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


Sen. Linda Holmes

Filed: 3/18/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 3514 by replacing
3everything after the enacting clause with the following:
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



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1    recognized by the public employer as bargaining
2    representative is no longer the representative of the
3    majority of public employees in the unit; or
4        (2) by a public employer alleging that one or more
5    labor organizations have presented to it a claim that they
6    be recognized as the representative of a majority of the
7    public employees in an appropriate unit,
8the Board shall investigate such petition, and if it has
9reasonable cause to believe that a question of representation
10exists, shall provide for an appropriate hearing upon due
11notice. Such hearing shall be held at the offices of the Board
12or such other location as the Board deems appropriate. If it
13finds upon the record of the hearing that a question of
14representation exists, it shall direct an election in
15accordance with subsection (d) of this Section, which election
16shall be held not later than 120 days after the date the
17petition was filed regardless of whether that petition was
18filed before or after the effective date of this amendatory Act
19of 1987; provided, however, the Board may extend the time for
20holding an election by an additional 60 days if, upon motion by
21a person who has filed a petition under this Section or is the
22subject of a petition filed under this Section and is a party
23to such hearing, or upon the Board's own motion, the Board
24finds that good cause has been shown for extending the election
25date; provided further, that nothing in this Section shall
26prohibit the Board, in its discretion, from extending the time



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1for holding an election for so long as may be necessary under
2the circumstances, where the purpose for such extension is to
3permit resolution by the Board of an unfair labor practice
4charge filed by one of the parties to a representational
5proceeding against the other based upon conduct which may
6either affect the existence of a question concerning
7representation or have a tendency to interfere with a fair and
8free election, where the party filing the charge has not filed
9a request to proceed with the election; and provided further
10that prior to the expiration of the total time allotted for
11holding an election, a person who has filed a petition under
12this Section or is the subject of a petition filed under this
13Section and is a party to such hearing or the Board, may move
14for and obtain the entry of an order in the circuit court of
15the county in which the majority of the public employees sought
16to be represented by such person reside, such order extending
17the date upon which the election shall be held. Such order
18shall be issued by the circuit court only upon a judicial
19finding that there has been a sufficient showing that there is
20good cause to extend the election date beyond such period and
21shall require the Board to hold the election as soon as is
22feasible given the totality of the circumstances. Such 120 day
23period may be extended one or more times by the agreement of
24all parties to the hearing to a date certain without the
25necessity of obtaining a court order. Nothing in this Section
26prohibits the waiving of hearings by stipulation for the



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1purpose of a consent election in conformity with the rules and
2regulations of the Board or an election in a unit agreed upon
3by the parties. Other interested employee organizations may
4intervene in the proceedings in the manner and within the time
5period specified by rules and regulations of the Board.
6Interested parties who are necessary to the proceedings may
7also intervene in the proceedings in the manner and within the
8time period specified by the rules and regulations of the
10    (a-5) The Board shall designate an exclusive
11representative for purposes of collective bargaining when the
12representative demonstrates a showing of majority interest by
13employees in the unit. If the parties to a dispute are without
14agreement on the means to ascertain the choice, if any, of
15employee organization as their representative, the Board shall
16ascertain the employees' choice of employee organization, on
17the basis of dues deduction authorization or other evidence,
18or, if necessary, by conducting an election. All evidence
19submitted by an employee organization to the Board to ascertain
20an employee's choice of an employee organization is
21confidential and shall not be submitted to the employer for
22review. The Board shall ascertain the employee's choice of
23employee organization within 120 days after the filing of the
24majority interest petition; however, the Board may extend time
25by an additional 60 days, upon its own motion or upon the
26motion of a party to the proceeding. If either party provides



