99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3105

 

Introduced 2/19/2016, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/14  from Ch. 48, par. 1614

    Amends the Illinois Public Labor Relations Act. Provides that an arbitration hearing shall be open to the public and held within the district or boundaries of the security, peace officer, or fire fighter public employer, unless both parties agree to close the hearing to the public. Provides that in no event shall the decision of the arbitration panel regarding economic issues exceed the financial ability of the employer to fund the award based upon the current revenues and expenses of the employer, including annual pension funding requirements, and without consideration of the ability of the employer to increase tax levels prospectively.


LRB099 18748 RJF 43132 b

 

 

A BILL FOR

 

SB3105LRB099 18748 RJF 43132 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 14 as follows:
 
6    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
7    Sec. 14. Security employee, peace officer and fire fighter
8disputes.
9    (a) In the case of collective bargaining agreements
10involving units of security employees of a public employer,
11Peace Officer Units, or units of fire fighters or paramedics,
12and in the case of disputes under Section 18, unless the
13parties mutually agree to some other time limit, mediation
14shall commence 30 days prior to the expiration date of such
15agreement or at such later time as the mediation services
16chosen under subsection (b) of Section 12 can be provided to
17the parties. In the case of negotiations for an initial
18collective bargaining agreement, mediation shall commence upon
1915 days notice from either party or at such later time as the
20mediation services chosen pursuant to subsection (b) of Section
2112 can be provided to the parties. In mediation under this
22Section, if either party requests the use of mediation services
23from the Federal Mediation and Conciliation Service, the other

 

 

SB3105- 2 -LRB099 18748 RJF 43132 b

1party shall either join in such request or bear the additional
2cost of mediation services from another source. The mediator
3shall have a duty to keep the Board informed on the progress of
4the mediation. If any dispute has not been resolved within 15
5days after the first meeting of the parties and the mediator,
6or within such other time limit as may be mutually agreed upon
7by the parties, either the exclusive representative or employer
8may request of the other, in writing, arbitration, and shall
9submit a copy of the request to the Board.
10    (b) Within 10 days after such a request for arbitration has
11been made, the employer shall choose a delegate and the
12employees' exclusive representative shall choose a delegate to
13a panel of arbitration as provided in this Section. The
14employer and employees shall forthwith advise the other and the
15Board of their selections.
16    (c) Within 7 days after the request of either party, the
17parties shall request a panel of impartial arbitrators from
18which they shall select the neutral chairman according to the
19procedures provided in this Section. If the parties have agreed
20to a contract that contains a grievance resolution procedure as
21provided in Section 8, the chairman shall be selected using
22their agreed contract procedure unless they mutually agree to
23another procedure. If the parties fail to notify the Board of
24their selection of neutral chairman within 7 days after receipt
25of the list of impartial arbitrators, the Board shall appoint,
26at random, a neutral chairman from the list. In the absence of

 

 

SB3105- 3 -LRB099 18748 RJF 43132 b

1an agreed contract procedure for selecting an impartial
2arbitrator, either party may request a panel from the Board.
3Within 7 days of the request of either party, the Board shall
4select from the Public Employees Labor Mediation Roster 7
5persons who are on the labor arbitration panels of either the
6American Arbitration Association or the Federal Mediation and
7Conciliation Service, or who are members of the National
8Academy of Arbitrators, as nominees for impartial arbitrator of
9the arbitration panel. The parties may select an individual on
10the list provided by the Board or any other individual mutually
11agreed upon by the parties. Within 7 days following the receipt
12of the list, the parties shall notify the Board of the person
13they have selected. Unless the parties agree on an alternate
14selection procedure, they shall alternatively strike one name
15from the list provided by the Board until only one name
16remains. A coin toss shall determine which party shall strike
17the first name. If the parties fail to notify the Board in a
18timely manner of their selection for neutral chairman, the
19Board shall appoint a neutral chairman from the Illinois Public
20Employees Mediation/Arbitration Roster.
21    (d) The chairman shall call a hearing to begin within 15
22days and give reasonable notice of the time and place of the
23hearing. The hearing shall be open to the public and held
24within the district or boundaries of the public employer,
25unless both parties agree to close the hearing to the public,
26in which case, the hearing shall be held at the offices of the

 

 

