Full Text of HB4468 100th General Assembly
HB4468 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4468 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/2 | from Ch. 48, par. 1602 | 5 ILCS 315/3 | from Ch. 48, par. 1603 | 5 ILCS 315/4 | from Ch. 48, par. 1604 | 5 ILCS 315/6 | from Ch. 48, par. 1606 | 5 ILCS 315/7 | from Ch. 48, par. 1607 | 5 ILCS 315/9 | from Ch. 48, par. 1609 | 5 ILCS 315/15 | from Ch. 48, par. 1615 | 5 ILCS 315/21.5 | | 105 ILCS 5/34-3.5 | | 115 ILCS 5/1 | from Ch. 48, par. 1701 | 115 ILCS 5/2 | from Ch. 48, par. 1702 | 115 ILCS 5/3 | from Ch. 48, par. 1703 | 115 ILCS 5/4 | from Ch. 48, par. 1704 | 115 ILCS 5/7 | from Ch. 48, par. 1707 | 115 ILCS 5/10 | from Ch. 48, par. 1710 | 115 ILCS 5/12 | from Ch. 48, par. 1712 | 115 ILCS 5/4.5 rep. | |
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Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act to limit the required subjects of collective bargaining under those respective Acts to employee wages. Exempts specified security employees, peace officer units, and units of fire fighters or paramedics from provisions limiting the subjects of collective bargaining to employee wages. Defines "wages". Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 2, 3, 4, 6, 7, 9, 15, and 21.5 as | 6 | | follows:
| 7 | | (5 ILCS 315/2) (from Ch. 48, par. 1602)
| 8 | | Sec. 2. Policy. It is the public policy of the State of | 9 | | Illinois
to grant public employees full
freedom of association, | 10 | | self-organization, and designation of representatives
of their | 11 | | own choosing for the purpose of negotiating wages , hours and | 12 | | other
conditions of employment or other mutual aid or | 13 | | protection .
| 14 | | It is the purpose of this Act to regulate labor relations | 15 | | between public
employers and employees, including the | 16 | | designation of employee representatives,
negotiation of wages, | 17 | | hours and other conditions of employment, and resolution
of | 18 | | disputes arising under collective bargaining agreements.
| 19 | | It is the purpose of this Act to prescribe the legitimate | 20 | | rights of both
public employees and public employers, to | 21 | | protect the public health and safety
of the citizens of | 22 | | Illinois, and to provide peaceful and orderly procedures
for | 23 | | protection of the rights of all. To prevent labor strife and to |
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| 1 | | protect
the public health and safety of the citizens of | 2 | | Illinois,
all collective bargaining disputes involving persons | 3 | | designated by the Board
as performing essential services and | 4 | | those persons defined herein as security employees
shall be | 5 | | submitted to impartial arbitrators, who shall be authorized to
| 6 | | issue awards in order to resolve such disputes. It is the | 7 | | public policy
of the State of Illinois that where the right of | 8 | | employees to strike is
prohibited by law, it is necessary to | 9 | | afford an alternate, expeditious,
equitable and effective | 10 | | procedure for the resolution of labor disputes subject
to | 11 | | approval procedures mandated by this Act. To that end, the | 12 | | provisions
for such awards shall be liberally
construed.
| 13 | | (Source: P.A. 83-1012.)
| 14 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 15 | | Sec. 3. Definitions. As used in this Act, unless the | 16 | | context
otherwise requires:
| 17 | | (a) "Board" means the Illinois
Labor Relations Board or, | 18 | | with respect to a matter over which the
jurisdiction of the | 19 | | Board is assigned to the State Panel or the Local Panel
under | 20 | | Section 5, the panel having jurisdiction over the matter.
| 21 | | (b) "Collective bargaining" means bargaining over terms | 22 | | and conditions
of employment, including hours, wages, and other | 23 | | conditions of employment,
as detailed in Section 7 and which | 24 | | are not excluded by Section 4.
| 25 | | (c) "Confidential employee" means an employee who, in the |
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| 1 | | regular course
of his or her duties, assists and acts in a | 2 | | confidential capacity to persons
who formulate, determine, and | 3 | | effectuate management policies with regard
to labor relations | 4 | | or who, in the regular course of his or her duties, has
| 5 | | authorized access to information relating to the effectuation
| 6 | | or review of the employer's collective bargaining policies.
| 7 | | (d) "Craft employees" means skilled journeymen, crafts | 8 | | persons, and their
apprentices and helpers.
| 9 | | (e) "Essential services employees" means those public | 10 | | employees
performing functions so essential that the | 11 | | interruption or termination of
the function will constitute a | 12 | | clear and present danger to the health and
safety of the | 13 | | persons in the affected community.
| 14 | | (f) "Exclusive representative", except with respect to | 15 | | non-State fire
fighters and paramedics employed by fire | 16 | | departments and fire protection
districts, non-State peace | 17 | | officers, and peace officers in the
Department of State Police, | 18 | | means the labor organization that has
been (i) designated by | 19 | | the Board as the representative of a majority of public
| 20 | | employees in an appropriate bargaining unit in accordance with | 21 | | the procedures
contained in this Act, (ii) historically
| 22 | | recognized by the State of Illinois or
any political | 23 | | subdivision of the State before July 1, 1984
(the effective | 24 | | date of this
Act) as the exclusive representative of the | 25 | | employees in an appropriate
bargaining unit, (iii) after July | 26 | | 1, 1984 (the
effective date of this Act) recognized by an
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| 1 | | employer upon evidence, acceptable to the Board, that the labor
| 2 | | organization has been designated as the exclusive | 3 | | representative by a
majority of the employees in an appropriate | 4 | | bargaining unit;
(iv) recognized as the exclusive | 5 | | representative of personal
assistants under Executive Order | 6 | | 2003-8 prior to the effective date of this
amendatory
Act of | 7 | | the 93rd General Assembly, and the organization shall be | 8 | | considered to
be the
exclusive representative of the personal | 9 | | assistants
as defined
in this Section; or (v) recognized as the | 10 | | exclusive representative of child and day care home providers, | 11 | | including licensed and license exempt providers, pursuant to an | 12 | | election held under Executive Order 2005-1 prior to the | 13 | | effective date of this amendatory Act of the 94th General | 14 | | Assembly, and the organization shall be considered to be the | 15 | | exclusive representative of the child and day care home | 16 | | providers as defined in this Section.
| 17 | | With respect to non-State fire fighters and paramedics | 18 | | employed by fire
departments and fire protection districts, | 19 | | non-State peace officers, and
peace officers in the Department | 20 | | of State Police,
"exclusive representative" means the labor | 21 | | organization that has
been (i) designated by the Board as the | 22 | | representative of a majority of peace
officers or fire fighters | 23 | | in an appropriate bargaining unit in accordance
with the | 24 | | procedures contained in this Act, (ii)
historically recognized
| 25 | | by the State of Illinois or any political subdivision of the | 26 | | State before
January 1, 1986 (the effective date of this |
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| 1 | | amendatory Act of 1985) as the exclusive
representative by a | 2 | | majority of the peace officers or fire fighters in an
| 3 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 4 | | (the effective date of this amendatory
Act of 1985) recognized | 5 | | by an employer upon evidence, acceptable to the
Board, that the | 6 | | labor organization has been designated as the exclusive
| 7 | | representative by a majority of the peace officers or fire | 8 | | fighters in an
appropriate bargaining unit.
| 9 | | Where a historical pattern of representation exists for the | 10 | | workers of a water system that was owned by a public utility, | 11 | | as defined in Section 3-105 of the Public Utilities Act, prior | 12 | | to becoming certified employees of a municipality or | 13 | | municipalities once the municipality or municipalities have | 14 | | acquired the water system as authorized in Section 11-124-5 of | 15 | | the Illinois Municipal Code, the Board shall find the labor | 16 | | organization that has historically represented the workers to | 17 | | be the exclusive representative under this Act, and shall find | 18 | | the unit represented by the exclusive representative to be the | 19 | | appropriate unit. | 20 | | (g) "Fair share agreement" means an agreement between the | 21 | | employer and
an employee organization under which all or any of | 22 | | the employees in a
collective bargaining unit are required to | 23 | | pay their proportionate share of
the costs of the collective | 24 | | bargaining process, contract administration, and
pursuing | 25 | | matters affecting wages, hours, and other conditions of | 26 | | employment,
but not to exceed the amount of dues uniformly |
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| 1 | | required of members. The
amount certified by the exclusive | 2 | | representative shall not include any fees
for contributions | 3 | | related to the election or support of any candidate for
| 4 | | political office. Nothing in this subsection (g) shall
preclude | 5 | | an employee from making
voluntary political contributions in | 6 | | conjunction with his or her fair share
payment.
| 7 | | (g-1) "Fire fighter" means, for the purposes of this Act | 8 | | only, any
person who has been or is hereafter appointed to a | 9 | | fire department or fire
protection district or employed by a | 10 | | state university and sworn or
commissioned to perform fire | 11 | | fighter duties or paramedic duties, except that the
following | 12 | | persons are not included: part-time fire fighters,
auxiliary, | 13 | | reserve or voluntary fire fighters, including paid on-call fire
| 14 | | fighters, clerks and dispatchers or other civilian employees of | 15 | | a fire
department or fire protection district who are not | 16 | | routinely expected to
perform fire fighter duties, or elected | 17 | | officials.
| 18 | | (g-2) "General Assembly of the State of Illinois" means the
| 19 | | legislative branch of the government of the State of Illinois, | 20 | | as provided
for under Article IV of the Constitution of the | 21 | | State of Illinois, and
includes but is not limited to the House | 22 | | of Representatives, the Senate,
the Speaker of the House of | 23 | | Representatives, the Minority Leader of the
House of | 24 | | Representatives, the President of the Senate, the Minority | 25 | | Leader
of the Senate, the Joint Committee on Legislative | 26 | | Support Services and any
legislative support services agency |
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| 1 | | listed in the Legislative Commission
Reorganization Act of | 2 | | 1984.
| 3 | | (h) "Governing body" means, in the case of the State, the | 4 | | State Panel of
the Illinois Labor Relations Board, the Director | 5 | | of the Department of Central
Management Services, and the | 6 | | Director of the Department of Labor; the county
board in the | 7 | | case of a county; the corporate authorities in the case of a
| 8 | | municipality; and the appropriate body authorized to provide | 9 | | for expenditures
of its funds in the case of any other unit of | 10 | | government.
| 11 | | (i) "Labor organization" means any organization in which | 12 | | public employees
participate and that exists for the purpose, | 13 | | in whole or in part, of dealing
with a public employer | 14 | | concerning wages , hours, and other terms and conditions
of | 15 | | employment, including the settlement of grievances .
| 16 | | (i-5) "Legislative liaison" means a person who is an | 17 | | employee of a State agency, the Attorney General, the Secretary | 18 | | of State, the Comptroller, or the Treasurer, as the case may | 19 | | be, and whose job duties require the person to regularly | 20 | | communicate in the course of his or her employment with any | 21 | | official or staff of the General Assembly of the State of | 22 | | Illinois for the purpose of influencing any legislative action. | 23 | | (j) "Managerial employee" means an individual who is | 24 | | engaged
predominantly in executive and management functions | 25 | | and is charged with the
responsibility of directing the | 26 | | effectuation of management policies
and practices. With |
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| 1 | | respect only to State employees in positions under the | 2 | | jurisdiction of the Attorney General, Secretary of State, | 3 | | Comptroller, or Treasurer (i) that were certified in a | 4 | | bargaining unit on or after December 2, 2008, (ii) for which a | 5 | | petition is filed with the Illinois Public Labor Relations | 6 | | Board on or after April 5, 2013 (the effective date of Public | 7 | | Act 97-1172), or (iii) for which a petition is pending before | 8 | | the Illinois Public Labor Relations Board on that date, | 9 | | "managerial employee" means an individual who is engaged in | 10 | | executive and management functions or who is charged with the | 11 | | effectuation of management policies and practices or who | 12 | | represents management interests by taking or recommending | 13 | | discretionary actions that effectively control or implement | 14 | | policy. Nothing in this definition prohibits an individual from | 15 | | also meeting the definition of "supervisor" under subsection | 16 | | (r) of this Section.
| 17 | | (k) "Peace officer" means, for the purposes of this Act | 18 | | only, any
persons who have been or are hereafter appointed to a | 19 | | police force,
department, or agency and sworn or commissioned | 20 | | to perform police duties,
except that the following persons are | 21 | | not
included: part-time police
officers, special police | 22 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 23 | | the Illinois Municipal Code, night watchmen, "merchant | 24 | | police",
court security officers as defined by Section 3-6012.1 | 25 | | of the Counties
Code,
temporary employees, traffic guards or | 26 | | wardens, civilian parking meter and
parking facilities |
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| 1 | | personnel or other individuals specially appointed to
aid or | 2 | | direct traffic at or near schools or public functions or to aid | 3 | | in
civil defense or disaster, parking enforcement employees who | 4 | | are not
commissioned as peace officers and who are not armed | 5 | | and who are not
routinely expected to effect arrests, parking | 6 | | lot attendants, clerks and
dispatchers or other civilian | 7 | | employees of a police department who are not
routinely expected | 8 | | to effect arrests, or elected officials.
| 9 | | (l) "Person" includes one or more individuals, labor | 10 | | organizations, public
employees, associations, corporations, | 11 | | legal representatives, trustees,
trustees in bankruptcy, | 12 | | receivers, or the State of Illinois or any political
| 13 | | subdivision of the State or governing body, but does not | 14 | | include the General
Assembly of the State of Illinois or any | 15 | | individual employed by the General
Assembly of the State of | 16 | | Illinois.
| 17 | | (m) "Professional employee" means any employee engaged in | 18 | | work predominantly
intellectual and varied in character rather | 19 | | than routine mental, manual,
mechanical or physical work; | 20 | | involving the consistent exercise of discretion
and adjustment | 21 | | in its performance; of such a character that the output | 22 | | produced
or the result accomplished cannot be standardized in | 23 | | relation to a given
period of time; and requiring advanced | 24 | | knowledge in a field of science or
learning customarily | 25 | | acquired by a prolonged course of specialized intellectual
| 26 | | instruction and study in an institution of higher learning or a |
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| 1 | | hospital,
as distinguished from a general academic education or | 2 | | from apprenticeship
or from training in the performance of | 3 | | routine mental, manual, or physical
processes; or any employee | 4 | | who has completed the courses of specialized
intellectual | 5 | | instruction and study prescribed in this subsection (m) and is
| 6 | | performing related
work under the supervision of a professional | 7 | | person to qualify to become
a professional employee as defined | 8 | | in this subsection (m).
