Illinois General Assembly - Full Text of HB1197
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Full Text of HB1197  97th General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. If and only if Senate Bill 7 as passed by the
597th General Assembly becomes law, the Illinois Educational
6Labor Relations Act is amended by changing Sections 4.5, 12,
7and 13 as follows:
8    (115 ILCS 5/4.5)
9    Sec. 4.5. Subjects of collective bargaining.
10    (a) Notwithstanding the existence of any other provision in
11this Act or other law, collective bargaining between an
12educational employer whose territorial boundaries are
13coterminous with those of a city having a population in excess
14of 500,000 and an exclusive representative of its employees may
15include any of the following subjects:
16        (1) (Blank).
17        (2) Decisions to contract with a third party for one or
18    more services otherwise performed by employees in a
19    bargaining unit and the procedures for obtaining such
20    contract or the identity of the third party.
21        (3) Decisions to layoff or reduce in force employees.
22        (4) Decisions to determine class size, class staffing
23    and assignment, class schedules, academic calendar, length



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1    of the work and school day with respect to a public school
2    district organized under Article 34 of the School Code
3    only, length of the work and school year with respect to a
4    public school district organized under Article 34 of the
5    School Code only, hours and places of instruction, or pupil
6    assessment policies.
7        (5) Decisions concerning use and staffing of
8    experimental or pilot programs and decisions concerning
9    use of technology to deliver educational programs and
10    services and staffing to provide the technology.
11    (b) The subject or matters described in subsection (a) are
12permissive subjects of bargaining between an educational
13employer and an exclusive representative of its employees and,
14for the purpose of this Act, are within the sole discretion of
15the educational employer to decide to bargain, provided that
16the educational employer is required to bargain over the impact
17of a decision concerning such subject or matter on the
18bargaining unit upon request by the exclusive representative.
19During this bargaining, the educational employer shall not be
20precluded from implementing its decision. If, after a
21reasonable period of bargaining, a dispute or impasse exists
22between the educational employer and the exclusive
23representative, the dispute or impasse shall be resolved
24exclusively as set forth in subsection (b) of Section 12 of
25this Act in lieu of a strike under Section 13 of this Act.
26Neither the Board nor any mediator or fact-finder appointed



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1pursuant to subsection (a-10) of Section 12 of this Act shall
2have jurisdiction over such a dispute or impasse.
3    (c) A provision in a collective bargaining agreement that
4was rendered null and void because it involved a prohibited
5subject of collective bargaining under this subsection (c) as
6this subsection (c) existed before the effective date of this
7amendatory Act of the 93rd General Assembly remains null and
8void and shall not otherwise be reinstated in any successor
9agreement unless the educational employer and exclusive
10representative otherwise agree to include an agreement reached
11on a subject or matter described in subsection (a) of this
12Section as subsection (a) existed before this amendatory Act of
13the 93rd General Assembly.
14(Source: P.A. 93-3, eff. 4-16-03; 09700SB0007enr.)
15    (115 ILCS 5/12)  (from Ch. 48, par. 1712)
16    Sec. 12. Impasse procedures.
17    (a) This subsection (a) applies only to collective
18bargaining between an educational employer that is not a public
19school district organized under Article 34 of the School Code
20and an exclusive representative of its employees. If the
21parties engaged in collective bargaining have not reached an
22agreement by 90 days before the scheduled start of the
23forthcoming school year, the parties shall notify the Illinois
24Educational Labor Relations Board concerning the status of
25negotiations. This notice shall include a statement on whether



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1mediation has been used.
2    Upon demand of either party, collective bargaining between
3the employer and an exclusive bargaining representative must
4begin within 60 days of the date of certification of the
5representative by the Board, or in the case of an existing
6exclusive bargaining representative, within 60 days of the
7receipt by a party of a demand to bargain issued by the other
8party. Once commenced, collective bargaining must continue for
9at least a 60 day period, unless a contract is entered into.
10    Except as otherwise provided in subsection (b) of this
11Section, if after a reasonable period of negotiation and within
1290 days of the scheduled start of the forth-coming school year,
13the parties engaged in collective bargaining have reached an
14impasse, either party may petition the Board to initiate
15mediation. Alternatively, the Board on its own motion may
16initiate mediation during this period. However, mediation
17shall be initiated by the Board at any time when jointly
18requested by the parties and the services of the mediators
19shall continuously be made available to the employer and to the
20exclusive bargaining representative for purposes of
21arbitration of grievances and mediation or arbitration of
22contract disputes. If requested by the parties, the mediator
23may perform fact-finding and in so doing conduct hearings and
24make written findings and recommendations for resolution of the
25dispute. Such mediation shall be provided by the Board and
26shall be held before qualified impartial individuals. Nothing