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1to the Board, before the designation of a representative, clear
2and convincing evidence that the dues deduction
3authorizations, and other evidence upon which the Board would
4otherwise rely to ascertain the employees' choice of
5representative, are fraudulent or were obtained through
6coercion, the Board shall promptly thereafter conduct an
7election. The Board shall also investigate and consider a
8party's allegations that the dues deduction authorizations and
9other evidence submitted in support of a designation of
10representative without an election were subsequently changed,
11altered, withdrawn, or withheld as a result of employer fraud,
12coercion, or any other unfair labor practice by the employer.
13If the Board determines that a labor organization would have
14had a majority interest but for an employer's fraud, coercion,
15or unfair labor practice, it shall designate the labor
16organization as an exclusive representative without conducting
17an election. If a hearing is necessary to resolve any issues of
18representation under this Section, the Board shall conclude its
19hearing process and issue a certification of the entire
20appropriate unit not later than 120 days after the date the
21petition was filed. The 120-day period may be extended one or
22more times by the agreement of all parties to a hearing to a
23date certain.
24    (a-6) A labor organization or an employer may file a unit
25clarification petition seeking to clarify an existing
26bargaining unit. The Board shall conclude its investigation,



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1including any hearing process deemed necessary, and issue a
2certification of clarified unit or dismiss the petition not
3later than 120 days after the date the petition was filed. The
4120-day period may be extended one or more times by the
5agreement of all parties to a hearing to a date certain.
6    (b) The Board shall decide in each case, in order to assure
7public employees the fullest freedom in exercising the rights
8guaranteed by this Act, a unit appropriate for the purpose of
9collective bargaining, based upon but not limited to such
10factors as: historical pattern of recognition; community of
11interest including employee skills and functions; degree of
12functional integration; interchangeability and contact among
13employees; fragmentation of employee groups; common
14supervision, wages, hours and other working conditions of the
15employees involved; and the desires of the employees. For
16purposes of this subsection, fragmentation shall not be the
17sole or predominant factor used by the Board in determining an
18appropriate bargaining unit. Except with respect to non-State
19fire fighters and paramedics employed by fire departments and
20fire protection districts, non-State peace officers and peace
21officers in the State Department of State Police, a single
22bargaining unit determined by the Board may not include both
23supervisors and nonsupervisors, except for bargaining units in
24existence on the effective date of this Act. With respect to
25non-State fire fighters and paramedics employed by fire
26departments and fire protection districts, non-State peace



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1officers and peace officers in the State Department of State
2Police, a single bargaining unit determined by the Board may
3not include both supervisors and nonsupervisors, except for
4bargaining units in existence on the effective date of this
5amendatory Act of 1985.
6    In cases involving an historical pattern of recognition,
7and in cases where the employer has recognized the union as the
8sole and exclusive bargaining agent for a specified existing
9unit, the Board shall find the employees in the unit then
10represented by the union pursuant to the recognition to be the
11appropriate unit.
12    Notwithstanding the above factors, where the majority of
13public employees of a craft so decide, the Board shall
14designate such craft as a unit appropriate for the purposes of
15collective bargaining.
16    The Board shall not decide that any unit is appropriate if
17such unit includes both professional and nonprofessional
18employees, unless a majority of each group votes for inclusion
19in such unit.
20    (c) Nothing in this Act shall interfere with or negate the
21current representation rights or patterns and practices of
22labor organizations which have historically represented public
23employees for the purpose of collective bargaining, including
24but not limited to the negotiations of wages, hours and working
25conditions, discussions of employees' grievances, resolution
26of jurisdictional disputes, or the establishment and



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1maintenance of prevailing wage rates, unless a majority of
2employees so represented express a contrary desire pursuant to
3the procedures set forth in this Act.
4    (d) In instances where the employer does not voluntarily
5recognize a labor organization as the exclusive bargaining
6representative for a unit of employees, the Board shall
7determine the majority representative of the public employees
8in an appropriate collective bargaining unit by conducting a
9secret ballot election, except as otherwise provided in
10subsection (a-5). Within 7 days after the Board issues its
11bargaining unit determination and direction of election or the
12execution of a stipulation for the purpose of a consent
13election, the public employer shall submit to the labor
14organization the complete names and addresses of those
15employees who are determined by the Board to be eligible to
16participate in the election. When the Board has determined that
17a labor organization has been fairly and freely chosen by a
18majority of employees in an appropriate unit, it shall certify
19such organization as the exclusive representative. If the Board
20determines that a majority of employees in an appropriate unit
21has fairly and freely chosen not to be represented by a labor
22organization, it shall so certify. The Board may also revoke
23the certification of the public employee organizations as
24exclusive bargaining representatives which have been found by a
25secret ballot election to be no longer the majority