| 9 | | (n) "Public employee" or "employee", for the purposes of | 10 | | this Act, means
any individual employed by a public employer, | 11 | | including (i) interns and residents
at public hospitals, (ii) | 12 | | as of the effective date of this amendatory Act of the 93rd | 13 | | General
Assembly, but not
before, personal assistants working | 14 | | under the Home
Services
Program under Section 3 of the | 15 | | Rehabilitation of Persons with Disabilities Act, subject to
the
| 16 | | limitations set forth in this Act and in the Rehabilitation of | 17 | | Persons with Disabilities
Act,
(iii) as of the effective date | 18 | | of this amendatory Act of the 94th General Assembly, but not | 19 | | before, child and day care home providers participating in the | 20 | | child care assistance program under Section 9A-11 of the | 21 | | Illinois Public Aid Code, subject to the limitations set forth | 22 | | in this Act and in Section 9A-11 of the Illinois Public Aid | 23 | | Code, (iv) as of January 29, 2013 (the effective date of Public | 24 | | Act 97-1158), but not before except as otherwise provided in | 25 | | this subsection (n), home care and home health workers who | 26 | | function as personal assistants and individual maintenance |
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| 1 | | home health workers and who also work under the Home Services | 2 | | Program under Section 3 of the Rehabilitation of Persons with | 3 | | Disabilities Act, no matter whether the State provides those | 4 | | services through direct fee-for-service arrangements, with the | 5 | | assistance of a managed care organization or other | 6 | | intermediary, or otherwise, (v) beginning on the effective date | 7 | | of this amendatory Act of the 98th General Assembly and | 8 | | notwithstanding any other provision of this Act, any person | 9 | | employed by a public employer and who is classified as or who | 10 | | holds the employment title of Chief Stationary Engineer, | 11 | | Assistant Chief Stationary Engineer, Sewage Plant Operator, | 12 | | Water Plant Operator, Stationary Engineer, Plant Operating | 13 | | Engineer, and any other employee who holds the position of: | 14 | | Civil Engineer V, Civil Engineer VI, Civil Engineer VII, | 15 | | Technical Manager I, Technical Manager II, Technical Manager | 16 | | III, Technical Manager IV, Technical Manager V, Technical | 17 | | Manager VI, Realty Specialist III, Realty Specialist IV, Realty | 18 | | Specialist V, Technical Advisor I, Technical Advisor II, | 19 | | Technical Advisor III, Technical Advisor IV, or Technical | 20 | | Advisor V employed by the Department of Transportation who is | 21 | | in a position which is certified in a bargaining unit on or | 22 | | before the effective date of this amendatory Act of the 98th | 23 | | General Assembly, and (vi) beginning on the effective date of | 24 | | this amendatory Act of the 98th General Assembly and | 25 | | notwithstanding any other provision of this Act, any mental | 26 | | health administrator in the Department of Corrections who is |
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| 1 | | classified as or who holds the position of Public Service | 2 | | Administrator (Option 8K), any employee of the Office of the | 3 | | Inspector General in the Department of Human Services who is | 4 | | classified as or who holds the position of Public Service | 5 | | Administrator (Option 7), any Deputy of Intelligence in the | 6 | | Department of Corrections who is classified as or who holds the | 7 | | position of Public Service Administrator (Option 7), and any | 8 | | employee of the Department of State Police who handles issues | 9 | | concerning the Illinois State Police Sex Offender Registry and | 10 | | who is classified as or holds the position of Public Service | 11 | | Administrator (Option 7), but excluding all of the following: | 12 | | employees of the
General Assembly of the State of Illinois; | 13 | | elected officials; executive
heads of a department; members of | 14 | | boards or commissions; the Executive
Inspectors General; any | 15 | | special Executive Inspectors General; employees of each
Office | 16 | | of an Executive Inspector General;
commissioners and employees | 17 | | of the Executive Ethics Commission; the Auditor
General's | 18 | | Inspector General; employees of the Office of the Auditor | 19 | | General's
Inspector General; the Legislative Inspector | 20 | | General; any special Legislative
Inspectors General; employees | 21 | | of the Office
of the Legislative Inspector General;
| 22 | | commissioners and employees of the Legislative Ethics | 23 | | Commission;
employees
of any
agency, board or commission | 24 | | created by this Act; employees appointed to
State positions of | 25 | | a temporary or emergency nature; all employees of school
| 26 | | districts and higher education institutions except |
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| 1 | | firefighters and peace
officers employed
by a state university | 2 | | and except peace officers employed by a school district in its | 3 | | own police department in existence on the effective date of | 4 | | this amendatory Act of the 96th General Assembly; managerial | 5 | | employees; short-term employees; legislative liaisons; a | 6 | | person who is a State employee under the jurisdiction of the | 7 | | Office of the Attorney General who is licensed to practice law | 8 | | or whose position authorizes, either directly or indirectly, | 9 | | meaningful input into government decision-making on issues | 10 | | where there is room for principled disagreement on goals or | 11 | | their implementation; a person who is a State employee under | 12 | | the jurisdiction of the Office of the Comptroller who holds the | 13 | | position of Public Service Administrator or whose position is | 14 | | otherwise exempt under the Comptroller Merit Employment Code; a | 15 | | person who is a State employee under the jurisdiction of the | 16 | | Secretary of State who holds the position classification of | 17 | | Executive I or higher, whose position authorizes, either | 18 | | directly or indirectly, meaningful input into government | 19 | | decision-making on issues where there is room for principled | 20 | | disagreement on goals or their implementation, or who is | 21 | | otherwise exempt under the Secretary of State Merit Employment | 22 | | Code; employees in the Office of the Secretary of State who are | 23 | | completely exempt from jurisdiction B of the Secretary of State | 24 | | Merit Employment Code and who are in Rutan-exempt positions on | 25 | | or after April 5, 2013 (the effective date of Public Act | 26 | | 97-1172); a person who is a State employee under the |
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| 1 | | jurisdiction of the Treasurer who holds a position that is | 2 | | exempt from the State Treasurer Employment Code; any employee | 3 | | of a State agency who (i) holds the title or position of, or | 4 | | exercises substantially similar duties as a legislative | 5 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 6 | | Executive Director, Agency Deputy Director, Agency Chief | 7 | | Fiscal Officer, Agency Human Resources Director, Public | 8 | | Information Officer, or Chief Information Officer and (ii) was | 9 | | neither included in a bargaining unit nor subject to an active | 10 | | petition for certification in a bargaining unit; any employee | 11 | | of a State agency who (i) is in a position that is | 12 | | Rutan-exempt, as designated by the employer, and completely | 13 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 14 | | neither included in a bargaining unit nor subject to an active | 15 | | petition for certification in a bargaining unit; any term | 16 | | appointed employee of a State agency pursuant to Section 8b.18 | 17 | | or 8b.19 of the Personnel Code who was neither included in a | 18 | | bargaining unit nor subject to an active petition for | 19 | | certification in a bargaining unit; any employment position | 20 | | properly designated pursuant to Section 6.1 of this Act;
| 21 | | confidential employees; independent contractors; and | 22 | | supervisors except as
provided in this Act.
| 23 | | Home care
and home health workers who function as personal | 24 | | assistants and individual maintenance home health workers and | 25 | | who also work under the Home Services Program under Section 3 | 26 | | of the Rehabilitation of Persons with Disabilities Act shall |
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| 1 | | not be considered
public
employees for any purposes not | 2 | | specifically provided for in Public Act 93-204 or Public Act | 3 | | 97-1158, including but not limited to, purposes of vicarious
| 4 | | liability in tort
and purposes of statutory retirement or | 5 | | health insurance benefits. Home care and home health workers | 6 | | who function as personal assistants and individual maintenance | 7 | | home health workers and who also work under the Home Services | 8 | | Program under Section 3 of the Rehabilitation of Persons with | 9 | | Disabilities Act shall not be covered by the State Employees
| 10 | | Group
Insurance Act of 1971 (5 ILCS 375/).
| 11 | | Child and day care home providers shall not be considered | 12 | | public employees for any purposes not specifically provided for | 13 | | in this amendatory Act of the 94th General Assembly, including | 14 | | but not limited to, purposes of vicarious liability in tort and | 15 | | purposes of statutory retirement or health insurance benefits. | 16 | | Child and day care home providers shall not be covered by the | 17 | | State Employees Group Insurance Act of 1971. | 18 | | Notwithstanding Section 9, subsection (c), or any other | 19 | | provisions of
this Act, all peace officers above the rank of | 20 | | captain in
municipalities with more than 1,000,000 inhabitants | 21 | | shall be excluded
from this Act.
| 22 | | (o) Except as otherwise in subsection (o-5), "public | 23 | | employer" or "employer" means the State of Illinois; any
| 24 | | political subdivision of the State, unit of local government or | 25 | | school
district; authorities including departments, divisions, | 26 | | bureaus, boards,
commissions, or other agencies of the |
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| 1 | | foregoing entities; and any person
acting within the scope of | 2 | | his or her authority, express or implied, on
behalf of those | 3 | | entities in dealing with its employees.
As of the effective | 4 | | date of the amendatory Act of the 93rd General Assembly,
but | 5 | | not
before, the State of Illinois shall be considered the | 6 | | employer of the personal assistants working under the Home | 7 | | Services Program
under
Section 3 of the Rehabilitation of | 8 | | Persons with Disabilities Act, subject to the
limitations set | 9 | | forth
in this Act and in the Rehabilitation of Persons with | 10 | | Disabilities Act. As of January 29, 2013 (the effective date of | 11 | | Public Act 97-1158), but not before except as otherwise | 12 | | provided in this subsection (o), the State shall be considered | 13 | | the employer of home care and home health workers who function | 14 | | as personal assistants and individual maintenance home health | 15 | | workers and who also work under the Home Services Program under | 16 | | Section 3 of the Rehabilitation of Persons with Disabilities | 17 | | Act, no matter whether the State provides those services | 18 | | through direct fee-for-service arrangements, with the | 19 | | assistance of a managed care organization or other | 20 | | intermediary, or otherwise, but subject to the limitations set | 21 | | forth in this Act and the Rehabilitation of Persons with | 22 | | Disabilities Act. The State shall not
be
considered to be the | 23 | | employer of home care and home health workers who function as | 24 | | personal
assistants and individual maintenance home health | 25 | | workers and who also work under the Home Services Program under | 26 | | Section 3 of the Rehabilitation of Persons with Disabilities |
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| 1 | | Act, for any
purposes not specifically provided for in Public | 2 | | Act 93-204 or Public Act 97-1158, including but not limited to, | 3 | | purposes of vicarious liability in tort
and
purposes of | 4 | | statutory retirement or health insurance benefits. Home care | 5 | | and home health workers who function as
personal assistants and | 6 | | individual maintenance home health workers and who also work | 7 | | under the Home Services Program under Section 3 of the | 8 | | Rehabilitation of Persons with Disabilities Act shall not be | 9 | | covered by the State Employees Group
Insurance Act of 1971
(5 | 10 | | ILCS 375/).
As of the effective date of this amendatory Act of | 11 | | the 94th General Assembly but not before, the State of Illinois | 12 | | shall be considered the employer of the day and child care home | 13 | | providers participating in the child care assistance program | 14 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 15 | | the limitations set forth in this Act and in Section 9A-11 of | 16 | | the Illinois Public Aid Code. The State shall not be considered | 17 | | to be the employer of child and day care home providers for any | 18 | | purposes not specifically provided for in this amendatory Act | 19 | | of the 94th General Assembly, including but not limited to, | 20 | | purposes of vicarious liability in tort and purposes of | 21 | | statutory retirement or health insurance benefits. Child and | 22 | | day care home providers shall not be covered by the State | 23 | | Employees Group Insurance Act of 1971. | 24 | | "Public employer" or
"employer" as used in this Act, | 25 | | however, does not
mean and shall not include the General | 26 | | Assembly of the State of Illinois,
the Executive Ethics |
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| 1 | | Commission, the Offices of the Executive Inspectors
General, | 2 | | the Legislative Ethics Commission, the Office of the | 3 | | Legislative
Inspector General, the Office of the Auditor | 4 | | General's Inspector General, the Office of the Governor, the | 5 | | Governor's Office of Management and Budget, the Illinois | 6 | | Finance Authority, the Office of the Lieutenant Governor, the | 7 | | State Board of Elections, and educational employers or | 8 | | employers as defined in the Illinois
Educational Labor | 9 | | Relations Act, except with respect to a state university in
its | 10 | | employment of firefighters and peace officers and except with | 11 | | respect to a school district in the employment of peace | 12 | | officers in its own police department in existence on the | 13 | | effective date of this amendatory Act of the 96th General | 14 | | Assembly. County boards and county
sheriffs shall be
designated | 15 | | as joint or co-employers of county peace officers appointed
| 16 | | under the authority of a county sheriff. Nothing in this | 17 | | subsection
(o) shall be construed
to prevent the State Panel or | 18 | | the Local Panel
from determining that employers are joint or | 19 | | co-employers.
| 20 | | (o-5) With respect to
wages, fringe
benefits, hours, | 21 | | holidays, vacations, proficiency
examinations, sick leave, and | 22 | | other conditions of
employment, the public employer of public | 23 | | employees who are court reporters, as
defined in the Court | 24 | | Reporters Act, shall be determined as
follows:
| 25 | | (1) For court reporters employed by the Cook County | 26 | | Judicial
Circuit, the chief judge of the Cook County |
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| 1 | | Circuit
Court is the public employer and employer | 2 | | representative.
| 3 | | (2) For court reporters employed by the 12th, 18th, | 4 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 5 | | circuits, a group consisting of the chief judges of those | 6 | | circuits, acting
jointly by majority vote, is the public | 7 | | employer and employer representative.
| 8 | | (3) For court reporters employed by all other judicial | 9 | | circuits,
a group consisting of the chief judges of those | 10 | | circuits, acting jointly by
majority vote, is the public | 11 | | employer and employer representative.
| 12 | | (p) "Security employee" means an employee who is | 13 | | responsible for the
supervision and control of inmates at | 14 | | correctional facilities. The term
also includes other | 15 | | non-security employees in bargaining units having the
majority | 16 | | of employees being responsible for the supervision and control | 17 | | of
inmates at correctional facilities.
| 18 | | (q) "Short-term employee" means an employee who is employed | 19 | | for less
than 2 consecutive calendar quarters during a calendar | 20 | | year and who does
not have a reasonable assurance that he or | 21 | | she will be rehired by the
same employer for the same service | 22 | | in a subsequent calendar year.
| 23 | | (q-5) "State agency" means an agency directly responsible | 24 | | to the Governor, as defined in Section 3.1 of the Executive | 25 | | Reorganization Implementation Act, and the Illinois Commerce | 26 | | Commission, the Illinois Workers' Compensation Commission, the |
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| 1 | | Civil Service Commission, the Pollution Control Board, the | 2 | | Illinois Racing Board, and the Department of State Police Merit | 3 | | Board. | 4 | | (r) "Supervisor" is: | 5 | | (1) An employee whose principal work is substantially
| 6 | | different from that of his or her subordinates and who has | 7 | | authority, in the
interest of the employer, to hire, | 8 | | transfer, suspend, lay off, recall,
promote, discharge, | 9 | | direct, reward, or discipline employees, to adjust
their | 10 | | grievances, or to effectively recommend any of those | 11 | | actions, if the
exercise
of that authority is not of a | 12 | | merely routine or clerical nature, but
requires the | 13 | | consistent use of independent judgment. Except with | 14 | | respect to
police employment, the term "supervisor" | 15 | | includes only those individuals
who devote a preponderance | 16 | | of their employment time to exercising that
authority, | 17 | | State supervisors notwithstanding. Nothing in this | 18 | | definition prohibits an individual from also meeting the | 19 | | definition of "managerial employee" under subsection (j) | 20 | | of this Section. In addition, in determining
supervisory | 21 | | status in police employment, rank shall not be | 22 | | determinative.
