Illinois General Assembly - Full Text of SB0916
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0916  102nd General Assembly

SB0916sam001 102ND GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 4/16/2021

 

 


 

 


 
10200SB0916sam001LRB102 04778 RJF 25286 a

1
AMENDMENT TO SENATE BILL 916

2    AMENDMENT NO. ______. Amend Senate Bill 916 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 9 and 10 as follows:
 
6    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
7    Sec. 9. Elections; recognition.
8    (a) Whenever in accordance with such regulations as may be
9prescribed by the Board a petition has been filed:
10        (1) by a public employee or group of public employees
11    or any labor organization acting in their behalf
12    demonstrating that 30% of the public employees in an
13    appropriate unit (A) wish to be represented for the
14    purposes of collective bargaining by a labor organization
15    as exclusive representative, or (B) asserting that the
16    labor organization which has been certified or is

 

 

10200SB0916sam001- 2 -LRB102 04778 RJF 25286 a

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

 

 

10200SB0916sam001- 3 -LRB102 04778 RJF 25286 a

1    prohibit the Board, in its discretion, from extending the
2    time for holding an election for so long as may be
3    necessary under the circumstances, where the purpose for
4    such extension is to permit resolution by the Board of an
5    unfair labor practice charge filed by one of the parties
6    to a representational proceeding against the other based
7    upon conduct which may either affect the existence of a
8    question concerning representation or have a tendency to
9    interfere with a fair and free election, where the party
10    filing the charge has not filed a request to proceed with
11    the election; and provided further that prior to the
12    expiration of the total time allotted for holding an
13    election, a person who has filed a petition under this
14    Section or is the subject of a petition filed under this
15    Section and is a party to such hearing or the Board, may
16    move for and obtain the entry of an order in the circuit
17    court of the county in which the majority of the public
18    employees sought to be represented by such person reside,
19    such order extending the date upon which the election
20    shall be held. Such order shall be issued by the circuit
21    court only upon a judicial finding that there has been a
22    sufficient showing that there is good cause to extend the
23    election date beyond such period and shall require the
24    Board to hold the election as soon as is feasible given the
25    totality of the circumstances. Such 120 day period may be
26    extended one or more times by the agreement of all parties

 

 

10200SB0916sam001- 4 -LRB102 04778 RJF 25286 a

1    to the hearing to a date certain without the necessity of
2    obtaining a court order. The showing of interest in
3    support of a petition filed under paragraph (1) of this
4    subsection (a) may be evidenced by electronic
5    communications, and such writing or communication may be
6    evidenced by the electronic signature of the employee as
7    provided under Section 5-120 of the Electronic Commerce
8    Security Act. The showing of interest shall be valid only
9    if signed within 12 months prior to the filing of the
10    petition. Nothing in this Section prohibits the waiving of
11    hearings by stipulation for the purpose of a consent
12    election in conformity with the rules and regulations of
13    the Board or an election in a unit agreed upon by the
14    parties. Other interested employee organizations may
15    intervene in the proceedings in the manner and within the
16    time period specified by rules and regulations of the
17    Board. Interested parties who are necessary to the
18    proceedings may also intervene in the proceedings in the
19    manner and within the time period specified by the rules
20    and regulations of the Board.
21    (a-5) The Board shall designate an exclusive
22representative for purposes of collective bargaining when the
23representative demonstrates a showing of majority interest by
24employees in the unit. If the parties to a dispute are without
25agreement on the means to ascertain the choice, if any, of
26employee organization as their representative, the Board shall

 

 

10200SB0916sam001- 5 -LRB102 04778 RJF 25286 a

1ascertain the employees' choice of employee organization, on
2the basis of dues deduction authorization or other evidence,
3or, if necessary, by conducting an election. The showing of
4interest in support of a petition filed under this subsection
5(a-5) may be evidenced by electronic communications, and such
6writing or communication may be evidenced by the electronic
7signature of the employee as provided under Section 5-120 of
8the Electronic Commerce Security Act. The showing of interest
9shall be valid only if signed within 12 months prior to the
10filing of the petition. All evidence submitted by an employee
11organization to the Board to ascertain an employee's choice of
12an employee organization is confidential and shall not be
13submitted to the employer for review. The Board shall
14ascertain the employee's choice of employee organization
15within 120 days after the filing of the majority interest
16petition; however, the Board may extend time by an additional
1760 days, upon its own motion or upon the motion of a party to
18the proceeding. If either party provides to the Board, before
19the designation of a representative, clear and convincing
20evidence that the dues deduction authorizations, and other
21evidence upon which the Board would otherwise rely to
22ascertain the employees' choice of representative, are
23fraudulent or were obtained through coercion, the Board shall
24promptly thereafter conduct an election. The Board shall also
25investigate and consider a party's allegations that the dues
26deduction authorizations and other evidence submitted in

 

 

10200SB0916sam001- 6 -LRB102 04778 RJF 25286 a

1support of a designation of representative without an election
2were subsequently changed, altered, withdrawn, or withheld as
3a result of employer fraud, coercion, or any other unfair
4labor practice by the employer. If the Board determines that a
5labor organization would have had a majority interest but for
6an employer's fraud, coercion, or unfair labor practice, it
7shall designate the labor organization as an exclusive
8representative without conducting an election. If a hearing is
9necessary to resolve any issues of representation under this
10Section, the Board shall conclude its hearing process and
11issue a certification of the entire appropriate unit not later
12than 120 days after the date the petition was filed. The
13120-day period may be extended one or more times by the
14agreement of all parties to a hearing to a date certain.
15    (a-6) A labor organization or an employer may file a unit
16clarification petition seeking to clarify an existing
17bargaining unit. The Board shall conclude its investigation,
18including any hearing process deemed necessary, and issue a
19certification of clarified unit or dismiss the petition not
20later than 120 days after the date the petition was filed. The
21120-day period may be extended one or more times by the
22agreement of all parties to a hearing to a date certain.
23    (b) The Board shall decide in each case, in order to assure
24public employees the fullest freedom in exercising the rights
25guaranteed by this Act, a unit appropriate for the purpose of
26collective bargaining, based upon but not limited to such

 

 

10200SB0916sam001- 7 -LRB102 04778 RJF 25286 a

1factors as: historical pattern of recognition; community of
2interest including employee skills and functions; degree of
3functional integration; interchangeability and contact among
4employees; fragmentation of employee groups; common
5supervision, wages, hours and other working conditions of the
6employees involved; and the desires of the employees. For
7purposes of this subsection, fragmentation shall not be the
8sole or predominant factor used by the Board in determining an
9appropriate bargaining unit. Except with respect to non-State
10fire fighters and paramedics employed by fire departments and
11fire protection districts, non-State peace officers and peace
12officers in the State Department of State Police, a single
13bargaining unit determined by the Board may not include both
14supervisors and nonsupervisors, except for bargaining units in
15existence on the effective date of this Act. With respect to
16non-State fire fighters and paramedics employed by fire
17departments and fire protection districts, non-State peace
18officers and peace officers in the State Department of State
19Police, a single bargaining unit determined by the Board may
20not include both supervisors and nonsupervisors, except for
21bargaining units in existence on the effective date of this
22amendatory Act of 1985.
23    In cases involving an historical pattern of recognition,
24and in cases where the employer has recognized the union as the
25sole and exclusive bargaining agent for a specified existing
26unit, the Board shall find the employees in the unit then