SB3105- 4 -LRB099 18748 RJF 43132 b

1Board or at such other location as the Board deems appropriate.
2The chairman shall preside over the hearing and shall take
3testimony. Any oral or documentary evidence and other data
4deemed relevant by the arbitration panel may be received in
5evidence. The proceedings shall be informal. Technical rules of
6evidence shall not apply and the competency of the evidence
7shall not thereby be deemed impaired. A verbatim record of the
8proceedings shall be made and the arbitrator shall arrange for
9the necessary recording service. Transcripts may be ordered at
10the expense of the party ordering them, but the transcripts
11shall not be necessary for a decision by the arbitration panel.
12The expense of the proceedings, including a fee for the
13chairman, shall be borne equally by each of the parties to the
14dispute. The delegates, if public officers or employees, shall
15continue on the payroll of the public employer without loss of
16pay. The hearing conducted by the arbitration panel may be
17adjourned from time to time, but unless otherwise agreed by the
18parties, shall be concluded within 30 days of the time of its
19commencement. Majority actions and rulings shall constitute
20the actions and rulings of the arbitration panel. Arbitration
21proceedings under this Section shall not be interrupted or
22terminated by reason of any unfair labor practice charge filed
23by either party at any time.
24    (e) The arbitration panel may administer oaths, require the
25attendance of witnesses, and the production of such books,
26papers, contracts, agreements and documents as may be deemed by

 

 

SB3105- 5 -LRB099 18748 RJF 43132 b

1it material to a just determination of the issues in dispute,
2and for such purpose may issue subpoenas. If any person refuses
3to obey a subpoena, or refuses to be sworn or to testify, or if
4any witness, party or attorney is guilty of any contempt while
5in attendance at any hearing, the arbitration panel may, or the
6attorney general if requested shall, invoke the aid of any
7circuit court within the jurisdiction in which the hearing is
8being held, which court shall issue an appropriate order. Any
9failure to obey the order may be punished by the court as
10contempt.
11    (f) At any time before the rendering of an award, the
12chairman of the arbitration panel, if he is of the opinion that
13it would be useful or beneficial to do so, may remand the
14dispute to the parties for further collective bargaining for a
15period not to exceed 2 weeks. If the dispute is remanded for
16further collective bargaining the time provisions of this Act
17shall be extended for a time period equal to that of the
18remand. The chairman of the panel of arbitration shall notify
19the Board of the remand.
20    (g) At or before the conclusion of the hearing held
21pursuant to subsection (d), the arbitration panel shall
22identify the economic issues in dispute, and direct each of the
23parties to submit, within such time limit as the panel shall
24prescribe, to the arbitration panel and to each other its last
25offer of settlement on each economic issue. The determination
26of the arbitration panel as to the issues in dispute and as to

 

 

SB3105- 6 -LRB099 18748 RJF 43132 b

1which of these issues are economic shall be conclusive. The
2arbitration panel, within 30 days after the conclusion of the
3hearing, or such further additional periods to which the
4parties may agree, shall make written findings of fact and
5promulgate a written opinion and shall mail or otherwise
6deliver a true copy thereof to the parties and their
7representatives and to the Board. As to each economic issue,
8the arbitration panel shall adopt the last offer of settlement
9which, in the opinion of the arbitration panel, more nearly
10complies with the applicable factors prescribed in subsection
11(h). However, in no event shall the decision of the arbitration
12panel regarding economic issues exceed the financial ability of
13the employer to fund the award based upon the current revenues
14and expenses of the employer, including annual pension funding
15requirements, and without consideration of the ability of the
16employer to increase tax levels prospectively. The findings,
17opinions and order as to all other issues shall be based upon
18the applicable factors prescribed in subsection (h).
19    (h) Where there is no agreement between the parties, or
20where there is an agreement but the parties have begun
21negotiations or discussions looking to a new agreement or
22amendment of the existing agreement, and wage rates or other
23conditions of employment under the proposed new or amended
24agreement are in dispute, the arbitration panel shall base its
25findings, opinions and order upon the following factors, as
26applicable:

 

 

