbitrators from which they shall select the neutral chairperson, or sole arbitrator, according to the procedures provided in Section 12 of the Act and this Section.  If the parties have agreed to a contract that contains a grievance resolution procedure, the chairperson or sole arbitrator shall be selected using their agreed contract procedure unless they mutually agree to another procedure.  If the parties fail to notify the Board of their selection of a neutral chairperson within 7 days after receipt of the list of impartial arbitrators, the Board shall appoint, at random, a neutral chairperson from the list.  In the absence of an agreed contract procedure for selecting an impartial arbitrator, the parties shall submit a request to the Federal Mediation and Conciliation Service, the American Arbitration Association, the Illinois Department of Labor, or the Board to draw from the Illinois Educational Labor Mediation Roster for a panel of 7 arbitrators who are members in good standing with the National Academy of Arbitrators, and have issued at least 5 interest arbitration awards arising under the Act or the Illinois Public Labor Relations Act.  The parties shall conduct a coin toss to determine who strikes first, and the parties shall alternately strike arbitrators from the list until one remains.  The parties shall promptly notify the Board's General Counsel of their selection.

 

4)         The parties may select a second panel of arbitrators only upon the agreement of the parties. In the event that a party objects to one or more members of the panel, the party shall notify the Board's General Counsel within five days of receipt of the list of arbitrators. If the Board's General Counsel determines that it is appropriate to include the arbitrator on the list, the parties shall continue with the selection process as provided in this subsection. If the Board's General Counsel believes that it is inappropriate to include the arbitrator on the list due to extenuating circumstances, such as a conflict of interest or incapacity, the Board will send the parties the name of an arbitrator to replace the objectionable name. The parties will follow the procedures set forth in this subsection after receipt of the new list. The fact that an arbitrator had previously represented unions or management in labor relations matters is not sufficient evidence of conflict of interest under this Section. The decision not to remove an arbitrator from the list is not appealable; the objecting party may seek relief through striking the name of the arbitrator as provided above.

 

5)         The chairperson or sole arbitrator shall call a hearing to begin within 15 days and give reasonable notice of the time and place of the hearing. The parties may agree in writing to extend the time for commencement of the hearing for a period of time not to exceed 90 days. The hearing shall be held at the offices of the Board.  The parties shall provide the Board with at least 10 days advance notice if requesting the use of the Board's offices.  The chairperson or sole arbitrator shall preside over the hearing and shall take testimony.  Any oral or documentary evidence and other data deemed relevant by the arbitration panel may be received in evidence.  The proceedings shall be informal.  Technical rules of evidence shall not apply and the competency of the evidence shall not thereby be deemed impaired.  A verbatim record of the proceedings shall be made and the arbitrator shall arrange for the necessary recording service.  Transcripts may be ordered at the expense of the party ordering them, but the transcripts shall not be necessary for a decision by the arbitration panel or sole arbitrator.  The expense of the proceedings, including a fee for the chairperson or sole arbitrator, shall be borne equally by each of the parties to the dispute.  The delegates, if public officers or employees or educational employees, shall continue on the payroll of the public employer or educational employer without loss of pay.  The hearing conducted by the arbitration panel or sole arbitrator may be adjourned from time to time, but unless otherwise agreed by the parties, shall be concluded within 30 days of the time of its commencement.  Majority actions and rulings shall constitute the actions and rulings of the arbitration panel.  Arbitration proceedings under Section 12 of the Act and this Section shall not be interrupted or terminated by reason of any unfair labor practice charge filed by either party at any time.

 

6)         If the neutral chairperson is unable or unwilling to commence the hearing within 15 days following the chairperson's appointment, or within the additional time period to which the parties agreed to extend the time for commencement of the hearing, or if the neutral chairperson is otherwise unable or unwilling to serve, the parties shall notify the Board within 5 days. The Board shall provide the parties with a second list of 7 arbitrators from the Illinois Educational Labor Meditation Roster. The parties shall select an individual from the list or any other individual to serve as a neutral chairperson within 7 days after the Board provides the list. If the parties fail to notify the Board of their selections, the Board shall appoint a neutral chairperson. Except in exceptional circumstances, the Board shall not supply the parties with more than 2 lists of arbitrators.

 

7)         The arbitration panel or sole arbitrator may administer oaths, require the attendance of witnesses, and the production of such books, papers, contracts, agreements, and documents as may be deemed by it material to a just determination of the issues in dispute, and for such purpose may issue subpoenas.  If any person refuses to obey a subpoena, or refuses to be sworn or to testify, or if any witness, party, or attorney is guilty of any contempt while in attendance at any hearing, the arbitration panel or sole arbitrator may, or the Attorney General if requested shall, invoke the aid of any circuit court within the jurisdiction in which the hearing is being held, which court shall issue an appropriate order. Any failure to obey the order may be punished by the court as contempt.