 

 

10200SB0916sam001- 8 -LRB102 04778 RJF 25286 a

1represented by the union pursuant to the recognition to be the
2appropriate unit.
3    Notwithstanding the above factors, where the majority of
4public employees of a craft so decide, the Board shall
5designate such craft as a unit appropriate for the purposes of
6collective bargaining.
7    The Board shall not decide that any unit is appropriate if
8such unit includes both professional and nonprofessional
9employees, unless a majority of each group votes for inclusion
10in such unit.
11    (c) Nothing in this Act shall interfere with or negate the
12current representation rights or patterns and practices of
13labor organizations which have historically represented public
14employees for the purpose of collective bargaining, including
15but not limited to the negotiations of wages, hours and
16working conditions, discussions of employees' grievances,
17resolution of jurisdictional disputes, or the establishment
18and maintenance of prevailing wage rates, unless a majority of
19employees so represented express a contrary desire pursuant to
20the procedures set forth in this Act.
21    (d) In instances where the employer does not voluntarily
22recognize a labor organization as the exclusive bargaining
23representative for a unit of employees, the Board shall
24determine the majority representative of the public employees
25in an appropriate collective bargaining unit by conducting a
26secret ballot election, except as otherwise provided in

 

 

10200SB0916sam001- 9 -LRB102 04778 RJF 25286 a

1subsection (a-5). Such a secret ballot election may be
2conducted electronically, using an electronic voting system,
3in addition to paper ballot voting systems. Within 7 days
4after the Board issues its bargaining unit determination and
5direction of election or the execution of a stipulation for
6the purpose of a consent election, the public employer shall
7submit to the labor organization the complete names and
8addresses of those employees who are determined by the Board
9to be eligible to participate in the election. When the Board
10has determined that a labor organization has been fairly and
11freely chosen by a majority of employees in an appropriate
12unit, it shall certify such organization as the exclusive
13representative. If the Board determines that a majority of
14employees in an appropriate unit has fairly and freely chosen
15not to be represented by a labor organization, it shall so
16certify. The Board may also revoke the certification of the
17public employee organizations as exclusive bargaining
18representatives which have been found by a secret ballot
19election to be no longer the majority representative.
20    (e) The Board shall not conduct an election in any
21bargaining unit or any subdivision thereof within which a
22valid election has been held in the preceding 12-month period.
23The Board shall determine who is eligible to vote in an
24election and shall establish rules governing the conduct of
25the election or conduct affecting the results of the election.
26The Board shall include on a ballot in a representation

 

 

10200SB0916sam001- 10 -LRB102 04778 RJF 25286 a

1election a choice of "no representation". A labor organization
2currently representing the bargaining unit of employees shall
3be placed on the ballot in any representation election. In any
4election where none of the choices on the ballot receives a
5majority, a runoff election shall be conducted between the 2
6choices receiving the largest number of valid votes cast in
7the election. A labor organization which receives a majority
8of the votes cast in an election shall be certified by the
9Board as exclusive representative of all public employees in
10the unit.
11    (f) A labor organization shall be designated as the
12exclusive representative by a public employer, provided that
13the labor organization represents a majority of the public
14employees in an appropriate unit. Any employee organization
15which is designated or selected by the majority of public
16employees, in a unit of the public employer having no other
17recognized or certified representative, as their
18representative for purposes of collective bargaining may
19request recognition by the public employer in writing. The
20public employer shall post such request for a period of at
21least 20 days following its receipt thereof on bulletin boards
22or other places used or reserved for employee notices.
23    (g) Within the 20-day period any other interested employee
24organization may petition the Board in the manner specified by
25rules and regulations of the Board, provided that such
26interested employee organization has been designated by at

 

 

10200SB0916sam001- 11 -LRB102 04778 RJF 25286 a

1least 10% of the employees in an appropriate bargaining unit
2which includes all or some of the employees in the unit
3recognized by the employer. In such event, the Board shall
4proceed with the petition in the same manner as provided by
5paragraph (1) of subsection (a) of this Section.
6    (h) No election shall be directed by the Board in any
7bargaining unit where there is in force a valid collective
8bargaining agreement. The Board, however, may process an
9election petition filed between 90 and 60 days prior to the
10expiration of the date of an agreement, and may further
11refine, by rule or decision, the implementation of this
12provision. Where more than 4 years have elapsed since the
13effective date of the agreement, the agreement shall continue
14to bar an election, except that the Board may process an
15election petition filed between 90 and 60 days prior to the end
16of the fifth year of such an agreement, and between 90 and 60
17days prior to the end of each successive year of such
18agreement.
19    (i) An order of the Board dismissing a representation
20petition, determining and certifying that a labor organization
21has been fairly and freely chosen by a majority of employees in
22an appropriate bargaining unit, determining and certifying
23that a labor organization has not been fairly and freely
24chosen by a majority of employees in the bargaining unit or
25certifying a labor organization as the exclusive
26representative of employees in an appropriate bargaining unit

 

 

10200SB0916sam001- 12 -LRB102 04778 RJF 25286 a

1because of a determination by the Board that the labor
2organization is the historical bargaining representative of
3employees in the bargaining unit, is a final order. Any person
4aggrieved by any such order issued on or after the effective
5date of this amendatory Act of 1987 may apply for and obtain
6judicial review in accordance with provisions of the
7Administrative Review Law, as now or hereafter amended, except
8that such review shall be afforded directly in the Appellate
9Court for the district in which the aggrieved party resides or
10transacts business. Any direct appeal to the Appellate Court
11shall be filed within 35 days from the date that a copy of the
12decision sought to be reviewed was served upon the party
13affected by the decision.
14(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
15    (5 ILCS 315/10)  (from Ch. 48, par. 1610)
16    Sec. 10. Unfair labor practices.
17    (a) It shall be an unfair labor practice for an employer or
18its agents:
19        (1) to interfere with, restrain or coerce public
20    employees in the exercise of the rights guaranteed in this
21    Act or to dominate or interfere with the formation,
22    existence or administration of any labor organization or
23    contribute financial or other support to it; provided, an
24    employer shall not be prohibited from permitting employees
25    to confer with him during working hours without loss of

 

 

10200SB0916sam001- 13 -LRB102 04778 RJF 25286 a

1    time or pay;
2        (2) to discriminate in regard to hire or tenure of
3    employment or any term or condition of employment in order
4    to encourage or discourage membership in or other support
5    for any labor organization. Nothing in this Act or any
6    other law precludes a public employer from making an
7    agreement with a labor organization to require as a
8    condition of employment the payment of a fair share under
9    paragraph (e) of Section 6;
10        (3) to discharge or otherwise discriminate against a
11    public employee because he has signed or filed an
12    affidavit, petition or charge or provided any information
13    or testimony under this Act;
14        (4) to refuse to bargain collectively in good faith
15    with a labor organization which is the exclusive
16    representative of public employees in an appropriate unit,
17    including, but not limited to, the discussing of
18    grievances with the exclusive representative;
19        (5) to violate any of the rules and regulations
20    established by the Board with jurisdiction over them
21    relating to the conduct of representation elections or the
22    conduct affecting the representation elections;
23        (6) to expend or cause the expenditure of public funds
24    to any external agent, individual, firm, agency,
25    partnership or association in any attempt to influence the
26    outcome of representational elections held pursuant to

