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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,
| ||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Public Labor Relations Act is | ||||||||||||||||||||||||||||||||
5 | amended by changing Sections 5, 9, and 14 as follows:
| ||||||||||||||||||||||||||||||||
6 | (5 ILCS 315/5) (from Ch. 48, par. 1605)
| ||||||||||||||||||||||||||||||||
7 | Sec. 5. Illinois Labor Relations Board; State Panel; Local | ||||||||||||||||||||||||||||||||
8 | Panel.
| ||||||||||||||||||||||||||||||||
9 | (a) There is created the Illinois Labor Relations Board. | ||||||||||||||||||||||||||||||||
10 | The Board shall
be comprised of 2 panels, to be known as the | ||||||||||||||||||||||||||||||||
11 | State Panel and the Local Panel.
| ||||||||||||||||||||||||||||||||
12 | (a-5) The State Panel shall have jurisdiction over | ||||||||||||||||||||||||||||||||
13 | collective bargaining
matters between employee organizations | ||||||||||||||||||||||||||||||||
14 | and the State of Illinois, excluding the
General Assembly of | ||||||||||||||||||||||||||||||||
15 | the State of Illinois, between employee organizations and
units | ||||||||||||||||||||||||||||||||
16 | of local government and school districts with a population not | ||||||||||||||||||||||||||||||||
17 | in excess
of 2 million persons, and between employee | ||||||||||||||||||||||||||||||||
18 | organizations and the Regional
Transportation Authority.
| ||||||||||||||||||||||||||||||||
19 | The State Panel shall consist of 5 members appointed by the | ||||||||||||||||||||||||||||||||
20 | Governor, with
the advice and consent of the Senate. The | ||||||||||||||||||||||||||||||||
21 | Governor shall appoint to the State
Panel only persons who have | ||||||||||||||||||||||||||||||||
22 | had a minimum of 5 years of experience directly
related to | ||||||||||||||||||||||||||||||||
23 | labor and employment relations in representing public |
| |||||||
| |||||||
1 | employers,
private employers or labor organizations; or | ||||||
2 | teaching labor or employment
relations; or administering | ||||||
3 | executive orders or regulations applicable to labor
or | ||||||
4 | employment relations. At the time of his or her appointment, | ||||||
5 | each member of
the State Panel shall be an Illinois resident. | ||||||
6 | The Governor shall designate
one member to serve as the | ||||||
7 | Chairman of the State Panel and the Board.
| ||||||
8 | Notwithstanding any other provision of this Section, the | ||||||
9 | term of each
member of the State Panel who was appointed by the | ||||||
10 | Governor and is in office
on June 30, 2003 shall terminate at | ||||||
11 | the close of business on that date or when
all of the successor | ||||||
12 | members to be appointed pursuant to this amendatory Act
of the | ||||||
13 | 93rd General Assembly have been appointed by the Governor, | ||||||
14 | whichever
occurs later. As soon as possible, the Governor shall | ||||||
15 | appoint persons to
fill the vacancies created by this | ||||||
16 | amendatory Act.
| ||||||
17 | The initial appointments under this amendatory Act of the | ||||||
18 | 93rd
General Assembly shall be for terms as follows: The | ||||||
19 | Chairman shall initially
be appointed for a term ending on the | ||||||
20 | 4th Monday in January, 2007;
2 members shall be initially | ||||||
21 | appointed for terms ending on the 4th Monday in
January, 2006; | ||||||
22 | one member shall be initially appointed for a term
ending on | ||||||
23 | the 4th Monday in January, 2005; and one member shall be
| ||||||
24 | initially appointed for a term ending on the 4th Monday in | ||||||
25 | January, 2004. Each
subsequent member shall be appointed for a | ||||||
26 | term of 4 years, commencing on the
4th Monday in January. Upon |
| |||||||
| |||||||
1 | expiration of the term of office of any appointive
member, that | ||||||
2 | member shall continue to serve until a successor shall be
| ||||||
3 | appointed and qualified. In case of a vacancy, a successor | ||||||
4 | shall be appointed
to serve for the unexpired portion of the | ||||||
5 | term. If the Senate is not in
session at the time the initial | ||||||
6 | appointments are made, the Governor
shall make temporary | ||||||
7 | appointments in the same manner successors are appointed
to | ||||||
8 | fill vacancies. A temporary appointment shall remain in effect | ||||||
9 | no longer
than 20 calendar days after the commencement of the | ||||||
10 | next Senate session.
| ||||||
11 | (b) The Local Panel shall have jurisdiction over collective | ||||||
12 | bargaining
agreement matters between employee organizations | ||||||
13 | and units of local government
with a population in excess of 2 | ||||||
14 | million persons, but excluding the Regional
Transportation | ||||||
15 | Authority.
| ||||||
16 | The Local Panel shall consist of one person appointed by | ||||||
17 | the Governor with
the advice and consent of the Senate (or, if | ||||||
18 | no such person is appointed, the
Chairman of the State Panel) | ||||||
19 | and two additional members, one appointed by the
Mayor of the | ||||||
20 | City of Chicago and one appointed by the President of the Cook
| ||||||
21 | County Board of Commissioners. Appointees to the Local Panel | ||||||
22 | must have had a
minimum of 5 years of experience directly | ||||||
23 | related to labor and employment
relations in representing | ||||||
24 | public employers, private employers or labor
organizations; or | ||||||
25 | teaching labor or employment relations; or administering
| ||||||
26 | executive orders or regulations applicable to labor or |
| |||||||
| |||||||
1 | employment relations.
Each member of the Local Panel shall be | ||||||
2 | an Illinois resident at the time of
his or her appointment. The | ||||||
3 | member appointed by the Governor (or, if no such
person is | ||||||
4 | appointed, the Chairman of the State Panel) shall serve as the
| ||||||
5 | Chairman of the Local Panel.
| ||||||
6 | Notwithstanding any other provision of this Section, the | ||||||
7 | term of the
member of the Local Panel who was appointed by the | ||||||
8 | Governor and is in office
on June 30, 2003 shall terminate at | ||||||
9 | the close of business on that date or when
his or her successor | ||||||
10 | has been appointed by the Governor, whichever occurs
later. As | ||||||
11 | soon as possible, the Governor shall appoint a person to fill | ||||||
12 | the
vacancy created by this amendatory Act. The initial | ||||||
13 | appointment under this
amendatory Act of the 93rd General | ||||||
14 | Assembly shall be for a term ending on the
4th Monday in | ||||||
15 | January, 2007.
