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| | HB0297 Engrossed | | LRB103 03824 RJT 48830 b |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Educational Labor Relations Act is |
5 | | amended by changing Section 12 as follows:
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6 | | (115 ILCS 5/12) (from Ch. 48, par. 1712)
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7 | | Sec. 12. Impasse procedures.
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8 | | (a) This subsection (a) applies only to collective |
9 | | bargaining between an educational employer that is not a |
10 | | public school district organized under Article 34 of the |
11 | | School Code and an exclusive representative of its employees. |
12 | | If the parties engaged in collective
bargaining have not |
13 | | reached an agreement by 90 days before the scheduled
start of |
14 | | the forthcoming school year, the parties shall notify the |
15 | | Illinois
Educational Labor Relations Board concerning the |
16 | | status of negotiations. This notice shall include a statement |
17 | | on whether mediation has been used.
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18 | | Upon demand of either party, collective bargaining between |
19 | | the employer
and an exclusive bargaining representative must |
20 | | begin within 60 days of
the date of certification of the |
21 | | representative by the Board, or in the case
of an existing |
22 | | exclusive bargaining representative, within 60 days of the
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23 | | receipt by a party of a demand to bargain issued by the other |
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1 | | party. Once
commenced, collective bargaining must continue for |
2 | | at least a 60 day
period, unless a contract is entered into.
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3 | | Except as otherwise provided in subsection (b) of this |
4 | | Section, if after
a reasonable period of negotiation and |
5 | | within 90 days of the
scheduled start of the forth-coming |
6 | | school year, the parties engaged in
collective bargaining have |
7 | | reached an impasse, either party may petition
the Board to |
8 | | initiate mediation. Alternatively, the Board on its own
motion |
9 | | may initiate mediation during this period. However, mediation |
10 | | shall
be initiated by the Board at any time when jointly |
11 | | requested by the parties
and the services of the mediators |
12 | | shall continuously be made available to
the employer and to |
13 | | the exclusive bargaining representative for purposes of
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14 | | arbitration of grievances and mediation or arbitration of |
15 | | contract
disputes. If requested by the parties, the mediator |
16 | | may perform
fact-finding and in so doing conduct hearings and |
17 | | make written findings and
recommendations for resolution of |
18 | | the dispute. Such mediation shall be
provided by the Board and |
19 | | shall be held before qualified impartial
individuals. Nothing |
20 | | prohibits the use of other individuals or
organizations such |
21 | | as the Federal Mediation and Conciliation Service or the
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22 | | American Arbitration Association selected by both the |
23 | | exclusive bargaining
representative and the employer.
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24 | | If the parties engaged in collective bargaining fail to |
25 | | reach an agreement
within 45 days of the scheduled start of the |
26 | | forthcoming school year and
have not requested mediation, the |
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1 | | Illinois Educational Labor Relations Board
shall invoke |
2 | | mediation.
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3 | | Whenever mediation is initiated or invoked under this |
4 | | subsection (a), the
parties may stipulate to defer selection |
5 | | of a mediator in accordance with
rules adopted by the Board.
