093_HB1462eng

 
HB1462 Engrossed                     LRB093 06279 EFG 06392 b

 1        AN ACT concerning employment.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Purpose.   The  General  Assembly  finds  and
 5    declares that:
 6        (1)  "An  Act  in  relation  to  governmental  functions,
 7    amending  named Acts", Public Act 90-385, approved August 15,
 8    1997, contained provisions amending the Illinois Public Labor
 9    Relations  Act.   Public  Act  90-385  also  contained  other
10    provisions.
11        (2)  It is the  purpose  of  this  Act  to  re-enact  the
12    provisions  of Public Act 90-385 amending the Illinois Public
13    Labor Relations Act, including subsequent  amendments.   This
14    re-enactment  is  intended  to  remove any question as to the
15    validity or content of those provisions.
16        (3)  This Act re-enacts various provisions of Public  Act
17    90-385  amending  the  Illinois  Public  Labor Relations Act,
18    including subsequent amendments, to remove any question as to
19    the validity or  content  of  those  provisions;  it  is  not
20    intended  to  supersede  any other Public Act that amends the
21    text of the Sections as set forth in this Act.  The  material
22    is shown as existing text (i.e., without underscoring).

23        Section  5.  The  Illinois  Public Labor Relations Act is
24    amended by re-enacting Section 14 as follows:

25        (5 ILCS 315/14) (from Ch. 48, par. 1614)
26        Sec.  14.  Security  Employee,  Peace  Officer  and  Fire
27    Fighter Disputes.
28        (a)  In the  case  of  collective  bargaining  agreements
29    involving  units  of security employees of a public employer,
30    Peace Officer Units, or units of fire fighters or paramedics,
 
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 1    and in the case of disputes  under  Section  18,  unless  the
 2    parties  mutually  agree  to some other time limit, mediation
 3    shall commence 30 days prior to the expiration date  of  such
 4    agreement  or  at  such  later time as the mediation services
 5    chosen under subsection (b) of Section 12 can be provided  to
 6    the  parties.  In  the  case  of  negotiations for an initial
 7    collective bargaining  agreement,  mediation  shall  commence
 8    upon  15  days notice from either party or at such later time
 9    as the mediation services chosen pursuant to  subsection  (b)
10    of  Section  12  can be provided to the parties. In mediation
11    under this Section, if  either  party  requests  the  use  of
12    mediation   services   from   the   Federal   Mediation   and
13    Conciliation  Service,  the  other party shall either join in
14    such  request  or  bear  the  additional  cost  of  mediation
15    services from another source.  The mediator shall have a duty
16    to keep the Board informed on the progress of the  mediation.
17    If any dispute has not been resolved within 15 days after the
18    first meeting of the parties and the mediator, or within such
19    other  time  limit  as  may  be  mutually  agreed upon by the
20    parties, either the exclusive representative or employer  may
21    request  of  the  other,  in  writing, arbitration, and shall
22    submit a copy of the request to the Board.
23        (b)  Within 10 days after such a request for  arbitration
24    has  been  made, the employer shall choose a delegate and the
25    employees' exclusive representative shall choose  a  delegate
26    to  a  panel of arbitration as provided in this Section.  The
27    employer and employees shall forthwith advise the  other  and
28    the Board of their selections.
29        (c)  Within  7  days  of the request of either party, the
30    Board shall select from the Public Employees Labor  Mediation
31    Roster  7  persons who are on the labor arbitration panels of
32    either the American Arbitration Association  or  the  Federal
33    Mediation and Conciliation Service, or who are members of the
34    National  Academy  of  Arbitrators, as nominees for impartial
 
