Full Text of HB2445 96th General Assembly
HB2445enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing Sections 5, 9, and 14 as follows:
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| (5 ILCS 315/5) (from Ch. 48, par. 1605)
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| Sec. 5. Illinois Labor Relations Board; State Panel; Local | 8 |
| Panel.
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| (a) There is created the Illinois Labor Relations Board. | 10 |
| The Board shall
be comprised of 2 panels, to be known as the | 11 |
| State Panel and the Local Panel.
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| (a-5) The State Panel shall have jurisdiction over | 13 |
| collective bargaining
matters between employee organizations | 14 |
| and the State of Illinois, excluding the
General Assembly of | 15 |
| the State of Illinois, between employee organizations and
units | 16 |
| of local government and school districts with a population not | 17 |
| in excess
of 2 million persons, and between employee | 18 |
| organizations and the Regional
Transportation Authority.
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| The State Panel shall consist of 5 members appointed by the | 20 |
| Governor, with
the advice and consent of the Senate. The | 21 |
| Governor shall appoint to the State
Panel only persons who have | 22 |
| had a minimum of 5 years of experience directly
related to | 23 |
| labor and employment relations in representing public |
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| employers,
private employers or labor organizations; or | 2 |
| teaching labor or employment
relations; or administering | 3 |
| executive orders or regulations applicable to labor
or | 4 |
| employment relations. At the time of his or her appointment, | 5 |
| each member of
the State Panel shall be an Illinois resident. | 6 |
| The Governor shall designate
one member to serve as the | 7 |
| Chairman of the State Panel and the Board.
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| Notwithstanding any other provision of this Section, the | 9 |
| term of each
member of the State Panel who was appointed by the | 10 |
| Governor and is in office
on June 30, 2003 shall terminate at | 11 |
| the close of business on that date or when
all of the successor | 12 |
| members to be appointed pursuant to this amendatory Act
of the | 13 |
| 93rd General Assembly have been appointed by the Governor, | 14 |
| whichever
occurs later. As soon as possible, the Governor shall | 15 |
| appoint persons to
fill the vacancies created by this | 16 |
| amendatory Act.
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| The initial appointments under this amendatory Act of the | 18 |
| 93rd
General Assembly shall be for terms as follows: The | 19 |
| Chairman shall initially
be appointed for a term ending on the | 20 |
| 4th Monday in January, 2007;
2 members shall be initially | 21 |
| appointed for terms ending on the 4th Monday in
January, 2006; | 22 |
| one member shall be initially appointed for a term
ending on | 23 |
| the 4th Monday in January, 2005; and one member shall be
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| initially appointed for a term ending on the 4th Monday in | 25 |
| January, 2004. Each
subsequent member shall be appointed for a | 26 |
| term of 4 years, commencing on the
4th Monday in January. Upon |
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| expiration of the term of office of any appointive
member, that | 2 |
| member shall continue to serve until a successor shall be
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| appointed and qualified. In case of a vacancy, a successor | 4 |
| shall be appointed
to serve for the unexpired portion of the | 5 |
| term. If the Senate is not in
session at the time the initial | 6 |
| appointments are made, the Governor
shall make temporary | 7 |
| appointments in the same manner successors are appointed
to | 8 |
| fill vacancies. A temporary appointment shall remain in effect | 9 |
| no longer
than 20 calendar days after the commencement of the | 10 |
| next Senate session.
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| (b) The Local Panel shall have jurisdiction over collective | 12 |
| bargaining
agreement matters between employee organizations | 13 |
| and units of local government
with a population in excess of 2 | 14 |
| million persons, but excluding the Regional
Transportation | 15 |
| Authority.
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| The Local Panel shall consist of one person appointed by | 17 |
| the Governor with
the advice and consent of the Senate (or, if | 18 |
| no such person is appointed, the
Chairman of the State Panel) | 19 |
| and two additional members, one appointed by the
Mayor of the | 20 |
| City of Chicago and one appointed by the President of the Cook
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| County Board of Commissioners. Appointees to the Local Panel | 22 |
| must have had a
minimum of 5 years of experience directly | 23 |
| related to labor and employment
relations in representing | 24 |
| public employers, private employers or labor
organizations; or | 25 |
| teaching labor or employment relations; or administering
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| executive orders or regulations applicable to labor or |
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| employment relations.
Each member of the Local Panel shall be | 2 |
| an Illinois resident at the time of
his or her appointment. The | 3 |
| member appointed by the Governor (or, if no such
person is | 4 |
| appointed, the Chairman of the State Panel) shall serve as the
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| Chairman of the Local Panel.
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| Notwithstanding any other provision of this Section, the | 7 |
| term of the
member of the Local Panel who was appointed by the | 8 |
| Governor and is in office
on June 30, 2003 shall terminate at | 9 |
| the close of business on that date or when
his or her successor | 10 |
| has been appointed by the Governor, whichever occurs
later. As | 11 |
| soon as possible, the Governor shall appoint a person to fill | 12 |
| the
vacancy created by this amendatory Act. The initial | 13 |
| appointment under this
amendatory Act of the 93rd General | 14 |
| Assembly shall be for a term ending on the
4th Monday in | 15 |
| January, 2007.
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| The initial appointments under this amendatory Act of the | 17 |
| 91st General
Assembly shall be for terms as follows: The member | 18 |
| appointed by the Governor
shall initially be appointed for a | 19 |
| term ending on the 4th Monday in January,
2001; the member | 20 |
| appointed by the President of the Cook County Board shall be
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| initially appointed for a term ending on the 4th Monday in | 22 |
| January, 2003; and
the member appointed by the Mayor of the | 23 |
| City of Chicago shall be initially
appointed for a term ending | 24 |
| on the 4th Monday in January, 2004. Each
subsequent member | 25 |
| shall be appointed for a term of 4 years, commencing
on the 4th | 26 |
| Monday in January. Upon expiration of the term of office of any
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| appointive member, the member shall continue to serve until a | 2 |
| successor shall
be appointed and qualified. In the case of a | 3 |
| vacancy, a successor shall be
appointed by the applicable | 4 |
| appointive authority to serve for the unexpired
portion of the | 5 |
| term.
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| (c) Three members of the State Panel shall at all times | 7 |
| constitute
a quorum. Two members of the Local Panel shall at | 8 |
| all times constitute a
quorum. A vacancy on a panel does not | 9 |
| impair the right of the remaining
members to exercise all of | 10 |
| the powers of that panel. Each panel shall adopt an
official | 11 |
| seal which shall be judicially noticed. The salary of the | 12 |
| Chairman of
the State Panel shall be $82,429 per year, or as | 13 |
| set by the Compensation Review
Board, whichever is greater, and | 14 |
| that of the other members of the State and
Local Panels shall | 15 |
| be $74,188 per year, or as set by the Compensation Review
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| Board, whichever is greater.
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| (d) Each member shall devote his or her entire time to the | 18 |
| duties of
the office, and shall hold no other office or | 19 |
| position of profit, nor engage
in any other business, | 20 |
| employment, or vocation.
No member shall hold any other public | 21 |
| office or be employed as a labor
or management representative | 22 |
| by the State or any political subdivision of
the State or of | 23 |
| any department or agency thereof, or actively represent or act
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| on behalf of an employer or an employee organization or an | 25 |
| employer in labor
relations matters. Any member of the State | 26 |
| Panel may be removed
from office by the Governor for |
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| inefficiency,
neglect of duty, misconduct or malfeasance in | 2 |
| office, and for no other cause,
and only upon notice and | 3 |
| hearing. Any member of the Local Panel
may be removed from | 4 |
| office by the applicable appointive authority for
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| inefficiency, neglect of duty, misconduct or malfeasance in | 6 |
| office, and for no
other cause, and only upon notice and | 7 |
| hearing.
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| (e) Each panel at the end of every State fiscal
year shall | 9 |
| make a report in writing to the Governor and the General | 10 |
| Assembly,
stating in detail the work it has done in hearing and | 11 |
| deciding cases and
otherwise.
