Full Text of HB4026 94th General Assembly
HB4026 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4026
Introduced 2/28/2005, by Rep. Dave Winters SYNOPSIS AS INTRODUCED: |
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115 ILCS 5/12 |
from Ch. 48, par. 1712 |
115 ILCS 5/13 |
from Ch. 48, par. 1713 |
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Amends the Illinois Educational Labor Relations Act. With regard
to school districts, provides that an educational employee may not
engage in a strike and an educational employer may not institute a
lockout if that action would cause an interruption of ongoing essential
educational services. Instead, requires the parties to submit to binding arbitration. Also provides that it is unlawful for a person to
instigate or induce or conspire with or encourage a person to engage in a
strike, lockout, slowdown, or work stoppage if that action would
cause an interruption of ongoing essential educational services. Provides
that these provisions do not prohibit a strike or lockout that began
before the start of the school year. Effective immediately.
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A BILL FOR
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HB4026 |
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LRB094 04015 NHT 42581 b |
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| AN ACT regarding educational labor relations.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Educational Labor Relations Act is | 5 |
| amended by
changing Sections 12 and 13 as follows:
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| (115 ILCS 5/12) (from Ch. 48, par. 1712)
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| Sec. 12. Impasse procedures.
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| (a) If the parties engaged in collective
bargaining have | 9 |
| not reached an agreement by 90 days before the scheduled
start | 10 |
| of the forthcoming school year, the parties shall notify the | 11 |
| Illinois
Educational Labor Relations Board concerning the | 12 |
| status of negotiations.
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| Upon demand of either party, collective bargaining between | 14 |
| the employer
and an exclusive bargaining representative must | 15 |
| begin within 60 days of
the date of certification of the | 16 |
| representative by the Board, or in the case
of an existing | 17 |
| exclusive bargaining representative, within 60 days of the
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| receipt by a party of a demand to bargain issued by the other | 19 |
| party. Once
commenced, collective bargaining must continue for | 20 |
| at least a 60 day
period, unless a contract is entered into.
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| Except as otherwise provided in subsection (b) of this | 22 |
| Section, if after
a reasonable period of negotiation and within | 23 |
| 45 days of the
scheduled start of the forth-coming school year, | 24 |
| the parties engaged in
collective bargaining have reached an | 25 |
| impasse, either party may petition
the Board to initiate | 26 |
| mediation. Alternatively, the Board on its own
motion may | 27 |
| initiate mediation during this period. However, mediation | 28 |
| shall
be initiated by the Board at any time when jointly | 29 |
| requested by the parties
and the services of the mediators | 30 |
| shall continuously be made available to
the employer and to the | 31 |
| exclusive bargaining representative for purposes of
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| arbitration of grievances and mediation or arbitration of |
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LRB094 04015 NHT 42581 b |
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| contract
disputes. If requested by the parties, the mediator | 2 |
| may perform
fact-finding and in so doing conduct hearings and | 3 |
| make written findings and
recommendations for resolution of the | 4 |
| dispute. Such mediation shall be
provided by the Board and | 5 |
| shall be held before qualified impartial
individuals. Nothing | 6 |
| prohibits the use of other individuals or
organizations such as | 7 |
| the Federal Mediation and Conciliation Service or the
American | 8 |
| Arbitration Association selected by both the exclusive | 9 |
| bargaining
representative and the employer.
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| If the parties engaged in collective bargaining fail to | 11 |
| reach an agreement
within 15 days of the scheduled start of the | 12 |
| forthcoming school year and
have not requested mediation, the | 13 |
| Illinois Educational Labor Relations Board
shall invoke | 14 |
| mediation , unless binding arbitration applies under subsection | 15 |
| (c) of Section 13 of this Act .
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| Whenever mediation is initiated or invoked under this | 17 |
| subsection (a), the
parties may stipulate to defer selection of | 18 |
| a mediator in accordance with
rules adopted by the Board.
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| (b) If, after a period of bargaining of at least 60 days, a
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| dispute or impasse exists between an employer whose territorial
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| boundaries are coterminous with those of a city having a | 22 |
| population in
excess of 500,000 and the exclusive bargaining | 23 |
| representative over
a subject or matter set forth in Section | 24 |
| 4.5 of this Act, the parties shall
submit the dispute or | 25 |
| impasse to the dispute resolution procedure
agreed to between | 26 |
| the parties. The procedure shall provide for mediation
of | 27 |
| disputes by a rotating mediation panel and may, at the request | 28 |
| of
either party, include the issuance of advisory findings of | 29 |
| fact and
recommendations.