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1    (e) The Board shall not conduct an election in any
2bargaining unit or any subdivision thereof within which a valid
3election has been held in the preceding 12-month period. The
4Board shall determine who is eligible to vote in an election
5and shall establish rules governing the conduct of the election
6or conduct affecting the results of the election. The Board
7shall include on a ballot in a representation election a choice
8of "no representation". A labor organization currently
9representing the bargaining unit of employees shall be placed
10on the ballot in any representation election. In any election
11where none of the choices on the ballot receives a majority, a
12runoff election shall be conducted between the 2 choices
13receiving the largest number of valid votes cast in the
14election. A labor organization which receives a majority of the
15votes cast in an election shall be certified by the Board as
16exclusive representative of all public employees in the unit.
17    (f) A labor organization shall be designated as the
18exclusive representative by a public employer, provided that
19the labor organization represents a majority of the public
20employees in an appropriate unit. Any employee organization
21which is designated or selected by the majority of public
22employees, in a unit of the public employer having no other
23recognized or certified representative, as their
24representative for purposes of collective bargaining may
25request recognition by the public employer in writing. The
26public employer shall post such request for a period of at



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1least 20 days following its receipt thereof on bulletin boards
2or other places used or reserved for employee notices.
3    (g) Within the 20-day period any other interested employee
4organization may petition the Board in the manner specified by
5rules and regulations of the Board, provided that such
6interested employee organization has been designated by at
7least 10% of the employees in an appropriate bargaining unit
8which includes all or some of the employees in the unit
9recognized by the employer. In such event, the Board shall
10proceed with the petition in the same manner as provided by
11paragraph (1) of subsection (a) of this Section.
12    (h) No election shall be directed by the Board in any
13bargaining unit where there is in force a valid collective
14bargaining agreement or, except in the case of fire fighter
15units, after an interest arbitrator has been appointed pursuant
16to the impasse resolution procedures in Section 14 of this Act.
17The Board, however, may process an election petition filed
18between 90 and 60 days prior to the expiration of the date of
19an agreement, and may further refine, by rule or decision, the
20implementation of this provision. Where more than 4 years have
21elapsed since the effective date of the agreement, the
22agreement shall continue to bar an election, except that the
23Board may process an election petition filed between 90 and 60
24days prior to the end of the fifth year of such an agreement,
25and between 90 and 60 days prior to the end of each successive
26year of such agreement.



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1    (i) An order of the Board dismissing a representation
2petition, determining and certifying that a labor organization
3has been fairly and freely chosen by a majority of employees in
4an appropriate bargaining unit, determining and certifying
5that a labor organization has not been fairly and freely chosen
6by a majority of employees in the bargaining unit or certifying
7a labor organization as the exclusive representative of
8employees in an appropriate bargaining unit because of a
9determination by the Board that the labor organization is the
10historical bargaining representative of employees in the
11bargaining unit, is a final order. Any person aggrieved by any
12such order issued on or after the effective date of this
13amendatory Act of 1987 may apply for and obtain judicial review
14in accordance with provisions of the Administrative Review Law,
15as now or hereafter amended, except that such review shall be
16afforded directly in the Appellate Court for the district in
17which the aggrieved party resides or transacts business. Any
18direct appeal to the Appellate Court shall be filed within 35
19days from the date that a copy of the decision sought to be
20reviewed was served upon the party affected by the decision.
21(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
22    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
23    Sec. 14. Security Employee, Peace Officer and Fire Fighter
25    (a) In the case of collective bargaining agreements



