State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 002 ][ Conference Committee Report 001 ]

90_SB0469enr

      5 ILCS 315/20             from Ch. 48, par. 1620
          Amends the Illinois Public Labor Relations Act.  Provides
      that the Act does not apply to an entity with  less  than  35
      employees  that  is  created  by  intergovernmental agreement
      under the  Illinois  Constitution  or  the  Intergovernmental
      Cooperation Act.
                                                     LRB9002249PTcw
SB469 Enrolled                                 LRB9002249PTcw
 1        AN  ACT  to amend the Illinois Public Labor Relations Act
 2    by changing Sections 3, 14, 17, and 20.
 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 Sections 3, 14, 17, and 20 as follows:
 7        (5 ILCS 315/3) (from Ch. 48, par. 1603)
 8        (Text of Section before amendment by P.A. 89-685)
 9        Sec. 3.  Definitions.  As used in this  Act,  unless  the
10    context otherwise requires:
11        (a)  "Board"   or  "Governing  Board"  means  either  the
12    Illinois State Labor Relations Board or  the  Illinois  Local
13    Labor Relations Board.
14        (b)  "Collective  bargaining" means bargaining over terms
15    and conditions of employment,  including  hours,  wages,  and
16    other  conditions of employment, as detailed in Section 7 and
17    which are not excluded by Section 4.
18        (c)  "Confidential employee" means an  employee  who,  in
19    the  regular course of his or her duties, assists and acts in
20    a confidential capacity to persons who formulate,  determine,
21    and  effectuate  management  policies  with  regard  to labor
22    relations or who, in the regular course of his or her duties,
23    has  authorized  access  to  information  relating   to   the
24    effectuation   or   review   of   the  employer's  collective
25    bargaining policies.
26        (d)  "Craft employees" means skilled  journeymen,  crafts
27    persons, and their apprentices and helpers.
28        (e)  "Essential  services  employees"  means those public
29    employees  performing  functions  so   essential   that   the
30    interruption or termination of the function will constitute a
31    clear  and  present  danger  to  the health and safety of the
SB469 Enrolled             -2-                 LRB9002249PTcw
 1    persons in the affected community.
 2        (f)  "Exclusive representative", except with  respect  to
 3    non-State  fire  fighters  and  paramedics  employed  by fire
 4    departments and fire protection  districts,  non-State  peace
 5    officers,  and  peace  officers  in  the  Department of State
 6    Police, means  the  labor  organization  that  has  been  (i)
 7    designated  by  the Board as the representative of a majority
 8    of public employees in  an  appropriate  bargaining  unit  in
 9    accordance  with  the  procedures contained in this Act, (ii)
10    historically recognized by  the  State  of  Illinois  or  any
11    political  subdivision  of the State before July 1, 1984 (the
12    effective date of this Act) as the  exclusive  representative
13    of  the employees in an appropriate bargaining unit, or (iii)
14    after  July  1,  1984  (the  effective  date  of  this   Act)
15    recognized  by  an  employer upon evidence, acceptable to the
16    Board, that the labor organization has been designated as the
17    exclusive representative by a majority of the employees in an
18    appropriate bargaining unit.
19        With respect to non-State fire  fighters  and  paramedics
20    employed  by  fire departments and fire protection districts,
21    non-State  peace  officers,  and  peace   officers   in   the
22    Department  of State Police, "exclusive representative" means
23    the labor organization that has been (i)  designated  by  the
24    Board  as  the representative of a majority of peace officers
25    or  fire  fighters  in  an  appropriate  bargaining  unit  in
26    accordance with the procedures contained in  this  Act,  (ii)
27    historically  recognized  by  the  State  of  Illinois or any
28    political subdivision of the State  before  January  1,  1986
29    (the  effective  date  of this amendatory Act of 1985) as the
30    exclusive representative by a majority of the peace  officers
31    or  fire fighters in an appropriate bargaining unit, or (iii)
32    after January 1, 1986 (the effective date of this  amendatory
33    Act  of  1985)  recognized  by  an  employer  upon  evidence,
34    acceptable to the Board, that the labor organization has been
SB469 Enrolled             -3-                 LRB9002249PTcw
 1    designated  as  the exclusive representative by a majority of
 2    the  peace  officers  or  fire  fighters  in  an  appropriate
 3    bargaining unit.
 4        (g)  "Fair share agreement" means  an  agreement  between
 5    the  employer and an employee organization under which all or
 6    any of the employees in  a  collective  bargaining  unit  are
 7    required to pay their proportionate share of the costs of the
 8    collective  bargaining  process, contract administration, and
 9    pursuing matters affecting wages, hours, and other conditions
10    of employment, but not to exceed the amount of dues uniformly
11    required of members. The amount certified  by  the  exclusive
12    representative  shall  not include any fees for contributions
13    related to the election  or  support  of  any  candidate  for
14    political  office.  Nothing  in  this  subsection  (g)  shall
15    preclude   an   employee   from  making  voluntary  political
16    contributions in conjunction  with  his  or  her  fair  share
17    payment.
18        (g-1)  "Fire fighter" means, for the purposes of this Act
19    only,  any person who has been or is hereafter appointed to a
20    fire department or fire protection district or employed by  a
21    state  university  and  sworn or commissioned to perform fire
22    fighter duties or paramedic duties, except that the following
23    persons are not included: part-time fire fighters, auxiliary,
24    reserve or voluntary fire fighters,  including  paid  on-call
25    fire  fighters,  clerks  and  dispatchers  or  other civilian
26    employees of a fire department or  fire  protection  district
27    who  are  not  routinely  expected  to  perform  fire fighter
28    duties, or elected officials.
29        (g-2)  "General Assembly of the State of Illinois"  means
30    the  legislative  branch  of  the  government of the State of
31    Illinois,  as  provided  for  under   Article   IV   of   the
32    Constitution  of  the  State of Illinois, and includes but is
33    not limited to the House of Representatives, the Senate,  the
34    Speaker  of the House of Representatives, the Minority Leader
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 1    of the House of Representatives, the President of the Senate,
 2    the Minority Leader of the Senate,  the  Joint  Committee  on
 3    Legislative  Support  Services  and  any  legislative support
 4    services  agency  listed  in   the   Legislative   Commission
 5    Reorganization Act of 1984.
 6        (h)  "Governing  body"  means,  in the case of the State,
 7    the  State  Labor  Relations  Board,  the  Director  of   the
 8    Department  of  Central Management Services, and the Director
 9    of the Department of Labor; the county board in the case of a
10    county;  the  corporate  authorities  in  the   case   of   a
11    municipality;  and the appropriate body authorized to provide
12    for expenditures of its funds in the case of any  other  unit
13    of government.
14        (i)  "Labor organization" means any organization in which
15    public employees participate and that exists for the purpose,
16    in  whole  or  in  part,  of  dealing  with a public employer
17    concerning wages, hours, and other terms  and  conditions  of
18    employment, including the settlement of grievances.
