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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Labor Relations Act is | ||||||||||||||||||||||||||
5 | amended by changing Sections 4 and 14 as follows: | ||||||||||||||||||||||||||
6 | (5 ILCS 315/4) (from Ch. 48, par. 1604)
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7 | Sec. 4. Management Rights. Employers shall not be required | ||||||||||||||||||||||||||
8 | to bargain
over matters of inherent managerial policy, which | ||||||||||||||||||||||||||
9 | shall include such areas
of discretion or policy as the | ||||||||||||||||||||||||||
10 | functions of the employer, standards of
services,
its overall | ||||||||||||||||||||||||||
11 | budget, the organizational structure and selection of new
| ||||||||||||||||||||||||||
12 | employees, examination techniques
and direction of employees. | ||||||||||||||||||||||||||
13 | Employers, however, shall be required to bargain
collectively | ||||||||||||||||||||||||||
14 | with regard to
policy matters directly affecting wages, hours | ||||||||||||||||||||||||||
15 | and terms and conditions of employment , including manning,
as | ||||||||||||||||||||||||||
16 | well as the impact thereon upon request by employee | ||||||||||||||||||||||||||
17 | representatives.
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18 | To preserve the rights of employers and exclusive | ||||||||||||||||||||||||||
19 | representatives which
have established collective bargaining | ||||||||||||||||||||||||||
20 | relationships or negotiated collective
bargaining agreements | ||||||||||||||||||||||||||
21 | prior to the effective date of this Act, employers
shall be | ||||||||||||||||||||||||||
22 | required to bargain collectively with regard to any matter | ||||||||||||||||||||||||||
23 | concerning
wages, hours or conditions of employment about which |
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1 | they have bargained
for and agreed to in a collective | ||||||
2 | bargaining agreement
prior to the effective date of this Act.
| ||||||
3 | The chief judge of the judicial circuit that employs a | ||||||
4 | public employee who
is
a court reporter, as defined in the | ||||||
5 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
6 | promote, evaluate, discipline, and discharge court reporters
| ||||||
7 | within that judicial circuit.
| ||||||
8 | Nothing in this amendatory Act of the 94th General Assembly | ||||||
9 | shall
be construed to intrude upon the judicial functions of | ||||||
10 | any court. This
amendatory Act of the 94th General Assembly | ||||||
11 | applies only to nonjudicial
administrative matters relating to | ||||||
12 | the collective bargaining rights of court
reporters.
| ||||||
13 | (Source: P.A. 94-98, eff. 7-1-05.)
| ||||||
14 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| ||||||
15 | Sec. 14. Security Employee, Peace Officer and Fire Fighter | ||||||
16 | Disputes.
| ||||||
17 | (a) In the case of collective bargaining agreements | ||||||
18 | involving units of
security employees of a public employer, | ||||||
19 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
20 | and in the case of disputes under Section 18,
unless the | ||||||
21 | parties mutually agree to some other time limit, mediation
| ||||||
22 | shall commence 30 days prior to the expiration date of such | ||||||
23 | agreement or
at such later time as the mediation services | ||||||
24 | chosen under subsection (b) of
Section 12 can be provided to | ||||||
25 | the parties. In the case of negotiations
for an initial |
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| |||||||
1 | collective bargaining agreement, mediation shall commence
upon | ||||||
2 | 15 days notice from either party or at such later time as the
| ||||||
3 | mediation services chosen pursuant to subsection (b) of Section | ||||||
4 | 12 can be
provided to the parties. In mediation under this | ||||||
5 | Section, if either party
requests the use of mediation services | ||||||
6 | from the Federal Mediation and
Conciliation Service, the other | ||||||
7 | party shall either join in such request or
bear the additional | ||||||
8 | cost of mediation services from another source. The
mediator | ||||||
9 | shall have a duty to keep the Board informed on the progress of
| ||||||
10 | the mediation. If any dispute has not been resolved within 15 | ||||||
11 | days after
the first meeting of the parties and the mediator, | ||||||
12 | or within such other
time limit as may be mutually agreed upon | ||||||
13 | by the parties, either the
exclusive representative or employer | ||||||
14 | may request of the other, in writing,
arbitration, and shall | ||||||
15 | submit a copy of the request to the Board.
| ||||||
16 | (b) Within 10 days after such a request for arbitration has | ||||||
17 | been
made, the employer shall choose a delegate and
the | ||||||
18 | employees' exclusive representative shall choose a delegate to | ||||||
19 | a panel
of arbitration as provided in this Section. The | ||||||
20 | employer and employees
shall forthwith advise the other and the | ||||||
21 | Board of their selections.
