Rep. Suzanne Bassi
Filed: 3/22/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5596
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5596 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Educational Labor Relations Act is | ||||||
5 | amended by changing Sections 12 and 13 as follows:
| ||||||
6 | (115 ILCS 5/12) (from Ch. 48, par. 1712)
| ||||||
7 | Sec. 12. Impasse procedures.
| ||||||
8 | (a) If the parties engaged in collective
bargaining have | ||||||
9 | not reached an agreement by 90 days before the scheduled
start | ||||||
10 | of the forthcoming school year, the parties shall notify the | ||||||
11 | Illinois
Educational Labor Relations Board concerning the | ||||||
12 | status of negotiations.
| ||||||
13 | Upon demand of either party, collective bargaining between | ||||||
14 | the employer
and an exclusive bargaining representative must | ||||||
15 | begin within 60 days of
the date of certification of the | ||||||
16 | representative by the Board, or in the case
of an existing |
| |||||||
| |||||||
1 | exclusive bargaining representative, within 60 days of the
| ||||||
2 | receipt by a party of a demand to bargain issued by the other | ||||||
3 | party. Once
commenced, collective bargaining must continue for | ||||||
4 | at least a 60 day
period, unless a contract is entered into.
| ||||||
5 | (a-5) If, Except as otherwise provided in subsection (b) of | ||||||
6 | this Section, if after
a reasonable period of negotiation and | ||||||
7 | within 45 days of the
scheduled start of the forth-coming | ||||||
8 | school year, the parties engaged in
collective bargaining have | ||||||
9 | reached an impasse, either party may petition
the Board to | ||||||
10 | initiate mediation. Alternatively, the Board on its own
motion | ||||||
11 | may initiate mediation during this period. However, mediation | ||||||
12 | shall
be initiated by the Board at any time when jointly | ||||||
13 | requested by the parties
and the services of the mediators | ||||||
14 | shall continuously be made available to
the employer and to the | ||||||
15 | exclusive bargaining representative for purposes of
| ||||||
16 | arbitration of grievances and mediation or arbitration of | ||||||
17 | contract
disputes. If the parties to the dispute are not | ||||||
18 | required to engage in fact finding under subsection (a-10) of | ||||||
19 | this Section and if requested by the parties, the mediator may | ||||||
20 | perform
fact-finding and in so doing conduct hearings and make | ||||||
21 | written findings and
recommendations for resolution of the | ||||||
22 | dispute. Such mediation shall be
provided by the Board and | ||||||
23 | shall be held before qualified impartial
individuals. Nothing | ||||||
24 | prohibits the use of other individuals or
organizations such as | ||||||
25 | the Federal Mediation and Conciliation Service or the
American | ||||||
26 | Arbitration Association selected by both the exclusive |
| |||||||
| |||||||
1 | bargaining
representative and the employer.
| ||||||
2 | If the parties engaged in collective bargaining fail to | ||||||
3 | reach an agreement
within 15 days of the scheduled start of the | ||||||
4 | forthcoming school year and
have not requested mediation, the | ||||||
5 | Illinois Educational Labor Relations Board
shall invoke | ||||||
6 | mediation.
| ||||||
7 | Whenever mediation is initiated or invoked under this | ||||||
8 | subsection (a), the
parties may stipulate to defer selection of | ||||||
9 | a mediator in accordance with
rules adopted by the Board.