The Board shall consider, as evidence of | 23 | | bargaining unit inclusion or
exclusion, the common law | 24 | | enforcement policies and relationships between
police | 25 | | officer ranks and certification under applicable civil | 26 | | service law,
ordinances, personnel codes, or Division 2.1 |
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| 1 | | of Article 10 of the Illinois
Municipal Code, but these | 2 | | factors shall not
be the sole or predominant factors | 3 | | considered by the Board in determining
police supervisory | 4 | | status.
| 5 | | Notwithstanding the provisions of the preceding | 6 | | paragraph, in determining
supervisory status in fire | 7 | | fighter employment, no fire fighter shall be
excluded as a | 8 | | supervisor who has established representation rights under
| 9 | | Section 9 of this Act. Further, in new fire fighter units, | 10 | | employees shall
consist of fire fighters of the rank of | 11 | | company officer and below. If a company officer otherwise | 12 | | qualifies as a supervisor under the preceding paragraph, | 13 | | however, he or she shall
not be included in the fire | 14 | | fighter
unit. If there is no rank between that of chief and | 15 | | the
highest company officer, the employer may designate a | 16 | | position on each
shift as a Shift Commander, and the | 17 | | persons occupying those positions shall
be supervisors. | 18 | | All other ranks above that of company officer shall be
| 19 | | supervisors.
| 20 | | (2) With respect only to State employees in positions | 21 | | under the jurisdiction of the Attorney General, Secretary | 22 | | of State, Comptroller, or Treasurer (i) that were certified | 23 | | in a bargaining unit on or after December 2, 2008, (ii) for | 24 | | which a petition is filed with the Illinois Public Labor | 25 | | Relations Board on or after April 5, 2013 (the effective | 26 | | date of Public Act 97-1172), or (iii) for which a petition |
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| 1 | | is pending before the Illinois Public Labor Relations Board | 2 | | on that date, an employee who qualifies as a supervisor | 3 | | under (A) Section 152 of the National Labor Relations Act | 4 | | and (B) orders of the National Labor Relations Board | 5 | | interpreting that provision or decisions of courts | 6 | | reviewing decisions of the National Labor Relations Board. | 7 | | (s)(1) "Unit" means a class of jobs or positions that are | 8 | | held by
employees whose collective interests may suitably be | 9 | | represented by a labor
organization for collective bargaining. | 10 | | Except with respect to non-State fire
fighters and paramedics | 11 | | employed by fire departments and fire protection
districts, | 12 | | non-State peace officers, and peace officers in the Department | 13 | | of
State Police, a bargaining unit determined by the Board | 14 | | shall not include both
employees and supervisors, or | 15 | | supervisors only, except as provided in paragraph
(2) of this | 16 | | subsection (s) and except for bargaining units in existence on | 17 | | July
1, 1984 (the effective date of this Act). With respect to | 18 | | non-State fire
fighters and paramedics employed by fire | 19 | | departments and fire protection
districts, non-State peace | 20 | | officers, and peace officers in the Department of
State Police, | 21 | | a bargaining unit determined by the Board shall not include | 22 | | both
supervisors and nonsupervisors, or supervisors only, | 23 | | except as provided in
paragraph (2) of this subsection (s) and | 24 | | except for bargaining units in
existence on January 1, 1986 | 25 | | (the effective date of this amendatory Act of
1985). A | 26 | | bargaining unit determined by the Board to contain peace |
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| 1 | | officers
shall contain no employees other than peace officers | 2 | | unless otherwise agreed to
by the employer and the labor | 3 | | organization or labor organizations involved.
Notwithstanding | 4 | | any other provision of this Act, a bargaining unit, including a
| 5 | | historical bargaining unit, containing sworn peace officers of | 6 | | the Department
of Natural Resources (formerly designated the | 7 | | Department of Conservation) shall
contain no employees other | 8 | | than such sworn peace officers upon the effective
date of this | 9 | | amendatory Act of 1990 or upon the expiration date of any
| 10 | | collective bargaining agreement in effect upon the effective | 11 | | date of this
amendatory Act of 1990 covering both such sworn | 12 | | peace officers and other
employees.
| 13 | | (2) Notwithstanding the exclusion of supervisors from | 14 | | bargaining units
as provided in paragraph (1) of this | 15 | | subsection (s), a public
employer may agree to permit its | 16 | | supervisory employees to form bargaining units
and may bargain | 17 | | with those units. This Act shall apply if the public employer
| 18 | | chooses to bargain under this subsection.
| 19 | | (3) Public employees who are court reporters, as defined
in | 20 | | the Court Reporters Act,
shall be divided into 3 units for | 21 | | collective bargaining purposes. One unit
shall be court | 22 | | reporters employed by the Cook County Judicial Circuit; one
| 23 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 24 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 25 | | and one unit shall be court reporters employed by all other
| 26 | | judicial circuits.
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| 1 | | (s-5) "Wages" means only total base wages and excludes any | 2 | | other compensation, which includes, but is not limited to, | 3 | | overtime, premium pay, merit pay, performance pay, | 4 | | supplemental compensation, pay schedules, and automatic pay | 5 | | progressions. | 6 | | (t) "Active petition for certification in a bargaining | 7 | | unit" means a petition for certification filed with the Board | 8 | | under one of the following case numbers: S-RC-11-110; | 9 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 10 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 11 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 12 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 13 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 14 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 15 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 16 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 17 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 18 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 19 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 20 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 21 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 22 | | S-RC-07-100. | 23 | | (Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14; | 24 | | 99-143, eff. 7-27-15.)
| 25 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
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| 1 | | (Text of Section WITH the changes made by P.A. 98-599, | 2 | | which has been held unconstitutional) | 3 | | Sec. 4. Management Rights. Employers shall not be required | 4 | | to bargain
over matters of inherent managerial policy, which | 5 | | shall include such areas
of discretion or policy as the | 6 | | functions of the employer, standards of
services,
its overall | 7 | | budget, the organizational structure and selection of new
| 8 | | employees, examination techniques
and direction of employees. | 9 | | Employers, however, shall be required to bargain
collectively | 10 | | with regard to
policy matters directly affecting wages, hours | 11 | | and terms and conditions of employment
as well as the impact | 12 | | thereon upon request by employee representatives, except as | 13 | | provided in Section 7.5.
| 14 | | To preserve the rights of employers and exclusive | 15 | | representatives which
have established collective bargaining | 16 | | relationships or negotiated collective
bargaining agreements | 17 | | prior to the effective date of this Act, employers
shall be | 18 | | required to bargain collectively with regard to any matter | 19 | | concerning
wages, hours or conditions of employment about which | 20 | | they have bargained
for and agreed to in a collective | 21 | | bargaining agreement
prior to the effective date of this Act, | 22 | | except as provided in Section 7.5.
| 23 | | The chief judge of the judicial circuit that employs a | 24 | | public employee who
is
a court reporter, as defined in the | 25 | | Court Reporters Act, has the authority to
hire, appoint, | 26 | | promote, evaluate, discipline, and discharge court reporters
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| 1 | | within that judicial circuit.
| 2 | | Nothing in this amendatory Act of the 94th General Assembly | 3 | | shall
be construed to intrude upon the judicial functions of | 4 | | any court. This
amendatory Act of the 94th General Assembly | 5 | | applies only to nonjudicial
administrative matters relating to | 6 | | the collective bargaining rights of court
reporters.
| 7 | | (Source: P.A. 98-599, eff. 6-1-14 .) | 8 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 9 | | which has been held unconstitutional) | 10 | | Sec. 4. Management Rights. Employers shall not be required | 11 | | to bargain
over matters of inherent managerial policy, which | 12 | | shall include such areas
of discretion or policy as the | 13 | | functions of the employer, standards of
services,
its overall | 14 | | budget, the organizational structure and selection of new
| 15 | | employees, examination techniques
and direction of employees. | 16 | | Employers, however, shall be required to bargain
collectively | 17 | | with regard to
policy matters directly affecting wages , hours | 18 | | and terms and conditions of employment
as well as the impact | 19 | | thereon upon request by employee representatives . With respect | 20 | | to bargaining units with at least 30% of members who are | 21 | | security employees of a public employer, peace officer units, | 22 | | or units of fire fighters or paramedics, employers shall be | 23 | | required to bargain collectively with regard to policy matters | 24 | | directly affecting wages, hours, and terms of conditions of | 25 | | employment, as well as the impact thereon.
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| 1 | | To preserve the rights of employers and exclusive | 2 | | representatives which
have established collective bargaining | 3 | | relationships or negotiated collective
bargaining agreements | 4 | | prior to the effective date of this Act, employers
shall be | 5 | | required to bargain collectively with regard to any matter | 6 | | concerning
wages , hours or conditions of employment about which | 7 | | they have bargained
for and agreed to in a collective | 8 | | bargaining agreement
prior to the effective date of this Act.
| 9 | | The chief judge of the judicial circuit that employs a | 10 | | public employee who
is
a court reporter, as defined in the | 11 | | Court Reporters Act, has the authority to
hire, appoint, | 12 | | promote, evaluate, discipline, and discharge court reporters
| 13 | | within that judicial circuit.
| 14 | | Nothing in this amendatory Act of the 94th General Assembly | 15 | | shall
be construed to intrude upon the judicial functions of | 16 | | any court. This
amendatory Act of the 94th General Assembly | 17 | | applies only to nonjudicial
administrative matters relating to | 18 | | the collective bargaining rights of court
reporters.
| 19 | | (Source: P.A. 94-98, eff. 7-1-05.)
| 20 | | (5 ILCS 315/6) (from Ch. 48, par. 1606)
| 21 | | Sec. 6. Right to organize and bargain collectively; | 22 | | exclusive
representation; and fair share arrangements. | 23 | | (a) Employees of the State and
any political subdivision of | 24 | | the State, excluding employees of the General
Assembly of the | 25 | | State of Illinois and employees excluded from the definition of |
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| 1 | | "public employee" under subsection (n) of Section 3 of this | 2 | | Act, have, and are protected in the exercise
of, the right of | 3 | | self-organization,
and may form, join or assist any labor | 4 | | organization, to bargain collectively
through representatives | 5 | | of their own choosing on questions of wages , hours
and other | 6 | | conditions of employment, not excluded by Section 4 of this | 7 | | Act,
and to engage in other concerted activities not otherwise | 8 | | prohibited by law
for the purposes of collective bargaining or | 9 | | other mutual aid or protection,
free from interference, | 10 | | restraint or coercion. Employees also have, and
are protected | 11 | | in the exercise of, the right to refrain from participating
in | 12 | | any such concerted activities. Employees may be required,
| 13 | | pursuant to the terms of a lawful fair share agreement, to pay | 14 | | a fee which
shall be their proportionate share
of the costs of | 15 | | the collective bargaining process, contract administration
and | 16 | | pursuing matters affecting wages , hours and other conditions of | 17 | | employment
as defined in Section 3(g). Nothing in this | 18 | | subsection (a) shall prevent a bargaining unit with at least | 19 | | 30% of members who are security employees of a public employer, | 20 | | peace officer units, or units of fire fighters or paramedics | 21 | | from collectively bargaining on questions of wages, hours, and | 22 | | other conditions of employment not excluded by Section 4 of | 23 | | this Act.
| 24 | | (b) Nothing in this Act prevents an employee from | 25 | | presenting a grievance
to the employer and having the grievance | 26 | | heard and settled without the
intervention of an employee |
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| 1 | | organization; provided that the exclusive
bargaining | 2 | | representative is afforded the opportunity to be present at | 3 | | such
conference and that any settlement made shall not be | 4 | | inconsistent with the
terms of any agreement in effect between | 5 | | the employer and the exclusive
bargaining representative.
| 6 | | (c) A labor organization designated by the Board as the | 7 | | representative
of the majority of public employees in an | 8 | | appropriate unit in accordance
with the procedures herein or | 9 | | recognized
by a public employer as the representative of the | 10 | | majority of public employees
in an appropriate unit is the | 11 | | exclusive representative for the employees
of such unit for the | 12 | | purpose of collective bargaining with respect to rates
of pay, | 13 | | wages , hours and other conditions of employment not excluded by
| 14 | | Section 4 of this Act . A public employer is required upon | 15 | | request to furnish the exclusive bargaining representative | 16 | | with a complete list of the names and addresses of the public | 17 | | employees in the bargaining unit, provided that a public | 18 | | employer shall not be required to furnish such a list more than | 19 | | once per payroll period. The exclusive bargaining | 20 | | representative shall use the list exclusively for bargaining | 21 | | representation purposes and shall not disclose any information | 22 | | contained in the list for any other purpose. Nothing in this | 23 | | Section, however, shall prohibit a bargaining representative | 24 | | from disseminating a list of its union members.
| 25 | | (d) Labor organizations recognized by a public employer as | 26 | | the exclusive
representative or so designated in accordance |
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| 1 | | with the provisions of this
Act are responsible for | 2 | | representing the interests of all public employees
in the unit. | 3 | | Nothing herein shall be construed to limit an exclusive
| 4 | | representative's right to exercise its discretion to refuse to | 5 | | process
grievances of employees that are unmeritorious.
| 6 | | (e) When a collective bargaining agreement is entered into | 7 | | with an exclusive
representative, it may include in the | 8 | | agreement a provision requiring employees
covered by the | 9 | | agreement who are not members of the organization to pay
their | 10 | | proportionate share of the costs of the collective bargaining | 11 | | process,
contract administration and pursuing matters | 12 | | affecting wages , hours and
conditions of employment, as defined | 13 | | in Section 3 (g), but not to exceed
the amount of dues | 14 | | uniformly required of members. The organization shall
certify | 15 | | to the employer the amount constituting each nonmember | 16 | | employee's
proportionate share which shall not exceed dues | 17 | | uniformly required of members.
