HB3313 EngrossedLRB103 30977 DTM 57570 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 Sections 11 and 14 and by adding Section
611.5 as follows:
7    (5 ILCS 315/11)  (from Ch. 48, par. 1611)
8    Sec. 11. Unfair labor practice procedures. Unfair labor
9practices may be dealt with by the Board in the following
11    (a) Whenever it is charged that any person has engaged in
12or is engaging in any unfair labor practice, the Board or any
13agent designated by the Board for such purposes, shall conduct
14an investigation of the charge. If after such investigation
15the Board finds that the charge involves a dispositive issue
16of law or fact the Board shall issue a complaint and cause to
17be served upon the person a complaint stating the charges,
18accompanied by a notice of hearing before the Board or a member
19thereof designated by the Board, or before a qualified hearing
20officer designated by the Board at the offices of the Board or
21such other location as the Board deems appropriate, not less
22than 5 days after serving of such complaint provided that no
23complaint shall issue based upon any unfair labor practice



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1occurring more than six months prior to the filing of a charge
2with the Board and the service of a copy thereof upon the
3person against whom the charge is made, unless the person
4aggrieved thereby did not reasonably have knowledge of the
5alleged unfair labor practice or was prevented from filing
6such a charge by reason of service in the armed forces, in
7which event the six month period shall be computed from the
8date of his discharge. Any such complaint may be amended by the
9member or hearing officer conducting the hearing for the Board
10in his discretion at any time prior to the issuance of an order
11based thereon. The person who is the subject of the complaint
12has the right to file an answer to the original or amended
13complaint and to appear in person or by a representative and
14give testimony at the place and time fixed in the complaint. In
15the discretion of the member or hearing officer conducting the
16hearing or the Board, any other person may be allowed to
17intervene in the proceeding and to present testimony. In any
18hearing conducted by the Board, neither the Board nor the
19member or agent conducting the hearing shall be bound by the
20rules of evidence applicable to courts, except as to the rules
21of privilege recognized by law.
22    (b) The Board shall have the power to issue subpoenas and
23administer oaths. If any party wilfully fails or neglects to
24appear or testify or to produce books, papers and records
25pursuant to the issuance of a subpoena by the Board, the Board
26may apply to a court of competent jurisdiction to request that



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1such party be ordered to appear before the Board to testify or
2produce the requested evidence.
3    (c) Any testimony taken by the Board, or a member
4designated by the Board or a hearing officer thereof, must be
5reduced to writing and filed with the Board. A full and
6complete record shall be kept of all proceedings before the
7Board, and all proceedings shall be transcribed by a reporter
8appointed by the Board. The party on whom the burden of proof
9rests shall be required to sustain such burden by a
10preponderance of the evidence. If, upon a preponderance of the
11evidence taken, the Board is of the opinion that any person
12named in the charge has engaged in or is engaging in an unfair
13labor practice, then it shall state its findings of fact and
14shall issue and cause to be served upon the person an order
15requiring him to cease and desist from the unfair labor
16practice, and to take such affirmative action, including
17reinstatement of public employees with or without back pay, as
18will effectuate the policies of this Act. If the Board awards
19back pay, it shall also award interest at the rate of 7% per
20annum. The Board's order may further require the person to
21make reports from time to time, and demonstrate the extent to
22which he has complied with the order. If there is no
23preponderance of evidence to indicate to the Board that the
24person named in the charge has engaged in or is engaging in the
25unfair labor practice, then the Board shall state its findings
26of fact and shall issue an order dismissing the complaint. The



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1Board's order may in its discretion also include an
2appropriate sanction, based on the Board's rules and
3regulations, and the sanction may include an order to pay the
4other party or parties' reasonable expenses including costs
5and reasonable attorney's fee, if the other party has made
6allegations or denials without reasonable cause and found to
7be untrue or has engaged in frivolous litigation for the
8purpose of delay or needless increase in the cost of
9litigation; the State of Illinois or any agency thereof shall
10be subject to the provisions of this sentence in the same
11manner as any other party. The Board shall determine whether a
12violation of paragraph (4) of subsection (a) of Section 10 was
13of a serious enough nature that it may have frustrated the
14purposes of this Act by undermining or significantly impacting
15the collective bargaining process such that other traditional
16remedies may not remedy the violation if the Board is unable to
17order a make-whole remedy. Reasons for such a determination
18include the passage of time, that the violation was of a nature
19that could undermine support for a labor organization, or that
20the violation may otherwise undermine the labor organization's
21bargaining strength. Should the Board make such a
22determination that the violation frustrated the purposes of
23this Act, the Board shall include the availability of interest
24arbitration in its order and, upon request of the charging
25party, the parties must participate in the impasse arbitration
26procedures set forth in Section 14, except that: (i) the right