| ||||||
16 | The initial appointments under this amendatory Act of the | ||||||
17 | 91st General
Assembly shall be for terms as follows: The member | ||||||
18 | appointed by the Governor
shall initially be appointed for a | ||||||
19 | term ending on the 4th Monday in January,
2001; the member | ||||||
20 | appointed by the President of the Cook County Board shall be
| ||||||
21 | initially appointed for a term ending on the 4th Monday in | ||||||
22 | January, 2003; and
the member appointed by the Mayor of the | ||||||
23 | City of Chicago shall be initially
appointed for a term ending | ||||||
24 | on the 4th Monday in January, 2004. Each
subsequent member | ||||||
25 | shall be appointed for a term of 4 years, commencing
on the 4th | ||||||
26 | Monday in January. Upon expiration of the term of office of any
|
| |||||||
| |||||||
1 | appointive member, the member shall continue to serve until a | ||||||
2 | successor shall
be appointed and qualified. In the case of a | ||||||
3 | vacancy, a successor shall be
appointed by the applicable | ||||||
4 | appointive authority to serve for the unexpired
portion of the | ||||||
5 | term.
| ||||||
6 | (c) Three members of the State Panel shall at all times | ||||||
7 | constitute
a quorum. Two members of the Local Panel shall at | ||||||
8 | all times constitute a
quorum. A vacancy on a panel does not | ||||||
9 | impair the right of the remaining
members to exercise all of | ||||||
10 | the powers of that panel. Each panel shall adopt an
official | ||||||
11 | seal which shall be judicially noticed. The salary of the | ||||||
12 | Chairman of
the State Panel shall be $82,429 per year, or as | ||||||
13 | set by the Compensation Review
Board, whichever is greater, and | ||||||
14 | that of the other members of the State and
Local Panels shall | ||||||
15 | be $74,188 per year, or as set by the Compensation Review
| ||||||
16 | Board, whichever is greater.
| ||||||
17 | (d) Each member shall devote his or her entire time to the | ||||||
18 | duties of
the office, and shall hold no other office or | ||||||
19 | position of profit, nor engage
in any other business, | ||||||
20 | employment, or vocation.
No member shall hold any other public | ||||||
21 | office or be employed as a labor
or management representative | ||||||
22 | by the State or any political subdivision of
the State or of | ||||||
23 | any department or agency thereof, or actively represent or act
| ||||||
24 | on behalf of an employer or an employee organization or an | ||||||
25 | employer in labor
relations matters. Any member of the State | ||||||
26 | Panel may be removed
from office by the Governor for |
| |||||||
| |||||||
1 | inefficiency,
neglect of duty, misconduct or malfeasance in | ||||||
2 | office, and for no other cause,
and only upon notice and | ||||||
3 | hearing. Any member of the Local Panel
may be removed from | ||||||
4 | office by the applicable appointive authority for
| ||||||
5 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
6 | office, and for no
other cause, and only upon notice and | ||||||
7 | hearing.
| ||||||
8 | (e) Each panel at the end of every State fiscal
year shall | ||||||
9 | make a report in writing to the Governor and the General | ||||||
10 | Assembly,
stating in detail the work it has done in hearing and | ||||||
11 | deciding cases and
otherwise.
| ||||||
12 | (f) In order to accomplish the objectives and carry out the | ||||||
13 | duties
prescribed by this Act, a panel or its
authorized | ||||||
14 | designees may hold elections to determine whether a labor
| ||||||
15 | organization has majority status; investigate and attempt to | ||||||
16 | resolve or settle
charges of unfair labor practices; hold | ||||||
17 | hearings in order to carry out its
functions; develop and | ||||||
18 | effectuate appropriate impasse resolution procedures for
| ||||||
19 | purposes of resolving labor disputes; require the appearance of | ||||||
20 | witnesses and
the production of evidence on any matter under | ||||||
21 | inquiry; and administer oaths
and affirmations. The panels | ||||||
22 | shall sign and report in
full an opinion in every case which | ||||||
23 | they decide.
| ||||||
24 | (g) Each panel may appoint or employ an executive
director, | ||||||
25 | attorneys, hearing officers, mediators, fact-finders, | ||||||
26 | arbitrators,
and such other employees as it may deem necessary |
| |||||||
| |||||||
1 | to perform
its functions. The governing boards shall prescribe | ||||||
2 | the duties
and qualifications of such persons appointed and, | ||||||
3 | subject to the annual
appropriation, fix their compensation and | ||||||
4 | provide for reimbursement of actual
and necessary expenses | ||||||
5 | incurred in the performance of their duties. The Board shall | ||||||
6 | employ a minimum of 16 attorneys and 6 investigators.
| ||||||
7 | (h) Each panel shall exercise general supervision
over all | ||||||
8 | attorneys which it employs and over the other persons employed | ||||||
9 | to
provide necessary support services for such attorneys. The | ||||||
10 | panels shall have final authority in respect to complaints
| ||||||
11 | brought pursuant to this Act.
| ||||||
12 | (i) The following rules and regulations shall be adopted by | ||||||
13 | the panels meeting in joint session: (1) procedural rules and
| ||||||
14 | regulations which shall govern all Board proceedings; (2) | ||||||
15 | procedures for
election of exclusive bargaining | ||||||
16 | representatives pursuant to Section 9, except
for the | ||||||
17 | determination of appropriate bargaining units; and (3) | ||||||
18 | appointment
of counsel pursuant to subsection (k) of this | ||||||
19 | Section.
| ||||||
20 | (j) Rules and regulations may be adopted, amended or | ||||||
21 | rescinded only
upon a vote of 5 of the members of the State and | ||||||
22 | Local Panels meeting
in joint session. The adoption,
amendment | ||||||
23 | or rescission of rules and regulations shall be in conformity | ||||||
24 | with
the requirements of the Illinois Administrative Procedure | ||||||
25 | Act.
| ||||||
26 | (k) The panels in joint session shall promulgate
rules and |
| |||||||
| |||||||
1 | regulations providing for the appointment of attorneys or other | ||||||
2 | Board
representatives to represent persons in unfair labor | ||||||
3 | practice proceedings
before a panel. The regulations governing | ||||||
4 | appointment
shall require the applicant to demonstrate an | ||||||
5 | inability to pay for or inability
to otherwise provide for | ||||||
6 | adequate representation before a panel. Such rules
must also | ||||||
7 | provide: (1) that an attorney may not be
appointed in cases | ||||||
8 | which, in the opinion of a panel, are clearly
without merit; | ||||||
9 | (2) the stage of the unfair labor proceeding at which counsel
| ||||||
10 | will be appointed; and (3) the circumstances under which a | ||||||
11 | client will be
allowed to select counsel.
| ||||||
12 | (1) The panels in joint session may promulgate
rules and | ||||||
13 | regulations which allow parties in proceedings before a panel | ||||||
14 | to be represented by counsel or any other representative
of the | ||||||
15 | party's choice.
| ||||||
16 | (m) The Chairman of the State Panel shall serve
as Chairman | ||||||
17 | of a joint session of the panels.