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6 | | (a-5) This subsection (a-5) applies only to collective |
7 | | bargaining between a public school district or a combination |
8 | | of public school districts, including, but not limited to, |
9 | | joint cooperatives, that is not organized under Article 34 of |
10 | | the School Code and an exclusive representative of its |
11 | | employees. |
12 | | (1) Any time 15 days after mediation has commenced, |
13 | | either party may initiate the public posting process. The |
14 | | mediator may initiate the public posting process at any |
15 | | time 15 days after mediation has commenced during the |
16 | | mediation process. Initiation of the public posting |
17 | | process must be filed in writing with the Board, and |
18 | | copies must be submitted to the parties on the same day the |
19 | | initiation is filed with the Board. |
20 | | (2) Within 7 days after the initiation of the public |
21 | | posting process, each party shall submit to the mediator, |
22 | | the Board, and the other party in writing the most recent |
23 | | offer of the party, including a cost summary of the offer. |
24 | | Seven days after receipt of the parties' offers, the Board |
25 | | shall make public the offers and each party's cost summary |
26 | | dealing with those issues on which the parties have failed |
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1 | | to reach agreement by immediately posting the offers on |
2 | | its Internet website, unless otherwise notified by the |
3 | | mediator or jointly by the parties that agreement has been |
4 | | reached. On the same day of publication by the Board, at a |
5 | | minimum, the school district shall distribute notice of |
6 | | the availability of the offers on the Board's Internet |
7 | | website to all news media that have filed an annual |
8 | | request for notices from the school district pursuant to |
9 | | Section 2.02 of the Open Meetings Act. The parties' offers |
10 | | shall remain on the Board's Internet website until the |
11 | | parties have reached and ratified an agreement. |
12 | | (a-10) This subsection (a-10) applies only to collective |
13 | | bargaining between a public school district organized under |
14 | | Article 34 of the School Code and an exclusive representative |
15 | | of its employees , other than educational employees who are |
16 | | forbidden from striking under this Act. For educational |
17 | | employees who are forbidden from striking, either the employer |
18 | | or exclusive representative may elect to utilize the |
19 | | fact-finding procedures set forth in this subsection (a-10), |
20 | | except as otherwise specified in paragraph (5) of this |
21 | | subsection (a-10) . |
22 | | (1) For collective bargaining agreements between an |
23 | | educational employer to which this subsection (a-10) |
24 | | applies and an exclusive representative of its employees, |
25 | | if the parties fail to reach an agreement after a |
26 | | reasonable period of mediation, the dispute shall be |
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1 | | submitted to fact-finding in accordance with this |
2 | | subsection (a-10). Either the educational employer or the |
3 | | exclusive representative may initiate fact-finding by |
4 | | submitting a written demand to the other party with a copy |
5 | | of the demand submitted simultaneously to the Board. |
6 | | (2) Within 3 days following a party's demand for |
7 | | fact-finding, each party shall appoint one member of the |
8 | | fact-finding panel, unless the parties agree to proceed |
9 | | without a tri-partite panel. Following these appointments, |
10 | | if any, the parties shall select a qualified impartial |
11 | | individual to serve as the fact-finder and chairperson of |
12 | | the fact-finding panel, if applicable. An individual shall |
13 | | be considered qualified to serve as the fact-finder and |
14 | | chairperson of the fact-finding panel, if applicable, if |
15 | | he or she was not the same individual who was appointed as |
16 | | the mediator and if he or she satisfies the following |
17 | | requirements: membership in good standing with the |
18 | | National Academy of Arbitrators, Federal Mediation and |
19 | | Conciliation Service, or American Arbitration Association |
20 | | for a minimum of 10 years; membership on the mediation |
21 | | roster for the Illinois Labor Relations Board or Illinois |
22 | | Educational Labor Relations Board; issuance of at least 5 |
23 | | interest arbitration awards arising under the Illinois |
24 | | Public Labor Relations Act; and participation in impasse |
25 | | resolution processes arising under private or public |
26 | | sector collective bargaining statutes in other states. If |
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1 | | the parties are unable to agree on a fact-finder, the |
2 | | parties shall request a panel of fact-finders who satisfy |
3 | | the requirements set forth in this paragraph (2) from |
4 | | either the Federal Mediation and Conciliation Service or |
5 | | the American Arbitration Association and shall select a |
6 | | fact-finder from such panel in accordance with the |
7 | | procedures established by the organization providing the |
8 | | panel. |
9 | | (3) The fact-finder shall have the following duties |
10 | | and powers: |
11 | | (A) to require the parties to submit a statement |
12 | | of disputed issues and their positions regarding each |
13 | | issue either jointly or separately; |
14 | | (B) to identify disputed issues that are economic |
15 | | in nature; |
16 | | (C) to meet with the parties either separately or |
17 | | in executive sessions; |
18 | | (D) to conduct hearings and regulate the time, |
19 | | place, course, and manner of the hearings; |
20 | | (E) to request the Board to issue subpoenas |