 

 

10200SB0916sam001- 14 -LRB102 04778 RJF 25286 a

1    Section 9 of this Act; provided, that nothing in this
2    subsection shall be construed to limit an employer's right
3    to internally communicate with its employees as provided
4    in subsection (c) of this Section, to be represented on
5    any matter pertaining to unit determinations, unfair labor
6    practice charges or pre-election conferences in any formal
7    or informal proceeding before the Board, or to seek or
8    obtain advice from legal counsel. Nothing in this
9    paragraph shall be construed to prohibit an employer from
10    expending or causing the expenditure of public funds on,
11    or seeking or obtaining services or advice from, any
12    organization, group, or association established by and
13    including public or educational employers, whether covered
14    by this Act, the Illinois Educational Labor Relations Act
15    or the public employment labor relations law of any other
16    state or the federal government, provided that such
17    services or advice are generally available to the
18    membership of the organization, group or association, and
19    are not offered solely in an attempt to influence the
20    outcome of a particular representational election;
21        (7) to refuse to reduce a collective bargaining
22    agreement to writing or to refuse to sign such agreement;
23        (8) to interfere with, restrain, coerce, deter, or
24    discourage public employees or applicants to be public
25    employees from: (i) becoming or remaining members of a
26    labor organization; (ii) authorizing representation by a

 

 

10200SB0916sam001- 15 -LRB102 04778 RJF 25286 a

1    labor organization; or (iii) authorizing dues or fee
2    deductions to a labor organization, nor shall the employer
3    intentionally permit outside third parties to use its
4    email or other communication systems to engage in that
5    conduct. An employer's good faith implementation of a
6    policy to block the use of its email or other
7    communication systems for such purposes shall be a defense
8    to an unfair labor practice; or
9        (9) to disclose to any person or entity information
10    set forth in subsection (c-5) of Section 6 of this Act that
11    the employer knows or should know will be used to
12    interfere with, restrain, coerce, deter, or discourage any
13    public employee from: (i) becoming or remaining members of
14    a labor organization, (ii) authorizing representation by a
15    labor organization, or (iii) authorizing dues or fee
16    deductions to a labor organization; or .
17        (10) to promise, threaten, or take any action: (i) to
18    permanently replace an employee who participates in a
19    strike as provided under Section 17; (ii) to discriminate
20    against an employee who is working or has unconditionally
21    offered to return to work for the employer because the
22    employee supported or participated in such a strike; or
23    (iii) to lockout, suspend, or otherwise withhold
24    employment from employees in order to influence the
25    position of such employees or the representative of such
26    employees in collective bargaining prior to a strike.

 

 

10200SB0916sam001- 16 -LRB102 04778 RJF 25286 a

1    (b) It shall be an unfair labor practice for a labor
2organization or its agents:
3        (1) to restrain or coerce public employees in the
4    exercise of the rights guaranteed in this Act, provided,
5    (i) that this paragraph shall not impair the right of a
6    labor organization to prescribe its own rules with respect
7    to the acquisition or retention of membership therein or
8    the determination of fair share payments and (ii) that a
9    labor organization or its agents shall commit an unfair
10    labor practice under this paragraph in duty of fair
11    representation cases only by intentional misconduct in
12    representing employees under this Act;
13        (2) to restrain or coerce a public employer in the
14    selection of his representatives for the purposes of
15    collective bargaining or the settlement of grievances; or
16        (3) to cause, or attempt to cause, an employer to
17    discriminate against an employee in violation of
18    subsection (a)(2);
19        (4) to refuse to bargain collectively in good faith
20    with a public employer, if it has been designated in
21    accordance with the provisions of this Act as the
22    exclusive representative of public employees in an
23    appropriate unit;
24        (5) to violate any of the rules and regulations
25    established by the boards with jurisdiction over them
26    relating to the conduct of representation elections or the

 

 

10200SB0916sam001- 17 -LRB102 04778 RJF 25286 a

1    conduct affecting the representation elections;
2        (6) to discriminate against any employee because he
3    has signed or filed an affidavit, petition or charge or
4    provided any information or testimony under this Act;
5        (7) to picket or cause to be picketed, or threaten to
6    picket or cause to be picketed, any public employer where
7    an object thereof is forcing or requiring an employer to
8    recognize or bargain with a labor organization of the
9    representative of its employees, or forcing or requiring
10    the employees of an employer to accept or select such
11    labor organization as their collective bargaining
12    representative, unless such labor organization is
13    currently certified as the representative of such
14    employees:
15            (A) where the employer has lawfully recognized in
16        accordance with this Act any labor organization and a
17        question concerning representation may not
18        appropriately be raised under Section 9 of this Act;
19            (B) where within the preceding 12 months a valid
20        election under Section 9 of this Act has been
21        conducted; or
22            (C) where such picketing has been conducted
23        without a petition under Section 9 being filed within
24        a reasonable period of time not to exceed 30 days from
25        the commencement of such picketing; provided that when
26        such a petition has been filed the Board shall

 

 

10200SB0916sam001- 18 -LRB102 04778 RJF 25286 a

1        forthwith, without regard to the provisions of
2        subsection (a) of Section 9 or the absence of a showing
3        of a substantial interest on the part of the labor
4        organization, direct an election in such unit as the
5        Board finds to be appropriate and shall certify the
6        results thereof; provided further, that nothing in
7        this subparagraph shall be construed to prohibit any
8        picketing or other publicity for the purpose of
9        truthfully advising the public that an employer does
10        not employ members of, or have a contract with, a labor
11        organization unless an effect of such picketing is to
12        induce any individual employed by any other person in
13        the course of his employment, not to pick up, deliver,
14        or transport any goods or not to perform any services;
15        or
16        (8) to refuse to reduce a collective bargaining
17    agreement to writing or to refuse to sign such agreement.
18    (c) The expressing of any views, argument, or opinion or
19the dissemination thereof, whether in written, printed,
20graphic, or visual form, shall not constitute or be evidence
21of an unfair labor practice under any of the provisions of this
22Act, if such expression contains no threat of reprisal or
23force or promise of benefit.
24    (d) The employer shall not discourage public employees or
25applicants to be public employees from becoming or remaining
26union members or authorizing dues deductions, and shall not

 

 

10200SB0916sam001- 19 -LRB102 04778 RJF 25286 a

1otherwise interfere with the relationship between employees
2and their exclusive bargaining representative. The employer
3shall refer all inquiries about union membership to the
4exclusive bargaining representative, except that the employer
5may communicate with employees regarding payroll processes and
6procedures. The employer will establish email policies in an
7effort to prohibit the use of its email system by outside
8sources.
9(Source: P.A. 101-620, eff. 12-20-19.)
 