 

8)         At any time before the rendering of an award, the chairperson of the arbitration panel or sole arbitrator, if the chairperson of the arbitration panel or sole arbitrator is of the opinion that it would be useful or beneficial to do so, may remand the dispute to the parties for further collective bargaining for a period not to exceed 2 weeks.  If the dispute is remanded for further collective bargaining, the time provisions of the Act and this part shall be extended for a time period equal to that of the remand. The chairperson of the arbitration panel or sole arbitrator shall notify the Board's General Counsel of the remand.

 

9)         At or before the conclusion of the hearing held pursuant to Section 12(a-10)(e)(4) of the Act and subsection (i)(4), the arbitration panel or sole arbitrator shall identify the economic issues in dispute, and direct each of the parties to submit, within such time limit as the panel shall prescribe, to the arbitration panel or sole arbitrator and to each other its last offer of settlement on each economic issue.  The determination of the arbitration panel or sole arbitrator as to the issues in dispute and as to which of these issues are economic shall be conclusive.  The arbitration panel or sole arbitrator, within 30 days after the conclusion of the hearing, or such further additional periods to which the parties may agree, shall make written findings of fact and adopt a written opinion and shall mail or otherwise deliver a true copy thereof to the parties and their representatives and to the Board's General Counsel.  As to each economic issue, the arbitration panel or sole arbitrator shall adopt the last offer of settlement which, in the opinion of the arbitration panel or sole arbitrator, more nearly complies with the applicable factors prescribed in subsection (i)(8).  The findings, opinions, and order as to all other issues shall be based upon the applicable factors prescribed in subsection (i)(8).

 

10)        The arbitration decision shall be limited to mandatory subjects of bargaining.  If there is no agreement between the parties, or if there is an agreement but the parties have begun negotiations or discussions looking to a new agreement or amendment of the existing agreement, and wage rates or other conditions of employment under the proposed new or amended agreement are in dispute, the arbitration panel shall base its findings, opinions, and order upon the following factors, as applicable:

 

A)        the lawful authority of the employer;

 

B)        the federal and State statutes or local ordinances and resolutions applicable to the employer;

 

C)        prior collective bargaining agreements and the bargaining history between the parties;

 

D)        stipulations of the parties;

 

E)        the interests and welfare of the public and the students and families served by the employer;

 

F)         the employer's financial ability to fund the proposals based on existing available resources, provided that such ability is not predicated on an assumption that lines of credit or reserve funds are available or that the employer may or will receive or develop new sources of revenue or increase existing sources of revenue;

 

G)        the impact of any economic adjustments on the employer's ability to pursue its educational mission;

 

H)        the present and future general economic conditions in the locality and State;

 

I)         a comparison of the wages, hours, and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours, and conditions of employment of other employees performing similar services in public education in the 10 largest cities in the United States;

 

J)         the average consumer prices in urban areas for goods and services, which is commonly known as the cost of living;

 

K)        the overall compensation presently received by the employees involved in the dispute and by all other employees who are employed by the educational employer, including direct wage compensation; vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and all other benefits received, and how each party's proposed compensation structure supports the educational goals of the district;

 

L)        changes in any of the circumstances listed in Section 12(e)(8)(A) through (K) of the Act and subsections (i)(8)(A) through (K) during the arbitration proceedings;

 

M)       the effect that any term the parties are at impasse on has or may have on the overall educational environment, learning conditions, and working conditions with the school district; and

 

N)        the effect that any term the parties are at impasse on has or may have in promoting the public policy of this State.

 

P)         No terms in the arbitration award or order may conflict with any terms and conditions set forth in a collective bargaining agreement between the educational employer and another collective bargaining representative.

 

11)        Arbitration procedures shall be deemed to be initiated by the filing of a letter requesting mediation as required under Section 12(e)(1) of the Act.  The commencement of a new fiscal year after the initiation of arbitration procedures under the Act and this Part, but before the arbitration decision, or its enforcement, shall not be deemed to render a dispute moot, or to otherwise impair the jurisdiction or authority of the arbitration panel or sole arbitrator or its decision.  Increases in rates of compensation awarded by the arbitration panel or sole arbitrator may be effective only at the start of the fiscal year next commencing after the date of the arbitration award.  If a new fiscal year has commenced either since the initiation of arbitration procedures under the Act and this Part or since any mutually agreed extension of the statutorily required period of mediation under the Act and this Part by the parties to the labor dispute causing a delay in the initiation of arbitration, the foregoing limitations shall be inapplicable, and such awarded increases may be retroactive to the commencement of the fiscal year, any other statute or charter provisions to the contrary, notwithstanding. At any time the parties, by stipulation, may amend or modify an award of arbitration.

