Rep. Jack D. Franks
Filed: 5/8/2013
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1 | AMENDMENT TO SENATE BILL 104
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2 | AMENDMENT NO. ______. Amend Senate Bill 104 on page 1 by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 3. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Sections 9 and 14 as follows:
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6 | (5 ILCS 315/9) (from Ch. 48, par. 1609)
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7 | Sec. 9. Elections; recognition.
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8 | (a) Whenever in accordance with such
regulations as may be | ||||||
9 | prescribed by the Board a petition has been filed:
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10 | (1) by a public employee or group of public employees | ||||||
11 | or any labor
organization acting in their behalf | ||||||
12 | demonstrating that 30% of the public
employees in an | ||||||
13 | appropriate unit (A) wish to be represented for the
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14 | purposes of collective bargaining by a labor organization | ||||||
15 | as exclusive
representative, or (B) asserting that the | ||||||
16 | labor organization which has been
certified or is currently |
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1 | recognized by the public employer as bargaining
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2 | representative is no longer the representative of the | ||||||
3 | majority of public
employees in the unit; or
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4 | (2) by a public employer alleging that one or more | ||||||
5 | labor organizations
have presented to it a claim that they | ||||||
6 | be recognized as the representative
of a majority of the | ||||||
7 | public employees in an appropriate unit,
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8 | the Board
shall investigate such petition, and if it has | ||||||
9 | reasonable cause to believe
that a question of representation | ||||||
10 | exists, shall provide for an appropriate
hearing upon due | ||||||
11 | notice. Such hearing shall be held at the offices of
the Board | ||||||
12 | or such other location as the Board deems appropriate.
If it | ||||||
13 | finds upon the record of the hearing that a question of
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14 | representation exists, it shall direct an election in | ||||||
15 | accordance with
subsection (d) of this Section, which election | ||||||
16 | shall be held not later than
120 days after the date the | ||||||
17 | petition was filed regardless of whether that
petition was | ||||||
18 | filed before or after the effective date of this amendatory
Act | ||||||
19 | of 1987; provided, however, the Board may extend the time for | ||||||
20 | holding an
election by an additional 60 days if, upon motion by | ||||||
21 | a person who has filed
a petition under this Section or is the | ||||||
22 | subject of a petition filed under
this Section and is a party | ||||||
23 | to such hearing, or upon the Board's own
motion, the Board | ||||||
24 | finds that good cause has been shown for extending the
election | ||||||
25 | date; provided further, that nothing in this Section shall | ||||||
26 | prohibit
the Board, in its discretion, from extending the time |
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1 | for holding an
election for so long as may be necessary under | ||||||
2 | the circumstances, where the
purpose for such extension is to | ||||||
3 | permit resolution by the Board of an
unfair labor practice | ||||||
4 | charge filed by one of the parties to a
representational | ||||||
5 | proceeding against the other based upon conduct which may
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6 | either affect the existence of a question concerning | ||||||
7 | representation or have
a tendency to interfere with a fair and | ||||||
8 | free election, where the party
filing the charge has not filed | ||||||
9 | a request to proceed with the election; and
provided further | ||||||
10 | that prior to the expiration of the total time allotted
for | ||||||
11 | holding an election, a person who has filed a petition under | ||||||
12 | this
Section or is the subject of a petition filed under this | ||||||
13 | Section and is a
party to such hearing or the Board, may move | ||||||
14 | for and obtain the entry
of an order in the circuit court of | ||||||
15 | the county in which the majority of the
public employees sought | ||||||
16 | to be represented by such person reside, such order
extending | ||||||
17 | the date upon which the election shall be held. Such order | ||||||
18 | shall
be issued by the circuit court only upon a judicial | ||||||
19 | finding that there has
been a sufficient showing that there is | ||||||
20 | good cause to extend the election
date beyond such period and | ||||||
21 | shall require the Board to hold the
election as soon as is | ||||||
22 | feasible given the totality of the circumstances.
Such 120 day | ||||||
23 | period may be extended one or more times by the agreement
of | ||||||
24 | all parties to the hearing to a date certain without the | ||||||
25 | necessity of
obtaining a court order. Nothing in this Section | ||||||
26 | prohibits the waiving
of hearings by stipulation for the |
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1 | purpose of a consent election in conformity
with the rules and | ||||||
2 | regulations of the Board or an election in a unit agreed
upon | ||||||
3 | by the parties. Other interested employee organizations may | ||||||
4 | intervene
in the proceedings in the manner and within the time | ||||||
5 | period specified by
rules and regulations of the Board. | ||||||
6 | Interested parties who are necessary
to the proceedings may | ||||||
7 | also intervene in the proceedings in the manner and
within the | ||||||
8 | time period specified by the rules and regulations of the | ||||||
9 | Board.