SB3105- 7 -LRB099 18748 RJF 43132 b

1        (1) The lawful authority of the employer.
2        (2) Stipulations of the parties.
3        (3) The interests and welfare of the public and the
4    financial ability of the unit of government to meet those
5    costs.
6        (4) Comparison of the wages, hours and conditions of
7    employment of the employees involved in the arbitration
8    proceeding with the wages, hours and conditions of
9    employment of other employees performing similar services
10    and with other employees generally:
11            (A) In public employment in comparable
12        communities.
13            (B) In private employment in comparable
14        communities.
15        (5) The average consumer prices for goods and services,
16    commonly known as the cost of living.
17        (6) The overall compensation presently received by the
18    employees, including direct wage compensation, vacations,
19    holidays and other excused time, insurance and pensions,
20    medical and hospitalization benefits, the continuity and
21    stability of employment and all other benefits received.
22        (7) Changes in any of the foregoing circumstances
23    during the pendency of the arbitration proceedings.
24        (8) Such other factors, not confined to the foregoing,
25    which are normally or traditionally taken into
26    consideration in the determination of wages, hours and

 

 

SB3105- 8 -LRB099 18748 RJF 43132 b

1    conditions of employment through voluntary collective
2    bargaining, mediation, fact-finding, arbitration or
3    otherwise between the parties, in the public service or in
4    private employment.
5    (i) In the case of peace officers, the arbitration decision
6shall be limited to wages, hours, and conditions of employment
7(which may include residency requirements in municipalities
8with a population under 1,000,000, but those residency
9requirements shall not allow residency outside of Illinois) and
10shall not include the following: i) residency requirements in
11municipalities with a population of at least 1,000,000; ii) the
12type of equipment, other than uniforms, issued or used; iii)
13manning; iv) the total number of employees employed by the
14department; v) mutual aid and assistance agreements to other
15units of government; and vi) the criterion pursuant to which
16force, including deadly force, can be used; provided, nothing
17herein shall preclude an arbitration decision regarding
18equipment or manning levels if such decision is based on a
19finding that the equipment or manning considerations in a
20specific work assignment involve a serious risk to the safety
21of a peace officer beyond that which is inherent in the normal
22performance of police duties. Limitation of the terms of the
23arbitration decision pursuant to this subsection shall not be
24construed to limit the factors upon which the decision may be
25based, as set forth in subsection (h).
26    In the case of fire fighter, and fire department or fire

 

 

SB3105- 9 -LRB099 18748 RJF 43132 b

1district paramedic matters, the arbitration decision shall be
2limited to wages, hours, and conditions of employment
3(including manning and also including residency requirements
4in municipalities with a population under 1,000,000, but those
5residency requirements shall not allow residency outside of
6Illinois) and shall not include the following matters: i)
7residency requirements in municipalities with a population of
8at least 1,000,000; ii) the type of equipment (other than
9uniforms and fire fighter turnout gear) issued or used; iii)
10the total number of employees employed by the department; iv)
11mutual aid and assistance agreements to other units of
12government; and v) the criterion pursuant to which force,
13including deadly force, can be used; provided, however, nothing
14herein shall preclude an arbitration decision regarding
15equipment levels if such decision is based on a finding that
16the equipment considerations in a specific work assignment
17involve a serious risk to the safety of a fire fighter beyond
18that which is inherent in the normal performance of fire
19fighter duties. Limitation of the terms of the arbitration
20decision pursuant to this subsection shall not be construed to
21limit the facts upon which the decision may be based, as set
22forth in subsection (h).
23    The changes to this subsection (i) made by Public Act
2490-385 (relating to residency requirements) do not apply to
25persons who are employed by a combined department that performs
26both police and firefighting services; these persons shall be

 

 

SB3105- 10 -LRB099 18748 RJF 43132 b

1governed by the provisions of this subsection (i) relating to
2peace officers, as they existed before the amendment by Public
3Act 90-385.
4    To preserve historical bargaining rights, this subsection
5shall not apply to any provision of a fire fighter collective
6bargaining agreement in effect and applicable on the effective
7date of this Act; provided, however, nothing herein shall
8preclude arbitration with respect to any such provision.
9    (j) Arbitration procedures shall be deemed to be initiated
10by the filing of a letter requesting mediation as required
11under subsection (a) of this Section. The commencement of a new
12municipal fiscal year after the initiation of arbitration
13procedures under this Act, but before the arbitration decision,
14or its enforcement, shall not be deemed to render a dispute
15moot, or to otherwise impair the jurisdiction or authority of
16the arbitration panel or its decision. Increases in rates of
17compensation awarded by the arbitration panel may be effective
18only at the start of the fiscal year next commencing after the
19date of the arbitration award. If a new fiscal year has
20commenced either since the initiation of arbitration
21procedures under this Act or since any mutually agreed
22extension of the statutorily required period of mediation under
23this Act by the parties to the labor dispute causing a delay in
24the initiation of arbitration, the foregoing limitations shall
25be inapplicable, and such awarded increases may be retroactive
26to the commencement of the fiscal year, any other statute or