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 1    arbitrator of the arbitration panel.  The parties may  select
 2    an  individual on the list provided by the Board or any other
 3    individual mutually agreed upon by  the  parties.   Within  7
 4    days  following  the  receipt  of the list, the parties shall
 5    notify the Board of the person they  have  selected.   Unless
 6    the  parties  agree on an alternate selection procedure, they
 7    shall alternatively strike one name from the list provided by
 8    the Board until only one name remains.   A  coin  toss  shall
 9    determine  which  party  shall strike the first name.  If the
10    parties fail to notify the Board in a timely manner of  their
11    selection  for  neutral  chairman,  the Board shall appoint a
12    neutral  chairman  from   the   Illinois   Public   Employees
13    Mediation/Arbitration Roster.
14        (d)  The chairman shall call a hearing to begin within 15
15    days  and give reasonable notice of the time and place of the
16    hearing.  The hearing shall be held at  the  offices  of  the
17    Board   or   at  such  other  location  as  the  Board  deems
18    appropriate.  The chairman shall preside over the hearing and
19    shall take testimony.  Any oral or documentary  evidence  and
20    other  data  deemed  relevant by the arbitration panel may be
21    received in evidence.  The  proceedings  shall  be  informal.
22    Technical   rules   of  evidence  shall  not  apply  and  the
23    competency of  the  evidence  shall  not  thereby  be  deemed
24    impaired.  A verbatim record of the proceedings shall be made
25    and  the arbitrator shall arrange for the necessary recording
26    service.  Transcripts may be ordered at the  expense  of  the
27    party  ordering  them,  but  the  transcripts  shall  not  be
28    necessary  for  a  decision  by  the  arbitration panel.  The
29    expense of the proceedings, including a fee for the chairman,
30    established in advance by the Board, shall be  borne  equally
31    by  each  of  the  parties to the dispute.  The delegates, if
32    public officers or employees, shall continue on  the  payroll
33    of  the  public  employer  without  loss of pay.  The hearing
34    conducted by the arbitration panel may be adjourned from time
 
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 1    to time, but unless otherwise agreed by the parties, shall be
 2    concluded within 30 days of the  time  of  its  commencement.
 3    Majority actions and rulings shall constitute the actions and
 4    rulings  of  the  arbitration panel.  Arbitration proceedings
 5    under this Section shall not be interrupted or terminated  by
 6    reason  of  any  unfair labor practice charge filed by either
 7    party at any time.
 8        (e)  The arbitration panel may administer oaths,  require
 9    the  attendance  of  witnesses,  and  the  production of such
10    books, papers, contracts, agreements and documents as may  be
11    deemed  by  it material to a just determination of the issues
12    in dispute, and for such purpose may issue subpoenas.  If any
13    person refuses to obey a subpoena, or refuses to be sworn  or
14    to testify, or if any witness, party or attorney is guilty of
15    any   contempt  while  in  attendance  at  any  hearing,  the
16    arbitration panel may, or the attorney general  if  requested
17    shall,  invoke  the  aid  of  any  circuit  court  within the
18    jurisdiction in which the hearing is being held, which  court
19    shall  issue  an  appropriate order.  Any failure to obey the
20    order may be punished by the court as contempt.
21        (f)  At any time before the rendering of  an  award,  the
22    chairman  of  the  arbitration panel, if he is of the opinion
23    that it would be useful or beneficial to do  so,  may  remand
24    the  dispute to the parties for further collective bargaining
25    for a period not to  exceed  2  weeks.   If  the  dispute  is
26    remanded   for   further   collective   bargaining  the  time
27    provisions of this Act shall be extended for  a  time  period
28    equal  to  that  of the remand.  The chairman of the panel of
29    arbitration shall notify the Board of the remand.
30        (g)  At or before the  conclusion  of  the  hearing  held
31    pursuant  to  subsection  (d),  the  arbitration  panel shall
32    identify the economic issues in dispute, and direct  each  of
33    the  parties  to  submit, within such time limit as the panel
34    shall prescribe, to the arbitration panel and to  each  other
 