19        (j)  "Managerial  employee"  means  an  individual who is
20    engaged predominantly in executive and  management  functions
21    and  is  charged  with  the  responsibility  of directing the
22    effectuation of management policies and practices.
23        (k)  "Peace officer" means, for the purposes of this  Act
24    only, any persons who have been or are hereafter appointed to
25    a   police   force,   department,  or  agency  and  sworn  or
26    commissioned  to  perform  police  duties,  except  that  the
27    following  persons  are  not   included:   part-time   police
28    officers,   special  police  officers,  auxiliary  police  as
29    defined by Section 3.1-30-20 of the Illinois Municipal  Code,
30    night   watchmen,  "merchant  police",  temporary  employees,
31    traffic guards or wardens, civilian parking meter and parking
32    facilities personnel or other individuals specially appointed
33    to aid or  direct  traffic  at  or  near  schools  or  public
34    functions  or  to  aid  in civil defense or disaster, parking
SB469 Enrolled             -5-                 LRB9002249PTcw
 1    enforcement employees  who  are  not  commissioned  as  peace
 2    officers  and  who  are  not  armed and who are not routinely
 3    expected to effect arrests, parking  lot  attendants,  clerks
 4    and  dispatchers  or  other  civilian  employees  of a police
 5    department who are not routinely expected to effect  arrests,
 6    or elected officials.
 7        (l)  "Person"  includes  one  or  more individuals, labor
 8    organizations, public employees, associations,  corporations,
 9    legal  representatives,  trustees,  trustees  in  bankruptcy,
10    receivers,   or  the  State  of  Illinois  or  any  political
11    subdivision of the State or  governing  body,  but  does  not
12    include  the General Assembly of the State of Illinois or any
13    individual employed by the General Assembly of the  State  of
14    Illinois.
15        (m)  "Professional  employee"  means any employee engaged
16    in work predominantly intellectual and  varied  in  character
17    rather  than  routine  mental, manual, mechanical or physical
18    work; involving the consistent  exercise  of  discretion  and
19    adjustment  in  its performance; of such a character that the
20    output  produced  or  the  result  accomplished   cannot   be
21    standardized  in  relation  to  a  given  period of time; and
22    requiring  advanced  knowledge  in  a  field  of  science  or
23    learning  customarily  acquired  by  a  prolonged  course  of
24    specialized  intellectual  instruction  and   study   in   an
25    institution   of   higher   learning   or   a   hospital,  as
26    distinguished from  a  general  academic  education  or  from
27    apprenticeship or from training in the performance of routine
28    mental,  manual,  or  physical processes; or any employee who
29    has  completed  the  courses  of   specialized   intellectual
30    instruction  and  study prescribed in this subsection (m) and
31    is  performing  related  work  under  the  supervision  of  a
32    professional person  to  qualify  to  become  a  professional
33    employee as defined in this subsection (m).
34        (n)  "Public employee" or "employee", for the purposes of
SB469 Enrolled             -6-                 LRB9002249PTcw
 1    this Act, means any individual employed by a public employer,
 2    including  interns  and  residents  at  public hospitals, but
 3    excluding all of the  following:  employees  of  the  General
 4    Assembly   of  the  State  of  Illinois;  elected  officials;
 5    executive  heads  of  a  department;  members  of  boards  or
 6    commissions; employees of any  agency,  board  or  commission
 7    created  by  this Act; employees appointed to State positions
 8    of a temporary or emergency nature; all employees  of  school
 9    districts    and   higher   education   institutions   except
10    firefighters  and  peace  officers  employed   by   a   state
11    university;   managerial   employees;  short-term  employees;
12    confidential   employees;   independent   contractors;    and
13    supervisors except as provided in this Act.
14        Notwithstanding  Section  9, subsection (c), or any other
15    provisions of this Act, all peace officers above the rank  of
16    captain   in   municipalities   with   more   than  1,000,000
17    inhabitants shall be excluded from this Act.
18        (o)  "Public employer" or "employer" means the  State  of
19    Illinois;  any  political  subdivision  of the State, unit of
20    local government or school  district;  authorities  including
21    departments,  divisions,  bureaus,  boards,  commissions,  or
22    other  agencies  of  the  foregoing  entities; and any person
23    acting within the scope of his or her authority,  express  or
24    implied,  on  behalf  of  those  entities in dealing with its
25    employees. "Public employer" or "employer" as  used  in  this
26    Act, however, does not mean and shall not include the General
27    Assembly  of  the State of Illinois and educational employers
28    or employers as defined in  the  Illinois  Educational  Labor
29    Relations  Act,  except with respect to a state university in
30    its employment of firefighters  and  peace  officers.  County
31    boards  and  county  sheriffs shall be designated as joint or
32    co-employers of county peace  officers  appointed  under  the
33    authority  of  a  county sheriff.  Nothing in this subsection
34    (o) shall be construed to prevent  the  State  Board  or  the
SB469 Enrolled             -7-                 LRB9002249PTcw
 1    Local  Board  from  determining  that  employers are joint or
 2    co-employers.
 3        (p)  "Security  employee"  means  an  employee   who   is
 4    responsible  for  the  supervision  and control of inmates at
 5    correctional  facilities.   The  term  also  includes   other
 6    non-security   employees   in  bargaining  units  having  the
 7    majority of employees being responsible for  the  supervision
 8    and control of inmates at correctional facilities.
 9        (q)  "Short-term  employee"  means  an  employee  who  is
10    employed for less that 2 consecutive calendar quarters during
11    a  calendar year and who does not have a reasonable assurance
12    that he or she will be rehired by the same employer  for  the
13    same service in a subsequent calendar year.
14        (r)  "Supervisor"  is an employee whose principal work is
15    substantially different from that of his or her  subordinates
16    and  who  has  authority, in the interest of the employer, to
17    hire, transfer, suspend, lay off, recall, promote, discharge,
18    direct, reward, or  discipline  employees,  to  adjust  their
19    grievances, or to effectively recommend any of those actions,
20    if  the exercise of that authority is not of a merely routine
21    or clerical  nature,  but  requires  the  consistent  use  of
22    independent   judgment.   Except   with   respect  to  police
23    employment,  the  term  "supervisor"  includes   only   those
24    individuals  who  devote  a preponderance of their employment
25    time  to  exercising  that   authority,   State   supervisors
26    notwithstanding.   In  addition,  in  determining supervisory
27    status in police employment, rank shall not be determinative.
28    The Board shall consider,  as  evidence  of  bargaining  unit
29    inclusion  or  exclusion, the common law enforcement policies
30    and  relationships   between   police   officer   ranks   and
31    certification under applicable civil service law, ordinances,
32    personnel  codes,  or  Division  2.1  of  Article  10  of the
33    Illinois Municipal Code, but these factors shall not  be  the
34    sole  or  predominant  factors  considered  by  the  Board in
SB469 Enrolled             -8-                 LRB9002249PTcw
 1    determining police supervisory status.