In such case, the proportionate | 18 | | share payment in this Section shall be deducted
by the employer | 19 | | from the earnings of the nonmember employees and paid to
the | 20 | | employee organization.
| 21 | | (f) Only the exclusive representative may negotiate
| 22 | | provisions in a collective bargaining agreement providing for | 23 | | the payroll
deduction of labor organization dues, fair share | 24 | | payment, initiation fees
and assessments. Except as provided in | 25 | | subsection (e) of this Section, any
such deductions shall only | 26 | | be made upon an employee's written
authorization, and continued |
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| 1 | | until revoked in writing in the same manner or
until the | 2 | | termination date of an applicable collective bargaining
| 3 | | agreement. Such payments shall be paid to the exclusive | 4 | | representative.
| 5 | | Where a collective bargaining agreement is terminated, or | 6 | | continues in effect beyond its scheduled expiration date | 7 | | pending the negotiation of a successor agreement or the | 8 | | resolution of an impasse under Section 14, the employer shall | 9 | | continue to honor and abide by any dues deduction or fair share | 10 | | clause contained therein until a new agreement is reached | 11 | | including dues deduction or a fair share clause. For the | 12 | | benefit of any successor exclusive representative certified | 13 | | under this Act, this provision shall be applicable, provided | 14 | | the successor exclusive representative: | 15 | | (i) certifies to the employer the amount constituting | 16 | | each non-member's proportionate share under subsection | 17 | | (e); or | 18 | | (ii) presents the employer with employee written | 19 | | authorizations for the deduction of dues, assessments, and | 20 | | fees under this subsection. | 21 | | Failure to so honor and abide by dues deduction or fair | 22 | | share clauses for the benefit of any exclusive representative, | 23 | | including a successor, shall be a violation of the duty to | 24 | | bargain and an unfair labor practice.
| 25 | | (g) Agreements containing a fair share agreement must | 26 | | safeguard the right
of nonassociation of employees based upon |
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| 1 | | bona fide religious tenets or
teachings of a church or | 2 | | religious body of which such employees are members.
Such | 3 | | employees may be required to pay an amount equal to their fair | 4 | | share,
determined under a lawful fair share agreement, to a | 5 | | nonreligious charitable
organization mutually agreed upon by | 6 | | the employees affected and the exclusive
bargaining | 7 | | representative to which such employees would otherwise pay such
| 8 | | service fee. If the affected employees and the bargaining | 9 | | representative
are unable to reach an agreement on the matter, | 10 | | the Board may establish an
approved list of charitable | 11 | | organizations to which such payments may be made.
| 12 | | (Source: P.A. 97-1172, eff. 4-5-13.)
| 13 | | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| 14 | | Sec. 7. Duty to bargain. A public employer and the | 15 | | exclusive representative
have the authority and the duty to | 16 | | bargain collectively set forth in this
Section.
| 17 | | For the purposes of this Act, "to bargain collectively" | 18 | | means the performance
of the mutual obligation of the public | 19 | | employer or his designated
representative and the | 20 | | representative of the public employees to meet at
reasonable | 21 | | times, including meetings in advance of the budget-making | 22 | | process,
and to negotiate in good faith with respect to wages , | 23 | | hours, and other
conditions
of employment, not excluded by | 24 | | Section 4 of this Act, or the negotiation
of an agreement, or | 25 | | any question arising
thereunder and the execution of a written |
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| 1 | | contract incorporating any agreement
reached if requested by | 2 | | either party, but such obligation does not compel
either party | 3 | | to agree to a proposal or require the making of a concession.
| 4 | | The duty "to bargain collectively" shall also include an | 5 | | obligation to
negotiate over any matter with respect to wages , | 6 | | hours and other conditions
of employment, not specifically | 7 | | provided for in any other law or not specifically
in violation | 8 | | of the provisions
of any law. If any other law pertains, in | 9 | | part, to a matter affecting
the wages, hours and other | 10 | | conditions of employment, such other law shall
not be construed | 11 | | as limiting the duty "to bargain collectively" and to enter
| 12 | | into collective bargaining agreements containing clauses which | 13 | | either supplement,
implement, or relate to the effect of such | 14 | | provisions in other laws.
| 15 | | The duty "to bargain collectively" shall also include | 16 | | negotiations
as to the terms of a collective bargaining | 17 | | agreement.
The parties may, by mutual agreement, provide for | 18 | | arbitration of impasses
resulting from their inability to agree | 19 | | upon wages , hours and terms and
conditions of employment to be | 20 | | included in a collective bargaining agreement.
Such | 21 | | arbitration provisions shall be subject to the Illinois | 22 | | "Uniform Arbitration
Act" unless agreed by the parties.
| 23 | | The duty "to bargain collectively" shall also mean that no | 24 | | party to a collective
bargaining contract shall terminate or | 25 | | modify such contract, unless the
party desiring such | 26 | | termination or modification:
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| 1 | | (1) serves a written notice upon the other party to the | 2 | | contract of the
proposed termination or modification 60 | 3 | | days prior to the expiration date
thereof, or in the event | 4 | | such contract contains no expiration date, 60 days
prior to | 5 | | the time it is proposed to make such termination or | 6 | | modification;
| 7 | | (2) offers to meet and confer with the other party for | 8 | | the purpose of
negotiating a new contract or a contract | 9 | | containing the proposed modifications;
| 10 | | (3) notifies the Board within 30 days after such notice | 11 | | of the existence
of a dispute, provided no agreement has | 12 | | been reached by that time; and
| 13 | | (4) continues in full force and effect, without | 14 | | resorting to strike or
lockout, all the terms and | 15 | | conditions of the existing contract for a period
of 60 days | 16 | | after such notice is given to the other party or until the | 17 | | expiration
date of such contract, whichever occurs later.
| 18 | | The duties imposed upon employers, employees and labor | 19 | | organizations by
paragraphs (2), (3) and (4) shall become | 20 | | inapplicable upon an intervening
certification of the Board, | 21 | | under which the labor organization, which is
a party to the | 22 | | contract, has been superseded as or ceased to be the exclusive
| 23 | | representative
of the employees pursuant to the provisions of | 24 | | subsection (a) of Section
9, and the duties so imposed shall | 25 | | not be construed as requiring either
party to discuss or agree | 26 | | to any modification of the terms and conditions
contained in a |
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| 1 | | contract for a fixed period, if such modification is to become
| 2 | | effective before such terms and conditions can be reopened | 3 | | under the provisions
of the contract.
| 4 | | Collective bargaining for home care and home health workers | 5 | | who function as personal assistants and individual maintenance | 6 | | home health workers
under
the Home Services Program shall be | 7 | | limited to the terms and conditions of
employment
under the | 8 | | State's control, as defined in Public Act 93-204 or this | 9 | | amendatory Act of the 97th General Assembly, as applicable.
| 10 | | Collective bargaining for child and day care home providers | 11 | | under the child care assistance program shall be limited to the | 12 | | terms and conditions of employment under the State's control, | 13 | | as defined in this amendatory Act of the 94th General Assembly.
| 14 | | Notwithstanding any other provision of this Section, | 15 | | whenever collective bargaining is for the purpose of | 16 | | establishing an initial agreement following original | 17 | | certification of units with fewer than 35 employees, with | 18 | | respect to public employees other than peace officers, fire | 19 | | fighters, and security employees, the following apply: | 20 | | (1) Not later than 10 days after receiving a written | 21 | | request for collective bargaining from a labor | 22 | | organization that has been newly certified as a | 23 | | representative as defined in Section 6(c), or within such | 24 | | further period as the parties agree upon, the parties shall | 25 | | meet and commence to bargain collectively and shall make | 26 | | every reasonable effort to conclude and sign a collective |
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| 1 | | bargaining agreement. | 2 | | (2) If anytime after the expiration of the 90-day | 3 | | period beginning on the date on which bargaining is | 4 | | commenced the parties have failed to reach an agreement, | 5 | | either party may notify the Illinois Public Labor Relations | 6 | | Board of the existence of a dispute and request mediation | 7 | | in accordance with the provisions of Section 14 of this | 8 | | Act. | 9 | | (3) If after the expiration of the 30-day period | 10 | | beginning on the date on which mediation commenced, or such | 11 | | additional period as the parties may agree upon, the | 12 | | mediator is not able to bring the parties to agreement by | 13 | | conciliation, either the exclusive representative of the | 14 | | employees or the employer may request of the other, in | 15 | | writing, arbitration and shall submit a copy of the request | 16 | | to the board. Upon submission of the request for | 17 | | arbitration, the parties shall be required to participate | 18 | | in the impasse arbitration procedures set forth in Section | 19 | | 14 of this Act, except the right to strike shall not be | 20 | | considered waived pursuant to Section 17 of this Act, until | 21 | | the actual convening of the arbitration hearing. | 22 | | Notwithstanding any provision of this Act to the contrary, | 23 | | for negotiations regarding a bargaining unit with at least 30% | 24 | | of members who are security employees of a public employer, | 25 | | peace officer units, or units of fire fighters or paramedics, | 26 | | the duty "to bargain collectively" shall include an obligation |
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| 1 | | to negotiate in good faith over any matter with respect to | 2 | | wages, hours, and other conditions of employment, not excluded | 3 | | by Section 4 of this Act, including, but not limited to, policy | 4 | | matters and terms of agreement directly affecting wages, hours, | 5 | | and terms and conditions of employment as well as the impact | 6 | | thereon. | 7 | | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| 8 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| 9 | | Sec. 9. Elections; recognition.
| 10 | | (a) Whenever in accordance with such
regulations as may be | 11 | | prescribed by the Board a petition has been filed:
| 12 | | (1) by a public employee or group of public employees | 13 | | or any labor
organization acting in their behalf | 14 | | demonstrating that 30% of the public
employees in an | 15 | | appropriate unit (A) wish to be represented for the
| 16 | | purposes of collective bargaining by a labor organization | 17 | | as exclusive
representative, or (B) asserting that the | 18 | | labor organization which has been
certified or is currently | 19 | | recognized by the public employer as bargaining
| 20 | | representative is no longer the representative of the | 21 | | majority of public
employees in the unit; or
| 22 | | (2) by a public employer alleging that one or more | 23 | | labor organizations
have presented to it a claim that they | 24 | | be recognized as the representative
of a majority of the | 25 | | public employees in an appropriate unit,
|
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| 1 | | the Board
shall investigate such petition, and if it has | 2 | | reasonable cause to believe
that a question of representation | 3 | | exists, shall provide for an appropriate
hearing upon due | 4 | | notice. Such hearing shall be held at the offices of
the Board | 5 | | or such other location as the Board deems appropriate.
If it | 6 | | finds upon the record of the hearing that a question of
| 7 | | representation exists, it shall direct an election in | 8 | | accordance with
subsection (d) of this Section, which election | 9 | | shall be held not later than
120 days after the date the | 10 | | petition was filed regardless of whether that
petition was | 11 | | filed before or after the effective date of this amendatory
Act | 12 | | of 1987; provided, however, the Board may extend the time for | 13 | | holding an
election by an additional 60 days if, upon motion by | 14 | | a person who has filed
a petition under this Section or is the | 15 | | subject of a petition filed under
this Section and is a party | 16 | | to such hearing, or upon the Board's own
motion, the Board | 17 | | finds that good cause has been shown for extending the
election | 18 | | date; provided further, that nothing in this Section shall | 19 | | prohibit
the Board, in its discretion, from extending the time | 20 | | for holding an
election for so long as may be necessary under | 21 | | the circumstances, where the
purpose for such extension is to | 22 | | permit resolution by the Board of an
unfair labor practice | 23 | | charge filed by one of the parties to a
representational | 24 | | proceeding against the other based upon conduct which may
| 25 | | either affect the existence of a question concerning | 26 | | representation or have
a tendency to interfere with a fair and |
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| 1 | | free election, where the party
filing the charge has not filed | 2 | | a request to proceed with the election; and
provided further | 3 | | that prior to the expiration of the total time allotted
for | 4 | | holding an election, a person who has filed a petition under | 5 | | this
Section or is the subject of a petition filed under this | 6 | | Section and is a
party to such hearing or the Board, may move | 7 | | for and obtain the entry
of an order in the circuit court of | 8 | | the county in which the majority of the
public employees sought | 9 | | to be represented by such person reside, such order
extending | 10 | | the date upon which the election shall be held. Such order | 11 | | shall
be issued by the circuit court only upon a judicial | 12 | | finding that there has
been a sufficient showing that there is | 13 | | good cause to extend the election
date beyond such period and | 14 | | shall require the Board to hold the
election as soon as is | 15 | | feasible given the totality of the circumstances.
Such 120 day | 16 | | period may be extended one or more times by the agreement
of | 17 | | all parties to the hearing to a date certain without the | 18 | | necessity of
obtaining a court order. Nothing in this Section | 19 | | prohibits the waiving
of hearings by stipulation for the | 20 | | purpose of a consent election in conformity
with the rules and | 21 | | regulations of the Board or an election in a unit agreed
upon | 22 | | by the parties. Other interested employee organizations may | 23 | | intervene
in the proceedings in the manner and within the time | 24 | | period specified by
rules and regulations of the Board. | 25 | | Interested parties who are necessary
to the proceedings may | 26 | | also intervene in the proceedings in the manner and
within the |
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| 1 | | time period specified by the rules and regulations of the | 2 | | Board.
| 3 | | (a-5) The Board shall designate an exclusive | 4 | | representative for purposes
of
collective bargaining when the | 5 | | representative demonstrates a showing of
majority interest by | 6 | | employees in the unit. If the parties to a dispute are
without
| 7 | | agreement on the means to ascertain the choice, if any, of | 8 | | employee
organization
as their representative, the Board shall | 9 | | ascertain the employees' choice of
employee organization, on | 10 | | the basis of dues deduction authorization or other
evidence, | 11 | | or, if necessary, by conducting an election. All evidence | 12 | | submitted by an employee organization to the Board to ascertain | 13 | | an employee's choice of an employee organization is | 14 | | confidential and shall not be submitted to the employer for | 15 | | review. The Board shall ascertain the employee's choice of | 16 | | employee organization within 120 days after the filing of the | 17 | | majority interest petition; however, the Board may extend time | 18 | | by an additional 60 days, upon its own motion or upon the | 19 | | motion of a party to the proceeding. If either party provides
| 20 | | to the Board, before the designation of a representative, clear | 21 | | and convincing
evidence that the dues deduction | 22 | | authorizations, and other evidence upon which
the Board would | 23 | | otherwise rely to ascertain the employees' choice of
| 24 | | representative, are fraudulent or were obtained through | 25 | | coercion, the Board
shall promptly thereafter conduct an | 26 | | election. The Board shall also investigate
and consider a |
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| 1 | | party's allegations that the dues deduction authorizations and
| 2 | | other evidence submitted in support of a designation of | 3 | | representative without
an election were subsequently changed, | 4 | | altered, withdrawn, or withheld as a
result of employer fraud, | 5 | | coercion, or any other unfair labor practice by the
employer. | 6 | | If the Board determines that a labor organization would have | 7 | | had a
majority interest but for an employer's fraud, coercion, | 8 | | or unfair labor
practice, it shall designate the labor | 9 | | organization as an exclusive
representative without conducting | 10 | | an
election. If a hearing is necessary to resolve any issues of | 11 | | representation under this Section, the Board shall conclude its | 12 | | hearing process and issue a certification of the entire | 13 | | appropriate unit not later than 120 days after the date the | 14 | | petition was filed. The 120-day period may be extended one or | 15 | | more times by the agreement of all parties to a hearing to a | 16 | | date certain.
| 17 | | (a-6) A labor organization or an employer may file a unit | 18 | | clarification petition seeking to clarify an existing | 19 | | bargaining unit. The Board shall conclude its investigation, | 20 | | including any hearing process deemed necessary, and issue a | 21 | | certification of clarified unit or dismiss the petition not | 22 | | later than 120 days after the date the petition was filed. The | 23 | | 120-day period may be extended one or more times by the | 24 | | agreement of all parties to a hearing to a date certain. | 25 | | (b) The Board shall decide in each case, in order to assure | 26 | | public employees
the fullest freedom in exercising the rights |
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| 1 | | guaranteed by this Act, a unit
appropriate for the purpose of | 2 | | collective bargaining, based upon but not
limited to such | 3 | | factors as: historical pattern of recognition; community
of | 4 | | interest including employee skills and functions; degree of | 5 | | functional
integration; interchangeability and contact among | 6 | | employees; fragmentation
of employee groups; common | 7 | | supervision, wages, hours and other working
conditions of the | 8 | | employees involved; and the desires of the employees.
