TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.10 GENERAL STATEMENT OF PURPOSE
Section 1230.10 General
Statement of Purpose
a) In creating this Part it is the Board's intent to be cognizant
of the interests of labor organizations, public employers and employees, and
the general public in assuring stable labor relations in the public sector. In
pursuit of this objective, it is incumbent upon both labor organizations and
public employers to adhere to and comply with the rules and regulations set
forth in this Part, particularly those provisions that set forth time periods
and those provisions that set forth requirements for filing, with the Board,
contracts, bargaining notices and other documents.
b) The regulations contained in this Part detail the procedures
for giving required notices during collective bargaining, for resolving
impasses in collective bargaining, for making appointments to the Illinois
Public Employees Mediation/Arbitration Roster, and for the selection of
mediators, fact-finders and arbitrators from the Roster. The regulations in
this Part implement the policies of the Illinois Public Labor Relations Act
(Act) [5 ILCS 315] to provide peaceful and orderly procedures to protect the
rights of public employers, public employees, labor organizations and the
general public, to prevent labor strife and to protect the public health and
safety.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
 | TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.20 DEFINITIONS (REPEALED)
Section 1230.20 Definitions
(Repealed)
(Source: Repealed at 27 Ill.
Reg. 7456, effective May 1, 2003)
SUBPART B: IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.30 GENERAL PURPOSE OF THIS SUBPART
Section 1230.30 General
Purpose of this Subpart
Security officers of public
employers, and peace officers, firefighters and fire department and fire
protection district paramedics may not withhold services, nor may public
employers lock out or prevent such employees from performing services at any
time. (Section 14(m) of the Act) This Subpart implements the public
policy of the State of Illinois that where the right of employees to strike is
prohibited by law, it is necessary to afford an alternate, expeditious,
equitable and effective procedure for the resolution of labor disputes subject
to approval procedures mandated by the Act. (Section 2 of the Act) To
achieve this policy objective, it is incumbent upon the parties to comply with
the procedures established and to observe the time periods provided in this
Subpart.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.40 FILING OF CONTRACTS (REPEALED)
Section 1230.40 Filing of
Contracts (Repealed)
(Source: Repealed at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.50 BARGAINING NOTICES FOR PROTECTIVE SERVICES UNITS
Section 1230.50 Bargaining
Notices for Protective Services Units
a) The following notice requirements shall apply when the parties
are bargaining for a successor contract:
1) Pursuant to Section 7 of the Act, any party wishing to
terminate or modify an existing collective bargaining agreement shall serve on
the other party a written Notice of the Intent to Terminate or Modify. The
Notice shall be served on the other party 60 days prior to the scheduled
termination date of the existing agreement. A copy of the Notice shall be
filed with the Board by the party wishing to terminate or modify at the same
time it is served on the other party. The Notice filed with the Board shall reference
the existing contract's number as assigned by the Board.
2) If, no later than 30 days after service of the Notice of
Intent to Terminate or Modify, the parties have not reached agreement on a new
contract, the party who filed the Notice shall serve on the other party and the
Board a Notice of No Agreement. The Notice shall be on a Board-designated form
and shall set forth:
A) whether the parties are engaged in mediation and, if so, with
whom;
B) if the parties are not in mediation, whether the parties desire
the Board's assistance in obtaining mediation;
C) if the parties are not in mediation and do not require the
Board's assistance in obtaining mediation, a statement from the parties that
they are fully aware of the mandate of Section 14 of the Act that they engage
in mediation 30 days prior to the expiration of a contract.
b) The following notice requirements shall apply when the parties
are bargaining for an initial contract:
1) Any time after the Board certifies an exclusive representative
or at any time when there exists a valid historical bargaining relationship but
no current contract, any party may serve on the other party a written demand
for bargaining. A copy of the demand for bargaining shall be filed with the
Board by the party making the demand at the same time it is served on the other
party. The parties shall begin bargaining at any reasonable time after the
demand is filed and served.
2) Thirty days after the initial bargaining session between the
parties, the party who filed the demand for bargaining shall file with the
Board a Notice of Status of Negotiations. The Notice shall be on a
Board-designated form and set forth:
A) whether the parties are engaged in mediation and, if so, with
whom;
B) if the parties are not in mediation, whether the parties desire
the Board's assistance in obtaining mediation.
c) Upon completing negotiations for either a successor or initial
contract, the parties shall file with the Board a copy of the contract pursuant
to 80 Ill. Adm. Code 1200.145.