10    Section 10. The Illinois Educational Labor Relations Act
11is amended by changing Sections 7, 8, 13, and 14 as follows:
 
12    (115 ILCS 5/7)  (from Ch. 48, par. 1707)
13    Sec. 7. Recognition of exclusive bargaining
14representatives - unit determination. The Board is empowered
15to administer the recognition of bargaining representatives of
16employees of public school districts, including employees of
17districts which have entered into joint agreements, or
18employees of public community college districts, or any State
19college or university, and any State agency whose major
20function is providing educational services, making certain
21that each bargaining unit contains employees with an
22identifiable community of interest and that no unit includes
23both professional employees and nonprofessional employees
24unless a majority of employees in each group vote for

 

 

10200SB0916sam001- 20 -LRB102 04778 RJF 25286 a

1inclusion in the unit.
2    (a) In determining the appropriateness of a unit, the
3Board shall decide in each case, in order to ensure employees
4the fullest freedom in exercising the rights guaranteed by
5this Act, the unit appropriate for the purpose of collective
6bargaining, based upon but not limited to such factors as
7historical pattern of recognition, community of interest,
8including employee skills and functions, degree of functional
9integration, interchangeability and contact among employees,
10common supervision, wages, hours and other working conditions
11of the employees involved, and the desires of the employees.
12Nothing in this Act, except as herein provided, shall
13interfere with or negate the current representation rights or
14patterns and practices of employee organizations which have
15historically represented employees for the purposes of
16collective bargaining, including but not limited to the
17negotiations of wages, hours and working conditions,
18resolutions of employees' grievances, or resolution of
19jurisdictional disputes, or the establishment and maintenance
20of prevailing wage rates, unless a majority of the employees
21so represented expresses a contrary desire under the
22procedures set forth in this Act. This Section, however, does
23not prohibit multi-unit bargaining. Notwithstanding the above
24factors, where the majority of public employees of a craft so
25decide, the Board shall designate such craft as a unit
26appropriate for the purposes of collective bargaining.

 

 

10200SB0916sam001- 21 -LRB102 04778 RJF 25286 a

1    The sole appropriate bargaining unit for tenured and
2tenure-track academic faculty at each campus of the University
3of Illinois shall be a unit that is comprised of
4non-supervisory academic faculty employed more than half-time
5and that includes all tenured and tenure-track faculty of that
6University campus employed by the board of trustees in all of
7the campus's undergraduate, graduate, and professional schools
8and degree and non-degree programs (with the exception of the
9college of medicine, the college of pharmacy, the college of
10dentistry, the college of law, and the college of veterinary
11medicine, each of which shall have its own separate unit),
12regardless of current or historical representation rights or
13patterns or the application of any other factors. Any
14decision, rule, or regulation promulgated by the Board to the
15contrary shall be null and void.
16    (b) An educational employer shall voluntarily recognize a
17labor organization for collective bargaining purposes if that
18organization appears to represent a majority of employees in
19the unit. The employer shall post notice of its intent to so
20recognize for a period of at least 20 school days on bulletin
21boards or other places used or reserved for employee notices.
22Thereafter, the employer, if satisfied as to the majority
23status of the employee organization, shall send written
24notification of such recognition to the Board for
25certification. Any dispute regarding the majority status of a
26labor organization shall be resolved by the Board which shall

 

 

10200SB0916sam001- 22 -LRB102 04778 RJF 25286 a

1make the determination of majority status.
2    Within the 20 day notice period, however, any other
3interested employee organization may petition the Board to
4seek recognition as the exclusive representative of the unit
5in the manner specified by rules and regulations prescribed by
6the Board, if such interested employee organization has been
7designated by at least 15% of the employees in an appropriate
8bargaining unit which includes all or some of the employees in
9the unit intended to be recognized by the employer. In such
10event, the Board shall proceed with the petition in the same
11manner as provided in paragraph (c) of this Section.
12    (c) A labor organization may also gain recognition as the
13exclusive representative by an election of the employees in
14the unit. Petitions requesting an election may be filed with
15the Board:
16        (1) by an employee or group of employees or any labor
17    organizations acting on their behalf alleging and
18    presenting evidence that 30% or more of the employees in a
19    bargaining unit wish to be represented for collective
20    bargaining or that the labor organization which has been
21    acting as the exclusive bargaining representative is no
22    longer representative of a majority of the employees in
23    the unit; or
24        (2) by an employer alleging that one or more labor
25    organizations have presented a claim to be recognized as
26    an exclusive bargaining representative of a majority of

 

 

10200SB0916sam001- 23 -LRB102 04778 RJF 25286 a

1    the employees in an appropriate unit and that it doubts
2    the majority status of any of the organizations or that it
3    doubts the majority status of an exclusive bargaining
4    representative.
5    The Board shall investigate the petition and if it has
6reasonable cause to suspect that a question of representation
7exists, it shall give notice and conduct a hearing. If it finds
8upon the record of the hearing that a question of
9representation exists, it shall direct an election, which
10shall be held no later than 90 days after the date the petition
11was filed. The showing of interest in support of a petition
12filed under paragraph (1) of this subsection (c) may be
13evidenced by electronic communications, and such writing or
14communication may be evidenced by the electronic signature of
15the employee as provided under Section 5-120 of the Electronic
16Commerce Security Act. The showing of interest shall be valid
17only if signed within 12 months prior to the filing of the
18petition. Nothing prohibits the waiving of hearings by the
19parties and the conduct of consent elections.
20    (c-5) The Board shall designate an exclusive
21representative for purposes of collective bargaining when the
22representative demonstrates a showing of majority interest by
23employees in the unit. If the parties to a dispute are without
24agreement on the means to ascertain the choice, if any, of
25employee organization as their representative, the Board shall
26ascertain the employees' choice of employee organization, on

 

 

10200SB0916sam001- 24 -LRB102 04778 RJF 25286 a

1the basis of dues deduction authorization or other evidence,
2or, if necessary, by conducting an election. The showing of
3interest in support of a petition filed under this subsection
4(c-5) may be evidenced by electronic communications, and such
5writing or communication may be evidenced by the electronic
6signature of the employee as provided under Section 5-120 of
7the Electronic Commerce Security Act. The showing of interest
8shall be valid only if signed within 12 months prior to the
9filing of the petition. All evidence submitted by an employee
10organization to the Board to ascertain an employee's choice of
11an employee organization is confidential and shall not be
12submitted to the employer for review. The Board shall
13ascertain the employee's choice of employee organization
14within 120 days after the filing of the majority interest
15petition; however, the Board may extend time by an additional
1660 days, upon its own motion or upon the motion of a party to
17the proceeding. If either party provides to the Board, before
18the designation of a representative, clear and convincing
19evidence that the dues deduction authorizations, and other
20evidence upon which the Board would otherwise rely to
21ascertain the employees' choice of representative, are
22fraudulent or were obtained through coercion, the Board shall
23promptly thereafter conduct an election. The Board shall also
24investigate and consider a party's allegations that the dues
25deduction authorizations and other evidence submitted in
26support of a designation of representative without an election

 

 