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| (f) In order to accomplish the objectives and carry out the | 13 |
| duties
prescribed by this Act, a panel or its
authorized | 14 |
| designees may hold elections to determine whether a labor
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| organization has majority status; investigate and attempt to | 16 |
| resolve or settle
charges of unfair labor practices; hold | 17 |
| hearings in order to carry out its
functions; develop and | 18 |
| effectuate appropriate impasse resolution procedures for
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| purposes of resolving labor disputes; require the appearance of | 20 |
| witnesses and
the production of evidence on any matter under | 21 |
| inquiry; and administer oaths
and affirmations. The panels | 22 |
| shall sign and report in
full an opinion in every case which | 23 |
| they decide.
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| (g) Each panel may appoint or employ an executive
director, | 25 |
| attorneys, hearing officers, mediators, fact-finders, | 26 |
| arbitrators,
and such other employees as it may deem necessary |
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| to perform
its functions. The governing boards shall prescribe | 2 |
| the duties
and qualifications of such persons appointed and, | 3 |
| subject to the annual
appropriation, fix their compensation and | 4 |
| provide for reimbursement of actual
and necessary expenses | 5 |
| incurred in the performance of their duties. The Board shall | 6 |
| employ a minimum of 16 attorneys and 6 investigators.
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| (h) Each panel shall exercise general supervision
over all | 8 |
| attorneys which it employs and over the other persons employed | 9 |
| to
provide necessary support services for such attorneys. The | 10 |
| panels shall have final authority in respect to complaints
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| brought pursuant to this Act.
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| (i) The following rules and regulations shall be adopted by | 13 |
| the panels meeting in joint session: (1) procedural rules and
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| regulations which shall govern all Board proceedings; (2) | 15 |
| procedures for
election of exclusive bargaining | 16 |
| representatives pursuant to Section 9, except
for the | 17 |
| determination of appropriate bargaining units; and (3) | 18 |
| appointment
of counsel pursuant to subsection (k) of this | 19 |
| Section.
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| (j) Rules and regulations may be adopted, amended or | 21 |
| rescinded only
upon a vote of 5 of the members of the State and | 22 |
| Local Panels meeting
in joint session. The adoption,
amendment | 23 |
| or rescission of rules and regulations shall be in conformity | 24 |
| with
the requirements of the Illinois Administrative Procedure | 25 |
| Act.
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| (k) The panels in joint session shall promulgate
rules and |
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| regulations providing for the appointment of attorneys or other | 2 |
| Board
representatives to represent persons in unfair labor | 3 |
| practice proceedings
before a panel. The regulations governing | 4 |
| appointment
shall require the applicant to demonstrate an | 5 |
| inability to pay for or inability
to otherwise provide for | 6 |
| adequate representation before a panel. Such rules
must also | 7 |
| provide: (1) that an attorney may not be
appointed in cases | 8 |
| which, in the opinion of a panel, are clearly
without merit; | 9 |
| (2) the stage of the unfair labor proceeding at which counsel
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| will be appointed; and (3) the circumstances under which a | 11 |
| client will be
allowed to select counsel.
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| (1) The panels in joint session may promulgate
rules and | 13 |
| regulations which allow parties in proceedings before a panel | 14 |
| to be represented by counsel or any other representative
of the | 15 |
| party's choice.
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| (m) The Chairman of the State Panel shall serve
as Chairman | 17 |
| of a joint session of the panels.
Attendance of at least 2 | 18 |
| members of the State Panel and at least one
member of the Local | 19 |
| Panel, in addition to
the Chairman, shall constitute a quorum | 20 |
| at a joint session. The panels shall
meet in joint session at | 21 |
| least annually.
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| (Source: P.A. 93-509, eff. 8-11-03.)
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| (5 ILCS 315/9) (from Ch. 48, par. 1609)
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| Sec. 9. Elections; recognition.
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| (a) Whenever in accordance with such
regulations as may be |
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| prescribed by the Board a petition has been filed:
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| (1) by a public employee or group of public employees | 3 |
| or any labor
organization acting in their behalf | 4 |
| demonstrating that 30% of the public
employees in an | 5 |
| appropriate unit (A) wish to be represented for the
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| purposes of collective bargaining by a labor organization | 7 |
| as exclusive
representative, or (B) asserting that the | 8 |
| labor organization which has been
certified or is currently | 9 |
| recognized by the public employer as bargaining
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| representative is no longer the representative of the | 11 |
| majority of public
employees in the unit; or
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| (2) by a public employer alleging that one or more | 13 |
| labor organizations
have presented to it a claim that they | 14 |
| be recognized as the representative
of a majority of the | 15 |
| public employees in an appropriate unit,
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| the Board
shall investigate such petition, and if it has | 17 |
| reasonable cause to believe
that a question of representation | 18 |
| exists, shall provide for an appropriate
hearing upon due | 19 |
| notice. Such hearing shall be held at the offices of
the Board | 20 |
| or such other location as the Board deems appropriate.
If it | 21 |
| finds upon the record of the hearing that a question of
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| representation exists, it shall direct an election in | 23 |
| accordance with
subsection (d) of this Section, which election | 24 |
| shall be held not later than
120 days after the date the | 25 |
| petition was filed regardless of whether that
petition was | 26 |
| filed before or after the effective date of this amendatory
Act |
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| of 1987; provided, however, the Board may extend the time for | 2 |
| holding an
election by an additional 60 days if, upon motion by | 3 |
| a person who has filed
a petition under this Section or is the | 4 |
| subject of a petition filed under
this Section and is a party | 5 |
| to such hearing, or upon the Board's own
motion, the Board | 6 |
| finds that good cause has been shown for extending the
election | 7 |
| date; provided further, that nothing in this Section shall | 8 |
| prohibit
the Board, in its discretion, from extending the time | 9 |
| for holding an
election for so long as may be necessary under | 10 |
| the circumstances, where the
purpose for such extension is to | 11 |
| permit resolution by the Board of an
unfair labor practice | 12 |
| charge filed by one of the parties to a
representational | 13 |
| proceeding against the other based upon conduct which may
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| either affect the existence of a question concerning | 15 |
| representation or have
a tendency to interfere with a fair and | 16 |
| free election, where the party
filing the charge has not filed | 17 |
| a request to proceed with the election; and
provided further | 18 |
| that prior to the expiration of the total time allotted
for | 19 |
| holding an election, a person who has filed a petition under | 20 |
| this
Section or is the subject of a petition filed under this | 21 |
| Section and is a
party to such hearing or the Board, may move | 22 |
| for and obtain the entry
of an order in the circuit court of | 23 |
| the county in which the majority of the
public employees sought | 24 |
| to be represented by such person reside, such order
extending | 25 |
| the date upon which the election shall be held. Such order | 26 |
| shall
be issued by the circuit court only upon a judicial |
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| finding that there has
been a sufficient showing that there is | 2 |
| good cause to extend the election
date beyond such period and | 3 |
| shall require the Board to hold the
election as soon as is | 4 |
| feasible given the totality of the circumstances.
Such 120 day | 5 |
| period may be extended one or more times by the agreement
of | 6 |
| all parties to the hearing to a date certain without the | 7 |
| necessity of
obtaining a court order. Nothing in this Section | 8 |
| prohibits the waiving
of hearings by stipulation for the | 9 |
| purpose of a consent election in conformity
with the rules and | 10 |
| regulations of the Board or an election in a unit agreed
upon | 11 |
| by the parties. Other interested employee organizations may | 12 |
| intervene
in the proceedings in the manner and within the time | 13 |
| period specified by
rules and regulations of the Board. | 14 |
| Interested parties who are necessary
to the proceedings may | 15 |
| also intervene in the proceedings in the manner and
within the | 16 |
| time period specified by the rules and regulations of the | 17 |
| Board.