(Source: Amended at 41 Ill.
Reg. 4510, effective April 17, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.60 MEDIATION
Section 1230.60 Mediation
a) Parties concerned with protective services units shall
commence mediation as follows, unless provided for in an alternative impasse
procedure under Section 14(p) of the Act:
1) In bargaining for a successor contract, unless the parties
mutually agree to some other time limit, 30 days prior to expiration of the
contract. (Section 14(a) of the Act)
2) In bargaining for an initial contract mediation shall
commence upon 15 days of notice from either party or at such later time as the
mediation services chosen pursuant to Section 12(b) of the Act can
be provided to the parities. (Section 14(a) of the Act)
b) If the parties desire Board assistance in engaging a mediator,
they shall file a Request for Mediation with the Board on a Board-designated
form. The Board shall provide the parties with a panel of at least 3 mediators
listed on the Public Employees Mediation/Arbitration 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.
c) Mediation shall be conducted as follows:
1) The function of the mediator shall be to communicate with
the employer and the exclusive representative or their representatives and to
endeavor to bring about an amicable and voluntary settlement. (Section
14(a) of the Act)
2) The mediator may hold joint and separate conferences with the
parties. The conferences shall be private unless the parties otherwise agree.
3) 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 considered confidential. The mediator shall not produce
any such confidential records of, or testify in regard to, any mediation
conducted by him, on behalf of any party to any cause pending in any type of
proceeding.
4) The mediator shall keep the Board apprised of the status of
the negotiations.
d) Compensation for the mediator shall be paid equally by the
parties;, however, 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. (Section 14(a) of the Act)
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.70 DEMAND FOR COMPULSORY INTEREST ARBITRATION
Section 1230.70 Demand for
Compulsory Interest Arbitration
a) When negotiating for an initial contract or a successor
contract, 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 (Section 14(a) of the Act),
either party may file on the other party a Demand for Compulsory Interest
Arbitration.
b) Demands for compulsory interest arbitration shall also be filed
with the Board on a Board-designated form and shall include the names,
addresses and telephone numbers of the parties and their representatives, the
contract number and expiration date of the existing contract if there is one,
the date mediation began or was waived or refused, the date the Notice of No
Agreement was filed or, in initial contract negotiations, the date the Notice
of Status of Negotiations was filed.
c) Arbitration procedures shall be deemed to be initiated by
the filing of a request for mediation. (Section 14(j) of the Act)
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.80 COMPOSITION OF THE ARBITRATION PANEL
Section 1230.80 Composition
of the Arbitration Panel
a) Unless otherwise agreed to in writing by the parties, the
arbitration panel shall consist of 3 members: the employer's delegate, the
exclusive representative's delegate and the neutral chairman.
b) Selection of the neutral chairman shall proceed as follows:
1) Within 7 days after receipt of a timely filed Demand for Compulsory
Interest Arbitration, the Board shall send the parties a list of 7 interest
arbitrators selected from the Illinois Public Employees Mediation/Arbitration
Roster, unless the parties have notified the Board of an agreement to use an alternate
source of interest arbitrator. The parties may agree to use an alternate source
of interest arbitrators at any time prior to appointment of an arbitrator by
the Board.
2) The parties may select an individual on the list provided
by the Board or any other individual mutually agreed upon by the parties. Within
7 days following the receipt of the list, the parties shall notify the Board
of the person they have selected. Unless the parties agree on an alternate
selection procedure, they shall alternatively strike one name from the list provided
by the Board until only one name remains. A coin toss shall determine which
party shall strike the first name. (Section 14(c) of the Act)
3) If the parties fail to notify the Board of their selection
for neutral chairman, the Board shall appoint, at random, a neutral chairman
from the Illinois Public Employees Mediation/Arbitration Roster. (Section
14(c) of the Act)
4) The parties may request a second panel of arbitrators only
upon agreement of the parties. In the event a party objects to one or more
members of the panel, the party shall notify the Executive Director of its
objection within 5 days after receipt of the list of arbitrators. If the
Executive Director believes that it is appropriate to include the arbitrator on
the list, the parties shall continue the selection process provided in Section
1230.80(b)(2). If the Executive Director 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 Executive Director will send the
parties the name of an arbitrator to replace the objectionable name. The
parties will follow the procedures set forth in Section 1230.80(b)(2) 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 Executive Director's decision not
to remove an arbitrator from the list is not appealable; the objecting party
having the objection may seek relief through striking the name of the
arbitrator as provided in Section 1230.80(b)(2).