| ||||||
22 | (c) Within 7 days of the request of either party, the Board | ||||||
23 | shall select
from the Public Employees Labor Mediation Roster 7 | ||||||
24 | persons who are on the
labor arbitration panels of either the | ||||||
25 | American Arbitration Association or
the Federal Mediation and | ||||||
26 | Conciliation Service, or who are members of the
National |
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| |||||||
1 | Academy of Arbitrators, as nominees for
impartial arbitrator of | ||||||
2 | the arbitration panel. The parties may select an
individual on | ||||||
3 | the list provided by the Board or any other individual
mutually | ||||||
4 | agreed upon by the parties. Within 7 days following the receipt
| ||||||
5 | of the list, the parties shall notify the Board of the person | ||||||
6 | they have
selected. Unless the parties agree on an alternate | ||||||
7 | selection procedure,
they shall alternatively strike one name | ||||||
8 | from the list provided by the
Board until only one name | ||||||
9 | remains. A coin toss shall determine which party
shall strike | ||||||
10 | the first name. If the parties fail to notify the Board in a
| ||||||
11 | timely manner of their selection for neutral chairman, the | ||||||
12 | Board shall
appoint a neutral chairman from the Illinois Public | ||||||
13 | Employees
Mediation/Arbitration Roster.
| ||||||
14 | (d) The chairman shall call a hearing to begin within 15 | ||||||
15 | days and give
reasonable notice of the time and place of the | ||||||
16 | hearing. The hearing
shall be held at the offices of the Board | ||||||
17 | or at such other location as the
Board deems appropriate. The | ||||||
18 | chairman shall preside over the hearing and
shall take | ||||||
19 | testimony. Any oral or documentary evidence and other data
| ||||||
20 | deemed relevant by the arbitration panel may be received in | ||||||
21 | evidence. The
proceedings shall be informal. Technical rules of | ||||||
22 | evidence shall not apply
and the competency of the evidence | ||||||
23 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
24 | proceedings shall be made and the arbitrator shall
arrange for | ||||||
25 | the necessary recording service. Transcripts may be ordered at
| ||||||
26 | the expense of the party ordering them, but the transcripts |
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| |||||||
1 | shall not be
necessary for a decision by the arbitration panel. | ||||||
2 | The expense of the
proceedings, including a fee for the | ||||||
3 | chairman, established in advance by
the Board, shall be borne | ||||||
4 | equally by each of the parties to the dispute.
The delegates, | ||||||
5 | if public officers or employees, shall continue on the
payroll | ||||||
6 | of the public employer without loss of pay. The hearing | ||||||
7 | conducted
by the arbitration panel may be adjourned from time | ||||||
8 | to time, but unless
otherwise agreed by the parties, shall be | ||||||
9 | concluded within 30 days of the
time of its commencement. | ||||||
10 | Majority actions and rulings shall constitute
the actions and | ||||||
11 | rulings of the arbitration panel. Arbitration proceedings
| ||||||
12 | under this Section shall not be interrupted or terminated by | ||||||
13 | reason of any
unfair labor practice charge filed by either | ||||||
14 | party at any time.
| ||||||
15 | (e) The arbitration panel may administer oaths, require the | ||||||
16 | attendance
of witnesses, and the production of such books, | ||||||
17 | papers, contracts, agreements
and documents as may be deemed by | ||||||
18 | it material to a just determination of
the issues in dispute, | ||||||
19 | and for such purpose may issue subpoenas. If any
person refuses | ||||||
20 | to obey a subpoena, or refuses to be sworn or to testify,
or if | ||||||
21 | any witness, party or attorney is guilty of any contempt while | ||||||
22 | in
attendance at any hearing, the arbitration panel may, or the | ||||||
23 | attorney general
if requested shall, invoke the aid of any | ||||||
24 | circuit court within the jurisdiction
in which the hearing is | ||||||
25 | being held, which court shall issue an appropriate
order. Any | ||||||
26 | failure to obey the order may be punished by the court as |
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1 | contempt.
| ||||||
2 | (f) At any time before the rendering of an award, the | ||||||
3 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
4 | it would be useful or
beneficial to do so, may remand the | ||||||
5 | dispute to the parties for further
collective bargaining for a | ||||||
6 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
7 | further collective bargaining the time provisions of this
Act | ||||||
8 | shall be extended for a time period equal to that of the | ||||||
9 | remand. The
chairman of the panel of arbitration shall notify | ||||||
10 | the Board of the remand.