Attendance of at least 2 | ||||||
18 | members of the State Panel and at least one
member of the Local | ||||||
19 | Panel, in addition to
the Chairman, shall constitute a quorum | ||||||
20 | at a joint session. The panels shall
meet in joint session at | ||||||
21 | least annually.
| ||||||
22 | (Source: P.A. 93-509, eff. 8-11-03.)
| ||||||
23 | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| ||||||
24 | Sec. 9. Elections; recognition.
| ||||||
25 | (a) Whenever in accordance with such
regulations as may be |
| |||||||
| |||||||
1 | prescribed by the Board a petition has been filed:
| ||||||
2 | (1) by a public employee or group of public employees | ||||||
3 | or any labor
organization acting in their behalf | ||||||
4 | demonstrating that 30% of the public
employees in an | ||||||
5 | appropriate unit (A) wish to be represented for the
| ||||||
6 | purposes of collective bargaining by a labor organization | ||||||
7 | as exclusive
representative, or (B) asserting that the | ||||||
8 | labor organization which has been
certified or is currently | ||||||
9 | recognized by the public employer as bargaining
| ||||||
10 | representative is no longer the representative of the | ||||||
11 | majority of public
employees in the unit; or
| ||||||
12 | (2) by a public employer alleging that one or more | ||||||
13 | labor organizations
have presented to it a claim that they | ||||||
14 | be recognized as the representative
of a majority of the | ||||||
15 | public employees in an appropriate unit,
| ||||||
16 | the Board
shall investigate such petition, and if it has | ||||||
17 | reasonable cause to believe
that a question of representation | ||||||
18 | exists, shall provide for an appropriate
hearing upon due | ||||||
19 | notice. Such hearing shall be held at the offices of
the Board | ||||||
20 | or such other location as the Board deems appropriate.
If it | ||||||
21 | finds upon the record of the hearing that a question of
| ||||||
22 | representation exists, it shall direct an election in | ||||||
23 | accordance with
subsection (d) of this Section, which election | ||||||
24 | shall be held not later than
120 days after the date the | ||||||
25 | petition was filed regardless of whether that
petition was | ||||||
26 | filed before or after the effective date of this amendatory
Act |
| |||||||
| |||||||
1 | of 1987; provided, however, the Board may extend the time for | ||||||
2 | holding an
election by an additional 60 days if, upon motion by | ||||||
3 | a person who has filed
a petition under this Section or is the | ||||||
4 | subject of a petition filed under
this Section and is a party | ||||||
5 | to such hearing, or upon the Board's own
motion, the Board | ||||||
6 | finds that good cause has been shown for extending the
election | ||||||
7 | date; provided further, that nothing in this Section shall | ||||||
8 | prohibit
the Board, in its discretion, from extending the time | ||||||
9 | for holding an
election for so long as may be necessary under | ||||||
10 | the circumstances, where the
purpose for such extension is to | ||||||
11 | permit resolution by the Board of an
unfair labor practice | ||||||
12 | charge filed by one of the parties to a
representational | ||||||
13 | proceeding against the other based upon conduct which may
| ||||||
14 | either affect the existence of a question concerning | ||||||
15 | representation or have
a tendency to interfere with a fair and | ||||||
16 | free election, where the party
filing the charge has not filed | ||||||
17 | a request to proceed with the election; and
provided further | ||||||
18 | that prior to the expiration of the total time allotted
for | ||||||
19 | holding an election, a person who has filed a petition under | ||||||
20 | this
Section or is the subject of a petition filed under this | ||||||
21 | Section and is a
party to such hearing or the Board, may move | ||||||
22 | for and obtain the entry
of an order in the circuit court of | ||||||
23 | the county in which the majority of the
public employees sought | ||||||
24 | to be represented by such person reside, such order
extending | ||||||
25 | the date upon which the election shall be held. Such order | ||||||
26 | shall
be issued by the circuit court only upon a judicial |
| |||||||
| |||||||
1 | finding that there has
been a sufficient showing that there is | ||||||
2 | good cause to extend the election
date beyond such period and | ||||||
3 | shall require the Board to hold the
election as soon as is | ||||||
4 | feasible given the totality of the circumstances.
Such 120 day | ||||||
5 | period may be extended one or more times by the agreement
of | ||||||
6 | all parties to the hearing to a date certain without the | ||||||
7 | necessity of
obtaining a court order. Nothing in this Section | ||||||
8 | prohibits the waiving
of hearings by stipulation for the | ||||||
9 | purpose of a consent election in conformity
with the rules and | ||||||
10 | regulations of the Board or an election in a unit agreed
upon | ||||||
11 | by the parties. Other interested employee organizations may | ||||||
12 | intervene
in the proceedings in the manner and within the time | ||||||
13 | period specified by
rules and regulations of the Board. | ||||||
14 | Interested parties who are necessary
to the proceedings may | ||||||
15 | also intervene in the proceedings in the manner and
within the | ||||||
16 | time period specified by the rules and regulations of the | ||||||
17 | Board.
| ||||||
18 | (a-5) The Board shall designate an exclusive | ||||||
19 | representative for purposes
of
collective bargaining when the | ||||||
20 | representative demonstrates a showing of
majority interest by | ||||||
21 | employees in the unit. If the parties to a dispute are
without
| ||||||
22 | agreement on the means to ascertain the choice, if any, of | ||||||
23 | employee
organization
as their representative, the Board shall | ||||||
24 | ascertain the employees' choice of
employee organization, on | ||||||
25 | the basis of dues deduction authorization or and other
| ||||||
26 | evidence, or, if necessary, by conducting an election. All |
| |||||||
| |||||||
1 | evidence submitted by an employee organization to the Board to | ||||||
2 | ascertain an employee's choice of an employee organization is | ||||||
3 | confidential and shall not be submitted to the employer for | ||||||
4 | review. The Board shall ascertain the employee's choice of | ||||||
5 | employee organization within 120 days after the filing of the | ||||||
6 | majority interest petition; however, the Board may extend time | ||||||
7 | by an additional 60 days, upon its own motion or upon the | ||||||
8 | motion of a party to the proceeding. If either party provides
| ||||||
9 | to the Board, before the designation of a representative, clear | ||||||
10 | and convincing
evidence that the dues deduction | ||||||
11 | authorizations, and other evidence upon which
the Board would | ||||||
12 | otherwise rely to ascertain the employees' choice of
| ||||||
13 | representative, are fraudulent or were obtained through | ||||||
14 | coercion, the Board
shall promptly thereafter conduct an | ||||||
15 | election. The Board shall also investigate
and consider a | ||||||
16 | party's allegations that the dues deduction authorizations and
| ||||||
17 | other evidence submitted in support of a designation of | ||||||
18 | representative without
an election were subsequently changed, | ||||||
19 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
20 | coercion, or any other unfair labor practice by the
employer. | ||||||
21 | If the Board determines that a labor organization would have | ||||||
22 | had a
majority interest but for an employer's fraud, coercion, | ||||||
23 | or unfair labor
practice, it shall designate the labor | ||||||
24 | organization as an exclusive
representative without conducting | ||||||
25 | an
election. If a hearing is necessary to resolve any issues of | ||||||
26 | representation under this Section, the Board shall conclude its |
| |||||||
| |||||||
1 | hearing process and issue a certification of the entire | ||||||
2 | appropriate unit not later than 120 days after the date the | ||||||
3 | petition was filed. The 120-day period may be extended one or | ||||||
4 | more times by the agreement of all parties to a hearing to a | ||||||
5 | date certain.
