Full Text of SB2680 100th General Assembly
SB2680sam001 100TH GENERAL ASSEMBLY | Sen. William E. Brady Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 2680
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2680 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 4 and 7 as follows: | 6 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| 7 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 8 | | which has been held unconstitutional) | 9 | | Sec. 4. Management Rights. Employers shall not be required | 10 | | to bargain
over matters of inherent managerial policy, which | 11 | | shall include such areas
of discretion or policy as the | 12 | | functions of the employer, standards of
services,
its overall | 13 | | budget, the organizational structure and selection of new
| 14 | | employees, examination techniques
and direction of employees. | 15 | | Employers, however, shall be required to bargain
collectively | 16 | | with regard to
policy matters directly affecting wages, hours |
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| 1 | | and terms and conditions of employment
as well as the impact | 2 | | thereon upon request by employee representatives.
| 3 | | With respect to the State of Illinois as a public employer, | 4 | | the design, implementation, and administration of a health | 5 | | insurance plan in which the combination of employee premiums | 6 | | and out-of-pocket costs for the plan do not exceed 40% of total | 7 | | active employee healthcare costs, in the aggregate, as | 8 | | determined by actuaries contracted by the State, shall be | 9 | | considered an inherent management right for the purposes of | 10 | | this Section, and shall not be the subject of negotiations | 11 | | between the State of Illinois as a public employer and any | 12 | | exclusive representative of public employees. The State of | 13 | | Illinois may elect to negotiate over other health insurance | 14 | | plans, but permissive negotiations over such matters shall not | 15 | | impair or impact the State's ability to design, implement, or | 16 | | administer the health insurance plan identified in this | 17 | | paragraph. | 18 | | To preserve the rights of employers and exclusive | 19 | | representatives which
have established collective bargaining | 20 | | relationships or negotiated collective
bargaining agreements | 21 | | prior to the effective date of this Act, employers
shall be | 22 | | required to bargain collectively with regard to any matter | 23 | | concerning
wages, hours or conditions of employment about which | 24 | | they have bargained
for and agreed to in a collective | 25 | | bargaining agreement
prior to the effective date of this Act.
| 26 | | The chief judge of the judicial circuit that employs a |
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| 1 | | public employee who
is
a court reporter, as defined in the | 2 | | Court Reporters Act, has the authority to
hire, appoint, | 3 | | promote, evaluate, discipline, and discharge court reporters
| 4 | | within that judicial circuit.
| 5 | | Nothing in this amendatory Act of the 94th General Assembly | 6 | | shall
be construed to intrude upon the judicial functions of | 7 | | any court. This
amendatory Act of the 94th General Assembly | 8 | | applies only to nonjudicial
administrative matters relating to | 9 | | the collective bargaining rights of court
reporters.
| 10 | | (Source: P.A. 94-98, eff. 7-1-05.)
| 11 | | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| 12 | | Sec. 7. Duty to bargain. A public employer and the | 13 | | exclusive representative
have the authority and the duty to | 14 | | bargain collectively set forth in this
Section.
| 15 | | For the purposes of this Act, "to bargain collectively" | 16 | | means the performance
of the mutual obligation of the public | 17 | | employer or his designated
representative and the | 18 | | representative of the public employees to meet at
reasonable | 19 | | times, including meetings in advance of the budget-making | 20 | | process,
and to negotiate in good faith with respect to wages, | 21 | | hours, and other
conditions
of employment, not excluded by | 22 | | Section 4 of this Act, or the negotiation
of an agreement, or | 23 | | any question arising
thereunder and the execution of a written | 24 | | contract incorporating any agreement
reached if requested by | 25 | | either party, but such obligation does not compel
either party |
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| 1 | | to agree to a proposal or require the making of a concession.
| 2 | | The duty "to bargain collectively" shall also include an | 3 | | obligation to
negotiate over any matter with respect to wages, | 4 | | hours and other conditions
of employment, not specifically | 5 | | provided for in any other law or not specifically
in violation | 6 | | of the provisions
of any law. If any other law pertains, in | 7 | | part, to a matter affecting
the wages, hours and other | 8 | | conditions of employment, such other law shall
not be construed | 9 | | as limiting the duty "to bargain collectively" and to enter
| 10 | | into collective bargaining agreements containing clauses which | 11 | | either supplement,
implement, or relate to the effect of such | 12 | | provisions in other laws.
| 13 | | The duty "to bargain collectively" shall also include | 14 | | negotiations
as to the terms of a collective bargaining | 15 | | agreement.
The parties may, by mutual agreement, provide for | 16 | | arbitration of impasses
resulting from their inability to agree | 17 | | upon wages, hours and terms and
conditions of employment to be | 18 | | included in a collective bargaining agreement.