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10 | (a-5) The Board shall designate an exclusive | ||||||
11 | representative for purposes
of
collective bargaining when the | ||||||
12 | representative demonstrates a showing of
majority interest by | ||||||
13 | employees in the unit. If the parties to a dispute are
without
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14 | agreement on the means to ascertain the choice, if any, of | ||||||
15 | employee
organization
as their representative, the Board shall | ||||||
16 | ascertain the employees' choice of
employee organization, on | ||||||
17 | the basis of dues deduction authorization or other
evidence, | ||||||
18 | or, if necessary, by conducting an election. All evidence | ||||||
19 | submitted by an employee organization to the Board to ascertain | ||||||
20 | an employee's choice of an employee organization is | ||||||
21 | confidential and shall not be submitted to the employer for | ||||||
22 | review. The Board shall ascertain the employee's choice of | ||||||
23 | employee organization within 120 days after the filing of the | ||||||
24 | majority interest petition; however, the Board may extend time | ||||||
25 | by an additional 60 days, upon its own motion or upon the | ||||||
26 | motion of a party to the proceeding. If either party provides
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1 | to the Board, before the designation of a representative, clear | ||||||
2 | and convincing
evidence that the dues deduction | ||||||
3 | authorizations, and other evidence upon which
the Board would | ||||||
4 | otherwise rely to ascertain the employees' choice of
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5 | representative, are fraudulent or were obtained through | ||||||
6 | coercion, the Board
shall promptly thereafter conduct an | ||||||
7 | election. The Board shall also investigate
and consider a | ||||||
8 | party's allegations that the dues deduction authorizations and
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9 | other evidence submitted in support of a designation of | ||||||
10 | representative without
an election were subsequently changed, | ||||||
11 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
12 | coercion, or any other unfair labor practice by the
employer. | ||||||
13 | If the Board determines that a labor organization would have | ||||||
14 | had a
majority interest but for an employer's fraud, coercion, | ||||||
15 | or unfair labor
practice, it shall designate the labor | ||||||
16 | organization as an exclusive
representative without conducting | ||||||
17 | an
election. If a hearing is necessary to resolve any issues of | ||||||
18 | representation under this Section, the Board shall conclude its | ||||||
19 | hearing process and issue a certification of the entire | ||||||
20 | appropriate unit not later than 120 days after the date the | ||||||
21 | petition was filed. The 120-day period may be extended one or | ||||||
22 | more times by the agreement of all parties to a hearing to a | ||||||
23 | date certain.
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24 | (a-6) A labor organization or an employer may file a unit | ||||||
25 | clarification petition seeking to clarify an existing | ||||||
26 | bargaining unit. The Board shall conclude its investigation, |
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1 | including any hearing process deemed necessary, and issue a | ||||||
2 | certification of clarified unit or dismiss the petition not | ||||||
3 | later than 120 days after the date the petition was filed. The | ||||||
4 | 120-day period may be extended one or more times by the | ||||||
5 | agreement of all parties to a hearing to a date certain. | ||||||
6 | (b) The Board shall decide in each case, in order to assure | ||||||
7 | public employees
the fullest freedom in exercising the rights | ||||||
8 | guaranteed by this Act, a unit
appropriate for the purpose of | ||||||
9 | collective bargaining, based upon but not
limited to such | ||||||
10 | factors as: historical pattern of recognition; community
of | ||||||
11 | interest including employee skills and functions; degree of | ||||||
12 | functional
integration; interchangeability and contact among | ||||||
13 | employees; fragmentation
of employee groups; common | ||||||
14 | supervision, wages, hours and other working
conditions of the | ||||||
15 | employees involved; and the desires of the employees.
For | ||||||
16 | purposes of this subsection, fragmentation shall not be the | ||||||
17 | sole or
predominant factor used by the Board in determining an | ||||||
18 | appropriate
bargaining unit. Except with respect to non-State | ||||||
19 | fire fighters and
paramedics employed by fire departments and | ||||||
20 | fire protection districts,
non-State peace officers and peace | ||||||
21 | officers in the State
Department of State Police, a single | ||||||
22 | bargaining unit determined by the
Board may not include both | ||||||
23 | supervisors and nonsupervisors, except for
bargaining units in | ||||||
24 | existence on the effective date of this Act. With
respect to | ||||||
25 | non-State fire fighters and paramedics employed by fire
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26 | departments and fire protection districts, non-State peace |
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1 | officers and
peace officers in the State Department of State | ||||||
2 | Police, a single bargaining
unit determined by the Board may | ||||||
3 | not include both supervisors and
nonsupervisors, except for | ||||||
4 | bargaining units in existence on the effective
date of this | ||||||
5 | amendatory Act of 1985.