5) If the neutral chairman is unable or unwilling to commence the
hearing within 15 days following his or her appointment, or within such additional
time period to which the parties may agree pursuant to Section 1230.90(a) of
this Part, or if the neutral chairman 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 interest arbitrators from the
Illinois Public Employees Mediation/Arbitration Roster. Within 7 days after
the Board provides the list, the parties shall select an individual from the
list or any other individual to serve as neutral chairman. If the parties fail
to notify the Board of their selection, the Board shall appoint a neutral
chairman. Except in exceptional circumstances, the Board shall not supply the
parties with more than 2 lists of interest arbitrators.
c) Within 10 days following the filing of the demand for
compulsory interest arbitration, each party shall notify the Board of the name,
address and telephone number of its delegate to the interest arbitration panel.
Delegates who are public officers or public employees shall continue on the
payroll of the public employer during the arbitration proceeding without loss
of pay.
d) Upon receipt of the names of the delegates and upon selection
of a neutral chairman, the Board shall notify the neutral chairman in writing
of the Chairman's appointment. The date of receipt of the notice shall be the
date of the neutral chairman's appointment.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.90 CONDUCT OF THE INTEREST ARBITRATION HEARING
Section 1230.90 Conduct of
the Interest Arbitration Hearing
a) The neutral chairman of the arbitration panel shall provide
the parties with reasonable notice of a hearing to commence within 15 days
following the Chairman's appointment. 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 conclude within 30 days following its
commencement, unless the parties agree to extend this period.
b) The arbitration panel shall be responsible for choosing the
location of the hearing and securing the premises. The Board hereby deems it
appropriate for hearings to take place at the location selected by the panel.
Requests to use the hearing rooms at the Board's offices must be made to the
Board at least 10 days in advance, and will only be granted if space is
available.
c) The neutral chairman shall preside over the hearing and
shall take testimony. (Section 14(d) of the Act) The neutral chairman
shall control the hearing to ensure that it is concluded expeditiously within
30 days after its commencement or within such longer period to which the
parties may agree.
d) The neutral chairman shall have the authority to issue
subpoenas in accordance with this Section. Subpoenas shall be secured by the
neutral chairman from the Board's office. If any person refuses to obey a
subpoena, or refuses to be sworn or to testify, or if any witness, party or
representative is guilty of contempt while in attendance at the hearing,
the neutral chairman may advise the Board's General Counsel. The General
Counsel shall request the assistance of the Attorney General to invoke the
aid of the circuit court within the jurisdiction in which the hearing is being
held. (Section 14(e) of the Act)
e) The arbitration proceeding shall be informal. Technical rules
of evidence shall not apply and the competence of evidence shall not thereby be
deemed impaired. (Section 14(d) of the Act)
f) The arbitration panel may administer oaths, require the
attendance of witnesses and the production of books, papers, contracts,
agreements, and documents as may be deemed by it to be material to a just
determination of the issues in dispute. (Section 14(e) of the Act)
g) The hearing proceedings shall be transcribed. The arbitration
panel shall arrange for the recording and transcription of the proceedings.
The costs of recording and transcribing the hearing shall be shared equally by
the parties. Any party that desires a copy of the transcript shall be
responsible for the cost of its copy.
h) The neutral chairman, if he or she 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. (Section 14(f) of the Act) The chairman shall notify the Board
in writing of any such remand. If the dispute is remanded to the parties, the
running of the time period for conclusion of the hearing shall be stayed.
i) Majority actions and rulings shall constitute the actions
and rulings of the arbitration panel. (Section 14(d) of the Act)
j) Arbitration proceedings shall not be interrupted or
terminated by reason of any unfair labor practice charges involving
either party. (Section 14(d) of the Act)
k) Whenever one party has objected in good faith to the presence
of an issue before the arbitration panel on the ground that the issue does not
involve a subject over which the parties are required to bargain, the
arbitration panel's award shall not consider that issue. However, except as
provided in subsections (1) and (m), the arbitration panel may consider and
render an award on any issue that has been declared by the Board, or by the
General Counsel pursuant to 80 Ill. Adm. Code 1200.143(b), to be a subject over
which the parties are required to bargain.