| ||||||
6 | (a-6) A labor organization or an employer may file a unit | ||||||
7 | clarification petition seeking to clarify an existing | ||||||
8 | bargaining unit. The Board shall conclude its investigation, | ||||||
9 | including any hearing process deemed necessary, and issue a | ||||||
10 | certification of clarified unit or dismiss the petition not | ||||||
11 | later than 120 days after the date the petition was filed. The | ||||||
12 | 120-day period may be extended one or more times by the | ||||||
13 | agreement of all parties to a hearing to a date certain. | ||||||
14 | (b) The Board shall decide in each case, in order to assure | ||||||
15 | public employees
the fullest freedom in exercising the rights | ||||||
16 | guaranteed by this Act, a unit
appropriate for the purpose of | ||||||
17 | collective bargaining, based upon but not
limited to such | ||||||
18 | factors as: historical pattern of recognition; community
of | ||||||
19 | interest including employee skills and functions; degree of | ||||||
20 | functional
integration; interchangeability and contact among | ||||||
21 | employees; fragmentation
of employee groups; common | ||||||
22 | supervision, wages, hours and other working
conditions of the | ||||||
23 | employees involved; and the desires of the employees.
For | ||||||
24 | purposes of this subsection, fragmentation shall not be the | ||||||
25 | sole or
predominant factor used by the Board in determining an | ||||||
26 | appropriate
bargaining unit. Except with respect to non-State |
| |||||||
| |||||||
1 | fire fighters and
paramedics employed by fire departments and | ||||||
2 | fire protection districts,
non-State peace officers and peace | ||||||
3 | officers in the State
Department of State Police, a single | ||||||
4 | bargaining unit determined by the
Board may not include both | ||||||
5 | supervisors and nonsupervisors, except for
bargaining units in | ||||||
6 | existence on the effective date of this Act. With
respect to | ||||||
7 | non-State fire fighters and paramedics employed by fire
| ||||||
8 | departments and fire protection districts, non-State peace | ||||||
9 | officers and
peace officers in the State Department of State | ||||||
10 | Police, a single bargaining
unit determined by the Board may | ||||||
11 | not include both supervisors and
nonsupervisors, except for | ||||||
12 | bargaining units in existence on the effective
date of this | ||||||
13 | amendatory Act of 1985.
| ||||||
14 | In cases involving an historical pattern of recognition, | ||||||
15 | and in cases where
the employer has recognized the union as the | ||||||
16 | sole and exclusive bargaining
agent for a specified existing | ||||||
17 | unit, the Board shall find the employees
in the unit then | ||||||
18 | represented by the union pursuant to the recognition to
be the | ||||||
19 | appropriate unit.
| ||||||
20 | Notwithstanding the above factors, where the majority of | ||||||
21 | public employees
of a craft so decide, the Board shall | ||||||
22 | designate such craft as a unit
appropriate for the purposes of | ||||||
23 | collective bargaining.
| ||||||
24 | The Board shall not decide that any unit is appropriate if | ||||||
25 | such unit
includes both professional and nonprofessional | ||||||
26 | employees, unless a majority
of each group votes for inclusion |
| |||||||
| |||||||
1 | in such unit.
| ||||||
2 | (c) Nothing in this Act shall interfere with or negate the | ||||||
3 | current
representation rights or patterns and practices of | ||||||
4 | labor organizations
which have historically represented public | ||||||
5 | employees for the purpose of
collective bargaining, including | ||||||
6 | but not limited to the negotiations of
wages, hours and working | ||||||
7 | conditions, discussions of employees' grievances,
resolution | ||||||
8 | of jurisdictional disputes, or the establishment and | ||||||
9 | maintenance
of prevailing wage rates, unless a majority of | ||||||
10 | employees so represented
express a contrary desire pursuant to | ||||||
11 | the procedures set forth in this Act.
| ||||||
12 | (d) In instances where the employer does not voluntarily | ||||||
13 | recognize a labor
organization as the exclusive bargaining | ||||||
14 | representative for a unit of
employees, the Board shall | ||||||
15 | determine the majority representative of the
public employees | ||||||
16 | in an appropriate collective bargaining unit by conducting
a | ||||||
17 | secret ballot election, except as otherwise provided in | ||||||
18 | subsection (a-5).
Within 7 days after the Board issues its
| ||||||
19 | bargaining unit determination and direction of election or the | ||||||
20 | execution of
a stipulation for the purpose of a consent | ||||||
21 | election, the public employer
shall submit to the labor | ||||||
22 | organization the complete names and addresses of
those | ||||||
23 | employees who are determined by the Board to be eligible to
| ||||||
24 | participate in the election. When the Board has determined that | ||||||
25 | a labor
organization has been fairly and freely chosen by a | ||||||
26 | majority of employees
in an appropriate unit, it shall certify |
| |||||||
| |||||||
1 | such organization as the exclusive
representative. If the Board | ||||||
2 | determines that a majority of employees in an
appropriate unit | ||||||
3 | has fairly and freely chosen not to be represented by a
labor | ||||||
4 | organization, it shall so certify. The Board may also revoke | ||||||
5 | the
certification of the public employee organizations as | ||||||
6 | exclusive bargaining
representatives which have been found by a | ||||||
7 | secret ballot election to be no
longer the majority | ||||||
8 | representative.
| ||||||
9 | (e) The Board shall not conduct an election in any | ||||||
10 | bargaining unit or
any subdivision thereof within which a valid | ||||||
11 | election has been held in the
preceding 12-month period. The | ||||||
12 | Board shall determine who is eligible to
vote in an election | ||||||
13 | and shall establish rules governing the conduct of the
election | ||||||
14 | or conduct affecting the results of the election. The Board | ||||||
15 | shall
include on a ballot in a representation election a choice | ||||||
16 | of "no
representation". A labor organization currently | ||||||
17 | representing the bargaining
unit of employees shall be placed | ||||||
18 | on the ballot in any representation
election. In any election | ||||||
19 | where none of the choices on the ballot receives
a majority, a | ||||||
20 | runoff election shall be conducted between the 2 choices
| ||||||
21 | receiving the largest number of valid votes cast in the | ||||||
22 | election. A labor
organization which receives a majority of the | ||||||
23 | votes cast in an election
shall be certified by the Board as | ||||||
24 | exclusive representative of all public
employees in the unit.