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6 | In cases involving an historical pattern of recognition, | ||||||
7 | and in cases where
the employer has recognized the union as the | ||||||
8 | sole and exclusive bargaining
agent for a specified existing | ||||||
9 | unit, the Board shall find the employees
in the unit then | ||||||
10 | represented by the union pursuant to the recognition to
be the | ||||||
11 | appropriate unit.
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12 | Notwithstanding the above factors, where the majority of | ||||||
13 | public employees
of a craft so decide, the Board shall | ||||||
14 | designate such craft as a unit
appropriate for the purposes of | ||||||
15 | collective bargaining.
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16 | The Board shall not decide that any unit is appropriate if | ||||||
17 | such unit
includes both professional and nonprofessional | ||||||
18 | employees, unless a majority
of each group votes for inclusion | ||||||
19 | in such unit.
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20 | (c) Nothing in this Act shall interfere with or negate the | ||||||
21 | current
representation rights or patterns and practices of | ||||||
22 | labor organizations
which have historically represented public | ||||||
23 | employees for the purpose of
collective bargaining, including | ||||||
24 | but not limited to the negotiations of
wages, hours and working | ||||||
25 | conditions, discussions of employees' grievances,
resolution | ||||||
26 | of jurisdictional disputes, or the establishment and |
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1 | maintenance
of prevailing wage rates, unless a majority of | ||||||
2 | employees so represented
express a contrary desire pursuant to | ||||||
3 | the procedures set forth in this Act.
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4 | (d) In instances where the employer does not voluntarily | ||||||
5 | recognize a labor
organization as the exclusive bargaining | ||||||
6 | representative for a unit of
employees, the Board shall | ||||||
7 | determine the majority representative of the
public employees | ||||||
8 | in an appropriate collective bargaining unit by conducting
a | ||||||
9 | secret ballot election, except as otherwise provided in | ||||||
10 | subsection (a-5).
Within 7 days after the Board issues its
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11 | bargaining unit determination and direction of election or the | ||||||
12 | execution of
a stipulation for the purpose of a consent | ||||||
13 | election, the public employer
shall submit to the labor | ||||||
14 | organization the complete names and addresses of
those | ||||||
15 | employees who are determined by the Board to be eligible to
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16 | participate in the election. When the Board has determined that | ||||||
17 | a labor
organization has been fairly and freely chosen by a | ||||||
18 | majority of employees
in an appropriate unit, it shall certify | ||||||
19 | such organization as the exclusive
representative. If the Board | ||||||
20 | determines that a majority of employees in an
appropriate unit | ||||||
21 | has fairly and freely chosen not to be represented by a
labor | ||||||
22 | organization, it shall so certify. The Board may also revoke | ||||||
23 | the
certification of the public employee organizations as | ||||||
24 | exclusive bargaining
representatives which have been found by a | ||||||
25 | secret ballot election to be no
longer the majority | ||||||
26 | representative.
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1 | (e) The Board shall not conduct an election in any | ||||||
2 | bargaining unit or
any subdivision thereof within which a valid | ||||||
3 | election has been held in the
preceding 12-month period. The | ||||||
4 | Board shall determine who is eligible to
vote in an election | ||||||
5 | and shall establish rules governing the conduct of the
election | ||||||
6 | or conduct affecting the results of the election. The Board | ||||||
7 | shall
include on a ballot in a representation election a choice | ||||||
8 | of "no
representation". A labor organization currently | ||||||
9 | representing the bargaining
unit of employees shall be placed | ||||||
10 | on the ballot in any representation
election. In any election | ||||||
11 | where none of the choices on the ballot receives
a majority, a | ||||||
12 | runoff election shall be conducted between the 2 choices
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13 | receiving the largest number of valid votes cast in the | ||||||
14 | election. A labor
organization which receives a majority of the | ||||||
15 | votes cast in an election
shall be certified by the Board as | ||||||
16 | exclusive representative of all public
employees in the unit.
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17 | (f) A labor
organization shall be designated as the | ||||||
18 | exclusive representative by a
public employer, provided that | ||||||
19 | the labor
organization represents a majority of the public | ||||||
20 | employees in an
appropriate unit. Any employee organization | ||||||
21 | which is designated or selected
by the majority of public | ||||||
22 | employees, in a unit of the public employer
having no other | ||||||
23 | recognized or certified representative, as their
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24 | representative for purposes of collective bargaining may | ||||||
25 | request
recognition by the public employer in writing. The | ||||||
26 | public employer shall
post such request for a period of at |
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1 | least 20 days following its receipt
thereof on bulletin boards | ||||||
2 | or other places used or reserved for employee
notices.
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3 | (g) Within the 20-day period any other interested employee | ||||||
4 | organization
may petition the Board in the manner specified by | ||||||
5 | rules and regulations
of the Board, provided that such | ||||||
6 | interested employee organization has been
designated by at | ||||||
7 | least 10% of the employees in an appropriate bargaining
unit | ||||||
8 | which includes all or some of the employees in the unit | ||||||
9 | recognized
by the employer. In such event, the Board shall | ||||||
10 | proceed with the petition
in the same manner as provided by | ||||||
11 | paragraph (1) of subsection (a) of this
Section.
