Full Text of HB2121 94th General Assembly
HB2121 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2121
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Larry McKeon SYNOPSIS AS INTRODUCED: |
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5 ILCS 315/14 |
from Ch. 48, par. 1614 |
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Amends the Illinois Public Labor Relations Act. Makes
a technical change in a Section concerning security employees.
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A BILL FOR
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HB2121 |
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LRB094 03072 WGH 33073 b |
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| AN ACT concerning labor.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing Section 14 as follows:
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| (5 ILCS 315/14) (from Ch. 48, par. 1614)
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| Sec. 14. Security Employee, Peace Officer and Fire Fighter | 8 |
| Disputes.
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| (a) In the
the case of collective bargaining agreements | 10 |
| involving units of
security employees of a public employer, | 11 |
| Peace Officer Units, or units of
fire fighters or paramedics, | 12 |
| and in the case of disputes under Section 18,
unless the | 13 |
| parties mutually agree to some other time limit, mediation
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| shall commence 30 days prior to the expiration date of such | 15 |
| agreement or
at such later time as the mediation services | 16 |
| chosen under subsection (b) of
Section 12 can be provided to | 17 |
| the parties. In the case of negotiations
for an initial | 18 |
| collective bargaining agreement, mediation shall commence
upon | 19 |
| 15 days notice from either party or at such later time as the
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| mediation services chosen pursuant to subsection (b) of Section | 21 |
| 12 can be
provided to the parties. In mediation under this | 22 |
| Section, if either party
requests the use of mediation services | 23 |
| from the Federal Mediation and
Conciliation Service, the other | 24 |
| party shall either join in such request or
bear the additional | 25 |
| cost of mediation services from another source. The
mediator | 26 |
| shall have a duty to keep the Board informed on the progress of
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| the mediation. If any dispute has not been resolved within 15 | 28 |
| days after
the first meeting of the parties and the mediator, | 29 |
| or within such other
time limit as may be mutually agreed upon | 30 |
| by the parties, either the
exclusive representative or employer | 31 |
| may request of the other, in writing,
arbitration, and shall | 32 |
| submit a copy of the request to the Board. |
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| (b) Within 10 days after such a request for arbitration has | 2 |
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made, the employer shall choose a delegate and
the | 3 |
| employees' exclusive representative shall choose a delegate to | 4 |
| a panel
of arbitration as provided in this Section. The | 5 |
| employer and employees
shall forthwith advise the other and the | 6 |
| Board of their selections.
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| (c) Within 7 days of the request of either party, the Board | 8 |
| shall select
from the Public Employees Labor Mediation Roster 7 | 9 |
| persons who are on the
labor arbitration panels of either the | 10 |
| American Arbitration Association or
the Federal Mediation and | 11 |
| Conciliation Service, or who are members of the
National | 12 |
| Academy of Arbitrators, as nominees for
impartial arbitrator of | 13 |
| the arbitration panel. The parties may select an
individual on | 14 |
| the list provided by the Board or any other individual
mutually | 15 |
| agreed upon by the parties. Within 7 days following the receipt
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| of the list, the parties shall notify the Board of the person | 17 |
| they have
selected. Unless the parties agree on an alternate | 18 |
| selection procedure,
they shall alternatively strike one name | 19 |
| from the list provided by the
Board until only one name | 20 |
| remains. A coin toss shall determine which party
shall strike | 21 |
| the first name. If the parties fail to notify the Board in a
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| timely manner of their selection for neutral chairman, the | 23 |
| Board shall
appoint a neutral chairman from the Illinois Public | 24 |
| Employees
Mediation/Arbitration Roster.
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| (d) The chairman shall call a hearing to begin within 15 | 26 |
| days and give
reasonable notice of the time and place of the | 27 |
| hearing. The hearing
shall be held at the offices of the Board | 28 |
| or at such other location as the
Board deems appropriate. The | 29 |
| chairman shall preside over the hearing and
shall take | 30 |
| testimony. Any oral or documentary evidence and other data
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| deemed relevant by the arbitration panel may be received in | 32 |
| evidence. The
proceedings shall be informal. Technical rules of | 33 |
| evidence shall not apply
and the competency of the evidence | 34 |
| shall not thereby be deemed impaired. A
verbatim record of the | 35 |
| proceedings shall be made and the arbitrator shall
arrange for | 36 |
| the necessary recording service. Transcripts may be ordered at
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| the expense of the party ordering them, but the transcripts | 2 |
| shall not be
necessary for a decision by the arbitration panel. | 3 |
| The expense of the
proceedings, including a fee for the | 4 |
| chairman, established in advance by
the Board, shall be borne | 5 |
| equally by each of the parties to the dispute.