| ||||||
10 | (a-10) For collective bargaining agreements that are | ||||||
11 | reopened for negotiations because of a determination by the | ||||||
12 | employer that it is unable to fund salary increases for the | ||||||
13 | 2011 fiscal year, if a dispute exists between an employer whose | ||||||
14 | territorial boundaries are coterminous with those of a city | ||||||
15 | having a population in excess of 500,000 and the exclusive | ||||||
16 | bargaining representative of its employees and if the parties | ||||||
17 | fail to reach an agreement after a reasonable period of | ||||||
18 | mediation, the Board shall order that the dispute be submitted | ||||||
19 | to a 3-member fact-finding panel. Within 3 days following the | ||||||
20 | Board's order, each party shall appoint one member of the | ||||||
21 | fact-finding panel. Within 3 days following these | ||||||
22 | appointments, the parties shall select a qualified impartial | ||||||
23 | member to serve as the chairperson of the fact-finding panel. | ||||||
24 | If the parties are unable to agree upon a qualified impartial | ||||||
25 | member, the parties shall request a panel of qualified | ||||||
26 | impartial members from either the Federal Mediation and |
| |||||||
| |||||||
1 | Conciliation Service or the American Arbitration Association | ||||||
2 | and select the chairperson of the fact-finding panel from such | ||||||
3 | panel in accordance with the procedures established by the | ||||||
4 | organization providing the panel. The chairperson of the | ||||||
5 | fact-finding panel must not be the same individual who was | ||||||
6 | appointed as a mediator. | ||||||
7 | The fact-finding panel shall have the following duties and | ||||||
8 | powers: | ||||||
9 | (1) to require the parties to submit a statement of | ||||||
10 | disputed issues and their position regarding each issue | ||||||
11 | either jointly or separately; | ||||||
12 | (2) to identify disputed issues that are economic in | ||||||
13 | nature; | ||||||
14 | (3) to meet with the parties either separately or | ||||||
15 | jointly; | ||||||
16 | (4) to conduct private hearings and regulate the time, | ||||||
17 | place, course, and manner of such hearings; | ||||||
18 | (5) to request the Board to issue subpoenas requiring | ||||||
19 | the attendance and testimony of witnesses or the production | ||||||
20 | of evidence; | ||||||
21 | (6) to administer oaths and affirmations; | ||||||
22 | (7) to examine witnesses and documents; | ||||||
23 | (8) to create a full and complete written record of any | ||||||
24 | hearings; | ||||||
25 | (9) to attempt mediation; | ||||||
26 | (10) to require the parties to submit final offers; |
| |||||||
| |||||||
1 | (11) to consider and decide upon the subjects of | ||||||
2 | residency, seniority, and all other mandatory subjects of | ||||||
3 | bargaining, notwithstanding any statute to the contrary; | ||||||
4 | and | ||||||
5 | (12) to employ any other measures deemed appropriate to | ||||||
6 | resolve the impasse. | ||||||
7 | If the dispute is not settled within 90 days after the | ||||||
8 | appointment of the fact-finding panel, and after the | ||||||
9 | fact-finding panel has conducted a hearing on the disputed | ||||||
10 | issues, the fact-finding panel shall issue a private report to | ||||||
11 | the parties that contains advisory findings of fact and | ||||||
12 | recommended terms of settlement for all disputed issues and | ||||||
13 | that sets forth a rationale for each recommendation. The | ||||||
14 | fact-finding panel, acting by a majority of its members, shall | ||||||
15 | base its findings and recommendations upon the following | ||||||
16 | criteria as applicable: | ||||||
17 | (A) the lawful authority of the employer; | ||||||
18 | (B) the federal and State statutes or local ordinances | ||||||
19 | applicable to the employer; | ||||||
20 | (C) prior collective bargaining agreements and the | ||||||
21 | bargaining history between the parties; | ||||||
22 | (D) stipulations of the parties; | ||||||
23 | (E) the interests and welfare of the public; | ||||||
24 | (F) the ability of the employer to finance and | ||||||
25 | administer the proposals at issue, provided that such | ||||||
26 | ability is not predicated on the premise that the employer |
| |||||||
| |||||||
1 | will develop additional sources of revenue; | ||||||
2 | (G) the impact of any economic adjustments on the | ||||||
3 | employer's ability to pursue its educational mission; | ||||||
4 | (H) the present and future general economic conditions | ||||||
5 | in the locality and State; | ||||||
6 | (I) a comparison of the wages, hours, and conditions of | ||||||
7 | employment of the employees involved in the dispute with | ||||||
8 | the wages, hours, and conditions of employment of employees | ||||||
9 | performing similar services in public education in the 5 | ||||||
10 | largest U.S. cities; | ||||||
11 | (J) the average consumer prices for goods and services, | ||||||
12 | which is commonly known as the cost of living; | ||||||
13 | (K) the overall compensation presently received by the | ||||||
14 | employees involved in the dispute, including direct wage | ||||||
15 | compensation; vacations, holidays, and other excused time; | ||||||