For | 9 | | purposes of this subsection, fragmentation shall not be the | 10 | | sole or
predominant factor used by the Board in determining an | 11 | | appropriate
bargaining unit. Except with respect to non-State | 12 | | fire fighters and
paramedics employed by fire departments and | 13 | | fire protection districts,
non-State peace officers and peace | 14 | | officers in the State
Department of State Police, a single | 15 | | bargaining unit determined by the
Board may not include both | 16 | | supervisors and nonsupervisors, except for
bargaining units in | 17 | | existence on the effective date of this Act. With
respect to | 18 | | non-State fire fighters and paramedics employed by fire
| 19 | | departments and fire protection districts, non-State peace | 20 | | officers and
peace officers in the State Department of State | 21 | | Police, a single bargaining
unit determined by the Board may | 22 | | not include both supervisors and
nonsupervisors, except for | 23 | | bargaining units in existence on the effective
date of this | 24 | | amendatory Act of 1985.
| 25 | | In cases involving an historical pattern of recognition, | 26 | | and in cases where
the employer has recognized the union as the |
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| 1 | | sole and exclusive bargaining
agent for a specified existing | 2 | | unit, the Board shall find the employees
in the unit then | 3 | | represented by the union pursuant to the recognition to
be the | 4 | | appropriate unit.
| 5 | | Notwithstanding the above factors, where the majority of | 6 | | public employees
of a craft so decide, the Board shall | 7 | | designate such craft as a unit
appropriate for the purposes of | 8 | | collective bargaining.
| 9 | | The Board shall not decide that any unit is appropriate if | 10 | | such unit
includes both professional and nonprofessional | 11 | | employees, unless a majority
of each group votes for inclusion | 12 | | in such unit.
| 13 | | (c) Nothing in this Act shall interfere with or negate the | 14 | | current
representation rights or patterns and practices of | 15 | | labor organizations
which have historically represented public | 16 | | employees for the purpose of
collective bargaining, including | 17 | | but not limited to the negotiations of
wages, hours and working | 18 | | conditions, discussions of employees' grievances,
resolution | 19 | | of jurisdictional disputes, or the establishment and | 20 | | maintenance
of prevailing wage rates, unless a majority of | 21 | | employees so represented
express a contrary desire pursuant to | 22 | | the procedures set forth in this Act.
| 23 | | (d) In instances where the employer does not voluntarily | 24 | | recognize a labor
organization as the exclusive bargaining | 25 | | representative for a unit of
employees, the Board shall | 26 | | determine the majority representative of the
public employees |
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| 1 | | in an appropriate collective bargaining unit by conducting
a | 2 | | secret ballot election, except as otherwise provided in | 3 | | subsection (a-5).
Within 7 days after the Board issues its
| 4 | | bargaining unit determination and direction of election or the | 5 | | execution of
a stipulation for the purpose of a consent | 6 | | election, the public employer
shall submit to the labor | 7 | | organization the complete names and addresses of
those | 8 | | employees who are determined by the Board to be eligible to
| 9 | | participate in the election. When the Board has determined that | 10 | | a labor
organization has been fairly and freely chosen by a | 11 | | majority of employees
in an appropriate unit, it shall certify | 12 | | such organization as the exclusive
representative. If the Board | 13 | | determines that a majority of employees in an
appropriate unit | 14 | | has fairly and freely chosen not to be represented by a
labor | 15 | | organization, it shall so certify. The Board may also revoke | 16 | | the
certification of the public employee organizations as | 17 | | exclusive bargaining
representatives which have been found by a | 18 | | secret ballot election to be no
longer the majority | 19 | | representative.
| 20 | | (e) The Board shall not conduct an election in any | 21 | | bargaining unit or
any subdivision thereof within which a valid | 22 | | election has been held in the
preceding 12-month period. The | 23 | | Board shall determine who is eligible to
vote in an election | 24 | | and shall establish rules governing the conduct of the
election | 25 | | or conduct affecting the results of the election. The Board | 26 | | shall
include on a ballot in a representation election a choice |
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| 1 | | of "no
representation". A labor organization currently | 2 | | representing the bargaining
unit of employees shall be placed | 3 | | on the ballot in any representation
election. In any election | 4 | | where none of the choices on the ballot receives
a majority, a | 5 | | runoff election shall be conducted between the 2 choices
| 6 | | receiving the largest number of valid votes cast in the | 7 | | election. A labor
organization which receives a majority of the | 8 | | votes cast in an election
shall be certified by the Board as | 9 | | exclusive representative of all public
employees in the unit.
| 10 | | (f) A labor
organization shall be designated as the | 11 | | exclusive representative by a
public employer, provided that | 12 | | the labor
organization represents a majority of the public | 13 | | employees in an
appropriate unit. Any employee organization | 14 | | which is designated or selected
by the majority of public | 15 | | employees, in a unit of the public employer
having no other | 16 | | recognized or certified representative, as their
| 17 | | representative for purposes of collective bargaining may | 18 | | request
recognition by the public employer in writing. The | 19 | | public employer shall
post such request for a period of at | 20 | | least 20 days following its receipt
thereof on bulletin boards | 21 | | or other places used or reserved for employee
notices.
| 22 | | (g) Within the 20-day period any other interested employee | 23 | | organization
may petition the Board in the manner specified by | 24 | | rules and regulations
of the Board, provided that such | 25 | | interested employee organization has been
designated by at | 26 | | least 10% of the employees in an appropriate bargaining
unit |
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| 1 | | which includes all or some of the employees in the unit | 2 | | recognized
by the employer. In such event, the Board shall | 3 | | proceed with the petition
in the same manner as provided by | 4 | | paragraph (1) of subsection (a) of this
Section.
| 5 | | (h) No election shall be directed by the Board in any | 6 | | bargaining unit
where there is in force a valid collective | 7 | | bargaining agreement. The Board,
however, may process an | 8 | | election petition filed between 90 and 60 days prior
to the | 9 | | expiration of the date of an agreement, and may further refine, | 10 | | by
rule or decision, the implementation of this provision.
| 11 | | Where more than 4 years have elapsed since the effective date | 12 | | of the agreement,
the agreement shall continue to bar an | 13 | | election, except that the Board may
process an election | 14 | | petition filed between 90 and 60 days prior to the end of
the | 15 | | fifth year of such an agreement, and between 90 and 60 days | 16 | | prior to the
end of each successive year of such agreement.
| 17 | | (i) An order of the Board dismissing a representation | 18 | | petition,
determining and certifying that a labor organization | 19 | | has been fairly and
freely chosen by a majority of employees in | 20 | | an appropriate bargaining unit,
determining and certifying | 21 | | that a labor organization has not been fairly
and freely chosen | 22 | | by a majority of employees in the bargaining unit or
certifying | 23 | | a labor organization as the exclusive representative of
| 24 | | employees in an appropriate bargaining unit because of a | 25 | | determination by
the Board that the labor organization is the | 26 | | historical bargaining
representative of employees in the |
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| 1 | | bargaining unit, is a final order. Any
person aggrieved by any | 2 | | such order issued on or after the effective date of
this | 3 | | amendatory Act of 1987 may apply for and obtain judicial review | 4 | | in
accordance with provisions of the Administrative Review Law, | 5 | | as now or
hereafter amended, except that such review shall be | 6 | | afforded directly in
the Appellate Court for the district in | 7 | | which the aggrieved party resides
or transacts business.
Any | 8 | | direct appeal to the Appellate Court shall be filed within 35 | 9 | | days from
the date that a copy of the decision sought to be | 10 | | reviewed was served upon the
party affected by the decision.
| 11 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09 .)
| 12 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
| 13 | | (Text of Section WITH the changes made by P.A. 98-599, | 14 | | which has been
held unconstitutional)
| 15 | | Sec. 15. Act Takes Precedence. | 16 | | (a) In case of any conflict between the
provisions of this | 17 | | Act and any other law (other than Section 5 of the State | 18 | | Employees Group Insurance Act of 1971 and other than the | 19 | | changes made to the Illinois Pension Code by Public Act 96-889 | 20 | | and other than as provided in Section 7.5), executive order or | 21 | | administrative
regulation relating to wages, hours and | 22 | | conditions of employment and employment
relations, the | 23 | | provisions of this Act or any collective bargaining agreement
| 24 | | negotiated thereunder shall prevail and control.
Nothing in | 25 | | this Act shall be construed to replace or diminish the
rights |
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| 1 | | of employees established by Sections 28 and 28a of the | 2 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | 3 | | of the Regional Transportation
Authority Act. The provisions of | 4 | | this Act are subject to Section 7.5 of this Act and Section 5 | 5 | | of the State Employees Group Insurance Act of 1971. Nothing in | 6 | | this Act shall be construed to replace the necessity of | 7 | | complaints against a sworn peace officer, as defined in Section | 8 | | 2(a) of the Uniform Peace Officer Disciplinary Act, from having | 9 | | a complaint supported by a sworn affidavit.
| 10 | | (b) Except as provided in subsection (a) above, any | 11 | | collective bargaining
contract between a public employer and a | 12 | | labor organization executed pursuant
to this Act shall | 13 | | supersede any contrary statutes, charters, ordinances, rules
| 14 | | or regulations relating to wages, hours and conditions of | 15 | | employment and
employment relations adopted by the public | 16 | | employer or its agents. Any collective
bargaining agreement | 17 | | entered into prior to the effective date of this Act
shall | 18 | | remain in full force during its duration.
| 19 | | (c) It is the public policy of this State, pursuant to | 20 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 21 | | Illinois Constitution, that the
provisions of this Act are the | 22 | | exclusive exercise by the State of powers
and functions which | 23 | | might otherwise be exercised by home rule units. Such
powers | 24 | | and functions may not be exercised concurrently, either | 25 | | directly
or indirectly, by any unit of local government, | 26 | | including any home rule
unit, except as otherwise authorized by |
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| 1 | | this Act.
| 2 | | (Source: P.A. 98-599, eff. 6-1-14 .)
| 3 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 4 | | which has been
held unconstitutional)
| 5 | | Sec. 15. Act Takes Precedence. | 6 | | (a) In case of any conflict between the
provisions of this | 7 | | Act and any other law (other than Section 5 of the State | 8 | | Employees Group Insurance Act of 1971 and other than the | 9 | | changes made to the Illinois Pension Code by this amendatory | 10 | | Act of the 96th General Assembly), executive order or | 11 | | administrative
regulation relating to wages, hours and | 12 | | conditions of employment and employment
relations, the | 13 | | provisions of this Act or any collective bargaining agreement
| 14 | | negotiated thereunder shall prevail and control.
Nothing in | 15 | | this Act shall be construed to replace or diminish the
rights | 16 | | of employees established by Sections 28 and 28a of the | 17 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | 18 | | of the Regional Transportation
Authority Act. The provisions of | 19 | | this Act are subject to Section 5 of the State Employees Group | 20 | | Insurance Act of 1971. Nothing in this Act shall be construed | 21 | | to replace the necessity of complaints against a sworn peace | 22 | | officer, as defined in Section 2(a) of the Uniform Peace | 23 | | Officer Disciplinary Act, from having a complaint supported by | 24 | | a sworn affidavit.
| 25 | | (b) Except as provided in subsection (a) above, any |
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| 1 | | collective bargaining
contract between a public employer and a | 2 | | labor organization executed pursuant
to this Act shall | 3 | | supersede any contrary statutes, charters, ordinances, rules
| 4 | | or regulations relating to wages , hours and conditions of | 5 | | employment and
employment relations adopted by the public | 6 | | employer or its agents. Any collective
bargaining agreement | 7 | | entered into prior to the effective date of this Act
shall | 8 | | remain in full force during its duration.
| 9 | | (c) It is the public policy of this State, pursuant to | 10 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 11 | | Illinois Constitution, that the
provisions of this Act are the | 12 | | exclusive exercise by the State of powers
and functions which | 13 | | might otherwise be exercised by home rule units. Such
powers | 14 | | and functions may not be exercised concurrently, either | 15 | | directly
or indirectly, by any unit of local government, | 16 | | including any home rule
unit, except as otherwise authorized by | 17 | | this Act. | 18 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .) | 19 | | (5 ILCS 315/21.5) | 20 | | Sec. 21.5. Termination of certain agreements after | 21 | | constitutional officers take office. | 22 | | (a) No collective bargaining agreement entered into, on or | 23 | | after the effective date of this amendatory Act of the 96th | 24 | | General Assembly between an executive branch constitutional | 25 | | officer or any agency or department of an executive branch |
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| 1 | | constitutional officer and a labor organization may extend | 2 | | beyond June 30th of the year in which the terms of office of | 3 | | executive branch constitutional officers begin. | 4 | | (b) No collective bargaining agreement entered into, on or | 5 | | after the effective date of this amendatory Act of the 96th | 6 | | General Assembly between an executive branch constitutional | 7 | | officer or any agency or department of an executive branch | 8 | | constitutional officer and a labor organization may provide for | 9 | | an increase in salary, wages , or benefits starting on or after | 10 | | the first day of the terms of office of executive branch | 11 | | constitutional officers and ending June 30th of that same year. | 12 | | (c) Any collective bargaining agreement in violation of | 13 | | this Section is terminated and rendered null and void by | 14 | | operation of law. | 15 | | (d) For purposes of this Section, "executive branch | 16 | | constitutional officer" has the same meaning as that term is | 17 | | defined in the State Officials and Employees Ethics Act.
| 18 | | (Source: P.A. 96-1529, eff. 2-16-11.) | 19 | | Section 10. The School Code is amended by changing Section | 20 | | 34-3.5 as follows:
| 21 | | (105 ILCS 5/34-3.5)
| 22 | | Sec. 34-3.5.
