Full Text of SB3188 100th General Assembly
SB3188 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3188 Introduced 2/15/2018, by Sen. Daniel Biss SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/34-3.5 | | 115 ILCS 5/12 | from Ch. 48, par. 1712 | 115 ILCS 5/4.5 rep. | |
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Amends the Illinois Educational Labor Relations Act. Removes language concerning impasse procedures involving an educational employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000. Repeals provisions concerning subjects of collective bargaining with that educational employer. Amends the School Code to make corresponding changes. Effective immediately. |
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 34-3.5 as follows:
| 6 | | (105 ILCS 5/34-3.5)
| 7 | | Sec. 34-3.5.
Partnership agreement on advancing student
| 8 | | achievement; No Child Left Behind Act of 2001.
| 9 | | (a) The General Assembly finds that the Chicago Teachers | 10 | | Union,
the Chicago Board of Education, and the district's chief | 11 | | executive officer
have a common responsibility beyond their | 12 | | statutory collective
bargaining relationship to institute | 13 | | purposeful education reforms in the
Chicago Public Schools that | 14 | | maximize the number of students in the
Chicago Public Schools | 15 | | who reach or exceed proficiency with regard to State
academic | 16 | | standards and assessments. The General Assembly further
finds | 17 | | that education reform in the Chicago Public Schools must be
| 18 | | premised on a commitment by all stakeholders to redefine | 19 | | relationships,
develop, implement, and evaluate programs, seek | 20 | | new and additional
resources, improve the value of educational | 21 | | programs to students,
accelerate the quality of teacher | 22 | | training, improve instructional
excellence, and develop and | 23 | | implement strategies to comply with the
federal No Child Left |
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| 1 | | Behind Act of 2001 (Public Law 107-110).
| 2 | | The Chicago Board of Education and the district's chief | 3 | | executive
officer shall enter into a partnership agreement with | 4 | | the Chicago
Teachers Union to allow the parties to work | 5 | | together to advance the
Chicago Public Schools to the next | 6 | | level of education reform. This
agreement must be entered into | 7 | | and take effect within 90 days after the
effective date of this | 8 | | amendatory Act of the 93rd General Assembly. As
part of this | 9 | | agreement, the Chicago Teachers Union, the Chicago Board
of | 10 | | Education, and the district's chief executive officer shall | 11 | | jointly file a
report with the General Assembly at the end of | 12 | | each school year with
respect to the nature of the reforms that | 13 | | the parties have instituted, the
effect
of these reforms on | 14 | | student achievement, and any other matters that the
parties | 15 | | deem relevant to evaluating the effectiveness of the agreement.
| 16 | | (b) Decisions concerning matters of inherent managerial | 17 | | policy
necessary to comply with the federal No Child Left | 18 | | Behind Act of 2001
(Public Law 107-110), including such areas | 19 | | of discretion or policy as the
functions of the employer, the | 20 | | standards and delivery of educational
services and programs, | 21 | | the district's overall budget, the district's
organizational | 22 | | structure, student assignment, school choice, and the
| 23 | | selection of new employees and direction of employees, and the | 24 | | impact of
these decisions on individual employees or the | 25 | | bargaining unit shall be
permissive subjects of bargaining | 26 | | between the educational employer and
the exclusive bargaining |
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| 1 | | representative and are within the sole discretion
of the | 2 | | educational employer to decide to bargain.
This subsection (b) | 3 | | is
exclusive of the parties' obligations and responsibilities | 4 | | under Section
4.5 of the Illinois Educational Labor Relations | 5 | | Act
(provided that any dispute or impasse that
may arise
under | 6 | | this subsection (b) shall be
resolved exclusively as set forth | 7 | | in subsection (b) of Section 12 of the
Illinois
Educational | 8 | | Labor Relations Act in lieu of a strike under Section 13 of
the | 9 | | Illinois Educational Labor Relations Act).
| 10 | | (Source: P.A. 93-3, eff. 4-16-03.)
| 11 | | Section 10. The Illinois Educational Labor Relations Act is | 12 | | amended by changing Section 12 as follows:
| 13 | | (115 ILCS 5/12) (from Ch. 48, par. 1712)
| 14 | | Sec. 12. Impasse procedures.
| 15 | | (a) This subsection (a) applies only to collective | 16 | | bargaining between an educational employer that is not a public | 17 | | school district organized under Article 34 of the School Code | 18 | | and an exclusive representative of its employees. If the | 19 | | parties engaged in collective
bargaining have not reached an | 20 | | agreement by 90 days before the scheduled
start of the | 21 | | forthcoming school year, the parties shall notify the Illinois
| 22 | | Educational Labor Relations Board concerning the status of | 23 | | negotiations. This notice shall include a statement on whether | 24 | | mediation has been used.
