Full Text of HB0297 103rd General Assembly
HB0297eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Educational Labor Relations Act is | 5 | | amended by changing Section 12 as follows:
| 6 | | (115 ILCS 5/12) (from Ch. 48, par. 1712)
| 7 | | Sec. 12. Impasse procedures.
| 8 | | (a) This subsection (a) applies only to collective | 9 | | bargaining between an educational employer that is not a | 10 | | public school district organized under Article 34 of the | 11 | | School Code and an exclusive representative of its employees. | 12 | | If the parties engaged in collective
bargaining have not | 13 | | reached an agreement by 90 days before the scheduled
start of | 14 | | the forthcoming school year, the parties shall notify the | 15 | | Illinois
Educational Labor Relations Board concerning the | 16 | | status of negotiations. This notice shall include a statement | 17 | | on whether mediation has been used.
| 18 | | Upon demand of either party, collective bargaining between | 19 | | the employer
and an exclusive bargaining representative must | 20 | | begin within 60 days of
the date of certification of the | 21 | | representative by the Board, or in the case
of an existing | 22 | | exclusive bargaining representative, within 60 days of the
| 23 | | receipt by a party of a demand to bargain issued by the other |
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| 1 | | party. Once
commenced, collective bargaining must continue for | 2 | | at least a 60 day
period, unless a contract is entered into.
| 3 | | Except as otherwise provided in subsection (b) of this | 4 | | Section, if after
a reasonable period of negotiation and | 5 | | within 90 days of the
scheduled start of the forth-coming | 6 | | school year, the parties engaged in
collective bargaining have | 7 | | reached an impasse, either party may petition
the Board to | 8 | | initiate mediation. Alternatively, the Board on its own
motion | 9 | | may initiate mediation during this period. However, mediation | 10 | | shall
be initiated by the Board at any time when jointly | 11 | | requested by the parties
and the services of the mediators | 12 | | shall continuously be made available to
the employer and to | 13 | | the exclusive bargaining representative for purposes of
| 14 | | arbitration of grievances and mediation or arbitration of | 15 | | contract
disputes. If requested by the parties, the mediator | 16 | | may perform
fact-finding and in so doing conduct hearings and | 17 | | make written findings and
recommendations for resolution of | 18 | | the dispute. Such mediation shall be
provided by the Board and | 19 | | shall be held before qualified impartial
individuals. Nothing | 20 | | prohibits the use of other individuals or
organizations such | 21 | | as the Federal Mediation and Conciliation Service or the
| 22 | | American Arbitration Association selected by both the | 23 | | exclusive bargaining
representative and the employer.
| 24 | | If the parties engaged in collective bargaining fail to | 25 | | reach an agreement
within 45 days of the scheduled start of the | 26 | | forthcoming school year and
have not requested mediation, the |
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| 1 | | Illinois Educational Labor Relations Board
shall invoke | 2 | | mediation.
| 3 | | Whenever mediation is initiated or invoked under this | 4 | | subsection (a), the
parties may stipulate to defer selection | 5 | | of a mediator in accordance with
rules adopted by the Board.
