101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2258

 

Introduced 5/17/2019, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/14  from Ch. 48, par. 1614

    Amends the Illinois Public Labor Relations Act. In a Section concerning security employee, peace officer, and fire fighter disputes, provides that mediation requirements apply to non-sworn employees of public safety agencies.


LRB101 12495 RJF 60737 b

 

 

A BILL FOR

 

SB2258LRB101 12495 RJF 60737 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 14 as follows:
 
6    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
7    Sec. 14. Security employee, peace officer and fire fighter
8disputes.
9    (a) In the case of collective bargaining agreements
10involving units of security employees of a public employer,
11Peace Officer Units, non-sworn employees of a public safety
12agency, including, but not limited to, offices of county
13sheriffs or coroners, courts, and telecommunications agencies,
14or units of fire fighters or paramedics, and in the case of
15disputes under Section 18, unless the parties mutually agree to
16some other time limit, mediation shall commence 30 days prior
17to the expiration date of such agreement or at such later time
18as the mediation services chosen under subsection (b) of
19Section 12 can be provided to the parties. In the case of
20negotiations for an initial collective bargaining agreement,
21mediation shall commence upon 15 days notice from either party
22or at such later time as the mediation services chosen pursuant
23to subsection (b) of Section 12 can be provided to the parties.

 

 

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1In mediation under this Section, if either party requests the
2use of mediation services from the Federal Mediation and
3Conciliation Service, the other party shall either join in such
4request or bear the additional cost of mediation services from
5another source. The mediator shall have a duty to keep the
6Board informed on the progress of the mediation. If any dispute
7has not been resolved within 15 days after the first meeting of
8the parties and the mediator, or within such other time limit
9as may be mutually agreed upon by the parties, either the
10exclusive representative or employer may request of the other,
11in writing, arbitration, and shall submit a copy of the request
12to the Board.
13    (b) Within 10 days after such a request for arbitration has
14been made, the employer shall choose a delegate and the
15employees' exclusive representative shall choose a delegate to
16a panel of arbitration as provided in this Section. The
17employer and employees shall forthwith advise the other and the
18Board of their selections.
19    (c) Within 7 days after the request of either party, the
20parties shall request a panel of impartial arbitrators from
21which they shall select the neutral chairman according to the
22procedures provided in this Section. If the parties have agreed
23to a contract that contains a grievance resolution procedure as
24provided in Section 8, the chairman shall be selected using
25their agreed contract procedure unless they mutually agree to
26another procedure. If the parties fail to notify the Board of

 

 

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1their selection of neutral chairman within 7 days after receipt
2of the list of impartial arbitrators, the Board shall appoint,
3at random, a neutral chairman from the list. In the absence of
4an agreed contract procedure for selecting an impartial
5arbitrator, either party may request a panel from the Board.
6Within 7 days of the request of either party, the Board shall
7select from the Public Employees Labor Mediation Roster 7
8persons who are on the labor arbitration panels of either the
9American Arbitration Association or the Federal Mediation and
10Conciliation Service, or who are members of the National
11Academy of Arbitrators, as nominees for impartial arbitrator of
12the arbitration panel. The parties may select an individual on
13the list provided by the Board or any other individual mutually
14agreed upon by the parties. Within 7 days following the receipt
15of the list, the parties shall notify the Board of the person
16they have selected. Unless the parties agree on an alternate
17selection procedure, they shall alternatively strike one name
18from the list provided by the Board until only one name
19remains. A coin toss shall determine which party shall strike
20the first name. If the parties fail to notify the Board in a
21timely manner of their selection for neutral chairman, the
22Board shall appoint a neutral chairman from the Illinois Public
23Employees Mediation/Arbitration Roster.
24    (d) The chairman shall call a hearing to begin within 15
25days and give reasonable notice of the time and place of the
26hearing. The hearing shall be held at the offices of the Board

 

 

