State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_SB0415

      5 ILCS 315/15.2 new
      70 ILCS 3605/28a          from Ch. 111 2/3, par. 328a
      70 ILCS 3605/28a.5 new
      70 ILCS 3615/2.15         from Ch. 111 2/3, par. 702.15
      70 ILCS 3615/2.16         from Ch. 111 2/3, par. 702.16
      70 ILCS 3615/2.18         from Ch. 111 2/3, par. 702.18
      70 ILCS 3615/2.19         from Ch. 111 2/3, par. 702.19
          Amends the Metropolitan Transit Authority Act.    Deletes
      current   provisions   regarding   employees  and  collective
      bargaining agreements.  Provides  that  the  Chicago  Transit
      Board  shall  bargain  collectively and enter into agreements
      with its employees regarding wages, salaries, hours,  working
      conditions,  and  pension  or retirement provisions but shall
      not bargain collectively or  enter  into  written  agreements
      regarding  management  rights.  Provides that if the Board of
      the Regional Transportation Authority does  not  approve  the
      budget,  the  collective  bargaining  agreement shall, rather
      than may, be reopened and the terms shall, rather  than  may,
      be  renegotiated  to  achieve approval of the amended budget.
      Provides guidelines for the Board to follow in the  event  it
      chooses  to  contract transportation or related serves out to
      an independent  contractor  selected  through  a  competitive
      procurement  process.   Amends  the  Regional  Transportation
      Authority Act.  Provides that the RTA shall ensure that every
      employee   of  the  CTA  shall  receive  fair  and  equitable
      protection in terms of labor agreements.  Provides  that  the
      board  of  arbitration  may  not render decisions on inherent
      management rights.  Provides factors the board of arbitration
      shall  consider  in  disputes   regarding   the   making   or
      maintaining of a collective bargaining agreement.  Amends the
      Illinois  Public Labor Relations Act by providing that in the
      case of inconsistencies between that Act and the changes made
      by this amendatory Act, the changes made by  this  amendatory
      Act shall take precedence.  Effective immediately.
                                                     LRB9002729KDks
                                               LRB9002729KDks
 1        AN  ACT concerning public transit systems, amending named
 2    Acts.
 3        WHEREAS, The changes made by  this  amendatory  Act  take
 4    precedence  over any inconsistent or conflicting provision of
 5    the Illinois Public Labor Relations Act or any other statute,
 6    regulation, executive order, collective bargaining agreement,
 7    labor protection agreement, or any arrangement  entered  into
 8    or  imposed  pursuant  to Section 5333(b) of Title 49, United
 9    States Code (formerly Section 13(c) of  the  Federal  Transit
10    Act), or other contractual obligation; and
11        WHEREAS,  The  changes  made by this amendatory Act shall
12    apply to any collective bargaining  agreement  entered  into,
13    renewed,  ratified,  extended, changed, added to, or modified
14    by the Chicago Transit Authority after the effective date  of
15    this amendatory Act; therefore
16        Be  it  enacted  by  the People of the State of Illinois,
17    represented in the General Assembly:
18        Section 5.  The Illinois Public Labor  Relations  Act  is
19    amended by adding Section 15.2 as follows:
20        (5 ILCS 315/15.2 new)
21        Sec.  15.2.   Conflicting  provisions.   In  the  case of
22    inconsistencies or conflicts between this Act and the changes
23    made by  this  amendatory  Act,  the  changes  made  by  this
24    amendatory Act shall take precedence.
