Illinois General Assembly - Full Text of SB3514
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Full Text of SB3514  98th General Assembly




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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 9 and 14 as follows:
6    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
7    Sec. 9. Elections; recognition.
8    (a) Whenever in accordance with such regulations as may be
9prescribed by the Board a petition has been filed:
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
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
17    recognized by the public employer as bargaining
18    representative is no longer the representative of the
19    majority of public employees in the unit; or
20        (2) by a public employer alleging that one or more
21    labor organizations have presented to it a claim that they
22    be recognized as the representative of a majority of the
23    public employees in an appropriate unit,



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1the Board shall investigate such petition, and if it has
2reasonable cause to believe that a question of representation
3exists, shall provide for an appropriate hearing upon due
4notice. Such hearing shall be held at the offices of the Board
5or such other location as the Board deems appropriate. If it
6finds upon the record of the hearing that a question of
7representation exists, it shall direct an election in
8accordance with subsection (d) of this Section, which election
9shall be held not later than 120 days after the date the
10petition was filed regardless of whether that petition was
11filed before or after the effective date of this amendatory Act
12of 1987; provided, however, the Board may extend the time for
13holding an election by an additional 60 days if, upon motion by
14a person who has filed a petition under this Section or is the
15subject of a petition filed under this Section and is a party
16to such hearing, or upon the Board's own motion, the Board
17finds that good cause has been shown for extending the election
18date; provided further, that nothing in this Section shall
19prohibit the Board, in its discretion, from extending the time
20for holding an election for so long as may be necessary under
21the circumstances, where the purpose for such extension is to
22permit resolution by the Board of an unfair labor practice
23charge filed by one of the parties to a representational
24proceeding against the other based upon conduct which may
25either affect the existence of a question concerning
26representation or have a tendency to interfere with a fair and



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1free election, where the party filing the charge has not filed
2a request to proceed with the election; and provided further
3that prior to the expiration of the total time allotted for
4holding an election, a person who has filed a petition under
5this Section or is the subject of a petition filed under this
6Section and is a party to such hearing or the Board, may move
7for and obtain the entry of an order in the circuit court of
8the county in which the majority of the public employees sought
9to be represented by such person reside, such order extending
10the date upon which the election shall be held. Such order
11shall be issued by the circuit court only upon a judicial
12finding that there has been a sufficient showing that there is
13good cause to extend the election date beyond such period and
14shall require the Board to hold the election as soon as is
15feasible given the totality of the circumstances. Such 120 day
16period may be extended one or more times by the agreement of
17all parties to the hearing to a date certain without the
18necessity of obtaining a court order. Nothing in this Section
19prohibits the waiving of hearings by stipulation for the
20purpose of a consent election in conformity with the rules and
21regulations of the Board or an election in a unit agreed upon
22by the parties. Other interested employee organizations may
23intervene in the proceedings in the manner and within the time
24period specified by rules and regulations of the Board.
25Interested parties who are necessary to the proceedings may
26also intervene in the proceedings in the manner and within the



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1time period specified by the rules and regulations of the
3    (a-5) The Board shall designate an exclusive
4representative for purposes of collective bargaining when the
5representative demonstrates a showing of majority interest by
6employees in the unit. If the parties to a dispute are without
7agreement on the means to ascertain the choice, if any, of
8employee organization as their representative, the Board shall
9ascertain the employees' choice of employee organization, on
10the basis of dues deduction authorization or other evidence,
11or, if necessary, by conducting an election. All evidence
12submitted by an employee organization to the Board to ascertain
13an employee's choice of an employee organization is
14confidential and shall not be submitted to the employer for
15review. The Board shall ascertain the employee's choice of
16employee organization within 120 days after the filing of the
17majority interest petition; however, the Board may extend time
18by an additional 60 days, upon its own motion or upon the
19motion of a party to the proceeding. If either party provides
20to the Board, before the designation of a representative, clear
21and convincing evidence that the dues deduction
22authorizations, and other evidence upon which the Board would
23otherwise rely to ascertain the employees' choice of
24representative, are fraudulent or were obtained through
25coercion, the Board shall promptly thereafter conduct an
26election. The Board shall also investigate and consider a