l) Arbitration – Peace Officers
1) In arbitration proceedings involving peace officers, the
arbitration panel's decision shall be limited to wages, hours and conditions of
employment (which may include residency requirements in municipalities with a
population under 1,000,000, but those residency requirements shall not allow
residency outside of Illinois) and shall not include the following:
A) residency requirements in municipalities with a population
of at least 1,000,000;
B) the
type of equipment, other than uniforms, issued or used;
C) manning;
D) the
total number employees employed by the department;
E) mutual aid and assistance agreements to other units of
government; and
F) the criterion pursuant to which force including deadly
force, can be used.
2) However, nothing in Section 14(i) of the Act or in this
subsection (l) shall preclude an arbitration decision regarding equipment or
manning considerations in a specific work assignment involve a serious risk to
the safety of a peace officer beyond that which is inherent in the normal
performance of police duties. (Section 14(i) of the Act)
m) Arbitration – Firefighters/Paramedics
1) In arbitration proceedings involving firefighters or
paramedics employed by fire departments or fire protection districts, the
arbitration panel's decision shall be limited to wages, hours and conditions
of employment (which may include residency requirements in municipalities with
a population under 1,000,000, but those residency requirements shall not allow
residency outside of Illinois) and shall not include the following
matters:
A) residency requirements in municipalities with a population
of at least 1,000,000;
B) the type of equipment (other than uniforms and fire fighter
turnout gear) issued or used;
C) the
total number of employees employed by the department;
D) mutual aid and assistance agreements to other units of
government; and
E) the criterion pursuant to which force, including deadly
force, can be used;
2) However, nothing in Section 14(i) of the Act or this
subsection (m) shall preclude an arbitration decision regarding equipment
levels if that decision is based on a finding that the equipment considerations
in a specific work assignment involve a serious risk to the safety of a fire
fighter beyond that which is inherent in the normal performance of fire fighter
duties. (Section 14(i) of the Act)
3) The limitations of this subsection (m) shall not apply to any
provision of a firefighter collective bargaining agreement in effect and
applicable as of January 1, 1986.
n) If issues of peace officer manning, or peace officer,
firefighter or paramedic equipment, are raised, unless otherwise agreed to by
the parties, the panel shall receive evidence concerning the existence of a
serious safety risk beyond that which is inherent in the normal performance of
the employee's duties and evidence concerning the merits of the issue in the
same proceeding.
o) The arbitration panel:
1) shall:
A) determine which issues are in dispute and which of those issues
are economic issues;
B) serve a copy of that determination on the parties; and
C) require the parties to submit their final offers of settlement
on each economic issue in dispute.
2) need not determine whether, with regard to protective service
employees, equipment or manning issues involve serious safety risks beyond that
which is inherent in the normal performance of the employees' duties at this
stage of the proceeding.
3) may allow the parties reasonable additional time, as
determined by the number and the complexity of the issues, for presenting
written or oral arguments in support of their positions. The hearing shall be
considered concluded when final offers are submitted or when written or oral
arguments are presented, whichever is later.
4) when the Board has issued an order or the General Counsel has
issued a declaratory ruling, or an issue concerning the mandatory or
non-mandatory nature of a matter is in dispute between the parties, allow
parties to amend those aspects of their final offers affected by the Board
Order or General Counsel's declaratory ruling.
p) The following costs shall be shared equally by the parties:
1) the
neutral chairman's fee;
2) costs
of recording and transcribing the hearing;
3) the
rent, if any, for the hearing room; and
4) all other costs of the proceeding, except for supplemental
proceedings necessitated by an employer's rejection of an arbitration award.
(Source: Amended at 45 Ill.