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1prohibits the use of other individuals or organizations such as
2the Federal Mediation and Conciliation Service or the American
3Arbitration Association selected by both the exclusive
4bargaining representative and the employer.
5    If the parties engaged in collective bargaining fail to
6reach an agreement within 45 days of the scheduled start of the
7forthcoming school year and have not requested mediation, the
8Illinois Educational Labor Relations Board shall invoke
10    Whenever mediation is initiated or invoked under this
11subsection (a), the parties may stipulate to defer selection of
12a mediator in accordance with rules adopted by the Board.
13    (a-5) This subsection (a-5) applies only to collective
14bargaining between a public school district or a combination of
15public school districts, including, but not limited to, joint
16cooperatives, that is not organized under Article 34 of the
17School Code and an exclusive representative of its employees.
18        (1) Any time 15 days after mediation has commenced
19    after 15 days of mediation, either party may declare an
20    impasse. The mediator may declare an impasse at any time
21    during the mediation process. Notification of an impasse
22    must be filed in writing with the Board, and copies of the
23    notification must be submitted to the parties on the same
24    day the notification is filed with the Board.
25        (2) Within 7 days after the declaration of impasse,
26    each party shall submit to the mediator, the Board, and the



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1    other party in writing the final offer of the party,
2    including a cost summary of the offer. Seven days after
3    receipt of the parties' final offers, the Board mediator
4    shall make public the final offers and each party's cost
5    summary dealing with those issues on which the parties have
6    failed to reach agreement by immediately posting the offers
7    on its Internet website, unless otherwise notified by the
8    mediator or jointly by the parties that agreement has been
9    reached. The mediator shall make the final offers public by
10    filing them with the Board, which shall immediately post
11    the offers on its Internet website. On the same day of
12    publication by the mediator, at a minimum, the school
13    district shall distribute notice of the availability of the
14    offers on the Board's Internet website to all news media
15    that have filed an annual request for notices from the
16    school district pursuant to Section 2.02 of the Open
17    Meetings Act.
18    (a-10) This subsection (a-10) applies only to collective
19bargaining between a public school district organized under
20Article 34 of the School Code and an exclusive representative
21of its employees.
22        (1) For collective bargaining agreements between an
23    educational employer to which this subsection (a-10)
24    applies whose territorial boundaries are coterminous with
25    those of a city having a population in excess of 500,000
26    and an exclusive representative of its employees, if the



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1    parties fail to reach an agreement after a reasonable
2    period of mediation, the dispute shall be submitted to
3    fact-finding in accordance with this subsection (a-10).
4    Either the educational employer or the exclusive
5    representative may initiate fact-finding by submitting a
6    written demand to the other party with a copy of the demand
7    submitted simultaneously to the Board.
8        (2) Within 3 days following a party's demand for
9    fact-finding, each party shall appoint one member of the
10    fact-finding panel, unless the parties agree to proceed
11    without a tri-partite panel. Following these appointments,
12    if any, the parties shall select a qualified impartial
13    individual to serve as the fact-finder and chairperson of
14    the fact-finding panel, if applicable. An individual shall
15    be considered qualified to serve as the fact-finder and
16    chairperson of the fact-finding panel, if applicable, if he
17    or she was not the same individual who was appointed as the
18    mediator and if he or she satisfies the following
19    requirements: membership in good standing with the
20    National Academy of Arbitrators, Federal Mediation and
21    Conciliation Service, or American Arbitration Association
22    for a minimum of 10 years; membership on the mediation
23    roster for the Illinois Labor Relations Board or Illinois
24    Educational Labor Relations Board; issuance of at least 5
25    interest arbitration awards arising under the Illinois
26    Public Labor Relations Act; and participation in impasse