Partnership agreement on advancing student
| 23 | | achievement; No Child Left Behind Act of 2001.
| 24 | | (a) The General Assembly finds that the Chicago Teachers |
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| 1 | | Union,
the Chicago Board of Education, and the district's chief | 2 | | executive officer
have a common responsibility beyond their | 3 | | statutory collective
bargaining relationship to institute | 4 | | purposeful education reforms in the
Chicago Public Schools that | 5 | | maximize the number of students in the
Chicago Public Schools | 6 | | who reach or exceed proficiency with regard to State
academic | 7 | | standards and assessments. The General Assembly further
finds | 8 | | that education reform in the Chicago Public Schools must be
| 9 | | premised on a commitment by all stakeholders to redefine | 10 | | relationships,
develop, implement, and evaluate programs, seek | 11 | | new and additional
resources, improve the value of educational | 12 | | programs to students,
accelerate the quality of teacher | 13 | | training, improve instructional
excellence, and develop and | 14 | | implement strategies to comply with the
federal No Child Left | 15 | | Behind Act of 2001 (Public Law 107-110).
| 16 | | The Chicago Board of Education and the district's chief | 17 | | executive
officer shall enter into a partnership agreement with | 18 | | the Chicago
Teachers Union to allow the parties to work | 19 | | together to advance the
Chicago Public Schools to the next | 20 | | level of education reform. This
agreement must be entered into | 21 | | and take effect within 90 days after the
effective date of this | 22 | | amendatory Act of the 93rd General Assembly. As
part of this | 23 | | agreement, the Chicago Teachers Union, the Chicago Board
of | 24 | | Education, and the district's chief executive officer shall | 25 | | jointly file a
report with the General Assembly at the end of | 26 | | each school year with
respect to the nature of the reforms that |
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| 1 | | the parties have instituted, the
effect
of these reforms on | 2 | | student achievement, and any other matters that the
parties | 3 | | deem relevant to evaluating the effectiveness of the agreement.
| 4 | | (b) Decisions concerning matters of inherent managerial | 5 | | policy
necessary to comply with the federal No Child Left | 6 | | Behind Act of 2001
(Public Law 107-110), including such areas | 7 | | of discretion or policy as the
functions of the employer, the | 8 | | standards and delivery of educational
services and programs, | 9 | | the district's overall budget, the district's
organizational | 10 | | structure, student assignment, school choice, and the
| 11 | | selection of new employees and direction of employees, and the | 12 | | impact of
these decisions on individual employees or the | 13 | | bargaining unit shall be
permissive subjects of bargaining | 14 | | between the educational employer and
the exclusive bargaining | 15 | | representative and are within the sole discretion
of the | 16 | | educational employer to decide to bargain.
This subsection (b) | 17 | | is
exclusive of the parties' obligations and responsibilities | 18 | | under Section
4.5 of the Illinois Educational Labor Relations | 19 | | Act
(provided that any dispute or impasse that
may arise
under | 20 | | this subsection (b) shall be
resolved exclusively as set forth | 21 | | in subsection (b) of Section 12 of the
Illinois
Educational | 22 | | Labor Relations Act in lieu of a strike under Section 13 of
the | 23 | | Illinois Educational Labor Relations Act).
| 24 | | (Source: P.A. 93-3, eff. 4-16-03.)
| 25 | | Section 15. The Illinois Educational Labor Relations Act is |
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| 1 | | amended by changing Sections 1, 2, 3, 4, 7, 10, and 12 as | 2 | | follows:
| 3 | | (115 ILCS 5/1) (from Ch. 48, par. 1701)
| 4 | | Sec. 1. Policy. It is the public policy of this State and | 5 | | the purpose
of this Act to promote orderly and constructive | 6 | | relationships between all
educational employees and their | 7 | | employers. Unresolved disputes between the
educational | 8 | | employees and their employers are injurious to the public, and
| 9 | | the General Assembly is therefore aware that adequate means | 10 | | must be established
for minimizing them and providing for their | 11 | | resolution.
It is the purpose of this Act to regulate labor | 12 | | relations between
educational employers and educational | 13 | | employees, including the designation
of educational employee | 14 | | representatives, negotiation of wages , hours and
other | 15 | | conditions of employment and resolution of disputes arising | 16 | | under
collective bargaining agreements. The General Assembly | 17 | | recognizes that
substantial differences exist between | 18 | | educational employees and other
public employees as a result of | 19 | | the uniqueness of the educational work
calendar and educational | 20 | | work duties and the traditional and historical
patterns of | 21 | | collective bargaining between educational employers and
| 22 | | educational employees and that such differences demand | 23 | | statutory regulation
of collective bargaining between | 24 | | educational employers and educational
employees in a manner | 25 | | that recognizes these differences. Recognizing that
harmonious |
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| 1 | | relationships are required between educational employees and
| 2 | | their employers, the General Assembly has determined that the | 3 | | overall policy
may best be accomplished by (a) granting to | 4 | | educational employees the right
to organize and choose freely | 5 | | their representatives; (b) requiring educational
employers to | 6 | | negotiate and bargain with employee organizations representing
| 7 | | educational employees and to enter into written agreements | 8 | | evidencing the
result of such bargaining; and (c) establishing | 9 | | procedures to provide for
the protection of the rights of the | 10 | | educational employee, the educational
employer and the public.
| 11 | | (Source: P.A. 83-1014.)
| 12 | | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| 13 | | Sec. 2. Definitions. As used in this Act:
| 14 | | (a) "Educational employer"
or "employer" means the | 15 | | governing body of a public school district, including the | 16 | | governing body of a charter school established under Article | 17 | | 27A of the School Code or of a contract school or contract | 18 | | turnaround school established under paragraph 30 of Section | 19 | | 34-18 of the School Code, combination
of public school | 20 | | districts, including the governing body of joint agreements
of | 21 | | any type formed by 2 or more school districts, public community | 22 | | college
district or State college or university, a | 23 | | subcontractor of instructional services of a school district | 24 | | (other than a school district organized under Article 34 of the | 25 | | School Code), combination of school districts, charter school |
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| 1 | | established under Article 27A of the School Code, or contract | 2 | | school or contract turnaround school established under | 3 | | paragraph 30 of Section 34-18 of the School Code, an | 4 | | Independent Authority created under Section 2-3.25f-5 of the | 5 | | School Code, and any State agency whose major
function is | 6 | | providing educational services.
"Educational employer" or | 7 | | "employer" does not include (1) a Financial Oversight
Panel | 8 | | created pursuant to Section 1A-8 of the School Code due to a
| 9 | | district
violating a financial plan or (2) an approved | 10 | | nonpublic special education facility that contracts with a | 11 | | school district or combination of school districts to provide | 12 | | special education services pursuant to Section 14-7.02 of the | 13 | | School Code, but does include a School Finance Authority
| 14 | | created
under Article 1E or 1F of the School Code and a | 15 | | Financial Oversight Panel created under Article 1B or 1H of the | 16 | | School Code. The change made by this amendatory Act of the 96th | 17 | | General Assembly to this paragraph (a) to make clear that the | 18 | | governing body of a charter school is an "educational employer" | 19 | | is declaratory of existing law.
| 20 | | (b) "Educational employee" or "employee" means any | 21 | | individual, excluding
supervisors, managerial, confidential, | 22 | | short term employees, student, and
part-time academic | 23 | | employees of community colleges employed full or part
time by | 24 | | an educational employer, but shall not include elected | 25 | | officials
and appointees of the Governor with the advice and | 26 | | consent of the Senate,
firefighters as defined by subsection |
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| 1 | | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | 2 | | and peace officers employed by a State
university. For the | 3 | | purposes of this Act, part-time
academic employees of community | 4 | | colleges shall be defined as those
employees who provide less | 5 | | than 3 credit hours of instruction per
academic
semester. In | 6 | | this subsection (b), the term "student"
includes graduate | 7 | | students who are research assistants primarily
performing | 8 | | duties that involve research or graduate assistants primarily
| 9 | | performing duties that are pre-professional, but excludes | 10 | | graduate
students who are teaching assistants primarily | 11 | | performing duties that
involve the delivery and support of | 12 | | instruction and all other graduate
assistants.
| 13 | | (c) "Employee organization" or "labor organization" means | 14 | | an organization
of any kind in which membership includes | 15 | | educational employees, and which
exists for the purpose, in | 16 | | whole or in part, of dealing with employers
concerning | 17 | | grievances, employee-employer disputes, or wages , rates of | 18 | | pay,
hours of employment, or conditions of work , but shall not | 19 | | include any
organization which practices discrimination in | 20 | | membership because of race,
color, creed, age, gender, national | 21 | | origin or political affiliation.
| 22 | | (d) "Exclusive representative" means the labor | 23 | | organization which has
been designated by the Illinois | 24 | | Educational Labor Relations Board as the
representative of the | 25 | | majority of educational employees in an appropriate
unit, or | 26 | | recognized by an educational employer prior to January 1, 1984 |
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| 1 | | as
the exclusive representative of the employees in an | 2 | | appropriate unit or,
after January 1, 1984, recognized by an | 3 | | employer upon evidence that the
employee organization has been | 4 | | designated as the exclusive representative
by a majority of the | 5 | | employees in an appropriate unit.
| 6 | | (e) "Board" means the Illinois Educational Labor Relations | 7 | | Board.
| 8 | | (f) "Regional Superintendent" means the regional | 9 | | superintendent of
schools provided for in Articles 3 and 3A of | 10 | | The School Code.
| 11 | | (g) "Supervisor" means any individual having authority in | 12 | | the interests
of the employer to hire, transfer, suspend, lay | 13 | | off, recall, promote,
discharge, reward or discipline other | 14 | | employees within the appropriate
bargaining unit and adjust | 15 | | their grievances, or to effectively recommend
such action if | 16 | | the exercise of such authority is not of a merely routine or
| 17 | | clerical nature but requires the use of independent judgment. | 18 | | The term
"supervisor" includes only those individuals who | 19 | | devote a preponderance of
their employment time to such | 20 | | exercising authority.
| 21 | | (h) "Unfair labor practice" or "unfair practice" means any | 22 | | practice
prohibited by Section 14 of this Act.
| 23 | | (i) "Person" includes an individual, educational employee, | 24 | | educational
employer, legal representative, or employee | 25 | | organization.
| 26 | | (j) "Wages" means only total base wages and excludes any |
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| 1 | | other compensation, which includes but is not limited to | 2 | | overtime, premium pay, merit pay, performance pay, | 3 | | supplemental compensation, pay schedules, and automatic pay | 4 | | progressions. salaries or other forms of compensation for | 5 | | services
rendered .
| 6 | | (k) "Professional employee" means, in the case of a public | 7 | | community
college, State college or university, State agency | 8 | | whose major function is
providing educational services, the | 9 | | Illinois School for the Deaf, and the
Illinois School for the | 10 | | Visually Impaired, (1) any employee engaged in work
(i) | 11 | | predominantly intellectual and varied in character as opposed | 12 | | to
routine mental, manual, mechanical, or physical work; (ii) | 13 | | involving the
consistent exercise of discretion and judgment in | 14 | | its performance; (iii) of
such character that the output | 15 | | produced or the result accomplished cannot
be standardized in | 16 | | relation to a given period of time; and (iv) requiring
| 17 | | knowledge of an advanced type in a field of science or learning | 18 | | customarily
acquired by a prolonged course of specialized | 19 | | intellectual instruction and
study in an institution of higher | 20 | | learning or a hospital, as distinguished
from a general | 21 | | academic education or from an apprenticeship or from training
| 22 | | in the performance of routine mental, manual, or physical | 23 | | processes; or
(2) any employee, who (i) has completed the | 24 | | courses of specialized
intellectual instruction and study | 25 | | described in clause (iv) of paragraph
(1) of this subsection, | 26 | | and (ii) is performing related work under the
supervision of a |
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| 1 | | professional person to qualify himself or herself to
become a | 2 | | professional as defined in paragraph (l).
| 3 | | (l) "Professional employee" means, in the case of any | 4 | | public school
district, or combination of school districts | 5 | | pursuant to joint agreement,
any employee who has a certificate | 6 | | issued under Article 21 or Section 34-83
of the School Code, as | 7 | | now or hereafter amended.
| 8 | | (m) "Unit" or "bargaining unit" means any group of | 9 | | employees for which
an exclusive representative is selected.
| 10 | | (n) "Confidential employee" means an employee, who (i) in | 11 | | the regular
course of his or her duties, assists and acts in a | 12 | | confidential capacity to
persons who formulate, determine and | 13 | | effectuate management policies with
regard to labor relations | 14 | | or who (ii) in the regular course of his or her
duties has | 15 | | access to information relating to the effectuation or review of
| 16 | | the employer's collective bargaining policies.
| 17 | | (o) "Managerial employee" means an individual who is | 18 | | engaged
predominantly in executive and management functions | 19 | | and is charged with the
responsibility of directing the | 20 | | effectuation of such management policies and
practices.
| 21 | | (p) "Craft employee" means a skilled journeyman, craft | 22 | | person, and his
or her apprentice or helper.
| 23 | | (q) "Short-term employee" is an employee who is employed | 24 | | for less than
2 consecutive calendar quarters during a calendar | 25 | | year and who does not
have a reasonable expectation that he or | 26 | | she will be rehired by the same
employer for the same service |
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| 1 | | in a subsequent calendar year. Nothing in
this subsection shall | 2 | | affect the employee status of individuals who were
covered by a | 3 | | collective bargaining agreement on the effective date of this
| 4 | | amendatory Act of 1991.
| 5 | | (Source: P.A. 97-429, eff. 8-16-11; 98-1155, eff. 1-9-15.)
| 6 | | (115 ILCS 5/3) (from Ch. 48, par. 1703)
| 7 | | Sec. 3. Employee rights. | 8 | | (a) It shall be lawful for educational employees
to | 9 | | organize, form, join, or assist in employee organizations or | 10 | | engage in
lawful concerted activities for the purpose of | 11 | | collective bargaining or
other mutual aid and protection or | 12 | | bargain collectively through representatives
of their own free | 13 | | choice and, except as provided in Section 11, such employees
| 14 | | shall also have the right to refrain from any or all such | 15 | | activities.
