State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ][ House Amendment 002 ]

90_HB0896

      5 ILCS 315/14             from Ch. 48, par. 1614
          Amends the Illinois Public Labor Relations Act  to  allow
      arbitration   of   firefighter   residency   requirements  in
      municipalities with a population under 1,000,000.   Effective
      immediately.
                                                     LRB9003997EGfg
                                               LRB9003997EGfg
 1        AN   ACT   in  relation  to  negotiation  of  firefighter
 2    residency requirements, amending a named Act.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Public Labor Relations Act is
 6    amended by changing Section 14 as follows:
 7        (5 ILCS 315/14) (from Ch. 48, par. 1614)
 8        Sec.  14.  Security  Employee,  Peace  Officer  and  Fire
 9    Fighter Disputes.
10        (a) In  the  case  of  collective  bargaining  agreements
11    involving  units  of security employees of a public employer,
12    Peace Officer Units, or units of fire fighters or paramedics,
13    and in the case of disputes  under  Section  18,  unless  the
14    parties  mutually  agree  to some other time limit, mediation
15    shall commence 30 days prior to the expiration date  of  such
16    agreement  or  at  such  later time as the mediation services
17    chosen under subsection (b) of Section 12 can be provided  to
18    the  parties.  In  the  case  of  negotiations for an initial
19    collective bargaining  agreement,  mediation  shall  commence
20    upon  15  days notice from either party or at such later time
21    as the mediation services chosen pursuant to  subsection  (b)
22    of  Section  12  can be provided to the parties. In mediation
23    under this Section, if  either  party  requests  the  use  of
24    mediation   services   from   the   Federal   Mediation   and
25    Conciliation  Service,  the  other party shall either join in
26    such  request  or  bear  the  additional  cost  of  mediation
27    services from another source.  The mediator shall have a duty
28    to keep the Board informed on the progress of the  mediation.
29    If any dispute has not been resolved within 15 days after the
30    first meeting of the parties and the mediator, or within such
31    other  time  limit  as  may  be  mutually  agreed upon by the
                            -2-                LRB9003997EGfg
 1    parties, either the exclusive representative or employer  may
 2    request  of  the  other,  in  writing, arbitration, and shall
 3    submit a copy of the request to the Board.
 4        (b)  Within 10 days after such a request for  arbitration
 5    has  been  made, the employer shall choose a delegate and the
 6    employees' exclusive representative shall choose  a  delegate
 7    to  a  panel of arbitration as provided in this Section.  The
 8    employer and employees shall forthwith advise the  other  and
 9    the Board of their selections.
10        (c)  Within  7  days  of the request of either party, the
11    Board shall select from the Public Employees Labor  Mediation
12    Roster  7  persons who are on the labor arbitration panels of
13    either the American Arbitration Association  or  the  Federal
14    Mediation and Conciliation Service, or who are members of the
15    National  Academy  of  Arbitrators, as nominees for impartial
16    arbitrator of the arbitration panel.  The parties may  select
17    an  individual on the list provided by the Board or any other
18    individual mutually agreed upon by  the  parties.   Within  7
19    days  following  the  receipt  of the list, the parties shall
20    notify the Board of the person they  have  selected.   Unless
21    the  parties  agree on an alternate selection procedure, they
22    shall alternatively strike one name from the list provided by
23    the Board until only one name remains.   A  coin  toss  shall
24    determine  which  party  shall strike the first name.  If the
25    parties fail to notify the Board in a timely manner of  their
26    selection  for  neutral  chairman,  the Board shall appoint a
27    neutral  chairman  from   the   Illinois   Public   Employees
28    Mediation/Arbitration Roster.
29        (d)  The chairman shall call a hearing to begin within 15
30    days  and give reasonable notice of the time and place of the
31    hearing.  The hearing shall be held at  the  offices  of  the
32    Board   or   at  such  other  location  as  the  Board  deems
33    appropriate.  The chairman shall preside over the hearing and
34    shall take testimony.  Any oral or documentary  evidence  and
                            -3-                LRB9003997EGfg
 1    other  data  deemed  relevant by the arbitration panel may be
 2    received in evidence.  The  proceedings  shall  be  informal.