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1    resolution processes arising under private or public
2    sector collective bargaining statutes in other states. If
3    the parties are unable to agree on a fact-finder, the
4    parties shall request a panel of fact-finders who satisfy
5    the requirements set forth in this paragraph (2) from
6    either the Federal Mediation and Conciliation Service or
7    the American Arbitration Association and shall select a
8    fact-finder from such panel in accordance with the
9    procedures established by the organization providing the
10    panel.
11        (3) The fact-finder shall have the following duties and
12    powers:
13            (A) to require the parties to submit a statement of
14        disputed issues and their positions regarding each
15        issue either jointly or separately;
16            (B) to identify disputed issues that are economic
17        in nature;
18            (C) to meet with the parties either separately or
19        in executive sessions;
20            (D) to conduct hearings and regulate the time,
21        place, course, and manner of the hearings;
22            (E) to request the Board to issue subpoenas
23        requiring the attendance and testimony of witnesses or
24        the production of evidence;
25            (F) to administer oaths and affirmations;
26            (G) to examine witnesses and documents;



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1            (H) to create a full and complete written record of
2        the hearings;
3            (I) to attempt mediation or remand a disputed issue
4        to the parties for further collective bargaining;
5            (J) to require the parties to submit final offers
6        for each disputed issue either individually or as a
7        package or as a combination of both; and
8            (K) to employ any other measures deemed
9        appropriate to resolve the impasse.
10        (4) If the dispute is not settled within 75 days after
11    the appointment of the fact-finding panel, the
12    fact-finding panel shall issue a private report to the
13    parties that contains advisory findings of fact and
14    recommended terms of settlement for all disputed issues and
15    that sets forth a rationale for each recommendation. The
16    fact-finding panel, acting by a majority of its members,
17    shall base its findings and recommendations upon the
18    following criteria as applicable:
19            (A) the lawful authority of the employer;
20            (B) the federal and State statutes or local
21        ordinances and resolutions applicable to the employer;
22            (C) prior collective bargaining agreements and the
23        bargaining history between the parties;
24            (D) stipulations of the parties;
25            (E) the interests and welfare of the public and the
26        students and families served by the employer;



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1            (F) the employer's financial ability to fund the
2        proposals based on existing available resources,
3        provided that such ability is not predicated on an
4        assumption that lines of credit or reserve funds are
5        available or that the employer may or will receive or
6        develop new sources of revenue or increase existing
7        sources of revenue;
8            (G) the impact of any economic adjustments on the
9        employer's ability to pursue its educational mission;
10            (H) the present and future general economic
11        conditions in the locality and State;
12            (I) a comparison of the wages, hours, and
13        conditions of employment of the employees involved in
14        the dispute with the wages, hours, and conditions of
15        employment of employees performing similar services in
16        public education in the 10 largest U.S. cities;
17            (J) the average consumer prices in urban areas for
18        goods and services, which is commonly known as the cost
19        of living;
20            (K) the overall compensation presently received by
21        the employees involved in the dispute, including
22        direct wage compensation; vacations, holidays, and
23        other excused time; insurance and pensions; medical
24        and hospitalization benefits; the continuity and
25        stability of employment and all other benefits
26        received; and how each party's proposed compensation



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1        structure supports the educational goals of the
2        district;
3            (L) changes in any of the circumstances listed in
4        items (A) through (K) of this paragraph (4) during the
5        fact-finding proceedings;
6            (M) the effect that any term the parties are at
7        impasse on has or may have on the overall educational
8        environment, learning conditions, and working
9        conditions with the school district; and
10            (N) the effect that any term the parties are at
11        impasse on has or may have in promoting the public
12        policy of this State.
13        (5) The fact-finding panel's recommended terms of
14    settlement shall be deemed agreed upon by the parties as
15    the final resolution of the disputed issues and
16    incorporated into the collective bargaining agreement
17    executed by the parties, unless either party tenders to the
18    other party and the chairperson of the fact-finding panel a
19    notice of rejection of the recommended terms of settlement
20    with a rationale for the rejection, within 15 days after
21    the date of issuance of the fact-finding panel's report. If
22    either party submits a notice of rejection, the chairperson
23    of the fact-finding panel shall publish the fact-finding
24    panel's report and the notice of rejection for public
25    information by delivering a copy to all newspapers of
26    general circulation in the community with simultaneous



