Full Text of SB1715 96th General Assembly
SB1715 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1715
Introduced 2/19/2009, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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5 ILCS 315/7 |
from Ch. 48, par. 1607 |
115 ILCS 5/10 |
from Ch. 48, par. 1710 |
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Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Establishes a time frame within which an initial agreement must be reached or conciliation and arbitration attempted.
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A BILL FOR
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SB1715 |
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LRB096 08508 JAM 18628 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing Section 7 as follows:
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| (5 ILCS 315/7) (from Ch. 48, par. 1607)
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| Sec. 7. Duty to bargain. A public employer and the | 8 |
| exclusive representative
have the authority and the duty to | 9 |
| bargain collectively set forth in this
Section.
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| For the purposes of this Act, "to bargain collectively" | 11 |
| means the performance
of the mutual obligation of the public | 12 |
| employer or his designated
representative and the | 13 |
| representative of the public employees to meet at
reasonable | 14 |
| times, including meetings in advance of the budget-making | 15 |
| process,
and to negotiate in good faith with respect to wages, | 16 |
| hours, and other
conditions
of employment, not excluded by | 17 |
| Section 4 of this Act, or the negotiation
of an agreement, or | 18 |
| any question arising
thereunder and the execution of a written | 19 |
| contract incorporating any agreement
reached if requested by | 20 |
| either party, but such obligation does not compel
either party | 21 |
| to agree to a proposal or require the making of a concession.
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| The duty "to bargain collectively" shall also include an | 23 |
| obligation to
negotiate over any matter with respect to wages, |
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| hours and other conditions
of employment, not specifically | 2 |
| provided for in any other law or not specifically
in violation | 3 |
| of the provisions
of any law. If any other law pertains, in | 4 |
| part, to a matter affecting
the wages, hours and other | 5 |
| conditions of employment, such other law shall
not be construed | 6 |
| as limiting the duty "to bargain collectively" and to enter
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| into collective bargaining agreements containing clauses which | 8 |
| either supplement,
implement, or relate to the effect of such | 9 |
| provisions in other laws.
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| The duty "to bargain collectively" shall also include | 11 |
| negotiations
as to the terms of a collective bargaining | 12 |
| agreement.
The parties may, by mutual agreement, provide for | 13 |
| arbitration of impasses
resulting from their inability to agree | 14 |
| upon wages, hours and terms and
conditions of employment to be | 15 |
| included in a collective bargaining agreement.
Such | 16 |
| arbitration provisions shall be subject to the Illinois | 17 |
| "Uniform Arbitration
Act" unless agreed by the parties.
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| The duty "to bargain collectively" shall also mean that no | 19 |
| party to a collective
bargaining contract shall terminate or | 20 |
| modify such contract, unless the
party desiring such | 21 |
| termination or modification:
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| (1) serves a written notice upon the other party to the | 23 |
| contract of the
proposed termination or modification 60 days | 24 |
| prior to the expiration date
thereof, or in the event such | 25 |
| contract contains no expiration date, 60 days
prior to the time | 26 |
| it is proposed to make such termination or modification;
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| (2) offers to meet and confer with the other party for the | 2 |
| purpose of
negotiating a new contract or a contract containing | 3 |
| the proposed modifications;
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| (3) notifies the Board within 30 days after such notice of | 5 |
| the existence
of a dispute, provided no agreement has been | 6 |
| reached by that time; and
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| (4) continues in full force and effect, without resorting | 8 |
| to strike or
lockout, all the terms and conditions of the | 9 |
| existing contract for a period
of 60 days after such notice is | 10 |
| given to the other party or until the expiration
date of such | 11 |
| contract, whichever occurs later.