25        Section  10.   The  Metropolitan Transit Authority Act is
26    amended by changing 28a and adding Section 28a.5 as follows:
27        (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
28        Sec. 28a.  (a) The Board may deal  with  and  enter  into
                            -2-                LRB9002729KDks
 1    written contracts with the employees of the Authority through
 2    accredited    representatives    of    such    employees   or
 3    representatives of any labor organization authorized  to  act
 4    for   such  employees,  concerning  wages,  salaries,  hours,
 5    working conditions  and  pension  or  retirement  provisions;
 6    provided,  nothing  herein shall be construed to permit hours
 7    of labor in excess of those provided  by  law  or  to  permit
 8    working  conditions  prohibited  by  law.  In case of dispute
 9    over wages, salaries, hours, working conditions,  or  pension
10    or retirement provisions the Board may arbitrate any question
11    or   questions   and   may   agree   with   such   accredited
12    representatives  or labor organization that the decision of a
13    majority of any arbitration board shall  be  final,  provided
14    each  party shall agree in advance to pay half of the expense
15    of such arbitration.
16        No contract or agreement shall be  made  with  any  labor
17    organization,   association,  group  or  individual  for  the
18    employment of  members  of  such  organization,  association,
19    group   or  individual  for  the  construction,  improvement,
20    maintenance, operation or  administration  of  any  property,
21    plant  or facilities under the jurisdiction of the Authority,
22    where such organization,  association,  group  or  individual
23    denies  on  the  ground of race, creed, color, sex, religion,
24    physical or mental handicap unrelated to ability, or national
25    origin membership and equal opportunities for  employment  to
26    any citizen of Illinois.
27        (b)(1)  The  provisions  of  this  paragraph (b) apply to
28    collective  bargaining  agreements,  or  any   part   of   an
29    agreement,    (including    any   modifications,   additions,
30    extensions, or and amendments of existing agreements) entered
31    into on or after the effective date of  this  amendatory  Act
32    January 1, 1984.
33        (2)  Except  as  otherwise provided in paragraph (3), the
34    Board shall  bargain  collectively  and  enter  into  written
                            -3-                LRB9002729KDks
 1    agreements    with    its   employees,   through   accredited
 2    representatives of those employees, with  respect  to  wages,
 3    salaries,   hours,   working   conditions,   and  pension  or
 4    retirement provisions.  Any such agreement shall  be  subject
 5    to being reopened under paragraph (4) of this subsection. The
 6    Board  shall  deal with and enter into written contracts with
 7    their employees, through accredited representatives  of  such
 8    employees  authorized  to  act  for such employees concerning
 9    wages, salaries, hours, working conditions,  and  pension  or
10    retirement  provisions  about  which  a collective bargaining
11    agreement has been entered prior to  the  effective  date  of
12    this  amendatory  Act  of  1983.   Any  such agreement of the
13    Authority shall provide that the agreement may be reopened if
14    the amended budget submitted pursuant to Section 2.18a of the
15    Regional Transportation Authority Act is not approved by  the
16    Board   of   the   Regional  Transportation  Authority.   The
17    agreement may not include a provision requiring  the  payment
18    of  wage  increases  based  on  changes in the Consumer Price
19    Index. The Board shall not have the authority to  enter  into
20    collective  bargaining  agreements  with  respect to inherent
21    management rights, which include such areas of discretion  or
22    policy  as  the  functions  of  the  employer,  standards  of
23    services,  its  overall  budget, the organizational structure
24    and selection of new employees and  direction  of  personnel.
25    Employers, however, shall be required to bargain collectively
26    with regard to policy matters directly affecting wages, hours
27    and terms and conditions of employment, as well as the impact
28    thereon   upon  request  by  employee  representatives.    To
29    preserve   the   rights   of    employers    and    exclusive
30    representatives  which have established collective bargaining
31    relationships or negotiated collective bargaining  agreements
32    prior  to  the effective date of this amendatory Act of 1983,
33    employers shall be  required  to  bargain  collectively  with
34    regard to any matter concerning wages, hours or conditions of
                            -4-                LRB9002729KDks
 1    employment  about  which  they  have  bargained  prior to the
 2    effective date of this amendatory Act of 1983.
