093_HB3903

                                     LRB093 14168 NHT 19661 b

 1        AN ACT regarding educational labor relations.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois Educational Labor Relations Act
 5    is amended by changing Section 13 as follows:

 6        (115 ILCS 5/13) (from Ch. 48, par. 1713)
 7        Sec. 13.  Strikes and lockouts.
 8        (a)  Notwithstanding the existence of any other provision
 9    in this Act or other law, educational employees  employed  in
10    school  districts  organized  under  Article 34 of the School
11    Code shall not engage in a strike at any time during  the  18
12    month  period  that  commences  on the effective date of this
13    amendatory Act of 1995.  An educational employee employed  in
14    a  school  district  organized under Article 34 of the School
15    Code who participates  in  a  strike  in  violation  of  this
16    Section  is  subject  to  discipline  by  the  employer.   In
17    addition,  no educational employer organized under Article 34
18    of the School Code  may  pay  or  cause  to  be  paid  to  an
19    educational   employee   who  participates  in  a  strike  in
20    violation of this subsection any wages or other  compensation
21    for   any   period   during  which  an  educational  employee
22    participates in the strike, except for wages or  compensation
23    earned  before  participation in the strike.  Notwithstanding
24    the existence of any other provision in  this  Act  or  other
25    law,  during  the 18-month period that strikes are prohibited
26    under this subsection nothing in  this  subsection  shall  be
27    construed  to  require an educational employer to submit to a
28    binding dispute resolution process.
29        (b)  Notwithstanding the existence of any other provision
30    in this Act or any other  law,  educational  employees  other
31    than  those  employed  in  a  school district organized under
 
                            -2-      LRB093 14168 NHT 19661 b
 1    Article 34 of the School Code and, after  the  expiration  of
 2    the  18  month period that commences on the effective date of
 3    this amendatory Act  of  1995,  educational  employees  in  a
 4    school district organized under Article 34 of the School Code
 5    shall  not  engage  in  a  strike  except under the following
 6    conditions:
 7             (1)   they   are   represented   by   an   exclusive
 8        bargaining representative;
 9             (2)   mediation has been used without success;
10             (3)   at least 10 days have elapsed after  a  notice
11        of  intent  to  strike  has  been  given by the exclusive
12        bargaining representative to  the  educational  employer,
13        the  regional superintendent and the Illinois Educational
14        Labor Relations Board;
15             (4)   the collective  bargaining  agreement  between
16        the  educational  employer  and educational employees, if
17        any, has expired; and
18             (5)   the  employer  and  the  exclusive  bargaining
19        representative have not mutually submitted the unresolved
20        issues to arbitration.
21        If, however, in the opinion of an employer the strike  is
22    or  has  become  a  clear and present danger to the health or
23    safety of the  public,  the  employer  may  initiate  in  the
24    circuit  court  of  the county in which such danger exists an
25    action for relief which may include, but is not  limited  to,
26    injunction.   The court may grant appropriate relief upon the
27    finding that such clear and present danger exists.  An unfair
28    practice or other evidence of lack  of  clean  hands  by  the
29    educational  employer is a defense to such action.  Except as
30    provided for in this paragraph, the jurisdiction of the court
31    under this Section is limited by the Labor Dispute Act.
32        (c)  Notwithstanding the existence of any other provision
33    in  this  Act  or  any  other  law,  with  regard  to  school
34    districts, an educational employee may not engage in a strike
 
                            -3-      LRB093 14168 NHT 19661 b
 1    and an educational employer may not institute  a  lockout  if
 2    that  action would cause an interruption of ongoing essential
 3    educational  services.   It  is  unlawful  for  a  person  to
 4    instigate or induce or conspire with or encourage a person to
 5    engage in a strike, lockout, slowdown, or  work  stoppage  if
 6    that  action would cause an interruption of ongoing essential
 7    educational  services.   Nothing  in  this   subsection   (c)
 8    prohibits  a strike or lockout that began before the start of
 9    the school year.
10    (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.