| 6 | | (a-5) This subsection (a-5) applies only to collective | 7 | | bargaining between a public school district or a combination | 8 | | of public school districts, including, but not limited to, | 9 | | joint cooperatives, that is not organized under Article 34 of | 10 | | the School Code and an exclusive representative of its | 11 | | employees. | 12 | | (1) Any time 15 days after mediation has commenced, | 13 | | either party may initiate the public posting process. The | 14 | | mediator may initiate the public posting process at any | 15 | | time 15 days after mediation has commenced during the | 16 | | mediation process. Initiation of the public posting | 17 | | process must be filed in writing with the Board, and | 18 | | copies must be submitted to the parties on the same day the | 19 | | initiation is filed with the Board. | 20 | | (2) Within 7 days after the initiation of the public | 21 | | posting process, each party shall submit to the mediator, | 22 | | the Board, and the other party in writing the most recent | 23 | | offer of the party, including a cost summary of the offer. | 24 | | Seven days after receipt of the parties' offers, the Board | 25 | | shall make public the offers and each party's cost summary | 26 | | dealing with those issues on which the parties have failed |
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| 1 | | to reach agreement by immediately posting the offers on | 2 | | its Internet website, unless otherwise notified by the | 3 | | mediator or jointly by the parties that agreement has been | 4 | | reached. On the same day of publication by the Board, at a | 5 | | minimum, the school district shall distribute notice of | 6 | | the availability of the offers on the Board's Internet | 7 | | website to all news media that have filed an annual | 8 | | request for notices from the school district pursuant to | 9 | | Section 2.02 of the Open Meetings Act. The parties' offers | 10 | | shall remain on the Board's Internet website until the | 11 | | parties have reached and ratified an agreement. | 12 | | (a-10) This subsection (a-10) applies only to collective | 13 | | bargaining between a public school district organized under | 14 | | Article 34 of the School Code and an exclusive representative | 15 | | of its employees , other than educational employees who are | 16 | | forbidden from striking under this Act. For educational | 17 | | employees who are forbidden from striking, either the employer | 18 | | or exclusive representative may elect to utilize the | 19 | | fact-finding procedures set forth in this subsection (a-10), | 20 | | except as otherwise specified in paragraph (5) of this | 21 | | subsection (a-10) . | 22 | | (1) For collective bargaining agreements between an | 23 | | educational employer to which this subsection (a-10) | 24 | | applies and an exclusive representative of its employees, | 25 | | if the parties fail to reach an agreement after a | 26 | | reasonable period of mediation, the dispute shall be |
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| 1 | | submitted to fact-finding in accordance with this | 2 | | subsection (a-10). Either the educational employer or the | 3 | | exclusive representative may initiate fact-finding by | 4 | | submitting a written demand to the other party with a copy | 5 | | of the demand submitted simultaneously to the Board. | 6 | | (2) Within 3 days following a party's demand for | 7 | | fact-finding, each party shall appoint one member of the | 8 | | fact-finding panel, unless the parties agree to proceed | 9 | | without a tri-partite panel. Following these appointments, | 10 | | if any, the parties shall select a qualified impartial | 11 | | individual to serve as the fact-finder and chairperson of | 12 | | the fact-finding panel, if applicable. An individual shall | 13 | | be considered qualified to serve as the fact-finder and | 14 | | chairperson of the fact-finding panel, if applicable, if | 15 | | he or she was not the same individual who was appointed as | 16 | | the mediator and if he or she satisfies the following | 17 | | requirements: membership in good standing with the | 18 | | National Academy of Arbitrators, Federal Mediation and | 19 | | Conciliation Service, or American Arbitration Association | 20 | | for a minimum of 10 years; membership on the mediation | 21 | | roster for the Illinois Labor Relations Board or Illinois | 22 | | Educational Labor Relations Board; issuance of at least 5 | 23 | | interest arbitration awards arising under the Illinois | 24 | | Public Labor Relations Act; and participation in impasse | 25 | | resolution processes arising under private or public | 26 | | sector collective bargaining statutes in other states. If |
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| 1 | | the parties are unable to agree on a fact-finder, the | 2 | | parties shall request a panel of fact-finders who satisfy | 3 | | the requirements set forth in this paragraph (2) from | 4 | | either the Federal Mediation and Conciliation Service or | 5 | | the American Arbitration Association and shall select a | 6 | | fact-finder from such panel in accordance with the | 7 | | procedures established by the organization providing the | 8 | | panel. | 9 | | (3) The fact-finder shall have the following duties | 10 | | and powers: | 11 | | (A) to require the parties to submit a statement | 12 | | of disputed issues and their positions regarding each | 13 | | issue either jointly or separately; | 14 | | (B) to identify disputed issues that are economic | 15 | | in nature; | 16 | | (C) to meet with the parties either separately or | 17 | | in executive sessions; | 18 | | (D) to conduct hearings and regulate the time, | 19 | | place, course, and manner of the hearings; | 20 | | (E) to request the Board to issue subpoenas | 21 | | requiring the attendance and testimony of witnesses or | 22 | | the production of evidence; | 23 | | (F) to administer oaths and affirmations; | 24 | | (G) to examine witnesses and documents; | 25 | | (H) to create a full and complete written record | 26 | | of the hearings; |