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12 | (h) No election shall be directed by the Board in any | ||||||
13 | bargaining unit
where there is in force a valid collective | ||||||
14 | bargaining agreement or after an interest arbitrator has been | ||||||
15 | appointed pursuant to the impasse resolution procedures in | ||||||
16 | Section 14 of this Act . The Board,
however, may process an | ||||||
17 | election petition filed between 90 and 60 days prior
to the | ||||||
18 | expiration of the date of an agreement, and may further refine, | ||||||
19 | by
rule or decision, the implementation of this provision.
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20 | Where more than 4 years have elapsed since the effective date | ||||||
21 | of the agreement,
the agreement shall continue to bar an | ||||||
22 | election, except that the Board may
process an election | ||||||
23 | petition filed between 90 and 60 days prior to the end of
the | ||||||
24 | fifth year of such an agreement, and between 90 and 60 days | ||||||
25 | prior to the
end of each successive year of such agreement.
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26 | (i) An order of the Board dismissing a representation |
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1 | petition,
determining and certifying that a labor organization | ||||||
2 | has been fairly and
freely chosen by a majority of employees in | ||||||
3 | an appropriate bargaining unit,
determining and certifying | ||||||
4 | that a labor organization has not been fairly
and freely chosen | ||||||
5 | by a majority of employees in the bargaining unit or
certifying | ||||||
6 | a labor organization as the exclusive representative of
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7 | employees in an appropriate bargaining unit because of a | ||||||
8 | determination by
the Board that the labor organization is the | ||||||
9 | historical bargaining
representative of employees in the | ||||||
10 | bargaining unit, is a final order. Any
person aggrieved by any | ||||||
11 | such order issued on or after the effective date of
this | ||||||
12 | amendatory Act of 1987 may apply for and obtain judicial review | ||||||
13 | in
accordance with provisions of the Administrative Review Law, | ||||||
14 | as now or
hereafter amended, except that such review shall be | ||||||
15 | afforded directly in
the Appellate Court for the district in | ||||||
16 | which the aggrieved party resides
or transacts business.
Any | ||||||
17 | direct appeal to the Appellate Court shall be filed within 35 | ||||||
18 | days from
the date that a copy of the decision sought to be | ||||||
19 | reviewed was served upon the
party affected by the decision.
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20 | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
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21 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
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22 | Sec. 14. Security Employee, Peace Officer and Fire Fighter | ||||||
23 | Disputes.
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24 | (a) In the case of collective bargaining agreements | ||||||
25 | involving units of
security employees of a public employer, |
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1 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
2 | and in the case of disputes under Section 18,
unless the | ||||||
3 | parties mutually agree to some other time limit, mediation
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4 | shall commence 30 days prior to the expiration date of such | ||||||
5 | agreement or
at such later time as the mediation services | ||||||
6 | chosen under subsection (b) of
Section 12 can be provided to | ||||||
7 | the parties. In the case of negotiations
for an initial | ||||||
8 | collective bargaining agreement, mediation shall commence
upon | ||||||
9 | 15 days notice from either party or at such later time as the
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10 | mediation services chosen pursuant to subsection (b) of Section | ||||||
11 | 12 can be
provided to the parties. In mediation under this | ||||||
12 | Section, if either party
requests the use of mediation services | ||||||
13 | from the Federal Mediation and
Conciliation Service, the other | ||||||
14 | party shall either join in such request or
bear the additional | ||||||
15 | cost of mediation services from another source. The
mediator | ||||||
16 | shall have a duty to keep the Board informed on the progress of
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17 | the mediation. If any dispute has not been resolved within 15 | ||||||
18 | days after
the first meeting of the parties and the mediator, | ||||||
19 | or within such other
time limit as may be mutually agreed upon | ||||||
20 | by the parties, either the
exclusive representative or employer | ||||||
21 | may request of the other, in writing,
arbitration, and shall | ||||||
22 | submit a copy of the request to the Board.
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23 | (b) Within 10 days after such a request for arbitration has | ||||||
24 | been
made, the employer shall choose a delegate and
the | ||||||
25 | employees' exclusive representative shall choose a delegate to | ||||||
26 | a panel
of arbitration as provided in this Section. The |
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1 | employer and employees
shall forthwith advise the other and the | ||||||
2 | Board of their selections.