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| 1 | | Upon demand of either party, collective bargaining between | 2 | | the employer
and an exclusive bargaining representative must | 3 | | begin within 60 days of
the date of certification of the | 4 | | representative by the Board, or in the case
of an existing | 5 | | exclusive bargaining representative, within 60 days of the
| 6 | | receipt by a party of a demand to bargain issued by the other | 7 | | party. Once
commenced, collective bargaining must continue for | 8 | | at least a 60 day
period, unless a contract is entered into.
| 9 | | Except as otherwise provided in subsection (b) of this | 10 | | Section, if after
a reasonable period of negotiation and within | 11 | | 90 days of the
scheduled start of the forth-coming school year, | 12 | | the parties engaged in
collective bargaining have reached an | 13 | | impasse, either party may petition
the Board to initiate | 14 | | mediation. Alternatively, the Board on its own
motion may | 15 | | initiate mediation during this period. However, mediation | 16 | | shall
be initiated by the Board at any time when jointly | 17 | | requested by the parties
and the services of the mediators | 18 | | shall continuously be made available to
the employer and to the | 19 | | exclusive bargaining representative for purposes of
| 20 | | arbitration of grievances and mediation or arbitration of | 21 | | contract
disputes. If requested by the parties, the mediator | 22 | | may perform
fact-finding and in so doing conduct hearings and | 23 | | make written findings and
recommendations for resolution of the | 24 | | dispute. Such mediation shall be
provided by the Board and | 25 | | shall be held before qualified impartial
individuals. Nothing | 26 | | prohibits the use of other individuals or
organizations such as |
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| 1 | | the Federal Mediation and Conciliation Service or the
American | 2 | | Arbitration Association selected by both the exclusive | 3 | | bargaining
representative and the employer.
| 4 | | If the parties engaged in collective bargaining fail to | 5 | | reach an agreement
within 45 days of the scheduled start of the | 6 | | forthcoming school year and
have not requested mediation, the | 7 | | Illinois Educational Labor Relations Board
shall invoke | 8 | | mediation.
| 9 | | Whenever mediation is initiated or invoked under this | 10 | | subsection (a), the
parties may stipulate to defer selection of | 11 | | a mediator in accordance with
rules adopted by the Board.
| 12 | | (a-5) This subsection (a-5) applies only to collective | 13 | | bargaining between a public school district or a combination of | 14 | | public school districts, including, but not limited to, joint | 15 | | cooperatives, that is not organized under Article 34 of the | 16 | | School Code and an exclusive representative of its employees. | 17 | | (1) Any time 15 days after mediation has commenced, | 18 | | either party may initiate the public posting process. The | 19 | | mediator may initiate the public posting process at any | 20 | | time 15 days after mediation has commenced during the | 21 | | mediation process. Initiation of the public posting | 22 | | process must be filed in writing with the Board, and copies | 23 | | must be submitted to the parties on the same day the | 24 | | initiation is filed with the Board. | 25 | | (2) Within 7 days after the initiation of the public | 26 | | posting process, each party shall submit to the mediator, |
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| 1 | | the Board, and the other party in writing the most recent | 2 | | offer of the party, including a cost summary of the offer. | 3 | | Seven days after receipt of the parties' offers, the Board | 4 | | shall make public the offers and each party's cost summary | 5 | | dealing with those issues on which the parties have failed | 6 | | to reach agreement by immediately posting the offers on its | 7 | | Internet website, unless otherwise notified by the | 8 | | mediator or jointly by the parties that agreement has been | 9 | | reached. On the same day of publication by the Board, at a | 10 | | minimum, the school district shall distribute notice of the | 11 | | availability of the offers on the Board's Internet website | 12 | | to all news media that have filed an annual request for | 13 | | notices from the school district pursuant to Section 2.02 | 14 | | of the Open Meetings Act. The parties' offers shall remain | 15 | | on the Board's Internet website until the parties have | 16 | | reached and ratified an agreement. | 17 | | (a-10) This subsection (a-10) applies only to collective | 18 | | bargaining between a public school district organized under | 19 | | Article 34 of the School Code and an exclusive representative | 20 | | of its employees. | 21 | | (1) For collective bargaining agreements between an | 22 | | educational employer to which this subsection (a-10) | 23 | | applies and an exclusive representative of its employees, | 24 | | if the parties fail to reach an agreement after a | 25 | | reasonable period of mediation, the dispute shall be | 26 | | submitted to fact-finding in accordance with this |
