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(70 ILCS 3615/3B.13) (from Ch. 111 2/3, par. 703B.13)
Sec. 3B.13. Labor. (a) The provisions of this Section apply to collective
bargaining agreements (including extensions and amendments of existing
agreements) entered into on or after January 1, 1984. This Section does not
apply to collective bargaining agreements that are subject to the
provisions of the Railway Labor Act, as now or hereafter amended.
(b) The Commuter Rail Board shall deal with and enter into written
contracts with their employees, through accredited representatives of such
employees authorized to act for such employees concerning wages, salaries,
hours, working conditions,
and pension or retirement provisions about which a collective bargaining
agreement has been entered prior to the effective date of this amendatory
Act of 1983. Any such agreement of the Commuter Rail Board shall provide
that the agreement may be reopened if the amended budget submitted pursuant
to Section 2.18a of this Act is not approved by the Board of the Authority.
The agreement may not include a provision requiring the payment of wage
increases based on changes in the Consumer Price Index.
The Commuter Rail Board shall not have the authority to enter collective
bargaining agreements with respect to inherent management rights which include
such areas of discretion or policy as the functions of the employer, standards
of services, its overall budget, the organizational structure and selection
of new employees and direction of personnel. Employers, however, shall
be required to bargain collectively with regard to policy matters directly
affecting wages, hours and terms and conditions of employment, as well as
the impact thereon, upon request by employee representatives. To preserve
the rights of the Commuter Rail Board and exclusive representatives which
have established collective bargaining relationships or negotiated
collective bargaining agreements prior to the effective date of this
amendatory Act of 1983, the Commuter Rail Board shall be required to
bargain collectively with regard to any matter concerning wages, hours or
conditions of employment about which they have bargained prior to the
effective date of this amendatory Act of 1983.
(c) The collective bargaining agreement may not include a prohibition
on the use of part-time operators on any service operated by the Commuter
Rail Board except where prohibited by federal law.
(d) Within 30 days of the signing of any such collective bargaining
agreement, the Commuter Rail Board shall determine the costs of each
provision of the agreement, prepare an amended budget incorporating the
costs of the agreement, and present the amended budget to the Board of the
Authority for its approval under Section 4.11. The Board may approve the
amended budget by an affirmative vote of 12
of its then Directors. If the
budget is not approved by the Board of the Authority, the agreement may be
reopened and its terms may be renegotiated. Any amended budget which may be
prepared following renegotiation shall be presented to the Board of the
Authority for its approval in like manner.
(Source: P.A. 95-708, eff. 1-18-08.)
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