10200SB0916sam001- 25 -LRB102 04778 RJF 25286 a

1were subsequently changed, altered, withdrawn, or withheld as
2a result of employer fraud, coercion, or any other unfair
3labor practice by the employer. If the Board determines that a
4labor organization would have had a majority interest but for
5an employer's fraud, coercion, or unfair labor practice, it
6shall designate the labor organization as an exclusive
7representative without conducting an election. If a hearing is
8necessary to resolve any issues of representation under this
9Section, the Board shall conclude its hearing process and
10issue a certification of the entire appropriate unit not later
11than 120 days after the date the petition was filed. The
12120-day period may be extended one or more times by the
13agreement of all parties to a hearing to a date certain.
14    (c-6) A labor organization or an employer may file a unit
15clarification petition seeking to clarify an existing
16bargaining unit. The Board shall conclude its investigation,
17including any hearing process deemed necessary, and issue a
18certification of clarified unit or dismiss the petition not
19later than 120 days after the date the petition was filed. The
20120-day period may be extended one or more times by the
21agreement of all parties to a hearing to a date certain.
22    (d) An order of the Board dismissing a representation
23petition, determining and certifying that a labor organization
24has been fairly and freely chosen by a majority of employees in
25an appropriate bargaining unit, determining and certifying
26that a labor organization has not been fairly and freely

 

 

10200SB0916sam001- 26 -LRB102 04778 RJF 25286 a

1chosen by a majority of employees in the bargaining unit or
2certifying a labor organization as the exclusive
3representative of employees in an appropriate bargaining unit
4because of a determination by the Board that the labor
5organization is the historical bargaining representative of
6employees in the bargaining unit, is a final order. Any person
7aggrieved by any such order issued on or after the effective
8date of this amendatory Act of 1987 may apply for and obtain
9judicial review in accordance with provisions of the
10Administrative Review Law, as now or hereafter amended, except
11that such review shall be afforded directly in the Appellate
12Court of a judicial district in which the Board maintains an
13office. Any direct appeal to the Appellate Court shall be
14filed within 35 days from the date that a copy of the decision
15sought to be reviewed was served upon the party affected by the
16decision.
17    No election may be conducted in any bargaining unit during
18the term of a collective bargaining agreement covering such
19unit or subdivision thereof, except the Board may direct an
20election after the filing of a petition between January 15 and
21March 1 of the final year of a collective bargaining
22agreement. Nothing in this Section prohibits the negotiation
23of a collective bargaining agreement covering a period not
24exceeding 3 years. A collective bargaining agreement of less
25than 3 years may be extended up to 3 years by the parties if
26the extension is agreed to in writing before the filing of a

 

 

10200SB0916sam001- 27 -LRB102 04778 RJF 25286 a

1petition under this Section. In such case, the final year of
2the extension is the final year of the collective bargaining
3agreement. No election may be conducted in a bargaining unit,
4or subdivision thereof, in which a valid election has been
5held within the preceding 12 month period.
6(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
7    (115 ILCS 5/8)  (from Ch. 48, par. 1708)
8    Sec. 8. Election - certification. Elections shall be by
9secret ballot, and conducted in accordance with rules and
10regulations established by the Illinois Educational Labor
11Relations Board. A secret ballot election may be conducted
12electronically by an electronic voting system in addition to
13paper ballot voting systems. An incumbent exclusive bargaining
14representative shall automatically be placed on any ballot
15with the petitioner's labor organization. An intervening labor
16organization may be placed on the ballot when supported by 15%
17or more of the employees in the bargaining unit. The Board
18shall give at least 30 days notice of the time and place of the
19election to the parties and, upon request, shall provide the
20parties with a list of names and addresses of persons eligible
21to vote in the election at least 15 days before the election.
22The ballot must include, as one of the alternatives, the
23choice of "no representative". No mail ballots are permitted
24except where a specific individual would otherwise be unable
25to cast a ballot.

 

 

10200SB0916sam001- 28 -LRB102 04778 RJF 25286 a

1    The labor organization receiving a majority of the ballots
2cast shall be certified by the Board as the exclusive
3bargaining representative. If the choice of "no
4representative" receives a majority, the employer shall not
5recognize any exclusive bargaining representative for at least
612 months. If none of the choices on the ballot receives a
7majority, a run-off shall be conducted between the 2 choices
8receiving the largest number of valid votes cast in the
9election. The Board shall certify the results of the election
10within 6 working days after the final tally of votes unless a
11charge is filed by a party alleging that improper conduct
12occurred which affected the outcome of the election. The Board
13shall promptly investigate the allegations, and if it finds
14probable cause that improper conduct occurred and could have
15affected the outcome of the election, it shall set a hearing on
16the matter on a date falling within 2 weeks of when it received
17the charge. If it determines, after hearing, that the outcome
18of the election was affected by improper conduct, it shall
19order a new election and shall order corrective action which
20it considers necessary to insure the fairness of the new
21election. If it determines upon investigation or after hearing
22that the alleged improper conduct did not take place or that it
23did not affect the results of the election, it shall
24immediately certify the election results.
25    Any labor organization that is the exclusive bargaining
26representative in an appropriate unit on the effective date of

 

 

10200SB0916sam001- 29 -LRB102 04778 RJF 25286 a

1this Act shall continue as such until a new one is selected
2under this Act.
3(Source: P.A. 92-206, eff. 1-1-02.)
 
4    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
5    Sec. 13. Strikes.
6    (a) Notwithstanding the existence of any other provision
7in this Act or other law, educational employees employed in
8school districts organized under Article 34 of the School Code
9shall not engage in a strike at any time during the 18 month
10period that commences on the effective date of this amendatory
11Act of 1995. An educational employee employed in a school
12district organized under Article 34 of the School Code who
13participates in a strike in violation of this Section is
14subject to discipline by the employer. In addition, no
15educational employer organized under Article 34 of the School
16Code may pay or cause to be paid to an educational employee who
17participates in a strike in violation of this subsection any
18wages or other compensation for any period during which an
19educational employee participates in the strike, except for
20wages or compensation earned before participation in the
21strike. Notwithstanding the existence of any other provision
22in this Act or other law, during the 18-month period that
23strikes are prohibited under this subsection nothing in this
24subsection shall be construed to require an educational
25employer to submit to a binding dispute resolution process.