Reg. 1887, effective February 1, 2021)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.100 THE ARBITRATION AWARD
Section 1230.100 The
Arbitration Award
a) Within 30 days after the conclusion of the hearing or such
further additional periods to which the parties may agree (Section 14(g) of
the Act), the panel shall issue, serve on the parties, and file with the Board
its award and findings of fact. The panel shall file a hard copy and a
computer disk copy of the award and findings of fact with the Board. The award
shall be considered issued on the date it is served on the parties. The panel
shall file a certificate of service with the Board.
b) The award shall contain findings of fact and a written opinion
concerning each issue in dispute. The determination of the arbitration
panel as to the issues in dispute and as to which of these issues are economic
shall be conclusive. (Section 14(g) of the Act) With respect to each
economic issue in dispute, the panel shall adopt the final offer of one of the
parties, based on the following factors:
1) The lawful authority of the employer (Section 14(h)(l)
of the Act);
2) Stipulations of the parties (Section 14(h)(2) of the
Act);
3) The interests and welfare of the public and the financial
ability of the unit of government to meet these costs (Section 14(h)(3) of
the Act);
4) Comparison of the wages 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 and
with other employees generally:
A) In public employment in comparable communities;
B) In private employment in comparable communities (Section
14(h)(4) of the Act);
5) The average consumer prices for goods and services,
commonly known as the cost of living (Section 14(h)(5) of the Act);
6) The overall compensation presently received by the
employees, 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 (Section
14(h)(6) of the Act);
7) Changes in any of the foregoing circumstances during the
pendency of the arbitration proceedings (Section 14(h)(7) of the Act);
8) Such other factors, not confined to the foregoing, which
are normally or traditionally taken into consideration in the determination of
wages, hours and conditions of employment through voluntary collective
bargaining, mediation, fact-finding, arbitration or otherwise between the
parties, in the public service or in private employment (Section 14(h)(8)
of the Act).
c) With respect to each noneconomic issue in dispute, the panel
shall base its award on the applicable factors set forth in subsection (b) of this
Part.
d) If peace officer manning issues, or peace officer, firefighter
or paramedic equipment issues are in dispute, the panel shall first make its
findings and conclusions concerning the presence of a serious risk to employee
safety beyond that which is inherent in the normal performance of the
employee's duties. If the panel finds that such a serious risk exists, the
panel shall render an award in accordance with this Part.
e) The commencement of a new municipal fiscal year after the initiation
of arbitration procedures (Section 14(j) of the Act) shall not render the
proceeding moot. Awards of wage increases may be effective only at the start
of the fiscal year beginning after the date of the award; however, if a new
fiscal year began after the initiation of arbitration proceedings, an award of
wage increases may be retroactive to the beginning of that fiscal year.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.110 EMPLOYER REVIEW OF THE AWARD
Section 1230.110 Employer
Review of the Award
a) All of the terms decided upon by the arbitration panel
shall be included in an agreement to be submitted to the public employer's
governing body for ratification and adoption by law, ordinance or equivalent
appropriate means. (Section 14(n) of the Act)
b) The governing body shall review each term decided by the
arbitration panel. (Section 14(n) of the Act)
c) The governing body may reject any terms of the award by a
three-fifths vote of those duly elected and qualified members of the governing
body. (Section 14(n) of the Act) The rejection vote must occur within 20
days after service of the award. The governing body shall provide written
reasons for its rejection and shall serve those reasons on the parties and the
neutral chairman no later than 20 days after the rejection vote. The governing
body shall file a copy of its reasons and a certificate of service with the
Board. The reasons for rejection shall be considered issued on the date that
they are served on the neutral chairman.
d) Any terms not rejected in accordance with this Section shall
become a part of the parties' collective bargaining agreement.
e) The neutral chairman shall call together the panel and convene
a supplemental interest arbitration hearing within 30 days after issuance of
the reasons for rejection. The supplemental hearing shall be conducted in
accordance with Section 1230.90.
f) The parties may mutually agree to select a different neutral
chairman for the supplemental hearing, provided they notify the Board and the
original neutral chairman within 7 days after service of the reasons for
rejection of the award.
g) All reasonable costs of such supplemental proceedings,
including the exclusive representative's reasonable attorney's fees, shall be
paid by the employer. (Section 14(o) of the Act) If the employer refuses
to pay any costs or attorney's fees, the exclusive representative may submit
the costs and/or fees to the Board's General Counsel for a determination of
reasonableness. The General Counsel shall certify the amount determined to be
reasonable and the employer shall promptly pay that amount to the exclusive
representative.
h) Any supplemental award rendered by the arbitration panel shall
be subject to governing body review in accordance with this Section.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
SUBPART C: IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.120 GENERAL PURPOSE OF THIS SUBPART
Section 1230.120 General
Purpose of this Subpart
This Subpart governs employees
with the right to strike, provided that certain conditions are met. The Act
requires that the parties attempt to mutually resolve their bargaining disputes
prior to resorting to a strike. To facilitate amicable settlement between the
parties, the Board shall provide, in accordance with this subpart, services of
mediators, interest arbitrators and fact-finders. All costs of such services
shall be shared equally by the parties.