| 16 | | (b) Representatives selected by educational employees in a | 17 | | unit appropriate
for collective bargaining purposes shall be | 18 | | the exclusive representative
of all the employees in such unit | 19 | | to
bargain on wages , hours, terms and conditions of employment . | 20 | | However,
any individual employee or a group of employees may at | 21 | | any time present
grievances to their employer and have them | 22 | | adjusted without the intervention
of the bargaining | 23 | | representative as long as the adjustment is not inconsistent
| 24 | | with the terms of a collective bargaining agreement then in | 25 | | effect, provided
that the bargaining representative has been |
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| 1 | | given an opportunity to be present
at such adjustment.
| 2 | | (Source: P.A. 83-1014 .)
| 3 | | (115 ILCS 5/4) (from Ch. 48, par. 1704)
| 4 | | (Text of Section WITH the changes made by P.A. 98-599, | 5 | | which has been held unconstitutional)
| 6 | | Sec. 4. Employer rights. Employers shall not be required to | 7 | | bargain over matters of inherent
managerial policy, which shall | 8 | | include such areas of discretion or policy
as the functions of | 9 | | the employer, standards of services, its overall
budget, the | 10 | | organizational structure and selection of new employees and
| 11 | | direction of employees. Employers, however, shall be required | 12 | | to bargain
collectively with regard to policy matters directly | 13 | | affecting wages, hours
and terms and conditions of employment | 14 | | as well as the impact thereon upon
request by employee | 15 | | representatives, except as provided in Section 10.5. To | 16 | | preserve the rights of employers
and exclusive representatives | 17 | | which have established collective bargaining
relationships or | 18 | | negotiated collective bargaining agreements prior to the
| 19 | | effective date of this Act, employers shall be required to | 20 | | bargain
collectively with regard to any matter concerning | 21 | | wages, hours or
conditions of employment about which they have | 22 | | bargained for and agreed to
in a collective bargaining | 23 | | agreement prior to the effective date of this Act, except as | 24 | | provided in Section 10.5.
| 25 | | (Source: P.A. 98-599, eff. 6-1-14 .) |
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| 1 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 2 | | which has been held unconstitutional)
| 3 | | Sec. 4. Employer rights. Employers shall not be required to | 4 | | bargain over matters of inherent
managerial policy, which shall | 5 | | include such areas of discretion or policy
as the functions of | 6 | | the employer, standards of services, its overall
budget, the | 7 | | organizational structure and selection of new employees and
| 8 | | direction of employees. Employers, however, shall be required | 9 | | to bargain
collectively with regard to policy matters directly | 10 | | affecting wages, hours
and terms and conditions of employment | 11 | | as well as the impact thereon upon
request by employee | 12 | | representatives. To preserve the rights of employers
and | 13 | | exclusive representatives which have established collective | 14 | | bargaining
relationships or negotiated collective bargaining | 15 | | agreements prior to the
effective date of this Act, employers | 16 | | shall be required to bargain
collectively with regard to any | 17 | | matter concerning wages , hours or
conditions of employment | 18 | | about which they have bargained for and agreed to
in a | 19 | | collective bargaining agreement prior to the effective date of | 20 | | this Act.
| 21 | | (Source: P.A. 83-1014.)
| 22 | | (115 ILCS 5/7) (from Ch. 48, par. 1707)
| 23 | | Sec. 7. Recognition of exclusive bargaining | 24 | | representatives - unit
determination. The Board is empowered |
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| 1 | | to administer the
recognition of bargaining representatives of | 2 | | employees of public school
districts, including employees of | 3 | | districts which have entered into joint
agreements, or | 4 | | employees of public community college districts, or any
State | 5 | | college or university, and any State agency whose major | 6 | | function is
providing educational services, making certain | 7 | | that each bargaining unit
contains employees with an | 8 | | identifiable community of interest and that no unit
includes | 9 | | both professional employees and nonprofessional employees | 10 | | unless a
majority of employees in each group vote for inclusion | 11 | | in the unit.
| 12 | | (a) In determining the appropriateness of a unit, the Board
| 13 | | shall decide in each case, in order to ensure employees the | 14 | | fullest freedom
in exercising the rights guaranteed by this | 15 | | Act, the unit appropriate for
the purpose of collective | 16 | | bargaining, based upon but not limited to such
factors as | 17 | | historical pattern of recognition, community of interest, | 18 | | including
employee skills and functions, degree of functional | 19 | | integration,
interchangeability and contact among employees, | 20 | | common supervision, wages,
hours and other working conditions | 21 | | of the employees involved, and the desires
of the employees. | 22 | | Nothing in this Act, except as herein provided, shall
interfere | 23 | | with or negate the
current representation rights or patterns | 24 | | and practices of employee
organizations which have | 25 | | historically represented employees for the purposes of
| 26 | | collective bargaining, including but not limited to the |
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| 1 | | negotiations of wages,
hours and working conditions, | 2 | | resolutions of employees' grievances, or
resolution of | 3 | | jurisdictional disputes, or the establishment and maintenance | 4 | | of
prevailing wage rates, unless a majority of the employees so | 5 | | represented
expresses a contrary desire under the procedures | 6 | | set forth in this Act. This
Section, however, does not prohibit | 7 | | multi-unit bargaining. Notwithstanding the
above factors, | 8 | | where the majority of public employees of a craft so decide, | 9 | | the
Board shall designate such craft as a unit appropriate for | 10 | | the purposes of
collective bargaining.
| 11 | | The sole appropriate bargaining unit for tenured and | 12 | | tenure-track
academic faculty at
each campus
of
the
University | 13 | | of Illinois shall be a unit that is comprised of
| 14 | | non-supervisory academic faculty employed more than half-time | 15 | | and
that includes all tenured and tenure-track
faculty
of that | 16 | | University campus employed by the board of trustees in all of | 17 | | the campus's undergraduate, graduate, and
professional
schools | 18 | | and degree and non-degree programs
(with the exception of the | 19 | | college of medicine, the college of pharmacy,
the college of | 20 | | dentistry, the college of law, and the college of veterinary
| 21 | | medicine, each of which shall have its own separate unit), | 22 | | regardless of
current
or
historical representation rights or | 23 | | patterns or the application of any
other factors. Any decision, | 24 | | rule, or regulation promulgated by the
Board to the contrary | 25 | | shall be null and void.
| 26 | | (b) An educational employer shall voluntarily recognize a |
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| 1 | | labor organization
for collective bargaining purposes if that | 2 | | organization appears to represent
a majority of employees in | 3 | | the unit. The employer shall post notice
of its intent to so | 4 | | recognize for a period of at least 20 school days on
bulletin | 5 | | boards or other places used or reserved for employee notices.
| 6 | | Thereafter, the employer, if satisfied as to the majority | 7 | | status of the
employee organization, shall send written | 8 | | notification of such recognition
to the Board for | 9 | | certification.
Any dispute regarding the majority status of
a | 10 | | labor organization shall be
resolved by the Board which shall | 11 | | make the determination of majority
status.
| 12 | | Within the 20 day notice period, however, any other | 13 | | interested employee
organization may petition the Board to seek | 14 | | recognition as the exclusive
representative of the unit in the | 15 | | manner specified by rules and regulations
prescribed by the | 16 | | Board, if such interested employee organization has been
| 17 | | designated by at least 15% of the employees in an appropriate | 18 | | bargaining unit
which includes all or some of the employees in | 19 | | the unit intended to be
recognized by the employer. In such | 20 | | event, the Board shall proceed with the
petition in the same | 21 | | manner as provided in paragraph (c) of this Section.
| 22 | | (c) A labor organization may also gain recognition as the | 23 | | exclusive
representative by an election of the employees in the | 24 | | unit. Petitions
requesting an election may be filed with the | 25 | | Board:
| 26 | | (1) by an employee or group of employees or any labor |
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| 1 | | organizations acting
on their behalf alleging and | 2 | | presenting evidence that 30% or more of the
employees in a | 3 | | bargaining unit wish to be represented for collective | 4 | | bargaining
or that the labor organization which has been | 5 | | acting as the exclusive
bargaining representative is no | 6 | | longer representative of a majority of the
employees in the | 7 | | unit; or
| 8 | | (2) by an employer alleging that one or more labor | 9 | | organizations have
presented a claim to be recognized as an | 10 | | exclusive bargaining representative
of a majority of the | 11 | | employees in an appropriate unit and that it doubts
the | 12 | | majority status of any of the organizations or that it | 13 | | doubts the majority
status of an exclusive bargaining | 14 | | representative.
| 15 | | The Board shall investigate the petition and if it has | 16 | | reasonable cause to
suspect that a question of representation | 17 | | exists, it shall give notice and
conduct a hearing. If it finds | 18 | | upon the record of the hearing that a question
of | 19 | | representation exists, it shall direct an election, which shall | 20 | | be held no
later than 90 days after the date the petition was | 21 | | filed. Nothing prohibits
the waiving of hearings by the parties | 22 | | and the conduct of consent elections.
| 23 | | (c-5) The Board shall designate an exclusive | 24 | | representative for purposes
of
collective bargaining when the | 25 | | representative demonstrates a showing of
majority interest by | 26 | | employees in the unit. If the parties to a dispute are
without
|
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| 1 | | agreement on the means to ascertain the choice, if any, of | 2 | | employee
organization as their representative, the Board shall | 3 | | ascertain the employees'
choice of
employee organization, on | 4 | | the basis of dues deduction authorization or other
evidence, | 5 | | or, if necessary, by conducting an election. All evidence | 6 | | submitted by an employee organization to the Board to ascertain | 7 | | an employee's choice of an employee organization is | 8 | | confidential and shall not be submitted to the employer for | 9 | | review. The Board shall ascertain the employee's choice of | 10 | | employee organization within 120 days after the filing of the | 11 | | majority interest petition; however, the Board may extend time | 12 | | by an additional 60 days, upon its own motion or upon the | 13 | | motion of a party to the proceeding. If either party provides
| 14 | | to the Board, before the designation of a representative, clear | 15 | | and convincing
evidence that the dues deduction | 16 | | authorizations, and other evidence upon which
the Board would | 17 | | otherwise rely to ascertain the employees' choice of
| 18 | | representative, are fraudulent or were obtained through | 19 | | coercion, the Board
shall promptly thereafter conduct an | 20 | | election. The Board shall also investigate
and consider a | 21 | | party's allegations that the dues deduction authorizations and
| 22 | | other evidence submitted in support of a designation of | 23 | | representative without
an election were subsequently changed, | 24 | | altered, withdrawn, or withheld as a
result of employer fraud, | 25 | | coercion, or any other unfair labor practice by the
employer. | 26 | | If the Board determines that a labor organization would have |
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| 1 | | had a
majority interest but for an employer's fraud, coercion, | 2 | | or unfair labor
practice, it shall designate the labor | 3 | | organization as an exclusive
representative without conducting | 4 | | an election. If a hearing is necessary to resolve any issues of | 5 | | representation under this Section, the Board shall conclude its | 6 | | hearing process and issue a certification of the entire | 7 | | appropriate unit not later than 120 days after the date the | 8 | | petition was filed. The 120-day period may be extended one or | 9 | | more times by the agreement of all parties to a hearing to a | 10 | | date certain.
| 11 | | (c-6) A labor organization or an employer may file a unit | 12 | | clarification petition seeking to clarify an existing | 13 | | bargaining unit. The Board shall conclude its investigation, | 14 | | including any hearing process deemed necessary, and issue a | 15 | | certification of clarified unit or dismiss the petition not | 16 | | later than 120 days after the date the petition was filed. The | 17 | | 120-day period may be extended one or more times by the | 18 | | agreement of all parties to a hearing to a date certain. | 19 | | (d) An order of the Board dismissing a representation | 20 | | petition, determining
and certifying that a labor organization | 21 | | has been fairly and freely chosen by a
majority of employees in | 22 | | an appropriate bargaining unit, determining and
certifying | 23 | | that a labor organization has not been fairly and freely chosen | 24 | | by a
majority of employees in the bargaining unit or certifying | 25 | | a labor organization
as the exclusive representative of | 26 | | employees in an appropriate bargaining unit
because of a |
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| 1 | | determination by the Board that the labor organization is the
| 2 | | historical bargaining representative of employees in the | 3 | | bargaining unit,
is a final order. Any person aggrieved by any | 4 | | such order issued on or after
the effective date of this | 5 | | amendatory Act of 1987 may apply for and obtain
judicial review | 6 | | in accordance with provisions of the Administrative Review Law,
| 7 | | as now or hereafter amended, except that such review shall be | 8 | | afforded directly
in the Appellate Court of a judicial district | 9 | | in which the Board maintains an
office. Any direct appeal to | 10 | | the Appellate Court shall be filed within 35 days
from the date | 11 | | that a copy of the decision sought to be reviewed was served | 12 | | upon
the party affected by the decision.
| 13 | | No election may be conducted in any bargaining unit during | 14 | | the term of
a collective bargaining agreement covering such | 15 | | unit or subdivision thereof,
except the Board may direct an | 16 | | election after the filing
of a petition between January 15 and | 17 | | March 1 of the final year of a collective
bargaining agreement. | 18 | | Nothing in this Section prohibits the negotiation
of a | 19 | | collective bargaining agreement covering a period not | 20 | | exceeding 3 years.
A collective bargaining agreement of less | 21 | | than 3 years may be extended up
to 3 years by the parties if the | 22 | | extension is agreed to in writing before
the filing of a | 23 | | petition under this Section. In such case, the final year
of | 24 | | the extension is the final year of the collective bargaining | 25 | | agreement.