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1    written notice to the parties.
2    (b) If, after a period of bargaining of at least 60 days, a
3dispute or impasse exists between an educational employer whose
4territorial boundaries are coterminous with those of a city
5having a population in excess of 500,000 and the exclusive
6bargaining representative over a subject or matter set forth in
7Section 4.5 of this Act, the parties shall submit the dispute
8or impasse to the dispute resolution procedure agreed to
9between the parties. The procedure shall provide for mediation
10of disputes by a rotating mediation panel and may, at the
11request of either party, include the issuance of advisory
12findings of fact and recommendations. A dispute or impasse over
13any Section 4.5 subject shall not be resolved through the
14procedures set forth in this Act, and the Board, mediator, or
15fact-finder has no jurisdiction over any Section 4.5 subject.
16The changes made to this subsection (b) by this amendatory Act
17of the 97th General Assembly are declarative of existing law.
18    (c) The costs of fact finding and mediation shall be shared
19equally between the employer and the exclusive bargaining
20agent, provided that, for purposes of mediation under this Act,
21if either party requests the use of mediation services from the
22Federal Mediation and Conciliation Service, the other party
23shall either join in such request or bear the additional cost
24of mediation services from another source. All other costs and
25expenses of complying with this Section must be borne by the
26party incurring them.



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1    (c-5) If an educational employer or exclusive bargaining
2representative refuses to participate in mediation or fact
3finding when required by this Section, the refusal shall be
4deemed a refusal to bargain in good faith.
5    (d) Nothing in this Act prevents an employer and an
6exclusive bargaining representative from mutually submitting
7to final and binding impartial arbitration unresolved issues
8concerning the terms of a new collective bargaining agreement.
9(Source: P.A. 93-3, eff. 4-16-03; 09700SB0007enr.)
10    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
11    Sec. 13. Strikes.
12    (a) Notwithstanding the existence of any other provision in
13this Act or other law, educational employees employed in school
14districts organized under Article 34 of the School Code shall
15not engage in a strike at any time during the 18 month period
16that commences on the effective date of this amendatory Act of
171995. An educational employee employed in a school district
18organized under Article 34 of the School Code who participates
19in a strike in violation of this Section is subject to
20discipline by the employer. In addition, no educational
21employer organized under Article 34 of the School Code may pay
22or cause to be paid to an educational employee who participates
23in a strike in violation of this subsection any wages or other
24compensation for any period during which an educational
25employee participates in the strike, except for wages or



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1compensation earned before participation in the strike.
2Notwithstanding the existence of any other provision in this
3Act or other law, during the 18-month period that strikes are
4prohibited under this subsection nothing in this subsection
5shall be construed to require an educational employer to submit
6to a binding dispute resolution process.
7    (b) Notwithstanding the existence of any other provision in
8this Act or any other law, educational employees other than
9those employed in a school district organized under Article 34
10of the School Code and, after the expiration of the 18 month
11period that commences on the effective date of this amendatory
12Act of 1995, educational employees in a school district
13organized under Article 34 of the School Code shall not engage
14in a strike except under the following conditions:
15        (1)   they are represented by an exclusive bargaining
16    representative;
17        (2)   mediation has been used without success and, if
18    an impasse has been declared under subsection (a-5) of
19    Section 12 of this Act, at least 14 days have elapsed after
20    the mediator has made public the final offers;
21        (2.5) if fact-finding was invoked pursuant to
22    subsection (a-10) of Section 12 of this Act, at least 30
23    days have elapsed after a fact-finding report has been
24    released for public information;
25        (2.10) for educational employees employed in a school
26    district organized under Article 34 of the School Code, at



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1    least three-fourths of all bargaining unit employees who
2    are members of the exclusive bargaining representative
3    have affirmatively voted to authorize the strike;
4    provided, however, that all members of the exclusive
5    bargaining representative at the time of a strike
6    authorization vote shall be eligible to vote;
7        (3)   at least 10 days have elapsed after a notice of
8    intent to strike has been given by the exclusive bargaining
9    representative to the educational employer, the regional
10    superintendent and the Illinois Educational Labor
11    Relations Board;
12        (4)   the collective bargaining agreement between the
13    educational employer and educational employees, if any,
14    has expired or been terminated; and
15        (5)   the employer and the exclusive bargaining
16    representative have not mutually submitted the unresolved
17    issues to arbitration.
18    If, however, in the opinion of an employer the strike is or
19has become a clear and present danger to the health or safety
20of the public, the employer may initiate in the circuit court
21of the county in which such danger exists an action for relief
22which may include, but is not limited to, injunction. The court
23may grant appropriate relief upon the finding that such clear
24and present danger exists. An unfair practice or other evidence
25of lack of clean hands by the educational employer is a defense
26to such action. Except as provided for in this paragraph, the



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1jurisdiction of the court under this Section is limited by the
2Labor Dispute Act.
3(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98;
5    Section 99. Effective date. This Act takes effect upon
6becoming law or on the effective date of Senate Bill 7 of the
797th General Assembly, whichever is later.