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| 1 | | (I) to attempt mediation or remand a disputed | 2 | | issue to the parties for further collective | 3 | | bargaining; | 4 | | (J) to require the parties to submit final offers | 5 | | for each disputed issue either individually or as a | 6 | | package or as a combination of both; and | 7 | | (K) to employ any other measures deemed | 8 | | appropriate to resolve the impasse. | 9 | | (4) If the dispute is not settled within 75 days after | 10 | | the appointment of the fact-finding panel, the | 11 | | fact-finding panel shall issue a private report to the | 12 | | parties that contains advisory findings of fact and | 13 | | recommended terms of settlement for all disputed issues | 14 | | and that sets forth a rationale for each recommendation. | 15 | | The fact-finding panel, acting by a majority of its | 16 | | members, shall base its findings and recommendations upon | 17 | | the following criteria as applicable: | 18 | | (A) the lawful authority of the employer; | 19 | | (B) the federal and State statutes or local | 20 | | ordinances and resolutions applicable to the employer; | 21 | | (C) prior collective bargaining agreements and the | 22 | | bargaining history between the parties; | 23 | | (D) stipulations of the parties; | 24 | | (E) the interests and welfare of the public and | 25 | | the students and families served by the employer; | 26 | | (F) the employer's financial ability to fund the |
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| 1 | | proposals based on existing available resources, | 2 | | provided that such ability is not predicated on an | 3 | | assumption that lines of credit or reserve funds are | 4 | | available or that the employer may or will receive or | 5 | | develop new sources of revenue or increase existing | 6 | | sources of revenue; | 7 | | (G) the impact of any economic adjustments on the | 8 | | employer's ability to pursue its educational mission; | 9 | | (H) the present and future general economic | 10 | | conditions in the locality and State; | 11 | | (I) a comparison of the wages, hours, and | 12 | | conditions of employment of the employees involved in | 13 | | the dispute with the wages, hours, and conditions of | 14 | | employment of employees performing similar services in | 15 | | public education in the 10 largest U.S. cities , and | 16 | | for educational employees who are forbidden to strike, | 17 | | this comparison shall be based on comparable | 18 | | communities ; | 19 | | (J) the average consumer prices in urban areas for | 20 | | goods and services, which is commonly known as the | 21 | | cost of living; | 22 | | (K) the overall compensation presently received by | 23 | | the employees involved in the dispute, including | 24 | | direct wage compensation; vacations, holidays, and | 25 | | other excused time; insurance and pensions; medical | 26 | | and hospitalization benefits; the continuity and |
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| 1 | | stability of employment and all other benefits | 2 | | received; and how each party's proposed compensation | 3 | | structure supports the educational goals of the | 4 | | district , and for educational employees who are | 5 | | forbidden from striking, this analysis shall also | 6 | | include all other employees who are employed by the | 7 | | educational employer ; | 8 | | (L) changes in any of the circumstances listed in | 9 | | items (A) through (K) of this paragraph (4) during the | 10 | | fact-finding proceedings; | 11 | | (M) the effect that any term the parties are at | 12 | | impasse on has or may have on the overall educational | 13 | | environment, learning conditions, and working | 14 | | conditions with the school district; and | 15 | | (N) the effect that any term the parties are at | 16 | | impasse on has or may have in promoting the public | 17 | | policy of this State. | 18 | | (5) The fact-finding panel's recommended terms of | 19 | | settlement shall be deemed agreed upon by the parties as | 20 | | the final resolution of the disputed issues and | 21 | | incorporated into the collective bargaining agreement | 22 | | executed by the parties, unless either party tenders to | 23 | | the other party and the chairperson of the fact-finding | 24 | | panel a notice of rejection of the recommended terms of | 25 | | settlement with a rationale for the rejection, within 15 | 26 | | days after the date of issuance of the fact-finding |
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| 1 | | panel's report. With regard to educational employees who | 2 | | are forbidden from striking, if either party submits a | 3 | | notice of rejection, either party may utilize mandatory | 4 | | interest arbitration proceedings established in subsection | 5 | | (e). For all other educational employees subject to this | 6 | | subsection (a-10), if If either party submits a notice of | 7 | | rejection, the chairperson of the fact-finding panel shall | 8 | | publish the fact-finding panel's report and the notice of | 9 | | rejection for public information by delivering a copy to | 10 | | all newspapers of general circulation in the community | 11 | | with simultaneous written notice to the parties. | 12 | | The changes made to this subsection (a-10) by this | 13 | | amendatory Act of the 103rd General Assembly apply only to | 14 | | collective bargaining agreements entered into, modified, | 15 | | extended, or renewed on or after the effective date of this | 16 | | amendatory Act of the 103rd General Assembly. | 17 | | (b) (Blank).
