Full Text of HB5596 96th General Assembly
HB5596ham001 96TH GENERAL ASSEMBLY
|
Rep. Suzanne Bassi
Filed: 3/22/2010
|
|
09600HB5596ham001 |
|
LRB096 19468 NHT 39423 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 5596
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5596 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Educational Labor Relations Act is | 5 |
| amended by changing Sections 12 and 13 as follows:
| 6 |
| (115 ILCS 5/12) (from Ch. 48, par. 1712)
| 7 |
| Sec. 12. Impasse procedures.
| 8 |
| (a) If the parties engaged in collective
bargaining have | 9 |
| not reached an agreement by 90 days before the scheduled
start | 10 |
| of the forthcoming school year, the parties shall notify the | 11 |
| Illinois
Educational Labor Relations Board concerning the | 12 |
| status of negotiations.
| 13 |
| Upon demand of either party, collective bargaining between | 14 |
| the employer
and an exclusive bargaining representative must | 15 |
| begin within 60 days of
the date of certification of the | 16 |
| representative by the Board, or in the case
of an existing |
|
|
|
09600HB5596ham001 |
- 2 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| exclusive bargaining representative, within 60 days of the
| 2 |
| receipt by a party of a demand to bargain issued by the other | 3 |
| party. Once
commenced, collective bargaining must continue for | 4 |
| at least a 60 day
period, unless a contract is entered into.
| 5 |
| (a-5) If, Except as otherwise provided in subsection (b) of | 6 |
| this Section, if after
a reasonable period of negotiation and | 7 |
| within 45 days of the
scheduled start of the forth-coming | 8 |
| school year, the parties engaged in
collective bargaining have | 9 |
| reached an impasse, either party may petition
the Board to | 10 |
| initiate mediation. Alternatively, the Board on its own
motion | 11 |
| may initiate mediation during this period. However, mediation | 12 |
| shall
be initiated by the Board at any time when jointly | 13 |
| requested by the parties
and the services of the mediators | 14 |
| shall continuously be made available to
the employer and to the | 15 |
| exclusive bargaining representative for purposes of
| 16 |
| arbitration of grievances and mediation or arbitration of | 17 |
| contract
disputes. If the parties to the dispute are not | 18 |
| required to engage in fact finding under subsection (a-10) of | 19 |
| this Section and if requested by the parties, the mediator may | 20 |
| perform
fact-finding and in so doing conduct hearings and make | 21 |
| written findings and
recommendations for resolution of the | 22 |
| dispute. Such mediation shall be
provided by the Board and | 23 |
| shall be held before qualified impartial
individuals. Nothing | 24 |
| prohibits the use of other individuals or
organizations such as | 25 |
| the Federal Mediation and Conciliation Service or the
American | 26 |
| Arbitration Association selected by both the exclusive |
|
|
|
09600HB5596ham001 |
- 3 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| bargaining
representative and the employer.
| 2 |
| If the parties engaged in collective bargaining fail to | 3 |
| reach an agreement
within 15 days of the scheduled start of the | 4 |
| forthcoming school year and
have not requested mediation, the | 5 |
| Illinois Educational Labor Relations Board
shall invoke | 6 |
| mediation.
| 7 |
| Whenever mediation is initiated or invoked under this | 8 |
| subsection (a), the
parties may stipulate to defer selection of | 9 |
| a mediator in accordance with
rules adopted by the Board.