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3 | (c) Within 7 days after the request of either party, the | ||||||
4 | parties shall request a panel of impartial arbitrators from | ||||||
5 | which they shall select the neutral chairman according to the | ||||||
6 | procedures provided in this Section. If the parties have agreed | ||||||
7 | to a contract that contains a grievance resolution procedure as | ||||||
8 | provided in Section 8, the chairman shall be selected using | ||||||
9 | their agreed contract procedure unless they mutually agree to | ||||||
10 | another procedure. If the parties fail to notify the Board of | ||||||
11 | their selection of neutral chairman within 7 days after receipt | ||||||
12 | of the list of impartial arbitrators, the Board shall appoint, | ||||||
13 | at random, a neutral chairman from the list. In the absence of | ||||||
14 | an agreed contract procedure for selecting an impartial | ||||||
15 | arbitrator, either party may request a panel from the Board. | ||||||
16 | Notwithstanding the preceding paragraph in this subsection | ||||||
17 | (c), for peace officer units and security employee units only, | ||||||
18 | within 7 days after the request of either party to proceed to | ||||||
19 | arbitration, the parties shall request a panel of impartial | ||||||
20 | arbitrators from which they shall select the neutral chairman, | ||||||
21 | unless the parties have mutually agreed upon an arbitrator or | ||||||
22 | have negotiated a contract procedure for selecting an impartial | ||||||
23 | interest arbitrator. In the absence of mutual agreement or an | ||||||
24 | agreed contract procedure for selecting an impartial | ||||||
25 | arbitrator, either party may request a panel from the Board. If | ||||||
26 | the parties fail to notify the Board of their selection of a |
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1 | neutral chairman within 7 days after receipt of the list of | ||||||
2 | impartial arbitrators, the Board shall appoint, at random, a | ||||||
3 | neutral chairman from the list. | ||||||
4 | Within 7 days of the request of either party, the Board | ||||||
5 | shall select
from the Public Employees Labor Mediation Roster 7 | ||||||
6 | persons who are on the
labor arbitration panels of either the | ||||||
7 | American Arbitration Association or
the Federal Mediation and | ||||||
8 | Conciliation Service, or who are members of the
National | ||||||
9 | Academy of Arbitrators, as nominees for
impartial arbitrator of | ||||||
10 | the arbitration panel. The parties may select an
individual on | ||||||
11 | the list provided by the Board or any other individual
mutually | ||||||
12 | agreed upon by the parties. Within 7 days following the receipt
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13 | of the list, the parties shall notify the Board of the person | ||||||
14 | they have
selected. Unless the parties agree on an alternate | ||||||
15 | selection procedure,
they shall alternatively strike one name | ||||||
16 | from the list provided by the
Board until only one name | ||||||
17 | remains. A coin toss shall determine which party
shall strike | ||||||
18 | the first name. If the parties fail to notify the Board in a
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19 | timely manner of their selection for neutral chairman, the | ||||||
20 | Board shall
appoint a neutral chairman from the Illinois Public | ||||||
21 | Employees
Mediation/Arbitration Roster.
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22 | (d) The chairman shall call a hearing to begin within 15 | ||||||
23 | days and give
reasonable notice of the time and place of the | ||||||
24 | hearing. The hearing
shall be held at the offices of the Board | ||||||
25 | or at such other location as the
Board deems appropriate. The | ||||||
26 | chairman shall preside over the hearing and
shall take |
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1 | testimony. Any oral or documentary evidence and other data
| ||||||
2 | deemed relevant by the arbitration panel may be received in | ||||||
3 | evidence. The
proceedings shall be informal. Technical rules of | ||||||
4 | evidence shall not apply
and the competency of the evidence | ||||||
5 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
6 | proceedings shall be made and the arbitrator shall
arrange for | ||||||
7 | the necessary recording service. Transcripts may be ordered at
| ||||||
8 | the expense of the party ordering them, but the transcripts | ||||||
9 | shall not be
necessary for a decision by the arbitration panel. | ||||||
10 | The expense of the
proceedings, including a fee for the | ||||||
11 | chairman, established in advance by
the Board, shall be borne | ||||||
12 | equally by each of the parties to the dispute.
The delegates, | ||||||
13 | if public officers or employees, shall continue on the
payroll | ||||||
14 | of the public employer without loss of pay. The hearing | ||||||
15 | conducted
by the arbitration panel may be adjourned from time | ||||||
16 | to time, but unless
otherwise agreed by the parties, shall be | ||||||
17 | concluded within 30 days of the
time of its commencement. | ||||||
18 | Majority actions and rulings shall constitute
the actions and | ||||||
19 | rulings of the arbitration panel. Arbitration proceedings
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20 | under this Section shall not be interrupted or terminated by | ||||||
21 | reason of any
unfair labor practice charge filed by either | ||||||
22 | party at any time.