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1or at such other location as the Board deems appropriate. The
2chairman shall preside over the hearing and shall take
3testimony. Any oral or documentary evidence and other data
4deemed relevant by the arbitration panel may be received in
5evidence. The proceedings shall be informal. Technical rules of
6evidence shall not apply and the competency of the evidence
7shall not thereby be deemed impaired. A verbatim record of the
8proceedings shall be made and the arbitrator shall arrange for
9the necessary recording service. Transcripts may be ordered at
10the expense of the party ordering them, but the transcripts
11shall not be necessary for a decision by the arbitration panel.
12The expense of the proceedings, including a fee for the
13chairman, shall be borne equally by each of the parties to the
14dispute. The delegates, if public officers or employees, shall
15continue on the payroll of the public employer without loss of
16pay. The hearing conducted by the arbitration panel may be
17adjourned from time to time, but unless otherwise agreed by the
18parties, shall be concluded within 30 days of the time of its
19commencement. Majority actions and rulings shall constitute
20the actions and rulings of the arbitration panel. Arbitration
21proceedings under this Section shall not be interrupted or
22terminated by reason of any unfair labor practice charge filed
23by either party at any time.
24    (e) The arbitration panel may administer oaths, require the
25attendance of witnesses, and the production of such books,
26papers, contracts, agreements and documents as may be deemed by

 

 

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1it material to a just determination of the issues in dispute,
2and for such purpose may issue subpoenas. If any person refuses
3to obey a subpoena, or refuses to be sworn or to testify, or if
4any witness, party or attorney is guilty of any contempt while
5in attendance at any hearing, the arbitration panel may, or the
6attorney general if requested shall, invoke the aid of any
7circuit court within the jurisdiction in which the hearing is
8being held, which court shall issue an appropriate order. Any
9failure to obey the order may be punished by the court as
10contempt.
11    (f) At any time before the rendering of an award, the
12chairman of the arbitration panel, if he is of the opinion that
13it would be useful or beneficial to do so, may remand the
14dispute to the parties for further collective bargaining for a
15period not to exceed 2 weeks. If the dispute is remanded for
16further collective bargaining the time provisions of this Act
17shall be extended for a time period equal to that of the
18remand. The chairman of the panel of arbitration shall notify
19the Board of the remand.
20    (g) At or before the conclusion of the hearing held
21pursuant to subsection (d), the arbitration panel shall
22identify the economic issues in dispute, and direct each of the
23parties to submit, within such time limit as the panel shall
24prescribe, to the arbitration panel and to each other its last
25offer of settlement on each economic issue. The determination
26of the arbitration panel as to the issues in dispute and as to

 

 

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1which of these issues are economic shall be conclusive. The
2arbitration panel, within 30 days after the conclusion of the
3hearing, or such further additional periods to which the
4parties may agree, shall make written findings of fact and
5promulgate a written opinion and shall mail or otherwise
6deliver a true copy thereof to the parties and their
7representatives and to the Board. As to each economic issue,
8the arbitration panel shall adopt the last offer of settlement
9which, in the opinion of the arbitration panel, more nearly
10complies with the applicable factors prescribed in subsection
11(h). The findings, opinions and order as to all other issues
12shall be based upon the applicable factors prescribed in
13subsection (h).
14    (h) Where there is no agreement between the parties, or
15where there is an agreement but the parties have begun
16negotiations or discussions looking to a new agreement or
17amendment of the existing agreement, and wage rates or other
18conditions of employment under the proposed new or amended
19agreement are in dispute, the arbitration panel shall base its
20findings, opinions and order upon the following factors, as
21applicable:
22        (1) The lawful authority of the employer.
23        (2) Stipulations of the parties.
24        (3) The interests and welfare of the public and the
25    financial ability of the unit of government to meet those
26    costs.