 3        (3)  Notwithstanding any  other  provision  of  law,  the
 4    Board shall not have the authority to bargain collectively or
 5    to  enter into a written agreement with respect to matters of
 6    inherent management rights, including the following:
 7             (A)  The organizational structure  or  functions  of
 8        the Authority.
 9             (B)  The  standards  and  level  of  services  to be
10        provided by the Authority.
11             (C)  The  selection,  employment,  assignment,   and
12        promotion  of  officers,  agents,  and  employees  of the
13        Authority.
14             (D)  The hiring and use of part-time employees.
15             (E)  The  direction,   supervision,   control,   and
16        evaluation of the departments, units, and programs of the
17        Authority.
18             (F)  The  classification of the various positions of
19        the  Authority  and  the  determination  of  duties   and
20        standards of productivity for those positions.
21             (G)  The  development and determination of levels of
22        staffing and training.
23             (H)  The determination of whether and when employees
24        should be furloughed or laid off (including the  category
25        or  classification  of employees affected) due to lack of
26        work, lack of funding,  decisions  regarding  contracting
27        out, or termination of services.
28             (I)  The decision to contract with a third party for
29        one  or more services otherwise performed by employees in
30        a bargaining unit,  the  procedures  for  obtaining  that
31        contract  or  the  identity  of  the third party, and the
32        impact of the decision on  individual  employees  or  the
33        bargaining unit.
34             (J)  The assignment and apportionment of overtime.
                            -5-                LRB9002729KDks
 1        In  addition,  the  Board shall not have the authority to
 2    enter into any agreement that includes a provision  requiring
 3    the  payment  of  wage  increases  based  upon changes in the
 4    Consumer Price  Index  or  similar  indices.  The  collective
 5    bargaining agreement may not include a prohibition on the use
 6    of  part-time  operators on any service operated by or funded
 7    by the Board, except where prohibited by federal law.
 8        (4)  Within 30 days of the signing of any such collective
 9    bargaining agreement, and within 30 days of the  commencement
10    of  any  subsequent  year  of  any such collective bargaining
11    agreement, the  Board  shall  determine  the  costs  of  each
12    provision   of  the  agreement,  prepare  an  amended  budget
13    incorporating the costs of the  agreement,  and  present  the
14    amended  budget  to  the Board of the Regional Transportation
15    Authority for its approval under Section 4.11 of the Regional
16    Transportation Act.  The Board of the Regional Transportation
17    Authority may approve the amended budget  by  an  affirmative
18    vote  of  two-thirds of its then Directors.  If the budget is
19    not approved by the  Board  of  the  Regional  Transportation
20    Authority,  the agreement shall may be reopened and its terms
21    shall may be renegotiated if necessary to achieve approval of
22    the  amended  budget   by   the   Board   of   the   Regional
23    Transportation  Authority.   Any  amended budget which may be
24    prepared following renegotiation shall be  presented  to  the
25    Board  of  the  Regional  Transportation  Authority  for  its
26    approval in like manner.
27    (Source: P.A. 83-886.)
28        (70 ILCS 3605/28a.5 new)
29        Sec.    28a.5.  Labor    participation   in   competitive
30    procurement of services.
31        (a)  Whenever the Board of the Authority determines  that
32    any  transportation or related services provided by employees
33    of the Authority should be contracted out to  an  independent
                            -6-                LRB9002729KDks
 1    contractor   selected   through   a  competitive  procurement
 2    process, the Authority shall comply with  the  provisions  of
 3    this Section.
 4        (b)  The  competitive  process  for  the  procurement  of
 5    transportation  or  related  services  shall  be conducted in
 6    accordance with all applicable State and Federal requirements
 7    and carried out in a manner to assure the  maximum  free  and
 8    open  competition  among interested parties.  The request for
 9    proposals or related documents shall specify  the  evaluation
10    factors   to  be  used  in  the  determination  of  the  most
11    advantageous proposal and shall identify the relative  weight
12    or order of importance of those factors, including the weight
13    or  value  to  be  given to the cost or price element of each
14    proposal.  The Authority may make its selection on the  basis
15    of  the  initial proposals submitted, or on the basis of best
16    and final offers submitted by those proposers  determined  to
17    be  within the competitive range in their initial submission.