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| 1 | | subsection (a-10). Either the educational employer or the | 2 | | exclusive representative may initiate fact-finding by | 3 | | submitting a written demand to the other party with a copy | 4 | | of the demand submitted simultaneously to the Board. | 5 | | (2) Within 3 days following a party's demand for | 6 | | fact-finding, each party shall appoint one member of the | 7 | | fact-finding panel, unless the parties agree to proceed | 8 | | without a tri-partite panel. Following these appointments, | 9 | | if any, the parties shall select a qualified impartial | 10 | | individual to serve as the fact-finder and chairperson of | 11 | | the fact-finding panel, if applicable. An individual shall | 12 | | be considered qualified to serve as the fact-finder and | 13 | | chairperson of the fact-finding panel, if applicable, if he | 14 | | or she was not the same individual who was appointed as the | 15 | | mediator and if he or she satisfies the following | 16 | | requirements: membership in good standing with the | 17 | | National Academy of Arbitrators, Federal Mediation and | 18 | | Conciliation Service, or American Arbitration Association | 19 | | for a minimum of 10 years; membership on the mediation | 20 | | roster for the Illinois Labor Relations Board or Illinois | 21 | | Educational Labor Relations Board; issuance of at least 5 | 22 | | interest arbitration awards arising under the Illinois | 23 | | Public Labor Relations Act; and participation in impasse | 24 | | resolution processes arising under private or public | 25 | | sector collective bargaining statutes in other states. If | 26 | | the parties are unable to agree on a fact-finder, the |
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| 1 | | parties shall request a panel of fact-finders who satisfy | 2 | | the requirements set forth in this paragraph (2) from | 3 | | either the Federal Mediation and Conciliation Service or | 4 | | the American Arbitration Association and shall select a | 5 | | fact-finder from such panel in accordance with the | 6 | | procedures established by the organization providing the | 7 | | panel. | 8 | | (3) The fact-finder shall have the following duties and | 9 | | powers: | 10 | | (A) to require the parties to submit a statement of | 11 | | disputed issues and their positions regarding each | 12 | | issue either jointly or separately; | 13 | | (B) to identify disputed issues that are economic | 14 | | in nature; | 15 | | (C) to meet with the parties either separately or | 16 | | in executive sessions; | 17 | | (D) to conduct hearings and regulate the time, | 18 | | place, course, and manner of the hearings; | 19 | | (E) to request the Board to issue subpoenas | 20 | | requiring the attendance and testimony of witnesses or | 21 | | the production of evidence; | 22 | | (F) to administer oaths and affirmations; | 23 | | (G) to examine witnesses and documents; | 24 | | (H) to create a full and complete written record of | 25 | | the hearings; | 26 | | (I) to attempt mediation or remand a disputed issue |
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| 1 | | to the parties for further collective bargaining; | 2 | | (J) to require the parties to submit final offers | 3 | | for each disputed issue either individually or as a | 4 | | package or as a combination of both; and | 5 | | (K) to employ any other measures deemed | 6 | | appropriate to resolve the impasse. | 7 | | (4) If the dispute is not settled within 75 days after | 8 | | the appointment of the fact-finding panel, the | 9 | | fact-finding panel shall issue a private report to the | 10 | | parties that contains advisory findings of fact and | 11 | | recommended terms of settlement for all disputed issues and | 12 | | that sets forth a rationale for each recommendation. The | 13 | | fact-finding panel, acting by a majority of its members, | 14 | | shall base its findings and recommendations upon the | 15 | | following criteria as applicable: | 16 | | (A) the lawful authority of the employer; | 17 | | (B) the federal and State statutes or local | 18 | | ordinances and resolutions applicable to the employer; | 19 | | (C) prior collective bargaining agreements and the | 20 | | bargaining history between the parties; | 21 | | (D) stipulations of the parties; | 22 | | (E) the interests and welfare of the public and the | 23 | | students and families served by the employer; | 24 | | (F) the employer's financial ability to fund the | 25 | | proposals based on existing available resources, | 26 | | provided that such ability is not predicated on an |
