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Full Text of SB3952  102nd General Assembly

SB3952 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3952

 

Introduced 1/21/2022, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/11  from Ch. 48, par. 1611

    Amends the Illinois Public Labor Relations Act. Provides that if the Illinois Labor Relations Board finds that there has been an unfair labor practice violation for refusal of an employer to bargain collectively in good faith with a labor organization that is the exclusive representative of public employees, then upon request of the charging party, the parties shall be required to participate in impasse arbitration procedures, except that: (i) the right to strike shall not be considered waived until the actual convening of the arbitration hearing and; (ii) the commencement of a new fiscal year shall not be deemed to impair the jurisdiction or authority of the arbitration panel or its decision.


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A BILL FOR

 

SB3952LRB102 23765 RJF 32956 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 11 as follows:
 
6    (5 ILCS 315/11)  (from Ch. 48, par. 1611)
7    Sec. 11. Unfair labor practice procedures. Unfair labor
8practices may be dealt with by the Board in the following
9manner:
10    (a) Whenever it is charged that any person has engaged in
11or is engaging in any unfair labor practice, the Board or any
12agent designated by the Board for such purposes, shall conduct
13an investigation of the charge. If after such investigation
14the Board finds that the charge involves a dispositive issue
15of law or fact the Board shall issue a complaint and cause to
16be served upon the person a complaint stating the charges,
17accompanied by a notice of hearing before the Board or a member
18thereof designated by the Board, or before a qualified hearing
19officer designated by the Board at the offices of the Board or
20such other location as the Board deems appropriate, not less
21than 5 days after serving of such complaint provided that no
22complaint shall issue based upon any unfair labor practice
23occurring more than six months prior to the filing of a charge

 

 

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

 

 

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1produce the requested evidence.
2    (c) Any testimony taken by the Board, or a member
3designated by the Board or a hearing officer thereof, must be
4reduced to writing and filed with the Board. A full and
5complete record shall be kept of all proceedings before the
6Board, and all proceedings shall be transcribed by a reporter
7appointed by the Board. The party on whom the burden of proof
8rests shall be required to sustain such burden by a
9preponderance of the evidence. If, upon a preponderance of the
10evidence taken, the Board is of the opinion that any person
11named in the charge has engaged in or is engaging in an unfair
12labor practice, then it shall state its findings of fact and
13shall issue and cause to be served upon the person an order
14requiring him to cease and desist from the unfair labor
15practice, and to take such affirmative action, including
16reinstatement of public employees with or without back pay, as
17will effectuate the policies of this Act. If the Board finds
18that there has been a violation of paragraph (4) of subsection
19(a) of Section 10, then upon request of the charging party, the
20parties shall be required to participate in the impasse
21arbitration procedures set forth in Section 14, except that:
22(i) the right to strike shall not be considered waived
23pursuant to Section 17 until the actual convening of the
24arbitration hearing and; (ii) the commencement of a new fiscal
25year shall not be deemed to impair the jurisdiction or
26authority of the arbitration panel or its decision. If the

 

 

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1Board awards back pay, it shall also award interest at the rate
2of 7% per annum. The Board's order may further require the
3person to make reports from time to time, and demonstrate the
4extent to which he has complied with the order. If there is no
5preponderance of evidence to indicate to the Board that the
6person named in the charge has engaged in or is engaging in the
7unfair labor practice, then the Board shall state its findings
8of fact and shall issue an order dismissing the complaint. The
9Board's order may in its discretion also include an
10appropriate sanction, based on the Board's rules and
11regulations, and the sanction may include an order to pay the
12other party or parties' reasonable expenses including costs
13and reasonable attorney's fee, if the other party has made
14allegations or denials without reasonable cause and found to
15be untrue or has engaged in frivolous litigation for the
16purpose of delay or needless increase in the cost of
17litigation; the State of Illinois or any agency thereof shall
18be subject to the provisions of this sentence in the same
19manner as any other party.
20    (d) Until the record in a case has been filed in court, the
21Board at any time, upon reasonable notice and in such manner as
22it deems proper, may modify or set aside, in whole or in part,
23any finding or order made or issued by it.
24    (e) A charging party or any person aggrieved by a final
25order of the Board granting or denying in whole or in part the
26relief sought may apply for and obtain judicial review of an

 

 

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1order of the Board entered under this Act, in accordance with
2the provisions of the Administrative Review Law, as now or
3hereafter amended, except that such judicial review shall be
4afforded directly in the appellate court for the district in
5which the aggrieved party resides or transacts business, and
6provided, that such judicial review shall not be available for
7the purpose of challenging a final order issued by the Board
8pursuant to Section 9 of this Act for which judicial review has
9been petitioned pursuant to subsection (i) of Section 9. Any
10direct appeal to the Appellate Court shall be filed within 35
11days from the date that a copy of the decision sought to be
12reviewed was served upon the party affected by the decision.
13The filing of such an appeal to the Appellate Court shall not
14automatically stay the enforcement of the Board's order. An
15aggrieved party may apply to the Appellate Court for a stay of
16the enforcement of the Board's order after the aggrieved party
17has followed the procedure prescribed by Supreme Court Rule
18335. The Board in proceedings under this Section may obtain an
19order of the court for the enforcement of its order.
20    (f) Whenever it appears that any person has violated a
21final order of the Board issued pursuant to this Section, the
22Board must commence an action in the name of the People of the
23State of Illinois by petition, alleging the violation,
24attaching a copy of the order of the Board, and praying for the
25issuance of an order directing the person, his officers,
26agents, servants, successors, and assigns to comply with the

 

 

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1order of the Board. The Board shall be represented in this
2action by the Attorney General in accordance with the Attorney
3General Act. The court may grant or refuse, in whole or in
4part, the relief sought, provided that the court may stay an
5order of the Board in accordance with the Administrative
6Review Law, pending disposition of the proceedings. The court
7may punish a violation of its order as in civil contempt.
8    (g) The proceedings provided in paragraph (f) of this
9Section shall be commenced in the Appellate Court for the
10district where the unfair labor practice which is the subject
11of the Board's order was committed, or where a person required
12to cease and desist by such order resides or transacts
13business.
14    (h) The Board through the Attorney General, shall have
15power, upon issuance of an unfair labor practice complaint
16alleging that a person has engaged in or is engaging in an
17unfair labor practice, to petition the circuit court where the
18alleged unfair labor practice which is the subject of the
19Board's complaint was allegedly committed, or where a person
20required to cease and desist from such alleged unfair labor
21practice resides or transacts business, for appropriate
22temporary relief or restraining order. Upon the filing of any
23such petition, the court shall cause notice thereof to be
24served upon such persons, and thereupon shall have
25jurisdiction to grant to the Board such temporary relief or
26restraining order as it deems just and proper.

 

 

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1    (i) If an unfair labor practice charge involves the
2interpretation or application of a collective bargaining
3agreement and said agreement contains a grievance procedure
4with binding arbitration as its terminal step, the Board may
5defer the resolution of such dispute to the grievance and
6arbitration procedure contained in said agreement.
7(Source: P.A. 100-516, eff. 9-22-17.)