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1party's allegations that the dues deduction authorizations and
2other evidence submitted in support of a designation of
3representative without an election were subsequently changed,
4altered, withdrawn, or withheld as a result of employer fraud,
5coercion, or any other unfair labor practice by the employer.
6If the Board determines that a labor organization would have
7had a majority interest but for an employer's fraud, coercion,
8or unfair labor practice, it shall designate the labor
9organization as an exclusive representative without conducting
10an election. If a hearing is necessary to resolve any issues of
11representation under this Section, the Board shall conclude its
12hearing process and issue a certification of the entire
13appropriate unit not later than 120 days after the date the
14petition was filed. The 120-day period may be extended one or
15more times by the agreement of all parties to a hearing to a
16date certain.
17    (a-6) A labor organization or an employer may file a unit
18clarification petition seeking to clarify an existing
19bargaining unit. The Board shall conclude its investigation,
20including any hearing process deemed necessary, and issue a
21certification of clarified unit or dismiss the petition not
22later than 120 days after the date the petition was filed. The
23120-day period may be extended one or more times by the
24agreement of all parties to a hearing to a date certain.
25    (b) The Board shall decide in each case, in order to assure
26public employees the fullest freedom in exercising the rights



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1guaranteed by this Act, a unit appropriate for the purpose of
2collective bargaining, based upon but not limited to such
3factors as: historical pattern of recognition; community of
4interest including employee skills and functions; degree of
5functional integration; interchangeability and contact among
6employees; fragmentation of employee groups; common
7supervision, wages, hours and other working conditions of the
8employees involved; and the desires of the employees. For
9purposes of this subsection, fragmentation shall not be the
10sole or predominant factor used by the Board in determining an
11appropriate bargaining unit. Except with respect to non-State
12fire fighters and paramedics employed by fire departments and
13fire protection districts, non-State peace officers and peace
14officers in the State Department of State Police, a single
15bargaining unit determined by the Board may not include both
16supervisors and nonsupervisors, except for bargaining units in
17existence on the effective date of this Act. With respect to
18non-State fire fighters and paramedics employed by fire
19departments and fire protection districts, non-State peace
20officers and peace officers in the State Department of State
21Police, a single bargaining unit determined by the Board may
22not include both supervisors and nonsupervisors, except for
23bargaining units in existence on the effective date of this
24amendatory Act of 1985.
25    In cases involving an historical pattern of recognition,
26and in cases where the employer has recognized the union as the



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1sole and exclusive bargaining agent for a specified existing
2unit, the Board shall find the employees in the unit then
3represented by the union pursuant to the recognition to be the
4appropriate unit.
5    Notwithstanding the above factors, where the majority of
6public employees of a craft so decide, the Board shall
7designate such craft as a unit appropriate for the purposes of
8collective bargaining.
9    The Board shall not decide that any unit is appropriate if
10such unit includes both professional and nonprofessional
11employees, unless a majority of each group votes for inclusion
12in such unit.
13    (c) Nothing in this Act shall interfere with or negate the
14current representation rights or patterns and practices of
15labor organizations which have historically represented public
16employees for the purpose of collective bargaining, including
17but not limited to the negotiations of wages, hours and working
18conditions, discussions of employees' grievances, resolution
19of jurisdictional disputes, or the establishment and
20maintenance of prevailing wage rates, unless a majority of
21employees so represented express a contrary desire pursuant to
22the procedures set forth in this Act.
23    (d) In instances where the employer does not voluntarily
24recognize a labor organization as the exclusive bargaining
25representative for a unit of employees, the Board shall
26determine the majority representative of the public employees



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1in an appropriate collective bargaining unit by conducting a
2secret ballot election, except as otherwise provided in
3subsection (a-5). Within 7 days after the Board issues its
4bargaining unit determination and direction of election or the
5execution of a stipulation for the purpose of a consent
6election, the public employer shall submit to the labor
7organization the complete names and addresses of those
8employees who are determined by the Board to be eligible to
9participate in the election. When the Board has determined that
10a labor organization has been fairly and freely chosen by a
11majority of employees in an appropriate unit, it shall certify
12such organization as the exclusive representative. If the Board
13determines that a majority of employees in an appropriate unit
14has fairly and freely chosen not to be represented by a labor
15organization, it shall so certify. The Board may also revoke
16the certification of the public employee organizations as
17exclusive bargaining representatives which have been found by a
18secret ballot election to be no longer the majority
20    (e) The Board shall not conduct an election in any
21bargaining unit or any subdivision thereof within which a valid
22election has been held in the preceding 12-month period. The
23Board shall determine who is eligible to vote in an election
24and shall establish rules governing the conduct of the election
25or conduct affecting the results of the election. The Board
26shall include on a ballot in a representation election a choice