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23 | (e) The arbitration panel may administer oaths, require the | ||||||
24 | attendance
of witnesses, and the production of such books, | ||||||
25 | papers, contracts, agreements
and documents as may be deemed by | ||||||
26 | it material to a just determination of
the issues in dispute, |
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1 | and for such purpose may issue subpoenas. If any
person refuses | ||||||
2 | to obey a subpoena, or refuses to be sworn or to testify,
or if | ||||||
3 | any witness, party or attorney is guilty of any contempt while | ||||||
4 | in
attendance at any hearing, the arbitration panel may, or the | ||||||
5 | attorney general
if requested shall, invoke the aid of any | ||||||
6 | circuit court within the jurisdiction
in which the hearing is | ||||||
7 | being 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 | (f) At any time before the rendering of an award, the | ||||||
11 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
12 | it would be useful or
beneficial to do so, may remand the | ||||||
13 | dispute to the parties for further
collective bargaining for a | ||||||
14 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
15 | further collective bargaining the time provisions of this
Act | ||||||
16 | shall be extended for a time period equal to that of the | ||||||
17 | remand. The
chairman of the panel of arbitration shall notify | ||||||
18 | the Board of the remand.
| ||||||
19 | (g) At or before the conclusion of the hearing held | ||||||
20 | pursuant to subsection
(d), the arbitration panel shall | ||||||
21 | identify the economic issues in dispute,
and direct each of the | ||||||
22 | parties to submit, within such time limit as the
panel shall | ||||||
23 | prescribe, to the arbitration panel and to each other its last
| ||||||
24 | offer of settlement on each economic issue. The determination | ||||||
25 | of the
arbitration panel as to the issues in dispute and as to | ||||||
26 | which of these
issues are economic shall be conclusive. The |
| |||||||
| |||||||
1 | arbitration panel, within 30
days after the conclusion of the | ||||||
2 | hearing, or such further additional
periods to which the | ||||||
3 | parties may agree, shall make written findings of fact
and | ||||||
4 | promulgate a written opinion and shall mail or otherwise | ||||||
5 | deliver a true
copy thereof to the parties and their | ||||||
6 | representatives and to the Board. As
to each economic issue, | ||||||
7 | the arbitration panel shall adopt the last offer of
settlement | ||||||
8 | which, in the opinion of the arbitration panel, more nearly
| ||||||
9 | complies with the applicable factors prescribed in subsection | ||||||
10 | (h). The
findings, opinions and order as to all other issues | ||||||
11 | shall be based upon the
applicable factors prescribed in | ||||||
12 | subsection (h).
| ||||||
13 | (h) Where there is no agreement between the parties, or | ||||||
14 | where there is
an agreement but the parties have begun | ||||||
15 | negotiations or discussions looking
to a new agreement or | ||||||
16 | amendment of the existing agreement, and wage rates
or other | ||||||
17 | conditions of employment under the proposed new or amended | ||||||
18 | agreement
are in dispute, the arbitration panel shall base its | ||||||
19 | findings, opinions
and order upon the following factors, as | ||||||
20 | applicable:
| ||||||
21 | (1) The lawful authority of the employer.
| ||||||
22 | (2) Stipulations of the parties.
| ||||||
23 | (3) The interests and welfare of the public and the | ||||||
24 | financial ability
of the unit of government to meet those | ||||||
25 | costs.
| ||||||
26 | (4) Comparison of the wages, hours and conditions of |
| |||||||
| |||||||
1 | employment of the
employees involved in the arbitration | ||||||
2 | proceeding with the wages, hours and
conditions of | ||||||
3 | employment of other employees performing similar services
| ||||||
4 | and with other employees generally:
| ||||||
5 | (A) In public employment in comparable | ||||||
6 | communities.
| ||||||
7 | (B) In private employment in comparable | ||||||
8 | communities.
| ||||||
9 | (5) The average consumer prices for goods and services, | ||||||
10 | commonly known
as the cost of living.
| ||||||
11 | (6) The overall compensation presently received by the | ||||||
12 | employees,
including
direct wage compensation, vacations, | ||||||
13 | holidays and other excused time, insurance
and pensions, | ||||||
14 | medical and hospitalization benefits, the continuity and
| ||||||
15 | stability of employment and all other benefits received.
| ||||||
16 | (7) Changes in any of the foregoing circumstances | ||||||
17 | during the pendency
of the arbitration proceedings.
| ||||||
18 | (8) Such other factors, not confined to the foregoing, | ||||||
19 | which are normally
or traditionally taken into | ||||||
20 | consideration in the determination of wages,
hours and | ||||||
21 | conditions of employment through voluntary collective | ||||||
22 | bargaining,
mediation, fact-finding, arbitration or | ||||||
23 | otherwise between the parties, in
the public service or in | ||||||
24 | private employment.