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| The duties imposed upon employers, employees and labor | 13 |
| organizations by
paragraphs (2), (3) and (4) shall become | 14 |
| inapplicable upon an intervening
certification of the Board, | 15 |
| under which the labor organization, which is
a party to the | 16 |
| contract, has been superseded as or ceased to be the exclusive
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| representative
of the employees pursuant to the provisions of | 18 |
| subsection (a) of Section
9, and the duties so imposed shall | 19 |
| not be construed as requiring either
party to discuss or agree | 20 |
| to any modification of the terms and conditions
contained in a | 21 |
| contract for a fixed period, if such modification is to become
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| effective before such terms and conditions can be reopened | 23 |
| under the provisions
of the contract.
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| Collective bargaining for personal care attendants and | 25 |
| personal assistants
under
the Home Services Program shall be | 26 |
| limited to the terms and conditions of
employment
under the |
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| State's control, as defined in the amendatory Act of the 93rd
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| General
Assembly.
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| Collective bargaining for child and day care home providers | 4 |
| under the child care assistance program shall be limited to the | 5 |
| terms and conditions of employment under the State's control, | 6 |
| as defined in this amendatory Act of the 94th General Assembly.
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| Notwithstanding any other provision of this Section, | 8 |
| whenever collective bargaining is for the purpose of | 9 |
| establishing an initial agreement following certification or | 10 |
| recognition, the following apply: | 11 |
| (1) Not later than 10 days after receiving a written | 12 |
| request for collective bargaining from an individual or | 13 |
| labor organization that has been newly organized or | 14 |
| certified as a representative as defined in Section 6(c), | 15 |
| or within such further period as the parties agree upon, | 16 |
| the parties shall meet and commence to bargain collectively | 17 |
| and shall make every reasonable effort to conclude and sign | 18 |
| a collective bargaining agreement. | 19 |
| (2) If after the expiration of the 90-day period | 20 |
| beginning on the date on which bargaining is commenced, or | 21 |
| such additional period as the parties may agree upon, the | 22 |
| parties have failed to reach an agreement, either party may | 23 |
| notify the Illinois Department of Labor Conciliation and | 24 |
| Mediation Division of the existence of a dispute and | 25 |
| request mediation. Whenever such a request is received, it | 26 |
| shall be the duty of the Division promptly to put itself in |
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| communication with the parties and to use its best efforts, | 2 |
| by mediation and conciliation, to bring them to agreement. | 3 |
| (3) If after the expiration of the 30-day period | 4 |
| beginning on the date on which the request for mediation is | 5 |
| made under paragraph (2), or such additional period as the | 6 |
| parties may agree upon, the Division is not able to bring | 7 |
| the parties to agreement by conciliation, the Division | 8 |
| shall refer the dispute to an arbitration board established | 9 |
| in accordance with such regulations as may be prescribed by | 10 |
| the Division. The arbitration panel shall render a decision | 11 |
| settling the dispute and such decision shall be binding | 12 |
| upon the parties for a period of 2 years, unless amended | 13 |
| during such period by written consent of the parties. | 14 |
| (Source: P.A. 93-204, eff. 7-16-03; 94-320, eff. 1-1-06.)
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| Section 10. The Illinois Educational Labor Relations Act is | 16 |
| amended by changing Section 10 as follows:
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| (115 ILCS 5/10) (from Ch. 48, par. 1710)
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| Sec. 10. Duty to bargain. | 19 |
| (a) An educational employer and
the exclusive | 20 |
| representative have the authority and the duty to bargain
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| collectively as set forth in this Section. Collective | 22 |
| bargaining is the
performance of the mutual obligations of the | 23 |
| educational employer and the
representative of the educational | 24 |
| employees to meet at reasonable times and
confer in good faith |
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| with respect to wages, hours and other terms and
conditions of | 2 |
| employment, and to execute a written contract incorporating
any | 3 |
| agreement reached by such obligation, provided such obligation | 4 |
| does not
compel either party to agree to a proposal or require | 5 |
| the making of a concession.