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.130 FILING OF CONTRACTS (REPEALED)
Section 1230.130 Filing of
Contracts (Repealed)
(Source: Repealed at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.140 BARGAINING NOTICES FOR GENERAL PUBLIC EMPLOYEE UNITS
Section 1230.140 Bargaining
Notices for General Public Employee Units
The following notice
requirements shall apply when the parties are bargaining for a successor
contract for a general public employee unit:
a) Pursuant to Section 7 of the Act, any party wishing to
terminate or modify an existing collective bargaining agreement shall serve on
the other party a written demand for bargaining. The demand for bargaining
shall be served on the other party 60 days prior to the scheduled termination
date of the existing agreement. Service of the demand for bargaining continues
in full force and effect, without resort to strike or lockout, all the terms
and conditions of the existing contract for a period of 60 days after such
demand notice is given to the other party or until the expiration date of such
contract, whichever occurs later. (Section 7(4) of the Act) A copy of the
demand for bargaining shall be filed with the Board by the party making the
demand at the same time it is served on the other party. The demand for
bargaining shall reference the existing contract's number as assigned pursuant
to Section 1230.130 of this Part.
b) Upon completing negotiations for either a successor or initial
contract, the parties shall file with the Board a copy of the contract pursuant
to Section 1230.130(a)(1) of this Part.
c) Any time after the parties have commenced negotiations, either
party may request fact-finding or mediation/arbitration services. Such
requests shall be filed in accordance with this Subpart.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.150 MEDIATION
Section 1230.150 Mediation
a) Requests for mediation shall be on a Board-designated form.
Joint requests for mediation must be made in writing.
b) Requests for mediation in negotiations for either successor or
initial contracts may be made at any time after the parties have commenced
negotiations.
c) Requests for mediation shall generally be made jointly.
Unilateral requests for mediation may be made only after the party requesting
mediation has asked the other party to join in the request and the other party
has refused. Unilateral requests for mediation shall be accompanied by a
written statement setting forth the circumstances of the other party's refusal
to join in the request. Upon receipt of a unilateral request for mediation,
the Board shall investigate the request. If the Board's investigation
discloses that the request was properly filed under this Part, that bargaining
has not resulted in an agreement, and that mediation would assist the parties,
the Board shall grant the request. Unilateral requests filed by the exclusive
representative in conformance with this Section shall satisfy the precondition
for a lawful strike set forth in Section 17(a)(4) of the Act.
d) Whenever the Board grants a request for mediation it shall
provide the parties with a panel of at least 3 mediators listed on the Public
Employees Mediation/Arbitration 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.
e) Mediation shall be conducted as follows:
1) The function of the mediator shall be to communicate with
the employer and the exclusive representative or their representatives and to
endeavor to bring about an amicable and voluntary settlement. (Section
12(a) of the Act)
2) The mediator may hold joint and separate conferences with the
parties. The conferences shall be private unless the parties otherwise agree.
3) 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 considered confidential. The mediator shall not produce
any confidential records of, or testify in regard to, any mediation previously
conducted, on behalf of any party to any case pending in any type of
proceeding.
4) The mediator shall keep the Board apprised of the status of
the negotiations.
f) Compensation of the mediator shall be paid equally by the
parties; however, 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. (Section 17(a)(5) of the Act)
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.160 FACT-FINDING
Section 1230.160
Fact-finding
a) The parties may agree in writing to the use of fact-finding in
resolving their disputes.
b) Requests for fact-finding shall be filed on a Board-designated
form and shall be accompanied by a copy of the parties' agreement to use
fact-finding.
c) Upon receipt of the request for fact-finding, the Board shall
supply the parties with a list of 7 fact-finders listed on the Public Employees
Mediation/Arbitration Roster. The parties shall select one individual from the
list to serve as fact-finder within 10 days of service of the list. If the
parties advise the Board that they are unable to select one of the 7
individuals on the list, the Board shall provide a second list. Except in
extraordinary circumstances, the Board shall not provide more than 2 lists.