21 | | requiring the attendance and testimony of witnesses or |
22 | | the production of evidence; |
23 | | (F) to administer oaths and affirmations; |
24 | | (G) to examine witnesses and documents; |
25 | | (H) to create a full and complete written record |
26 | | of the hearings; |
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1 | | (I) to attempt mediation or remand a disputed |
2 | | issue to the parties for further collective |
3 | | bargaining; |
4 | | (J) to require the parties to submit final offers |
5 | | for each disputed issue either individually or as a |
6 | | package or as a combination of both; and |
7 | | (K) to employ any other measures deemed |
8 | | appropriate to resolve the impasse. |
9 | | (4) If the dispute is not settled within 75 days after |
10 | | the appointment of the fact-finding panel, the |
11 | | fact-finding panel shall issue a private report to the |
12 | | parties that contains advisory findings of fact and |
13 | | recommended terms of settlement for all disputed issues |
14 | | and that sets forth a rationale for each recommendation. |
15 | | The fact-finding panel, acting by a majority of its |
16 | | members, shall base its findings and recommendations upon |
17 | | the following criteria as applicable: |
18 | | (A) the lawful authority of the employer; |
19 | | (B) the federal and State statutes or local |
20 | | ordinances and resolutions applicable to the employer; |
21 | | (C) prior collective bargaining agreements and the |
22 | | bargaining history between the parties; |
23 | | (D) stipulations of the parties; |
24 | | (E) the interests and welfare of the public and |
25 | | the students and families served by the employer; |
26 | | (F) the employer's financial ability to fund the |
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1 | | proposals based on existing available resources, |
2 | | provided that such ability is not predicated on an |
3 | | assumption that lines of credit or reserve funds are |
4 | | available or that the employer may or will receive or |
5 | | develop new sources of revenue or increase existing |
6 | | sources of revenue; |
7 | | (G) the impact of any economic adjustments on the |
8 | | employer's ability to pursue its educational mission; |
9 | | (H) the present and future general economic |
10 | | conditions in the locality and State; |
11 | | (I) a comparison of the wages, hours, and |
12 | | conditions of employment of the employees involved in |
13 | | the dispute with the wages, hours, and conditions of |
14 | | employment of employees performing similar services in |
15 | | public education in the 10 largest U.S. cities , and |
16 | | for educational employees who are forbidden to strike, |
17 | | this comparison shall be based on comparable |
18 | | communities ; |
19 | | (J) the average consumer prices in urban areas for |
20 | | goods and services, which is commonly known as the |
21 | | cost of living; |
22 | | (K) the overall compensation presently received by |
23 | | the employees involved in the dispute, including |
24 | | direct wage compensation; vacations, holidays, and |
25 | | other excused time; insurance and pensions; medical |
26 | | and hospitalization benefits; the continuity and |
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1 | | stability of employment and all other benefits |
2 | | received; and how each party's proposed compensation |
3 | | structure supports the educational goals of the |
4 | | district , and for educational employees who are |
5 | | forbidden from striking, this analysis shall also |
6 | | include all other employees who are employed by the |
7 | | educational employer ; |
8 | | (L) changes in any of the circumstances listed in |
9 | | items (A) through (K) of this paragraph (4) during the |
10 | | fact-finding proceedings; |
11 | | (M) the effect that any term the parties are at |
12 | | impasse on has or may have on the overall educational |
13 | | environment, learning conditions, and working |
14 | | conditions with the school district; and |
15 | | (N) the effect that any term the parties are at |
16 | | impasse on has or may have in promoting the public |
17 | | policy of this State. |
18 | | (5) The fact-finding panel's recommended terms of |
19 | | settlement shall be deemed agreed upon by the parties as |
20 | | the final resolution of the disputed issues and |
21 | | incorporated into the collective bargaining agreement |
22 | | executed by the parties, unless either party tenders to |
23 | | the other party and the chairperson of the fact-finding |
24 | | panel a notice of rejection of the recommended terms of |
25 | | settlement with a rationale for the rejection, within 15 |
26 | | days after the date of issuance of the fact-finding |
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1 | | panel's report. With regard to educational employees who |
2 | | are forbidden from striking, if either party submits a |
3 | | notice of rejection, either party may utilize mandatory |
4 | | interest arbitration proceedings established in subsection |
5 | | (e). For all other educational employees subject to this |
6 | | subsection (a-10), if If either party submits a notice of |
7 | | rejection, the chairperson of the fact-finding panel shall |
8 | | publish the fact-finding panel's report and the notice of |
9 | | rejection for public information by delivering a copy to |
10 | | all newspapers of general circulation in the community |
11 | | with simultaneous written notice to the parties. |
12 | | The changes made to this subsection (a-10) by this |
13 | | amendatory Act of the 103rd General Assembly apply only to |
14 | | collective bargaining agreements entered into, modified, |
15 | | extended, or renewed on or after the effective date of this |
16 | | amendatory Act of the 103rd General Assembly. |
17 | | (b) (Blank).