 

 

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1        (4) Comparison of the wages, hours and conditions of
2    employment of the employees involved in the arbitration
3    proceeding with the wages, hours and conditions of
4    employment of other employees performing similar services
5    and with other employees generally:
6            (A) In public employment in comparable
7        communities.
8            (B) In private employment in comparable
9        communities.
10        (5) The average consumer prices for goods and services,
11    commonly known as the cost of living.
12        (6) The overall compensation presently received by the
13    employees, including direct wage compensation, vacations,
14    holidays and other excused time, insurance and pensions,
15    medical and hospitalization benefits, the continuity and
16    stability of employment and all other benefits received.
17        (7) Changes in any of the foregoing circumstances
18    during the pendency of the arbitration proceedings.
19        (8) Such other factors, not confined to the foregoing,
20    which are normally or traditionally taken into
21    consideration in the determination of wages, hours and
22    conditions of employment through voluntary collective
23    bargaining, mediation, fact-finding, arbitration or
24    otherwise between the parties, in the public service or in
25    private employment.
26    (i) In the case of peace officers, the arbitration decision

 

 

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1shall be limited to wages, hours, and conditions of employment
2(which may include residency requirements in municipalities
3with a population under 1,000,000, but those residency
4requirements shall not allow residency outside of Illinois) and
5shall not include the following: i) residency requirements in
6municipalities with a population of at least 1,000,000; ii) the
7type of equipment, other than uniforms, issued or used; iii)
8manning; iv) the total number of employees employed by the
9department; v) mutual aid and assistance agreements to other
10units of government; and vi) the criterion pursuant to which
11force, including deadly force, can be used; provided, nothing
12herein shall preclude an arbitration decision regarding
13equipment or manning levels if such decision is based on a
14finding that the equipment or manning considerations in a
15specific work assignment involve a serious risk to the safety
16of a peace officer beyond that which is inherent in the normal
17performance of police duties. Limitation of the terms of the
18arbitration decision pursuant to this subsection shall not be
19construed to limit the factors upon which the decision may be
20based, as set forth in subsection (h).
21    In the case of fire fighter, and fire department or fire
22district paramedic matters, the arbitration decision shall be
23limited to wages, hours, and conditions of employment
24(including manning and also including residency requirements
25in municipalities with a population under 1,000,000, but those
26residency requirements shall not allow residency outside of

 

 

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1Illinois) and shall not include the following matters: i)
2residency requirements in municipalities with a population of
3at least 1,000,000; ii) the type of equipment (other than
4uniforms and fire fighter turnout gear) issued or used; iii)
5the total number of employees employed by the department; iv)
6mutual aid and assistance agreements to other units of
7government; and v) the criterion pursuant to which force,
8including deadly force, can be used; provided, however, nothing
9herein shall preclude an arbitration decision regarding
10equipment levels if such decision is based on a finding that
11the equipment considerations in a specific work assignment
12involve a serious risk to the safety of a fire fighter beyond
13that which is inherent in the normal performance of fire
14fighter duties. Limitation of the terms of the arbitration
15decision pursuant to this subsection shall not be construed to
16limit the facts upon which the decision may be based, as set
17forth in subsection (h).
18    The changes to this subsection (i) made by Public Act
1990-385 (relating to residency requirements) do not apply to
20persons who are employed by a combined department that performs
21both police and firefighting services; these persons shall be
22governed by the provisions of this subsection (i) relating to
23peace officers, as they existed before the amendment by Public
24Act 90-385.
25    To preserve historical bargaining rights, this subsection
26shall not apply to any provision of a fire fighter collective

 

 

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1bargaining agreement in effect and applicable on the effective
2date of this Act; provided, however, nothing herein shall
3preclude arbitration with respect to any such provision.
4    (j) Arbitration procedures shall be deemed to be initiated
5by the filing of a letter requesting mediation as required
6under subsection (a) of this Section. The commencement of a new
7municipal fiscal year after the initiation of arbitration
8procedures under this Act, but before the arbitration decision,
9or its enforcement, shall not be deemed to render a dispute
10moot, or to otherwise impair the jurisdiction or authority of
11the arbitration panel or its decision. Increases in rates of
12compensation awarded by the arbitration panel may be effective
13only at the start of the fiscal year next commencing after the
14date of the arbitration award. If a new fiscal year has
15commenced either since the initiation of arbitration
16procedures under this Act or since any mutually agreed
17extension of the statutorily required period of mediation under
18this Act by the parties to the labor dispute causing a delay in
19the initiation of arbitration, the foregoing limitations shall
20be inapplicable, and such awarded increases may be retroactive
21to the commencement of the fiscal year, any other statute or
22charter provisions to the contrary, notwithstanding. At any
23time the parties, by stipulation, may amend or modify an award
24of arbitration.
25    (k) Orders of the arbitration panel shall be reviewable,
26upon appropriate petition by either the public employer or the