| 18 | | (c) The costs of fact finding and mediation shall be | 19 | | shared equally
between
the employer and the exclusive | 20 | | bargaining agent, provided that, for
purposes of mediation | 21 | | under this Act, if either party requests the use of
mediation | 22 | | services from the Federal Mediation and Conciliation Service, | 23 | | the
other party shall either join in such request or bear the | 24 | | additional cost
of mediation services from another source. All | 25 | | other costs and expenses of complying with this Section must | 26 | | be borne by the party incurring them.
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| 1 | | (c-5) If an educational employer or exclusive bargaining | 2 | | representative refuses to participate in mediation or fact | 3 | | finding when required by this Section, the refusal shall be | 4 | | deemed a refusal to bargain in good faith. | 5 | | (d) Nothing in this Act prevents an employer and an | 6 | | exclusive bargaining
representative from mutually submitting | 7 | | to final and binding impartial
arbitration unresolved issues | 8 | | concerning the terms of a new collective
bargaining agreement.
| 9 | | (e) This subsection (e) applies only to collective | 10 | | bargaining between a public school district organized under | 11 | | Article 34 of the School Code and an exclusive representative | 12 | | of educational employees who are forbidden from striking under | 13 | | this Act. Educational employees who are forbidden from | 14 | | striking have the right to submit all negotiation disputes, | 15 | | including, but not limited to, mid-term disputes and impact | 16 | | bargaining disputes, for resolution through the following | 17 | | mandatory arbitration procedures: | 18 | | (1) For collective bargaining agreements between an | 19 | | educational employer and exclusive representative, | 20 | | mediation shall commence upon 15 days' notice from either | 21 | | party or at such later time as the mediation services so | 22 | | chosen can be provided to the parties. If fact-finding | 23 | | procedures under subsection (a-10) were utilized, the | 24 | | parties shall be deemed to have satisfied the requirement | 25 | | to engage in mediation before requesting arbitration. In | 26 | | mediation under this Section, if either party requests the |
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| 1 | | use of mediation services from the Federal Mediation and | 2 | | Conciliation Service, the other party shall either join in | 3 | | such request or bear the additional cost of mediation | 4 | | services from another source. The mediator shall have a | 5 | | duty to keep the Board informed on the progress of the | 6 | | mediation. If any dispute has not been resolved within 15 | 7 | | days after the first meeting of the parties and the | 8 | | mediator or within such other time limit as may be | 9 | | mutually agreed upon by the parties, either the exclusive | 10 | | representative or employer may request of the other, in | 11 | | writing, arbitration, and shall submit a copy of the | 12 | | request to the Board. | 13 | | (2) Within 10 days after such a request for | 14 | | arbitration has been made, the educational employer shall | 15 | | choose a delegate and the employees' exclusive | 16 | | representative shall choose a delegate to a panel of | 17 | | arbitration as provided in this Section. The employer and | 18 | | employees shall forthwith advise the other and the Board | 19 | | of their selections. The parties may agree to waive the | 20 | | tripartite panel and use a sole arbitrator to resolve the | 21 | | dispute. | 22 | | (3) Within 7 days after the request of either party, | 23 | | the parties shall request a panel of impartial arbitrators | 24 | | from which they shall select the neutral chairperson or | 25 | | sole arbitrator according to the procedures provided in | 26 | | this Section. If the parties have agreed to a contract |
