101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1644

 

Introduced 2/15/2019, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
115 ILCS 5/4.5

    Amends the Illinois Educational Labor Relations Act. Provides that certain provisions concerning the subjects of collective bargaining apply to all educational employers, rather than just educational employers whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Educational Labor Relations Act is
5amended by changing Section 4.5 as follows:
 
6    (115 ILCS 5/4.5)
7    Sec. 4.5. Subjects of collective bargaining.
8    (a) Notwithstanding the existence of any other provision in
9this Act or other law, collective bargaining between an
10educational employer whose territorial boundaries are
11coterminous with those of a city having a population in excess
12of 500,000 and an exclusive representative of its employees may
13include any of the following subjects:
14        (1) (Blank).
15        (2) Decisions to contract with a third party for one or
16    more services otherwise performed by employees in a
17    bargaining unit and the procedures for obtaining such
18    contract or the identity of the third party.
19        (3) Decisions to layoff or reduce in force employees.
20        (4) Decisions to determine class size, class staffing
21    and assignment, class schedules, academic calendar, length
22    of the work and school day with respect to a public school
23    district organized under Article 34 of the School Code

 

 

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1    only, length of the work and school year with respect to a
2    public school district organized under Article 34 of the
3    School Code only, hours and places of instruction, or pupil
4    assessment policies.
5        (5) Decisions concerning use and staffing of
6    experimental or pilot programs and decisions concerning
7    use of technology to deliver educational programs and
8    services and staffing to provide the technology.
9    (b) The subject or matters described in subsection (a) are
10permissive subjects of bargaining between an educational
11employer and an exclusive representative of its employees and,
12for the purpose of this Act, are within the sole discretion of
13the educational employer to decide to bargain, provided that
14the educational employer is required to bargain over the impact
15of a decision concerning such subject or matter on the
16bargaining unit upon request by the exclusive representative.
17During this bargaining, the educational employer shall not be
18precluded from implementing its decision. For a school district
19or community college district whose territorial boundaries are
20coterminous with those of a city having a population in excess
21of 500,000, if If, after a reasonable period of bargaining, a
22dispute or impasse exists between the educational employer and
23the exclusive representative, the dispute or impasse shall be
24resolved exclusively as set forth in subsection (b) of Section
2512 of this Act in lieu of a strike under Section 13 of this Act.
26Neither the Board nor any mediator or fact-finder appointed

 

 

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1pursuant to subsection (a-10) of Section 12 of this Act shall
2have jurisdiction over such a dispute or impasse.
3    (c) A provision in a collective bargaining agreement that
4was rendered null and void because it involved a prohibited
5subject of collective bargaining under this subsection (c) as
6this subsection (c) existed before the effective date of this
7amendatory Act of the 93rd General Assembly remains null and
8void and shall not otherwise be reinstated in any successor
9agreement unless the educational employer and exclusive
10representative otherwise agree to include an agreement reached
11on a subject or matter described in subsection (a) of this
12Section as subsection (a) existed before this amendatory Act of
13the 93rd General Assembly.
14(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)