 3    Technical   rules   of  evidence  shall  not  apply  and  the
 4    competency of  the  evidence  shall  not  thereby  be  deemed
 5    impaired.  A verbatim record of the proceedings shall be made
 6    and  the arbitrator shall arrange for the necessary recording
 7    service.  Transcripts may be ordered at the  expense  of  the
 8    party  ordering  them,  but  the  transcripts  shall  not  be
 9    necessary  for  a  decision  by  the  arbitration panel.  The
10    expense of the proceedings, including a fee for the chairman,
11    established in advance by the Board, shall be  borne  equally
12    by  each  of  the  parties to the dispute.  The delegates, if
13    public officers or employees, shall continue on  the  payroll
14    of  the  public  employer  without  loss of pay.  The hearing
15    conducted by the arbitration panel may be adjourned from time
16    to time, but unless otherwise agreed by the parties, shall be
17    concluded within 30 days of the  time  of  its  commencement.
18    Majority actions and rulings shall constitute the actions and
19    rulings  of  the  arbitration panel.  Arbitration proceedings
20    under this Section shall not be interrupted or terminated  by
21    reason  of  any  unfair labor practice charge filed by either
22    party at any time.
23        (e)  The arbitration panel may administer oaths,  require
24    the  attendance  of  witnesses,  and  the  production of such
25    books, papers, contracts, agreements and documents as may  be
26    deemed  by  it material to a just determination of the issues
27    in dispute, and for such purpose may issue subpoenas.  If any
28    person refuses to obey a subpoena, or refuses to be sworn  or
29    to testify, or if any witness, party or attorney is guilty of
30    any   contempt  while  in  attendance  at  any  hearing,  the
31    arbitration panel may, or the attorney general  if  requested
32    shall,  invoke  the  aid  of  any  circuit  court  within the
33    jurisdiction in which the hearing is being held, which  court
34    shall  issue  an  appropriate order.  Any failure to obey the
                            -4-                LRB9003997EGfg
 1    order may be punished by the court as contempt.
 2        (f)  At any time before the rendering of  an  award,  the
 3    chairman  of  the  arbitration panel, if he is of the opinion
 4    that it would be useful or beneficial to do  so,  may  remand
 5    the  dispute to the parties for further collective bargaining
 6    for a period not to  exceed  2  weeks.   If  the  dispute  is
 7    remanded   for   further   collective   bargaining  the  time
 8    provisions of this Act shall be extended for  a  time  period
 9    equal  to  that  of the remand.  The chairman of the panel of
10    arbitration shall notify the Board of the remand.
11        (g)  At or before the  conclusion  of  the  hearing  held
12    pursuant  to  subsection  (d),  the  arbitration  panel shall
13    identify the economic issues in dispute, and direct  each  of
14    the  parties  to  submit, within such time limit as the panel
15    shall prescribe, to the arbitration panel and to  each  other
16    its  last  offer  of  settlement on each economic issue.  The
17    determination of the arbitration panel as to  the  issues  in
18    dispute and as to which of these issues are economic shall be
19    conclusive.   The arbitration panel, within 30 days after the
20    conclusion of the hearing, or such further additional periods
21    to which the parties may agree, shall make  written  findings
22    of  fact  and  promulgate a written opinion and shall mail or
23    otherwise deliver a true copy  thereof  to  the  parties  and
24    their  representatives and to the Board.  As to each economic
25    issue, the arbitration panel shall adopt the  last  offer  of
26    settlement  which,  in  the opinion of the arbitration panel,
27    more nearly complies with the applicable  factors  prescribed
28    in  subsection  (h).   The findings, opinions and order as to
29    all other issues shall be based upon the  applicable  factors
30    prescribed in subsection (h).
31        (h)  Where  there is no agreement between the parties, or
32    where there is  an  agreement  but  the  parties  have  begun
33    negotiations  or  discussions  looking  to a new agreement or
34    amendment of the existing agreement, and wage rates or  other
                            -5-                LRB9003997EGfg
 1    conditions  of  employment  under the proposed new or amended
 2    agreement are in dispute, the arbitration  panel  shall  base
 3    its  findings, opinions and order upon the following factors,
 4    as applicable:
 5             (1)  The lawful authority of the employer.
 6             (2)  Stipulations of the parties.
 7             (3)  The interests and welfare of the public and the
 8        financial ability of the unit of government to meet those
 9        costs.
10             (4)  Comparison of the wages, hours  and  conditions
11        of   employment   of   the   employees  involved  in  the
12        arbitration  proceeding  with  the   wages,   hours   and
13        conditions  of  employment  of other employees performing
14        similar services and with other employees generally:
15                  (A)  In   public   employment   in   comparable
16             communities.
17                  (B)  In  private   employment   in   comparable
18             communities.
19             (5)  The  average  consumer  prices  for  goods  and
20        services, commonly known as the cost of living.