The delegates, | 6 |
| if public officers or employees, shall continue on the
payroll | 7 |
| of the public employer without loss of pay. The hearing | 8 |
| conducted
by the arbitration panel may be adjourned from time | 9 |
| to time, but unless
otherwise agreed by the parties, shall be | 10 |
| concluded within 30 days of the
time of its commencement. | 11 |
| Majority actions and rulings shall constitute
the actions and | 12 |
| rulings of the arbitration panel. Arbitration proceedings
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| under this Section shall not be interrupted or terminated by | 14 |
| reason of any
unfair labor practice charge filed by either | 15 |
| party at any time.
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| (e) The arbitration panel may administer oaths, require the | 17 |
| attendance
of witnesses, and the production of such books, | 18 |
| papers, contracts, agreements
and documents as may be deemed by | 19 |
| it material to a just determination of
the issues in dispute, | 20 |
| and for such purpose may issue subpoenas. If any
person refuses | 21 |
| to obey a subpoena, or refuses to be sworn or to testify,
or if | 22 |
| any witness, party or attorney is guilty of any contempt while | 23 |
| in
attendance at any hearing, the arbitration panel may, or the | 24 |
| attorney general
if requested shall, invoke the aid of any | 25 |
| circuit court within the jurisdiction
in which the hearing is | 26 |
| being held, which court shall issue an appropriate
order. Any | 27 |
| failure to obey the order may be punished by the court as | 28 |
| contempt.
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| (f) At any time before the rendering of an award, the | 30 |
| chairman of the
arbitration panel, if he is of the opinion that | 31 |
| it would be useful or
beneficial to do so, may remand the | 32 |
| dispute to the parties for further
collective bargaining for a | 33 |
| period not to exceed 2 weeks. If the dispute
is remanded for | 34 |
| further collective bargaining the time provisions of this
Act | 35 |
| shall be extended for a time period equal to that of the | 36 |
| remand. The
chairman of the panel of arbitration shall notify |
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| the Board of the remand.
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| (g) At or before the conclusion of the hearing held | 3 |
| pursuant to subsection
(d), the arbitration panel shall | 4 |
| identify the economic issues in dispute,
and direct each of the | 5 |
| parties to submit, within such time limit as the
panel shall | 6 |
| prescribe, to the arbitration panel and to each other its last
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| offer of settlement on each economic issue. The determination | 8 |
| of the
arbitration panel as to the issues in dispute and as to | 9 |
| which of these
issues are economic shall be conclusive. The | 10 |
| arbitration panel, within 30
days after the conclusion of the | 11 |
| hearing, or such further additional
periods to which the | 12 |
| parties may agree, shall make written findings of fact
and | 13 |
| promulgate a written opinion and shall mail or otherwise | 14 |
| deliver a true
copy thereof to the parties and their | 15 |
| representatives and to the Board. As
to each economic issue, | 16 |
| the arbitration panel shall adopt the last offer of
settlement | 17 |
| which, in the opinion of the arbitration panel, more nearly
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| complies with the applicable factors prescribed in subsection | 19 |
| (h). The
findings, opinions and order as to all other issues | 20 |
| shall be based upon the
applicable factors prescribed in | 21 |
| subsection (h).
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| (h) Where there is no agreement between the parties, or | 23 |
| where there is
an agreement but the parties have begun | 24 |
| negotiations or discussions looking
to a new agreement or | 25 |
| amendment of the existing agreement, and wage rates
or other | 26 |
| conditions of employment under the proposed new or amended | 27 |
| agreement
are in dispute, the arbitration panel shall base its | 28 |
| findings, opinions
and order upon the following factors, as | 29 |
| applicable:
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| (1) The lawful authority of the employer.
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| (2) Stipulations of the parties.
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| (3) The interests and welfare of the public and the | 33 |
| financial ability
of the unit of government to meet those | 34 |
| costs.
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| (4) Comparison of the wages, hours and conditions of | 36 |
| employment of the
employees involved in the arbitration |
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| proceeding with the wages, hours and
conditions of | 2 |
| employment of other employees performing similar services
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| and with other employees generally:
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| (A) In public employment in comparable | 5 |
| communities.
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| (B) In private employment in comparable | 7 |
| communities.
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| (5) The average consumer prices for goods and services, | 9 |
| commonly known
as the cost of living.
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| (6) The overall compensation presently received by the | 11 |
| employees,
including
direct wage compensation, vacations, | 12 |
| holidays and other excused time, insurance
and pensions, | 13 |
| medical and hospitalization benefits, the continuity and
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| stability of employment and all other benefits received.
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| (7) Changes in any of the foregoing circumstances | 16 |
| during the pendency
of the arbitration proceedings.