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18 | | (c) The costs of fact finding and mediation shall be |
19 | | shared equally
between
the employer and the exclusive |
20 | | bargaining agent, provided that, for
purposes of mediation |
21 | | under this Act, if either party requests the use of
mediation |
22 | | services from the Federal Mediation and Conciliation Service, |
23 | | the
other party shall either join in such request or bear the |
24 | | additional cost
of mediation services from another source. All |
25 | | other costs and expenses of complying with this Section must |
26 | | be borne by the party incurring them.
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1 | | (c-5) If an educational employer or exclusive bargaining |
2 | | representative refuses to participate in mediation or fact |
3 | | finding when required by this Section, the refusal shall be |
4 | | deemed a refusal to bargain in good faith. |
5 | | (d) Nothing in this Act prevents an employer and an |
6 | | exclusive bargaining
representative from mutually submitting |
7 | | to final and binding impartial
arbitration unresolved issues |
8 | | concerning the terms of a new collective
bargaining agreement.
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9 | | (e) This subsection (e) applies only to collective |
10 | | bargaining between a public school district organized under |
11 | | Article 34 of the School Code and an exclusive representative |
12 | | of educational employees who are forbidden from striking under |
13 | | this Act. Educational employees who are forbidden from |
14 | | striking have the right to submit all negotiation disputes, |
15 | | including, but not limited to, mid-term disputes and impact |
16 | | bargaining disputes, for resolution through the following |
17 | | mandatory arbitration procedures: |
18 | | (1) For collective bargaining agreements between an |
19 | | educational employer and exclusive representative, |
20 | | mediation shall commence upon 15 days' notice from either |
21 | | party or at such later time as the mediation services so |
22 | | chosen can be provided to the parties. If fact-finding |
23 | | procedures under subsection (a-10) were utilized, the |
24 | | parties shall be deemed to have satisfied the requirement |
25 | | to engage in mediation before requesting arbitration. In |
26 | | mediation under this Section, if either party requests the |
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1 | | use of mediation services from the Federal Mediation and |
2 | | Conciliation Service, the other party shall either join in |
3 | | such request or bear the additional cost of mediation |
4 | | services from another source. The mediator shall have a |
5 | | duty to keep the Board informed on the progress of the |
6 | | mediation. If any dispute has not been resolved within 15 |
7 | | days after the first meeting of the parties and the |
8 | | mediator or within such other time limit as may be |
9 | | mutually agreed upon by the parties, either the exclusive |
10 | | representative or employer may request of the other, in |
11 | | writing, arbitration, and shall submit a copy of the |
12 | | request to the Board. |
13 | | (2) Within 10 days after such a request for |
14 | | arbitration has been made, the educational employer shall |
15 | | choose a delegate and the employees' exclusive |
16 | | representative shall choose a delegate to a panel of |
17 | | arbitration as provided in this Section. The employer and |
18 | | employees shall forthwith advise the other and the Board |
19 | | of their selections. The parties may agree to waive the |
20 | | tripartite panel and use a sole arbitrator to resolve the |
21 | | dispute. |
22 | | (3) Within 7 days after the request of either party, |
23 | | the parties shall request a panel of impartial arbitrators |
24 | | from which they shall select the neutral chairperson or |
25 | | sole arbitrator according to the procedures provided in |
26 | | this Section. If the parties have agreed to a contract |
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1 | | that contains a grievance resolution procedure, the |
2 | | chairperson or sole arbitrator shall be selected using |
3 | | their agreed contract procedure unless they mutually agree |
4 | | to another procedure. In the absence of an agreed contract |
5 | | procedure for selecting an impartial arbitrator, the |
