Full Text of HB0349 100th General Assembly
HB0349ham001 100TH GENERAL ASSEMBLY | Rep. David McSweeney Filed: 3/13/2017
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| 1 | | AMENDMENT TO HOUSE BILL 349
| 2 | | AMENDMENT NO. ______. Amend House Bill 349 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 Section 10 as follows:
| 6 | | (115 ILCS 5/10) (from Ch. 48, par. 1710)
| 7 | | Sec. 10. Duty to bargain. | 8 | | (a) An educational employer and
the exclusive | 9 | | representative have the authority and the duty to bargain
| 10 | | collectively as set forth in this Section. Collective | 11 | | bargaining is the
performance of the mutual obligations of the | 12 | | educational employer and the
representative of the educational | 13 | | employees to meet at reasonable times and
confer in good faith | 14 | | with respect to wages, hours and other terms and
conditions of | 15 | | employment, and to execute a written contract incorporating
any | 16 | | agreement reached by such obligation, provided such obligation |
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| 1 | | does not
compel either party to agree to a proposal or require | 2 | | the making of a concession.
| 3 | | (b) The parties to the collective bargaining process shall | 4 | | not effect
or implement a provision in a collective bargaining | 5 | | agreement if the
implementation of that provision would be in | 6 | | violation of, or inconsistent
with, or in conflict with any | 7 | | statute or statutes enacted by the General
Assembly of | 8 | | Illinois. The parties to the collective bargaining process
may | 9 | | effect or implement a provision in a collective bargaining | 10 | | agreement if
the implementation of that provision has the | 11 | | effect of supplementing any
provision in any statute or | 12 | | statutes enacted by the General Assembly of
Illinois pertaining | 13 | | to wages, hours or other conditions of employment;
provided | 14 | | however, no provision in a collective bargaining agreement may | 15 | | be
effected or implemented if such provision has the effect of | 16 | | negating,
abrogating, replacing, reducing, diminishing, or | 17 | | limiting in any way any
employee rights, guarantees or | 18 | | privileges pertaining to wages, hours or
other conditions of | 19 | | employment provided in such statutes. Any provision in
a | 20 | | collective bargaining agreement which has the effect of | 21 | | negating,
abrogating, replacing, reducing, diminishing or | 22 | | limiting in any way any
employee rights, guarantees or | 23 | | privileges provided in an Illinois statute or
statutes shall be | 24 | | void and unenforceable, but shall not affect the
validity, | 25 | | enforceability and implementation of other permissible | 26 | | provisions
of the collective bargaining agreement.
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| 1 | | (c) The collective bargaining agreement negotiated between | 2 | | representatives
of the educational employees and the | 3 | | educational employer shall contain
a grievance resolution | 4 | | procedure which shall apply to all employees in the
unit and | 5 | | shall provide for binding arbitration of disputes concerning | 6 | | the
administration or interpretation of the agreement. The | 7 | | agreement shall
also contain appropriate language prohibiting | 8 | | strikes for the duration of
the agreement. The costs of such | 9 | | arbitration shall be borne equally by the
educational employer | 10 | | and the employee organization.
| 11 | | (d) Once an agreement is reached between representatives of | 12 | | the educational
employees and the educational employer and is | 13 | | ratified by both parties, the
agreement shall be reduced to | 14 | | writing and signed by the parties. In addition to any approval | 15 | | action that has previously been ratified, the final language of | 16 | | the written contract must be approved by the governing board of | 17 | | the educational employer and posted on a publicly accessible | 18 | | website at least 48 hours prior to such approval.
| 19 | | (Source: P.A. 84-832.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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