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| (8) Such other factors, not confined to the foregoing, | 18 |
| which are normally
or traditionally taken into | 19 |
| consideration in the determination of wages,
hours and | 20 |
| conditions of employment through voluntary collective | 21 |
| bargaining,
mediation, fact-finding, arbitration or | 22 |
| otherwise between the parties, in
the public service or in | 23 |
| private employment.
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| (i) In the case of peace officers, the arbitration decision | 25 |
| shall be
limited to wages, hours, and conditions of employment | 26 |
| (which may include
residency requirements in municipalities | 27 |
| with a population under 1,000,000, but
those residency | 28 |
| requirements shall not allow residency outside of Illinois)
and | 29 |
| shall not include
the following: i) residency requirements in | 30 |
| municipalities with a population
of at least 1,000,000; ii) the | 31 |
| type of equipment, other
than uniforms, issued or used; iii) | 32 |
| manning; iv) the total number of
employees employed by the | 33 |
| department; v) mutual aid and assistance
agreements to other | 34 |
| units of government; and vi) the criterion pursuant to
which | 35 |
| force, including deadly force, can be used; provided, nothing | 36 |
| herein
shall preclude an arbitration decision regarding |
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| equipment or manning
levels if such decision is based on a | 2 |
| finding that the equipment or manning
considerations in a | 3 |
| specific work assignment involve a serious risk to the
safety | 4 |
| of a peace officer beyond that which is inherent in the normal
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| performance of police duties. Limitation of the terms of the | 6 |
| arbitration
decision pursuant to this subsection shall not be | 7 |
| construed to limit the
factors upon which the decision may be | 8 |
| based, as set forth in subsection (h).
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| In the case of fire fighter, and fire department or fire | 10 |
| district paramedic
matters, the arbitration decision shall be | 11 |
| limited to wages, hours, and
conditions of employment (which | 12 |
| may include residency requirements in
municipalities with a | 13 |
| population under 1,000,000, but those residency
requirements | 14 |
| shall not allow residency outside of Illinois) and shall not
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| include the
following matters: i) residency requirements in | 16 |
| municipalities with a
population of at least 1,000,000; ii) the | 17 |
| type of equipment (other than
uniforms and fire fighter turnout | 18 |
| gear) issued or used; iii) the total
number of employees | 19 |
| employed by the department; iv) mutual aid and
assistance | 20 |
| agreements to other units of government; and v) the criterion
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| pursuant to which force, including deadly force, can be used; | 22 |
| provided,
however, nothing herein shall preclude an | 23 |
| arbitration decision regarding
equipment levels if such | 24 |
| decision is based on a finding that the equipment
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| considerations in a specific work assignment involve a serious | 26 |
| risk to the
safety of a fire fighter beyond that which is | 27 |
| inherent in the normal
performance of fire fighter duties. | 28 |
| Limitation of the terms of the
arbitration decision pursuant to | 29 |
| this subsection shall not be construed to
limit the facts upon | 30 |
| which the decision may be based, as set forth in
subsection | 31 |
| (h).
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| The changes to this subsection (i) made by Public Act | 33 |
| 90-385 (relating to residency requirements) do not
apply to | 34 |
| persons who are employed by a combined department that performs | 35 |
| both
police and firefighting services; these persons shall be | 36 |
| governed by the
provisions of this subsection (i) relating to |
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| peace officers, as they existed
before the amendment by Public | 2 |
| Act 90-385.
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| To preserve historical bargaining rights, this subsection | 4 |
| shall not apply
to any provision of a fire fighter collective | 5 |
| bargaining agreement in effect
and applicable on the effective | 6 |
| date of this Act; provided, however, nothing
herein shall | 7 |
| preclude arbitration with respect to any such provision.
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| (j) Arbitration procedures shall be deemed to be initiated | 9 |
| by the
filing of a letter requesting mediation as required | 10 |
| under subsection (a)
of this Section. The commencement of a new | 11 |
| municipal fiscal year after the
initiation of arbitration | 12 |
| procedures under this Act, but before the
arbitration decision, | 13 |
| or its enforcement, shall not be deemed to render a
dispute | 14 |
| moot, or to otherwise impair the jurisdiction or authority of | 15 |
| the
arbitration panel or its decision. Increases in rates
of | 16 |
| compensation awarded by the arbitration panel may be effective | 17 |
| only at
the start of the fiscal year next commencing after the | 18 |
| date of the arbitration
award. If a new fiscal year has | 19 |
| commenced either since the initiation of
arbitration | 20 |
| procedures under this Act or since any mutually agreed
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| extension of the statutorily required period of mediation
under | 22 |
| this Act by the parties to the labor dispute causing a
delay in | 23 |
| the initiation of arbitration, the foregoing limitations shall | 24 |
| be
inapplicable, and such awarded increases may be retroactive | 25 |
| to the
commencement of the fiscal year, any other statute or | 26 |
| charter provisions to
the contrary, notwithstanding. At any | 27 |
| time the parties, by stipulation, may
amend or modify an award | 28 |
| of arbitration.