16 | insurance and pensions; medical and hospitalization | ||||||
17 | benefits; the continuity and stability of employment; and | ||||||
18 | all other benefits received; | ||||||
19 | (L) changes in any of the circumstances set forth in | ||||||
20 | subdivisions (A) through (K) of this subsection (a-10) | ||||||
21 | during the fact-finding procedures; and | ||||||
22 | (M) such other factors, not confined to subdivisions | ||||||
23 | (A) through (L) of this subsection (a-10), that are | ||||||
24 | normally or traditionally considered in the determination | ||||||
25 | of wages, hours, and conditions of employment through | ||||||
26 | collective bargaining, mediation, fact-finding, |
| |||||||
| |||||||
1 | arbitration, or other impasse resolution procedures in | ||||||
2 | public employment. | ||||||
3 | The fact-finding panel's recommended terms of settlement | ||||||
4 | shall be deemed agreed upon by the parties as the final | ||||||
5 | resolution of the disputed issues and incorporated into the | ||||||
6 | collective bargaining agreement executed by the parties, | ||||||
7 | unless either party tenders to the chairperson of the | ||||||
8 | fact-finding panel a notice of rejection of the recommended | ||||||
9 | terms of settlement, in whole or in part, with a rationale for | ||||||
10 | each rejection, within 10 days after the date of issuance of | ||||||
11 | the fact-finding panel's report. If either party submits a | ||||||
12 | notice of rejection, the chairperson of the fact-finding panel | ||||||
13 | shall publish the fact-finding panel's report for public | ||||||
14 | information by delivering a copy to all newspapers of general | ||||||
15 | circulation in the community. | ||||||
16 | After the publication of the fact-finding panel's report, | ||||||
17 | the fact-finding panel's recommended terms of settlement shall | ||||||
18 | be deemed agreed upon by the parties as the final resolution of | ||||||
19 | the disputed issues and incorporated into the collective | ||||||
20 | bargaining agreement executed by the parties, unless either | ||||||
21 | party tenders to the chairperson of the fact-finding panel a | ||||||
22 | notice of rejection of the recommended terms of settlement, in | ||||||
23 | whole or in part, with a rationale for each rejection, within 5 | ||||||
24 | days after the date on which the chairperson of the | ||||||
25 | fact-finding panel published the fact-finding panel's report. | ||||||
26 | (b) If, after a period of bargaining of at least 60 days, a
|
| |||||||
| |||||||
1 | dispute or impasse exists between an employer whose territorial
| ||||||
2 | boundaries are coterminous with those of a city having a | ||||||
3 | population in
excess of 500,000 and the exclusive bargaining | ||||||
4 | representative over
a subject or matter set forth in Section | ||||||
5 | 4.5 of this Act, the parties shall
submit the dispute or | ||||||
6 | impasse to the dispute resolution procedure
agreed to between | ||||||
7 | the parties. The procedure shall provide for mediation
of | ||||||
8 | disputes by a rotating mediation panel and may, at the request | ||||||
9 | of
either party, include the issuance of advisory findings of | ||||||
10 | fact and
recommendations.
| ||||||
11 | (c) The costs and expenses of the mediator and any | ||||||
12 | chairperson of a fact-finding panel shall be shared equally | ||||||
13 | between the parties. All other costs and expenses of complying | ||||||
14 | with this Section shall be borne by the party incurring them. | ||||||
15 | (c-5) If the representatives of either the employer or | ||||||
16 | exclusive bargaining representative refuse to participate in | ||||||
17 | the mediation or fact-finding procedures required by this | ||||||
18 | Section, such refusal shall be deemed a refusal to bargain in | ||||||
19 | good faith. In the absence of an unfair labor practice charge | ||||||
20 | filed by an aggrieved party, the Board on its own motion may | ||||||
21 | issue an unfair labor practice complaint based on such refusal | ||||||
22 | and conduct hearings and issue orders as provided for in | ||||||
23 | Section 15 of this Act. The costs of fact finding and mediation | ||||||
24 | shall be shared equally
between
the employer and the exclusive | ||||||
25 | bargaining agent, provided that, for
purposes of mediation | ||||||
26 | under this Act, if either party requests the use of
mediation |
| |||||||
| |||||||
1 | services from the Federal Mediation and Conciliation Service, | ||||||
2 | the
other party shall either join in such request or bear the | ||||||
3 | additional cost
of mediation services from another source.
| ||||||
4 | (d) Nothing in this Act prevents an employer and an | ||||||
5 | exclusive bargaining
representative from mutually submitting | ||||||
6 | to final and binding impartial
arbitration unresolved issues | ||||||
7 | concerning the terms of a new collective
bargaining agreement.
| ||||||
8 | Nothing in this Act prohibits the parties from agreeing to | ||||||
9 | extend the deadlines established for mediation and | ||||||
10 | fact-finding procedures. | ||||||
11 | (Source: P.A. 93-3, eff. 4-16-03.)
| ||||||
12 | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| ||||||
13 | Sec. 13. Strikes.