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| (a-5) The Board shall designate an exclusive | 19 |
| representative for purposes
of
collective bargaining when the | 20 |
| representative demonstrates a showing of
majority interest by | 21 |
| employees in the unit. If the parties to a dispute are
without
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| agreement on the means to ascertain the choice, if any, of | 23 |
| employee
organization
as their representative, the Board shall | 24 |
| ascertain the employees' choice of
employee organization, on | 25 |
| the basis of dues deduction authorization or and other
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| evidence, or, if necessary, by conducting an election. All |
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| evidence submitted by an employee organization to the Board to | 2 |
| ascertain an employee's choice of an employee organization is | 3 |
| confidential and shall not be submitted to the employer for | 4 |
| review. The Board shall ascertain the employee's choice of | 5 |
| employee organization within 120 days after the filing of the | 6 |
| majority interest petition; however, the Board may extend time | 7 |
| by an additional 60 days, upon its own motion or upon the | 8 |
| motion of a party to the proceeding. If either party provides
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| to the Board, before the designation of a representative, clear | 10 |
| and convincing
evidence that the dues deduction | 11 |
| authorizations, and other evidence upon which
the Board would | 12 |
| otherwise rely to ascertain the employees' choice of
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| representative, are fraudulent or were obtained through | 14 |
| coercion, the Board
shall promptly thereafter conduct an | 15 |
| election. The Board shall also investigate
and consider a | 16 |
| party's allegations that the dues deduction authorizations and
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| other evidence submitted in support of a designation of | 18 |
| representative without
an election were subsequently changed, | 19 |
| altered, withdrawn, or withheld as a
result of employer fraud, | 20 |
| coercion, or any other unfair labor practice by the
employer. | 21 |
| If the Board determines that a labor organization would have | 22 |
| had a
majority interest but for an employer's fraud, coercion, | 23 |
| or unfair labor
practice, it shall designate the labor | 24 |
| organization as an exclusive
representative without conducting | 25 |
| an
election. If a hearing is necessary to resolve any issues of | 26 |
| representation under this Section, the Board shall conclude its |
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| hearing process and issue a certification of the entire | 2 |
| appropriate unit not later than 120 days after the date the | 3 |
| petition was filed. The 120-day period may be extended one or | 4 |
| more times by the agreement of all parties to a hearing to a | 5 |
| date certain.
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| (a-6) A labor organization or an employer may file a unit | 7 |
| clarification petition seeking to clarify an existing | 8 |
| bargaining unit. The Board shall conclude its investigation, | 9 |
| including any hearing process deemed necessary, and issue a | 10 |
| certification of clarified unit or dismiss the petition not | 11 |
| later than 120 days after the date the petition was filed. The | 12 |
| 120-day period may be extended one or more times by the | 13 |
| agreement of all parties to a hearing to a date certain. | 14 |
| (b) The Board shall decide in each case, in order to assure | 15 |
| public employees
the fullest freedom in exercising the rights | 16 |
| guaranteed by this Act, a unit
appropriate for the purpose of | 17 |
| collective bargaining, based upon but not
limited to such | 18 |
| factors as: historical pattern of recognition; community
of | 19 |
| interest including employee skills and functions; degree of | 20 |
| functional
integration; interchangeability and contact among | 21 |
| employees; fragmentation
of employee groups; common | 22 |
| supervision, wages, hours and other working
conditions of the | 23 |
| employees involved; and the desires of the employees.
For | 24 |
| purposes of this subsection, fragmentation shall not be the | 25 |
| sole or
predominant factor used by the Board in determining an | 26 |
| appropriate
bargaining unit. Except with respect to non-State |
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| fire fighters and
paramedics employed by fire departments and | 2 |
| fire protection districts,
non-State peace officers and peace | 3 |
| officers in the State
Department of State Police, a single | 4 |
| bargaining unit determined by the
Board may not include both | 5 |
| supervisors and nonsupervisors, except for
bargaining units in | 6 |
| existence on the effective date of this Act. With
respect to | 7 |
| non-State fire fighters and paramedics employed by fire
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| departments and fire protection districts, non-State peace | 9 |
| officers and
peace officers in the State Department of State | 10 |
| Police, a single bargaining
unit determined by the Board may | 11 |
| not include both supervisors and
nonsupervisors, except for | 12 |
| bargaining units in existence on the effective
date of this | 13 |
| amendatory Act of 1985.
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| In cases involving an historical pattern of recognition, | 15 |
| and in cases where
the employer has recognized the union as the | 16 |
| sole and exclusive bargaining
agent for a specified existing | 17 |
| unit, the Board shall find the employees
in the unit then | 18 |
| represented by the union pursuant to the recognition to
be the | 19 |
| appropriate unit.
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| Notwithstanding the above factors, where the majority of | 21 |
| public employees
of a craft so decide, the Board shall | 22 |
| designate such craft as a unit
appropriate for the purposes of | 23 |
| collective bargaining.
| 24 |
| The Board shall not decide that any unit is appropriate if | 25 |
| such unit
includes both professional and nonprofessional | 26 |
| employees, unless a majority
of each group votes for inclusion |
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| in such unit.
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| (c) Nothing in this Act shall interfere with or negate the | 3 |
| current
representation rights or patterns and practices of | 4 |
| labor organizations
which have historically represented public | 5 |
| employees for the purpose of
collective bargaining, including | 6 |
| but not limited to the negotiations of
wages, hours and working | 7 |
| conditions, discussions of employees' grievances,
resolution | 8 |
| of jurisdictional disputes, or the establishment and | 9 |
| maintenance
of prevailing wage rates, unless a majority of | 10 |
| employees so represented
express a contrary desire pursuant to | 11 |
| the procedures set forth in this Act.
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| (d) In instances where the employer does not voluntarily | 13 |
| recognize a labor
organization as the exclusive bargaining | 14 |
| representative for a unit of
employees, the Board shall | 15 |
| determine the majority representative of the
public employees | 16 |
| in an appropriate collective bargaining unit by conducting
a | 17 |
| secret ballot election, except as otherwise provided in | 18 |
| subsection (a-5).
Within 7 days after the Board issues its
| 19 |
| bargaining unit determination and direction of election or the | 20 |
| execution of
a stipulation for the purpose of a consent | 21 |
| election, the public employer
shall submit to the labor | 22 |
| organization the complete names and addresses of
those | 23 |
| employees who are determined by the Board to be eligible to
| 24 |
| participate in the election. When the Board has determined that | 25 |
| a labor
organization has been fairly and freely chosen by a | 26 |
| majority of employees
in an appropriate unit, it shall certify |
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| such organization as the exclusive
representative. If the Board | 2 |
| determines that a majority of employees in an
appropriate unit | 3 |
| has fairly and freely chosen not to be represented by a
labor | 4 |
| organization, it shall so certify. The Board may also revoke | 5 |
| the
certification of the public employee organizations as | 6 |
| exclusive bargaining
representatives which have been found by a | 7 |
| secret ballot election to be no
longer the majority | 8 |
| representative.
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| (e) The Board shall not conduct an election in any | 10 |
| bargaining unit or
any subdivision thereof within which a valid | 11 |
| election has been held in the
preceding 12-month period. The | 12 |
| Board shall determine who is eligible to
vote in an election | 13 |
| and shall establish rules governing the conduct of the
election | 14 |
| or conduct affecting the results of the election. The Board | 15 |
| shall
include on a ballot in a representation election a choice | 16 |
| of "no
representation". A labor organization currently | 17 |
| representing the bargaining
unit of employees shall be placed | 18 |
| on the ballot in any representation
election. In any election | 19 |
| where none of the choices on the ballot receives
a majority, a | 20 |
| runoff election shall be conducted between the 2 choices
| 21 |
| receiving the largest number of valid votes cast in the | 22 |
| election. A labor
organization which receives a majority of the | 23 |
| votes cast in an election
shall be certified by the Board as | 24 |
| exclusive representative of all public
employees in the unit.
| 25 |
| (f) A labor
organization shall be designated as the | 26 |
| exclusive representative by a
public employer, provided that |
|
|
|
HB2445 Enrolled |
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LRB096 04695 JAM 14757 b |
|
| 1 |
| the labor
organization represents a majority of the public | 2 |
| employees in an
appropriate unit. Any employee organization | 3 |
| which is designated or selected
by the majority of public | 4 |
| employees, in a unit of the public employer
having no other | 5 |
| recognized or certified representative, as their
| 6 |
| representative for purposes of collective bargaining may | 7 |
| request
recognition by the public employer in writing. The | 8 |
| public employer shall
post such request for a period of at | 9 |
| least 20 days following its receipt
thereof on bulletin boards | 10 |
| or other places used or reserved for employee
notices.