| ||||||
11 | (g) At or before the conclusion of the hearing held | ||||||
12 | pursuant to subsection
(d), the arbitration panel shall | ||||||
13 | identify the economic issues in dispute,
and direct each of the | ||||||
14 | parties to submit, within such time limit as the
panel shall | ||||||
15 | prescribe, to the arbitration panel and to each other its last
| ||||||
16 | offer of settlement on each economic issue. The determination | ||||||
17 | of the
arbitration panel as to the issues in dispute and as to | ||||||
18 | which of these
issues are economic shall be conclusive. The | ||||||
19 | arbitration panel, within 30
days after the conclusion of the | ||||||
20 | hearing, or such further additional
periods to which the | ||||||
21 | parties may agree, shall make written findings of fact
and | ||||||
22 | promulgate a written opinion and shall mail or otherwise | ||||||
23 | deliver a true
copy thereof to the parties and their | ||||||
24 | representatives and to the Board. As
to each economic issue, | ||||||
25 | the arbitration panel shall adopt the last offer of
settlement | ||||||
26 | which, in the opinion of the arbitration panel, more nearly
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1 | complies with the applicable factors prescribed in subsection | ||||||
2 | (h). The
findings, opinions and order as to all other issues | ||||||
3 | shall be based upon the
applicable factors prescribed in | ||||||
4 | subsection (h).
| ||||||
5 | (h) Where there is no agreement between the parties, or | ||||||
6 | where there is
an agreement but the parties have begun | ||||||
7 | negotiations or discussions looking
to a new agreement or | ||||||
8 | amendment of the existing agreement, and wage rates
or other | ||||||
9 | conditions of employment under the proposed new or amended | ||||||
10 | agreement
are in dispute, the arbitration panel shall base its | ||||||
11 | findings, opinions
and order upon the following factors, as | ||||||
12 | applicable:
| ||||||
13 | (1) The lawful authority of the employer.
| ||||||
14 | (2) Stipulations of the parties.
| ||||||
15 | (3) The interests and welfare of the public and the | ||||||
16 | financial ability
of the unit of government to meet those | ||||||
17 | costs.
| ||||||
18 | (4) Comparison of the wages, hours and conditions of | ||||||
19 | employment of the
employees involved in the arbitration | ||||||
20 | proceeding with the wages, hours and
conditions of | ||||||
21 | employment of other employees performing similar services
| ||||||
22 | and with other employees generally:
| ||||||
23 | (A) In public employment in comparable | ||||||
24 | communities.
| ||||||
25 | (B) In private employment in comparable | ||||||
26 | communities.
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| |||||||
1 | (5) The average consumer prices for goods and services, | ||||||
2 | commonly known
as the cost of living.
| ||||||
3 | (6) The overall compensation presently received by the | ||||||
4 | employees,
including
direct wage compensation, vacations, | ||||||
5 | holidays and other excused time, insurance
and pensions, | ||||||
6 | medical and hospitalization benefits, the continuity and
| ||||||
7 | stability of employment and all other benefits received.
| ||||||
8 | (7) Changes in any of the foregoing circumstances | ||||||
9 | during the pendency
of the arbitration proceedings.
| ||||||
10 | (8) Such other factors, not confined to the foregoing, | ||||||
11 | which are normally
or traditionally taken into | ||||||
12 | consideration in the determination of wages,
hours and | ||||||
13 | conditions of employment through voluntary collective | ||||||
14 | bargaining,
mediation, fact-finding, arbitration or | ||||||
15 | otherwise between the parties, in
the public service or in | ||||||
16 | private employment.
| ||||||
17 | (i) In the case of peace officers, the arbitration decision | ||||||
18 | shall be
limited to wages, hours, and conditions of employment | ||||||
19 | (which may include
residency requirements in municipalities | ||||||
20 | with a population under 1,000,000, but
those residency | ||||||
21 | requirements shall not allow residency outside of Illinois)
and | ||||||
22 | shall not include
the following: i) residency requirements in | ||||||
23 | municipalities with a population
of at least 1,000,000; ii) the | ||||||
24 | type of equipment, other
than uniforms, issued or used; iii) | ||||||
25 | (blank) manning ; iv) the total number of
employees employed by | ||||||
26 | the department; v) mutual aid and assistance
agreements to |
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1 | other units of government; and vi) the criterion pursuant to
| ||||||
2 | which force, including deadly force, can be used; provided, | ||||||
3 | nothing herein
shall preclude an arbitration decision | ||||||
4 | regarding equipment or manning
levels if such decision is based | ||||||
5 | on a finding that the equipment or manning
considerations in a | ||||||
6 | specific work assignment involves involve a serious risk to the
| ||||||
7 | safety of a peace officer beyond that which is inherent in the | ||||||
8 | normal
performance of police duties. Limitation of the terms of | ||||||
9 | the arbitration
decision pursuant to this subsection shall not | ||||||
10 | be construed to limit the
factors upon which the decision may | ||||||
11 | be based, as set forth in subsection (h).