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| 1 | | that contains a grievance resolution procedure, the | 2 | | chairperson or sole arbitrator shall be selected using | 3 | | their agreed contract procedure unless they mutually agree | 4 | | to another procedure. In the absence of an agreed contract | 5 | | procedure for selecting an impartial arbitrator, the | 6 | | parties shall submit a request to the Federal Mediation | 7 | | and Conciliation Services for a panel of 7 arbitrators who | 8 | | are members in good standing with the National Academy of | 9 | | Arbitrators and have issued at least 5 interest | 10 | | arbitration awards arising under either the Illinois | 11 | | Public Labor Relations Act or this Act. The parties shall | 12 | | conduct a coin toss to determine who strikes first, and | 13 | | the parties shall alternately strike arbitrators from the | 14 | | list until one remains. The parties shall promptly notify | 15 | | the Board of their selection. | 16 | | (4) The chairperson or sole arbitrator shall call a | 17 | | hearing to begin within 15 days or as otherwise mutually | 18 | | agreed upon by the parties and give reasonable notice of | 19 | | the time and place of the hearing. The hearing shall be | 20 | | held at the offices of the Board or at such other location | 21 | | as mutually agreed upon by the parties. The chairperson or | 22 | | sole arbitrator shall preside over the hearing and shall | 23 | | take testimony. Any oral or documentary evidence and other | 24 | | data deemed relevant by the arbitration panel or sole | 25 | | arbitrator may be received in evidence. The proceedings | 26 | | shall be informal. Technical rules of evidence shall not |
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| 1 | | apply and the competency of the evidence shall not thereby | 2 | | be deemed impaired. A verbatim record of the proceedings | 3 | | shall be made and the arbitrator shall arrange for the | 4 | | necessary recording service. Transcripts may be ordered at | 5 | | the expense of the party ordering them, but the | 6 | | transcripts shall not be necessary for a decision by the | 7 | | arbitration panel or sole arbitrator. The expense of the | 8 | | proceedings, including a fee for the chairperson or sole | 9 | | arbitrator, shall be borne equally by each of the parties | 10 | | to the dispute. The delegates, if educational employees, | 11 | | shall continue on the payroll of the educational employer | 12 | | without loss of pay. The hearing conducted by the | 13 | | arbitration panel or sole arbitrator may be adjourned from | 14 | | time to time, but, unless otherwise agreed by the parties, | 15 | | shall be concluded within 30 days after the time of its | 16 | | commencement. Majority actions and rulings shall | 17 | | constitute the actions and rulings of the arbitration | 18 | | panel. Arbitration proceedings under this Section shall | 19 | | not be interrupted or terminated by reason of any unfair | 20 | | labor practice charge filed by either party at any time. | 21 | | (5) The arbitration panel or sole arbitrator may | 22 | | administer oaths, require the attendance of witnesses and | 23 | | the production of such books, papers, contracts, | 24 | | agreements, and documents as may be deemed by it material | 25 | | to a just determination of the issues in dispute, and, for | 26 | | such purpose, may issue subpoenas. If any person refuses |
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| 1 | | to obey a subpoena or refuses to be sworn or to testify or | 2 | | if any witness, party, or attorney is guilty of contempt | 3 | | while in attendance at any hearing, the arbitration panel | 4 | | or sole arbitrator may, or the Attorney General if | 5 | | requested shall, invoke the aid of any circuit court | 6 | | within the jurisdiction in which the hearing is being | 7 | | held, which court shall issue an appropriate order. Any | 8 | | failure to obey the order may be punished by the court as | 9 | | contempt. | 10 | | (6) At any time before the rendering of an award, the | 11 | | chairperson of the arbitration panel or sole arbitrator, | 12 | | if he or she is of the opinion that it would be useful or | 13 | | beneficial to do so, may remand the dispute to the parties | 14 | | for further collective bargaining for a period not to | 15 | | exceed 2 weeks. If the dispute is remanded for further | 16 | | collective bargaining, the time provisions of this Act | 17 | | shall be extended for a time period equal to that of the | 18 | | remand. The chairperson of the panel of arbitration or | 19 | | sole arbitrator shall notify the Board of the remand. | 20 | | (7) At or before the conclusion of the hearing held | 21 | | pursuant to paragraph (4), the arbitration panel or sole | 22 | | arbitrator shall identify the economic issues in dispute | 23 | | and direct each of the parties to submit, within such time | 24 | | limit as the panel shall prescribe, to the arbitration | 25 | | panel or sole arbitrator and to each other its last offer | 26 | | of settlement on each economic issue. The determination of |
