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90_HB0546 115 ILCS 5/13 from Ch. 48, par. 1713 115 ILCS 5/4.5 rep. Amends the Illinois Educational Labor Relations Act. Repeals provisions added by Public Act 89-15 that establish prohibited subjects of collective bargaining between an educational employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000 and an exclusive representative of the employees of that educational employer. Also eliminates language added by that Public Act that prohibits educational employees employed by the Chicago school district from engaging in strikes for an 18 month period beginning on the effective date of that Public Act and that prohibits payment of compensation to employees participating in a prohibited strike. Effective immediately. LRB9000551THpk LRB9000551THpk 1 AN ACT to amend the Illinois Educational Labor Relations 2 Act by changing Section 13 and repealing Section 4.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Educational Labor Relations Act 6 is amended by changing Section 13 as follows: 7 (115 ILCS 5/13) (from Ch. 48, par. 1713) 8 Sec. 13. Strikes.
(a) Notwithstanding the existence of9 any other provision in this Act or other law,Educational 10 employees employed in school districts organized under11 Article 34 of the School Codeshall not engage in a strike at12 any time during the 18 month period that commences on the13 effective date of this amendatory Act of 1995. An14 educational employee employed in a school district organized15 under Article 34 of the School Code who participates in a16 strike in violation of this Section is subject to discipline17 by the employer. In addition, no educational employer18 organized under Article 34 of the School Code may pay or19 cause to be paid to an educational employee who participates20 in a strike in violation of this subsection any wages or21 other compensation for any period during which an educational22 employee participates in the strike, except for wages or23 compensation earned before participation in the strike.24 Notwithstanding the existence of any other provision in this25 Act or other law, during the 18-month period that strikes are26 prohibited under this subsection nothing in this subsection27 shall be construed to require an educational employer to28 submit to a binding dispute resolution process.29 (b) Notwithstanding the existence of any other provision30 in this Act or any other law, educational employees other31 than those employed in a school district organized under-2- LRB9000551THpk 1 Article 34 of the School Code and, after the expiration of2 the 18 month period that commences on the effective date of3 this amendatory Act of 1995, educational employees in a4 school district organized under Article 34 of the School Code5 shall not engage in a strikeexcept under the following 6 conditions: 7 (1) they are represented by an exclusive 8 bargaining representative; 9 (2) mediation has been used without success; 10 (3) at least 5 days have elapsed after a notice of 11 intent to strike has been given by the exclusive 12 bargaining representative to the educational employer, 13 the regional superintendent and the Illinois Educational 14 Labor Relations Board. 15 (4) the collective bargaining agreement between 16 the educational employer and educational employees, if 17 any, has expired; and 18 (5) the employer and the exclusive bargaining 19 representative have not mutually submitted the unresolved 20 issues to arbitration. 21 If, however, in the opinion of an employer the strike is 22 or has become a clear and present danger to the health or 23 safety of the public, the employer may initiate in the 24 circuit court of the county in which such danger exists an 25 action for relief which may include, but is not limited to, 26 injunction. The court may grant appropriate relief upon the 27 finding that such clear and present danger exists. An unfair 28 practice or other evidence of lack of clean hands by the 29 educational employer is a defense to such action. Except as 30 provided for in this paragraph, the jurisdiction of the court 31 under this Section is limited by the Labor Dispute Act. 32 (Source: P.A. 89-15, eff. 5-30-95.) 33 (115 ILCS 5/4.5 rep.) -3- LRB9000551THpk 1 Section 10. The Illinois Educational Labor Relations Act 2 is amended by repealing Section 4.5. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.
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