| ||||||
25 | (f) A labor
organization shall be designated as the | ||||||
26 | exclusive representative by a
public employer, provided that |
| |||||||
| |||||||
1 | the labor
organization represents a majority of the public | ||||||
2 | employees in an
appropriate unit. Any employee organization | ||||||
3 | which is designated or selected
by the majority of public | ||||||
4 | employees, in a unit of the public employer
having no other | ||||||
5 | recognized or certified representative, as their
| ||||||
6 | representative for purposes of collective bargaining may | ||||||
7 | request
recognition by the public employer in writing. The | ||||||
8 | public employer shall
post such request for a period of at | ||||||
9 | least 20 days following its receipt
thereof on bulletin boards | ||||||
10 | or other places used or reserved for employee
notices.
| ||||||
11 | (g) Within the 20-day period any other interested employee | ||||||
12 | organization
may petition the Board in the manner specified by | ||||||
13 | rules and regulations
of the Board, provided that such | ||||||
14 | interested employee organization has been
designated by at | ||||||
15 | least 10% of the employees in an appropriate bargaining
unit | ||||||
16 | which includes all or some of the employees in the unit | ||||||
17 | recognized
by the employer. In such event, the Board shall | ||||||
18 | proceed with the petition
in the same manner as provided by | ||||||
19 | paragraph (1) of subsection (a) of this
Section.
| ||||||
20 | (h) No election shall be directed by the Board in any | ||||||
21 | bargaining unit
where there is in force a valid collective | ||||||
22 | bargaining agreement. The Board,
however, may process an | ||||||
23 | election petition filed between 90 and 60 days prior
to the | ||||||
24 | expiration of the date of an agreement, and may further refine, | ||||||
25 | by
rule or decision, the implementation of this provision.
| ||||||
26 | Where more than 4 years have elapsed since the effective date |
| |||||||
| |||||||
1 | of the agreement,
the agreement shall continue to bar an | ||||||
2 | election, except that the Board may
process an election | ||||||
3 | petition filed between 90 and 60 days prior to the end of
the | ||||||
4 | fifth year of such an agreement, and between 90 and 60 days | ||||||
5 | prior to the
end of each successive year of such agreement.
| ||||||
6 | (i) An order of the Board dismissing a representation | ||||||
7 | petition,
determining and certifying that a labor organization | ||||||
8 | has been fairly and
freely chosen by a majority of employees in | ||||||
9 | an appropriate bargaining unit,
determining and certifying | ||||||
10 | that a labor organization has not been fairly
and freely chosen | ||||||
11 | by a majority of employees in the bargaining unit or
certifying | ||||||
12 | a labor organization as the exclusive representative of
| ||||||
13 | employees in an appropriate bargaining unit because of a | ||||||
14 | determination by
the Board that the labor organization is the | ||||||
15 | historical bargaining
representative of employees in the | ||||||
16 | bargaining unit, is a final order. Any
person aggrieved by any | ||||||
17 | such order issued on or after the effective date of
this | ||||||
18 | amendatory Act of 1987 may apply for and obtain judicial review | ||||||
19 | in
accordance with provisions of the Administrative Review Law, | ||||||
20 | as now or
hereafter amended, except that such review shall be | ||||||
21 | afforded directly in
the Appellate Court for the district in | ||||||
22 | which the aggrieved party resides
or transacts business.
Any | ||||||
23 | direct appeal to the Appellate Court shall be filed within 35 | ||||||
24 | days from
the date that a copy of the decision sought to be | ||||||
25 | reviewed was served upon the
party affected by the decision.
| ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| ||||||
2 | Sec. 14. Security Employee, Peace Officer and Fire Fighter | ||||||
3 | Disputes.
| ||||||
4 | (a) In the case of collective bargaining agreements | ||||||
5 | involving units of
security employees of a public employer, | ||||||
6 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
7 | and in the case of disputes under Section 18,
unless the | ||||||
8 | parties mutually agree to some other time limit, mediation
| ||||||
9 | shall commence 30 days prior to the expiration date of such | ||||||
10 | agreement or
at such later time as the mediation services | ||||||
11 | chosen under subsection (b) of
Section 12 can be provided to | ||||||
12 | the parties. In the case of negotiations
for an initial | ||||||
13 | collective bargaining agreement, mediation shall commence
upon | ||||||
14 | 15 days notice from either party or at such later time as the
| ||||||
15 | mediation services chosen pursuant to subsection (b) of Section | ||||||
16 | 12 can be
provided to the parties. In mediation under this | ||||||
17 | Section, if either party
requests the use of mediation services | ||||||
18 | from the Federal Mediation and
Conciliation Service, the other | ||||||
19 | party shall either join in such request or
bear the additional | ||||||
20 | cost of mediation services from another source. The
mediator | ||||||
21 | shall have a duty to keep the Board informed on the progress of
| ||||||
22 | the mediation. If any dispute has not been resolved within 15 | ||||||
23 | days after
the first meeting of the parties and the mediator, | ||||||
24 | or within such other
time limit as may be mutually agreed upon | ||||||
25 | by the parties, either the
exclusive representative or employer |
| |||||||
| |||||||
1 | may request of the other, in writing,
arbitration, and shall | ||||||
2 | submit a copy of the request to the Board.
| ||||||
3 | (b) Within 10 days after such a request for arbitration has | ||||||
4 | been
made, the employer shall choose a delegate and
the | ||||||
5 | employees' exclusive representative shall choose a delegate to | ||||||
6 | a panel
of arbitration as provided in this Section. The | ||||||
7 | employer and employees
shall forthwith advise the other and the | ||||||
8 | Board of their selections.