 2        Notwithstanding   the   provisions   of   the   preceding
 3    paragraph, in determining supervisory status in fire  fighter
 4    employment, no fire fighter shall be excluded as a supervisor
 5    who  has established representation rights under Section 9 of
 6    this Act.  Further, in  new  fire  fighter  units,  employees
 7    shall consist of fire fighters of the rank of company officer
 8    and  below.  If  a  company  officer otherwise qualifies as a
 9    supervisor under the preceding paragraph, however, he or  she
10    shall  not be included in the fire fighter unit.  If there is
11    no rank  between  that  of  chief  and  the  highest  company
12    officer,  the employer may designate a position on each shift
13    as  a  Shift  Commander,  and  the  persons  occupying  those
14    positions shall be supervisors.  All other ranks  above  that
15    of company officer shall be supervisors.
16        (s) (1)  "Unit"  means  a class of jobs or positions that
17    are held by employees whose collective interests may suitably
18    be  represented  by  a  labor  organization  for   collective
19    bargaining.   Except  with respect to non-State fire fighters
20    and  paramedics  employed  by  fire  departments   and   fire
21    protection  districts,  non-State  peace  officers, and peace
22    officers in the Department of State Police, a bargaining unit
23    determined by the Board shall not include both employees  and
24    supervisors,  or  supervisors  only,  except  as  provided in
25    paragraph  (2)  of  this  subsection  (s)  and   except   for
26    bargaining  units in existence on July 1, 1984 (the effective
27    date of this Act).  With respect to non-State  fire  fighters
28    and   paramedics   employed  by  fire  departments  and  fire
29    protection districts, non-State  peace  officers,  and  peace
30    officers in the Department of State Police, a bargaining unit
31    determined  by  the  Board shall not include both supervisors
32    and nonsupervisors, or supervisors only, except  as  provided
33    in  paragraph  (2)  of  this  subsection  (s)  and except for
34    bargaining  units  in  existence  on  January  1,  1986  (the
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 1    effective date of this amendatory Act of 1985).  A bargaining
 2    unit determined by the Board to contain peace officers  shall
 3    contain   no  employees  other  than  peace  officers  unless
 4    otherwise  agreed  to  by  the   employer   and   the   labor
 5    organization     or     labor     organizations     involved.
 6    Notwithstanding any other provision of this Act, a bargaining
 7    unit,  including  a  historical  bargaining  unit, containing
 8    sworn peace officers of the Department of  Natural  Resources
 9    (formerly  designated  the  Department of Conservation) shall
10    contain no employees other than  such  sworn  peace  officers
11    upon  the  effective  date  of this amendatory Act of 1990 or
12    upon  the  expiration  date  of  any  collective   bargaining
13    agreement   in   effect  upon  the  effective  date  of  this
14    amendatory  Act  of  1990  covering  both  such  sworn  peace
15    officers and other employees.
16        (2)  Notwithstanding the exclusion  of  supervisors  from
17    bargaining  units  as  provided  in  paragraph  (1)  of  this
18    subsection  (s),  a  public  employer may agree to permit its
19    supervisory  employees  to  form  bargaining  units  and  may
20    bargain with those units.  This Act shall apply if the public
21    employer chooses to bargain under this subsection.
22    (Source: P.A. 89-108, eff.  7-7-95;  89-409,  eff.  11-15-95;
23    89-445, eff. 2-7-96; 89-626, eff. 8-9-96; revised 10-3-96.)
24        (Text of Section after amendment by P.A. 89-685)
25        Sec.  3.  Definitions.   As  used in this Act, unless the
26    context otherwise requires:
27        (a)  "Board"  or  "Governing  Board"  means  either   the
28    Illinois  State  Labor  Relations Board or the Illinois Local
29    Labor Relations Board.
30        (b)  "Collective bargaining" means bargaining over  terms
31    and  conditions  of  employment,  including hours, wages, and
32    other conditions of employment, as detailed in Section 7  and
33    which are not excluded by Section 4.
34        (c)  "Confidential  employee"  means  an employee who, in
SB469 Enrolled             -10-                LRB9002249PTcw
 1    the regular course of his or her duties, assists and acts  in
 2    a  confidential capacity to persons who formulate, determine,
 3    and effectuate  management  policies  with  regard  to  labor
 4    relations or who, in the regular course of his or her duties,
 5    has   authorized   access  to  information  relating  to  the
 6    effectuation  or  review   of   the   employer's   collective
 7    bargaining policies.
 8        (d)  "Craft  employees"  means skilled journeymen, crafts
 9    persons, and their apprentices and helpers.
10        (d-1)  "Dispatcher"  means  a  person  performing   9-1-1
11    public safety telecommunications at a public safety answering
12    point to notify a public safety agency or dispatch a provider
13    of public emergency services.
14        (e)  "Essential  services  employees"  means those public
15    employees  performing  functions  so   essential   that   the
16    interruption or termination of the function will constitute a
17    clear  and  present  danger  to  the health and safety of the
18    persons in the affected community.
19        (f)  "Exclusive representative", except with  respect  to
20    non-State  fire  fighters  and  paramedics  employed  by fire
21    departments and fire protection  districts,  non-State  peace
22    officers,  and  peace  officers  in  the  Department of State
23    Police, means  the  labor  organization  that  has  been  (i)
24    designated  by  the Board as the representative of a majority
25    of public employees in  an  appropriate  bargaining  unit  in
26    accordance  with  the  procedures contained in this Act, (ii)
27    historically recognized by  the  State  of  Illinois  or  any
28    political  subdivision  of the State before July 1, 1984 (the
29    effective date of this Act) as the  exclusive  representative
30    of  the employees in an appropriate bargaining unit, or (iii)
31    after  July  1,  1984  (the  effective  date  of  this   Act)
32    recognized  by  an  employer upon evidence, acceptable to the
33    Board, that the labor organization has been designated as the
34    exclusive representative by a majority of the employees in an
SB469 Enrolled             -11-                LRB9002249PTcw
 1    appropriate bargaining unit.
 2        With respect to non-State fire  fighters  and  paramedics
 3    employed  by  fire departments and fire protection districts,
 4    non-State  peace  officers,  and  peace   officers   in   the
 5    Department  of State Police, "exclusive representative" means
 6    the labor organization that has been (i)  designated  by  the
 7    Board  as  the representative of a majority of peace officers
 8    or  fire  fighters  in  an  appropriate  bargaining  unit  in
 9    accordance with the procedures contained in  this  Act,  (ii)
10    historically  recognized  by  the  State  of  Illinois or any
11    political subdivision of the State  before  January  1,  1986
12    (the  effective  date  of this amendatory Act of 1985) as the
13    exclusive representative by a majority of the peace  officers
14    or  fire fighters in an appropriate bargaining unit, or (iii)
15    after January 1, 1986 (the effective date of this  amendatory
16    Act  of  1985)  recognized  by  an  employer  upon  evidence,
17    acceptable to the Board, that the labor organization has been
18    designated  as  the exclusive representative by a majority of
19    the  peace  officers  or  fire  fighters  in  an  appropriate
20    bargaining unit.