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1of "no representation". A labor organization currently
2representing the bargaining unit of employees shall be placed
3on the ballot in any representation election. In any election
4where none of the choices on the ballot receives a majority, a
5runoff election shall be conducted between the 2 choices
6receiving the largest number of valid votes cast in the
7election. A labor organization which receives a majority of the
8votes cast in an election shall be certified by the Board as
9exclusive representative of all public employees in the unit.
10    (f) A labor organization shall be designated as the
11exclusive representative by a public employer, provided that
12the labor organization represents a majority of the public
13employees in an appropriate unit. Any employee organization
14which is designated or selected by the majority of public
15employees, in a unit of the public employer having no other
16recognized or certified representative, as their
17representative for purposes of collective bargaining may
18request recognition by the public employer in writing. The
19public employer shall post such request for a period of at
20least 20 days following its receipt thereof on bulletin boards
21or other places used or reserved for employee notices.
22    (g) Within the 20-day period any other interested employee
23organization may petition the Board in the manner specified by
24rules and regulations of the Board, provided that such
25interested employee organization has been designated by at
26least 10% of the employees in an appropriate bargaining unit



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1which includes all or some of the employees in the unit
2recognized by the employer. In such event, the Board shall
3proceed with the petition in the same manner as provided by
4paragraph (1) of subsection (a) of this Section.
5    (h) No election shall be directed by the Board in any
6bargaining unit where there is in force a valid collective
7bargaining agreement or, except in the case of fire fighter
8units, after an interest arbitrator has been appointed pursuant
9to the impasse resolution procedures in Section 14 of this Act.
10The Board, however, may process an election petition filed
11between 90 and 60 days prior to the expiration of the date of
12an agreement, and may further refine, by rule or decision, the
13implementation of this provision. Where more than 4 years have
14elapsed since the effective date of the agreement, the
15agreement shall continue to bar an election, except that the
16Board may process an election petition filed between 90 and 60
17days prior to the end of the fifth year of such an agreement,
18and between 90 and 60 days prior to the end of each successive
19year of such agreement.
20    (i) An order of the Board dismissing a representation
21petition, determining and certifying that a labor organization
22has been fairly and freely chosen by a majority of employees in
23an appropriate bargaining unit, determining and certifying
24that a labor organization has not been fairly and freely chosen
25by a majority of employees in the bargaining unit or certifying
26a labor organization as the exclusive representative of



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1employees in an appropriate bargaining unit because of a
2determination by the Board that the labor organization is the
3historical bargaining representative of employees in the
4bargaining unit, is a final order. Any person aggrieved by any
5such order issued on or after the effective date of this
6amendatory Act of 1987 may apply for and obtain judicial review
7in accordance with provisions of the Administrative Review Law,
8as now or hereafter amended, except that such review shall be
9afforded directly in the Appellate Court for the district in
10which the aggrieved party resides or transacts business. Any
11direct appeal to the Appellate Court shall be filed within 35
12days from the date that a copy of the decision sought to be
13reviewed was served upon the party affected by the decision.
14(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
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 Section 18, unless the
22parties mutually agree to some other time limit, mediation
23shall commence 30 days prior to the expiration date of such
24agreement or at such later time as the mediation services
25chosen under subsection (b) of Section 12 can be provided to