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| 1 | | the arbitration panel or sole arbitrator as to the issues | 2 | | in dispute and as to which of these issues are economic | 3 | | shall be conclusive. The arbitration panel or sole | 4 | | arbitrator, within 30 days after the conclusion of the | 5 | | hearing or such further additional periods to which the | 6 | | parties may agree, shall make written findings of fact and | 7 | | promulgate a written opinion and shall mail or otherwise | 8 | | deliver a true copy thereof to the parties and their | 9 | | representatives and to the Board. As to each economic | 10 | | issue, the arbitration panel or sole arbitrator shall | 11 | | adopt the last offer of settlement that, in the opinion of | 12 | | the arbitration panel or sole arbitrator, more nearly | 13 | | complies with the applicable factors prescribed in | 14 | | paragraph (8). The findings, opinions, and order as to all | 15 | | other issues shall be based upon the applicable factors | 16 | | prescribed in paragraph (8). | 17 | | (8) If there is no agreement between the parties or if | 18 | | there is an agreement but the parties have begun | 19 | | negotiations or discussions looking to a new agreement or | 20 | | amendment of the existing agreement and wage rates or | 21 | | other conditions of employment under the proposed new or | 22 | | amended agreement are in dispute, the arbitration panel or | 23 | | sole arbitrator shall base its findings, opinions, and | 24 | | order upon the following factors, as applicable: | 25 | | (A) the lawful authority of the employer; | 26 | | (B) the federal and State statutes or local
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| 1 | | ordinances and resolutions applicable to the employer | 2 | | or employees; | 3 | | (C) prior collective bargaining agreements and
the | 4 | | bargaining history between the parties; | 5 | | (D) stipulations of the parties; | 6 | | (E) the interests and welfare of the public and
| 7 | | the students and families served by the employer; | 8 | | (F) the employer's financial ability to fund the
| 9 | | proposals based on existing available resources, | 10 | | provided that such ability is not predicated on an | 11 | | assumption that lines of credit or reserve funds are | 12 | | available or that the employer may or will receive or | 13 | | develop new sources of revenue or increase existing | 14 | | sources of revenue; | 15 | | (G) the impact of any economic adjustments on the
| 16 | | employer's ability to pursue its educational mission; | 17 | | (H) the present and future general economic
| 18 | | conditions in the locality and State; | 19 | | (I) a comparison of the wages, hours, and
| 20 | | conditions of employment of the employees involved in | 21 | | the dispute with the wages, hours, and conditions of | 22 | | employment of employees performing similar services in | 23 | | public education in comparable communities; | 24 | | (J) the average consumer prices in urban areas
for | 25 | | goods and services, which is commonly known as the | 26 | | cost of living; |
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| 1 | | (K) the overall compensation presently received
by | 2 | | the employees involved in the dispute and by all other | 3 | | employees who are employed by the educational | 4 | | employer, including direct wage compensation; | 5 | | vacations, holidays, and other excused time; insurance | 6 | | and pensions; medical and hospitalization benefits; | 7 | | the continuity and stability of employment and all | 8 | | other benefits received; and how each party's proposed | 9 | | compensation structure supports the educational goals | 10 | | of the district; | 11 | | (L) changes in any of the circumstances listed in
| 12 | | items (A) through (K) of this paragraph (8) during the | 13 | | arbitration proceedings; | 14 | | (M) the effect that any term the parties are at