21        (g)  "Fair share agreement" means  an  agreement  between
22    the  employer and an employee organization under which all or
23    any of the employees in  a  collective  bargaining  unit  are
24    required to pay their proportionate share of the costs of the
25    collective  bargaining  process, contract administration, and
26    pursuing matters affecting wages, hours, and other conditions
27    of employment, but not to exceed the amount of dues uniformly
28    required of members. The amount certified  by  the  exclusive
29    representative  shall  not include any fees for contributions
30    related to the election  or  support  of  any  candidate  for
31    political  office.  Nothing  in  this  subsection  (g)  shall
32    preclude   an   employee   from  making  voluntary  political
33    contributions in conjunction  with  his  or  her  fair  share
34    payment.
SB469 Enrolled             -12-                LRB9002249PTcw
 1        (g-1)  "Fire fighter" means, for the purposes of this Act
 2    only,  any person who has been or is hereafter appointed to a
 3    fire department or fire protection district or employed by  a
 4    state  university  and  sworn or commissioned to perform fire
 5    fighter duties or paramedic duties, except that the following
 6    persons are not included: part-time fire fighters, auxiliary,
 7    reserve or voluntary fire fighters,  including  paid  on-call
 8    fire  fighters,  clerks  and  dispatchers  or  other civilian
 9    employees of a fire department or  fire  protection  district
10    who  are  not  routinely  expected  to  perform  fire fighter
11    duties, or elected officials.
12        (g-2)  "General Assembly of the State of Illinois"  means
13    the  legislative  branch  of  the  government of the State of
14    Illinois,  as  provided  for  under   Article   IV   of   the
15    Constitution  of  the  State of Illinois, and includes but is
16    not limited to the House of Representatives, the Senate,  the
17    Speaker  of the House of Representatives, the Minority Leader
18    of the House of Representatives, the President of the Senate,
19    the Minority Leader of the Senate,  the  Joint  Committee  on
20    Legislative  Support  Services  and  any  legislative support
21    services  agency  listed  in   the   Legislative   Commission
22    Reorganization Act of 1984.
23        (h)  "Governing  body"  means,  in the case of the State,
24    the  State  Labor  Relations  Board,  the  Director  of   the
25    Department  of  Central Management Services, and the Director
26    of the Department of Labor; the county board in the case of a
27    county;  the  corporate  authorities  in  the   case   of   a
28    municipality;  and the appropriate body authorized to provide
29    for expenditures of its funds in the case of any  other  unit
30    of government.
31        (i)  "Labor organization" means any organization in which
32    public employees participate and that exists for the purpose,
33    in  whole  or  in  part,  of  dealing  with a public employer
34    concerning wages, hours, and other terms  and  conditions  of
SB469 Enrolled             -13-                LRB9002249PTcw
 1    employment, including the settlement of grievances.
 2        (j)  "Managerial  employee"  means  an  individual who is
 3    engaged predominantly in executive and  management  functions
 4    and  is  charged  with  the  responsibility  of directing the
 5    effectuation of management policies and practices.
 6        (k)  "Peace officer" means, for the purposes of this  Act
 7    only, any persons who have been or are hereafter appointed to
 8    a   police   force,   department,  or  agency  and  sworn  or
 9    commissioned  to  perform  police  duties,  except  that  the
10    following  persons  are  not   included:   part-time   police
11    officers,   special  police  officers,  auxiliary  police  as
12    defined by Section 3.1-30-20 of the Illinois Municipal  Code,
13    night watchmen, "merchant police", court security officers as
14    defined  by  Section 3-6012.1 of the Counties Code, temporary
15    employees, traffic guards or wardens, civilian parking  meter
16    and   parking   facilities  personnel  or  other  individuals
17    specially appointed to aid  or  direct  traffic  at  or  near
18    schools  or  public  functions  or to aid in civil defense or
19    disaster,  parking  enforcement   employees   who   are   not
20    commissioned  as peace officers and who are not armed and who
21    are not routinely expected to  effect  arrests,  parking  lot
22    attendants,   clerks   and   dispatchers  or  other  civilian
23    employees of  a  police  department  who  are  not  routinely
24    expected to effect arrests, or elected officials.
25        (l)  "Person"  includes  one  or  more individuals, labor
26    organizations, public employees, associations,  corporations,
27    legal  representatives,  trustees,  trustees  in  bankruptcy,
28    receivers,   or  the  State  of  Illinois  or  any  political
29    subdivision of the State or  governing  body,  but  does  not
30    include  the General Assembly of the State of Illinois or any
31    individual employed by the General Assembly of the  State  of
32    Illinois.
33        (m)  "Professional  employee"  means any employee engaged
34    in work predominantly intellectual and  varied  in  character
SB469 Enrolled             -14-                LRB9002249PTcw
 1    rather  than  routine  mental, manual, mechanical or physical
 2    work; involving the consistent  exercise  of  discretion  and
 3    adjustment  in  its performance; of such a character that the
 4    output  produced  or  the  result  accomplished   cannot   be
 5    standardized  in  relation  to  a  given  period of time; and
 6    requiring  advanced  knowledge  in  a  field  of  science  or
 7    learning  customarily  acquired  by  a  prolonged  course  of
 8    specialized  intellectual  instruction  and   study   in   an
 9    institution   of   higher   learning   or   a   hospital,  as
10    distinguished from  a  general  academic  education  or  from
11    apprenticeship or from training in the performance of routine
12    mental,  manual,  or  physical processes; or any employee who
13    has  completed  the  courses  of   specialized   intellectual
14    instruction  and  study prescribed in this subsection (m) and
15    is  performing  related  work  under  the  supervision  of  a
16    professional person  to  qualify  to  become  a  professional
17    employee as defined in this subsection (m).
18        (n)  "Public employee" or "employee", for the purposes of
19    this Act, means any individual employed by a public employer,
20    including  interns  and  residents  at  public hospitals, but
21    excluding all of the  following:  employees  of  the  General
22    Assembly   of  the  State  of  Illinois;  elected  officials;
23    executive  heads  of  a  department;  members  of  boards  or
24    commissions; employees of any  agency,  board  or  commission
25    created  by  this Act; employees appointed to State positions
26    of a temporary or emergency nature; all employees  of  school
27    districts    and   higher   education   institutions   except
28    firefighters  and  peace  officers  employed   by   a   state
29    university;   managerial   employees;  short-term  employees;
30    confidential   employees;   independent   contractors;    and
31    supervisors except as provided in this Act.
32        Notwithstanding  Section  9, subsection (c), or any other
33    provisions of this Act, all peace officers above the rank  of
34    captain   in   municipalities   with   more   than  1,000,000
SB469 Enrolled             -15-                LRB9002249PTcw
 1    inhabitants shall be excluded from this Act.