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



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1to a contract that contains a grievance resolution procedure as
2provided in Section 8, the chairman shall be selected using
3their agreed contract procedure unless they mutually agree to
4another procedure. If the parties fail to notify the Board of
5their selection of neutral chairman within 7 days after receipt
6of the list of impartial arbitrators, the Board shall appoint,
7at random, a neutral chairman from the list. In the absence of
8an agreed contract procedure for selecting an impartial
9arbitrator, either party may request a panel from the Board.
10    Notwithstanding the preceding paragraph in this subsection
11(c), for peace officer units and security employee units only,
12within 7 calendar days after the request by either party to
13proceed to arbitration, the parties shall request from the
14Board a panel of arbitrators from which the parties shall
15select the neutral chairman, unless the parties have mutually
16agreed upon an arbitrator or have negotiated a contract
17procedure for selecting an impartial interest arbitrator.
18    Within 7 days of the request of either party, the Board
19shall select from the Public Employees Labor Mediation Roster 7
20persons who are on the labor arbitration panels of either the
21American Arbitration Association or the Federal Mediation and
22Conciliation Service, or who are members of the National
23Academy of Arbitrators, as nominees for impartial arbitrator of
24the arbitration panel. The parties may select an individual on
25the list provided by the Board or any other individual mutually
26agreed upon by the parties. Within 7 days following the receipt



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1of the list, the parties shall notify the Board of the person
2they have selected. Unless the parties agree on an alternate
3selection procedure, they shall alternatively strike one name
4from the list provided by the Board until only one name
5remains. A coin toss shall determine which party shall strike
6the first name. If both the parties fail to notify the Board in
7a timely manner of their selection for neutral chairman, the
8Board shall appoint a neutral chairman from the Illinois Public
9Employees Mediation/Arbitration Roster. If, however, the
10failure to notify the Board of a mutual selection for the
11neutral chairman is due to one party's failure to timely
12participate in the selection process, the party who was
13prepared to participate in a timely selection may notify the
14Board of its willingness to select an arbitrator from the
15panel. Under such circumstances, the Board, after waiting 7
16days after the receipt of the panel by the non-participating
17party, shall appoint as the neutral chairman the arbitrator
18from the panel chosen solely by the party who was prepared to
19participate in a timely selection. Within 7 days after the
20receipt of the panel by the non-participating party and upon
21filing a written request with the Board, the non-participating
22party shall receive a one-time 7-day extension for the period
23within which to participate in the selection process. This
24extension takes effect during the initial 7-day period to
25select a neutral chairman and shall toll the running of that
267-day period. If, after the expiration of the initial 7-day



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1period and the 7-day extension, the non-participating party
2does not participate in the selection process, the Board shall
3appoint as the neutral chairman the arbitrator from the panel
4chosen solely by the party who participated in a timely
6    (d) The chairman shall call a hearing to begin within 15
7days and give reasonable notice of the time and place of the
8hearing. The hearing shall be held at the offices of the Board
9or at such other location as the Board deems appropriate. The
10chairman shall preside over the hearing and shall take
11testimony. Any oral or documentary evidence and other data
12deemed relevant by the arbitration panel may be received in
13evidence. The proceedings shall be informal. Technical rules of
14evidence shall not apply and the competency of the evidence
15shall not thereby be deemed impaired. A verbatim record of the
16proceedings shall be made and the arbitrator shall arrange for
17the necessary recording service. Transcripts may be ordered at
18the expense of the party ordering them, but the transcripts
19shall not be necessary for a decision by the arbitration panel.
20The expense of the proceedings, including a fee for the
21chairman, shall be borne equally by each of the parties to the
22dispute. The delegates, if public officers or employees, shall
23continue on the payroll of the public employer without loss of
24pay. The hearing conducted by the arbitration panel may be
25adjourned from time to time, but unless otherwise agreed by the
26parties, shall be concluded within 30 days of the time of its



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



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



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1agreement are in dispute, the arbitration panel shall base its
2findings, opinions and order upon the following factors, as
4        (1) The lawful authority of the employer.
5        (2) Stipulations of the parties.
6        (3) The interests and welfare of the public and the
7    financial ability of the unit of government to meet those
8    costs.
9        (4) Comparison of the wages, hours and conditions of
10    employment of the employees involved in the arbitration
11    proceeding with the wages, hours and conditions of
12    employment of other employees performing similar services
13    and with other employees generally:
14            (A) In public employment in comparable
15        communities.
16            (B) In private employment in comparable
17        communities.
18        (5) The average consumer prices for goods and services,
19    commonly known as the cost of living.
20        (6) The overall compensation presently received by the
21    employees, including direct wage compensation, vacations,
22    holidays and other excused time, insurance and pensions,
23    medical and hospitalization benefits, the continuity and
24    stability of employment and all other benefits received.
25        (7) Changes in any of the foregoing circumstances
26    during the pendency of the arbitration proceedings.