| ||||||
9 | (c) Within 7 days after the request of either party, the | ||||||
10 | parties shall request a panel of impartial arbitrators from | ||||||
11 | which they shall select the neutral chairman according to the | ||||||
12 | procedures provided in this Section. If the parties have agreed | ||||||
13 | to a contract that contains a grievance resolution procedure as | ||||||
14 | provided in Section 8, the chairman shall be selected using | ||||||
15 | their agreed contract procedure unless they mutually agree to | ||||||
16 | another procedure. If the parties fail to notify the Board of | ||||||
17 | their selection of neutral chairman within 7 days after receipt | ||||||
18 | of the list of impartial arbitrators, the Board shall appoint, | ||||||
19 | at random, a neutral chairman from the list. In the absence of | ||||||
20 | an agreed contract procedure for selecting an impartial | ||||||
21 | arbitrator, either party may request a panel from the Board. | ||||||
22 | Within 7 days of the request of either party, the Board shall | ||||||
23 | 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | manning; iv) the total number of
employees employed by the | ||||||
26 | department; v) mutual aid and assistance
agreements to other |
| |||||||
| |||||||
1 | units of government; and vi) the criterion pursuant to
which | ||||||
2 | force, including deadly force, can be used; provided, nothing | ||||||
3 | herein
shall preclude an arbitration decision regarding | ||||||
4 | equipment or manning
levels if such decision is based on a | ||||||
5 | finding that the equipment or manning
considerations in a | ||||||
6 | specific work assignment involve a serious risk to the
safety | ||||||
7 | of a peace officer beyond that which is inherent in the normal
| ||||||
8 | performance of police duties. Limitation of the terms of the | ||||||
9 | arbitration
decision pursuant to this subsection shall not be | ||||||
10 | construed to limit the
factors upon which the decision may be | ||||||
11 | 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.)
| ||||||
14 | Section 10. The Illinois Educational Labor Relations Act is | ||||||
15 | amended by changing Sections 5 and 7 as follows:
| ||||||
16 | (115 ILCS 5/5) (from Ch. 48, par. 1705)
| ||||||
17 | Sec. 5. Illinois Educational Labor Relations Board.
| ||||||
18 | (a) There is hereby created the Illinois Educational Labor | ||||||
19 | Relations
Board.
| ||||||
20 | (a-5) Until July 1, 2003 or when all of the new members to | ||||||
21 | be initially
appointed under this amendatory Act of the 93rd | ||||||
22 | General Assembly have been
appointed by the Governor, whichever | ||||||
23 | occurs later, the Illinois Educational
Labor Relations Board | ||||||
24 | shall consist of 7 members, no more
than 4 of whom may be of the |
| |||||||
| |||||||
1 | same political party, who are residents of
Illinois appointed | ||||||
2 | by the Governor with the advice and consent of the Senate.
| ||||||
3 | The term of each appointed member of the Board
who is in | ||||||
4 | office on June 30, 2003 shall terminate at the close of | ||||||
5 | business
on that date or when all of the new members to be | ||||||
6 | initially appointed under
this amendatory Act of the 93rd | ||||||
7 | General Assembly have been appointed by the
Governor, whichever | ||||||
8 | occurs later.
| ||||||
9 | (b) Beginning on July 1, 2003 or when all of the new | ||||||
10 | members to be
initially appointed under this amendatory Act of | ||||||
11 | the 93rd General Assembly
have been appointed by the Governor, | ||||||
12 | whichever occurs later, the Illinois
Educational Labor | ||||||
13 | Relations Board shall consist of 5 members appointed by
the | ||||||
14 | Governor with the advice and consent of the Senate. No more | ||||||
15 | than 3
members may be of the same political party.
| ||||||
16 | The Governor shall appoint to the Board only persons who | ||||||
17 | are residents of
Illinois and have had a minimum of 5 years of | ||||||
18 | experience directly related
to labor and employment relations | ||||||
19 | in representing educational employers or
educational employees | ||||||
20 | in collective bargaining matters. One appointed member
shall be | ||||||
21 | designated at the time of his or her appointment to serve as | ||||||
22 | chairman.
| ||||||
23 | Of the initial members appointed pursuant to this
| ||||||
24 | amendatory Act of the 93rd General Assembly, 2 shall be
| ||||||
25 | designated at the time of appointment to serve a term of 6
| ||||||
26 | years, 2 shall be designated at the time of appointment to |
| |||||||
| |||||||
1 | serve a term
of 4 years, and the other shall be designated at | ||||||
2 | the time of his or her
appointment to serve a term of 4 years, | ||||||
3 | with each to serve until his or her
successor is appointed and | ||||||
4 | qualified.
| ||||||
5 | Each subsequent member shall be appointed in like manner | ||||||
6 | for a term
of 6 years and until his or her successor is | ||||||
7 | appointed and qualified. Each
member of the Board is eligible | ||||||
8 | for reappointment. Vacancies shall be filled
in the same manner | ||||||
9 | as original appointments for the balance of the unexpired
term.
| ||||||
10 | (c) The chairman shall be paid $50,000 per year, or an | ||||||
11 | amount set by
the Compensation Review Board, whichever is | ||||||
12 | greater. Other members of
the Board shall each be paid $45,000 | ||||||
13 | per year, or an amount set by the
Compensation Review Board, | ||||||
14 | whichever is greater. They shall be entitled
to reimbursement | ||||||
15 | for necessary traveling and other official expenditures
| ||||||
16 | necessitated by their official duties.
| ||||||
17 | Each member shall devote his entire time to the duties of | ||||||
18 | the office,
and shall hold no other office or position of | ||||||
19 | profit, nor engage in any
other business, employment or | ||||||
20 | vocation.
| ||||||
21 | (d) Three members of the Board constitute a quorum and a
| ||||||
22 | vacancy on the Board does not impair the right of the remaining | ||||||
23 | members to
exercise all of the powers of the Board.
| ||||||
24 | (e) Any member of the Board may be removed by the Governor, | ||||||
25 | upon notice,
for neglect of duty or malfeasance in office, but | ||||||
26 | for no other cause.
|
| |||||||
| |||||||
1 | (f) The Board may appoint or employ an executive director, | ||||||
2 | attorneys,
hearing officers, and such other employees as it | ||||||
3 | deems necessary to perform
its functions , except that the Board | ||||||
4 | shall employ a minimum of 8 attorneys and 5 investigators . The | ||||||
5 | Board shall prescribe the duties and qualifications of
such | ||||||
6 | persons appointed and, subject to the annual appropriation, fix | ||||||
7 | their
compensation and provide for reimbursement of actual and | ||||||
8 | necessary expenses
incurred in the performance of their duties.
| ||||||
9 | (g) The Board may promulgate rules and regulations which | ||||||
10 | allow parties
in proceedings before the Board to be represented | ||||||
11 | by counsel or any other
person knowledgeable in the matters | ||||||
12 | under consideration.
| ||||||
13 | (h) To accomplish the objectives and to carry out the | ||||||
14 | duties prescribed
by this Act, the Board may subpoena | ||||||
15 | witnesses, subpoena the production of
books, papers, records | ||||||
16 | and documents which may be needed as evidence on
any matter | ||||||
17 | under inquiry and may administer oaths and affirmations.
| ||||||
18 | In cases of neglect or refusal to obey a subpoena issued to | ||||||
19 | any person,
the circuit court in the county in which the | ||||||
20 | investigation or the public
hearing is taking place, upon | ||||||
21 | application by the Board, may issue an order
requiring such | ||||||
22 | person to appear before the Board or any member or agent
of the | ||||||
23 | Board to produce evidence or give testimony. A failure to obey | ||||||
24 | such
order may be punished by the court as in civil contempt.
| ||||||
25 | Any subpoena, notice of hearing, or other process or notice | ||||||
26 | of the Board
issued under the provisions of this Act may be |
| |||||||
| |||||||
1 | served personally, by
registered mail or by leaving a copy at | ||||||
2 | the principal office of the respondent
required to be served. A | ||||||
3 | return, made and verified by the individual making
such service | ||||||
4 | and setting forth the manner of such service, is proof of
| ||||||
5 | service.