| 15 | | impasse on has or may have on the overall educational | 16 | | environment, learning conditions, and working | 17 | | conditions with the school district; | 18 | | (N) the effect that any term the parties are at
| 19 | | impasse on has or may have in promoting the public | 20 | | policy of this State; and | 21 | | (O) such other factors, not confined to the | 22 | | foregoing, that are normally or traditionally taken in | 23 | | consideration in the determination of wages, hours, | 24 | | and conditions of employment through voluntary | 25 | | collective bargaining, mediation, fact-finding, or | 26 | | arbitration or otherwise between the parties in the |
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| 1 | | public service or private employment. | 2 | | (9) Arbitration procedures shall be deemed to be | 3 | | initiated by the filing of a letter requesting mediation | 4 | | as required under paragraph (1). The commencement of a new | 5 | | fiscal year after the initiation of arbitration procedures | 6 | | under this Act but before the arbitration decision or its | 7 | | enforcement shall not be deemed to render a dispute moot | 8 | | or to otherwise impair the jurisdiction or authority of | 9 | | the arbitration panel or sole arbitrator or its decision. | 10 | | Increases in rates of compensation awarded by the | 11 | | arbitration panel or sole arbitrator may be effective only | 12 | | at the start of the fiscal year next commencing after the | 13 | | date of the arbitration award. If a new fiscal year has | 14 | | commenced either since the initiation of arbitration | 15 | | procedures under this Act or since any mutually agreed | 16 | | extension of the statutorily required period of mediation | 17 | | under this Act by the parties to the labor dispute causing | 18 | | a delay in the initiation of arbitration, the foregoing | 19 | | limitations shall be inapplicable, and such awarded | 20 | | increases may be retroactive to the commencement of the | 21 | | fiscal year, any other statute or charter provisions to | 22 | | the contrary, notwithstanding. At any time the parties, by | 23 | | stipulation, may amend or modify an award of arbitration. | 24 | | (10) Orders of the arbitration panel or sole | 25 | | arbitrator shall be reviewable, upon appropriate petition | 26 | | by either the educational employer or the exclusive |
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| 1 | | bargaining representative, by the circuit court for the | 2 | | county in which the dispute arose or in which a majority of | 3 | | the affected employees reside but only for reasons that | 4 | | the arbitration panel or sole arbitrator was without or | 5 | | exceeded its statutory authority; the order is arbitrary | 6 | | or capricious; or the order was procured by fraud, | 7 | | collusion, or other similar and unlawful means. Such | 8 | | petitions for review must be filed with the appropriate | 9 | | circuit court within 90 days following the issuance of the | 10 | | arbitration order. The pendency of such proceeding for | 11 | | review shall not automatically stay the order of the | 12 | | arbitration panel or sole arbitrator. The party against | 13 | | whom the final decision of any such court shall be | 14 | | adverse, if such court finds such appeal or petition to be | 15 | | frivolous, shall pay reasonable attorney's fees and costs | 16 | | to the successful party, as determined by the court in its | 17 | | discretion. If the court's decision affirms the award of | 18 | | money, such award, if retroactive, shall bear interest at | 19 | | the rate of 12% per annum from the effective retroactive | 20 | | date. | 21 | | (11) During the pendency of proceedings before the | 22 | | arbitration panel or sole arbitrator, existing wages, | 23 | | hours, and other conditions of employment shall not be | 24 | | changed by action of either party without the consent of | 25 | | the other, but a party may so consent without prejudice to | 26 | | his or her rights or position under this Act. The |
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| 1 | | proceedings are deemed to be pending before the | 2 | | arbitration panel or sole arbitrator upon the initiation | 3 | | of arbitration procedures under this Act.