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1        (8) Such other factors, not confined to the foregoing,
2    which are normally or traditionally taken into
3    consideration in the determination of wages, hours and
4    conditions of employment through voluntary collective
5    bargaining, mediation, fact-finding, arbitration or
6    otherwise between the parties, in the public service or in
7    private employment.
8    (i) In the case of peace officers, the arbitration decision
9shall be limited to wages, hours, and conditions of employment
10(which may include residency requirements in municipalities
11with a population under 1,000,000, but those residency
12requirements shall not allow residency outside of Illinois) and
13shall not include the following: i) residency requirements in
14municipalities with a population of at least 1,000,000; ii) the
15type of equipment, other than uniforms, issued or used; iii)
16manning; iv) the total number of employees employed by the
17department; v) mutual aid and assistance agreements to other
18units of government; and vi) the criterion pursuant to which
19force, including deadly force, can be used; provided, nothing
20herein shall preclude an arbitration decision regarding
21equipment or manning levels if such decision is based on a
22finding that the equipment or manning considerations in a
23specific work assignment involve a serious risk to the safety
24of a peace officer beyond that which is inherent in the normal
25performance of police duties. Limitation of the terms of the
26arbitration decision pursuant to this subsection shall not be



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



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190-385 (relating to residency requirements) do not apply to
2persons who are employed by a combined department that performs
3both police and firefighting services; these persons shall be
4governed by the provisions of this subsection (i) relating to
5peace officers, as they existed before the amendment by Public
6Act 90-385.
7    To preserve historical bargaining rights, this subsection
8shall not apply to any provision of a fire fighter collective
9bargaining agreement in effect and applicable on the effective
10date of this Act; provided, however, nothing herein shall
11preclude arbitration with respect to any such provision.
12    (j) Arbitration procedures shall be deemed to be initiated
13by the filing of a letter requesting mediation as required
14under subsection (a) of this Section. The commencement of a new
15municipal fiscal year after the initiation of arbitration
16procedures under this Act, but before the arbitration decision,
17or its enforcement, shall not be deemed to render a dispute
18moot, or to otherwise impair the jurisdiction or authority of
19the arbitration panel or its decision. Increases in rates of
20compensation awarded by the arbitration panel may be effective
21only at the start of the fiscal year next commencing after the
22date of the arbitration award. If a new fiscal year has
23commenced either since the initiation of arbitration
24procedures under this Act or since any mutually agreed
25extension of the statutorily required period of mediation under
26this Act by the parties to the labor dispute causing a delay in



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



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



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1rejects one or more terms of the arbitration panel's decision,
2it must provide reasons for such rejection with respect to each
3term so rejected, within 20 days of such rejection and the
4parties shall return to the arbitration panel for further
5proceedings and issuance of a supplemental decision with
6respect to the rejected terms. Any supplemental decision by an
7arbitration panel or other decision maker agreed to by the
8parties shall be submitted to the governing body for
9ratification and adoption in accordance with the procedures and
10voting requirements set forth in this Section. The voting
11requirements of this subsection shall apply to all disputes
12submitted to arbitration pursuant to this Section
13notwithstanding any contrary voting requirements contained in
14any existing collective bargaining agreement between the
16    (o) If the governing body of the employer votes to reject
17the panel's decision, the parties shall return to the panel
18within 30 days from the issuance of the reasons for rejection
19for further proceedings and issuance of a supplemental
20decision. All reasonable costs of such supplemental proceeding
21including the exclusive representative's reasonable attorney's
22fees, as established by the Board, shall be paid by the
24    (p) Notwithstanding the provisions of this Section the
25employer and exclusive representative may agree to submit
26unresolved disputes concerning wages, hours, terms and