18    The proposal shall be awarded to the proposer whose  proposal
19    is most advantageous to the Authority after considering price
20    and the other factors specified in the request for proposals.
21        (c)  (1)  After  consulting  the  appropriate  accredited
22    representatives of its employees, the Authority shall provide
23    appropriate information to those representatives for purposes
24    of  encouraging  and  assisting the Authority's employees and
25    their representatives to submit a  proposal  to  provide  the
26    services  being  procurred.  The Authority shall consider any
27    proposal submitted by the employees or their  representatives
28    on  the  same  basis  as  all other proposals.  A proposal by
29    employees or their representatives may be  made  as  a  joint
30    venture with other persons.
31        (2)  Any  accredited  representative  of  the Authority's
32    employees may,  at  any  time  before  the  date  procurement
33    proposals   are  due,  propose  amendments  to  any  relevant
34    collective bargaining agreement to which it is  a  party  for
                            -7-                LRB9002729KDks
 1    purposes   of  improving  the  cost  competitiveness  of  the
 2    representative's  proposal.    Those  amendments  shall  take
 3    effect only if the representative's proposal is  selected  by
 4    the Authority for award.
 5        (d)  (1)  Whenever the Authority decides to competitively
 6    procure transportation or related services, it shall  prepare
 7    a  written  estimate  of the cost of providing those services
 8    under existing conditions with regular  Authority  employees.
 9    The  estimate  shall  include  all direct and indirect costs,
10    including pension, benefits, and insurance, and an  allocable
11    share  of  the  fixed  costs  associated  with  the  services
12    involved.
13        (2)  After  the Authority has selected the party to which
14    it proposes  to  award  the  contract,  it  shall  conduct  a
15    comprehensive  written  analysis  of  the  contract costs for
16    purposes of comparing the costs of operating  services  under
17    the  proposed contract with its written estimate of the costs
18    of providing those services under  existing  conditions  with
19    Authority personnel.
20        (3)  In  any  case  in  which  the  Authority  conducts a
21    competitive procurement of services under  this  Section  and
22    subsequently  decides  to  continue to provide those services
23    under existing conditions with  Authority  personnel,  rather
24    than   awarding  the  contract  to  a  proposing  party,  the
25    Authority shall first consult with and obtain the concurrence
26    of the Board of the Regional Transportation Authority.
27        (e) Any competitive services contract entered into  under
28    this   Section   shall   include   provisions  requiring  the
29    successful contractor to offer available  employee  positions
30    to  qualified  employees of the Authority whose employment is
31    terminated directly because of  the  Authority's  competitive
32    procurement  of  the  services  involved; provided that those
33    employees must satisfy the hiring and employment criteria  of
34    the   contractor.    Nothing  in  this  subsection  shall  be
                            -8-                LRB9002729KDks
 1    construed as requiring a successful contractor to  assume  or
 2    apply  the  terms and conditions of any collective bargaining
 3    agreement    between    the    Authority    and    accredited
 4    representatives of the Authority's employees.
 5        Section 15.  The Regional Transportation Authority Act is
 6    amended by changing Sections 2.15, 2.16, 2.18,  and  2.19  as
 7    follows:
 8        (70 ILCS 3615/2.15) (from Ch. 111 2/3, par. 702.15)
 9        Sec.    2.15.   Policy   With   Respect   to   Protective
10    Arrangements, Collective Bargaining and Labor Relations.
11        It is the intent of this Act that:
12        (a)  The Authority shall insure that  every  employee  of
13    the  Authority  and  every employee of a Service Board (other
14    than the Chicago Transit Authority) or transportation  agency
15    shall  receive  fair and equitable protection against actions
16    of  the  Authority  which  shall  not  be  less  than   those
17    established  pursuant  to  Section  13  (c) of the Urban Mass
18    Transportation Act of 1964, as amended (49 U.S.C.  Sec.  1609
19    (c), and Section 405 (b) of the Rail Passenger Service Act of
20    1970,  as  amended (45 U.S.C. Sec. 565 (b), and as prescribed
21    by the United States Secretary of Labor  thereunder,  at  the
22    time  of  the  protective  agreement  or arbitration decision
23    providing protection.