 2        (o)  "Public employer" or "employer" means the  State  of
 3    Illinois;  any  political  subdivision  of the State, unit of
 4    local government or school  district;  authorities  including
 5    departments,  divisions,  bureaus,  boards,  commissions,  or
 6    other  agencies  of  the  foregoing  entities; and any person
 7    acting within the scope of his or her authority,  express  or
 8    implied,  on  behalf  of  those  entities in dealing with its
 9    employees. "Public employer" or "employer" as  used  in  this
10    Act, however, does not mean and shall not include the General
11    Assembly  of  the State of Illinois and educational employers
12    or employers as defined in  the  Illinois  Educational  Labor
13    Relations  Act,  except with respect to a state university in
14    its employment of firefighters  and  peace  officers.  County
15    boards  and  county  sheriffs shall be designated as joint or
16    co-employers of county peace  officers  appointed  under  the
17    authority  of  a  county sheriff.  Nothing in this subsection
18    (o) shall be construed to prevent  the  State  Board  or  the
19    Local  Board  from  determining  that  employers are joint or
20    co-employers.
21        (p)  "Security  employee"  means  an  employee   who   is
22    responsible  for  the  supervision  and control of inmates at
23    correctional  facilities.   The  term  also  includes   other
24    non-security   employees   in  bargaining  units  having  the
25    majority of employees being responsible for  the  supervision
26    and control of inmates at correctional facilities.
27        (q)  "Short-term  employee"  means  an  employee  who  is
28    employed for less that 2 consecutive calendar quarters during
29    a  calendar year and who does not have a reasonable assurance
30    that he or she will be rehired by the same employer  for  the
31    same service in a subsequent calendar year.
32        (r)  "Supervisor"  is an employee whose principal work is
33    substantially different from that of his or her  subordinates
34    and  who  has  authority, in the interest of the employer, to
SB469 Enrolled             -16-                LRB9002249PTcw
 1    hire, transfer, suspend, lay off, recall, promote, discharge,
 2    direct, reward, or  discipline  employees,  to  adjust  their
 3    grievances, or to effectively recommend any of those actions,
 4    if  the exercise of that authority is not of a merely routine
 5    or clerical  nature,  but  requires  the  consistent  use  of
 6    independent   judgment.   Except   with   respect  to  police
 7    employment,  the  term  "supervisor"  includes   only   those
 8    individuals  who  devote  a preponderance of their employment
 9    time  to  exercising  that   authority,   State   supervisors
10    notwithstanding.   In  addition,  in  determining supervisory
11    status in police employment, rank shall not be determinative.
12    The Board shall consider,  as  evidence  of  bargaining  unit
13    inclusion  or  exclusion, the common law enforcement policies
14    and  relationships   between   police   officer   ranks   and
15    certification under applicable civil service law, ordinances,
16    personnel  codes,  or  Division  2.1  of  Article  10  of the
17    Illinois Municipal Code, but these factors shall not  be  the
18    sole  or  predominant  factors  considered  by  the  Board in
19    determining police supervisory status.
20        Notwithstanding   the   provisions   of   the   preceding
21    paragraph, in determining supervisory status in fire  fighter
22    employment, no fire fighter shall be excluded as a supervisor
23    who  has established representation rights under Section 9 of
24    this Act.  Further, in  new  fire  fighter  units,  employees
25    shall consist of fire fighters of the rank of company officer
26    and  below.  If  a  company  officer otherwise qualifies as a
27    supervisor under the preceding paragraph, however, he or  she
28    shall  not be included in the fire fighter unit.  If there is
29    no rank  between  that  of  chief  and  the  highest  company
30    officer,  the employer may designate a position on each shift
31    as  a  Shift  Commander,  and  the  persons  occupying  those
32    positions shall be supervisors.  All other ranks  above  that
33    of company officer shall be supervisors.
34        (s) (1)  "Unit"  means  a class of jobs or positions that
SB469 Enrolled             -17-                LRB9002249PTcw
 1    are held by employees whose collective interests may suitably
 2    be  represented  by  a  labor  organization  for   collective
 3    bargaining.   Except  with respect to non-State fire fighters
 4    and  paramedics  employed  by  fire  departments   and   fire
 5    protection  districts,  non-State  peace  officers, and peace
 6    officers in the Department of State Police, a bargaining unit
 7    determined by the Board shall not include both employees  and
 8    supervisors,  or  supervisors  only,  except  as  provided in
 9    paragraph  (2)  of  this  subsection  (s)  and   except   for
10    bargaining  units in existence on July 1, 1984 (the effective
11    date of this Act).  With respect to non-State  fire  fighters
12    and   paramedics   employed  by  fire  departments  and  fire
13    protection districts, non-State  peace  officers,  and  peace
14    officers in the Department of State Police, a bargaining unit
15    determined  by  the  Board shall not include both supervisors
16    and nonsupervisors, or supervisors only, except  as  provided
17    in  paragraph  (2)  of  this  subsection  (s)  and except for
18    bargaining  units  in  existence  on  January  1,  1986  (the
19    effective date of this amendatory Act of 1985).  A bargaining
20    unit determined by the Board to contain peace officers  shall
21    contain   no  employees  other  than  peace  officers  unless
22    otherwise  agreed  to  by  the   employer   and   the   labor
23    organization     or     labor     organizations     involved.
24    Notwithstanding any other provision of this Act, a bargaining
25    unit,  including  a  historical  bargaining  unit, containing
26    sworn peace officers of the Department of  Natural  Resources
27    (formerly  designated  the  Department of Conservation) shall
28    contain no employees other than  such  sworn  peace  officers
29    upon  the  effective  date  of this amendatory Act of 1990 or
30    upon  the  expiration  date  of  any  collective   bargaining
31    agreement   in   effect  upon  the  effective  date  of  this
32    amendatory  Act  of  1990  covering  both  such  sworn  peace
33    officers and other employees.
34        (2)  Notwithstanding the exclusion  of  supervisors  from
SB469 Enrolled             -18-                LRB9002249PTcw
 1    bargaining  units  as  provided  in  paragraph  (1)  of  this
 2    subsection  (s),  a  public  employer may agree to permit its
 3    supervisory  employees  to  form  bargaining  units  and  may
 4    bargain with those units.  This Act shall apply if the public
 5    employer chooses to bargain under this subsection.
 6    (Source: P.A. 89-108, eff.  7-7-95;  89-409,  eff.  11-15-95;
 7    89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;  89-685,  eff.
 8    6-1-97; revised 1-14-97.)
 9        (5 ILCS 315/14) (from Ch. 48, par. 1614)
10        Sec.  14.  Security  employee,  peace  officer,  and fire
11    fighter, and dispatcher  disputes.
12        (a) In  the  case  of  collective  bargaining  agreements
13    involving  units  of security employees of a public employer,
14    Peace Officer Units, or units of fire fighters or paramedics,
15    or units of dispatchers of a public employer, and in the case
16    of disputes under Section 18,  unless  the  parties  mutually
17    agree  to  some other time limit, mediation shall commence 30
18    days prior to the expiration date of  such  agreement  or  at
19    such  later  time  as  the  mediation  services  chosen under
20    subsection (b) of Section 12 can be provided to the  parties.