 

 

10200SB0916sam001- 30 -LRB102 04778 RJF 25286 a

1    (b) Notwithstanding the existence of any other provision
2in this Act or any other law, educational employees other than
3those employed in a school district organized under Article 34
4of the School Code and, after the expiration of the 18 month
5period that commences on the effective date of this amendatory
6Act of 1995, educational employees in a school district
7organized under Article 34 of the School Code shall not engage
8in a strike except under the following conditions:
9        (1) they are represented by an exclusive bargaining
10    representative;
11        (2) mediation has been used without success and, for
12    educational employers and exclusive bargaining
13    representatives to which subsection (a-5) of Section 12 of
14    this Act applies, at least 14 days have elapsed after the
15    Board has made public the parties' offers;
16        (2.5) if fact-finding was invoked pursuant to
17    subsection (a-10) of Section 12 of this Act, at least 30
18    days have elapsed after a fact-finding report has been
19    released for public information;
20        (2.10) for educational employees employed in a school
21    district organized under Article 34 of the School Code, at
22    least three-fourths of all bargaining unit employees who
23    are members of the exclusive bargaining representative
24    have affirmatively voted to authorize the strike;
25    provided, however, that all members of the exclusive
26    bargaining representative at the time of a strike

 

 

10200SB0916sam001- 31 -LRB102 04778 RJF 25286 a

1    authorization vote shall be eligible to vote;
2        (3) at least 10 days have elapsed after a notice of
3    intent to strike has been given by the exclusive
4    bargaining representative to the educational employer, the
5    regional superintendent and the Illinois Educational Labor
6    Relations Board;
7        (4) the collective bargaining agreement between the
8    educational employer and educational employees, if any,
9    has expired or been terminated; and
10        (5) the employer and the exclusive bargaining
11    representative have not mutually submitted the unresolved
12    issues to arbitration.
13    If, however, in the opinion of an employer the strike is or
14has become a clear and present danger to the health or safety
15of the public, the employer may initiate in the circuit court
16of the county in which such danger exists an action for relief
17which may include, but is not limited to, injunction. The
18court may grant appropriate relief upon the finding that such
19clear and present danger exists. However, no such relief shall
20be granted unless the educational employer demonstrates an
21inability to procure temporary replacements despite its best
22efforts. Cost shall not be a factor in determining such
23inability. An unfair practice or other evidence of lack of
24clean hands by the educational employer is a defense to such
25action. Except as provided for in this paragraph, the
26jurisdiction of the court under this Section is limited by the

 

 

10200SB0916sam001- 32 -LRB102 04778 RJF 25286 a

1Labor Dispute Act.
2        (6) If the court orders any of the educational
3    employees in the affected unit to return to work, the
4    court shall require the educational employer and exclusive
5    representative to participate in the impasse arbitration
6    procedures set forth in this paragraph (6). The court
7    shall also require the educational employer to provide
8    educational employees ordered to return to work with an
9    hourly wage, exclusive of benefits or other pay,
10    equivalent to those the educational employer is paying any
11    temporary replacement employees in connection with the
12    work stoppage, provided that such hourly wage rate for any
13    temporary replacement employee exceeds the educational
14    employee's regular hourly wage rate. The court shall
15    determine for which employees such procedures in this
16    paragraph (6) shall apply.
17            (A) After such a court order, either the exclusive
18        representative or the educational employer may request
19        of the other, in writing, arbitration, and shall
20        submit a copy of the request to the Board. Within 14
21        days after such request, each party shall appoint one
22        member to a panel of arbitration as provided in this
23        subsection (b) unless the parties agree to proceed
24        without a tri-partite panel. Following these
25        appointments, if any, the parties shall select a
26        qualified impartial individual to serve as the neutral

 

 

10200SB0916sam001- 33 -LRB102 04778 RJF 25286 a

1        chairperson of the arbitration panel, if applicable.
2        An individual shall be considered qualified to serve
3        as the chairperson of the arbitration panel, if
4        appropriate, if he or she was not the same individual
5        who was appointed as the mediator and if the
6        individual satisfies all of the following
7        requirements:
8                (i) The individual's membership is in good
9            standing with the National Academy of Arbitrators,
10            Federal Mediation and Conciliation Service, or the
11            American Arbitration Association for a minimum of
12            10 years membership on the mediation roster for
13            the Illinois Labor Relations Board or Illinois
14            Educational Labor Relations Board.
15                (ii) The individual has received issuance of
16            at least 5 interest arbitration awards arising
17            under the Illinois Public Labor Relations Act.
18                (iii) The individual has participated in
19            impasse resolution processes arising under private
20            or public sector collective bargaining statutes in
21            other states.
22            If the parties are unable to agree on a
23        chairperson, the parties shall request a panel of
24        arbitrators who satisfy the requirements set forth in
25        this paragraph (A) from either the Federal Mediation
26        and Conciliation Service or the American Arbitration

 

 

10200SB0916sam001- 34 -LRB102 04778 RJF 25286 a

1        Association and shall select a chairperson from such
2        panel in accordance with the procedures established by
3        the organization providing the panel.
4            (B) The chairperson shall call a hearing to begin
5        within 15 days and give reasonable notice of the time
6        and place of the hearing. The hearing shall be held at
7        the offices of the Board or at such other location as
8        the Board deems appropriate. The chairperson shall
9        preside over the hearing and shall take testimony. Any
10        oral or documentary evidence and other data deemed
11        relevant by the arbitration panel may be received in
12        evidence. The proceedings shall be informal. Technical
13        rules of evidence shall not apply and the competency
14        of the evidence shall not thereby be deemed impaired.
15        A verbatim record of the proceedings shall be made and
16        the arbitrator shall arrange for the necessary
17        recording service. Transcripts may be ordered at the
18        expense of the party ordering the transcripts, but the
19        transcripts shall not be necessary for a decision by
20        the arbitration panel. The expense of the proceedings,
21        including a fee for the chairperson, shall be borne
22        equally by each of the parties to the dispute. The
23        delegates, if public officers or employees, shall
24        continue on the payroll of the public employer without
25        loss of pay. The hearing conducted by the arbitration
26        panel may be adjourned from time to time but, unless

 

 

10200SB0916sam001- 35 -LRB102 04778 RJF 25286 a

1        otherwise agreed by the parties, shall be concluded
2        within 30 days of the time of its commencement.
3        Majority actions and rulings shall constitute the
4        actions and rulings of the arbitration panel.
5        Arbitration proceedings under this Section shall not
6        be interrupted or terminated by reason of any unfair
7        labor practice charge filed by either party at any
8        time.
9            (C) The arbitration panel may administer oaths and
10        require the attendance of witnesses and the production
11        of such books, papers, contracts, agreements, and
12        documents as may be deemed material to a just
13        determination of the issues in dispute and may issue
14        subpoenas for such purpose. If any person refuses to
15        obey a subpoena, refuses to be sworn, or refuses to
16        testify or if any witness, party, or attorney is found
17        guilty of contempt while in attendance at any hearing,
18        the arbitration panel may, or the attorney general if
19        requested shall, invoke the aid of any circuit court
20        within the jurisdiction in which the hearing is being
21        held, which court shall issue an appropriate order.
22        Any failure to obey the order may be punished by the
23        court as contempt.
24            (D) At any time before the rendering of an award,
25        the chairperson of the arbitration panel, if the
26        chairperson is of the opinion that it is useful or

 

 