| ||||||
25 | (i) In the case of peace officers, the arbitration decision | ||||||
26 | shall be
limited to wages, hours, and conditions of employment |
| |||||||
| |||||||
1 | (which may include
residency requirements in municipalities | ||||||
2 | with a population under 1,000,000, but
those residency | ||||||
3 | requirements shall not allow residency outside of Illinois)
and | ||||||
4 | shall not include
the following: i) residency requirements in | ||||||
5 | municipalities with a population
of at least 1,000,000; ii) the | ||||||
6 | type of equipment, other
than uniforms, issued or used; iii) | ||||||
7 | manning; iv) the total number of
employees employed by the | ||||||
8 | department; v) mutual aid and assistance
agreements to other | ||||||
9 | units of government; and vi) the criterion pursuant to
which | ||||||
10 | force, including deadly force, can be used; provided, nothing | ||||||
11 | herein
shall preclude an arbitration decision regarding | ||||||
12 | equipment or manning
levels if such decision is based on a | ||||||
13 | finding that the equipment or manning
considerations in a | ||||||
14 | specific work assignment involve a serious risk to the
safety | ||||||
15 | of a peace officer beyond that which is inherent in the normal
| ||||||
16 | performance of police duties. Limitation of the terms of the | ||||||
17 | arbitration
decision pursuant to this subsection shall not be | ||||||
18 | construed to limit the
factors upon which the decision may be | ||||||
19 | based, as set forth in subsection (h).
| ||||||
20 | In the case of fire fighter, and fire department or fire | ||||||
21 | district paramedic
matters, the arbitration decision shall be | ||||||
22 | limited to wages, hours, and
conditions of employment (which | ||||||
23 | may include residency requirements in
municipalities with a | ||||||
24 | population under 1,000,000, but those residency
requirements | ||||||
25 | shall not allow residency outside of Illinois) and shall not
| ||||||
26 | include the
following matters: i) residency requirements in |
| |||||||
| |||||||
1 | municipalities with a
population of at least 1,000,000; ii) the | ||||||
2 | type of equipment (other than
uniforms and fire fighter turnout | ||||||
3 | gear) issued or used; iii) the total
number of employees | ||||||
4 | employed by the department; iv) mutual aid and
assistance | ||||||
5 | agreements to other units of government; and v) the criterion
| ||||||
6 | pursuant to which force, including deadly force, can be used; | ||||||
7 | provided,
however, nothing herein shall preclude an | ||||||
8 | arbitration decision regarding
equipment levels if such | ||||||
9 | decision is based on a finding that the equipment
| ||||||
10 | considerations in a specific work assignment involve a serious | ||||||
11 | risk to the
safety of a fire fighter beyond that which is | ||||||
12 | inherent in the normal
performance of fire fighter duties. | ||||||
13 | Limitation of the terms of the
arbitration decision pursuant to | ||||||
14 | this subsection shall not be construed to
limit the facts upon | ||||||
15 | which the decision may be based, as set forth in
subsection | ||||||
16 | (h).
| ||||||
17 | The changes to this subsection (i) made by Public Act | ||||||
18 | 90-385 (relating to residency requirements) do not
apply to | ||||||
19 | persons who are employed by a combined department that performs | ||||||
20 | both
police and firefighting services; these persons shall be | ||||||
21 | governed by the
provisions of this subsection (i) relating to | ||||||
22 | peace officers, as they existed
before the amendment by Public | ||||||
23 | Act 90-385.
| ||||||
24 | To preserve historical bargaining rights, this subsection | ||||||
25 | shall not apply
to any provision of a fire fighter collective | ||||||
26 | bargaining agreement in effect
and applicable on the effective |
| |||||||
| |||||||
1 | date of this Act; provided, however, nothing
herein shall | ||||||
2 | preclude arbitration with respect to any such provision.
| ||||||
3 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
4 | by the
filing of a letter requesting mediation as required | ||||||
5 | under subsection (a)
of this Section. The commencement of a new | ||||||
6 | municipal fiscal year after the
initiation of arbitration | ||||||
7 | procedures under this Act, but before the
arbitration decision, | ||||||
8 | or its enforcement, shall not be deemed to render a
dispute | ||||||
9 | moot, or to otherwise impair the jurisdiction or authority of | ||||||
10 | the
arbitration panel or its decision. Increases in rates
of | ||||||
11 | compensation awarded by the arbitration panel may be effective | ||||||
12 | only 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
under | ||||||
17 | this Act by the parties to the labor dispute causing a
delay in | ||||||
18 | the initiation of arbitration, the foregoing limitations shall | ||||||
19 | be
inapplicable, and such awarded increases may be retroactive | ||||||
20 | to the
commencement of the fiscal year, any other statute or | ||||||
21 | charter provisions to
the contrary, notwithstanding. At any | ||||||
22 | time the parties, by stipulation, may
amend or modify an award | ||||||
23 | of arbitration.