21    In  the  case  of  negotiations  for  an  initial  collective
22    bargaining  agreement,  mediation shall commence upon 15 days
23    notice from either  party  or  at  such  later  time  as  the
24    mediation  services  chosen  pursuant  to  subsection  (b) of
25    Section 12 can be provided to the parties. In mediation under
26    this Section, if either party requests the use  of  mediation
27    services from the Federal Mediation and Conciliation Service,
28    the other party shall either join in such request or bear the
29    additional  cost  of  mediation services from another source.
30    The mediator shall have a duty to keep the Board informed  on
31    the  progress  of  the mediation. If any dispute has not been
32    resolved within 15  days  after  the  first  meeting  of  the
33    parties  and the mediator, or within such other time limit as
SB469 Enrolled             -19-                LRB9002249PTcw
 1    may be mutually  agreed  upon  by  the  parties,  either  the
 2    exclusive  representative  or  employer  may  request  of the
 3    other, in writing, arbitration, and shall submit  a  copy  of
 4    the request to the Board.
 5        (b)  Within  10 days after such a request for arbitration
 6    has been made, the employer shall choose a delegate  and  the
 7    employees'  exclusive  representative shall choose a delegate
 8    to a panel of arbitration as provided in this  Section.   The
 9    employer  and  employees shall forthwith advise the other and
10    the Board of their selections.
11        (c)  Within 7 days of the request of  either  party,  the
12    Board  shall select from the Public Employees Labor Mediation
13    Roster 7 persons who are on the labor arbitration  panels  of
14    either  the  American  Arbitration Association or the Federal
15    Mediation and Conciliation Service, or who are members of the
16    National Academy of Arbitrators, as  nominees  for  impartial
17    arbitrator  of the arbitration panel.  The parties may select
18    an individual on the list provided by the Board or any  other
19    individual  mutually  agreed  upon  by the parties.  Within 7
20    days following the receipt of the  list,  the  parties  shall
21    notify  the  Board  of the person they have selected.  Unless
22    the parties agree on an alternate selection  procedure,  they
23    shall alternatively strike one name from the list provided by
24    the  Board  until  only  one name remains.  A coin toss shall
25    determine which party shall strike the first  name.   If  the
26    parties  fail to notify the Board in a timely manner of their
27    selection for neutral chairman, the  Board  shall  appoint  a
28    neutral   chairman   from   the   Illinois  Public  Employees
29    Mediation/Arbitration Roster.
30        (d)  The chairman shall call a hearing to begin within 15
31    days and give reasonable notice of the time and place of  the
32    hearing.   The  hearing  shall  be held at the offices of the
33    Board  or  at  such  other  location  as  the   Board   deems
34    appropriate.  The chairman shall preside over the hearing and
SB469 Enrolled             -20-                LRB9002249PTcw
 1    shall  take  testimony.  Any oral or documentary evidence and
 2    other data deemed relevant by the arbitration  panel  may  be
 3    received  in  evidence.   The  proceedings shall be informal.
 4    Technical  rules  of  evidence  shall  not  apply   and   the
 5    competency  of  the  evidence  shall  not  thereby  be deemed
 6    impaired.  A verbatim record of the proceedings shall be made
 7    and the arbitrator shall arrange for the necessary  recording
 8    service.   Transcripts  may  be ordered at the expense of the
 9    party  ordering  them,  but  the  transcripts  shall  not  be
10    necessary for a  decision  by  the  arbitration  panel.   The
11    expense of the proceedings, including a fee for the chairman,
12    established  in  advance by the Board, shall be borne equally
13    by each of the parties to the dispute.    The  delegates,  if
14    public  officers  or employees, shall continue on the payroll
15    of the public employer without  loss  of  pay.   The  hearing
16    conducted by the arbitration panel may be adjourned from time
17    to time, but unless otherwise agreed by the parties, shall be
18    concluded  within  30  days  of the time of its commencement.
19    Majority actions and rulings shall constitute the actions and
20    rulings of the arbitration  panel.   Arbitration  proceedings
21    under  this Section shall not be interrupted or terminated by
22    reason of any unfair labor practice charge  filed  by  either
23    party at any time.
24        (e)  The  arbitration panel may administer oaths, require
25    the attendance of  witnesses,  and  the  production  of  such
26    books,  papers, contracts, agreements and documents as may be
27    deemed by it material to a just determination of  the  issues
28    in dispute, and for such purpose may issue subpoenas.  If any
29    person  refuses to obey a subpoena, or refuses to be sworn or
30    to testify, or if any witness, party or attorney is guilty of
31    any  contempt  while  in  attendance  at  any  hearing,   the
32    arbitration  panel  may, or the attorney general if requested
33    shall, invoke  the  aid  of  any  circuit  court  within  the
34    jurisdiction  in which the hearing is being held, which court
SB469 Enrolled             -21-                LRB9002249PTcw
 1    shall issue an appropriate order.  Any failure  to  obey  the
 2    order may be punished by the court as contempt.
 3        (f)  At  any  time  before the rendering of an award, the
 4    chairman of the arbitration panel, if he is  of  the  opinion
 5    that  it  would  be useful or beneficial to do so, may remand
 6    the dispute to the parties for further collective  bargaining
 7    for  a  period  not  to  exceed  2  weeks.  If the dispute is
 8    remanded  for  further   collective   bargaining   the   time
 9    provisions  of  this  Act shall be extended for a time period
10    equal to that of the remand.  The chairman of  the  panel  of
11    arbitration shall notify the Board of the remand.
12        (g)  At  or  before  the  conclusion  of the hearing held
13    pursuant to  subsection  (d),  the  arbitration  panel  shall
14    identify  the  economic issues in dispute, and direct each of
15    the parties to submit, within such time limit  as  the  panel
16    shall  prescribe,  to the arbitration panel and to each other
17    its last offer of settlement on  each  economic  issue.   The
18    determination  of  the  arbitration panel as to the issues in
19    dispute and as to which of these issues are economic shall be
20    conclusive.  The arbitration panel, within 30 days after  the
21    conclusion of the hearing, or such further additional periods
22    to  which  the parties may agree, shall make written findings
23    of fact and promulgate a written opinion and  shall  mail  or
24    otherwise  deliver  a  true  copy  thereof to the parties and
25    their representatives and to the Board.  As to each  economic
26    issue,  the  arbitration  panel shall adopt the last offer of
27    settlement which, in the opinion of  the  arbitration  panel,
28    more  nearly  complies with the applicable factors prescribed
29    in subsection (h).  The findings, opinions and  order  as  to
30    all  other  issues shall be based upon the applicable factors
31    prescribed in subsection (h).
32        (h)  Where there is no agreement between the parties,  or
33    where  there  is  an  agreement  but  the  parties have begun
34    negotiations or discussions looking to  a  new  agreement  or
SB469 Enrolled             -22-                LRB9002249PTcw
 1    amendment  of the existing agreement, and wage rates or other
 2    conditions of employment under the proposed  new  or  amended
 3    agreement  are  in  dispute, the arbitration panel shall base
 4    its findings, opinions and order upon the following  factors,
 5    as applicable:
 6             (1)  The lawful authority of the employer.