10200SB0916sam001- 36 -LRB102 04778 RJF 25286 a

1        beneficial to do so, may remand the dispute to the
2        parties for further collective bargaining for a period
3        not to exceed 2 weeks. If the dispute is remanded for
4        further collective bargaining, the time provisions of
5        this Act shall be extended for a time period equal to
6        that of the remand. The chairperson of the panel of
7        arbitration shall notify the Board of the remand.
8            (E) At or before the conclusion of the hearing
9        held pursuant to subparagraph (B), the arbitration
10        panel shall identify the economic issues in dispute
11        and direct each of the parties to submit, within such
12        time limit as the panel shall prescribe, to the
13        arbitration panel and to each other its last offer of
14        settlement on each economic issue. The determination
15        of the arbitration panel as to the issues in dispute
16        and as to which of these issues are economic shall be
17        conclusive. The arbitration panel, within 30 days
18        after the conclusion of the hearing, or such further
19        additional periods to which the parties may agree,
20        shall make written findings of fact and promulgate a
21        written opinion and shall mail or otherwise deliver a
22        true copy thereof to the parties and their
23        representatives and to the Board. As to each economic
24        issue, the arbitration panel shall adopt the last
25        offer of settlement that, in the opinion of the
26        arbitration panel, more nearly complies with the

 

 

10200SB0916sam001- 37 -LRB102 04778 RJF 25286 a

1        applicable factors prescribed in subparagraph (F). The
2        findings, opinions, and order as to all other issues
3        shall be based upon the applicable factors prescribed
4        in subparagraph (F).
5            (F) If there is no agreement between the parties,
6        or if there is an agreement but the parties have begun
7        negotiations or discussions looking to a new agreement
8        or amendment of the existing agreement, and wage rates
9        or other conditions of employment under the proposed
10        new or amended agreement are in dispute, the
11        arbitration panel shall base its findings, opinions,
12        and order upon any of the following factors as may be
13        applicable:
14                (i) the lawful authority of the educational
15            employer;
16                (ii) the stipulations of the parties;
17                (iii) the interests and welfare of the public
18            and the financial ability of the unit of
19            government to meet those costs;
20                (iv) comparison of the wages, hours, and
21            conditions of employment of the employees involved
22            in the arbitration proceeding with the wages,
23            hours, and conditions of employment of other
24            employees performing similar services and with
25            other employees generally in public employment in
26            comparable communities or in private employment in

 

 

10200SB0916sam001- 38 -LRB102 04778 RJF 25286 a

1            comparable communities;
2                (v) the average consumer prices for goods and
3            services, commonly known as the cost of living;
4                (vi) the overall compensation presently
5            received by the employees, including direct wage
6            compensation, vacations, holidays and other
7            excused time, insurance and pensions, medical and
8            hospitalization benefits, the continuity and
9            stability of employment, and all other benefits
10            received;
11                (vii) any changes in circumstances in
12            subdivision (i) through (vi) during the pendency
13            of the arbitration proceedings; and
14                (viii) other factors, not confined to the
15            foregoing, that are normally or traditionally
16            taken into consideration in the determination of
17            wages, hours, and conditions of employment through
18            voluntary collective bargaining, mediation,
19            fact-finding, or arbitration or otherwise between
20            the parties in public service or in private
21            employment.
22            (G) Arbitration procedures shall be deemed to be
23        initiated by the filing of a letter requesting
24        mediation as required under subparagraph (A). The
25        commencement of a new fiscal year after the initiation
26        of arbitration procedures under this Section but

 

 

10200SB0916sam001- 39 -LRB102 04778 RJF 25286 a

1        before the arbitration decision or its enforcement
2        shall not be deemed to render a dispute moot or to
3        otherwise impair the jurisdiction or authority of the
4        arbitration panel or its decision. Increases in the
5        rates of compensation awarded by the arbitration panel
6        may be effective only at the beginning of the fiscal
7        year commencing after the date of the arbitration
8        award. If a new fiscal year has commenced either since
9        the initiation of arbitration procedures under this
10        Act or since any mutually agreed extension of the
11        statutorily required period of mediation under this
12        Section by the parties to the labor dispute causing a
13        delay in the initiation of arbitration, the foregoing
14        limitations shall be inapplicable, and such awarded
15        increases may be retroactive to the commencement of
16        the fiscal year, notwithstanding any other law or
17        charter provision to the contrary. The parties may, by
18        stipulation, amend or modify an award of arbitration
19        at any time.
20            (H) Orders of the arbitration panel shall be
21        reviewable, upon appropriate petition by either the
22        educational employer or the exclusive bargaining
23        representative, by the circuit court for the county in
24        which the dispute arose or in which a majority of the
25        affected employees reside, but only if (i) the
26        arbitration panel was without or exceeded its

 

 

10200SB0916sam001- 40 -LRB102 04778 RJF 25286 a

1        statutory authority, (ii) the order is arbitrary or
2        capricious, or (iii) the order was procured by fraud,
3        collusion, or other similar and unlawful means. The
4        petition for review must be filed with the appropriate
5        circuit court within 90 days following the issuance of
6        the arbitration order. The pendency of such proceeding
7        for review shall not automatically stay the order of
8        the arbitration panel. The party against whom the
9        final decision of any such court shall be adverse, if
10        such court finds such appeal or petition to be
11        frivolous, shall pay reasonable attorney's fees and
12        costs to the successful party as determined by the
13        court in its discretion. If the court's decision
14        affirms the award of money, the award, if retroactive,
15        shall bear interest at the rate of 12% per annum from
16        the effective retroactive date.
17            (I) During the pendency of proceedings before the
18        arbitration panel, existing wages, hours, and other
19        conditions of employment shall not be changed by the
20        action of either party without the consent of the
21        other party, but a party may so consent without
22        prejudice to the party's rights or position under this
23        Act. The proceedings are deemed to be pending before
24        the arbitration panel upon the initiation of
25        arbitration procedures under this Act.
26            (J) Educational employees who are covered under

 

 

10200SB0916sam001- 41 -LRB102 04778 RJF 25286 a

1        this subsection (b) may not withhold services.
2        Educational employers who are covered under this
3        subsection (b) may not lock out or prevent educational
4        employees from performing services at any time.
5            (K) All of the terms decided upon by the
6        arbitration panel shall be included in an agreement to
7        be submitted to the educational employer's governing
8        body for ratification and adoption by law, ordinance,
9        or the equivalent appropriate means. The governing
10        body shall review each term decided by the arbitration
11        panel. If the governing body fails to reject one or
12        more terms of the arbitration panel's decision by a
13        three-fifth vote of those duly elected and qualified
14        members of the governing body within 20 days of
15        issuance, the term or terms shall become a part of the
16        collective bargaining agreement of the parties. If the
17        governing body affirmatively rejects one or more terms
18        of the arbitration panel's decision, the governing
19        body must provide reasons for the rejection with
20        respect to each term rejected by the governing body
21        within 20 days after the rejection. The parties shall
22        return to the arbitration panel for further
23        proceedings and issuance of a supplemental decision
24        with respect to the rejected terms. Any supplemental
25        decision made by an arbitration panel or other
26        decision maker that is agreed to by the parties shall

 

 

10200SB0916sam001- 42 -LRB102 04778 RJF 25286 a

1        be submitted to the governing body for ratification
2        and adoption in accordance with the procedures and
3        voting requirements set forth in this Section. The
4        voting requirements of this subparagraph (K) shall
5        apply to all disputes submitted to arbitration
6        pursuant to this paragraph (6), notwithstanding any
7        contrary voting requirements contained in any existing
8        collective bargaining agreement between the parties.
9            (L) If the governing body of the educational
10        employer votes to reject the panel's decision, the
11        parties shall return to the panel, within 30 days from
12        the issuance of the reasons for rejection, for further
13        proceedings and issuance of a supplemental decision.
14        All reasonable costs of such supplemental proceeding,
15        including the exclusive representative's reasonable
16        attorney's fees as established by the Board, shall be
17        paid by the employer.
18    (c) Notwithstanding any other provision in this Section to
19the contrary, the employer and exclusive representative may
20agree to submit unresolved disputes concerning wages, hours,
21terms, and conditions of employment to an alternative form of
22impasse resolution.
23(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
24eff. 1-1-14.)
 