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1to strike shall not be considered waived pursuant to Section
217 until the actual convening of the arbitration hearing and
3(ii) the commencement of a new fiscal year shall not be deemed
4to impair the jurisdiction or authority of the arbitration
5panel or its decision. The parties continue to have a duty to
6engage in good faith bargaining during the pendency of impasse
7arbitration procedures.
8    (d) Until the record in a case has been filed in court, the
9Board at any time, upon reasonable notice and in such manner as
10it deems proper, may modify or set aside, in whole or in part,
11any finding or order made or issued by it.
12    (e) A charging party or any person aggrieved by a final
13order of the Board granting or denying in whole or in part the
14relief sought may apply for and obtain judicial review of an
15order of the Board entered under this Act, in accordance with
16the provisions of the Administrative Review Law, as now or
17hereafter amended, except that such judicial review shall be
18afforded directly in the appellate court for the district in
19which the aggrieved party resides or transacts business, and
20provided, that such judicial review shall not be available for
21the purpose of challenging a final order issued by the Board
22pursuant to Section 9 of this Act for which judicial review has
23been petitioned pursuant to subsection (i) of Section 9. Any
24direct appeal to the Appellate Court shall be filed within 35
25days from the date that a copy of the decision sought to be
26reviewed was served upon the party affected by the decision.



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1The filing of such an appeal to the Appellate Court shall not
2automatically stay the enforcement of the Board's order. An
3aggrieved party may apply to the Appellate Court for a stay of
4the enforcement of the Board's order after the aggrieved party
5has followed the procedure prescribed by Supreme Court Rule
6335. The Board in proceedings under this Section may obtain an
7order of the court for the enforcement of its order.
8    (f) Whenever it appears that any person has violated a
9final order of the Board issued pursuant to this Section, the
10Board must commence an action in the name of the People of the
11State of Illinois by petition, alleging the violation,
12attaching a copy of the order of the Board, and praying for the
13issuance of an order directing the person, his officers,
14agents, servants, successors, and assigns to comply with the
15order of the Board. The Board shall be represented in this
16action by the Attorney General in accordance with the Attorney
17General Act. The court may grant or refuse, in whole or in
18part, the relief sought, provided that the court may stay an
19order of the Board in accordance with the Administrative
20Review Law, pending disposition of the proceedings. The court
21may punish a violation of its order as in civil contempt.
22    (g) The proceedings provided in paragraph (f) of this
23Section shall be commenced in the Appellate Court for the
24district where the unfair labor practice which is the subject
25of the Board's order was committed, or where a person required
26to cease and desist by such order resides or transacts



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2    (h) The Board through the Attorney General, shall have
3power, upon issuance of an unfair labor practice complaint
4alleging that a person has engaged in or is engaging in an
5unfair labor practice, to petition the circuit court where the
6alleged unfair labor practice which is the subject of the
7Board's complaint was allegedly committed, or where a person
8required to cease and desist from such alleged unfair labor
9practice resides or transacts business, for appropriate
10temporary relief or restraining order. Upon the filing of any
11such petition, the court shall cause notice thereof to be
12served upon such persons, and thereupon shall have
13jurisdiction to grant to the Board such temporary relief or
14restraining order as it deems just and proper.
15    (i) If an unfair labor practice charge involves the
16interpretation or application of a collective bargaining
17agreement and said agreement contains a grievance procedure
18with binding arbitration as its terminal step, the Board may
19defer the resolution of such dispute to the grievance and
20arbitration procedure contained in said agreement.
21(Source: P.A. 100-516, eff. 9-22-17.)
22    (5 ILCS 315/11.5 new)
23    Sec. 11.5. Make-whole relief.
24    (a) The Board may order make-whole relief, including, but
25not limited to, consequential damages and front pay for



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1injuries suffered by employees or a labor organization as a
2result of an unfair labor practice. In determining appropriate
3relief for a violation of paragraph (4) of subsection (a) of
4Section 10 serious enough to have frustrated the purposes of
5the Act and that may have undermined or significantly impacted
6the collective bargaining process, the Board shall take into
7consideration factors that normally determine the outcome of
8collective bargaining when such bargaining has been conducted
9in good faith.
10    (b) Violators of subsection (a) of Section 10 shall also
11be subject to liquidated damages in an amount equal to any
12monetary make-whole relief ordered by the Board unless the
13employer can show it acted in good faith and had reasonable
14grounds to believe it was acting in compliance with this Act.
15    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
16    Sec. 14. Security employee, peace officer and fire fighter
18    (a) In the case of collective bargaining agreements
19involving units of security employees of a public employer,
20Peace Officer Units, or units of fire fighters or paramedics,
21and in the case of disputes under Sections 11 and Section 18,
22unless the parties mutually agree to some other time limit,
23mediation shall commence 30 days prior to the expiration date
24of such agreement or at such later time as the mediation
25services chosen under subsection (b) of Section 12 can be