24        (b)  There  shall  be  no  limitation   on   freedom   of
25    association  among  employees of the Authority nor any denial
26    of the  right  of  employees  to  join  or  support  a  labor
27    organization    and    to    bargain   collectively   through
28    representatives of their own choosing.
29        (c)  The    Authority    and    the    duly    accredited
30    representatives of employees shall  have  the  obligation  to
31    bargain  collectively  in good faith, and the Authority shall
32    have the power and duty  to  enter  into  written  collective
                            -9-                LRB9002729KDks
 1    bargaining agreements with such representatives.
 2    (Source: P.A. 83-886.)
 3        (70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16)
 4        Sec. 2.16. Employee Protection.
 5        (a)  The  Authority  shall  insure that every employee of
 6    the Authority or of a Service Board (other than  the  Chicago
 7    Transit  Authority)  or  transportation  agency shall receive
 8    fair  and  equitable  protection  against  actions   of   the
 9    Authority  which  shall  not  be  less than those established
10    pursuant to Section 13 (c) of the Urban  Mass  Transportation
11    Act of 1964, as amended (49 U.S.C. Sec. 1609 (c), and Section
12    405 (b) of the Rail Passenger Service Act of 1970, as amended
13    (45  U.S.C.  Sec.  565  (b),  and as prescribed by the United
14    States Secretary of Labor thereunder,  at  the  time  of  the
15    protective   agreement   or  arbitration  decision  providing
16    protection.
17        (b)  The Authority shall negotiate  or  arrange  for  the
18    negotiation  of such fair and equitable employee arrangements
19    with the employees, through their accredited  representatives
20    authorized to act for them. If agreement cannot be reached on
21    the  terms  of  such  protective  arrangement,  any party may
22    submit  any  matter  in  dispute  to  arbitration.  In   such
23    arbitration,  each  party  shall  have  the  right  to select
24    non-voting   arbitration   board   members.   The   impartial
25    arbitrator will  be  selected  by  the  American  Arbitration
26    Association  and  appointed  from  a  current  listing of the
27    membership of  the  National  Academy  of  Arbitrators,  upon
28    request  of  any  party.  The impartial arbitrator's decision
29    shall be final and binding on all parties. Each  party  shall
30    pay   an   equal   proportionate   share   of  the  impartial
31    arbitrator's fees and expenses.
32        (c)  For purposes of Sections 2.15 through 2.19: "actions
33    of the Authority" include its acquisition  and  operation  of
                            -10-               LRB9002729KDks
 1    public  transportation  facilities, the execution of purchase
 2    of service agreements and grant contracts made under this Act
 3    and the  coordination,  reorganization,  combining,  leasing,
 4    merging  of  operations  or  the  expansion or curtailment of
 5    public transportation service or facilities by the Authority,
 6    but does not include a failure or refusal  to  enter  into  a
 7    purchase of service agreement or grant contract.
 8        (d)  The  Authority  shall  ensure that every employee of
 9    the  Chicago  Transit  Authority  shall  receive   fair   and
10    equitable  protection  in  accordance with Section 5333(b) of
11    Title 49, United States Code (formerly Section 13(c)  of  the
12    Federal  Transit Act). Any labor protection agreement entered
13    into,  applied,  imposed,  or  otherwise  utilized   by   the
14    Authority  for  purposes  of  satisfying  the requirements of
15    Section 5333(b) for  those  employees  shall  be  limited  to
16    providing  protection  for any adverse effects upon employees
17    that occur as a result of a transit  project  funded  by  the
18    federal  government under the Federal Transit Act and may not
19    provide labor protection  that  is  generally  applicable  to
20    actions   of  the  Authority.  Any  provision  of  any  labor
21    protection  agreement  executed  by  the  Authority  that  is
22    inconsistent with this subsection shall be void.