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| 1 | | assumption that lines of credit or reserve funds are | 2 | | available or that the employer may or will receive or | 3 | | develop new sources of revenue or increase existing | 4 | | sources of revenue; | 5 | | (G) the impact of any economic adjustments on the | 6 | | employer's ability to pursue its educational mission; | 7 | | (H) the present and future general economic | 8 | | conditions in the locality and State; | 9 | | (I) a comparison of the wages, hours, and | 10 | | conditions of employment of the employees involved in | 11 | | the dispute with the wages, hours, and conditions of | 12 | | employment of employees performing similar services in | 13 | | public education in the 10 largest U.S. cities; | 14 | | (J) the average consumer prices in urban areas for | 15 | | goods and services, which is commonly known as the cost | 16 | | of living; | 17 | | (K) the overall compensation presently received by | 18 | | the employees involved in the dispute, including | 19 | | direct wage compensation; vacations, holidays, and | 20 | | other excused time; insurance and pensions; medical | 21 | | and hospitalization benefits; the continuity and | 22 | | stability of employment and all other benefits | 23 | | received; and how each party's proposed compensation | 24 | | structure supports the educational goals of the | 25 | | district; | 26 | | (L) changes in any of the circumstances listed in |
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| 1 | | items (A) through (K) of this paragraph (4) during the | 2 | | fact-finding proceedings; | 3 | | (M) the effect that any term the parties are at | 4 | | impasse on has or may have on the overall educational | 5 | | environment, learning conditions, and working | 6 | | conditions with the school district; and | 7 | | (N) the effect that any term the parties are at | 8 | | impasse on has or may have in promoting the public | 9 | | policy of this State. | 10 | | (5) The fact-finding panel's recommended terms of | 11 | | settlement shall be deemed agreed upon by the parties as | 12 | | the final resolution of the disputed issues and | 13 | | incorporated into the collective bargaining agreement | 14 | | executed by the parties, unless either party tenders to the | 15 | | other party and the chairperson of the fact-finding panel a | 16 | | notice of rejection of the recommended terms of settlement | 17 | | with a rationale for the rejection, within 15 days after | 18 | | the date of issuance of the fact-finding panel's report. If | 19 | | either party submits a notice of rejection, the chairperson | 20 | | of the fact-finding panel shall publish the fact-finding | 21 | | panel's report and the notice of rejection for public | 22 | | information by delivering a copy to all newspapers of | 23 | | general circulation in the community with simultaneous | 24 | | written notice to the parties. | 25 | | (b) (Blank). If, after a period of bargaining of at least | 26 | | 60 days, a
dispute or impasse exists between an educational |
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| 1 | | employer whose territorial
boundaries are coterminous with | 2 | | those of a city having a population in
excess of 500,000 and | 3 | | the exclusive bargaining representative over
a subject or | 4 | | matter set forth in Section 4.5 of this Act, the parties shall
| 5 | | submit the dispute or impasse to the dispute resolution | 6 | | procedure
agreed to between the parties. The procedure shall | 7 | | provide for mediation
of disputes by a rotating mediation panel | 8 | | and may, at the request of
either party, include the issuance | 9 | | of advisory findings of fact and
recommendations.
| 10 | | (c) The costs of fact finding and mediation shall be shared | 11 | | equally
between
the employer and the exclusive bargaining | 12 | | agent, provided that, for
purposes of mediation under this Act, | 13 | | if either party requests the use of
mediation services from the | 14 | | Federal Mediation and Conciliation Service, the
other party | 15 | | shall either join in such request or bear the additional cost
| 16 | | of mediation services from another source. All other costs and | 17 | | expenses of complying with this Section must be borne by the | 18 | | party incurring them.
| 19 | | (c-5) If an educational employer or exclusive bargaining | 20 | | representative refuses to participate in mediation or fact | 21 | | finding when required by this Section, the refusal shall be | 22 | | deemed a refusal to bargain in good faith. | 23 | | (d) Nothing in this Act prevents an employer and an | 24 | | exclusive bargaining
representative from mutually submitting | 25 | | to final and binding impartial
arbitration unresolved issues | 26 | | concerning the terms of a new collective
bargaining agreement.
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| 1 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | 2 | | eff. 1-1-14.)
| 3 | | (115 ILCS 5/4.5 rep.)
| 4 | | Section 15. The Illinois Educational Labor Relations Act is | 5 | | amended by repealing Section 4.5.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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