| 11 |
| (g) Within the 20-day period any other interested employee | 12 |
| organization
may petition the Board in the manner specified by | 13 |
| rules and regulations
of the Board, provided that such | 14 |
| interested employee organization has been
designated by at | 15 |
| least 10% of the employees in an appropriate bargaining
unit | 16 |
| which includes all or some of the employees in the unit | 17 |
| recognized
by the employer. In such event, the Board shall | 18 |
| proceed with the petition
in the same manner as provided by | 19 |
| paragraph (1) of subsection (a) of this
Section.
| 20 |
| (h) No election shall be directed by the Board in any | 21 |
| bargaining unit
where there is in force a valid collective | 22 |
| bargaining agreement. The Board,
however, may process an | 23 |
| election petition filed between 90 and 60 days prior
to the | 24 |
| expiration of the date of an agreement, and may further refine, | 25 |
| by
rule or decision, the implementation of this provision.
| 26 |
| Where more than 4 years have elapsed since the effective date |
|
|
|
HB2445 Enrolled |
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LRB096 04695 JAM 14757 b |
|
| 1 |
| of the agreement,
the agreement shall continue to bar an | 2 |
| election, except that the Board may
process an election | 3 |
| petition filed between 90 and 60 days prior to the end of
the | 4 |
| fifth year of such an agreement, and between 90 and 60 days | 5 |
| prior to the
end of each successive year of such agreement.
| 6 |
| (i) An order of the Board dismissing a representation | 7 |
| petition,
determining and certifying that a labor organization | 8 |
| has been fairly and
freely chosen by a majority of employees in | 9 |
| an appropriate bargaining unit,
determining and certifying | 10 |
| that a labor organization has not been fairly
and freely chosen | 11 |
| by a majority of employees in the bargaining unit or
certifying | 12 |
| a labor organization as the exclusive representative of
| 13 |
| employees in an appropriate bargaining unit because of a | 14 |
| determination by
the Board that the labor organization is the | 15 |
| historical bargaining
representative of employees in the | 16 |
| bargaining unit, is a final order. Any
person aggrieved by any | 17 |
| such order issued on or after the effective date of
this | 18 |
| amendatory Act of 1987 may apply for and obtain judicial review | 19 |
| in
accordance with provisions of the Administrative Review Law, | 20 |
| as now or
hereafter amended, except that such review shall be | 21 |
| afforded directly in
the Appellate Court for the district in | 22 |
| which the aggrieved party resides
or transacts business.
Any | 23 |
| direct appeal to the Appellate Court shall be filed within 35 | 24 |
| days from
the date that a copy of the decision sought to be | 25 |
| reviewed was served upon the
party affected by the decision.
| 26 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|
|
|
|
HB2445 Enrolled |
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LRB096 04695 JAM 14757 b |
|
| 1 |
| (5 ILCS 315/14) (from Ch. 48, par. 1614)
| 2 |
| Sec. 14. Security Employee, Peace Officer and Fire Fighter | 3 |
| Disputes.
| 4 |
| (a) In the case of collective bargaining agreements | 5 |
| involving units of
security employees of a public employer, | 6 |
| Peace Officer Units, or units of
fire fighters or paramedics, | 7 |
| and in the case of disputes under Section 18,
unless the | 8 |
| parties mutually agree to some other time limit, mediation
| 9 |
| shall commence 30 days prior to the expiration date of such | 10 |
| agreement or
at such later time as the mediation services | 11 |
| chosen under subsection (b) of
Section 12 can be provided to | 12 |
| the parties. In the case of negotiations
for an initial | 13 |
| collective bargaining agreement, mediation shall commence
upon | 14 |
| 15 days notice from either party or at such later time as the
| 15 |
| mediation services chosen pursuant to subsection (b) of Section | 16 |
| 12 can be
provided to the parties. In mediation under this | 17 |
| Section, if either party
requests the use of mediation services | 18 |
| from the Federal Mediation and
Conciliation Service, the other | 19 |
| party shall either join in such request or
bear the additional | 20 |
| cost of mediation services from another source. The
mediator | 21 |
| shall have a duty to keep the Board informed on the progress of
| 22 |
| the mediation. If any dispute has not been resolved within 15 | 23 |
| days after
the first meeting of the parties and the mediator, | 24 |
| or within such other
time limit as may be mutually agreed upon | 25 |
| by the parties, either the
exclusive representative or employer |
|
|
|
HB2445 Enrolled |
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LRB096 04695 JAM 14757 b |
|
| 1 |
| may request of the other, in writing,
arbitration, and shall | 2 |
| submit a copy of the request to the Board.
| 3 |
| (b) Within 10 days after such a request for arbitration has | 4 |
| been
made, the employer shall choose a delegate and
the | 5 |
| employees' exclusive representative shall choose a delegate to | 6 |
| a panel
of arbitration as provided in this Section. The | 7 |
| employer and employees
shall forthwith advise the other and the | 8 |
| Board of their selections.
| 9 |
| (c) Within 7 days after the request of either party, the | 10 |
| parties shall request a panel of impartial arbitrators from | 11 |
| which they shall select the neutral chairman according to the | 12 |
| procedures provided in this Section. If the parties have agreed | 13 |
| to a contract that contains a grievance resolution procedure as | 14 |
| provided in Section 8, the chairman shall be selected using | 15 |
| their agreed contract procedure unless they mutually agree to | 16 |
| another procedure. If the parties fail to notify the Board of | 17 |
| their selection of neutral chairman within 7 days after receipt | 18 |
| of the list of impartial arbitrators, the Board shall appoint, | 19 |
| at random, a neutral chairman from the list. In the absence of | 20 |
| an agreed contract procedure for selecting an impartial | 21 |
| arbitrator, either party may request a panel from the Board. | 22 |
| Within 7 days of the request of either party, the Board shall | 23 |
| select
from the Public Employees Labor Mediation Roster 7 | 24 |
| persons who are on the
labor arbitration panels of either the | 25 |
| American Arbitration Association or
the Federal Mediation and | 26 |
| Conciliation Service, or who are members of the
National |
|
|
|
HB2445 Enrolled |
- 21 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| Academy of Arbitrators, as nominees for
impartial arbitrator of | 2 |
| the arbitration panel. The parties may select an
individual on | 3 |
| the list provided by the Board or any other individual
mutually | 4 |
| agreed upon by the parties. Within 7 days following the receipt
| 5 |
| of the list, the parties shall notify the Board of the person | 6 |
| they have
selected. Unless the parties agree on an alternate | 7 |
| selection procedure,
they shall alternatively strike one name | 8 |
| from the list provided by the
Board until only one name | 9 |
| remains. A coin toss shall determine which party
shall strike | 10 |
| the first name. If the parties fail to notify the Board in a
| 11 |
| timely manner of their selection for neutral chairman, the | 12 |
| Board shall
appoint a neutral chairman from the Illinois Public | 13 |
| Employees
Mediation/Arbitration Roster.
| 14 |
| (d) The chairman shall call a hearing to begin within 15 | 15 |
| days and give
reasonable notice of the time and place of the | 16 |
| hearing. The hearing
shall be held at the offices of the Board | 17 |
| or at such other location as the
Board deems appropriate. The | 18 |
| chairman shall preside over the hearing and
shall take | 19 |
| testimony. Any oral or documentary evidence and other data
| 20 |
| deemed relevant by the arbitration panel may be received in | 21 |
| evidence. The
proceedings shall be informal. Technical rules of | 22 |
| evidence shall not apply
and the competency of the evidence | 23 |
| shall not thereby be deemed impaired. A
verbatim record of the | 24 |
| proceedings shall be made and the arbitrator shall
arrange for | 25 |
| the necessary recording service. Transcripts may be ordered at
| 26 |
| the expense of the party ordering them, but the transcripts |
|
|
|
HB2445 Enrolled |
- 22 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| shall not be
necessary for a decision by the arbitration panel. | 2 |
| The expense of the
proceedings, including a fee for the | 3 |
| chairman, established in advance by
the Board, shall be borne | 4 |
| equally by each of the parties to the dispute.