A post office receipt, when registered mail is used, | ||||||
6 | is proof of service.
All process of any court to which | ||||||
7 | application may be made under the provisions
of this Act may be | ||||||
8 | served in the county where the persons required to be
served | ||||||
9 | reside or may be found.
| ||||||
10 | (i) The Board shall adopt, promulgate, amend, or rescind | ||||||
11 | rules and
regulations in accordance with the Illinois | ||||||
12 | Administrative
Procedure Act as it deems necessary and
feasible | ||||||
13 | to carry out this Act.
| ||||||
14 | (j) The Board at the end of every State fiscal year shall | ||||||
15 | make a report in
writing to the Governor and the General | ||||||
16 | Assembly, stating in detail the work
it has done in hearing and | ||||||
17 | deciding cases and otherwise.
| ||||||
18 | (Source: P.A. 93-509, eff. 8-11-03.)
| ||||||
19 | (115 ILCS 5/7) (from Ch. 48, par. 1707)
| ||||||
20 | Sec. 7. Recognition of exclusive bargaining | ||||||
21 | representatives - unit
determination. The Board is empowered to | ||||||
22 | administer the
recognition of bargaining representatives of | ||||||
23 | employees of public school
districts, including employees of | ||||||
24 | districts which have entered into joint
agreements, or | ||||||
25 | employees of public community college districts, or any
State |
| |||||||
| |||||||
1 | college or university, and any State agency whose major | ||||||
2 | function is
providing educational services, making certain | ||||||
3 | that each bargaining unit
contains employees with an | ||||||
4 | identifiable community of interest and that no unit
includes | ||||||
5 | both professional employees and nonprofessional employees | ||||||
6 | unless a
majority of employees in each group vote for inclusion | ||||||
7 | in the unit.
| ||||||
8 | (a) In determining the appropriateness of a unit, the Board
| ||||||
9 | shall decide in each case, in order to ensure employees the | ||||||
10 | fullest freedom
in exercising the rights guaranteed by this | ||||||
11 | Act, the unit appropriate for
the purpose of collective | ||||||
12 | bargaining, based upon but not limited to such
factors as | ||||||
13 | historical pattern of recognition, community of interest, | ||||||
14 | including
employee skills and functions, degree of functional | ||||||
15 | integration,
interchangeability and contact among employees, | ||||||
16 | common supervision, wages,
hours and other working conditions | ||||||
17 | of the employees involved, and the desires
of the employees. | ||||||
18 | Nothing in this Act, except as herein provided, shall
interfere | ||||||
19 | with or negate the
current representation rights or patterns | ||||||
20 | and practices of employee
organizations which have | ||||||
21 | historically represented employees for the purposes of
| ||||||
22 | collective bargaining, including but not limited to the | ||||||
23 | negotiations of wages,
hours and working conditions, | ||||||
24 | resolutions of employees' grievances, or
resolution of | ||||||
25 | jurisdictional disputes, or the establishment and maintenance | ||||||
26 | of
prevailing wage rates, unless a majority of the employees so |
| |||||||
| |||||||
1 | represented
expresses a contrary desire under the procedures | ||||||
2 | set forth in this Act. This
Section, however, does not prohibit | ||||||
3 | multi-unit bargaining. Notwithstanding the
above factors, | ||||||
4 | where the majority of public employees of a craft so decide, | ||||||
5 | the
Board shall designate such craft as a unit appropriate for | ||||||
6 | the purposes of
collective bargaining.
| ||||||
7 | The sole appropriate bargaining unit for tenured and | ||||||
8 | tenure-track
academic faculty at
each campus
of
the
University | ||||||
9 | of Illinois shall be a unit that is comprised of
| ||||||
10 | non-supervisory academic faculty employed more than half-time | ||||||
11 | and
that includes all tenured and tenure-track
faculty
of that | ||||||
12 | University campus employed by the board of trustees in all of | ||||||
13 | the campus's undergraduate, graduate, and
professional
schools | ||||||
14 | and degree and non-degree programs
(with the exception of the | ||||||
15 | college of medicine, the college of pharmacy,
the college of | ||||||
16 | dentistry, the college of law, and the college of veterinary
| ||||||
17 | medicine, each of which shall have its own separate unit), | ||||||
18 | regardless of
current
or
historical representation rights or | ||||||
19 | patterns or the application of any
other factors. Any decision, | ||||||
20 | rule, or regulation promulgated by the
Board to the contrary | ||||||
21 | shall be null and void.
| ||||||
22 | (b) An educational employer shall voluntarily recognize a | ||||||
23 | labor organization
for collective bargaining purposes if that | ||||||
24 | organization appears to represent
a majority of employees in | ||||||
25 | the unit. The employer shall post notice
of its intent to so | ||||||
26 | recognize for a period of at least 20 school days on
bulletin |
| |||||||
| |||||||
1 | boards or other places used or reserved for employee notices.
| ||||||
2 | Thereafter, the employer, if satisfied as to the majority | ||||||
3 | status of the
employee organization, shall send written | ||||||
4 | notification of such recognition
to the Board for | ||||||
5 | certification.
Any dispute regarding the majority status of
a | ||||||
6 | labor organization shall be
resolved by the Board which shall | ||||||
7 | make the determination of majority
status.
| ||||||
8 | Within the 20 day notice period, however, any other | ||||||
9 | interested employee
organization may petition the Board to seek | ||||||
10 | recognition as the exclusive
representative of the unit in the | ||||||
11 | manner specified by rules and regulations
prescribed by the | ||||||
12 | Board, if such interested employee organization has been
| ||||||
13 | designated by at least 15% of the employees in an appropriate | ||||||
14 | bargaining unit
which includes all or some of the employees in | ||||||
15 | the unit intended to be
recognized by the employer. In such | ||||||
16 | event, the Board shall proceed with the
petition in the same | ||||||
17 | manner as provided in paragraph (c) of this Section.