| ||||||
12 | In the case of fire fighter, and fire department or fire | ||||||
13 | district paramedic
matters, the arbitration decision shall be | ||||||
14 | limited to wages, hours, and
conditions of employment (which | ||||||
15 | may include residency requirements in
municipalities with a | ||||||
16 | population under 1,000,000, but those residency
requirements | ||||||
17 | shall not allow residency outside of Illinois) and shall not
| ||||||
18 | include the
following matters: i) residency requirements in | ||||||
19 | municipalities with a
population of at least 1,000,000; ii) the | ||||||
20 | type of equipment (other than
uniforms and fire fighter turnout | ||||||
21 | gear) issued or used; iii) the total
number of employees | ||||||
22 | employed by the department; iv) mutual aid and
assistance | ||||||
23 | agreements to other units of government; and v) the criterion
| ||||||
24 | pursuant to which force, including deadly force, can be used; | ||||||
25 | provided,
however, nothing herein shall preclude an | ||||||
26 | arbitration decision regarding
equipment levels if such |
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| |||||||
1 | decision is based on a finding that the equipment
| ||||||
2 | considerations in a specific work assignment involve a serious | ||||||
3 | risk to the
safety of a fire fighter beyond that which is | ||||||
4 | inherent in the normal
performance of fire fighter duties. | ||||||
5 | Limitation of the terms of the
arbitration decision pursuant to | ||||||
6 | this subsection shall not be construed to
limit the facts upon | ||||||
7 | which the decision may be based, as set forth in
subsection | ||||||
8 | (h).
| ||||||
9 | The changes to this subsection (i) made by Public Act | ||||||
10 | 90-385 (relating to residency requirements) do not
apply to | ||||||
11 | persons who are employed by a combined department that performs | ||||||
12 | both
police and firefighting services; these persons shall be | ||||||
13 | governed by the
provisions of this subsection (i) relating to | ||||||
14 | peace officers, as they existed
before the amendment by Public | ||||||
15 | Act 90-385.
| ||||||
16 | To preserve historical bargaining rights, this subsection | ||||||
17 | shall not apply
to any provision of a fire fighter collective | ||||||
18 | bargaining agreement in effect
and applicable on the effective | ||||||
19 | date of this Act; provided, however, nothing
herein shall | ||||||
20 | preclude arbitration with respect to any such provision.
| ||||||
21 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
22 | by the
filing of a letter requesting mediation as required | ||||||
23 | under subsection (a)
of this Section. The commencement of a new | ||||||
24 | municipal fiscal year after the
initiation of arbitration | ||||||
25 | procedures under this Act, but before the
arbitration decision, | ||||||
26 | or its enforcement, shall not be deemed to render a
dispute |
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| |||||||
1 | moot, or to otherwise impair the jurisdiction or authority of | ||||||
2 | the
arbitration panel or its decision. Increases in rates
of | ||||||
3 | compensation awarded by the arbitration panel may be effective | ||||||
4 | only at
the start of the fiscal year next commencing after the | ||||||
5 | date of the arbitration
award. If a new fiscal year has | ||||||
6 | commenced either since the initiation of
arbitration | ||||||
7 | procedures under this Act or since any mutually agreed
| ||||||
8 | extension of the statutorily required period of mediation
under | ||||||
9 | this Act by the parties to the labor dispute causing a
delay in | ||||||
10 | the initiation of arbitration, the foregoing limitations shall | ||||||
11 | be
inapplicable, and such awarded increases may be retroactive | ||||||
12 | to the
commencement of the fiscal year, any other statute or | ||||||
13 | charter provisions to
the contrary, notwithstanding. At any | ||||||
14 | time the parties, by stipulation, may
amend or modify an award | ||||||
15 | of arbitration.
