SB2528 Engrossed

LRB093 15449 NHT 41052 b






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    AN ACT concerning education.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Educational Labor Relations Act is 
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amended  by changing Section 4.5 as follows:
 



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    (115 ILCS 5/4.5)


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    Sec. 4.5. Subjects of collective bargaining. 

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    (a) Notwithstanding the existence of any other provision in 
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this Act or
other law, collective bargaining between an 
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educational employer whose
territorial boundaries are 
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coterminous with those of a city having a population
in
excess 
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of 500,000 and an exclusive representative of its employees may

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include any of the following
subjects:


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        (1) (Blank).


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        (2) Decisions to contract with a third party for one or 
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more services
otherwise performed by employees in a 
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bargaining unit and the
procedures for
obtaining such 
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contract or the identity of the third party.


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        (3) Decisions to layoff or reduce in force employees.


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        (4) Decisions to determine class size, class staffing 
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and assignment,
class
schedules, academic calendar, hours 
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and places of instruction, or pupil
assessment policies.


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        (5) Decisions concerning use and staffing of 
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experimental or pilot
programs and
decisions concerning 
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use of technology to deliver educational programs and

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services and staffing to provide the technology.

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        (6) The decision on whether or not to have seniority on 
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a district-wide basis.

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    (b) The subject or matters described in subsection (a) are 
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permissive
subjects of bargaining between an educational 
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employer and an exclusive
representative of its employees and, 
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for the purpose of this Act, are within
the sole
discretion of 
 


 






SB2528 Engrossed
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LRB093 15449 NHT 41052 b




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the educational employer to decide
to bargain, provided that 
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the educational employer is required to bargain
over the impact 
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of a decision concerning such subject or matter on the

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bargaining unit upon request by the exclusive representative. 
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During
this bargaining, the educational employer shall not be 
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precluded from
implementing its decision. If, after a 
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reasonable period of bargaining, a
dispute or impasse exists 
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between the educational employer and the
exclusive 
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representative, the dispute or impasse shall be resolved 
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exclusively
as set
forth in subsection (b) of Section 12 of 
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this Act in lieu of a strike under
Section 13 of this Act.

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    (c) A provision in a collective bargaining agreement that 
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was rendered
null
and void
because it involved a
prohibited 
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subject of collective bargaining
under this subsection (c) as 
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this subsection (c) existed before the effective
date of
this 
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amendatory Act of the 93rd General Assembly
remains null and 
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void and
shall not otherwise be reinstated in any successor 
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agreement unless the
educational employer and exclusive 
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representative otherwise agree to
include an agreement reached 
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on a subject or matter described in
subsection (a) of this 
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Section as subsection (a) existed before this amendatory
Act of

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the 93rd General Assembly.

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(Source: P.A. 93-3, eff. 4-16-03.)


 

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    Section 99. Effective date. This Act takes effect August 1, 
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2004.