6 | | parties shall submit a request to the Federal Mediation |
7 | | and Conciliation Services for a panel of 7 arbitrators who |
8 | | are members in good standing with the National Academy of |
9 | | Arbitrators and have issued at least 5 interest |
10 | | arbitration awards arising under either the Illinois |
11 | | Public Labor Relations Act or this Act. The parties shall |
12 | | conduct a coin toss to determine who strikes first, and |
13 | | the parties shall alternately strike arbitrators from the |
14 | | list until one remains. The parties shall promptly notify |
15 | | the Board of their selection. |
16 | | (4) The chairperson or sole arbitrator shall call a |
17 | | hearing to begin within 15 days or as otherwise mutually |
18 | | agreed upon by the parties and give reasonable notice of |
19 | | the time and place of the hearing. The hearing shall be |
20 | | held at the offices of the Board or at such other location |
21 | | as mutually agreed upon by the parties. The chairperson or |
22 | | sole arbitrator shall preside over the hearing and shall |
23 | | take testimony. Any oral or documentary evidence and other |
24 | | data deemed relevant by the arbitration panel or sole |
25 | | arbitrator may be received in evidence. The proceedings |
26 | | shall be informal. Technical rules of evidence shall not |
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1 | | apply and the competency of the evidence shall not thereby |
2 | | be deemed impaired. A verbatim record of the proceedings |
3 | | shall be made and the arbitrator shall arrange for the |
4 | | necessary recording service. Transcripts may be ordered at |
5 | | the expense of the party ordering them, but the |
6 | | transcripts shall not be necessary for a decision by the |
7 | | arbitration panel or sole arbitrator. The expense of the |
8 | | proceedings, including a fee for the chairperson or sole |
9 | | arbitrator, shall be borne equally by each of the parties |
10 | | to the dispute. The delegates, if educational employees, |
11 | | shall continue on the payroll of the educational employer |
12 | | without loss of pay. The hearing conducted by the |
13 | | arbitration panel or sole arbitrator may be adjourned from |
14 | | time to time, but, unless otherwise agreed by the parties, |
15 | | shall be concluded within 30 days after the time of its |
16 | | commencement. Majority actions and rulings shall |
17 | | constitute the actions and rulings of the arbitration |
18 | | panel. Arbitration proceedings under this Section shall |
19 | | not be interrupted or terminated by reason of any unfair |
20 | | labor practice charge filed by either party at any time. |
21 | | (5) The arbitration panel or sole arbitrator may |
22 | | administer oaths, require the attendance of witnesses and |
23 | | the production of such books, papers, contracts, |
24 | | agreements, and documents as may be deemed by it material |
25 | | to a just determination of the issues in dispute, and, for |
26 | | such purpose, may issue subpoenas. If any person refuses |
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1 | | to obey a subpoena or refuses to be sworn or to testify or |
2 | | if any witness, party, or attorney is guilty of contempt |
3 | | while in attendance at any hearing, the arbitration panel |
4 | | or sole arbitrator may, or the Attorney General if |
5 | | requested shall, invoke the aid of any circuit court |
6 | | within the jurisdiction in which the hearing is being |
7 | | held, which court shall issue an appropriate order. Any |
8 | | failure to obey the order may be punished by the court as |
9 | | contempt. |
10 | | (6) At any time before the rendering of an award, the |
11 | | chairperson of the arbitration panel or sole arbitrator, |
12 | | if he or she is of the opinion that it would be useful or |
13 | | beneficial to do so, may remand the dispute to the parties |
14 | | for further collective bargaining for a period not to |
15 | | exceed 2 weeks. If the dispute is remanded for further |
16 | | collective bargaining, the time provisions of this Act |
17 | | shall be extended for a time period equal to that of the |
18 | | remand. The chairperson of the panel of arbitration or |
19 | | sole arbitrator shall notify the Board of the remand. |
20 | | (7) At or before the conclusion of the hearing held |
21 | | pursuant to paragraph (4), the arbitration panel or sole |
22 | | arbitrator shall identify the economic issues in dispute |