21             (6)  The  overall compensation presently received by
22        the  employees,  including  direct   wage   compensation,
23        vacations, holidays and other excused time, insurance and
24        pensions,   medical  and  hospitalization  benefits,  the
25        continuity and stability  of  employment  and  all  other
26        benefits received.
27             (7)  Changes  in  any of the foregoing circumstances
28        during the pendency of the arbitration proceedings.
29             (8)  Such  other  factors,  not  confined   to   the
30        foregoing, which are normally or traditionally taken into
31        consideration  in  the  determination of wages, hours and
32        conditions of  employment  through  voluntary  collective
33        bargaining,   mediation,   fact-finding,  arbitration  or
34        otherwise between the parties, in the public  service  or
                            -6-                LRB9003997EGfg
 1        in private employment.
 2        (i)  In  the  case  of  peace  officers,  the arbitration
 3    decision shall be limited to wages, hours and  conditions  of
 4    employment  and shall not include the following: i) residency
 5    requirements; ii) the type of equipment, other than uniforms,
 6    issued or  used;  iii)  manning;  iv)  the  total  number  of
 7    employees  employed  by  the  department;  v)  mutual aid and
 8    assistance agreements to other units of government;  and  vi)
 9    the  criterion  pursuant  to  which  force,  including deadly
10    force, can be used; provided, nothing herein  shall  preclude
11    an arbitration decision regarding equipment or manning levels
12    if  such decision is based on a finding that the equipment or
13    manning considerations in a specific work assignment  involve
14    a  serious  risk to the safety of a peace officer beyond that
15    which is inherent in the normal performance of police duties.
16    Limitation of the terms of the arbitration decision  pursuant
17    to  this  subsection  shall  not  be  construed  to limit the
18    factors upon which the decision may be based, as set forth in
19    subsection (h).
20        In the case of fire fighter, and fire department or  fire
21    district paramedic matters, the arbitration decision shall be
22    limited  to wages, hours, and conditions of employment (which
23    may include residency requirements in municipalities  with  a
24    population   under  1,000,000)  and  shall  not  include  the
25    following   matters:    i)    residency    requirements    in
26    municipalities  with  a population of at least 1,000,000; ii)
27    the type of equipment (other than  uniforms and fire  fighter
28    turnout  gear)  issued  or  used;  iii)  the  total number of
29    employees employed by the  department;  iv)  mutual  aid  and
30    assistance  agreements  to  other units of government; and v)
31    the criterion  pursuant  to  which  force,  including  deadly
32    force,  can  be used; provided, however, nothing herein shall
33    preclude an arbitration decision regarding  equipment  levels
34    if  such  decision  is  based on a finding that the equipment
                            -7-                LRB9003997EGfg
 1    considerations  in  a  specific  work  assignment  involve  a
 2    serious risk to the safety of  a  fire  fighter  beyond  that
 3    which  is  inherent in the normal performance of fire fighter
 4    duties.  Limitation of the terms of the arbitration  decision
 5    pursuant  to  this subsection shall not be construed to limit
 6    the facts upon which the decision may be based, as set  forth
 7    in subsection (h).
 8        To preserve historical bargaining rights, this subsection
 9    shall not apply to any provision of a fire fighter collective
10    bargaining   agreement   in  effect  and  applicable  on  the
11    effective date of this Act; provided, however, nothing herein
12    shall  preclude  arbitration  with  respect   to   any   such
13    provision.
14        (j)  Arbitration   procedures   shall  be  deemed  to  be
15    initiated by the filing of a letter requesting  mediation  as
16    required   under   subsection   (a)  of  this  Section.   The
17    commencement  of  a  new  municipal  fiscal  year  after  the
18    initiation of arbitration  procedures  under  this  Act,  but
19    before  the  arbitration  decision, or its enforcement, shall
20    not be deemed to render  a  dispute  moot,  or  to  otherwise
21    impair the jurisdiction or authority of the arbitration panel
22    or  its decision.  Increases in rates of compensation awarded
23    by the arbitration panel may be effective only at  the  start
24    of  the  fiscal  year  next  commencing after the date of the
25    arbitration award.  If a new fiscal year has commenced either
26    since the initiation of arbitration procedures under this Act
27    or since any mutually agreed  extension  of  the  statutorily
28    required period of mediation under this Act by the parties to
29    the  labor  dispute  causing  a  delay  in  the initiation of
30    arbitration, the foregoing limitations shall be inapplicable,
31    and  such  awarded  increases  may  be  retroactive  to   the
32    commencement of the fiscal year, any other statute or charter
33    provisions  to the contrary, notwithstanding. At any time the
34    parties, by stipulation, may amend  or  modify  an  award  of
                            -8-                LRB9003997EGfg
 1    arbitration.