 

 

SB3105- 11 -LRB099 18748 RJF 43132 b

1charter provisions to the contrary, notwithstanding. At any
2time the parties, by stipulation, may amend or modify an award
3of arbitration.
4    (k) Orders of the arbitration panel shall be reviewable,
5upon appropriate petition by either the public employer or the
6exclusive bargaining representative, by the circuit court for
7the county in which the dispute arose or in which a majority of
8the affected employees reside, but only for reasons that the
9arbitration panel was without or exceeded its statutory
10authority; the order is arbitrary, or capricious; or the order
11was procured by fraud, collusion or other similar and unlawful
12means. Such petitions for review must be filed with the
13appropriate circuit court within 90 days following the issuance
14of the arbitration order. The pendency of such proceeding for
15review shall not automatically stay the order of the
16arbitration panel. The party against whom the final decision of
17any such court shall be adverse, if such court finds such
18appeal or petition to be frivolous, shall pay reasonable
19attorneys' fees and costs to the successful party as determined
20by said court in its discretion. If said court's decision
21affirms the award of money, such award, if retroactive, shall
22bear interest at the rate of 12 percent per annum from the
23effective retroactive date.
24    (l) During the pendency of proceedings before the
25arbitration panel, existing wages, hours, and other conditions
26of employment shall not be changed by action of either party

 

 

SB3105- 12 -LRB099 18748 RJF 43132 b

1without the consent of the other but a party may so consent
2without prejudice to his rights or position under this Act. The
3proceedings are deemed to be pending before the arbitration
4panel upon the initiation of arbitration procedures under this
5Act.
6    (m) Security officers of public employers, and Peace
7Officers, Fire Fighters and fire department and fire protection
8district paramedics, covered by this Section may not withhold
9services, nor may public employers lock out or prevent such
10employees from performing services at any time.
11    (n) All of the terms decided upon by the arbitration panel
12shall be included in an agreement to be submitted to the public
13employer's governing body for ratification and adoption by law,
14ordinance or the equivalent appropriate means.
15    The governing body shall review each term decided by the
16arbitration panel. If the governing body fails to reject one or
17more terms of the arbitration panel's decision by a 3/5 vote of
18those duly elected and qualified members of the governing body,
19within 20 days of issuance, or in the case of firefighters
20employed by a state university, at the next regularly scheduled
21meeting of the governing body after issuance, such term or
22terms shall become a part of the collective bargaining
23agreement of the parties. If the governing body affirmatively
24rejects one or more terms of the arbitration panel's decision,
25it must provide reasons for such rejection with respect to each
26term so rejected, within 20 days of such rejection and the

 

 

SB3105- 13 -LRB099 18748 RJF 43132 b

1parties shall return to the arbitration panel for further
2proceedings and issuance of a supplemental decision with
3respect to the rejected terms. Any supplemental decision by an
4arbitration panel or other decision maker agreed to by the
5parties shall be submitted to the governing body for
6ratification and adoption in accordance with the procedures and
7voting requirements set forth in this Section. The voting
8requirements of this subsection shall apply to all disputes
9submitted to arbitration pursuant to this Section
10notwithstanding any contrary voting requirements contained in
11any existing collective bargaining agreement between the
12parties.
13    (o) If the governing body of the employer votes to reject
14the panel's decision, the parties shall return to the panel
15within 30 days from the issuance of the reasons for rejection
16for further proceedings and issuance of a supplemental
17decision. All reasonable costs of such supplemental proceeding
18including the exclusive representative's reasonable attorney's
19fees, as established by the Board, shall be paid by the
20employer.
21    (p) Notwithstanding the provisions of this Section the
22employer and exclusive representative may agree to submit
23unresolved disputes concerning wages, hours, terms and
24conditions of employment to an alternative form of impasse
25resolution.
26(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)