23 | | and direct each of the parties to submit, within such time |
24 | | limit as the panel shall prescribe, to the arbitration |
25 | | panel or sole arbitrator and to each other its last offer |
26 | | of settlement on each economic issue. The determination of |
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1 | | the arbitration panel or sole arbitrator as to the issues |
2 | | in dispute and as to which of these issues are economic |
3 | | shall be conclusive. The arbitration panel or sole |
4 | | arbitrator, within 30 days after the conclusion of the |
5 | | hearing or such further additional periods to which the |
6 | | parties may agree, shall make written findings of fact and |
7 | | promulgate a written opinion and shall mail or otherwise |
8 | | deliver a true copy thereof to the parties and their |
9 | | representatives and to the Board. As to each economic |
10 | | issue, the arbitration panel or sole arbitrator shall |
11 | | adopt the last offer of settlement that, in the opinion of |
12 | | the arbitration panel or sole arbitrator, more nearly |
13 | | complies with the applicable factors prescribed in |
14 | | paragraph (8). The findings, opinions, and order as to all |
15 | | other issues shall be based upon the applicable factors |
16 | | prescribed in paragraph (8). |
17 | | (8) If there is no agreement between the parties or if |
18 | | there is an agreement but the parties have begun |
19 | | negotiations or discussions looking to a new agreement or |
20 | | amendment of the existing agreement and wage rates or |
21 | | other conditions of employment under the proposed new or |
22 | | amended agreement are in dispute, the arbitration panel or |
23 | | sole arbitrator shall base its findings, opinions, and |
24 | | order upon the following factors, as applicable: |
25 | | (A) the lawful authority of the employer; |
26 | | (B) the federal and State statutes or local
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1 | | ordinances and resolutions applicable to the employer |
2 | | or employees; |
3 | | (C) prior collective bargaining agreements and
the |
4 | | bargaining history between the parties; |
5 | | (D) stipulations of the parties; |
6 | | (E) the interests and welfare of the public and
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7 | | the students and families served by the employer; |
8 | | (F) the employer's financial ability to fund the
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9 | | proposals based on existing available resources, |
10 | | provided that such ability is not predicated on an |
11 | | assumption that lines of credit or reserve funds are |
12 | | available or that the employer may or will receive or |
13 | | develop new sources of revenue or increase existing |
14 | | sources of revenue; |
15 | | (G) the impact of any economic adjustments on the
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16 | | employer's ability to pursue its educational mission; |
17 | | (H) the present and future general economic
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18 | | conditions in the locality and State; |
19 | | (I) a comparison of the wages, hours, and
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20 | | conditions of employment of the employees involved in |
21 | | the dispute with the wages, hours, and conditions of |
22 | | employment of employees performing similar services in |
23 | | public education in comparable communities; |
24 | | (J) the average consumer prices in urban areas
for |
25 | | goods and services, which is commonly known as the |
26 | | cost of living; |
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1 | | (K) the overall compensation presently received
by |
2 | | the employees involved in the dispute and by all other |
3 | | employees who are employed by the educational |
4 | | employer, including direct wage compensation; |
5 | | vacations, holidays, and other excused time; insurance |
6 | | and pensions; medical and hospitalization benefits; |
7 | | the continuity and stability of employment and all |
8 | | other benefits received; and how each party's proposed |
9 | | compensation structure supports the educational goals |
10 | | of the district; |
11 | | (L) changes in any of the circumstances listed in
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12 | | items (A) through (K) of this paragraph (8) during the |
13 | | arbitration proceedings; |