23    (Source: P.A. 83-886.)
24        (70 ILCS 3615/2.18) (from Ch. 111 2/3, par. 702.18)
25        Sec. 2.18.  Labor Contracts.
26        (a)  The Authority shall deal with and enter into written
27    contracts with employees of the Authority, through accredited
28    representatives of such employees authorized to act for  such
29    employees   concerning   wages,   salaries,   hours,  working
30    conditions, and pension or retirement provisions. Nothing  in
31    this  Act  shall  be  construed,  however, to permit hours of
32    labor in excess of those  prohibited  by  law  or  to  permit
33    working conditions prohibited by law.
                            -11-               LRB9002729KDks
 1        (b)  Whenever   the   Authority   acquires   the   public
 2    transportation  facilities of a transportation agency, either
 3    in proceeding by eminent domain or  otherwise,  and  operates
 4    such  facilities,  all  employees  actively  engaged  in  the
 5    operation  thereof  shall  be transferred to and appointed as
 6    employees of the Authority, subject to  all  the  rights  and
 7    benefits  of  Sections  2.15  through 2.19, and the Authority
 8    shall assume and observe all applicable labor  contracts  and
 9    pension obligations. These employees shall be given seniority
10    credit  and  sick  leave,  vacation,  insurance,  and pension
11    credits in accordance with the records  or  labor  agreements
12    from   the   acquired   transportation  system.  Members  and
13    beneficiaries of any pension or retirement  system  or  other
14    benefits  established  by  the acquired transportation system
15    shall  continue  to  have   rights,   privileges,   benefits,
16    obligations  and  status  with  respect  to  such established
17    system. The Authority shall assume  the  obligations  of  any
18    transportation  system  acquired  by it with regard to wages,
19    salaries, hours, working conditions, sick leave,  health  and
20    welfare  and  pension  or  retirement  provisions  for  these
21    employees.  The  Authority  and  the employees, through their
22    representatives for  collective  bargaining  purposes,  shall
23    take  whatever  action may be necessary to have pension trust
24    funds   presently   under   the   joint   control   of   such
25    Transportation Agency and the participating employees through
26    their representatives transferred to the trust  funds  to  be
27    established,  maintained,  and  administered  jointly  by the
28    Authority  and  the  participating  employees  through  their
29    representatives.
30        (c)  Whenever the Authority shall take any of the actions
31    specified in Section 2.16 (c), it  shall  do  so  only  after
32    meeting  the  requirements  of Section 2.16, and in addition,
33    whenever the Authority shall acquire and operate  the  public
34    transportation  facilities of a transportation agency engaged
                            -12-               LRB9002729KDks
 1    in the transportation of persons by railroad, it shall do  so
 2    only  in such manner as to insure the continued applicability
 3    to the railroad employees affected thereby of the  provisions
 4    of  all  federal  statutes  then  applicable  to  them  and a
 5    continuation  of   their   existing   collective   bargaining
 6    agreements  until  the  provisions  of said agreements can be
 7    re-negotiated by representatives of  the  Authority  and  the
 8    representatives  of  said  employees  duly designated as such
 9    pursuant to the terms and provisions  of  the  Railway  Labor
10    Act,  as  amended (45 U.S.C. 151 et seq.); provided, however,
11    that nothing in this subsection shall prevent the abandonment
12    of such facilities, or the discontinuance of such  operations
13    pursuant  to  applicable  law,  or  the substitution of other
14    operations or facilities for such operations  or  facilities,
15    whether  by merger, consolidation, coordination or otherwise.