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1involving units of security employees of a public employer,
2Peace Officer Units, or units of fire fighters or paramedics,
3and in the case of disputes under Section 18, unless the
4parties mutually agree to some other time limit, mediation
5shall commence 30 days prior to the expiration date of such
6agreement or at such later time as the mediation services
7chosen under subsection (b) of Section 12 can be provided to
8the parties. In the case of negotiations for an initial
9collective bargaining agreement, mediation shall commence upon
1015 days notice from either party or at such later time as the
11mediation services chosen pursuant to subsection (b) of Section
1212 can be provided to the parties. In mediation under this
13Section, if either party requests the use of mediation services
14from the Federal Mediation and Conciliation Service, the other
15party shall either join in such request or bear the additional
16cost of mediation services from another source. The mediator
17shall have a duty to keep the Board informed on the progress of
18the mediation. If any dispute has not been resolved within 15
19days after the first meeting of the parties and the mediator,
20or within such other time limit as may be mutually agreed upon
21by the parties, either the exclusive representative or employer
22may request of the other, in writing, arbitration, and shall
23submit a copy of the request to the Board.
24    (b) Within 10 days after such a request for arbitration has
25been made, the employer shall choose a delegate and the
26employees' exclusive representative shall choose a delegate to



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



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1persons who are on the labor arbitration panels of either the
2American Arbitration Association or the Federal Mediation and
3Conciliation Service, or who are members of the National
4Academy of Arbitrators, as nominees for impartial arbitrator of
5the arbitration panel. The parties may select an individual on
6the list provided by the Board or any other individual mutually
7agreed upon by the parties. Within 7 days following the receipt
8of the list, the parties shall notify the Board of the person
9they have selected. Unless the parties agree on an alternate
10selection procedure, they shall alternatively strike one name
11from the list provided by the Board until only one name
12remains. A coin toss shall determine which party shall strike
13the first name. If both the parties fail to notify the Board in
14a timely manner of their selection for neutral chairman, the
15Board shall appoint a neutral chairman from the Illinois Public
16Employees Mediation/Arbitration Roster. If, however, the
17failure to notify the Board of a mutual selection for the
18neutral chairman is due to one party's failure to timely
19participate in the selection process, the party who was
20prepared to participate in a timely selection may notify the
21Board of its willingness to select an arbitrator from the
22panel. Under such circumstances, the Board, after waiting 7
23days after the receipt of the panel by the non-participating
24party, shall appoint as the neutral chairman the arbitrator
25from the panel chosen solely by the party who was prepared to
26participate in a timely selection.



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1    (d) The chairman shall call a hearing to begin within 15
2days and give reasonable notice of the time and place of the
3hearing. The hearing shall be held at the offices of the Board
4or at such other location as the Board deems appropriate. The
5chairman shall preside over the hearing and shall take
6testimony. Any oral or documentary evidence and other data
7deemed relevant by the arbitration panel may be received in
8evidence. The proceedings shall be informal. Technical rules of
9evidence shall not apply and the competency of the evidence
10shall not thereby be deemed impaired. A verbatim record of the
11proceedings shall be made and the arbitrator shall arrange for
12the necessary recording service. Transcripts may be ordered at
13the expense of the party ordering them, but the transcripts
14shall not be necessary for a decision by the arbitration panel.
15The expense of the proceedings, including a fee for the
16chairman, shall be borne equally by each of the parties to the
17dispute. The delegates, if public officers or employees, shall
18continue on the payroll of the public employer without loss of
19pay. The hearing conducted by the arbitration panel may be
20adjourned from time to time, but unless otherwise agreed by the
21parties, shall be concluded within 30 days of the time of its
22commencement. Majority actions and rulings shall constitute
23the actions and rulings of the arbitration panel. Arbitration
24proceedings under this Section shall not be interrupted or
25terminated by reason of any unfair labor practice charge filed
26by either party at any time.