14 | | (M) the effect that any term the parties are at
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15 | | impasse on has or may have on the overall educational |
16 | | environment, learning conditions, and working |
17 | | conditions with the school district; |
18 | | (N) the effect that any term the parties are at
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19 | | impasse on has or may have in promoting the public |
20 | | policy of this State; and |
21 | | (O) such other factors, not confined to the |
22 | | foregoing, that are normally or traditionally taken in |
23 | | consideration in the determination of wages, hours, |
24 | | and conditions of employment through voluntary |
25 | | collective bargaining, mediation, fact-finding, or |
26 | | arbitration or otherwise between the parties in the |
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1 | | public service or private employment. |
2 | | (9) Arbitration procedures shall be deemed to be |
3 | | initiated by the filing of a letter requesting mediation |
4 | | as required under paragraph (1). The commencement of a new |
5 | | fiscal year after the initiation of arbitration procedures |
6 | | under this Act but before the arbitration decision or its |
7 | | enforcement shall not be deemed to render a dispute moot |
8 | | or to otherwise impair the jurisdiction or authority of |
9 | | the arbitration panel or sole arbitrator or its decision. |
10 | | Increases in rates of compensation awarded by the |
11 | | arbitration panel or sole arbitrator may be effective only |
12 | | at the start of the fiscal year next commencing after the |
13 | | date of the arbitration award. If a new fiscal year has |
14 | | commenced either since the initiation of arbitration |
15 | | procedures under this Act or since any mutually agreed |
16 | | extension of the statutorily required period of mediation |
17 | | under this Act by the parties to the labor dispute causing |
18 | | a delay in the initiation of arbitration, the foregoing |
19 | | limitations shall be inapplicable, and such awarded |
20 | | increases may be retroactive to the commencement of the |
21 | | fiscal year, any other statute or charter provisions to |
22 | | the contrary, notwithstanding. At any time the parties, by |
23 | | stipulation, may amend or modify an award of arbitration. |
24 | | (10) Orders of the arbitration panel or sole |
25 | | arbitrator shall be reviewable, upon appropriate petition |
26 | | by either the educational employer or the exclusive |
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1 | | bargaining representative, by the circuit court for the |
2 | | county in which the dispute arose or in which a majority of |
3 | | the affected employees reside but only for reasons that |
4 | | the arbitration panel or sole arbitrator was without or |
5 | | exceeded its statutory authority; the order is arbitrary |
6 | | or capricious; or the order was procured by fraud, |
7 | | collusion, or other similar and unlawful means. Such |
8 | | petitions for review must be filed with the appropriate |
9 | | circuit court within 90 days following the issuance of the |
10 | | arbitration order. The pendency of such proceeding for |
11 | | review shall not automatically stay the order of the |
12 | | arbitration panel or sole arbitrator. The party against |
13 | | whom the final decision of any such court shall be |
14 | | adverse, if such court finds such appeal or petition to be |
15 | | frivolous, shall pay reasonable attorney's fees and costs |
16 | | to the successful party, as determined by the court in its |
17 | | discretion. If the court's decision affirms the award of |
18 | | money, such award, if retroactive, shall bear interest at |
19 | | the rate of 12% per annum from the effective retroactive |
20 | | date. |
21 | | (11) During the pendency of proceedings before the |
22 | | arbitration panel or sole arbitrator, existing wages, |
23 | | hours, and other conditions of employment shall not be |
24 | | changed by action of either party without the consent of |
25 | | the other, but a party may so consent without prejudice to |
26 | | his or her rights or position under this Act. The |
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1 | | proceedings are deemed to be pending before the |
2 | | arbitration panel or sole arbitrator upon the initiation |
3 | | of arbitration procedures under this Act.