16    In the event new or supplemental operations or facilities are
17    substituted therefor, the provisions of Section 2.19 shall be
18    applicable, and all questions  concerning  the  selection  of
19    forces  to  perform  the  work  of  such  new or supplemental
20    facilities or operations, and whether the Authority shall  be
21    required to insure the continued applicability of the federal
22    statutes  applicable  to  such  employees shall be negotiated
23    and,  if  necessary,  arbitrated,  in  accordance  with   the
24    procedures set forth in subsection 2.19 (a).
25    (Source: P.A. 78-3rd S.S.-5.)
26        (70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19)
27        Sec. 2.19. Labor Relations Procedures.
28        (a)  Whenever  the  Authority  proposes  to operate or to
29    enter  into  a   contract   to   operate   any   new   public
30    transportation  facility which may result in the displacement
31    of employees or the rearrangement of the  working  forces  of
32    the  Authority  or of the Chicago Transit Authority or of any
33    transportation agency, the Authority shall give at  least  90
                            -13-               LRB9002729KDks
 1    days  written  notice  of  such  proposed  operations  to the
 2    representatives of the employees affected and  the  Authority
 3    shall provide for the selection of forces to perform the work
 4    of  that  facility  on  the  basis  of  agreement between the
 5    Authority and the representatives of such employees.  In  the
 6    event  of  failure  to agree, the dispute may be submitted by
 7    the Authority or  by  any  representative  of  the  employees
 8    affected  to  final  and  binding arbitration by an impartial
 9    arbitrator  to  be  selected  by  the  American   Arbitration
10    Association  from  a  current  listing  of arbitrators of the
11    National Academy of Arbitrators.
12        (b)  (1) In case  of  any  labor  dispute  not  otherwise
13    governed  by this Act, by the Labor Management Relations Act,
14    as amended, or by the Railway Labor Act, as  amended,  or  by
15    impasse  resolution  provisions in a collective bargaining or
16    protective agreement involving  the  Authority,  the  Chicago
17    Transit  Authority  or  any transportation agency financed in
18    whole or in part by the Authority and the  employees  of  the
19    Authority  or  of  the  Chicago Transit Authority or any such
20    transportation agency, which is not settled  by  the  parties
21    thereto  within  30  days  from  the  date of commencement of
22    negotiations, either party may request the  assistance  of  a
23    mediator  appointed  by either the State or Federal Mediation
24    and Conciliation Service,  who  shall  seek  to  resolve  the
25    dispute.  In  the  event  that the dispute is not resolved by
26    mediation within a  reasonable  period,  the  mediator  shall
27    certify  to  the parties that an impasse exists. Upon receipt
28    of the mediator's certification, any  party  to  the  dispute
29    may,  within  7 days, submit the dispute to a fact finder who
30    shall be selected by the parties pursuant to the rules of the
31    American Arbitration Association from a  current  listing  of
32    members  of  the  National Academy of Arbitrators supplied by
33    the AAA.  The  fact  finder  shall  have  the  duty  to  hold
34    hearings,  or  otherwise take evidence from the parties under
                            -14-               LRB9002729KDks
 1    such other arrangements as they may agree. Upon completion of
 2    the parties' submissions, the  fact  finder  shall  have  the
 3    power  to issue and make public findings and recommendations,
 4    or to refer the dispute back to the parties  for  such  other
 5    appropriate action as he may recommend. In the event that the
 6    parties do not reach agreement after the issuance of the fact
 7    finder's  report  and  recommendations,  or  in  cases  where
 8    neither  party  requests  fact  finding,  the Authority shall
 9    offer to  submit  the  dispute  to  arbitration  by  a  board
10    composed  of  3  persons, one appointed by the Authority, one
11    appointed  by  the  labor   organization   representing   the
12    employees,  and a third member to be agreed upon by the labor
13    organization and the Authority. The member agreed upon by the
14    labor organization and the Authority shall act as chairman of
15    the board. The determination of the majority of the board  of
16    arbitration  thus  established  shall be final and binding on
17    all matters in dispute. If, after a period of  10  days  from
18    the   date   of   the  appointment  of  the  two  arbitrators
19    representing the Authority and the  labor  organization,  the
20    third   arbitrator   has   not  been  selected,  then  either
21    arbitrator may request the American  Arbitration  Association
22    to  furnish  from  a current listing of the membership of the
23    National Academy of Arbitrators the names of 7  such  members
24    of the National Academy from which the third arbitrator shall
25    be  selected.  The arbitrators appointed by the Authority and
26    the labor organization, promptly after the  receipt  of  such
27    list,  shall  determine  by lot the order of elimination, and
28    thereafter each shall in that order alternately eliminate one
29    name until only one name remains. The remaining person on the
30    list shall be the third  arbitrator.  The  third  arbitrator,
31    whether agreed on by the labor organization and the Authority
32    or  selected  from the AAA list, shall be a legal resident of
33    the State and experienced in State and local finance.