The delegates, | 5 |
| if public officers or employees, shall continue on the
payroll | 6 |
| of the public employer without loss of pay. The hearing | 7 |
| conducted
by the arbitration panel may be adjourned from time | 8 |
| to time, but unless
otherwise agreed by the parties, shall be | 9 |
| concluded within 30 days of the
time of its commencement. | 10 |
| Majority actions and rulings shall constitute
the actions and | 11 |
| rulings of the arbitration panel. Arbitration proceedings
| 12 |
| under this Section shall not be interrupted or terminated by | 13 |
| reason of any
unfair labor practice charge filed by either | 14 |
| party at any time.
| 15 |
| (e) The arbitration panel may administer oaths, require the | 16 |
| attendance
of witnesses, and the production of such books, | 17 |
| papers, contracts, agreements
and documents as may be deemed by | 18 |
| it material to a just determination of
the issues in dispute, | 19 |
| and for such purpose may issue subpoenas. If any
person refuses | 20 |
| to obey a subpoena, or refuses to be sworn or to testify,
or if | 21 |
| any witness, party or attorney is guilty of any contempt while | 22 |
| in
attendance at any hearing, the arbitration panel may, or the | 23 |
| attorney general
if requested shall, invoke the aid of any | 24 |
| circuit court within the jurisdiction
in which the hearing is | 25 |
| being held, which court shall issue an appropriate
order. Any | 26 |
| failure to obey the order may be punished by the court as |
|
|
|
HB2445 Enrolled |
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LRB096 04695 JAM 14757 b |
|
| 1 |
| contempt.
| 2 |
| (f) At any time before the rendering of an award, the | 3 |
| chairman of the
arbitration panel, if he is of the opinion that | 4 |
| it would be useful or
beneficial to do so, may remand the | 5 |
| dispute to the parties for further
collective bargaining for a | 6 |
| period not to exceed 2 weeks. If the dispute
is remanded for | 7 |
| further collective bargaining the time provisions of this
Act | 8 |
| shall be extended for a time period equal to that of the | 9 |
| remand. The
chairman of the panel of arbitration shall notify | 10 |
| the Board of the remand.
| 11 |
| (g) At or before the conclusion of the hearing held | 12 |
| pursuant to subsection
(d), the arbitration panel shall | 13 |
| identify the economic issues in dispute,
and direct each of the | 14 |
| parties to submit, within such time limit as the
panel shall | 15 |
| prescribe, to the arbitration panel and to each other its last
| 16 |
| offer of settlement on each economic issue. The determination | 17 |
| of the
arbitration panel as to the issues in dispute and as to | 18 |
| which of these
issues are economic shall be conclusive. The | 19 |
| arbitration panel, within 30
days after the conclusion of the | 20 |
| hearing, or such further additional
periods to which the | 21 |
| parties may agree, shall make written findings of fact
and | 22 |
| promulgate a written opinion and shall mail or otherwise | 23 |
| deliver a true
copy thereof to the parties and their | 24 |
| representatives and to the Board. As
to each economic issue, | 25 |
| the arbitration panel shall adopt the last offer of
settlement | 26 |
| which, in the opinion of the arbitration panel, more nearly
|
|
|
|
HB2445 Enrolled |
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LRB096 04695 JAM 14757 b |
|
| 1 |
| complies with the applicable factors prescribed in subsection | 2 |
| (h). The
findings, opinions and order as to all other issues | 3 |
| shall be based upon the
applicable factors prescribed in | 4 |
| subsection (h).
| 5 |
| (h) Where there is no agreement between the parties, or | 6 |
| where there is
an agreement but the parties have begun | 7 |
| negotiations or discussions looking
to a new agreement or | 8 |
| amendment of the existing agreement, and wage rates
or other | 9 |
| conditions of employment under the proposed new or amended | 10 |
| agreement
are in dispute, the arbitration panel shall base its | 11 |
| findings, opinions
and order upon the following factors, as | 12 |
| applicable:
| 13 |
| (1) The lawful authority of the employer.
| 14 |
| (2) Stipulations of the parties.
| 15 |
| (3) The interests and welfare of the public and the | 16 |
| financial ability
of the unit of government to meet those | 17 |
| costs.
| 18 |
| (4) Comparison of the wages, hours and conditions of | 19 |
| employment of the
employees involved in the arbitration | 20 |
| proceeding with the wages, hours and
conditions of | 21 |
| employment of other employees performing similar services
| 22 |
| and with other employees generally:
| 23 |
| (A) In public employment in comparable | 24 |
| communities.
| 25 |
| (B) In private employment in comparable | 26 |
| communities.
|
|
|
|
HB2445 Enrolled |
- 25 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| (5) The average consumer prices for goods and services, | 2 |
| commonly known
as the cost of living.
| 3 |
| (6) The overall compensation presently received by the | 4 |
| employees,
including
direct wage compensation, vacations, | 5 |
| holidays and other excused time, insurance
and pensions, | 6 |
| medical and hospitalization benefits, the continuity and
| 7 |
| stability of employment and all other benefits received.
| 8 |
| (7) Changes in any of the foregoing circumstances | 9 |
| during the pendency
of the arbitration proceedings.
| 10 |
| (8) Such other factors, not confined to the foregoing, | 11 |
| which are normally
or traditionally taken into | 12 |
| consideration in the determination of wages,
hours and | 13 |
| conditions of employment through voluntary collective | 14 |
| bargaining,
mediation, fact-finding, arbitration or | 15 |
| otherwise between the parties, in
the public service or in | 16 |
| private employment.
| 17 |
| (i) In the case of peace officers, the arbitration decision | 18 |
| shall be
limited to wages, hours, and conditions of employment | 19 |
| (which may include
residency requirements in municipalities | 20 |
| with a population under 1,000,000, but
those residency | 21 |
| requirements shall not allow residency outside of Illinois)
and | 22 |
| shall not include
the following: i) residency requirements in | 23 |
| municipalities with a population
of at least 1,000,000; ii) the | 24 |
| type of equipment, other
than uniforms, issued or used; iii) | 25 |
| manning; iv) the total number of
employees employed by the | 26 |
| department; v) mutual aid and assistance
agreements to other |
|
|
|
HB2445 Enrolled |
- 26 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| units of government; and vi) the criterion pursuant to
which | 2 |
| force, including deadly force, can be used; provided, nothing | 3 |
| herein
shall preclude an arbitration decision regarding | 4 |
| equipment or manning
levels if such decision is based on a | 5 |
| finding that the equipment or manning
considerations in a | 6 |
| specific work assignment involve a serious risk to the
safety | 7 |
| of a peace officer beyond that which is inherent in the normal
| 8 |
| performance of police duties. Limitation of the terms of the | 9 |
| arbitration
decision pursuant to this subsection shall not be | 10 |
| construed to limit the
factors upon which the decision may be | 11 |
| based, as set forth in subsection (h).
| 12 |
| In the case of fire fighter, and fire department or fire | 13 |
| district paramedic
matters, the arbitration decision shall be | 14 |
| limited to wages, hours, and
conditions of employment (which | 15 |
| may include residency requirements in
municipalities with a | 16 |
| population under 1,000,000, but those residency
requirements | 17 |
| shall not allow residency outside of Illinois) and shall not
| 18 |
| include the
following matters: i) residency requirements in | 19 |
| municipalities with a
population of at least 1,000,000; ii) the | 20 |
| type of equipment (other than
uniforms and fire fighter turnout | 21 |
| gear) issued or used; iii) the total
number of employees | 22 |
| employed by the department; iv) mutual aid and
assistance | 23 |
| agreements to other units of government; and v) the criterion
| 24 |
| pursuant to which force, including deadly force, can be used; | 25 |
| provided,
however, nothing herein shall preclude an | 26 |
| arbitration decision regarding
equipment levels if such |
|
|
|
HB2445 Enrolled |
- 27 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| decision is based on a finding that the equipment
| 2 |
| considerations in a specific work assignment involve a serious | 3 |
| risk to the
safety of a fire fighter beyond that which is | 4 |
| inherent in the normal
performance of fire fighter duties. | 5 |
| Limitation of the terms of the
arbitration decision pursuant to | 6 |
| this subsection shall not be construed to
limit the facts upon | 7 |
| which the decision may be based, as set forth in
subsection | 8 |
| (h).
