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) |