| ||||||
24 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
25 | upon
appropriate petition by either the public employer or the | ||||||
26 | exclusive
bargaining representative, by the circuit court for |
| |||||||
| |||||||
1 | the county in which the
dispute arose or in which a majority of | ||||||
2 | the affected employees reside, but
only for reasons that the | ||||||
3 | arbitration panel was without or exceeded its
statutory | ||||||
4 | authority; the order is arbitrary, or capricious; or the order
| ||||||
5 | was procured by fraud, collusion or other similar and unlawful | ||||||
6 | means. Such
petitions for review must be filed with the | ||||||
7 | appropriate circuit court
within 90 days following the issuance | ||||||
8 | of the arbitration order. The
pendency of such proceeding for | ||||||
9 | review shall not automatically stay the
order of the | ||||||
10 | arbitration panel. The party against whom the final decision
of | ||||||
11 | any such court shall be adverse, if such court finds such | ||||||
12 | appeal or
petition to be frivolous, shall pay reasonable | ||||||
13 | attorneys' fees and costs to
the successful party as determined | ||||||
14 | by said court in its discretion. If said
court's decision | ||||||
15 | affirms the award of money, such award, if retroactive,
shall | ||||||
16 | bear interest at the rate of 12 percent per annum from the | ||||||
17 | effective
retroactive date.
| ||||||
18 | (l) During the pendency of proceedings before the | ||||||
19 | arbitration panel,
existing wages, hours, and other conditions | ||||||
20 | of employment shall not be
changed by action of either party | ||||||
21 | without the consent of the other but a
party may so consent | ||||||
22 | without prejudice to his rights or position under
this Act. The | ||||||
23 | proceedings are deemed to be pending before the arbitration
| ||||||
24 | panel upon the initiation of arbitration procedures under this | ||||||
25 | Act.
| ||||||
26 | (m) Security officers of public employers, and Peace |
| |||||||
| |||||||
1 | Officers, Fire
Fighters and fire department and fire protection | ||||||
2 | district paramedics,
covered by this Section may not withhold | ||||||
3 | services, nor may public employers
lock out or prevent such | ||||||
4 | employees from performing services at any time.
| ||||||
5 | (n) All of the terms decided upon by the arbitration panel | ||||||
6 | shall be included
in an agreement to be submitted to the public | ||||||
7 | employer's governing body
for ratification and adoption by law, | ||||||
8 | ordinance or the equivalent
appropriate means.
| ||||||
9 | The governing body shall review each term decided by the | ||||||
10 | arbitration panel.
If the governing body fails to reject one or | ||||||
11 | more terms of the
arbitration panel's decision by a 3/5 vote of | ||||||
12 | those duly elected and
qualified members of the governing body, | ||||||
13 | within 20 days of issuance, or
in the case of firefighters | ||||||
14 | employed by a state university, at the next
regularly scheduled | ||||||
15 | meeting of the governing body after issuance, such
term or | ||||||
16 | terms shall become a part of the collective bargaining | ||||||
17 | agreement of
the parties. If the governing body affirmatively | ||||||
18 | rejects one or more terms
of the arbitration panel's decision, | ||||||
19 | it must provide reasons for such
rejection with respect to each | ||||||
20 | term so rejected, within 20 days of such
rejection and the | ||||||
21 | parties shall return to the arbitration panel
for further | ||||||
22 | proceedings and issuance of a supplemental decision with | ||||||
23 | respect
to the rejected terms. Any supplemental decision by an | ||||||
24 | arbitration panel
or other decision maker agreed to by the | ||||||
25 | parties shall be submitted to
the governing body for | ||||||
26 | ratification and adoption in accordance with the
procedures and |
| |||||||
| |||||||
1 | voting requirements set forth in this Section.
The voting | ||||||
2 | requirements of this subsection shall apply to all disputes
| ||||||
3 | submitted to arbitration pursuant to this Section | ||||||
4 | notwithstanding any
contrary voting requirements contained in | ||||||
5 | any existing collective
bargaining agreement between the | ||||||
6 | parties.
| ||||||
7 | (o) If the governing body of the employer votes to reject | ||||||
8 | the panel's
decision, the parties shall return to the panel | ||||||
9 | within 30 days from the
issuance of the reasons for rejection | ||||||
10 | for further proceedings and issuance
of a supplemental | ||||||
11 | decision. All reasonable costs of such supplemental
proceeding | ||||||
12 | including the exclusive representative's reasonable attorney's
| ||||||
13 | fees, as established by the Board, shall be paid by the | ||||||
14 | employer.
| ||||||
15 | (p) Notwithstanding the provisions of this Section the | ||||||
16 | employer and
exclusive representative may agree to submit | ||||||
17 | unresolved disputes concerning
wages, hours, terms and | ||||||
18 | conditions of employment to an alternative form of
impasse | ||||||
19 | resolution.
| ||||||
20 | (Source: P.A. 96-813, eff. 10-30-09.)".
|