 7             (2)  Stipulations of the parties.
 8             (3)  The interests and welfare of the public and the
 9        financial ability of the unit of government to meet those
10        costs.
11             (4)  Comparison  of  the wages, hours and conditions
12        of  employment  of  the   employees   involved   in   the
13        arbitration   proceeding   with   the  wages,  hours  and
14        conditions of employment of  other  employees  performing
15        similar services and with other employees generally:
16                  (A)  In   public   employment   in   comparable
17             communities.
18                  (B)  In   private   employment   in  comparable
19             communities.
20             (5)  The  average  consumer  prices  for  goods  and
21        services, commonly known as the cost of living.
22             (6)  The overall compensation presently received  by
23        the   employees,   including  direct  wage  compensation,
24        vacations, holidays and other excused time, insurance and
25        pensions,  medical  and  hospitalization  benefits,   the
26        continuity  and  stability  of  employment  and all other
27        benefits received.
28             (7)  Changes in any of the  foregoing  circumstances
29        during the pendency of the arbitration proceedings.
30             (8)  Such   other   factors,  not  confined  to  the
31        foregoing, which are normally or traditionally taken into
32        consideration in the determination of  wages,  hours  and
33        conditions  of  employment  through  voluntary collective
34        bargaining,  mediation,  fact-finding,   arbitration   or
SB469 Enrolled             -23-                LRB9002249PTcw
 1        otherwise  between  the parties, in the public service or
 2        in private employment.
 3        (i)  In the  case  of  peace  officers,  the  arbitration
 4    decision  shall  be limited to wages, hours and conditions of
 5    employment and shall not include the following: i)  residency
 6    requirements; ii) the type of equipment, other than uniforms,
 7    issued  or  used;  iii)  manning;  iv)  the  total  number of
 8    employees employed by  the  department;  v)  mutual  aid  and
 9    assistance  agreements  to other units of government; and vi)
10    the criterion  pursuant  to  which  force,  including  deadly
11    force,  can  be used; provided, nothing herein shall preclude
12    an arbitration decision regarding equipment or manning levels
13    if such decision is based on a finding that the equipment  or
14    manning  considerations in a specific work assignment involve
15    a serious risk to the safety of a peace officer  beyond  that
16    which is inherent in the normal performance of police duties.
17    Limitation  of the terms of the arbitration decision pursuant
18    to this subsection  shall  not  be  construed  to  limit  the
19    factors upon which the decision may be based, as set forth in
20    subsection (h).
21        In  the case of fire fighter, and fire department or fire
22    district paramedic matters, the arbitration decision shall be
23    limited to wages, hours  and  conditions  of  employment  and
24    shall   not  include  the  following  matters:  i)  residency
25    requirements; ii) the type of equipment (other than  uniforms
26    and fire fighter turnout gear) issued or used; iii) the total
27    number  of  employees  employed by the department; iv) mutual
28    aid and assistance agreements to other units  of  government;
29    and  v)  the  criterion  pursuant  to  which force, including
30    deadly force, can be used; provided, however, nothing  herein
31    shall  preclude  an  arbitration decision regarding equipment
32    levels if such decision  is  based  on  a  finding  that  the
33    equipment   considerations  in  a  specific  work  assignment
34    involve a serious risk to the safety of a fire fighter beyond
SB469 Enrolled             -24-                LRB9002249PTcw
 1    that which is inherent in  the  normal  performance  of  fire
 2    fighter  duties.   Limitation of the terms of the arbitration
 3    decision pursuant to this subsection shall not  be  construed
 4    to  limit  the facts upon which the decision may be based, as
 5    set forth in subsection (h).
 6        To preserve historical bargaining rights, this subsection
 7    shall not apply to any provision of a fire fighter collective
 8    bargaining  agreement  in  effect  and  applicable   on   the
 9    effective date of this Act; provided, however, nothing herein
10    shall   preclude   arbitration   with  respect  to  any  such
11    provision.
12        (j)  Arbitration  procedures  shall  be  deemed   to   be
13    initiated  by  the filing of a letter requesting mediation as
14    required  under  subsection  (a)  of   this   Section.    The
15    commencement  of  a  new  municipal  fiscal  year  after  the
16    initiation  of  arbitration  procedures  under  this Act, but
17    before the arbitration decision, or  its  enforcement,  shall
18    not  be  deemed  to  render  a  dispute moot, or to otherwise
19    impair the jurisdiction or authority of the arbitration panel
20    or its decision.  Increases in rates of compensation  awarded
21    by  the  arbitration panel may be effective only at the start
22    of the fiscal year next commencing  after  the  date  of  the
23    arbitration award.  If a new fiscal year has commenced either
24    since the initiation of arbitration procedures under this Act
25    or  since  any  mutually  agreed extension of the statutorily
26    required period of mediation under this Act by the parties to
27    the labor dispute  causing  a  delay  in  the  initiation  of
28    arbitration, the foregoing limitations shall be inapplicable,
29    and   such  awarded  increases  may  be  retroactive  to  the
30    commencement of the fiscal year, any other statute or charter
31    provisions to the contrary, notwithstanding. At any time  the
32    parties,  by  stipulation,  may  amend  or modify an award of
33    arbitration.
34        (k)  Orders of the arbitration panel shall be reviewable,
SB469 Enrolled             -25-                LRB9002249PTcw
 1    upon appropriate petition by either the  public  employer  or
 2    the exclusive bargaining representative, by the circuit court
 3    for  the  county  in  which  the  dispute arose or in which a
 4    majority of the  affected  employees  reside,  but  only  for
 5    reasons  that  the  arbitration panel was without or exceeded
 6    its  statutory  authority;  the  order   is   arbitrary,   or
 7    capricious;  or the order was procured by fraud, collusion or
 8    other similar and unlawful means.  Such petitions for  review
 9    must  be  filed  with the appropriate circuit court within 90
10    days following the issuance of the  arbitration  order.   The
11    pendency   of   such   proceeding   for   review   shall  not
12    automatically stay the order of the arbitration  panel.   The
13    party against whom the final decision of any such court shall
14    be adverse, if such court finds such appeal or petition to be
15    frivolous,  shall pay reasonable attorneys' fees and costs to
16    the successful party as  determined  by  said  court  in  its
17    discretion.  If  said  court's  decision affirms the award of
18    money, such award, if retroactive, shall bear interest at the
19    rate of 12 percent per annum from the  effective  retroactive
20    date.
21        (l)  During   the  pendency  of  proceedings  before  the
22    arbitration  panel,  existing   wages,   hours,   and   other
23    conditions  of  employment  shall not be changed by action of
24    either party without the consent of the other but a party may
25    so consent without prejudice to his rights or position  under
26    this  Act.   The  proceedings are deemed to be pending before
27    the arbitration panel  upon  the  initiation  of  arbitration
28    procedures under this Act.