The parties shall notify the Board of the name of the individual they select to
serve as fact-finder. Upon being so notified, the Board shall appoint the
fact-finder.
d) If fact-finding follows mediation, the parties may agree to
use the mediator as fact-finder, provided that the mediator is not a Board
employee.
e) The fact-finding hearing shall be conducted as follows:
1) The person appointed as fact-finder shall immediately
establish the dates and place of hearing.
2) Upon request, the Board shall issue subpoenas for hearings
conducted by the fact-finder.
3) The fact-finder may administer oaths. (Section 13(b) of
the Act
f) The
fact-finder shall issue a report and findings as follows:
1) The fact-finder shall serve these findings and report on the
parties and the Board within 45 days after the fact finder's appointment,
unless the parties mutually agree to extend the time period.
2) Within 5 days after service of the findings and report, the
fact-finder shall mail the findings and report to all newspapers of general
circulation in the community as mutually designated by the parties, unless the
parties mutually request otherwise.
g) The
costs of the fact-finding proceeding shall be shared equally by the parties.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.170 VOLUNTARY INTEREST ARBITRATION
Section 1230.170 Voluntary
Interest Arbitration
a) The
parties may voluntarily agree in writing to use interest arbitration.
b) The parties may request a list of interest arbitrators from
the Board by completing a Board-designated form and a copy of their agreement
to use interest arbitration. Upon receipt of the request, the Board shall
provide the parties a list of up to 7 interest arbitrators from the Public
Employees Mediation/Arbitration Roster. If the parties are unable to select an
arbitrator from the list provided by the Board, upon request, the Board shall
provide a second list of interest arbitrators to the parties. Except under
extraordinary circumstances, the Board shall provide no more than 2 lists.
c) The neutral interest arbitrator selected by the parties shall
conduct the voluntary interest arbitration in accordance with the agreement of
the parties. The interest arbitrator or interest arbitration panel shall use
the factors set forth in Section 1230.100(b) of this Part as guidelines in
rendering the award.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.180 STRIKES
Section 1230.180 Strikes
Employees in general public
employee units have the right to strike, provided that the following conditions
have been met:
a) The employees are represented by an exclusive bargaining
representative (Section 17(a)(1) of the Act) that has been certified by the
Board or that has a valid claim to status as an historical bargaining
representative pursuant to Section 3(f) of the Act.
b) The collective bargaining agreement between the public
employer and the public employees, if any, has expired, or such agreement does
not prohibit the strike. (Section 17(a)(2) of the Act) Pursuant to
Section 8 of the Act, a collective bargaining agreement must contain provisions
prohibiting strikes for the agreement's duration and providing for a grievance
procedure culminating in final and binding arbitration of disputes over the
interpretation of the agreement unless the parties agree to forgo these
provisions.
c) The public employer and the labor organization have not
mutually agreed to submit the disputed issues to final and binding arbitration.
(Section 17(a)(3) of the Act)
d) The exclusive representative has requested a mediator
pursuant to Section 12 of the Act and Section 1230.150 of this Part and
mediation has been used. (Section 17(a)(4) of the Act)
e) At least 5 days have elapsed after a notice
of intent to strike has been given by the exclusive representative to the
public employer. (Section 17(a)(5) of the Act) A copy of the notice shall
be filed with the Board and shall reference the contract number in cases of
negotiations for successor contracts or the certification case number in cases
of negotiations for initial contracts. The 5 day time period shall be
calculated in accordance with 80 Ill. Adm. Code 1200.30(a) and (b).
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.190 PETITIONS FOR STRIKE INVESTIGATIONS
Section 1230.190 Petitions
for Strike Investigations
a) If a strike, which may constitute a clear and
present danger to the health and safety of the public is about to occur or is
in progress, the public employer concerned may file with the Board a
petition for a strike investigation (Section 18(a) of the Act).
b) A petition for a strike investigation shall be on a
Board-designated form and shall contain:
1) the name, address and telephone number of the petitioner;
2) the name, address, telephone number and affiliation, if any,
of the labor organization that is threatening or conducting the strike;
3) the name, address and telephone number of the parties'
representatives;
4) the date that the strike began or is threatened to begin;
5) a detailed description of the danger posed by the strike to
the public health and safety.
c) Petitioner shall attach to its petition copies of all relevant
evidence, including affidavits, of the existence of a strike or the threat of a
strike, and of the existence of a clear and present danger to the health and
safety of the public. (Section 18 of the Act)
d) The employer shall serve a copy of the petition on the labor
organization prior to or simultaneously with its filing with the Board. Service
shall be in person or by overnight delivery.
e) The Board shall investigate the petition. If there are
disputed issues of material fact, the Board shall hold an expedited hearing.