| 10 |
| (a-10) For collective bargaining agreements that are | 11 |
| reopened for negotiations because of a determination by the | 12 |
| employer that it is unable to fund salary increases for the | 13 |
| 2011 fiscal year, if a dispute exists between an employer whose | 14 |
| territorial boundaries are coterminous with those of a city | 15 |
| having a population in excess of 500,000 and the exclusive | 16 |
| bargaining representative of its employees and if the parties | 17 |
| fail to reach an agreement after a reasonable period of | 18 |
| mediation, the Board shall order that the dispute be submitted | 19 |
| to a 3-member fact-finding panel. Within 3 days following the | 20 |
| Board's order, each party shall appoint one member of the | 21 |
| fact-finding panel. Within 3 days following these | 22 |
| appointments, the parties shall select a qualified impartial | 23 |
| member to serve as the chairperson of the fact-finding panel. | 24 |
| If the parties are unable to agree upon a qualified impartial | 25 |
| member, the parties shall request a panel of qualified | 26 |
| impartial members from either the Federal Mediation and |
|
|
|
09600HB5596ham001 |
- 4 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| Conciliation Service or the American Arbitration Association | 2 |
| and select the chairperson of the fact-finding panel from such | 3 |
| panel in accordance with the procedures established by the | 4 |
| organization providing the panel. The chairperson of the | 5 |
| fact-finding panel must not be the same individual who was | 6 |
| appointed as a mediator. | 7 |
| The fact-finding panel shall have the following duties and | 8 |
| powers: | 9 |
| (1) to require the parties to submit a statement of | 10 |
| disputed issues and their position regarding each issue | 11 |
| either jointly or separately; | 12 |
| (2) to identify disputed issues that are economic in | 13 |
| nature; | 14 |
| (3) to meet with the parties either separately or | 15 |
| jointly; | 16 |
| (4) to conduct private hearings and regulate the time, | 17 |
| place, course, and manner of such hearings; | 18 |
| (5) to request the Board to issue subpoenas requiring | 19 |
| the attendance and testimony of witnesses or the production | 20 |
| of evidence; | 21 |
| (6) to administer oaths and affirmations; | 22 |
| (7) to examine witnesses and documents; | 23 |
| (8) to create a full and complete written record of any | 24 |
| hearings; | 25 |
| (9) to attempt mediation; | 26 |
| (10) to require the parties to submit final offers; |
|
|
|
09600HB5596ham001 |
- 5 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| (11) to consider and decide upon the subjects of | 2 |
| residency, seniority, and all other mandatory subjects of | 3 |
| bargaining, notwithstanding any statute to the contrary; | 4 |
| and | 5 |
| (12) to employ any other measures deemed appropriate to | 6 |
| resolve the impasse. | 7 |
| If the dispute is not settled within 90 days after the | 8 |
| appointment of the fact-finding panel, and after the | 9 |
| fact-finding panel has conducted a hearing on the disputed | 10 |
| issues, the fact-finding panel shall issue a private report to | 11 |
| the parties that contains advisory findings of fact and | 12 |
| recommended terms of settlement for all disputed issues and | 13 |
| that sets forth a rationale for each recommendation. The | 14 |
| fact-finding panel, acting by a majority of its members, shall | 15 |
| base its findings and recommendations upon the following | 16 |
| criteria as applicable: | 17 |
| (A) the lawful authority of the employer; | 18 |
| (B) the federal and State statutes or local ordinances | 19 |
| applicable to the employer; | 20 |
| (C) prior collective bargaining agreements and the | 21 |
| bargaining history between the parties; | 22 |
| (D) stipulations of the parties; | 23 |
| (E) the interests and welfare of the public; | 24 |
| (F) the ability of the employer to finance and | 25 |
| administer the proposals at issue, provided that such | 26 |
| ability is not predicated on the premise that the employer |
|
|
|
09600HB5596ham001 |
- 6 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| will develop additional sources of revenue; | 2 |
| (G) the impact of any economic adjustments on the | 3 |
| employer's ability to pursue its educational mission; | 4 |
| (H) the present and future general economic conditions | 5 |
| in the locality and State; | 6 |
| (I) a comparison of the wages, hours, and conditions of | 7 |
| employment of the employees involved in the dispute with | 8 |
| the wages, hours, and conditions of employment of employees | 9 |
| performing similar services in public education in the 5 | 10 |
| largest U.S. cities; | 11 |
| (J) the average consumer prices for goods and services, | 12 |
| which is commonly known as the cost of living; | 13 |
| (K) the overall compensation presently received by the | 14 |
| employees involved in the dispute, including direct wage | 15 |
| compensation; vacations, holidays, and other excused time; | 16 |