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1    (e) The arbitration panel may administer oaths, require the
2attendance of witnesses, and the production of such books,
3papers, contracts, agreements and documents as may be deemed by
4it material to a just determination of the issues in dispute,
5and for such purpose may issue subpoenas. If any person refuses
6to obey a subpoena, or refuses to be sworn or to testify, or if
7any witness, party or attorney is guilty of any contempt while
8in attendance at any hearing, the arbitration panel may, or the
9attorney general if requested shall, invoke the aid of any
10circuit court within the jurisdiction in which the hearing is
11being held, which court shall issue an appropriate order. Any
12failure to obey the order may be punished by the court as
14    (f) At any time before the rendering of an award, the
15chairman of the arbitration panel, if he is of the opinion that
16it would be useful or beneficial to do so, may remand the
17dispute to the parties for further collective bargaining for a
18period not to exceed 2 weeks. If the dispute is remanded for
19further collective bargaining the time provisions of this Act
20shall be extended for a time period equal to that of the
21remand. The chairman of the panel of arbitration shall notify
22the Board of the remand.
23    (g) At or before the conclusion of the hearing held
24pursuant to subsection (d), the arbitration panel shall
25identify the economic issues in dispute, and direct each of the
26parties to submit, within such time limit as the panel shall



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



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1        (3) The interests and welfare of the public and the
2    financial ability of the unit of government to meet those
3    costs.
4        (4) Comparison of the wages, hours and conditions of
5    employment of the employees involved in the arbitration
6    proceeding with the wages, hours and conditions of
7    employment of other employees performing similar services
8    and with other employees generally:
9            (A) In public employment in comparable
10        communities.
11            (B) In private employment in comparable
12        communities.
13        (5) The average consumer prices for goods and services,
14    commonly known as the cost of living.
15        (6) The overall compensation presently received by the
16    employees, including direct wage compensation, vacations,
17    holidays and other excused time, insurance and pensions,
18    medical and hospitalization benefits, the continuity and
19    stability of employment and all other benefits received.
20        (7) Changes in any of the foregoing circumstances
21    during the pendency of the arbitration proceedings.
22        (8) Such other factors, not confined to the foregoing,
23    which are normally or traditionally taken into
24    consideration in the determination of wages, hours and
25    conditions of employment through voluntary collective
26    bargaining, mediation, fact-finding, arbitration or



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



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1may include residency requirements in municipalities with a
2population under 1,000,000, but those residency requirements
3shall not allow residency outside of Illinois) and shall not
4include the following matters: i) residency requirements in
5municipalities with a population of at least 1,000,000; ii) the
6type of equipment (other than uniforms and fire fighter turnout
7gear) issued or used; iii) the total number of employees
8employed by the department; iv) mutual aid and assistance
9agreements to other units of government; and v) the criterion
10pursuant to which force, including deadly force, can be used;
11provided, however, nothing herein shall preclude an
12arbitration decision regarding equipment levels if such
13decision is based on a finding that the equipment
14considerations in a specific work assignment involve a serious
15risk to the safety of a fire fighter beyond that which is
16inherent in the normal performance of fire fighter duties.
17Limitation of the terms of the arbitration decision pursuant to
18this subsection shall not be construed to limit the facts upon
19which the decision may be based, as set forth in subsection
21    The changes to this subsection (i) made by Public Act
2290-385 (relating to residency requirements) do not apply to
23persons who are employed by a combined department that performs
24both police and firefighting services; these persons shall be
25governed by the provisions of this subsection (i) relating to
26peace officers, as they existed before the amendment by Public



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1Act 90-385.
2    To preserve historical bargaining rights, this subsection
3shall not apply to any provision of a fire fighter collective
4bargaining agreement in effect and applicable on the effective
5date of this Act; provided, however, nothing herein shall
6preclude arbitration with respect to any such provision.
7    (j) Arbitration procedures shall be deemed to be initiated
8by the filing of a letter requesting mediation as required
9under subsection (a) of this Section. The commencement of a new
10municipal fiscal year after the initiation of arbitration
11procedures under this Act, but before the arbitration decision,
12or its enforcement, shall not be deemed to render a dispute
13moot, or to otherwise impair the jurisdiction or authority of
14the arbitration panel or its decision. Increases in rates of
15compensation awarded by the arbitration panel may be effective
16only at the start of the fiscal year next commencing after the
17date of the arbitration award. If a new fiscal year has
18commenced either since the initiation of arbitration
19procedures under this Act or since any mutually agreed
20extension of the statutorily required period of mediation under
21this Act by the parties to the labor dispute causing a delay in
22the initiation of arbitration, the foregoing limitations shall
23be inapplicable, and such awarded increases may be retroactive
24to the commencement of the fiscal year, any other statute or
25charter provisions to the contrary, notwithstanding. At any
26time the parties, by stipulation, may amend or modify an award