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1provided to the parties. In the case of negotiations for an
2initial collective bargaining agreement, mediation shall
3commence upon 15 days notice from either party or at such later
4time as the mediation services chosen pursuant to subsection
5(b) of Section 12 can be provided to the parties. In mediation
6under this Section, if either party requests the use of
7mediation services from the Federal Mediation and Conciliation
8Service, the other party shall either join in such request or
9bear the additional cost of mediation services from another
10source. The mediator shall have a duty to keep the Board
11informed on the progress of the mediation. If any dispute has
12not been resolved within 15 days after the first meeting of the
13parties and the mediator, or within such other time limit as
14may be mutually agreed upon by the parties, either the
15exclusive representative or employer may request of the other,
16in writing, arbitration, and shall submit a copy of the
17request to the Board.
18    (b) Within 10 days after such a request for arbitration
19has been made, the employer shall choose a delegate and the
20employees' exclusive representative shall choose a delegate to
21a panel of arbitration as provided in this Section. The
22employer and employees shall forthwith advise the other and
23the Board of their selections.
24    (c) Within 7 days after the request of either party, the
25parties shall request a panel of impartial arbitrators from
26which they shall select the neutral chairman according to the



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1procedures provided in this Section. If the parties have
2agreed to a contract that contains a grievance resolution
3procedure as provided in Section 8, the chairman shall be
4selected using their agreed contract procedure unless they
5mutually agree to another procedure. If the parties fail to
6notify the Board of their selection of neutral chairman within
77 days after receipt of the list of impartial arbitrators, the
8Board shall appoint, at random, a neutral chairman from the
9list. In the absence of an agreed contract procedure for
10selecting an impartial arbitrator, either party may request a
11panel from the Board. Within 7 days of the request of either
12party, the Board shall select from the Public Employees Labor
13Mediation Roster 7 persons who are on the labor arbitration
14panels of either the American Arbitration Association or the
15Federal Mediation and Conciliation Service, or who are members
16of the National Academy of Arbitrators, as nominees for
17impartial arbitrator of the arbitration panel. The parties may
18select an individual on the list provided by the Board or any
19other individual mutually agreed upon by the parties. Within 7
20days following the receipt of the list, the parties shall
21notify the Board of the person they have selected. Unless the
22parties agree on an alternate selection procedure, they shall
23alternatively strike one name from the list provided by the
24Board until only one name remains. A coin toss shall determine
25which party shall strike the first name. If the parties fail to
26notify the Board in a timely manner of their selection for



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1neutral chairman, the Board shall appoint a neutral chairman
2from the Illinois Public Employees Mediation/Arbitration
4    (d) The chairman shall call a hearing to begin within 15
5days and give reasonable notice of the time and place of the
6hearing. The hearing shall be held at the offices of the Board
7or at such other location as the Board deems appropriate. The
8chairman shall preside over the hearing and shall take
9testimony. Any oral or documentary evidence and other data
10deemed relevant by the arbitration panel may be received in
11evidence. The proceedings shall be informal. Technical rules
12of evidence shall not apply and the competency of the evidence
13shall not thereby be deemed impaired. A verbatim record of the
14proceedings shall be made and the arbitrator shall arrange for
15the necessary recording service. Transcripts may be ordered at
16the expense of the party ordering them, but the transcripts
17shall not be necessary for a decision by the arbitration
18panel. The expense of the proceedings, including a fee for the
19chairman, shall be borne equally by each of the parties to the
20dispute. The delegates, if public officers or employees, shall
21continue on the payroll of the public employer without loss of
22pay. The hearing conducted by the arbitration panel may be
23adjourned from time to time, but unless otherwise agreed by
24the parties, shall be concluded within 30 days of the time of
25its commencement. Majority actions and rulings shall
26constitute the actions and rulings of the arbitration panel.