| insurance and pensions; medical and hospitalization | 17 |
| benefits; the continuity and stability of employment; and | 18 |
| all other benefits received; | 19 |
| (L) changes in any of the circumstances set forth in | 20 |
| subdivisions (A) through (K) of this subsection (a-10) | 21 |
| during the fact-finding procedures; and | 22 |
| (M) such other factors, not confined to subdivisions | 23 |
| (A) through (L) of this subsection (a-10), that are | 24 |
| normally or traditionally considered in the determination | 25 |
| of wages, hours, and conditions of employment through | 26 |
| collective bargaining, mediation, fact-finding, |
|
|
|
09600HB5596ham001 |
- 7 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| arbitration, or other impasse resolution procedures in | 2 |
| public employment. | 3 |
| The fact-finding panel's recommended terms of settlement | 4 |
| shall be deemed agreed upon by the parties as the final | 5 |
| resolution of the disputed issues and incorporated into the | 6 |
| collective bargaining agreement executed by the parties, | 7 |
| unless either party tenders to the chairperson of the | 8 |
| fact-finding panel a notice of rejection of the recommended | 9 |
| terms of settlement, in whole or in part, with a rationale for | 10 |
| each rejection, within 10 days after the date of issuance of | 11 |
| the fact-finding panel's report. If either party submits a | 12 |
| notice of rejection, the chairperson of the fact-finding panel | 13 |
| shall publish the fact-finding panel's report for public | 14 |
| information by delivering a copy to all newspapers of general | 15 |
| circulation in the community. | 16 |
| After the publication of the fact-finding panel's report, | 17 |
| the fact-finding panel's recommended terms of settlement shall | 18 |
| be deemed agreed upon by the parties as the final resolution of | 19 |
| the disputed issues and incorporated into the collective | 20 |
| bargaining agreement executed by the parties, unless either | 21 |
| party tenders to the chairperson of the fact-finding panel a | 22 |
| notice of rejection of the recommended terms of settlement, in | 23 |
| whole or in part, with a rationale for each rejection, within 5 | 24 |
| days after the date on which the chairperson of the | 25 |
| fact-finding panel published the fact-finding panel's report. | 26 |
| (b) If, after a period of bargaining of at least 60 days, a
|
|
|
|
09600HB5596ham001 |
- 8 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| dispute or impasse exists between an employer whose territorial
| 2 |
| boundaries are coterminous with those of a city having a | 3 |
| population in
excess of 500,000 and the exclusive bargaining | 4 |
| representative over
a subject or matter set forth in Section | 5 |
| 4.5 of this Act, the parties shall
submit the dispute or | 6 |
| impasse to the dispute resolution procedure
agreed to between | 7 |
| the parties. The procedure shall provide for mediation
of | 8 |
| disputes by a rotating mediation panel and may, at the request | 9 |
| of
either party, include the issuance of advisory findings of | 10 |
| fact and
recommendations.
| 11 |
| (c) The costs and expenses of the mediator and any | 12 |
| chairperson of a fact-finding panel shall be shared equally | 13 |
| between the parties. All other costs and expenses of complying | 14 |
| with this Section shall be borne by the party incurring them. | 15 |
| (c-5) If the representatives of either the employer or | 16 |
| exclusive bargaining representative refuse to participate in | 17 |
| the mediation or fact-finding procedures required by this | 18 |
| Section, such refusal shall be deemed a refusal to bargain in | 19 |
| good faith. In the absence of an unfair labor practice charge | 20 |
| filed by an aggrieved party, the Board on its own motion may | 21 |
| issue an unfair labor practice complaint based on such refusal | 22 |
| and conduct hearings and issue orders as provided for in | 23 |
| Section 15 of this Act. The costs of fact finding and mediation | 24 |
| shall be shared equally
between
the employer and the exclusive | 25 |
| bargaining agent, provided that, for
purposes of mediation | 26 |
| under this Act, if either party requests the use of
mediation |
|
|
|
09600HB5596ham001 |
- 9 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| services from the Federal Mediation and Conciliation Service, | 2 |
| the
other party shall either join in such request or bear the | 3 |
| additional cost
of mediation services from another source.
| 4 |
| (d) Nothing in this Act prevents an employer and an | 5 |
| exclusive bargaining
representative from mutually submitting | 6 |
| to final and binding impartial
arbitration unresolved issues | 7 |
| concerning the terms of a new collective
bargaining agreement.
| 8 |
| Nothing in this Act prohibits the parties from agreeing to | 9 |
| extend the deadlines established for mediation and | 10 |
| fact-finding procedures. | 11 |
| (Source: P.A. 93-3, eff. 4-16-03.)
| 12 |
| (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 13 |
| Sec. 13. Strikes.
