Full Text of SB2139 93rd General Assembly
SB2139 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2139
Introduced 1/6/2004, by Adeline Jay Geo-Karis SYNOPSIS AS INTRODUCED: |
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115 ILCS 5/13 |
from Ch. 48, par. 1713 |
30 ILCS 805/8.28 new |
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Amends the Illinois Educational Labor Relations Act. With regard
to school districts, provides that an educational employee may not
engage in a strike and an educational employer may not institute a
lockout if that action would cause an interruption of ongoing essential
educational services. Provides that the exclusive bargaining representative and employer shall, instead, submit unresolved issues concerning the terms of a new collective bargaining agreement to final and binding impartial arbitration. Also provides that it is unlawful for a person to
instigate or induce or conspire with or encourage a person to engage in a
strike, lockout, slowdown, or work stoppage if that action would
cause an interruption of ongoing essential educational services. Provides
that these provisions do not prohibit a strike or lockout that began
before the start of the school year. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB2139 |
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LRB093 14810 NHT 40370 b |
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| AN ACT regarding educational labor relations.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Educational Labor Relations Act is | 5 |
| amended by
changing Section 13 as follows:
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| (115 ILCS 5/13) (from Ch. 48, par. 1713)
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| Sec. 13. Strikes and lockouts .
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| (a) Notwithstanding the existence of any other
provision in | 9 |
| this Act or other law, educational employees employed in school
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| districts organized under Article 34 of the School Code shall | 11 |
| not engage in
a strike at any time during the 18 month period | 12 |
| that commences on the
effective date of this amendatory Act of | 13 |
| 1995. An educational employee
employed in a school district | 14 |
| organized
under Article 34 of the School Code who participates | 15 |
| in a strike in violation
of this Section is subject to | 16 |
| discipline by the employer. In addition, no
educational | 17 |
| employer organized under Article 34 of the School Code may pay | 18 |
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cause to be paid to an educational employee who
participates | 19 |
| in a strike in violation of this subsection any wages or other
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| compensation for any period during
which an educational | 21 |
| employee participates in the strike, except for wages or
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| compensation earned before participation in the strike.
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| Notwithstanding the existence of any other
provision in this | 24 |
| Act or other law, during the 18-month period that strikes are
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| prohibited under this subsection nothing in this subsection | 26 |
| shall be construed
to require an educational employer to submit | 27 |
| to a binding dispute resolution
process.
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| (b) Notwithstanding the existence of any other provision in | 29 |
| this Act or any
other law, educational employees other than | 30 |
| those employed in a school district
organized under Article 34 | 31 |
| of the School Code and, after the expiration of the
18 month | 32 |
| period that commences on the effective date of this amendatory |
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SB2139 |
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LRB093 14810 NHT 40370 b |
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| Act of
1995, educational employees in a school district | 2 |
| organized under Article 34 of
the School Code shall not engage | 3 |
| in a strike except under the following
conditions:
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| (1) they are represented by an exclusive bargaining
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| representative;
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| (2) mediation has been used without success;
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| (3) at least 10 days have elapsed after a notice of | 8 |
| intent
to strike has been given by the exclusive bargaining | 9 |
| representative to the
educational employer, the regional | 10 |
| superintendent and the Illinois Educational
Labor | 11 |
| Relations Board;
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| (4) the collective bargaining agreement between the | 13 |
| educational employer
and educational employees, if any, | 14 |
| has expired; and
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| (5) the employer and the exclusive bargaining | 16 |
| representative have not
mutually submitted the unresolved | 17 |
| issues to arbitration.
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| If, however, in the opinion of an employer the strike is or | 19 |
| has become a
clear and present danger to the health or safety | 20 |
| of the public, the employer
may initiate
in the circuit court | 21 |
| of the county in which such danger exists an action for
relief | 22 |
| which may include, but is not limited to, injunction. The court | 23 |
| may
grant appropriate relief upon the finding that such clear | 24 |
| and present danger
exists.
An unfair practice or other evidence | 25 |
| of lack of clean hands by the educational
employer is a defense | 26 |
| to such action. Except as provided for in this
paragraph, the | 27 |
| jurisdiction of the court under this Section is limited by the
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| Labor Dispute Act.
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| (c) Notwithstanding the existence of any other provision in | 30 |
| this Act or
any other law, with regard to school districts, an | 31 |
| educational employee may
not engage in a strike and an | 32 |
| educational employer may not institute a
lockout if that action | 33 |
| would cause an interruption of ongoing essential
educational | 34 |
| services. The exclusive representative and employer shall, | 35 |
| instead, submit unresolved issues concerning the terms of a new | 36 |
| collective bargaining agreement to final and binding impartial |
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SB2139 |
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LRB093 14810 NHT 40370 b |
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| arbitration in accordance with rules adopted by the Board. It | 2 |
| is unlawful for a person to instigate or induce or
conspire | 3 |
| with or encourage a person to engage in a strike, lockout,
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| slowdown, or work stoppage if that action would cause an | 5 |
| interruption of
ongoing essential educational services. | 6 |
| Nothing in this subsection (c)
prohibits a strike or lockout | 7 |
| that began before the start of the school
year.
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| (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
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| Section 90. The State Mandates Act is amended by adding | 10 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 13 |
| of this
Act, no reimbursement by the State is required for the | 14 |
| implementation of
any mandate created by this amendatory Act of | 15 |
| the 93rd General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law. |
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