| 9 |
| The changes to this subsection (i) made by Public Act | 10 |
| 90-385 (relating to residency requirements) do not
apply to | 11 |
| persons who are employed by a combined department that performs | 12 |
| both
police and firefighting services; these persons shall be | 13 |
| governed by the
provisions of this subsection (i) relating to | 14 |
| peace officers, as they existed
before the amendment by Public | 15 |
| Act 90-385.
| 16 |
| To preserve historical bargaining rights, this subsection | 17 |
| shall not apply
to any provision of a fire fighter collective | 18 |
| bargaining agreement in effect
and applicable on the effective | 19 |
| date of this Act; provided, however, nothing
herein shall | 20 |
| preclude arbitration with respect to any such provision.
| 21 |
| (j) Arbitration procedures shall be deemed to be initiated | 22 |
| by the
filing of a letter requesting mediation as required | 23 |
| under subsection (a)
of this Section. The commencement of a new | 24 |
| municipal fiscal year after the
initiation of arbitration | 25 |
| procedures under this Act, but before the
arbitration decision, | 26 |
| or its enforcement, shall not be deemed to render a
dispute |
|
|
|
HB2445 Enrolled |
- 28 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| moot, or to otherwise impair the jurisdiction or authority of | 2 |
| the
arbitration panel or its decision. Increases in rates
of | 3 |
| compensation awarded by the arbitration panel may be effective | 4 |
| only at
the start of the fiscal year next commencing after the | 5 |
| date of the arbitration
award. If a new fiscal year has | 6 |
| commenced either since the initiation of
arbitration | 7 |
| procedures under this Act or since any mutually agreed
| 8 |
| extension of the statutorily required period of mediation
under | 9 |
| this Act by the parties to the labor dispute causing a
delay in | 10 |
| the initiation of arbitration, the foregoing limitations shall | 11 |
| be
inapplicable, and such awarded increases may be retroactive | 12 |
| to the
commencement of the fiscal year, any other statute or | 13 |
| charter provisions to
the contrary, notwithstanding. At any | 14 |
| time the parties, by stipulation, may
amend or modify an award | 15 |
| of arbitration.
| 16 |
| (k) Orders of the arbitration panel shall be reviewable, | 17 |
| upon
appropriate petition by either the public employer or the | 18 |
| exclusive
bargaining representative, by the circuit court for | 19 |
| the county in which the
dispute arose or in which a majority of | 20 |
| the affected employees reside, but
only for reasons that the | 21 |
| arbitration panel was without or exceeded its
statutory | 22 |
| authority; the order is arbitrary, or capricious; or the order
| 23 |
| was procured by fraud, collusion or other similar and unlawful | 24 |
| means. Such
petitions for review must be filed with the | 25 |
| appropriate circuit court
within 90 days following the issuance | 26 |
| of the arbitration order. The
pendency of such proceeding for |
|
|
|
HB2445 Enrolled |
- 29 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| review shall not automatically stay the
order of the | 2 |
| arbitration panel. The party against whom the final decision
of | 3 |
| any such court shall be adverse, if such court finds such | 4 |
| appeal or
petition to be frivolous, shall pay reasonable | 5 |
| attorneys' fees and costs to
the successful party as determined | 6 |
| by said court in its discretion. If said
court's decision | 7 |
| affirms the award of money, such award, if retroactive,
shall | 8 |
| bear interest at the rate of 12 percent per annum from the | 9 |
| effective
retroactive date.
| 10 |
| (l) During the pendency of proceedings before the | 11 |
| arbitration panel,
existing wages, hours, and other conditions | 12 |
| of employment shall not be
changed by action of either party | 13 |
| without the consent of the other but a
party may so consent | 14 |
| without prejudice to his rights or position under
this Act. The | 15 |
| proceedings are deemed to be pending before the arbitration
| 16 |
| panel upon the initiation of arbitration procedures under this | 17 |
| Act.
| 18 |
| (m) Security officers of public employers, and Peace | 19 |
| Officers, Fire
Fighters and fire department and fire protection | 20 |
| district paramedics,
covered by this Section may not withhold | 21 |
| services, nor may public employers
lock out or prevent such | 22 |
| employees from performing services at any time.
| 23 |
| (n) All of the terms decided upon by the arbitration panel | 24 |
| shall be included
in an agreement to be submitted to the public | 25 |
| employer's governing body
for ratification and adoption by law, | 26 |
| ordinance or the equivalent
appropriate means.
|
|
|
|
HB2445 Enrolled |
- 30 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| The governing body shall review each term decided by the | 2 |
| arbitration panel.
If the governing body fails to reject one or | 3 |
| more terms of the
arbitration panel's decision by a 3/5 vote of | 4 |
| those duly elected and
qualified members of the governing body, | 5 |
| within 20 days of issuance, or
in the case of firefighters | 6 |
| employed by a state university, at the next
regularly scheduled | 7 |
| meeting of the governing body after issuance, such
term or | 8 |
| terms shall become a part of the collective bargaining | 9 |
| agreement of
the parties. If the governing body affirmatively | 10 |
| rejects one or more terms
of the arbitration panel's decision, | 11 |
| it must provide reasons for such
rejection with respect to each | 12 |
| term so rejected, within 20 days of such
rejection and the | 13 |
| parties shall return to the arbitration panel
for further | 14 |
| proceedings and issuance of a supplemental decision with | 15 |
| respect
to the rejected terms. Any supplemental decision by an | 16 |
| arbitration panel
or other decision maker agreed to by the | 17 |
| parties shall be submitted to
the governing body for | 18 |
| ratification and adoption in accordance with the
procedures and | 19 |
| voting requirements set forth in this Section.
The voting | 20 |
| requirements of this subsection shall apply to all disputes
| 21 |
| submitted to arbitration pursuant to this Section | 22 |
| notwithstanding any
contrary voting requirements contained in | 23 |
| any existing collective
bargaining agreement between the | 24 |
| parties.
| 25 |
| (o) If the governing body of the employer votes to reject | 26 |
| the panel's
decision, the parties shall return to the panel |
|
|
|
HB2445 Enrolled |
- 31 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| within 30 days from the
issuance of the reasons for rejection | 2 |
| for further proceedings and issuance
of a supplemental | 3 |
| decision. All reasonable costs of such supplemental
proceeding | 4 |
| including the exclusive representative's reasonable attorney's
| 5 |
| fees, as established by the Board, shall be paid by the | 6 |
| employer.
| 7 |
| (p) Notwithstanding the provisions of this Section the | 8 |
| employer and
exclusive representative may agree to submit | 9 |
| unresolved disputes concerning
wages, hours, terms and | 10 |
| conditions of employment to an alternative form of
impasse | 11 |
| resolution.
| 12 |
| (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; | 13 |
| 90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)
| 14 |
| Section 10. The Illinois Educational Labor Relations Act is | 15 |
| amended by changing Sections 5 and 7 as follows:
| 16 |
| (115 ILCS 5/5) (from Ch. 48, par. 1705)
| 17 |
| Sec. 5. Illinois Educational Labor Relations Board.
| 18 |
| (a) There is hereby created the Illinois Educational Labor | 19 |
| Relations
Board.
| 20 |
| (a-5) Until July 1, 2003 or when all of the new members to | 21 |
| be initially
appointed under this amendatory Act of the 93rd | 22 |
| General Assembly have been
appointed by the Governor, whichever | 23 |
| occurs later, the Illinois Educational
Labor Relations Board | 24 |
| shall consist of 7 members, no more
than 4 of whom may be of the |
|
|
|
HB2445 Enrolled |
- 32 - |
LRB096 04695 JAM 14757 b |
|
| 1 |
| same political party, who are residents of
Illinois appointed | 2 |
| by the Governor with the advice and consent of the Senate.
| 3 |
| The term of each appointed member of the Board
who is in | 4 |
| office on June 30, 2003 shall terminate at the close of | 5 |
| business
on that date or when all of the new members to be | 6 |
| initially appointed under
this amendatory Act of the 93rd | 7 |
| General Assembly have been appointed by the
Governor, whichever | 8 |
| occurs later.