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1of arbitration.
2    (k) Orders of the arbitration panel shall be reviewable,
3upon appropriate petition by either the public employer or the
4exclusive bargaining representative, by the circuit court for
5the county in which the dispute arose or in which a majority of
6the affected employees reside, but only for reasons that the
7arbitration panel was without or exceeded its statutory
8authority; the order is arbitrary, or capricious; or the order
9was procured by fraud, collusion or other similar and unlawful
10means. Such petitions for review must be filed with the
11appropriate circuit court within 90 days following the issuance
12of the arbitration order. The pendency of such proceeding for
13review shall not automatically stay the order of the
14arbitration panel. The party against whom the final decision of
15any such court shall be adverse, if such court finds such
16appeal or petition to be frivolous, shall pay reasonable
17attorneys' fees and costs to the successful party as determined
18by said court in its discretion. If said court's decision
19affirms the award of money, such award, if retroactive, shall
20bear interest at the rate of 12 percent per annum from the
21effective retroactive date.
22    (l) During the pendency of proceedings before the
23arbitration panel, existing wages, hours, and other conditions
24of employment shall not be changed by action of either party
25without the consent of the other but a party may so consent
26without prejudice to his rights or position under this Act. The



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1proceedings are deemed to be pending before the arbitration
2panel upon the initiation of arbitration procedures under this
4    (m) Security officers of public employers, and Peace
5Officers, Fire Fighters and fire department and fire protection
6district paramedics, covered by this Section may not withhold
7services, nor may public employers lock out or prevent such
8employees from performing services at any time.
9    (n) All of the terms decided upon by the arbitration panel
10shall be included in an agreement to be submitted to the public
11employer's governing body for ratification and adoption by law,
12ordinance or the equivalent appropriate means.
13    The governing body shall review each term decided by the
14arbitration panel. If the governing body fails to reject one or
15more terms of the arbitration panel's decision by a 3/5 vote of
16those duly elected and qualified members of the governing body,
17within 20 days of issuance, or in the case of firefighters
18employed by a state university, at the next regularly scheduled
19meeting of the governing body after issuance, such term or
20terms shall become a part of the collective bargaining
21agreement of the parties. If the governing body affirmatively
22rejects one or more terms of the arbitration panel's decision,
23it must provide reasons for such rejection with respect to each
24term so rejected, within 20 days of such rejection and the
25parties shall return to the arbitration panel for further
26proceedings and issuance of a supplemental decision with



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1respect to the rejected terms. Any supplemental decision by an
2arbitration panel or other decision maker agreed to by the
3parties shall be submitted to the governing body for
4ratification and adoption in accordance with the procedures and
5voting requirements set forth in this Section. The voting
6requirements of this subsection shall apply to all disputes
7submitted to arbitration pursuant to this Section
8notwithstanding any contrary voting requirements contained in
9any existing collective bargaining agreement between the
11    (o) If the governing body of the employer votes to reject
12the panel's decision, the parties shall return to the panel
13within 30 days from the issuance of the reasons for rejection
14for further proceedings and issuance of a supplemental
15decision. All reasonable costs of such supplemental proceeding
16including the exclusive representative's reasonable attorney's
17fees, as established by the Board, shall be paid by the
19    (p) Notwithstanding the provisions of this Section the
20employer and exclusive representative may agree to submit
21unresolved disputes concerning wages, hours, terms and
22conditions of employment to an alternative form of impasse
24(Source: P.A. 98-535, eff. 1-1-14.)
25    Section 10. The Minimum Wage Law is amended by changing