 

 

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1exclusive bargaining representative, by the circuit court for
2the county in which the dispute arose or in which a majority of
3the affected employees reside, but only for reasons that the
4arbitration panel was without or exceeded its statutory
5authority; the order is arbitrary, or capricious; or the order
6was procured by fraud, collusion or other similar and unlawful
7means. Such petitions for review must be filed with the
8appropriate circuit court within 90 days following the issuance
9of the arbitration order. The pendency of such proceeding for
10review shall not automatically stay the order of the
11arbitration panel. The party against whom the final decision of
12any such court shall be adverse, if such court finds such
13appeal or petition to be frivolous, shall pay reasonable
14attorneys' fees and costs to the successful party as determined
15by said court in its discretion. If said court's decision
16affirms the award of money, such award, if retroactive, shall
17bear interest at the rate of 12 percent per annum from the
18effective retroactive date.
19    (l) During the pendency of proceedings before the
20arbitration panel, existing wages, hours, and other conditions
21of employment shall not be changed by action of either party
22without the consent of the other but a party may so consent
23without prejudice to his rights or position under this Act. The
24proceedings are deemed to be pending before the arbitration
25panel upon the initiation of arbitration procedures under this
26Act.

 

 

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1    (m) Security officers of public employers, and Peace
2Officers, Fire Fighters and fire department and fire protection
3district paramedics, covered by this Section may not withhold
4services, nor may public employers lock out or prevent such
5employees from performing services at any time.
6    (n) All of the terms decided upon by the arbitration panel
7shall be included in an agreement to be submitted to the public
8employer's governing body for ratification and adoption by law,
9ordinance or the equivalent appropriate means.
10    The governing body shall review each term decided by the
11arbitration panel. If the governing body fails to reject one or
12more terms of the arbitration panel's decision by a 3/5 vote of
13those duly elected and qualified members of the governing body,
14within 20 days of issuance, or in the case of firefighters
15employed by a state university, at the next regularly scheduled
16meeting of the governing body after issuance, such term or
17terms shall become a part of the collective bargaining
18agreement of the parties. If the governing body affirmatively
19rejects one or more terms of the arbitration panel's decision,
20it must provide reasons for such rejection with respect to each
21term so rejected, within 20 days of such rejection and the
22parties shall return to the arbitration panel for further
23proceedings and issuance of a supplemental decision with
24respect to the rejected terms. Any supplemental decision by an
25arbitration panel or other decision maker agreed to by the
26parties shall be submitted to the governing body for

 

 

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1ratification and adoption in accordance with the procedures and
2voting requirements set forth in this Section. The voting
3requirements of this subsection shall apply to all disputes
4submitted to arbitration pursuant to this Section
5notwithstanding any contrary voting requirements contained in
6any existing collective bargaining agreement between the
7parties.
8    (o) If the governing body of the employer votes to reject
9the panel's decision, the parties shall return to the panel
10within 30 days from the issuance of the reasons for rejection
11for further proceedings and issuance of a supplemental
12decision. All reasonable costs of such supplemental proceeding
13including the exclusive representative's reasonable attorney's
14fees, as established by the Board, shall be paid by the
15employer.
16    (p) Notwithstanding the provisions of this Section the
17employer and exclusive representative may agree to submit
18unresolved disputes concerning wages, hours, terms and
19conditions of employment to an alternative form of impasse
20resolution.
21(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)