The Board shall issue its findings within 72 hours following the filing of the
petition.
f) If the Board finds that there is no strike or threat of a
strike, or that there is no clear and present danger to the health and
safety of the public (Section 18 of the Act), or that the employer is
otherwise not entitled to relief pursuant to Section 18 of the Act, the Board
shall serve its findings on the parties. The employer may refile its petition
for a strike investigation only if it alleges that circumstances have changed
since the filing of the Board's findings.
g) If the Board finds that there is a strike or a threat of a strike
that poses a clear and present danger to the health and safety of the public
(Section 18 of the Act), and the Board finds that the employer is otherwise
entitled to relief pursuant to Section 18 of the Act, the Board shall serve its
findings on the parties.
h) Whenever a court enjoins a strike and orders interest
arbitration in accordance with Section 14 of the Act, Section 1230.80 through
1230.110 of this Part shall govern the arbitration.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
SUBPART D: GRIEVANCE ARBITRATION AND MEDIATION
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.200 GRIEVANCE ARBITRATION
Section 1230.200 Grievance
Arbitration
a) Unless mutually agreed otherwise, every collective bargaining
agreement between an employer and a labor organization that covers employment
subject to the Act shall contain a grievance procedure that has as its last
step final and binding grievance arbitration. The parties may use the Illinois
Public Employees Mediation/Arbitration Roster or any other source for selection
of grievance arbitrators.
b) Whenever either party requests, unless the collective
bargaining agreement provides for an alternative source, the Board shall
provide a panel of up to 7 grievance arbitrators selected from the Illinois
Public Employees Mediation/Arbitration Roster. Requests shall be submitted on a
Board-designated form. 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 2 panels.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.210 GRIEVANCE MEDIATION
Section 1230.210 Grievance
Mediation
If the parties desire an
individual from the Public Employees Mediation/Arbitration Roster to mediate
one or more grievances, requests shall be made and processed in the same manner
as requests for grievance arbitrators.
SUBPART E: ILLINOIS PUBLIC EMPLOYEES MEDIATION/ARBITRATION ROSTER
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1230
IMPASSE RESOLUTION
SECTION 1230.220 MEDIATION/ARBITRATION ROSTER
Section 1230.220
Mediation/Arbitration Roster
a) The Board shall establish an Illinois Public Employees
Mediation/Arbitration Roster and shall make its services available for
mediation, fact-finding, interest arbitration, grievance arbitration, and
grievance mediation. 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 based upon a majority vote
of the members of 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 recognized
mediation or arbitration panels, education, prior published awards, current
advocacy in employment relations matters, letters of recommendation supporting
the application, and any other relevant material supplied by the applicant or
requested by the Board. Individuals appointed to the Roster shall be residents
of the State of Illinois. The members of the Public Employees
Mediation/Arbitration Roster are persons who are on the labor arbitration
panels of either the American Arbitration Association or the Federal Mediation
and Conciliation Service or who are members of the National Academy of
Arbitrators.
d) Individuals 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 an individual has filed with the Board. A
minimum of 30 days notice shall be given to the Board for changes in fee
schedules.
e) Requests for panels from the Roster shall be submitted on a
form developed by the Board and shall include:
1) The name, address, telephone number and affiliation, if any,
of the parties submitting the request;
2) The name, address and telephone number of the parties'
representatives;
3) The type of service requested; and
4) A brief description of the nature of the dispute, including
unresolved issues, to the extent known.
f) 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.
g) The parties may jointly request that panels submitted to them
contain or omit specific individuals. No party may unilaterally make such a
request.
h) Individuals listed on the Roster shall abide by the Code of
Professional Responsibility for Arbitrators of Labor-Management Disputes, as
amended, effective May 29, 1985, and adopted by the National Academy of
Arbitrators and the American Arbitration Association, and shall take the
constitutional affirmation of office. This incorporation by reference does not
contain any further amendments.
(Source: Amended at 27 Ill.
Reg. 7456, effective May 1, 2003)
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