The educational | 4 | | employees covered by this subsection (e) may not withhold | 5 | | services, nor may educational employers lock out or | 6 | | prevent such employees from performing services at any | 7 | | time. | 8 | | (12) All of the terms decided upon by the arbitration | 9 | | panel or sole arbitrator shall be included in an agreement | 10 | | to be submitted to the educational employer's governing | 11 | | body for ratification and adoption by law, ordinance, or | 12 | | the equivalent appropriate means. | 13 | | The governing body shall review each term decided by | 14 | | the arbitration panel or sole arbitrator. If the governing | 15 | | body fails to reject one or more terms of the arbitration | 16 | | panel's or sole arbitrator's decision by a three-fifths | 17 | | vote of those duly elected and qualified members of the | 18 | | governing body at the next regularly scheduled meeting of | 19 | | the governing body after issuance, such term or terms | 20 | | shall become a part of the collective bargaining agreement | 21 | | of the parties. If the governing body affirmatively | 22 | | rejects one or more terms of the arbitration panel's or | 23 | | sole arbitrator's decision, it must provide written | 24 | | reasons for such rejection with respect to each term so | 25 | | rejected, within 20 days after such rejection and the | 26 | | parties shall return to the arbitration panel or sole |
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| 1 | | arbitrator for further proceedings and issuance of a | 2 | | supplemental decision with respect to the rejected terms. | 3 | | Any supplemental decision by an arbitration panel, sole | 4 | | arbitrator, or other decision maker agreed to by the | 5 | | parties shall be final and binding on the parties. The | 6 | | voting requirements of this subsection (e) shall apply to | 7 | | all disputes submitted to arbitration pursuant to this | 8 | | Section, notwithstanding any contrary voting requirements | 9 | | contained in any existing collective bargaining agreement | 10 | | between the parties. | 11 | | (13) If the governing body of the employer votes to | 12 | | reject the panel's or sole arbitrator's decision, the | 13 | | parties shall return to the panel or sole arbitrator | 14 | | within 30 days from the issuance of the reasons for | 15 | | rejection for further proceedings and issuance of a final | 16 | | and binding supplemental decision. All reasonable costs of | 17 | | such supplemental proceeding, including the exclusive | 18 | | representative's reasonable attorney's fees, as | 19 | | established by the Board, shall be paid by the educational | 20 | | employer. | 21 | | (14) Notwithstanding the other provisions of this | 22 | | subsection (e), the educational employer and exclusive | 23 | | representative may agree to submit unresolved disputes | 24 | | concerning wages, hours, terms, and conditions of | 25 | | employment to an alternative form of impasse resolution. | 26 | | (15) The costs of mediation and arbitration shall be |
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| 1 | | shared equally between the educational employer and the | 2 | | exclusive bargaining agent, provided that, for purposes of | 3 | | mediation under this Act, if either party requests the use | 4 | | of mediation services from the Federal Mediation and | 5 | | Conciliation Service, the other party shall either join in | 6 | | such request or bear the additional cost of mediation | 7 | | services from another source. All other costs and expenses | 8 | | of complying with this Section must be borne by the party | 9 | | incurring them, except as otherwise expressly provided in | 10 | | this subsection (e). | 11 | | If an educational employer or exclusive bargaining | 12 | | representative refuses to participate in mediation or | 13 | | arbitration when required by this Section, the refusal shall | 14 | | be deemed a refusal to bargain in good faith. | 15 | | Nothing in this Act prevents an employer and an exclusive | 16 | | bargaining representative who are not subject to mandatory | 17 | | arbitration under this subsection (e) from mutually submitting | 18 | | to final and binding impartial arbitration unresolved issues | 19 | | concerning the terms of a new collective bargaining agreement. | 20 | | This subsection (e) applies only to collective bargaining | 21 | | agreements entered into, modified, extended, or renewed on or | 22 | | after the effective date of this amendatory Act of the 103rd | 23 | | General Assembly. | 24 | | (Source: P.A. 101-664, eff. 4-2-21.)
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