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1Section 4a as follows:
2    (820 ILCS 105/4a)  (from Ch. 48, par. 1004a)
3    Sec. 4a. (1) Except as otherwise provided in this Section,
4no employer shall employ any of his employees for a workweek of
5more than 40 hours unless such employee receives compensation
6for his employment in excess of the hours above specified at a
7rate not less than 1 1/2 times the regular rate at which he is
9    (2) The provisions of subsection (1) of this Section are
10not applicable to:
11        A. Any salesman or mechanic primarily engaged in
12    selling or servicing automobiles, trucks or farm
13    implements, if he is employed by a nonmanufacturing
14    establishment primarily engaged in the business of selling
15    such vehicles or implements to ultimate purchasers.
16        B. Any salesman primarily engaged in selling trailers,
17    boats, or aircraft, if he is employed by a nonmanufacturing
18    establishment primarily engaged in the business of selling
19    trailers, boats, or aircraft to ultimate purchasers.
20        C. Any employer of agricultural labor, with respect to
21    such agricultural employment.
22        D. Any employee of a governmental body excluded from
23    the definition of "employee" under paragraph (e)(2)(C) of
24    Section 3 of the Federal Fair Labor Standards Act of 1938.
25        E. Any employee employed in a bona fide executive,



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1    administrative or professional capacity, including any
2    radio or television announcer, news editor, or chief
3    engineer, as defined by or covered by the Federal Fair
4    Labor Standards Act of 1938 and the rules adopted under
5    that Act, as both exist on March 30, 2003, but compensated
6    at the amount of salary specified in subsections (a) and
7    (b) of Section 541.600 of Title 29 of the Code of Federal
8    Regulations as proposed in the Federal Register on March
9    31, 2003 or a greater amount of salary as may be adopted by
10    the United States Department of Labor. For bona fide
11    executive, administrative, and professional employees of
12    not-for-profit corporations, the Director may, by
13    regulation, adopt a weekly wage rate standard lower than
14    that provided for executive, administrative, and
15    professional employees covered under the Fair Labor
16    Standards Act of 1938, as now or hereafter amended.
17        F. Any commissioned employee as described in paragraph
18    (i) of Section 7 of the Federal Fair Labor Standards Act of
19    1938 and rules and regulations promulgated thereunder, as
20    now or hereafter amended.
21        G. Any employment of an employee in the stead of
22    another employee of the same employer pursuant to a
23    worktime exchange agreement between employees.
24        H. Any employee of a not-for-profit educational or
25    residential child care institution who (a) on a daily basis
26    is directly involved in educating or caring for children



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1    who (1) are orphans, foster children, abused, neglected or
2    abandoned children, or are otherwise homeless children and
3    (2) reside in residential facilities of the institution and
4    (b) is compensated at an annual rate of not less than
5    $13,000 or, if the employee resides in such facilities and
6    receives without cost board and lodging from such
7    institution, not less than $10,000.
8        I. Any employee employed as a crew member of any
9    uninspected towing vessel, as defined by Section 2101(40)
10    of Title 46 of the United States Code, operating in any
11    navigable waters in or along the boundaries of the State of
12    Illinois.
13        J. Any employee who is a member of a bargaining unit
14    recognized by the Illinois Labor Relations Board and whose
15    union has contractually agreed to an alternate shift
16    schedule as allowed by subsection (b) of Section 7 of the
17    Fair Labor Standards Act of 1938.
18    (3) Any employer may employ any employee for a period or
19periods of not more than 10 hours in the aggregate in any
20workweek in excess of the maximum hours specified in subsection
21(1) of this Section without paying the compensation for
22overtime employment prescribed in subsection (1) if during that
23period or periods the employee is receiving remedial education
25        (a) is provided to employees who lack a high school
26    diploma or educational attainment at the eighth grade



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1    level;
2        (b) is designed to provide reading and other basic
3    skills at an eighth grade level or below; and
4        (c) does not include job specific training.
5    (4) A governmental body is not in violation of subsection
6(1) if the governmental body provides compensatory time
7pursuant to paragraph (o) of Section 7 of the Federal Fair
8Labor Standards Act of 1938, as now or hereafter amended, or is
9engaged in fire protection or law enforcement activities and
10meets the requirements of paragraph (k) of Section 7 or
11paragraph (b)(20) of Section 13 of the Federal Fair Labor
12Standards Act of 1938, as now or hereafter amended.
13(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)".