| ||||||
14 | (a) Notwithstanding the existence of any other
provision in | ||||||
15 | this Act or other law, educational employees employed in school
| ||||||
16 | districts organized under Article 34 of the School Code shall | ||||||
17 | not engage in
a strike at any time during the 18 month period | ||||||
18 | that commences on the
effective date of this amendatory Act of | ||||||
19 | 1995. An educational employee
employed in a school district | ||||||
20 | organized
under Article 34 of the School Code who participates | ||||||
21 | in a strike in violation
of this Section is subject to | ||||||
22 | discipline by the employer. In addition, no
educational | ||||||
23 | employer organized under Article 34 of the School Code may pay | ||||||
24 | or
cause to be paid to an educational employee who
participates | ||||||
25 | in a strike in violation of this subsection any wages or other
|
| |||||||
| |||||||
1 | compensation for any period during
which an educational | ||||||
2 | employee participates in the strike, except for wages or
| ||||||
3 | compensation earned before participation in the strike.
| ||||||
4 | Notwithstanding the existence of any other
provision in this | ||||||
5 | Act or other law, during the 18-month period that strikes are
| ||||||
6 | prohibited under this subsection nothing in this subsection | ||||||
7 | shall be construed
to require an educational employer to submit | ||||||
8 | to a binding dispute resolution
process.
| ||||||
9 | (a-5) Educational employees must not engage in a strike at | ||||||
10 | any time during the mediation or fact-finding procedures set | ||||||
11 | forth in Section 12 of this Act. If a strike occurs in | ||||||
12 | violation of this Section, the employer may initiate in the | ||||||
13 | circuit court of the county in which such strike occurs an | ||||||
14 | action for an injunction and other relief, and the circuit | ||||||
15 | court shall impose at least one or more of the following | ||||||
16 | penalties on the exclusive bargaining representative in | ||||||
17 | addition to ordering other appropriate relief: | ||||||
18 | (1) Revoke the designation of the exclusive bargaining | ||||||
19 | representative as the exclusive bargaining representative | ||||||
20 | of the employees involved in the dispute and declare the | ||||||
21 | exclusive bargaining representative to be ineligible for | ||||||
22 | such designation for a period of 2 years. | ||||||
23 | (2) Prohibit the employer from deducting dues on behalf | ||||||
24 | of the exclusive bargaining representative for a period of | ||||||
25 | 2 years. | ||||||
26 | (3) Impose fines on the exclusive bargaining |
| |||||||
| |||||||
1 | representative or its officers or both. | ||||||
2 | (b) Notwithstanding the existence of any other provision in | ||||||
3 | this Act or any
other law, educational employees other than | ||||||
4 | those employed in a school district
organized under Article 34 | ||||||
5 | of the School Code and, after the expiration of the
18 month | ||||||
6 | period that commences on the effective date of this amendatory | ||||||
7 | Act of
1995, educational employees in a school district | ||||||
8 | organized under Article 34 of
the School Code shall not engage | ||||||
9 | in a strike except under the following
conditions:
| ||||||
10 | (1) they are represented by an exclusive bargaining
| ||||||
11 | representative;
| ||||||
12 | (2) the parties have completely utilized mediation | ||||||
13 | without success as required by Section 12 of this Act; | ||||||
14 | (2.5) the parties have completely utilized | ||||||
15 | fact-finding without success if fact-finding is required | ||||||
16 | by Section 12 of this Act; mediation has been used without | ||||||
17 | success;
| ||||||
18 | (3) at least 10 days have elapsed after a notice of | ||||||
19 | intent
to strike has been given by the exclusive bargaining | ||||||
20 | representative to the
educational employer, the regional | ||||||
21 | superintendent and the Illinois Educational
Labor | ||||||
22 | Relations Board;
| ||||||
23 | (4) the collective bargaining agreement between the | ||||||
24 | educational employer
and educational employees, if any, | ||||||
25 | has expired; and
| ||||||
26 | (5) the employer and the exclusive bargaining |
| |||||||
| |||||||
1 | representative have not
mutually submitted the unresolved | ||||||
2 | issues to arbitration.
| ||||||
3 | If, however, in the opinion of an employer the strike is or | ||||||
4 | has become a
clear and present danger to the health or safety | ||||||
5 | of the public, the employer
may initiate
in the circuit court | ||||||
6 | of the county in which such danger exists an action for
relief | ||||||
7 | which may include, but is not limited to, injunction. The court | ||||||
8 | may
grant appropriate relief upon the finding that such clear | ||||||
9 | and present danger
exists.
An unfair practice or other evidence | ||||||
10 | of lack of clean hands by the educational
employer is a defense | ||||||
11 | to such action. Except as provided for in this
paragraph, the | ||||||
12 | jurisdiction of the court under this Section is limited by the
| ||||||
13 | Labor Dispute Act.
| ||||||
14 | (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|