No election may be conducted in a bargaining unit, | 26 | | or subdivision thereof,
in which a valid election has been held |
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| 1 | | within the preceding 12 month period.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| 3 | | (115 ILCS 5/10) (from Ch. 48, par. 1710)
| 4 | | Sec. 10. Duty to bargain. (a) An educational employer and
| 5 | | the exclusive representative have the authority and the duty to | 6 | | bargain
collectively as set forth in this Section. Collective | 7 | | bargaining is the
performance of the mutual obligations of the | 8 | | educational employer and the
representative of the educational | 9 | | employees to meet at reasonable times and
confer in good faith | 10 | | with respect to wages, hours and other terms and
conditions of | 11 | | employment, and to execute a written contract incorporating
any | 12 | | agreement reached by such obligation, provided such obligation | 13 | | does not
compel either party to agree to a proposal or require | 14 | | the making of a concession.
| 15 | | (b) The parties to the collective bargaining process shall | 16 | | not effect
or implement a provision in a collective bargaining | 17 | | agreement if the
implementation of that provision would be in | 18 | | violation of, or inconsistent
with, or in conflict with any | 19 | | statute or statutes enacted by the General
Assembly of | 20 | | Illinois. The parties to the collective bargaining process
may | 21 | | effect or implement a provision in a collective bargaining | 22 | | agreement if
the implementation of that provision has the | 23 | | effect of supplementing any
provision in any statute or | 24 | | statutes enacted by the General Assembly of
Illinois pertaining | 25 | | to wages , hours or other conditions of employment ;
provided |
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| 1 | | however, no provision in a collective bargaining agreement may | 2 | | be
effected or implemented if such provision has the effect of | 3 | | negating,
abrogating, replacing, reducing, diminishing, or | 4 | | limiting in any way any
employee rights, guarantees or | 5 | | privileges pertaining to wages , hours or
other conditions of | 6 | | employment provided in such statutes. Any provision in
a | 7 | | collective bargaining agreement which has the effect of | 8 | | negating,
abrogating, replacing, reducing, diminishing or | 9 | | limiting in any way any
employee rights, guarantees or | 10 | | privileges provided in an Illinois statute or
statutes shall be | 11 | | void and unenforceable, but shall not affect the
validity, | 12 | | enforceability and implementation of other permissible | 13 | | provisions
of the collective bargaining agreement.
| 14 | | (c) The collective bargaining agreement negotiated between | 15 | | representatives
of the educational employees and the | 16 | | educational employer shall contain
a grievance resolution | 17 | | procedure which shall apply to all employees in the
unit and | 18 | | shall provide for binding arbitration of disputes concerning | 19 | | the
administration or interpretation of the agreement. The | 20 | | agreement shall
also contain appropriate language prohibiting | 21 | | strikes for the duration of
the agreement. The costs of such | 22 | | arbitration shall be borne equally by the
educational employer | 23 | | and the employee organization.
| 24 | | (d) Once an agreement is reached between representatives of | 25 | | the educational
employees and the educational employer and is | 26 | | ratified by both parties, the
agreement shall be reduced to |
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| 1 | | writing and signed by the parties.
| 2 | | (Source: P.A. 84-832.)
| 3 | | (115 ILCS 5/12) (from Ch. 48, par. 1712)
| 4 | | Sec. 12. Impasse procedures.
| 5 | | (a) This subsection (a) applies only to collective | 6 | | bargaining between an educational employer that is not a public | 7 | | school district organized under Article 34 of the School Code | 8 | | and an exclusive representative of its employees. If the | 9 | | parties engaged in collective
bargaining have not reached an | 10 | | agreement by 90 days before the scheduled
start of the | 11 | | forthcoming school year, the parties shall notify the Illinois
| 12 | | Educational Labor Relations Board concerning the status of | 13 | | negotiations. This notice shall include a statement on whether | 14 | | mediation has been used.
| 15 | | Upon demand of either party, collective bargaining between | 16 | | the employer
and an exclusive bargaining representative must | 17 | | begin within 60 days of
the date of certification of the | 18 | | representative by the Board, or in the case
of an existing | 19 | | exclusive bargaining representative, within 60 days of the
| 20 | | receipt by a party of a demand to bargain issued by the other | 21 | | party. Once
commenced, collective bargaining must continue for | 22 | | at least a 60 day
period, unless a contract is entered into.
| 23 | | If Except as otherwise provided in subsection (b) of this | 24 | | Section, if after
a reasonable period of negotiation and within | 25 | | 90 days of the
scheduled start of the forth-coming school year, |
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| 1 | | the parties engaged in
collective bargaining have reached an | 2 | | impasse, either party may petition
the Board to initiate | 3 | | mediation. Alternatively, the Board on its own
motion may | 4 | | initiate mediation during this period. However, mediation | 5 | | shall
be initiated by the Board at any time when jointly | 6 | | requested by the parties
and the services of the mediators | 7 | | shall continuously be made available to
the employer and to the | 8 | | exclusive bargaining representative for purposes of
| 9 | | arbitration of grievances and mediation or arbitration of | 10 | | contract
disputes. If requested by the parties, the mediator | 11 | | may perform
fact-finding and in so doing conduct hearings and | 12 | | make written findings and
recommendations for resolution of the | 13 | | dispute. Such mediation shall be
provided by the Board and | 14 | | shall be held before qualified impartial
individuals. Nothing | 15 | | prohibits the use of other individuals or
organizations such as | 16 | | the Federal Mediation and Conciliation Service or the
American | 17 | | Arbitration Association selected by both the exclusive | 18 | | bargaining
representative and the employer.
| 19 | | If the parties engaged in collective bargaining fail to | 20 | | reach an agreement
within 45 days of the scheduled start of the | 21 | | forthcoming school year and
have not requested mediation, the | 22 | | Illinois Educational Labor Relations Board
shall invoke | 23 | | mediation.
| 24 | | Whenever mediation is initiated or invoked under this | 25 | | subsection (a), the
parties may stipulate to defer selection of | 26 | | a mediator in accordance with
rules adopted by the Board.
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| 1 | | (a-5) This subsection (a-5) applies only to collective | 2 | | bargaining between a public school district or a combination of | 3 | | public school districts, including, but not limited to, joint | 4 | | cooperatives, that is not organized under Article 34 of the | 5 | | School Code and an exclusive representative of its employees. | 6 | | (1) Any time 15 days after mediation has commenced, | 7 | | either party may initiate the public posting process. The | 8 | | mediator may initiate the public posting process at any | 9 | | time 15 days after mediation has commenced during the | 10 | | mediation process. Initiation of the public posting | 11 | | process must be filed in writing with the Board, and copies | 12 | | must be submitted to the parties on the same day the | 13 | | initiation is filed with the Board. | 14 | | (2) Within 7 days after the initiation of the public | 15 | | posting process, each party shall submit to the mediator, | 16 | | the Board, and the other party in writing the most recent | 17 | | offer of the party, including a cost summary of the offer. | 18 | | Seven days after receipt of the parties' offers, the Board | 19 | | shall make public the offers and each party's cost summary | 20 | | dealing with those issues on which the parties have failed | 21 | | to reach agreement by immediately posting the offers on its | 22 | | Internet website, unless otherwise notified by the | 23 | | mediator or jointly by the parties that agreement has been | 24 | | reached. On the same day of publication by the Board, at a | 25 | | minimum, the school district shall distribute notice of the | 26 | | availability of the offers on the Board's Internet website |
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| 1 | | to all news media that have filed an annual request for | 2 | | notices from the school district pursuant to Section 2.02 | 3 | | of the Open Meetings Act. The parties' offers shall remain | 4 | | on the Board's Internet website until the parties have | 5 | | reached and ratified an agreement. | 6 | | (a-10) This subsection (a-10) applies only to collective | 7 | | bargaining between a public school district organized under | 8 | | Article 34 of the School Code and an exclusive representative | 9 | | of its employees. | 10 | | (1) For collective bargaining agreements between an | 11 | | educational employer to which this subsection (a-10) | 12 | | applies and an exclusive representative of its employees, | 13 | | if the parties fail to reach an agreement after a | 14 | | reasonable period of mediation, the dispute shall be | 15 | | submitted to fact-finding in accordance with this | 16 | | subsection (a-10). Either the educational employer or the | 17 | | exclusive representative may initiate fact-finding by | 18 | | submitting a written demand to the other party with a copy | 19 | | of the demand submitted simultaneously to the Board. | 20 | | (2) Within 3 days following a party's demand for | 21 | | fact-finding, each party shall appoint one member of the | 22 | | fact-finding panel, unless the parties agree to proceed | 23 | | without a tri-partite panel. Following these appointments, | 24 | | if any, the parties shall select a qualified impartial | 25 | | individual to serve as the fact-finder and chairperson of | 26 | | the fact-finding panel, if applicable. An individual shall |
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| 1 | | be considered qualified to serve as the fact-finder and | 2 | | chairperson of the fact-finding panel, if applicable, if he | 3 | | or she was not the same individual who was appointed as the | 4 | | mediator and if he or she satisfies the following | 5 | | requirements: membership in good standing with the | 6 | | National Academy of Arbitrators, Federal Mediation and | 7 | | Conciliation Service, or American Arbitration Association | 8 | | for a minimum of 10 years; membership on the mediation | 9 | | roster for the Illinois Labor Relations Board or Illinois | 10 | | Educational Labor Relations Board; issuance of at least 5 | 11 | | interest arbitration awards arising under the Illinois | 12 | | Public Labor Relations Act; and participation in impasse | 13 | | resolution processes arising under private or public | 14 | | sector collective bargaining statutes in other states. If | 15 | | the parties are unable to agree on a fact-finder, the | 16 | | parties shall request a panel of fact-finders who satisfy | 17 | | the requirements set forth in this paragraph (2) from | 18 | | either the Federal Mediation and Conciliation Service or | 19 | | the American Arbitration Association and shall select a | 20 | | fact-finder from such panel in accordance with the | 21 | | procedures established by the organization providing the | 22 | | panel. | 23 | | (3) The fact-finder shall have the following duties and | 24 | | powers: | 25 | | (A) to require the parties to submit a statement of | 26 | | disputed issues and their positions regarding each |
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| 1 | | issue either jointly or separately; | 2 | | (B) to identify disputed issues that are economic | 3 | | in nature; | 4 | | (C) to meet with the parties either separately or | 5 | | in executive sessions; | 6 | | (D) to conduct hearings and regulate the time, | 7 | | place, course, and manner of the hearings; | 8 | | (E) to request the Board to issue subpoenas | 9 | | requiring the attendance and testimony of witnesses or | 10 | | the production of evidence; | 11 | | (F) to administer oaths and affirmations; | 12 | | (G) to examine witnesses and documents; | 13 | | (H) to create a full and complete written record of | 14 | | the hearings; | 15 | | (I) to attempt mediation or remand a disputed issue | 16 | | to the parties for further collective bargaining; | 17 | | (J) to require the parties to submit final offers | 18 | | for each disputed issue either individually or as a | 19 | | package or as a combination of both; and | 20 | | (K) to employ any other measures deemed | 21 | | appropriate to resolve the impasse. | 22 | | (4) If the dispute is not settled within 75 days after | 23 | | the appointment of the fact-finding panel, the | 24 | | fact-finding panel shall issue a private report to the | 25 | | parties that contains advisory findings of fact and | 26 | | recommended terms of settlement for all disputed issues and |
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| 1 | | that sets forth a rationale for each recommendation. The | 2 | | fact-finding panel, acting by a majority of its members, | 3 | | shall base its findings and recommendations upon the | 4 | | following criteria as applicable: | 5 | | (A) the lawful authority of the employer; | 6 | | (B) the federal and State statutes or local | 7 | | ordinances and resolutions applicable to the employer; | 8 | | (C) prior collective bargaining agreements and the | 9 | | bargaining history between the parties; | 10 | | (D) stipulations of the parties; | 11 | | (E) the interests and welfare of the public and the | 12 | | students and families served by the employer; | 13 | | (F) the employer's financial ability to fund the | 14 | | proposals based on existing available resources, | 15 | | provided that such ability is not predicated on an | 16 | | assumption that lines of credit or reserve funds are | 17 | | available or that the employer may or will receive or | 18 | | develop new sources of revenue or increase existing | 19 | | sources of revenue; | 20 | | (G) the impact of any economic adjustments on the | 21 | | employer's ability to pursue its educational mission; | 22 | | (H) the present and future general economic | 23 | | conditions in the locality and State; | 24 | | (I) a comparison of the wages, hours, and | 25 | | conditions of employment of the employees involved in | 26 | | the dispute with the wages, hours, and conditions of |
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| 1 | | employment of employees performing similar services in | 2 | | public education in the 10 largest U.S. cities; | 3 | | (J) the average consumer prices in urban areas for | 4 | | goods and services, which is commonly known as the cost | 5 | | of living; | 6 | | (K) the overall compensation presently received by | 7 | | the employees involved in the dispute, including | 8 | | direct wage compensation; vacations, holidays, and | 9 | | other excused time; insurance and pensions; medical | 10 | | and hospitalization benefits; the continuity and | 11 | | stability of employment and all other benefits | 12 | | received; and how each party's proposed compensation | 13 | | structure supports the educational goals of the | 14 | | district; | 15 | | (L) changes in any of the circumstances listed in | 16 | | items (A) through (K) of this paragraph (4) during the | 17 | | fact-finding proceedings; | 18 | | (M) the effect that any term the parties are at | 19 | | impasse on has or may have on the overall educational | 20 | | environment, learning conditions, and working | 21 | | conditions with the school district; and | 22 | | (N) the effect that any term the parties are at | 23 | | impasse on has or may have in promoting the public | 24 | | policy of this State. | 25 | | (5) The fact-finding panel's recommended terms of | 26 | | settlement shall be deemed agreed upon by the parties as |
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| 1 | | the final resolution of the disputed issues and | 2 | | incorporated into the collective bargaining agreement | 3 | | executed by the parties, unless either party tenders to the | 4 | | other party and the chairperson of the fact-finding panel a | 5 | | notice of rejection of the recommended terms of settlement | 6 | | with a rationale for the rejection, within 15 days after | 7 | | the date of issuance of the fact-finding panel's report. If | 8 | | either party submits a notice of rejection, the chairperson | 9 | | of the fact-finding panel shall publish the fact-finding | 10 | | panel's report and the notice of rejection for public | 11 | | information by delivering a copy to all newspapers of | 12 | | general circulation in the community with simultaneous | 13 | | written notice to the parties. | 14 | | (b) (Blank). If, after a period of bargaining of at least | 15 | | 60 days, a
dispute or impasse exists between an educational | 16 | | employer whose territorial
boundaries are coterminous with | 17 | | those of a city having a population in
excess of 500,000 and | 18 | | the exclusive bargaining representative over
a subject or | 19 | | matter set forth in Section 4.5 of this Act, the parties shall
| 20 | | submit the dispute or impasse to the dispute resolution | 21 | | procedure
agreed to between the parties. The procedure shall | 22 | | provide for mediation
of disputes by a rotating mediation panel | 23 | | and may, at the request of
either party, include the issuance | 24 | | of advisory findings of fact and
recommendations.
| 25 | | (c) The costs of fact finding and mediation shall be shared | 26 | | equally
between
the employer and the exclusive bargaining |
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| 1 | | agent, provided that, for
purposes of mediation under this Act, | 2 | | if either party requests the use of
mediation services from the | 3 | | Federal Mediation and Conciliation Service, the
other party | 4 | | shall either join in such request or bear the additional cost
| 5 | | of mediation services from another source. All other costs and | 6 | | expenses of complying with this Section must be borne by the | 7 | | party incurring them.
| 8 | | (c-5) If an educational employer or exclusive bargaining | 9 | | representative refuses to participate in mediation or fact | 10 | | finding when required by this Section, the refusal shall be | 11 | | deemed a refusal to bargain in good faith. | 12 | | (d) Nothing in this Act prevents an employer and an | 13 | | exclusive bargaining
representative from mutually submitting | 14 | | to final and binding impartial
arbitration unresolved issues | 15 | | concerning the terms of a new collective
bargaining agreement.
| 16 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | 17 | | eff. 1-1-14.)
| 18 | | (115 ILCS 5/4.5 rep.) | 19 | | Section 20. The Illinois Educational Labor Relations Act is | 20 | | amended by repealing Section 4.5. | 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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