Illinois General Assembly - Full Text of HB0580
Illinois General Assembly

Previous General Assemblies

Full Text of HB0580  99th General Assembly



HB0580 EnrolledLRB099 04420 JLK 24448 b

1    AN ACT concerning State 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 7 as follows:
6    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
7    Sec. 7. Duty to bargain. A public employer and the
8exclusive representative have the authority and the duty to
9bargain collectively set forth in this Section.
10    For the purposes of this Act, "to bargain collectively"
11means the performance of the mutual obligation of the public
12employer or his designated representative and the
13representative of the public employees to meet at reasonable
14times, including meetings in advance of the budget-making
15process, and to negotiate in good faith with respect to wages,
16hours, and other conditions of employment, not excluded by
17Section 4 of this Act, or the negotiation of an agreement, or
18any question arising thereunder and the execution of a written
19contract incorporating any agreement reached if requested by
20either party, but such obligation does not compel either party
21to agree to a proposal or require the making of a concession.
22    The duty "to bargain collectively" shall also include an
23obligation to negotiate over any matter with respect to wages,



HB0580 Enrolled- 2 -LRB099 04420 JLK 24448 b

1hours and other conditions of employment, not specifically
2provided for in any other law or not specifically in violation
3of the provisions of any law. If any other law pertains, in
4part, to a matter affecting the wages, hours and other
5conditions of employment, such other law shall not be construed
6as limiting the duty "to bargain collectively" and to enter
7into collective bargaining agreements containing clauses which
8either supplement, implement, or relate to the effect of such
9provisions in other laws.
10    The duty "to bargain collectively" shall also include
11negotiations as to the terms of a collective bargaining
12agreement. The parties may, by mutual agreement, provide for
13arbitration of impasses resulting from their inability to agree
14upon wages, hours and terms and conditions of employment to be
15included in a collective bargaining agreement. Such
16arbitration provisions shall be subject to the Illinois
17"Uniform Arbitration Act" unless agreed by the parties.
18    The duty "to bargain collectively" shall also mean that no
19party to a collective bargaining contract shall terminate or
20modify such contract, unless the party desiring such
21termination or modification:
22        (1) serves a written notice upon the other party to the
23    contract of the proposed termination or modification 60
24    days prior to the expiration date thereof, or in the event
25    such contract contains no expiration date, 60 days prior to
26    the time it is proposed to make such termination or



HB0580 Enrolled- 3 -LRB099 04420 JLK 24448 b

1    modification;
2        (2) offers to meet and confer with the other party for
3    the purpose of negotiating a new contract or a contract
4    containing the proposed modifications;
5        (3) notifies the Board within 30 days after such notice
6    of the existence of a dispute, provided no agreement has
7    been reached by that time; and
8        (4) continues in full force and effect, without
9    resorting to strike or lockout, all the terms and
10    conditions of the existing contract for a period of 60 days
11    after such notice is given to the other party or until the
12    expiration date of such contract, whichever occurs later.
13    The duties imposed upon employers, employees and labor
14organizations by paragraphs (2), (3) and (4) shall become
15inapplicable upon an intervening certification of the Board,
16under which the labor organization, which is a party to the
17contract, has been superseded as or ceased to be the exclusive
18representative of the employees pursuant to the provisions of
19subsection (a) of Section 9, and the duties so imposed shall
20not be construed as requiring either party to discuss or agree
21to any modification of the terms and conditions contained in a
22contract for a fixed period, if such modification is to become
23effective before such terms and conditions can be reopened
24under the provisions of the contract.
25    Collective bargaining for home care and home health workers
26who function as personal assistants and individual maintenance



HB0580 Enrolled- 4 -LRB099 04420 JLK 24448 b

1home health workers under the Home Services Program shall be
2limited to the terms and conditions of employment under the
3State's control, as defined in Public Act 93-204 or this
4amendatory Act of the 97th General Assembly, as applicable.
5    Collective bargaining for child and day care home providers
6under the child care assistance program shall be limited to the
7terms and conditions of employment under the State's control,
8as defined in this amendatory Act of the 94th General Assembly.
9    Notwithstanding any other provision of this Section,
10whenever collective bargaining is for the purpose of
11establishing an initial agreement following original
12certification of units with fewer than 35 employees, with
13respect to public employees other than peace officers, fire
14fighters, and security employees, the following apply:
15        (1) Not later than 10 days after receiving a written
16    request for collective bargaining from a labor
17    organization that has been newly certified as a
18    representative as defined in Section 6(c), or within such
19    further period as the parties agree upon, the parties shall
20    meet and commence to bargain collectively and shall make
21    every reasonable effort to conclude and sign a collective
22    bargaining agreement.
23        (2) If anytime after the expiration of the 90-day
24    period beginning on the date on which bargaining is
25    commenced the parties have failed to reach an agreement,
26    either party may notify the Illinois Public Labor Relations



HB0580 Enrolled- 5 -LRB099 04420 JLK 24448 b

1    Board of the existence of a dispute and request mediation
2    in accordance with the provisions of Section 14 of this
3    Act.
4        (3) If after the expiration of the 30-day period
5    beginning on the date on which mediation commenced, or such
6    additional period as the parties may agree upon, the
7    mediator is not able to bring the parties to agreement by
8    conciliation, either the exclusive representative of the
9    employees or the employer may request of the other, in
10    writing, arbitration and shall submit a copy of the request
11    to the board. Upon submission of the request for
12    arbitration, the parties shall be required to participate
13    in the impasse arbitration procedures set forth in Section
14    14 of this Act, except the right to strike shall not be
15    considered waived pursuant to Section 17 of this Act, until
16    the actual convening of the arbitration hearing.
17    With respect to collective bargaining agreements initially
18scheduled to expire on or after June 30, 2015, but before June
1930, 2019, between the State of Illinois and a unit or units of
20employees of State agencies which are not resolved by the
21initial expiration date of the agreement, mediation of the
22outstanding issues shall be initiated within 30 days from the
23initial expiration of the agreement or the effective date of
24this amendatory Act of the 99th General Assembly. Should a
25mediator be unable to bring the parties to agreement through
26conciliation within 30 days of the commencement of mediation,



HB0580 Enrolled- 6 -LRB099 04420 JLK 24448 b

1or such additional period as the parties may mutually agree on,
2either party may initiate the impasse arbitration procedures
3pursuant to Section 14 of this Act except that for the purpose
4of determining the jurisdiction or authority of the arbitration
5panel, arbitration procedures shall be deemed to have been
6initiated prior to the commencement of any fiscal year
7occurring after the initial expiration date of the agreement.
8The provisions of the expired collective bargaining agreement
9shall be in full force and effect from the initial expiration
10date and conditions of employment in effect on the initial
11expiration date shall not be changed by the action of either
12party without the consent of the other until a successor
13agreement is adopted. The right to strike shall not be
14considered waived pursuant to Section 17 of this Act until the
15actual convening of the arbitration hearing.
16(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.