 2        (k)  Orders of the arbitration panel shall be reviewable,
 3    upon  appropriate  petition  by either the public employer or
 4    the exclusive bargaining representative, by the circuit court
 5    for the county in which the  dispute  arose  or  in  which  a
 6    majority  of  the  affected  employees  reside,  but only for
 7    reasons that the arbitration panel was  without  or  exceeded
 8    its   statutory   authority;   the  order  is  arbitrary,  or
 9    capricious; or the order was procured by fraud, collusion  or
10    other  similar and unlawful means.  Such petitions for review
11    must be filed with the appropriate circuit  court  within  90
12    days  following  the  issuance of the arbitration order.  The
13    pendency  of   such   proceeding   for   review   shall   not
14    automatically  stay  the order of the arbitration panel.  The
15    party against whom the final decision of any such court shall
16    be adverse, if such court finds such appeal or petition to be
17    frivolous, shall pay reasonable attorneys' fees and costs  to
18    the  successful  party  as  determined  by  said court in its
19    discretion. If said court's decision  affirms  the  award  of
20    money, such award, if retroactive, shall bear interest at the
21    rate  of  12 percent per annum from the effective retroactive
22    date.
23        (l)  During  the  pendency  of  proceedings  before   the
24    arbitration   panel,   existing   wages,   hours,  and  other
25    conditions of employment shall not be changed  by  action  of
26    either party without the consent of the other but a party may
27    so  consent without prejudice to his rights or position under
28    this Act.  The proceedings are deemed to  be  pending  before
29    the  arbitration  panel  upon  the  initiation of arbitration
30    procedures under this Act.
31        (m)  Security officers of  public  employers,  and  Peace
32    Officers,   Fire   Fighters  and  fire  department  and  fire
33    protection district paramedics, covered by this  Section  may
34    not  withhold  services, nor may public employers lock out or
                            -9-                LRB9003997EGfg
 1    prevent such employees from performing services at any time.
 2        (n)  All of the terms decided  upon  by  the  arbitration
 3    panel  shall  be  included in an agreement to be submitted to
 4    the public employer's governing  body  for  ratification  and
 5    adoption  by  law,  ordinance  or  the equivalent appropriate
 6    means.
 7        The governing body shall review each term decided by  the
 8    arbitration panel.  If the governing body fails to reject one
 9    or  more   terms of the arbitration panel's decision by a 3/5
10    vote of those duly  elected  and  qualified  members  of  the
11    governing body, within 20 days of issuance, or in the case of
12    firefighters  employed  by  a  state  university, at the next
13    regularly scheduled  meeting  of  the  governing  body  after
14    issuance,  such  term  or  terms  shall  become a part of the
15    collective bargaining  agreement  of  the  parties.   If  the
16    governing body affirmatively rejects one or more terms of the
17    arbitration  panel's  decision,  it  must provide reasons for
18    such rejection with respect to each term so rejected,  within
19    20 days of such rejection and the parties shall return to the
20    arbitration  panel  for further proceedings and issuance of a
21    supplemental decision with respect  to  the  rejected  terms.
22    Any  supplemental  decision  by an arbitration panel or other
23    decision maker agreed to by the parties shall be submitted to
24    the  governing  body  for  ratification   and   adoption   in
25    accordance  with  the  procedures and voting requirements set
26    forth in  this  Section.  The  voting  requirements  of  this
27    subsection   shall   apply   to  all  disputes  submitted  to
28    arbitration pursuant  to  this  Section  notwithstanding  any
29    contrary   voting  requirements  contained  in  any  existing
30    collective bargaining agreement between the parties.
31        (o)  If the governing  body  of  the  employer  votes  to
32    reject  the panel's decision, the parties shall return to the
33    panel within 30 days from the issuance  of  the  reasons  for
34    rejection   for   further   proceedings  and  issuance  of  a
                            -10-               LRB9003997EGfg
 1    supplemental  decision.   All  reasonable   costs   of   such
 2    supplemental     proceeding     including    the    exclusive
 3    representative's reasonable attorney's fees,  as  established
 4    by the Board, shall be paid by the employer.
 5        (p)  Notwithstanding  the  provisions of this Section the
 6    employer and exclusive representative  may  agree  to  submit
 7    unresolved   disputes  concerning  wages,  hours,  terms  and
 8    conditions of employment to an alternative  form  of  impasse
 9    resolution.
10    (Source: P.A. 89-195, eff. 7-21-95.)
11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.

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