| 9 |
| (b) Beginning on July 1, 2003 or when all of the new | 10 |
| members to be
initially appointed under this amendatory Act of | 11 |
| the 93rd General Assembly
have been appointed by the Governor, | 12 |
| whichever occurs later, the Illinois
Educational Labor | 13 |
| Relations Board shall consist of 5 members appointed by
the | 14 |
| Governor with the advice and consent of the Senate. No more | 15 |
| than 3
members may be of the same political party.
| 16 |
| The Governor shall appoint to the Board only persons who | 17 |
| are residents of
Illinois and have had a minimum of 5 years of | 18 |
| experience directly related
to labor and employment relations | 19 |
| in representing educational employers or
educational employees | 20 |
| in collective bargaining matters. One appointed member
shall be | 21 |
| designated at the time of his or her appointment to serve as | 22 |
| chairman.
| 23 |
| Of the initial members appointed pursuant to this
| 24 |
| amendatory Act of the 93rd General Assembly, 2 shall be
| 25 |
| designated at the time of appointment to serve a term of 6
| 26 |
| years, 2 shall be designated at the time of appointment to |
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| serve a term
of 4 years, and the other shall be designated at | 2 |
| the time of his or her
appointment to serve a term of 4 years, | 3 |
| with each to serve until his or her
successor is appointed and | 4 |
| qualified.
| 5 |
| Each subsequent member shall be appointed in like manner | 6 |
| for a term
of 6 years and until his or her successor is | 7 |
| appointed and qualified. Each
member of the Board is eligible | 8 |
| for reappointment. Vacancies shall be filled
in the same manner | 9 |
| as original appointments for the balance of the unexpired
term.
| 10 |
| (c) The chairman shall be paid $50,000 per year, or an | 11 |
| amount set by
the Compensation Review Board, whichever is | 12 |
| greater. Other members of
the Board shall each be paid $45,000 | 13 |
| per year, or an amount set by the
Compensation Review Board, | 14 |
| whichever is greater. They shall be entitled
to reimbursement | 15 |
| for necessary traveling and other official expenditures
| 16 |
| necessitated by their official duties.
| 17 |
| Each member shall devote his entire time to the duties of | 18 |
| the office,
and shall hold no other office or position of | 19 |
| profit, nor engage in any
other business, employment or | 20 |
| vocation.
| 21 |
| (d) Three members of the Board constitute a quorum and a
| 22 |
| vacancy on the Board does not impair the right of the remaining | 23 |
| members to
exercise all of the powers of the Board.
| 24 |
| (e) Any member of the Board may be removed by the Governor, | 25 |
| upon notice,
for neglect of duty or malfeasance in office, but | 26 |
| for no other cause.
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| (f) The Board may appoint or employ an executive director, | 2 |
| attorneys,
hearing officers, and such other employees as it | 3 |
| deems necessary to perform
its functions , except that the Board | 4 |
| shall employ a minimum of 8 attorneys and 5 investigators . The | 5 |
| Board shall prescribe the duties and qualifications of
such | 6 |
| persons appointed and, subject to the annual appropriation, fix | 7 |
| their
compensation and provide for reimbursement of actual and | 8 |
| necessary expenses
incurred in the performance of their duties.
| 9 |
| (g) The Board may promulgate rules and regulations which | 10 |
| allow parties
in proceedings before the Board to be represented | 11 |
| by counsel or any other
person knowledgeable in the matters | 12 |
| under consideration.
| 13 |
| (h) To accomplish the objectives and to carry out the | 14 |
| duties prescribed
by this Act, the Board may subpoena | 15 |
| witnesses, subpoena the production of
books, papers, records | 16 |
| and documents which may be needed as evidence on
any matter | 17 |
| under inquiry and may administer oaths and affirmations.
| 18 |
| In cases of neglect or refusal to obey a subpoena issued to | 19 |
| any person,
the circuit court in the county in which the | 20 |
| investigation or the public
hearing is taking place, upon | 21 |
| application by the Board, may issue an order
requiring such | 22 |
| person to appear before the Board or any member or agent
of the | 23 |
| Board to produce evidence or give testimony. A failure to obey | 24 |
| such
order may be punished by the court as in civil contempt.
| 25 |
| Any subpoena, notice of hearing, or other process or notice | 26 |
| of the Board
issued under the provisions of this Act may be |
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| served personally, by
registered mail or by leaving a copy at | 2 |
| the principal office of the respondent
required to be served. A | 3 |
| return, made and verified by the individual making
such service | 4 |
| and setting forth the manner of such service, is proof of
| 5 |
| service.
A post office receipt, when registered mail is used, | 6 |
| is proof of service.
All process of any court to which | 7 |
| application may be made under the provisions
of this Act may be | 8 |
| served in the county where the persons required to be
served | 9 |
| reside or may be found.
| 10 |
| (i) The Board shall adopt, promulgate, amend, or rescind | 11 |
| rules and
regulations in accordance with the Illinois | 12 |
| Administrative
Procedure Act as it deems necessary and
feasible | 13 |
| to carry out this Act.
| 14 |
| (j) The Board at the end of every State fiscal year shall | 15 |
| make a report in
writing to the Governor and the General | 16 |
| Assembly, stating in detail the work
it has done in hearing and | 17 |
| deciding cases and otherwise.
| 18 |
| (Source: P.A. 93-509, eff. 8-11-03.)
| 19 |
| (115 ILCS 5/7) (from Ch. 48, par. 1707)
| 20 |
| Sec. 7. Recognition of exclusive bargaining | 21 |
| representatives - unit
determination. The Board is empowered to | 22 |
| administer the
recognition of bargaining representatives of | 23 |
| employees of public school
districts, including employees of | 24 |
| districts which have entered into joint
agreements, or | 25 |
| employees of public community college districts, or any
State |
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| college or university, and any State agency whose major | 2 |
| function is
providing educational services, making certain | 3 |
| that each bargaining unit
contains employees with an | 4 |
| identifiable community of interest and that no unit
includes | 5 |
| both professional employees and nonprofessional employees | 6 |
| unless a
majority of employees in each group vote for inclusion | 7 |
| in the unit.
| 8 |
| (a) In determining the appropriateness of a unit, the Board
| 9 |
| shall decide in each case, in order to ensure employees the | 10 |
| fullest freedom
in exercising the rights guaranteed by this | 11 |
| Act, the unit appropriate for
the purpose of collective | 12 |
| bargaining, based upon but not limited to such
factors as | 13 |
| historical pattern of recognition, community of interest, | 14 |
| including
employee skills and functions, degree of functional | 15 |
| integration,
interchangeability and contact among employees, | 16 |
| common supervision, wages,
hours and other working conditions | 17 |
| of the employees involved, and the desires
of the employees. | 18 |
| Nothing in this Act, except as herein provided, shall
interfere | 19 |
| with or negate the
current representation rights or patterns | 20 |
| and practices of employee
organizations which have | 21 |
| historically represented employees for the purposes of
| 22 |
| collective bargaining, including but not limited to the | 23 |
| negotiations of wages,
hours and working conditions, | 24 |
| resolutions of employees' grievances, or
resolution of | 25 |
| jurisdictional disputes, or the establishment and maintenance | 26 |
| of
prevailing wage rates, unless a majority of the employees so |
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| represented
expresses a contrary desire under the procedures | 2 |
| set forth in this Act. This
Section, however, does not prohibit | 3 |
| multi-unit bargaining. Notwithstanding the
above factors, | 4 |
| where the majority of public employees of a craft so decide, | 5 |
| the
Board shall designate such craft as a unit appropriate for | 6 |
| the purposes of
collective bargaining.
| 7 |
| The sole appropriate bargaining unit for tenured and | 8 |
| tenure-track
academic faculty at
each campus
of
the
University | 9 |
| of Illinois shall be a unit that is comprised of
| 10 |
| non-supervisory academic faculty employed more than half-time | 11 |
| and
that includes all tenured and tenure-track
faculty
of that | 12 |
| University campus employed by the board of trustees in all of | 13 |
| the campus's undergraduate, graduate, and
professional
schools | 14 |
| and degree and non-degree programs
(with the exception of the | 15 |
| college of medicine, the college of pharmacy,
the college of | 16 |
| dentistry, the college of law, and the college of veterinary
| 17 |
| medicine, each of which shall have its own separate unit), | 18 |
| regardless of
current
or
historical representation rights or | 19 |
| patterns or the application of any
other factors. Any decision, | 20 |
| rule, or regulation promulgated by the
Board to the contrary | 21 |
| shall be null and void.
| 22 |
| (b) An educational employer shall voluntarily recognize a | 23 |
| labor organization
for collective bargaining purposes if that | 24 |
| organization appears to represent
a majority of employees in | 25 |
| the unit. The employer shall post notice
of its intent to so | 26 |
| recognize for a period of at least 20 school days on
bulletin |
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| boards or other places used or reserved for employee notices.
| 2 |
| Thereafter, the employer, if satisfied as to the majority | 3 |
| status of the
employee organization, shall send written | 4 |
| notification of such recognition
to the Board for | 5 |
| certification.