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 1    its  last  offer  of  settlement on each economic issue.  The
 2    determination of the arbitration panel as to  the  issues  in
 3    dispute and as to which of these issues are economic shall be
 4    conclusive.   The arbitration panel, within 30 days after the
 5    conclusion of the hearing, or such further additional periods
 6    to which the parties may agree, shall make  written  findings
 7    of  fact  and  promulgate a written opinion and shall mail or
 8    otherwise deliver a true copy  thereof  to  the  parties  and
 9    their  representatives and to the Board.  As to each economic
10    issue, the arbitration panel shall adopt the  last  offer  of
11    settlement  which,  in  the opinion of the arbitration panel,
12    more nearly complies with the applicable  factors  prescribed
13    in  subsection  (h).   The findings, opinions and order as to
14    all other issues shall be based upon the  applicable  factors
15    prescribed in subsection (h).
16        (h)  Where  there is no agreement between the parties, or
17    where there is  an  agreement  but  the  parties  have  begun
18    negotiations  or  discussions  looking  to a new agreement or
19    amendment of the existing agreement, and wage rates or  other
20    conditions  of  employment  under the proposed new or amended
21    agreement are in dispute, the arbitration  panel  shall  base
22    its  findings, opinions and order upon the following factors,
23    as applicable:
24             (1)  The lawful authority of the employer.
25             (2)  Stipulations of the parties.
26             (3)  The interests and welfare of the public and the
27        financial ability of the unit of government to meet those
28        costs.
29             (4)  Comparison of the wages, hours  and  conditions
30        of   employment   of   the   employees  involved  in  the
31        arbitration  proceeding  with  the   wages,   hours   and
32        conditions  of  employment  of other employees performing
33        similar services and with other employees generally:
34                  (A)  In   public   employment   in   comparable
 
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 1             communities.
 2                  (B)  In  private   employment   in   comparable
 3             communities.
 4             (5)  The  average  consumer  prices  for  goods  and
 5        services, commonly known as the cost of living.
 6             (6)  The  overall compensation presently received by
 7        the  employees,  including  direct   wage   compensation,
 8        vacations, holidays and other excused time, insurance and
 9        pensions,   medical  and  hospitalization  benefits,  the
10        continuity and stability  of  employment  and  all  other
11        benefits received.
12             (7)  Changes  in  any of the foregoing circumstances
13        during the pendency of the arbitration proceedings.
14             (8)  Such  other  factors,  not  confined   to   the
15        foregoing, which are normally or traditionally taken into
16        consideration  in  the  determination of wages, hours and
17        conditions of  employment  through  voluntary  collective
18        bargaining,   mediation,   fact-finding,  arbitration  or
19        otherwise between the parties, in the public  service  or
20        in private employment.
21        (i)  In  the  case  of  peace  officers,  the arbitration
22    decision shall be limited to wages, hours, and conditions  of
23    employment  (which  may  include  residency  requirements  in
24    municipalities  with  a population under 1,000,000, but those
25    residency requirements shall not allow residency  outside  of
26    Illinois)  and  shall not include the following: i) residency
27    requirements in municipalities with a population of at  least
28    1,000,000;  ii)  the  type of equipment, other than uniforms,
29    issued or  used;  iii)  manning;  iv)  the  total  number  of
30    employees  employed  by  the  department;  v)  mutual aid and
31    assistance agreements to other units of government;  and  vi)
32    the  criterion  pursuant  to  which  force,  including deadly
33    force, can be used; provided, nothing herein  shall  preclude
34    an arbitration decision regarding equipment or manning levels
 