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1conditions of employment to an alternative form of impasse
3(Source: P.A. 98-535, eff. 1-1-14.)
4    Section 10. The Minimum Wage Law is amended by changing
5Section 4a as follows:
6    (820 ILCS 105/4a)  (from Ch. 48, par. 1004a)
7    Sec. 4a. (1) Except as otherwise provided in this Section,
8no employer shall employ any of his employees for a workweek of
9more than 40 hours unless such employee receives compensation
10for his employment in excess of the hours above specified at a
11rate not less than 1 1/2 times the regular rate at which he is
13    (2) The provisions of subsection (1) of this Section are
14not applicable to:
15        A. Any salesman or mechanic primarily engaged in
16    selling or servicing automobiles, trucks or farm
17    implements, if he is employed by a nonmanufacturing
18    establishment primarily engaged in the business of selling
19    such vehicles or implements to ultimate purchasers.
20        B. Any salesman primarily engaged in selling trailers,
21    boats, or aircraft, if he is employed by a nonmanufacturing
22    establishment primarily engaged in the business of selling
23    trailers, boats, or aircraft to ultimate purchasers.
24        C. Any employer of agricultural labor, with respect to



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1    such agricultural employment.
2        D. Any employee of a governmental body excluded from
3    the definition of "employee" under paragraph (e)(2)(C) of
4    Section 3 of the Federal Fair Labor Standards Act of 1938.
5        E. Any employee employed in a bona fide executive,
6    administrative or professional capacity, including any
7    radio or television announcer, news editor, or chief
8    engineer, as defined by or covered by the Federal Fair
9    Labor Standards Act of 1938 and the rules adopted under
10    that Act, as both exist on March 30, 2003, but compensated
11    at the amount of salary specified in subsections (a) and
12    (b) of Section 541.600 of Title 29 of the Code of Federal
13    Regulations as proposed in the Federal Register on March
14    31, 2003 or a greater amount of salary as may be adopted by
15    the United States Department of Labor. For bona fide
16    executive, administrative, and professional employees of
17    not-for-profit corporations, the Director may, by
18    regulation, adopt a weekly wage rate standard lower than
19    that provided for executive, administrative, and
20    professional employees covered under the Fair Labor
21    Standards Act of 1938, as now or hereafter amended.
22        F. Any commissioned employee as described in paragraph
23    (i) of Section 7 of the Federal Fair Labor Standards Act of
24    1938 and rules and regulations promulgated thereunder, as
25    now or hereafter amended.
26        G. Any employment of an employee in the stead of



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1    another employee of the same employer pursuant to a
2    worktime exchange agreement between employees.
3        H. Any employee of a not-for-profit educational or
4    residential child care institution who (a) on a daily basis
5    is directly involved in educating or caring for children
6    who (1) are orphans, foster children, abused, neglected or
7    abandoned children, or are otherwise homeless children and
8    (2) reside in residential facilities of the institution and
9    (b) is compensated at an annual rate of not less than
10    $13,000 or, if the employee resides in such facilities and
11    receives without cost board and lodging from such
12    institution, not less than $10,000.
13        I. Any employee employed as a crew member of any
14    uninspected towing vessel, as defined by Section 2101(40)
15    of Title 46 of the United States Code, operating in any
16    navigable waters in or along the boundaries of the State of
17    Illinois.
18        J. Any employee who is a member of a bargaining unit
19    recognized by the Illinois Labor Relations Board and whose
20    union has contractually agreed to an alternate shift
21    schedule as allowed by subsection (b) of Section 7 of the
22    Fair Labor Standards Act of 1938.
23    (3) Any employer may employ any employee for a period or
24periods of not more than 10 hours in the aggregate in any
25workweek in excess of the maximum hours specified in subsection
26(1) of this Section without paying the compensation for



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1overtime employment prescribed in subsection (1) if during that
2period or periods the employee is receiving remedial education
4        (a) is provided to employees who lack a high school
5    diploma or educational attainment at the eighth grade
6    level;
7        (b) is designed to provide reading and other basic
8    skills at an eighth grade level or below; and
9        (c) does not include job specific training.
10    (4) A governmental body is not in violation of subsection
11(1) if the governmental body provides compensatory time
12pursuant to paragraph (o) of Section 7 of the Federal Fair
13Labor Standards Act of 1938, as now or hereafter amended, or is
14engaged in fire protection or law enforcement activities and
15meets the requirements of paragraph (k) of Section 7 or
16paragraph (b)(20) of Section 13 of the Federal Fair Labor
17Standards Act of 1938, as now or hereafter amended.
18(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)