Public Act 096-0598
SB1715 Enrolled LRB096 08508 JAM 18628 b

    AN ACT concerning government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Public Labor Relations Act is
amended by changing Section 7 as follows:
    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
    Sec. 7. Duty to bargain. A public employer and the
exclusive representative have the authority and the duty to
bargain collectively set forth in this Section.
    For the purposes of this Act, "to bargain collectively"
means the performance of the mutual obligation of the public
employer or his designated representative and the
representative of the public employees to meet at reasonable
times, including meetings in advance of the budget-making
process, and to negotiate in good faith with respect to wages,
hours, and other conditions of employment, not excluded by
Section 4 of this Act, or the negotiation of an agreement, or
any question arising thereunder and the execution of a written
contract incorporating any agreement reached if requested by
either party, but such obligation does not compel either party
to agree to a proposal or require the making of a concession.
    The duty "to bargain collectively" shall also include an
obligation to negotiate over any matter with respect to wages,
hours and other conditions of employment, not specifically
provided for in any other law or not specifically in violation
of the provisions of any law. If any other law pertains, in
part, to a matter affecting the wages, hours and other
conditions of employment, such other law shall not be construed
as limiting the duty "to bargain collectively" and to enter
into collective bargaining agreements containing clauses which
either supplement, implement, or relate to the effect of such
provisions in other laws.
    The duty "to bargain collectively" shall also include
negotiations as to the terms of a collective bargaining
agreement. The parties may, by mutual agreement, provide for
arbitration of impasses resulting from their inability to agree
upon wages, hours and terms and conditions of employment to be
included in a collective bargaining agreement. Such
arbitration provisions shall be subject to the Illinois
"Uniform Arbitration Act" unless agreed by the parties.
    The duty "to bargain collectively" shall also mean that no
party to a collective bargaining contract shall terminate or
modify such contract, unless the party desiring such
termination or modification:
    (1) serves a written notice upon the other party to the
contract of the proposed termination or modification 60 days
prior to the expiration date thereof, or in the event such
contract contains no expiration date, 60 days prior to the time
it is proposed to make such termination or modification;
    (2) offers to meet and confer with the other party for the
purpose of negotiating a new contract or a contract containing
the proposed modifications;
    (3) notifies the Board within 30 days after such notice of
the existence of a dispute, provided no agreement has been
reached by that time; and
    (4) continues in full force and effect, without resorting
to strike or lockout, all the terms and conditions of the
existing contract for a period of 60 days after such notice is
given to the other party or until the expiration date of such
contract, whichever occurs later.
    The duties imposed upon employers, employees and labor
organizations by paragraphs (2), (3) and (4) shall become
inapplicable upon an intervening certification of the Board,
under which the labor organization, which is a party to the
contract, has been superseded as or ceased to be the exclusive
representative of the employees pursuant to the provisions of
subsection (a) of Section 9, and the duties so imposed shall
not be construed as requiring either party to discuss or agree
to any modification of the terms and conditions contained in a
contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened
under the provisions of the contract.
    Collective bargaining for personal care attendants and
personal assistants under the Home Services Program shall be
limited to the terms and conditions of employment under the
State's control, as defined in the amendatory Act of the 93rd
General Assembly.
    Collective bargaining for child and day care home providers
under the child care assistance program shall be limited to the
terms and conditions of employment under the State's control,
as defined in this amendatory Act of the 94th General Assembly.
    Notwithstanding any other provision of this Section,
whenever collective bargaining is for the purpose of
establishing an initial agreement following original
certification of units with fewer than 35 employees, with
respect to public employees other than peace officers, fire
fighters, and security employees, the following apply:
        (1) Not later than 10 days after receiving a written
    request for collective bargaining from a labor
    organization that has been newly certified as a
    representative as defined in Section 6(c), or within such
    further period as the parties agree upon, the parties shall
    meet and commence to bargain collectively and shall make
    every reasonable effort to conclude and sign a collective
    bargaining agreement.
        (2) If anytime after the expiration of the 90-day
    period beginning on the date on which bargaining is
    commenced the parties have failed to reach an agreement,
    either party may notify the Illinois Public Labor Relations
    Board of the existence of a dispute and request mediation
    in accordance with the provisions of Section 14 of this
        (3) If after the expiration of the 30-day period
    beginning on the date on which mediation commenced, or such
    additional period as the parties may agree upon, the
    mediator is not able to bring the parties to agreement by
    conciliation, either the exclusive representative of the
    employees or the employer may request of the other, in
    writing, arbitration and shall submit a copy of the request
    to the board. Upon submission of the request for
    arbitration, the parties shall be required to participate
    in the impasse arbitration procedures set forth in Section
    14 of this Act, except the right to strike shall not be
    considered waived pursuant to Section 17 of this Act, until
    the actual convening of the arbitration hearing.
(Source: P.A. 93-204, eff. 7-16-03; 94-320, eff. 1-1-06.)

Effective Date: 1/1/2010