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| (k) Orders of the arbitration panel shall be reviewable, | 30 |
| upon
appropriate petition by either the public employer or the | 31 |
| exclusive
bargaining representative, by the circuit court for | 32 |
| the county in which the
dispute arose or in which a majority of | 33 |
| the affected employees reside, but
only for reasons that the | 34 |
| arbitration panel was without or exceeded its
statutory | 35 |
| authority; the order is arbitrary, or capricious; or the order
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| was procured by fraud, collusion or other similar and unlawful |
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| means. Such
petitions for review must be filed with the | 2 |
| appropriate circuit court
within 90 days following the issuance | 3 |
| of the arbitration order. The
pendency of such proceeding for | 4 |
| review shall not automatically stay the
order of the | 5 |
| arbitration panel. The party against whom the final decision
of | 6 |
| any such court shall be adverse, if such court finds such | 7 |
| appeal or
petition to be frivolous, shall pay reasonable | 8 |
| attorneys' fees and costs to
the successful party as determined | 9 |
| by said court in its discretion. If said
court's decision | 10 |
| affirms the award of money, such award, if retroactive,
shall | 11 |
| bear interest at the rate of 12 percent per annum from the | 12 |
| effective
retroactive date.
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| (l) During the pendency of proceedings before the | 14 |
| arbitration panel,
existing wages, hours, and other conditions | 15 |
| of employment shall not be
changed by action of either party | 16 |
| without the consent of the other but a
party may so consent | 17 |
| without prejudice to his rights or position under
this Act. The | 18 |
| proceedings are deemed to be pending before the arbitration
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| panel upon the initiation of arbitration procedures under this | 20 |
| Act.
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| (m) Security officers of public employers, and Peace | 22 |
| Officers, Fire
Fighters and fire department and fire protection | 23 |
| district paramedics,
covered by this Section may not withhold | 24 |
| services, nor may public employers
lock out or prevent such | 25 |
| employees from performing services at any time.
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| (n) All of the terms decided upon by the arbitration panel | 27 |
| shall be included
in an agreement to be submitted to the public | 28 |
| employer's governing body
for ratification and adoption by law, | 29 |
| ordinance or the equivalent
appropriate means.
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| The governing body shall review each term decided by the | 31 |
| arbitration panel.
If the governing body fails to reject one or | 32 |
| more terms of the
arbitration panel's decision by a 3/5 vote of | 33 |
| those duly elected and
qualified members of the governing body, | 34 |
| within 20 days of issuance, or
in the case of firefighters | 35 |
| employed by a state university, at the next
regularly scheduled | 36 |
| meeting of the governing body after issuance, such
term or |
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| terms shall become a part of the collective bargaining | 2 |
| agreement of
the parties. If the governing body affirmatively | 3 |
| rejects one or more terms
of the arbitration panel's decision, | 4 |
| it must provide reasons for such
rejection with respect to each | 5 |
| term so rejected, within 20 days of such
rejection and the | 6 |
| parties shall return to the arbitration panel
for further | 7 |
| proceedings and issuance of a supplemental decision with | 8 |
| respect
to the rejected terms. Any supplemental decision by an | 9 |
| arbitration panel
or other decision maker agreed to by the | 10 |
| parties shall be submitted to
the governing body for | 11 |
| ratification and adoption in accordance with the
procedures and | 12 |
| voting requirements set forth in this Section.
The voting | 13 |
| requirements of this subsection shall apply to all disputes
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| submitted to arbitration pursuant to this Section | 15 |
| notwithstanding any
contrary voting requirements contained in | 16 |
| any existing collective
bargaining agreement between the | 17 |
| parties.
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| (o) If the governing body of the employer votes to reject | 19 |
| the panel's
decision, the parties shall return to the panel | 20 |
| within 30 days from the
issuance of the reasons for rejection | 21 |
| for further proceedings and issuance
of a supplemental | 22 |
| decision. All reasonable costs of such supplemental
proceeding | 23 |
| including the exclusive representative's reasonable attorney's
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| fees, as established by the Board, shall be paid by the | 25 |
| employer.
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| (p) Notwithstanding the provisions of this Section the | 27 |
| employer and
exclusive representative may agree to submit | 28 |
| unresolved disputes concerning
wages, hours, terms and | 29 |
| conditions of employment to an alternative form of
impasse | 30 |
| resolution.
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| (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; | 32 |
| 90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)
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