| ||||||
18 | (c) A labor organization may also gain recognition as the | ||||||
19 | exclusive
representative by an election of the employees in the | ||||||
20 | unit. Petitions
requesting an election may be filed with the | ||||||
21 | Board:
| ||||||
22 | (1) by an employee or group of employees or any labor | ||||||
23 | organizations acting
on their behalf alleging and | ||||||
24 | presenting evidence that 30% or more of the
employees in a | ||||||
25 | bargaining unit wish to be represented for collective | ||||||
26 | bargaining
or that the labor organization which has been |
| |||||||
| |||||||
1 | acting as the exclusive
bargaining representative is no | ||||||
2 | longer representative of a majority of the
employees in the | ||||||
3 | unit; or
| ||||||
4 | (2) by an employer alleging that one or more labor | ||||||
5 | organizations have
presented a claim to be recognized as an | ||||||
6 | exclusive bargaining representative
of a majority of the | ||||||
7 | employees in an appropriate unit and that it doubts
the | ||||||
8 | majority status of any of the organizations or that it | ||||||
9 | doubts the majority
status of an exclusive bargaining | ||||||
10 | representative.
| ||||||
11 | The Board shall investigate the petition and if it has | ||||||
12 | reasonable cause to
suspect that a question of representation | ||||||
13 | exists, it shall give notice and
conduct a hearing. If it finds | ||||||
14 | upon the record of the hearing that a question
of | ||||||
15 | representation exists, it shall direct an election, which shall | ||||||
16 | be held no
later than 90 days after the date the petition was | ||||||
17 | filed. Nothing prohibits
the waiving of hearings by the parties | ||||||
18 | and the conduct of consent elections.
| ||||||
19 | (c-5) The Board shall designate an exclusive | ||||||
20 | representative for purposes
of
collective bargaining when the | ||||||
21 | representative demonstrates a showing of
majority interest by | ||||||
22 | employees in the unit. If the parties to a dispute are
without
| ||||||
23 | agreement on the means to ascertain the choice, if any, of | ||||||
24 | employee
organization as their representative, the Board shall | ||||||
25 | ascertain the employees'
choice of
employee organization, on | ||||||
26 | the basis of dues deduction authorization or and other
|
| |||||||
| |||||||
1 | evidence, or, if necessary, by conducting an election. All | ||||||
2 | evidence submitted by an employee organization to the Board to | ||||||
3 | ascertain an employee's choice of an employee organization is | ||||||
4 | confidential and shall not be submitted to the employer for | ||||||
5 | review. The Board shall ascertain the employee's choice of | ||||||
6 | employee organization within 120 days after the filing of the | ||||||
7 | majority interest petition; however, the Board may extend time | ||||||
8 | by an additional 60 days, upon its own motion or upon the | ||||||
9 | motion of a party to the proceeding. If either party provides
| ||||||
10 | to the Board, before the designation of a representative, clear | ||||||
11 | and convincing
evidence that the dues deduction | ||||||
12 | authorizations, and other evidence upon which
the Board would | ||||||
13 | otherwise rely to ascertain the employees' choice of
| ||||||
14 | representative, are fraudulent or were obtained through | ||||||
15 | coercion, the Board
shall promptly thereafter conduct an | ||||||
16 | election. The Board shall also investigate
and consider a | ||||||
17 | party's allegations that the dues deduction authorizations and
| ||||||
18 | other evidence submitted in support of a designation of | ||||||
19 | representative without
an election were subsequently changed, | ||||||
20 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
21 | coercion, or any other unfair labor practice by the
employer. | ||||||
22 | If the Board determines that a labor organization would have | ||||||
23 | had a
majority interest but for an employer's fraud, coercion, | ||||||
24 | or unfair labor
practice, it shall designate the labor | ||||||
25 | organization as an exclusive
representative without conducting | ||||||
26 | an election. If a hearing is necessary to resolve any issues of |
| |||||||
| |||||||
1 | representation under this Section, the Board shall conclude its | ||||||
2 | hearing process and issue a certification of the entire | ||||||
3 | appropriate unit not later than 120 days after the date the | ||||||
4 | petition was filed. The 120-day period may be extended one or | ||||||
5 | more times by the agreement of all parties to a hearing to a | ||||||
6 | date certain.
| ||||||
7 | (c-6) A labor organization or an employer may file a unit | ||||||
8 | clarification petition seeking to clarify an existing | ||||||
9 | bargaining unit. The Board shall conclude its investigation, | ||||||
10 | including any hearing process deemed necessary, and issue a | ||||||
11 | certification of clarified unit or dismiss the petition not | ||||||
12 | later than 120 days after the date the petition was filed. The | ||||||
13 | 120-day period may be extended one or more times by the | ||||||
14 | agreement of all parties to a hearing to a date certain. | ||||||
15 | (d) An order of the Board dismissing a representation | ||||||
16 | petition, determining
and certifying that a labor organization | ||||||
17 | has been fairly and freely chosen by a
majority of employees in | ||||||
18 | an appropriate bargaining unit, determining and
certifying | ||||||
19 | that a labor organization has not been fairly and freely chosen | ||||||
20 | by a
majority of employees in the bargaining unit or certifying | ||||||
21 | a labor organization
as the exclusive representative of | ||||||
22 | employees in an appropriate bargaining unit
because of a | ||||||
23 | determination by the Board that the labor organization is the
| ||||||
24 | historical bargaining representative of employees in the | ||||||
25 | bargaining unit,
is a final order. Any person aggrieved by any | ||||||
26 | such order issued on or after
the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of 1987 may apply for and obtain
judicial review | ||||||
2 | in accordance with provisions of the Administrative Review Law,
| ||||||
3 | as now or hereafter amended, except that such review shall be | ||||||
4 | afforded directly
in the Appellate Court of a judicial district | ||||||
5 | in which the Board maintains an
office. Any direct appeal to | ||||||
6 | the Appellate Court shall be filed within 35 days
from the date | ||||||
7 | that a copy of the decision sought to be reviewed was served | ||||||
8 | upon
the party affected by the decision.
| ||||||
9 | No election may be conducted in any bargaining unit during | ||||||
10 | the term of
a collective bargaining agreement covering such | ||||||
11 | unit or subdivision thereof,
except the Board may direct an | ||||||
12 | election after the filing
of a petition between January 15 and | ||||||
13 | March 1 of the final year of a collective
bargaining agreement. | ||||||
14 | Nothing in this Section prohibits the negotiation
of a | ||||||
15 | collective bargaining agreement covering a period not | ||||||
16 | exceeding 3 years.
A collective bargaining agreement of less | ||||||
17 | than 3 years may be extended up
to 3 years by the parties if the | ||||||
18 | extension is agreed to in writing before
the filing of a | ||||||
19 | petition under this Section. In such case, the final year
of | ||||||
20 | the extension is the final year of the collective bargaining | ||||||
21 | agreement.
No election may be conducted in a bargaining unit, | ||||||
22 | or subdivision thereof,
in which a valid election has been held | ||||||
23 | within the preceding 12 month period.
| ||||||
24 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|