(5 ILCS 315/15) (from Ch. 48, par. 1615)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 15. Act Takes Precedence. (a) In case of any conflict between the
provisions of this Act and any other law (other than Section 5 of the State Employees Group Insurance Act of 1971 and other than the changes made to the Illinois Pension Code by Public Act 96-889 and other than as provided in Section 7.5), executive order or administrative
regulation relating to wages, hours and conditions of employment and employment
relations, the provisions of this Act or any collective bargaining agreement
negotiated thereunder shall prevail and control.
Nothing in this Act shall be construed to replace or diminish the
rights of employees established by Sections 28 and 28a of the Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 of the Regional Transportation
Authority Act. The provisions of this Act are subject to Section 7.5 of this Act and Section 5 of the State Employees Group Insurance Act of 1971. Nothing in this Act shall be construed to replace the necessity of complaints against a sworn peace officer, as defined in Section 2(a) of the Uniform Peace Officer Disciplinary Act, from having a complaint supported by a sworn affidavit.
(b) Except as provided in subsection (a) above, any collective bargaining
contract between a public employer and a labor organization executed pursuant
to this Act shall supersede any contrary statutes, charters, ordinances, rules
or regulations relating to wages, hours and conditions of employment and
employment relations adopted by the public employer or its agents. Any collective
bargaining agreement entered into prior to the effective date of this Act
shall remain in full force during its duration.
(c) It is the public policy of this State, pursuant to paragraphs (h)
and (i) of Section 6 of Article VII of the Illinois Constitution, that the
provisions of this Act are the exclusive exercise by the State of powers
and functions which might otherwise be exercised by home rule units. Such
powers and functions may not be exercised concurrently, either directly
or indirectly, by any unit of local government, including any home rule
unit, except as otherwise authorized by this Act.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 15. Act Takes Precedence. (a) In case of any conflict between the
provisions of this Act and any other law (other than Section 5 of the State Employees Group Insurance Act of 1971 and other than the changes made to the Illinois Pension Code by this amendatory Act of the 96th General Assembly), executive order or administrative
regulation relating to wages, hours and conditions of employment and employment
relations, the provisions of this Act or any collective bargaining agreement
negotiated thereunder shall prevail and control.
Nothing in this Act shall be construed to replace or diminish the
rights of employees established by Sections 28 and 28a of the Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 of the Regional Transportation
Authority Act. The provisions of this Act are subject to Section 5 of the State Employees Group Insurance Act of 1971. Nothing in this Act shall be construed to replace the necessity of complaints against a sworn peace officer, as defined in Section 2(a) of the Uniform Peace Officer Disciplinary Act, from having a complaint supported by a sworn affidavit.
(b) Except as provided in subsection (a) above, any collective bargaining
contract between a public employer and a labor organization executed pursuant
to this Act shall supersede any contrary statutes, charters, ordinances, rules
or regulations relating to wages, hours and conditions of employment and
employment relations adopted by the public employer or its agents. Any collective
bargaining agreement entered into prior to the effective date of this Act
shall remain in full force during its duration.
(c) It is the public policy of this State, pursuant to paragraphs (h)
and (i) of Section 6 of Article VII of the Illinois Constitution, that the
provisions of this Act are the exclusive exercise by the State of powers
and functions which might otherwise be exercised by home rule units. Such
powers and functions may not be exercised concurrently, either directly
or indirectly, by any unit of local government, including any home rule
unit, except as otherwise authorized by this Act.(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.) |