Such | 19 | | arbitration provisions shall be subject to the Illinois | 20 | | "Uniform Arbitration
Act" unless agreed by the parties.
| 21 | | The duty "to bargain collectively" shall also mean that no | 22 | | party to a collective
bargaining contract shall terminate or | 23 | | modify such contract, unless the
party desiring such | 24 | | termination or modification:
| 25 | | (1) serves a written notice upon the other party to the | 26 | | contract of the
proposed termination or modification 60 |
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| 1 | | days prior to the expiration date
thereof, or in the event | 2 | | such contract contains no expiration date, 60 days
prior to | 3 | | the time it is proposed to make such termination or | 4 | | modification;
| 5 | | (2) offers to meet and confer with the other party for | 6 | | the purpose of
negotiating a new contract or a contract | 7 | | containing the proposed modifications;
| 8 | | (3) notifies the Board within 30 days after such notice | 9 | | of the existence
of a dispute, provided no agreement has | 10 | | been reached by that time; and
| 11 | | (4) continues in full force and effect, without | 12 | | resorting to strike or
lockout, all the terms and | 13 | | conditions of the existing contract for a period
of 60 days | 14 | | after such notice is given to the other party or until the | 15 | | expiration
date of such contract, whichever occurs later.
| 16 | | The duties imposed upon employers, employees and labor | 17 | | organizations by
paragraphs (2), (3) and (4) shall become | 18 | | inapplicable upon an intervening
certification of the Board, | 19 | | under which the labor organization, which is
a party to the | 20 | | contract, has been superseded as or ceased to be the exclusive
| 21 | | representative
of the employees pursuant to the provisions of | 22 | | subsection (a) of Section
9, and the duties so imposed shall | 23 | | not be construed as requiring either
party to discuss or agree | 24 | | to any modification of the terms and conditions
contained in a | 25 | | contract for a fixed period, if such modification is to become
| 26 | | effective before such terms and conditions can be reopened |
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| 1 | | under the provisions
of the contract.
| 2 | | Collective bargaining for home care and home health workers | 3 | | who function as personal assistants and individual maintenance | 4 | | home health workers
under
the Home Services Program shall be | 5 | | limited to the terms and conditions of
employment
under the | 6 | | State's control, as defined in Public Act 93-204 or this | 7 | | amendatory Act of the 97th General Assembly, as applicable.
| 8 | | Collective bargaining for child and day care home providers | 9 | | under the child care assistance program shall be limited to the | 10 | | terms and conditions of employment under the State's control, | 11 | | as defined in this amendatory Act of the 94th General Assembly.
| 12 | | With respect to negotiations between the State of Illinois | 13 | | as a public employer and an exclusive representative, the duty | 14 | | "to bargain collectively" shall not include any obligation to | 15 | | negotiate health insurance or health benefits, provided that | 16 | | the State of Illinois provides its employees with a health | 17 | | insurance plan in which the combination of employee premiums | 18 | | and out-of-pocket costs for the plan do not exceed 40% of total | 19 | | active employee healthcare costs, in the aggregate, as | 20 | | determined by actuaries contracted by the State. The design of | 21 | | the plan shall be at the discretion of the State of Illinois. | 22 | | Bargaining for other plan designs is permissive, and | 23 | | negotiations over other plan designs, or the provisions of | 24 | | Section 14 of this Act, shall not impair the State's ability to | 25 | | design, implement, or administer the health insurance plan | 26 | | identified in this paragraph. |
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| 1 | | Notwithstanding any other provision of this Section, | 2 | | whenever collective bargaining is for the purpose of | 3 | | establishing an initial agreement following original | 4 | | certification of units with fewer than 35 employees, with | 5 | | respect to public employees other than peace officers, fire | 6 | | fighters, and security employees, the following apply: | 7 | | (1) Not later than 10 days after receiving a written | 8 | | request for collective bargaining from a labor | 9 | | organization that has been newly certified as a | 10 | | representative as defined in Section 6(c), or within such | 11 | | further period as the parties agree upon, the parties shall | 12 | | meet and commence to bargain collectively and shall make | 13 | | every reasonable effort to conclude and sign a collective | 14 | | bargaining agreement. | 15 | | (2) If anytime after the expiration of the 90-day | 16 | | period beginning on the date on which bargaining is | 17 | | commenced the parties have failed to reach an agreement, | 18 | | either party may notify the Illinois Public Labor Relations | 19 | | Board of the existence of a dispute and request mediation | 20 | | in accordance with the provisions of Section 14 of this | 21 | | Act. | 22 | | (3) If after the expiration of the 30-day period | 23 | | beginning on the date on which mediation commenced, or such | 24 | | additional period as the parties may agree upon, the | 25 | | mediator is not able to bring the parties to agreement by | 26 | | conciliation, either the exclusive representative of the |
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| 1 | | employees or the employer may request of the other, in | 2 | | writing, arbitration and shall submit a copy of the request | 3 | | to the board. Upon submission of the request for | 4 | | arbitration, the parties shall be required to participate | 5 | | in the impasse arbitration procedures set forth in Section | 6 | | 14 of this Act, except the right to strike shall not be | 7 | | considered waived pursuant to Section 17 of this Act, until | 8 | | the actual convening of the arbitration hearing. | 9 | | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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