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 1    if  such decision is based on a finding that the equipment or
 2    manning considerations in a specific work assignment  involve
 3    a  serious  risk to the safety of a peace officer beyond that
 4    which is inherent in the normal performance of police duties.
 5    Limitation of the terms of the arbitration decision  pursuant
 6    to  this  subsection  shall  not  be  construed  to limit the
 7    factors upon which the decision may be based, as set forth in
 8    subsection (h).
 9        In the case of fire fighter, and fire department or  fire
10    district paramedic matters, the arbitration decision shall be
11    limited  to wages, hours, and conditions of employment (which
12    may include residency requirements in municipalities  with  a
13    population  under 1,000,000, but those residency requirements
14    shall not allow residency outside of Illinois) and shall  not
15    include  the  following matters: i) residency requirements in
16    municipalities with a population of at least  1,000,000;  ii)
17    the  type of equipment (other than  uniforms and fire fighter
18    turnout gear) issued  or  used;  iii)  the  total  number  of
19    employees  employed  by  the  department;  iv) mutual aid and
20    assistance agreements to other units of  government;  and  v)
21    the  criterion  pursuant  to  which  force,  including deadly
22    force, can be used; provided, however, nothing  herein  shall
23    preclude  an  arbitration decision regarding equipment levels
24    if such decision is based on a  finding  that  the  equipment
25    considerations  in  a  specific  work  assignment  involve  a
26    serious  risk  to  the  safety  of a fire fighter beyond that
27    which is inherent in the normal performance of  fire  fighter
28    duties.   Limitation of the terms of the arbitration decision
29    pursuant to this subsection shall not be construed  to  limit
30    the  facts upon which the decision may be based, as set forth
31    in subsection (h).
32        The changes to this subsection (i)  made  by  Public  Act
33    90-385  (relating  to residency requirements) do not apply to
34    persons who  are  employed  by  a  combined  department  that
 
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 1    performs both police and firefighting services; these persons
 2    shall  be  governed  by the provisions of this subsection (i)
 3    relating to  peace  officers,  as  they  existed  before  the
 4    amendment by Public Act 90-385.
 5        To preserve historical bargaining rights, this subsection
 6    shall not apply to any provision of a fire fighter collective
 7    bargaining   agreement   in  effect  and  applicable  on  the
 8    effective date of this Act; provided, however, nothing herein
 9    shall  preclude  arbitration  with  respect   to   any   such
10    provision.
11        (j)  Arbitration   procedures   shall  be  deemed  to  be
12    initiated by the filing of a letter requesting  mediation  as
13    required   under   subsection   (a)  of  this  Section.   The
14    commencement  of  a  new  municipal  fiscal  year  after  the
15    initiation of arbitration  procedures  under  this  Act,  but
16    before  the  arbitration  decision, or its enforcement, shall
17    not be deemed to render  a  dispute  moot,  or  to  otherwise
18    impair the jurisdiction or authority of the arbitration panel
19    or  its decision.  Increases in rates of compensation awarded
20    by the arbitration panel may be effective only at  the  start
21    of  the  fiscal  year  next  commencing after the date of the
22    arbitration award.  If a new fiscal year has commenced either
23    since the initiation of arbitration procedures under this Act
24    or since any mutually agreed  extension  of  the  statutorily
25    required period of mediation under this Act by the parties to
26    the  labor  dispute  causing  a  delay  in  the initiation of
27    arbitration, the foregoing limitations shall be inapplicable,
28    and  such  awarded  increases  may  be  retroactive  to   the
29    commencement of the fiscal year, any other statute or charter
30    provisions  to the contrary, notwithstanding. At any time the
31    parties, by stipulation, may amend  or  modify  an  award  of
32    arbitration.
33        (k)  Orders of the arbitration panel shall be reviewable,
34    upon  appropriate  petition  by either the public employer or
 