 

12)        Orders of the arbitration panel or sole arbitrator shall be reviewable, upon appropriate petition by either the educational employer or the exclusive bargaining representative, by the circuit court for the county in which the dispute arose or in which a majority of the affected employees reside, but only for reasons that the arbitration panel or sole arbitrator was without or exceeded its statutory authority; the order is arbitrary, or capricious; or the order was procured by fraud, collusion, or other similar and unlawful means. Such petitions for review must be filed with the appropriate circuit court within 90 days following the issuance of the arbitration order.  The pendency of such proceeding for review shall not automatically stay the order of the arbitration panel or sole arbitrator.  The party against whom the final decision of any such court shall be adverse, if such court finds such appeal or petition to be frivolous, shall pay reasonable attorney's fees and costs to the successful party as determined by said court in its discretion.  If said court's decision affirms the award of money, such award, if retroactive, shall bear interest at the rate of 12% per annum from the effective retroactive date.

 

13)        During the pendency of proceedings before the arbitration panel or sole arbitrator, existing wages, hours, and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to the party's rights or position under the Act and this Part.  The proceedings are deemed to be pending before the arbitration panel or sole arbitrator upon the initiation of arbitration procedures under the Act and this Part.

 

14)        The educational employees covered by Section 12(a-10) of the Act and this Section of the Rules may not withhold services, nor may educational employers lock out or prevent such employees from performing services at any time.

 

15)        All of the terms decided upon by the arbitration panel or sole arbitrator shall be included in an agreement to be submitted to the educational employer's governing body for ratification and adoption by law, ordinance, or the equivalent appropriate means.

 

16)        The governing body shall review each term decided by the arbitration panel or sole arbitrator.  If the governing body fails to reject one or more terms of the arbitration panel's or sole arbitrator's decision by a 3/5 vote of those duly elected and qualified members of the governing body, at the next regularly scheduled meeting of the governing body after issuance, such term or terms shall become a part of the collective bargaining agreement of the parties.  If the governing body affirmatively rejects one or more terms of the arbitration panel's or sole arbitrator's decision, it must provide reasons for such rejection with respect to each term so rejected, within 20 days of such rejection and the parties shall return to the arbitration panel or sole arbitrator for further proceedings and issuance of a supplemental decision with respect to the rejected terms.  The parties may mutually agree to select a different neutral chairperson for the supplemental hearing, provided that the parties notify the Board and the original neutral chairperson within 7 days after service of the reasons for rejection of the award.  Any supplemental decision by an arbitration panel, sole arbitrator, or other decision maker agreed to by the parties shall be submitted to the governing body for ratification and adoption in accordance with the procedures and voting requirements set forth in Section 12 of the Act.  The voting requirements of Section 12(e)(1) of the Act shall apply to all disputes submitted to arbitration pursuant to Section 12 of the Act notwithstanding any contrary voting requirements contained in any existing collective bargaining agreement between the parties.

 

17)        If the governing body of the employer votes to reject the panel's or sole arbitrator's decision, the parties shall return to the panel or sole arbitrator within 30 days from the issuance of the reasons for rejection for further proceedings and issuance of a supplemental decision.  All reasonable costs of such supplemental proceeding including the exclusive representative's reasonable attorney's fees, as established by the Board, shall be paid by the educational employer.

 

18)        Notwithstanding the provisions of this Section, the educational employer and exclusive representative may agree to submit unresolved disputes concerning wages, hours, terms, and conditions of employment to an alternative form of impasse resolution.

 

19)        The costs of mediation and arbitration shall be shared equally between the educational employer and the exclusive bargaining agent, provided that for purposes of mediation under the Act and this Part, if either party requests the use of mediation services from the Federal Mediation and Conciliation Service, the other party shall either join in such request or bear the additional cost of mediation services from another source.  All other costs and expenses of complying with Section 12 of the Act must be borne by the party incurring them, except as otherwise expressly provided.

 

20)        If an educational employer or exclusive bargaining representative refuses to participate in mediation or arbitration when required by this Section, the refusal shall be deemed a refusal to bargain in good faith in violation of Section 14(a)(5) of the Act.