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| (b) The parties to the collective bargaining process shall | 7 |
| not effect
or implement a provision in a collective bargaining | 8 |
| agreement if the
implementation of that provision would be in | 9 |
| violation of, or inconsistent
with, or in conflict with any | 10 |
| statute or statutes enacted by the General
Assembly of | 11 |
| Illinois. The parties to the collective bargaining process
may | 12 |
| effect or implement a provision in a collective bargaining | 13 |
| agreement if
the implementation of that provision has the | 14 |
| effect of supplementing any
provision in any statute or | 15 |
| statutes enacted by the General Assembly of
Illinois pertaining | 16 |
| to wages, hours or other conditions of employment;
provided | 17 |
| however, no provision in a collective bargaining agreement may | 18 |
| be
effected or implemented if such provision has the effect of | 19 |
| negating,
abrogating, replacing, reducing, diminishing, or | 20 |
| limiting in any way any
employee rights, guarantees or | 21 |
| privileges pertaining to wages, hours or
other conditions of | 22 |
| employment provided in such statutes. Any provision in
a | 23 |
| collective bargaining agreement which has the effect of | 24 |
| negating,
abrogating, replacing, reducing, diminishing or | 25 |
| limiting in any way any
employee rights, guarantees or | 26 |
| privileges provided in an Illinois statute or
statutes shall be |
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| void and unenforceable, but shall not affect the
validity, | 2 |
| enforceability and implementation of other permissible | 3 |
| provisions
of the collective bargaining agreement.
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| (c) The collective bargaining agreement negotiated between | 5 |
| representatives
of the educational employees and the | 6 |
| educational employer shall contain
a grievance resolution | 7 |
| procedure which shall apply to all employees in the
unit and | 8 |
| shall provide for binding arbitration of disputes concerning | 9 |
| the
administration or interpretation of the agreement. The | 10 |
| agreement shall
also contain appropriate language prohibiting | 11 |
| strikes for the duration of
the agreement. The costs of such | 12 |
| arbitration shall be borne equally by the
educational employer | 13 |
| and the employee organization.
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| (d) Once an agreement is reached between representatives of | 15 |
| the educational
employees and the educational employer and is | 16 |
| ratified by both parties, the
agreement shall be reduced to | 17 |
| writing and signed by the parties.
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| (e) Notwithstanding any other provision of this Section, | 19 |
| whenever collective bargaining is for the purpose of | 20 |
| establishing an initial agreement following certification or | 21 |
| recognition, the following apply: | 22 |
| (1) Not later than 10 days after receiving a written | 23 |
| request for collective bargaining from an individual or | 24 |
| labor organization that has been newly organized or | 25 |
| certified as a representative as defined in Section 7(a), | 26 |
| or within such further period as the parties agree upon, |
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| the parties shall meet and commence to bargain collectively | 2 |
| and shall make every reasonable effort to conclude and sign | 3 |
| a collective bargaining agreement. | 4 |
| (2) If after the expiration of the 90-day period | 5 |
| beginning on the date on which bargaining is commenced, or | 6 |
| such additional period as the parties may agree upon, the | 7 |
| parties have failed to reach an agreement, either party may | 8 |
| notify the Illinois Department of Labor Conciliation and | 9 |
| Mediation Division of the existence of a dispute and | 10 |
| request mediation. Whenever such a request is received, it | 11 |
| shall be the duty of the Division promptly to put itself in | 12 |
| communication with the parties and to use its best efforts, | 13 |
| by mediation and conciliation, to bring them to agreement. | 14 |
| (3) If after the expiration of the 30-day period | 15 |
| beginning on the date on which the request for mediation is | 16 |
| made under paragraph (2), or such additional period as the | 17 |
| parties may agree upon, the Division is not able to bring | 18 |
| the parties to agreement by conciliation, the Division | 19 |
| shall refer the dispute to an arbitration board established | 20 |
| in accordance with such regulations as may be prescribed by | 21 |
| the Division. The arbitration panel shall render a decision | 22 |
| settling the dispute and such decision shall be binding | 23 |
| upon the parties for a period of 2 years, unless amended | 24 |
| during such period by written consent of the parties. | 25 |
| (Source: P.A. 84-832.)
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