| 14 |
| (a) Notwithstanding the existence of any other
provision in | 15 |
| this Act or other law, educational employees employed in school
| 16 |
| districts organized under Article 34 of the School Code shall | 17 |
| not engage in
a strike at any time during the 18 month period | 18 |
| that commences on the
effective date of this amendatory Act of | 19 |
| 1995. An educational employee
employed in a school district | 20 |
| organized
under Article 34 of the School Code who participates | 21 |
| in a strike in violation
of this Section is subject to | 22 |
| discipline by the employer. In addition, no
educational | 23 |
| employer organized under Article 34 of the School Code may pay | 24 |
| or
cause to be paid to an educational employee who
participates | 25 |
| in a strike in violation of this subsection any wages or other
|
|
|
|
09600HB5596ham001 |
- 10 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| compensation for any period during
which an educational | 2 |
| employee participates in the strike, except for wages or
| 3 |
| compensation earned before participation in the strike.
| 4 |
| Notwithstanding the existence of any other
provision in this | 5 |
| Act or other law, during the 18-month period that strikes are
| 6 |
| prohibited under this subsection nothing in this subsection | 7 |
| shall be construed
to require an educational employer to submit | 8 |
| to a binding dispute resolution
process.
| 9 |
| (a-5) Educational employees must not engage in a strike at | 10 |
| any time during the mediation or fact-finding procedures set | 11 |
| forth in Section 12 of this Act. If a strike occurs in | 12 |
| violation of this Section, the employer may initiate in the | 13 |
| circuit court of the county in which such strike occurs an | 14 |
| action for an injunction and other relief, and the circuit | 15 |
| court shall impose at least one or more of the following | 16 |
| penalties on the exclusive bargaining representative in | 17 |
| addition to ordering other appropriate relief: | 18 |
| (1) Revoke the designation of the exclusive bargaining | 19 |
| representative as the exclusive bargaining representative | 20 |
| of the employees involved in the dispute and declare the | 21 |
| exclusive bargaining representative to be ineligible for | 22 |
| such designation for a period of 2 years. | 23 |
| (2) Prohibit the employer from deducting dues on behalf | 24 |
| of the exclusive bargaining representative for a period of | 25 |
| 2 years. | 26 |
| (3) Impose fines on the exclusive bargaining |
|
|
|
09600HB5596ham001 |
- 11 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| representative or its officers or both. | 2 |
| (b) Notwithstanding the existence of any other provision in | 3 |
| this Act or any
other law, educational employees other than | 4 |
| those employed in a school district
organized under Article 34 | 5 |
| of the School Code and, after the expiration of the
18 month | 6 |
| period that commences on the effective date of this amendatory | 7 |
| Act of
1995, educational employees in a school district | 8 |
| organized under Article 34 of
the School Code shall not engage | 9 |
| in a strike except under the following
conditions:
| 10 |
| (1) they are represented by an exclusive bargaining
| 11 |
| representative;
| 12 |
| (2) the parties have completely utilized mediation | 13 |
| without success as required by Section 12 of this Act; | 14 |
| (2.5) the parties have completely utilized | 15 |
| fact-finding without success if fact-finding is required | 16 |
| by Section 12 of this Act; mediation has been used without | 17 |
| success;
| 18 |
| (3) at least 10 days have elapsed after a notice of | 19 |
| intent
to strike has been given by the exclusive bargaining | 20 |
| representative to the
educational employer, the regional | 21 |
| superintendent and the Illinois Educational
Labor | 22 |
| Relations Board;
| 23 |
| (4) the collective bargaining agreement between the | 24 |
| educational employer
and educational employees, if any, | 25 |
| has expired; and
| 26 |
| (5) the employer and the exclusive bargaining |
|
|
|
09600HB5596ham001 |
- 12 - |
LRB096 19468 NHT 39423 a |
|
| 1 |
| representative have not
mutually submitted the unresolved | 2 |
| issues to arbitration.
| 3 |
| If, however, in the opinion of an employer the strike is or | 4 |
| has become a
clear and present danger to the health or safety | 5 |
| of the public, the employer
may initiate
in the circuit court | 6 |
| of the county in which such danger exists an action for
relief | 7 |
| which may include, but is not limited to, injunction. The court | 8 |
| may
grant appropriate relief upon the finding that such clear | 9 |
| and present danger
exists.
An unfair practice or other evidence | 10 |
| of lack of clean hands by the educational
employer is a defense | 11 |
| to such action. Except as provided for in this
paragraph, the | 12 |
| jurisdiction of the court under this Section is limited by the
| 13 |
| Labor Dispute Act.
| 14 |
| (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
|
|