 

21)        Nothing in the Act nor this Part prevents an employer and an exclusive bargaining representative who are not subject to mandatory arbitration under Section 12 of the Act and this Part from mutually submitting to final and binding impartial arbitration unresolved issues concerning the terms of a new collective bargaining agreement.  [115 ILCS 5/12(e)]

 

j)          During collective bargaining between a public school district organized under Article 34 of the School Code and an exclusive representative of educational employees who are forbidden from striking under the Act, the parties may petition the Board's General Counsel for a declaratory ruling, pursuant to Section 5-150 of the Illinois Administrative Procedure Act [5 ILCS 100/5-150], as follows:

 

1)         After the commencement of negotiations and before reaching agreement, the exclusive representative and the employer have a good faith disagreement over whether the Act requires bargaining over a particular subject or particular subjects, they may jointly petition for a declaratory ruling concerning the status of the law.  If a request for interest arbitration has been served in accordance with Section 12(e) of the Act and subsection (i) and either the exclusive representative or the employer has requested the other party to join it in filing a declaratory ruling petition and the other party has refused the request, the requesting party may file the petition on its own, provided that the petition is filed no later than the first day of the arbitration hearing.

 

2)         A joint petition must be signed by both parties.  A petition filed by only one party must contain a statement that the other party has refused a request to join in the petition, and must contain a copy of the request for arbitration.  All petitions must contain the name, address, email address, telephone number and person to contact for each party, the date negotiations began, a statement of the legal issue on which a declaratory ruling is sought, and a copy of the most recently negotiated contract, if any.

 

3)         Declaratory rulings shall not be issued concerning factual issues that are in dispute.  In the case of a unilateral petition for declaratory ruling in which the General Counsel has determined that material issues of fact are in dispute, the General Counsel may either dismiss the petition without prejudice to the requesting party's right to file an unfair labor practice charge, or, where the General Counsel determines that a fact-finding of the disputed factual issues will facilitate a determination of the issues that are the subject of the petition, the issuance of the declaratory ruling may be deferred and the disputed issues of fact referred to the arbitration panel for determination.

 

4)         Each party shall file a brief no later than 10 days after the filing of a joint petition, or no later than 10 days after the service of a petition filed by only one party, unless an extension has been granted by the General Counsel.

 

5)         The General Counsel shall issue a declaratory ruling no later than 90 days after receipt of the parties' briefs.  Declaratory rulings shall not be appealable.

 

6)         The parties shall continue to have a duty to bargain in good faith during the pendency of a declaratory ruling petition.  The pendency of a declaratory ruling petition shall not stay mediation or arbitration proceedings required under the Section 12(e) of the Act and this Section.

 

(Source:  Amended at 50 Ill. Reg. 1943, effective January 26, 2026)

 

Section 1130.60  Filing of Agreements (Repealed)

 

(Source:  Repealed at 41 Ill. Reg. 10635, effective August 1, 2017)

 

Section 1130.70  Grievance Arbitration and No Strike Clauses

 

a)         Every collective bargaining agreement between an employer and an employee organization shall contain a grievance procedure which has as its last step final arbitration.  The agreement shall also contain appropriate language prohibiting strikes for the duration of the agreement.

 

b)         Whenever the parties request, the Board shall provide a panel of grievance arbitrators selected from the Illinois Educational Labor Mediation Roster.  The size of the panel shall be specified by the parties in their request, but shall not exceed seven.  If the parties are unable to select an arbitrator from the first panel, the Board shall provide a second panel.  The Board shall not provide more than two panels.

 

Section 1130.80  Illinois Educational Labor Mediation Roster

 

a)         The Board shall establish an Illinois Educational Labor Mediation Roster.  The Roster shall list qualified mediators, fact finders, interest arbitrators, and grievance arbitrators.  A person may be qualified in more than one category.

 

b)         Appointment to the Roster shall be by the Board, after application by the individual.  The application shall be on a form developed by the Board.

 

c)         In making appointments to the Roster, the Board shall consider such factors as experience and training, membership on other mediation or arbitration panels, education, prior published awards, current advocacy in employment relations matters, letters of recommendation supporting the application, and any other material supplied by the applicant or any clarifying or supplemental material requested by the Board which serves to establish these factors.

 

d)         Persons appointed to the Roster shall file with the Board a brief biographical sketch, a concise resume of their experience relevant to the position for which they are listed and a fee schedule.  Whenever an individual is selected to serve in a case that individual shall not charge a fee greater than that listed in the fee schedule the individual has filed with the Board.  A minimum of 30 days notice shall be given for changes in fee schedules.

 

e)         Whenever the Board provides the parties with a panel selected from the Roster, the Board shall provide copies of the biographical sketches and fee schedules of the panelists.

 

f)         The parties may jointly request that panels submitted to them contain or omit specific individuals.  No party may unilaterally make such a request.