29        (m)  Security  officers  of  public  employers, and Peace
30    Officers,  Fire  Fighters,  and  fire  department  and   fire
31    protection  district  paramedics,  and  dispatchers of public
32    employers, covered by this Section may not withhold services,
33    nor may public employers lock out or prevent  such  employees
34    from performing services at any time.
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 1        (n)  All  of  the  terms  decided upon by the arbitration
 2    panel shall be included in an agreement to  be  submitted  to
 3    the  public  employer's  governing  body for ratification and
 4    adoption by law,  ordinance  or  the  equivalent  appropriate
 5    means.
 6        The  governing body shall review each term decided by the
 7    arbitration panel.  If the governing body fails to reject one
 8    or more  terms of the arbitration panel's decision by  a  3/5
 9    vote  of  those  duly  elected  and  qualified members of the
10    governing body, within 20 days of issuance, or in the case of
11    firefighters employed by a  state  university,  at  the  next
12    regularly  scheduled  meeting  of  the  governing  body after
13    issuance, such term or terms  shall  become  a  part  of  the
14    collective  bargaining  agreement  of  the  parties.   If the
15    governing body affirmatively rejects one or more terms of the
16    arbitration panel's decision, it  must  provide  reasons  for
17    such  rejection with respect to each term so rejected, within
18    20 days of such rejection and the parties shall return to the
19    arbitration panel for further proceedings and issuance  of  a
20    supplemental  decision  with  respect  to the rejected terms.
21    Any supplemental decision by an arbitration  panel  or  other
22    decision maker agreed to by the parties shall be submitted to
23    the   governing   body   for  ratification  and  adoption  in
24    accordance with the procedures and  voting  requirements  set
25    forth  in  this  Section.  The  voting  requirements  of this
26    subsection  shall  apply  to  all   disputes   submitted   to
27    arbitration  pursuant  to  this  Section  notwithstanding any
28    contrary  voting  requirements  contained  in  any   existing
29    collective bargaining agreement between the parties.
30        (o)  If  the  governing  body  of  the  employer votes to
31    reject the panel's decision, the parties shall return to  the
32    panel  within  30  days  from the issuance of the reasons for
33    rejection  for  further  proceedings  and   issuance   of   a
34    supplemental   decision.    All   reasonable  costs  of  such
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 1    supplemental    proceeding    including     the     exclusive
 2    representative's  reasonable  attorney's fees, as established
 3    by the Board, shall be paid by the employer.
 4        (p)  Notwithstanding the provisions of this  Section  the
 5    employer  and  exclusive  representative  may agree to submit
 6    unresolved  disputes  concerning  wages,  hours,  terms   and
 7    conditions  of  employment  to an alternative form of impasse
 8    resolution.
 9    (Source: P.A. 89-195, eff. 7-21-95.)
10        (5 ILCS 315/17) (from Ch. 48, par. 1617)
11        Sec. 17.  Right to strike.
12        (a) Nothing in this Act shall make it unlawful or make it
13    an unfair labor practice for  public  employees,  other  than
14    security employees, as defined in subsection (p) of Section 3
15    (3p),  dispatchers  as defined in subsection (d-1) of Section
16    3, Peace Officers, Fire Fighters, and paramedics employed  by
17    fire  departments  and  fire  protection districts, to strike
18    except as otherwise provided in this Act.   Public  employees
19    who are permitted to strike may strike only if:
20        (1)  the   employees  are  represented  by  an  exclusive
21    bargaining representative;
22        (2)  the  collective  bargaining  agreement  between  the
23    public  employer  and  the  public  employees,  if  any,  has
24    expired, or such collective  bargaining  agreement  does  not
25    prohibit the strike;
26        (3)  the  public employer and the labor organization have
27    not mutually agreed to submit the disputed  issues  to  final
28    and binding arbitration;
29        (4)  the   exclusive   representative   has  requested  a
30    mediator pursuant to Section 12 for the purpose of  mediation
31    or  conciliation of a dispute between the public employer and
32    the exclusive representative and mediation has been used; and
33        (5)  at least 5 days  have  elapsed  after  a  notice  of
SB469 Enrolled             -28-                LRB9002249PTcw
 1    intent  to  strike has been given by the exclusive bargaining
 2    representative to the public employer.
 3        In mediation under this Section, if either party requests
 4    the use of mediation services from the Federal Mediation  and
 5    Conciliation  Service,  the  other party shall either join in
 6    such  request  or  bear  the  additional  cost  of  mediation
 7    services from another source.
 8        (b)  An employee  who  participates  in  a  strike,  work
 9    stoppage  or  slowdown,  in  violation  of  this Act shall be
10    subject to discipline by the employer.  No employer  may  pay
11    or  cause  such  employee  to  be  paid  any  wages  or other
12    compensation for such periods of  participation,  except  for
13    wages  or  compensation  earned  before participation in such
14    strike.
15    (Source: P.A. 86-412.)
16        (5 ILCS 315/20) (from Ch. 48, par. 1620)
17        Sec. 20.  Prohibitions.
18        (a) Nothing in this Act shall be construed to require  an
19    individual  employee  to  render labor or service without his
20    consent, nor shall anything in this Act be construed to  make
21    the  quitting  of  his  labor  by  an  individual employee an
22    illegal act; nor shall any court issue any process to  compel
23    the  performance  by  an individual employee of such labor or
24    service, without his consent; nor shall the quitting of labor
25    by  an  employee  or  employees  in  good  faith  because  of
26    abnormally dangerous conditions for  work  at  the  place  of
27    employment  of  such  employee  be deemed a strike under this
28    Act.
29        (b)  This Act shall not be applicable  to  (i)  units  of
30    local  government  employing  less  than 35 employees, except
31    with  respect  to  bargaining  units  in  existence  on   the
32    effective  date  of  this  Act  and fire protection districts
33    required by the Fire Protection District  Act  to  appoint  a
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 1    Board  of  Fire  Commissioners  or  (ii) an entity created by
 2    intergovernmental agreement under the  Illinois  Constitution
 3    or  the Intergovernmental Cooperation Act that performs 9-1-1
 4    public safety telecommunications at a public safety answering
 5    point to notify a public safety agency or dispatch a provider
 6    of public emergency services and that employs  less  than  20
 7    dispatchers  as  defined  in  subsection  (d-1) of Section 3,
 8    except that this exemption shall not apply if any employee of
 9    the  intergovernmental  entity  is   transferred   from   any
10    participating  unit  of  local  government  that is currently
11    eligible   for   Illinois   State   Labor   Relations   Board
12    jurisdiction.
13    (Source: P.A. 87-736.)
14        Section 95.  No acceleration or delay.   Where  this  Act
15    makes changes in a statute that is represented in this Act by
16    text  that  is not yet or no longer in effect (for example, a
17    Section represented by multiple versions), the  use  of  that
18    text  does  not  accelerate or delay the taking effect of (i)
19    the changes made by this Act or (ii) provisions derived  from
20    any other Public Act.

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