The educational |
4 | | employees covered by this subsection (e) may not withhold |
5 | | services, nor may educational employers lock out or |
6 | | prevent such employees from performing services at any |
7 | | time. |
8 | | (12) All of the terms decided upon by the arbitration |
9 | | panel or sole arbitrator shall be included in an agreement |
10 | | to be submitted to the educational employer's governing |
11 | | body for ratification and adoption by law, ordinance, or |
12 | | the equivalent appropriate means. |
13 | | The governing body shall review each term decided by |
14 | | the arbitration panel or sole arbitrator. If the governing |
15 | | body fails to reject one or more terms of the arbitration |
16 | | panel's or sole arbitrator's decision by a three-fifths |
17 | | vote of those duly elected and qualified members of the |
18 | | governing body at the next regularly scheduled meeting of |
19 | | the governing body after issuance, such term or terms |
20 | | shall become a part of the collective bargaining agreement |
21 | | of the parties. If the governing body affirmatively |
22 | | rejects one or more terms of the arbitration panel's or |
23 | | sole arbitrator's decision, it must provide written |
24 | | reasons for such rejection with respect to each term so |
25 | | rejected, within 20 days after such rejection and the |
26 | | parties shall return to the arbitration panel or sole |
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1 | | arbitrator for further proceedings and issuance of a |
2 | | supplemental decision with respect to the rejected terms. |
3 | | Any supplemental decision by an arbitration panel, sole |
4 | | arbitrator, or other decision maker agreed to by the |
5 | | parties shall be final and binding on the parties. The |
6 | | voting requirements of this subsection (e) shall apply to |
7 | | all disputes submitted to arbitration pursuant to this |
8 | | Section, notwithstanding any contrary voting requirements |
9 | | contained in any existing collective bargaining agreement |
10 | | between the parties. |
11 | | (13) If the governing body of the employer votes to |
12 | | reject the panel's or sole arbitrator's decision, the |
13 | | parties shall return to the panel or sole arbitrator |
14 | | within 30 days from the issuance of the reasons for |
15 | | rejection for further proceedings and issuance of a final |
16 | | and binding supplemental decision. All reasonable costs of |
17 | | such supplemental proceeding, including the exclusive |
18 | | representative's reasonable attorney's fees, as |
19 | | established by the Board, shall be paid by the educational |
20 | | employer. |
21 | | (14) Notwithstanding the other provisions of this |
22 | | subsection (e), the educational employer and exclusive |
23 | | representative may agree to submit unresolved disputes |
24 | | concerning wages, hours, terms, and conditions of |
25 | | employment to an alternative form of impasse resolution. |
26 | | (15) The costs of mediation and arbitration shall be |
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1 | | shared equally between the educational employer and the |
2 | | exclusive bargaining agent, provided that, for purposes of |
3 | | mediation under this Act, if either party requests the use |
4 | | of mediation services from the Federal Mediation and |
5 | | Conciliation Service, the other party shall either join in |
6 | | such request or bear the additional cost of mediation |
7 | | services from another source. All other costs and expenses |
8 | | of complying with this Section must be borne by the party |
9 | | incurring them, except as otherwise expressly provided in |
10 | | this subsection (e). |
11 | | If an educational employer or exclusive bargaining |
12 | | representative refuses to participate in mediation or |
13 | | arbitration when required by this Section, the refusal shall |
14 | | be deemed a refusal to bargain in good faith. |
15 | | Nothing in this Act prevents an employer and an exclusive |
16 | | bargaining representative who are not subject to mandatory |
17 | | arbitration under this subsection (e) from mutually submitting |
18 | | to final and binding impartial arbitration unresolved issues |
19 | | concerning the terms of a new collective bargaining agreement. |
20 | | This subsection (e) applies only to collective bargaining |
21 | | agreements entered into, modified, extended, or renewed on or |
22 | | after the effective date of this amendatory Act of the 103rd |
23 | | General Assembly. |
24 | | (Source: P.A. 101-664, eff. 4-2-21.)
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