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1Arbitration proceedings under this Section shall not be
2interrupted or terminated by reason of any unfair labor
3practice charge filed by either party at any time.
4    (e) The arbitration panel may administer oaths, require
5the attendance of witnesses, and the production of such books,
6papers, contracts, agreements and documents as may be deemed
7by it material to a just determination of the issues in
8dispute, and for such purpose may issue subpoenas. If any
9person refuses to obey a subpoena, or refuses to be sworn or to
10testify, or if any witness, party or attorney is guilty of any
11contempt while in attendance at any hearing, the arbitration
12panel may, or the attorney general if requested shall, invoke
13the aid of any circuit court within the jurisdiction in which
14the hearing is being held, which court shall issue an
15appropriate order. Any failure to obey the order may be
16punished by the court as contempt.
17    (f) At any time before the rendering of an award, the
18chairman of the arbitration panel, if he is of the opinion that
19it would be useful or beneficial to do so, may remand the
20dispute to the parties for further collective bargaining for a
21period not to exceed 2 weeks. If the dispute is remanded for
22further collective bargaining the time provisions of this Act
23shall be extended for a time period equal to that of the
24remand. The chairman of the panel of arbitration shall notify
25the Board of the remand.
26    (g) At or before the conclusion of the hearing held



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1pursuant to subsection (d), the arbitration panel shall
2identify the economic issues in dispute, and direct each of
3the parties to submit, within such time limit as the panel
4shall prescribe, to the arbitration panel and to each other
5its last offer of settlement on each economic issue. The
6determination of the arbitration panel as to the issues in
7dispute and as to which of these issues are economic shall be
8conclusive. The arbitration panel, within 30 days after the
9conclusion of the hearing, or such further additional periods
10to which the parties may agree, shall make written findings of
11fact and promulgate a written opinion and shall mail or
12otherwise deliver a true copy thereof to the parties and their
13representatives and to the Board. As to each economic issue,
14the arbitration panel shall adopt the last offer of settlement
15which, in the opinion of the arbitration panel, more nearly
16complies with the applicable factors prescribed in subsection
17(h). The findings, opinions and order as to all other issues
18shall be based upon the applicable factors prescribed in
19subsection (h).
20    (h) Where there is no agreement between the parties, or
21where there is an agreement but the parties have begun
22negotiations or discussions looking to a new agreement or
23amendment of the existing agreement, and wage rates or other
24conditions of employment under the proposed new or amended
25agreement are in dispute, the arbitration panel shall base its
26findings, opinions and order upon the following factors, as



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



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1    consideration in the determination of wages, hours and
2    conditions of employment through voluntary collective
3    bargaining, mediation, fact-finding, arbitration or
4    otherwise between the parties, in the public service or in
5    private employment.
6    (i) In the case of peace officers, the arbitration
7decision shall be limited to wages, hours, and conditions of
8employment (which may include residency requirements in
9municipalities with a population under 100,000, but those
10residency requirements shall not allow residency outside of
11Illinois) and shall not include the following: i) residency
12requirements in municipalities with a population of at least
13100,000; ii) the type of equipment, other than uniforms,
14issued or used; iii) manning; iv) the total number of
15employees employed by the department; v) mutual aid and
16assistance agreements to other units of government; and vi)
17the criterion pursuant to which force, including deadly force,
18can be used; provided, nothing herein shall preclude an
19arbitration decision regarding equipment or manning levels if
20such decision is based on a finding that the equipment or
21manning considerations in a specific work assignment involve a
22serious risk to the safety of a peace officer beyond that which
23is inherent in the normal performance of police duties.
24Limitation of the terms of the arbitration decision pursuant
25to this subsection shall not be construed to limit the factors
26upon which the decision may be based, as set forth in



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1subsection (h).
2    In the case of fire fighter, and fire department or fire
3district paramedic matters, the arbitration decision shall be
4limited to wages, hours, and conditions of employment
5(including manning and also including residency requirements
6in municipalities with a population under 1,000,000, but those
7residency requirements shall not allow residency outside of
8Illinois) and shall not include the following matters: i)
9residency requirements in municipalities with a population of
10at least 1,000,000; ii) the type of equipment (other than
11uniforms and fire fighter turnout gear) issued or used; iii)
12the total number of employees employed by the department; iv)
13mutual aid and assistance agreements to other units of
14government; and v) the criterion pursuant to which force,
15including deadly force, can be used; provided, however,
16nothing herein shall preclude an arbitration decision
17regarding equipment levels if such decision is based on a
18finding that the equipment considerations in a specific work
19assignment involve a serious risk to the safety of a fire
20fighter beyond that which is inherent in the normal
21performance of fire fighter duties. Limitation of the terms of
22the arbitration decision pursuant to this subsection shall not
23be construed to limit the facts upon which the decision may be
24based, as set forth in subsection (h).
25    The changes to this subsection (i) made by Public Act
2690-385 (relating to residency requirements) do not apply to



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



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



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



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



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2    The amendatory changes to this Section made by Public Act
3101-652 take effect July 1, 2022.
4(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)