Any dispute regarding the majority status of
a | 6 |
| labor organization shall be
resolved by the Board which shall | 7 |
| make the determination of majority
status.
| 8 |
| Within the 20 day notice period, however, any other | 9 |
| interested employee
organization may petition the Board to seek | 10 |
| recognition as the exclusive
representative of the unit in the | 11 |
| manner specified by rules and regulations
prescribed by the | 12 |
| Board, if such interested employee organization has been
| 13 |
| designated by at least 15% of the employees in an appropriate | 14 |
| bargaining unit
which includes all or some of the employees in | 15 |
| the unit intended to be
recognized by the employer. In such | 16 |
| event, the Board shall proceed with the
petition in the same | 17 |
| manner as provided in paragraph (c) of this Section.
| 18 |
| (c) A labor organization may also gain recognition as the | 19 |
| exclusive
representative by an election of the employees in the | 20 |
| unit. Petitions
requesting an election may be filed with the | 21 |
| Board:
| 22 |
| (1) by an employee or group of employees or any labor | 23 |
| organizations acting
on their behalf alleging and | 24 |
| presenting evidence that 30% or more of the
employees in a | 25 |
| bargaining unit wish to be represented for collective | 26 |
| bargaining
or that the labor organization which has been |
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| acting as the exclusive
bargaining representative is no | 2 |
| longer representative of a majority of the
employees in the | 3 |
| unit; or
| 4 |
| (2) by an employer alleging that one or more labor | 5 |
| organizations have
presented a claim to be recognized as an | 6 |
| exclusive bargaining representative
of a majority of the | 7 |
| employees in an appropriate unit and that it doubts
the | 8 |
| majority status of any of the organizations or that it | 9 |
| doubts the majority
status of an exclusive bargaining | 10 |
| representative.
| 11 |
| The Board shall investigate the petition and if it has | 12 |
| reasonable cause to
suspect that a question of representation | 13 |
| exists, it shall give notice and
conduct a hearing. If it finds | 14 |
| upon the record of the hearing that a question
of | 15 |
| representation exists, it shall direct an election, which shall | 16 |
| be held no
later than 90 days after the date the petition was | 17 |
| filed. Nothing prohibits
the waiving of hearings by the parties | 18 |
| and the conduct of consent elections.
| 19 |
| (c-5) The Board shall designate an exclusive | 20 |
| representative for purposes
of
collective bargaining when the | 21 |
| representative demonstrates a showing of
majority interest by | 22 |
| employees in the unit. If the parties to a dispute are
without
| 23 |
| agreement on the means to ascertain the choice, if any, of | 24 |
| employee
organization as their representative, the Board shall | 25 |
| ascertain the employees'
choice of
employee organization, on | 26 |
| the basis of dues deduction authorization or and other
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| evidence, or, if necessary, by conducting an election. All | 2 |
| evidence submitted by an employee organization to the Board to | 3 |
| ascertain an employee's choice of an employee organization is | 4 |
| confidential and shall not be submitted to the employer for | 5 |
| review. The Board shall ascertain the employee's choice of | 6 |
| employee organization within 120 days after the filing of the | 7 |
| majority interest petition; however, the Board may extend time | 8 |
| by an additional 60 days, upon its own motion or upon the | 9 |
| motion of a party to the proceeding. If either party provides
| 10 |
| to the Board, before the designation of a representative, clear | 11 |
| and convincing
evidence that the dues deduction | 12 |
| authorizations, and other evidence upon which
the Board would | 13 |
| otherwise rely to ascertain the employees' choice of
| 14 |
| representative, are fraudulent or were obtained through | 15 |
| coercion, the Board
shall promptly thereafter conduct an | 16 |
| election. The Board shall also investigate
and consider a | 17 |
| party's allegations that the dues deduction authorizations and
| 18 |
| other evidence submitted in support of a designation of | 19 |
| representative without
an election were subsequently changed, | 20 |
| altered, withdrawn, or withheld as a
result of employer fraud, | 21 |
| coercion, or any other unfair labor practice by the
employer. | 22 |
| If the Board determines that a labor organization would have | 23 |
| had a
majority interest but for an employer's fraud, coercion, | 24 |
| or unfair labor
practice, it shall designate the labor | 25 |
| organization as an exclusive
representative without conducting | 26 |
| an election. If a hearing is necessary to resolve any issues of |
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| representation under this Section, the Board shall conclude its | 2 |
| hearing process and issue a certification of the entire | 3 |
| appropriate unit not later than 120 days after the date the | 4 |
| petition was filed. The 120-day period may be extended one or | 5 |
| more times by the agreement of all parties to a hearing to a | 6 |
| date certain.
| 7 |
| (c-6) A labor organization or an employer may file a unit | 8 |
| clarification petition seeking to clarify an existing | 9 |
| bargaining unit. The Board shall conclude its investigation, | 10 |
| including any hearing process deemed necessary, and issue a | 11 |
| certification of clarified unit or dismiss the petition not | 12 |
| later than 120 days after the date the petition was filed. The | 13 |
| 120-day period may be extended one or more times by the | 14 |
| agreement of all parties to a hearing to a date certain. | 15 |
| (d) An order of the Board dismissing a representation | 16 |
| petition, determining
and certifying that a labor organization | 17 |
| has been fairly and freely chosen by a
majority of employees in | 18 |
| an appropriate bargaining unit, determining and
certifying | 19 |
| that a labor organization has not been fairly and freely chosen | 20 |
| by a
majority of employees in the bargaining unit or certifying | 21 |
| a labor organization
as the exclusive representative of | 22 |
| employees in an appropriate bargaining unit
because of a | 23 |
| determination by the Board that the labor organization is the
| 24 |
| historical bargaining representative of employees in the | 25 |
| bargaining unit,
is a final order. Any person aggrieved by any | 26 |
| such order issued on or after
the effective date of this |
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| amendatory Act of 1987 may apply for and obtain
judicial review | 2 |
| in accordance with provisions of the Administrative Review Law,
| 3 |
| as now or hereafter amended, except that such review shall be | 4 |
| afforded directly
in the Appellate Court of a judicial district | 5 |
| in which the Board maintains an
office. Any direct appeal to | 6 |
| the Appellate Court shall be filed within 35 days
from the date | 7 |
| that a copy of the decision sought to be reviewed was served | 8 |
| upon
the party affected by the decision.
| 9 |
| No election may be conducted in any bargaining unit during | 10 |
| the term of
a collective bargaining agreement covering such | 11 |
| unit or subdivision thereof,
except the Board may direct an | 12 |
| election after the filing
of a petition between January 15 and | 13 |
| March 1 of the final year of a collective
bargaining agreement. | 14 |
| Nothing in this Section prohibits the negotiation
of a | 15 |
| collective bargaining agreement covering a period not | 16 |
| exceeding 3 years.
A collective bargaining agreement of less | 17 |
| than 3 years may be extended up
to 3 years by the parties if the | 18 |
| extension is agreed to in writing before
the filing of a | 19 |
| petition under this Section. In such case, the final year
of | 20 |
| the extension is the final year of the collective bargaining | 21 |
| agreement.
No election may be conducted in a bargaining unit, | 22 |
| or subdivision thereof,
in which a valid election has been held | 23 |
| within the preceding 12 month period.
| 24 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 25 |
| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
|
|