34        (2)  The  board  of   arbitration   described   in   this
                            -15-               LRB9002729KDks
 1    subsection  may  not  render a decision on any matter that is
 2    identified as an inherent management  right  under  paragraph
 3    (3)  of  subsection (b) of the Metropolitan Transit Authority
 4    Act.  In making  its  determination  for  the  resolution  of
 5    matters  in  dispute regarding the making or maintaining of a
 6    collective bargaining agreement,  the  board  of  arbitration
 7    shall take into consideration the following factors:
 8             (A)  The stipulations of the parties.
 9             (B)  The  financial condition of the transit system,
10        the ability of the Authority to  administer  and  finance
11        the  existing  system  and  the issues proposed in a cost
12        efficient manner, and the interest  and  welfare  of  the
13        public.
14             (C)  A comparison of the wages, hours, and terms and
15        conditions   of   employment   of  the  transit  system's
16        employees  with  those  of  other  public   and   private
17        employees  doing  comparable  work  in systems of similar
18        fleet and workforce size.
19             (D)  The overall compensation presently received  by
20        the  transit  system's employees, including wages, hours,
21        and terms and conditions of employment, and all  medical,
22        insurance, pension, and fringe benefits received.
23             (E)  The  amount,  if any, of any fare increase that
24        would  be  necessary  to  provide  the  wage  or  benefit
25        increase sought by the transit  system's  employees,  and
26        the ability of the public to bear the fare increase.
27             (F)  The  impact  of  the  issues  proposed  on  the
28        current level of services and the impact on the public of
29        any decrease in the level of services.
30             (G)  Collective  bargaining  agreements  between the
31        parties.
32             (H)  The estimates and trends for future  sales  tax
33        receipts and other revenue sources of the Authority.
34             (I)  Other  factors  not confined to those listed in
                            -16-               LRB9002729KDks
 1        this item (2) that are normally and  traditionally  taken
 2        into  consideration  in determination of issues submitted
 3        to mutually agreed upon dispute settlement procedures  in
 4        public service or private employment.
 5        (3)  The  term "labor dispute" shall be broadly construed
 6    and shall include any controversy concerning wages, salaries,
 7    hours, working conditions, or benefits, including health  and
 8    welfare,  sick  leave,  insurance,  or  pension or retirement
 9    provisions,  but  not  limited  thereto,  and  including  any
10    controversy concerning any differences or questions that  may
11    arise  between  the  parties including but not limited to the
12    making or maintaining of  collective  bargaining  agreements,
13    the  terms  to  be  included  in  such  agreements,  and  the
14    interpretation  or  application of such collective bargaining
15    agreements and any grievance that may arise. Each party shall
16    pay one-half of the expenses of such arbitration.
17    (Source: P.A. 83-886.)
18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

[ Top ]