25    (115 ILCS 5/14)  (from Ch. 48, par. 1714)

 

 

10200SB0916sam001- 43 -LRB102 04778 RJF 25286 a

1    Sec. 14. Unfair labor practices.
2    (a) Educational employers, their agents or representatives
3are prohibited from:
4        (1) Interfering, restraining or coercing employees in
5    the exercise of the rights guaranteed under this Act.
6        (2) Dominating or interfering with the formation,
7    existence or administration of any employee organization.
8        (3) Discriminating in regard to hire or tenure of
9    employment or any term or condition of employment to
10    encourage or discourage membership in any employee
11    organization.
12        (4) Discharging or otherwise discriminating against an
13    employee because he or she has signed or filed an
14    affidavit, authorization card, petition or complaint or
15    given any information or testimony under this Act.
16        (5) Refusing to bargain collectively in good faith
17    with an employee representative which is the exclusive
18    representative of employees in an appropriate unit,
19    including, but not limited to, the discussing of
20    grievances with the exclusive representative; provided,
21    however, that if an alleged unfair labor practice involves
22    interpretation or application of the terms of a collective
23    bargaining agreement and said agreement contains a
24    grievance and arbitration procedure, the Board may defer
25    the resolution of such dispute to the grievance and
26    arbitration procedure contained in said agreement.

 

 

10200SB0916sam001- 44 -LRB102 04778 RJF 25286 a

1        (6) Refusing to reduce a collective bargaining
2    agreement to writing and signing such agreement.
3        (7) Violating any of the rules and regulations
4    promulgated by the Board regulating the conduct of
5    representation elections.
6        (8) Refusing to comply with the provisions of a
7    binding arbitration award.
8        (9) Expending or causing the expenditure of public
9    funds to any external agent, individual, firm, agency,
10    partnership or association in any attempt to influence the
11    outcome of representational elections held pursuant to
12    paragraph (c) of Section 7 of this Act; provided, that
13    nothing in this subsection shall be construed to limit an
14    employer's right to be represented on any matter
15    pertaining to unit determinations, unfair labor practice
16    charges or pre-election conferences in any formal or
17    informal proceeding before the Board, or to seek or obtain
18    advice from legal counsel. Nothing in this paragraph shall
19    be construed to prohibit an employer from expending or
20    causing the expenditure of public funds on, or seeking or
21    obtaining services or advice from, any organization, group
22    or association established by, and including educational
23    or public employers, whether or not covered by this Act,
24    the Illinois Public Labor Relations Act or the public
25    employment labor relations law of any other state or the
26    federal government, provided that such services or advice

 

 

10200SB0916sam001- 45 -LRB102 04778 RJF 25286 a

1    are generally available to the membership of the
2    organization, group, or association, and are not offered
3    solely in an attempt to influence the outcome of a
4    particular representational election.
5        (10) Interfering with, restraining, coercing,
6    deterring or discouraging educational employees or
7    applicants to be educational employees from: (1) becoming
8    members of an employee organization; (2) authorizing
9    representation by an employee organization; or (3)
10    authorizing dues or fee deductions to an employee
11    organization, nor shall the employer intentionally permit
12    outside third parties to use its email or other
13    communications systems to engage in that conduct. An
14    employer's good faith implementation of a policy to block
15    the use of its email or other communication systems for
16    such purposes shall be a defense to an unfair labor
17    practice.
18        (11) Disclosing to any person or entity information
19    set forth in subsection (d) of Section 3 of this Act that
20    the employer knows or should know will be used to
21    interfere with, restrain, coerce, deter, or discourage any
22    public employee from: (i) becoming or remaining members of
23    a labor organization, (ii) authorizing representation by a
24    labor organization, or (iii) authorizing dues or fee
25    deductions to a labor organization.
26        (12) Promising, threatening, or taking any action (i)

 

 

10200SB0916sam001- 46 -LRB102 04778 RJF 25286 a

1    to permanently replace an employee who participates in a
2    strike under Section 13 of this Act, (ii) to discriminate
3    against an employee who is working or has unconditionally
4    offered to return to work for the employer because the
5    employee supported or participated in such as a strike, or
6    (iii) to lockout, suspend, or otherwise withhold from
7    employment employees in order to influence the position of
8    such employees or the representative of such employees in
9    collective bargaining prior to a strike.
10    (b) Employee organizations, their agents or
11representatives or educational employees are prohibited from:
12        (1) Restraining or coercing employees in the exercise
13    of the rights guaranteed under this Act, provided that a
14    labor organization or its agents shall commit an unfair
15    labor practice under this paragraph in duty of fair
16    representation cases only by intentional misconduct in
17    representing employees under this Act.
18        (2) Restraining or coercing an educational employer in
19    the selection of his representative for the purposes of
20    collective bargaining or the adjustment of grievances.
21        (3) Refusing to bargain collectively in good faith
22    with an educational employer, if they have been designated
23    in accordance with the provisions of this Act as the
24    exclusive representative of employees in an appropriate
25    unit.
26        (4) Violating any of the rules and regulations

 

 

10200SB0916sam001- 47 -LRB102 04778 RJF 25286 a

1    promulgated by the Board regulating the conduct of
2    representation elections.
3        (5) Refusing to reduce a collective bargaining
4    agreement to writing and signing such agreement.
5        (6) Refusing to comply with the provisions of a
6    binding arbitration award.
7    (c) The expressing of any views, argument, opinion or the
8dissemination thereof, whether in written, printed, graphic or
9visual form, shall not constitute or be evidence of an unfair
10labor practice under any of the provisions of this Act, if such
11expression contains no threat of reprisal or force or promise
12of benefit.
13    (c-5) The employer shall not discourage public employees
14or applicants to be public employees from becoming or
15remaining union members or authorizing dues deductions, and
16shall not otherwise interfere with the relationship between
17employees and their exclusive bargaining representative. The
18employer shall refer all inquiries about union membership to
19the exclusive bargaining representative, except that the
20employer may communicate with employees regarding payroll
21processes and procedures. The employer will establish email
22policies in an effort to prohibit the use of its email system
23by outside sources.
24    (d) The actions of a Financial Oversight Panel created
25pursuant to Section 1A-8 of the School Code due to a district
26violating a financial plan shall not constitute or be evidence

 

 

10200SB0916sam001- 48 -LRB102 04778 RJF 25286 a

1of an unfair labor practice under any of the provisions of this
2Act. Such actions include, but are not limited to, reviewing,
3approving, or rejecting a school district budget or a
4collective bargaining agreement.
5(Source: P.A. 101-620, eff. 12-20-19; revised 8-21-20.)".