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 1    the exclusive bargaining representative, by the circuit court
 2    for the county in which the  dispute  arose  or  in  which  a
 3    majority  of  the  affected  employees  reside,  but only for
 4    reasons that the arbitration panel was  without  or  exceeded
 5    its   statutory   authority;   the  order  is  arbitrary,  or
 6    capricious; or the order was procured by fraud, collusion  or
 7    other  similar and unlawful means.  Such petitions for review
 8    must be filed with the appropriate circuit  court  within  90
 9    days  following  the  issuance of the arbitration order.  The
10    pendency  of   such   proceeding   for   review   shall   not
11    automatically  stay  the order of the arbitration panel.  The
12    party against whom the final decision of any such court shall
13    be adverse, if such court finds such appeal or petition to be
14    frivolous, shall pay reasonable attorneys' fees and costs  to
15    the  successful  party  as  determined  by  said court in its
16    discretion. If said court's decision  affirms  the  award  of
17    money, such award, if retroactive, shall bear interest at the
18    rate  of  12 percent per annum from the effective retroactive
19    date.
20        (l)  During  the  pendency  of  proceedings  before   the
21    arbitration   panel,   existing   wages,   hours,  and  other
22    conditions of employment shall not be changed  by  action  of
23    either party without the consent of the other but a party may
24    so  consent without prejudice to his rights or position under
25    this Act.  The proceedings are deemed to  be  pending  before
26    the  arbitration  panel  upon  the  initiation of arbitration
27    procedures under this Act.
28        (m)  Security officers of  public  employers,  and  Peace
29    Officers,   Fire   Fighters  and  fire  department  and  fire
30    protection district paramedics, covered by this  Section  may
31    not  withhold  services, nor may public employers lock out or
32    prevent such employees from performing services at any time.
33        (n)  All of the terms decided  upon  by  the  arbitration
34    panel  shall  be  included in an agreement to be submitted to
 
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 1    the public employer's governing  body  for  ratification  and
 2    adoption  by  law,  ordinance  or  the equivalent appropriate
 3    means.
 4        The governing body shall review each term decided by  the
 5    arbitration panel.  If the governing body fails to reject one
 6    or  more   terms of the arbitration panel's decision by a 3/5
 7    vote of those duly  elected  and  qualified  members  of  the
 8    governing body, within 20 days of issuance, or in the case of
 9    firefighters  employed  by  a  state  university, at the next
10    regularly scheduled  meeting  of  the  governing  body  after
11    issuance,  such  term  or  terms  shall  become a part of the
12    collective bargaining  agreement  of  the  parties.   If  the
13    governing body affirmatively rejects one or more terms of the
14    arbitration  panel's  decision,  it  must provide reasons for
15    such rejection with respect to each term so rejected,  within
16    20 days of such rejection and the parties shall return to the
17    arbitration  panel  for further proceedings and issuance of a
18    supplemental decision with respect  to  the  rejected  terms.
19    Any  supplemental  decision  by an arbitration panel or other
20    decision maker agreed to by the parties shall be submitted to
21    the  governing  body  for  ratification   and   adoption   in
22    accordance  with  the  procedures and voting requirements set
23    forth in  this  Section.  The  voting  requirements  of  this
24    subsection   shall   apply   to  all  disputes  submitted  to
25    arbitration pursuant  to  this  Section  notwithstanding  any
26    contrary   voting  requirements  contained  in  any  existing
27    collective bargaining agreement between the parties.
28        (o)  If the governing  body  of  the  employer  votes  to
29    reject  the panel's decision, the parties shall return to the
30    panel within 30 days from the issuance  of  the  reasons  for
31    rejection   for   further   proceedings  and  issuance  of  a
32    supplemental  decision.   All  reasonable   costs   of   such
33    supplemental     proceeding     including    the    exclusive
34    representative's reasonable attorney's fees,  as  established
 
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 1    by the Board, shall be paid by the employer.
 2        (p)  Notwithstanding  the  provisions of this Section the
 3    employer and exclusive representative  may  agree  to  submit
 4    unresolved   disputes  concerning  wages,  hours,  terms  and
 5    conditions of employment to an alternative  form  of  impasse
 6    resolution.
 7    (Source:  P.A.  89-195,  eff.  7-21-95; 90-202, eff. 7-24-97;
 8    90-385, eff. 8-15-97; 90-655, eff. 7-30-98.)

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.