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| (c) The costs of fact finding and mediation shall be shared | 31 |
| equally
between
the employer and the exclusive bargaining | 32 |
| agent, provided that, for
purposes of mediation under this Act, | 33 |
| if either party requests the use of
mediation services from the | 34 |
| Federal Mediation and Conciliation Service, the
other party | 35 |
| shall either join in such request or bear the additional cost
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| of mediation services from another source.
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| (d) Nothing in this Act prevents an employer and an | 2 |
| exclusive bargaining
representative from mutually submitting | 3 |
| to final and binding impartial
arbitration unresolved issues | 4 |
| concerning the terms of a new collective
bargaining agreement.
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| (Source: P.A. 93-3, eff. 4-16-03.)
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| (115 ILCS 5/13) (from Ch. 48, par. 1713)
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| Sec. 13. Strikes and lockouts .
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| (a) Notwithstanding the existence of any other
provision in | 9 |
| this Act or other law, educational employees employed in school
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| districts organized under Article 34 of the School Code shall | 11 |
| not engage in
a strike at any time during the 18 month period | 12 |
| that commences on the
effective date of this amendatory Act of | 13 |
| 1995. An educational employee
employed in a school district | 14 |
| organized
under Article 34 of the School Code who participates | 15 |
| in a strike in violation
of this Section is subject to | 16 |
| discipline by the employer. In addition, no
educational | 17 |
| employer organized under Article 34 of the School Code may pay | 18 |
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cause to be paid to an educational employee who
participates | 19 |
| in a strike in violation of this subsection any wages or other
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| compensation for any period during
which an educational | 21 |
| employee participates in the strike, except for wages or
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| compensation earned before participation in the strike.
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| Notwithstanding the existence of any other
provision in this | 24 |
| Act or other law, during the 18-month period that strikes are
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| prohibited under this subsection nothing in this subsection | 26 |
| shall be construed
to require an educational employer to submit | 27 |
| to a binding dispute resolution
process.
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| (b) Notwithstanding the existence of any other provision in | 29 |
| this Act or any
other law, educational employees other than | 30 |
| those employed in a school district
organized under Article 34 | 31 |
| of the School Code and, after the expiration of the
18 month | 32 |
| period that commences on the effective date of this amendatory | 33 |
| Act of
1995, educational employees in a school district | 34 |
| organized under Article 34 of
the School Code shall not engage | 35 |
| in a strike except under the following
conditions:
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| (1) they are represented by an exclusive bargaining
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| representative;
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| (2) mediation has been used without success;
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| (3) at least 10 days have elapsed after a notice of | 5 |
| intent
to strike has been given by the exclusive bargaining | 6 |
| representative to the
educational employer, the regional | 7 |
| superintendent and the Illinois Educational
Labor | 8 |
| Relations Board;
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| (4) the collective bargaining agreement between the | 10 |
| educational employer
and educational employees, if any, | 11 |
| has expired; and
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| (5) the employer and the exclusive bargaining | 13 |
| representative have not
mutually submitted the unresolved | 14 |
| issues to arbitration.
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| If, however, in the opinion of an employer the strike is or | 16 |
| has become a
clear and present danger to the health or safety | 17 |
| of the public, the employer
may initiate
in the circuit court | 18 |
| of the county in which such danger exists an action for
relief | 19 |
| which may include, but is not limited to, injunction. The court | 20 |
| may
grant appropriate relief upon the finding that such clear | 21 |
| and present danger
exists.
An unfair practice or other evidence | 22 |
| of lack of clean hands by the educational
employer is a defense | 23 |
| to such action. Except as provided for in this
paragraph, the | 24 |
| jurisdiction of the court under this Section is limited by the
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| Labor Dispute Act.
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| (c) Notwithstanding the existence of any other provision in | 27 |
| this Act or
any other law, with regard to school districts, an | 28 |
| educational employee may
not engage in a strike and an | 29 |
| educational employer may not institute a
lockout if that action | 30 |
| would cause an interruption of ongoing essential
educational | 31 |
| services. Instead, the parties shall submit to binding | 32 |
| arbitration in accordance with procedures adopted by the Board. | 33 |
| It is unlawful for a person to instigate or induce or
conspire | 34 |
| with or encourage a person to engage in a strike, lockout,
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| slowdown, or work stoppage if that action would cause an | 36 |
| interruption of
ongoing essential educational services. |
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| Nothing in this subsection (c)
prohibits a strike or lockout | 2 |
| that began before the start of the school
year.
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| (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law. |
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