| ||||||
16 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
17 | upon
appropriate petition by either the public employer or the | ||||||
18 | exclusive
bargaining representative, by the circuit court for | ||||||
19 | the county in which the
dispute arose or in which a majority of | ||||||
20 | the affected employees reside, but
only for reasons that the | ||||||
21 | arbitration panel was without or exceeded its
statutory | ||||||
22 | authority; the order is arbitrary, or capricious; or the order
| ||||||
23 | was procured by fraud, collusion or other similar and unlawful | ||||||
24 | means. Such
petitions for review must be filed with the | ||||||
25 | appropriate circuit court
within 90 days following the issuance | ||||||
26 | of the arbitration order. The
pendency of such proceeding for |
| |||||||
| |||||||
1 | review shall not automatically stay the
order of the | ||||||
2 | arbitration panel. The party against whom the final decision
of | ||||||
3 | any such court shall be adverse, if such court finds such | ||||||
4 | appeal or
petition to be frivolous, shall pay reasonable | ||||||
5 | attorneys' fees and costs to
the successful party as determined | ||||||
6 | by said court in its discretion. If said
court's decision | ||||||
7 | affirms the award of money, such award, if retroactive,
shall | ||||||
8 | bear interest at the rate of 12 percent per annum from the | ||||||
9 | effective
retroactive date.
| ||||||
10 | (l) During the pendency of proceedings before the | ||||||
11 | arbitration panel,
existing wages, hours, and other conditions | ||||||
12 | of employment shall not be
changed by action of either party | ||||||
13 | without the consent of the other but a
party may so consent | ||||||
14 | without prejudice to his rights or position under
this Act. The | ||||||
15 | proceedings are deemed to be pending before the arbitration
| ||||||
16 | panel upon the initiation of arbitration procedures under this | ||||||
17 | Act.
| ||||||
18 | (m) Security officers of public employers, and Peace | ||||||
19 | Officers, Fire
Fighters and fire department and fire protection | ||||||
20 | district paramedics,
covered by this Section may not withhold | ||||||
21 | services, nor may public employers
lock out or prevent such | ||||||
22 | employees from performing services at any time.
| ||||||
23 | (n) All of the terms decided upon by the arbitration panel | ||||||
24 | shall be included
in an agreement to be submitted to the public | ||||||
25 | employer's governing body
for ratification and adoption by law, | ||||||
26 | ordinance or the equivalent
appropriate means.
|
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| |||||||
1 | The governing body shall review each term decided by the | ||||||
2 | arbitration panel.
If the governing body fails to reject one or | ||||||
3 | more terms of the
arbitration panel's decision by a 3/5 vote of | ||||||
4 | those duly elected and
qualified members of the governing body, | ||||||
5 | within 20 days of issuance, or
in the case of firefighters | ||||||
6 | employed by a state university, at the next
regularly scheduled | ||||||
7 | meeting of the governing body after issuance, such
term or | ||||||
8 | terms shall become a part of the collective bargaining | ||||||
9 | agreement of
the parties. If the governing body affirmatively | ||||||
10 | rejects one or more terms
of the arbitration panel's decision, | ||||||
11 | it must provide reasons for such
rejection with respect to each | ||||||
12 | term so rejected, within 20 days of such
rejection and the | ||||||
13 | parties shall return to the arbitration panel
for further | ||||||
14 | proceedings and issuance of a supplemental decision with | ||||||
15 | respect
to the rejected terms. Any supplemental decision by an | ||||||
16 | arbitration panel
or other decision maker agreed to by the | ||||||
17 | parties shall be submitted to
the governing body for | ||||||
18 | ratification and adoption in accordance with the
procedures and | ||||||
19 | voting requirements set forth in this Section.
The voting | ||||||
20 | requirements of this subsection shall apply to all disputes
| ||||||
21 | submitted to arbitration pursuant to this Section | ||||||
22 | notwithstanding any
contrary voting requirements contained in | ||||||
23 | any existing collective
bargaining agreement between the | ||||||
24 | parties.
| ||||||
25 | (o) If the governing body of the employer votes to reject | ||||||
26 | the panel's
decision, the parties shall return to the panel |
| |||||||
| |||||||
1 | within 30 days from the
issuance of the reasons for rejection | ||||||
2 | for further proceedings and issuance
of a supplemental | ||||||
3 | decision. All reasonable costs of such supplemental
proceeding | ||||||
4 | including the exclusive representative's reasonable attorney's
| ||||||
5 | fees, as established by the Board, shall be paid by the | ||||||
6 | employer.
| ||||||
7 | (p) Notwithstanding the provisions of this Section the | ||||||
8 | employer and
exclusive representative may agree to submit | ||||||
9 | unresolved disputes concerning
wages, hours, terms and | ||||||
10 | conditions of employment to an alternative form of
impasse | ||||||
11 | resolution.
| ||||||
12 | (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; | ||||||
13 | 90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)
|