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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Purpose. The General Assembly finds and | ||||||||||||||||||||||||
5 | declares that:
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6 | (1) "An Act in relation to governmental functions, amending | ||||||||||||||||||||||||
7 | named Acts",
Public Act 90-385, approved August 15, 1997, | ||||||||||||||||||||||||
8 | contained provisions
amending the Illinois Public Labor | ||||||||||||||||||||||||
9 | Relations Act. Public Act 90-385 also
contained other | ||||||||||||||||||||||||
10 | provisions.
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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
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15 | validity or content of those provisions.
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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
intended | ||||||||||||||||||||||||
20 | to supersede any other Public Act that amends the text of the | ||||||||||||||||||||||||
21 | Sections
as
set forth in this Act. The material is shown as | ||||||||||||||||||||||||
22 | existing text (i.e., without
underscoring).
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23 | Section 5. The Illinois Public Labor Relations Act is | ||||||||||||||||||||||||
24 | amended by
re-enacting Section 14 as follows:
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25 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
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26 | Sec. 14. Security Employee, Peace Officer and Fire Fighter | ||||||||||||||||||||||||
27 | Disputes.
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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, | ||||||||||||||||||||||||
31 | and in the case of disputes under Section 18,
unless the |
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1 | parties mutually agree to some other time limit, mediation
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2 | shall commence 30 days prior to the expiration date of such | ||||||
3 | agreement or
at such later time as the mediation services | ||||||
4 | chosen under subsection (b) of
Section 12 can be provided to | ||||||
5 | the parties. In the case of negotiations
for an initial | ||||||
6 | collective bargaining agreement, mediation shall commence
upon | ||||||
7 | 15 days notice from either party or at such later time as the
| ||||||
8 | mediation services chosen pursuant to subsection (b) of Section | ||||||
9 | 12 can be
provided to the parties. In mediation under this | ||||||
10 | Section, if either party
requests the use of mediation services | ||||||
11 | from the Federal Mediation and
Conciliation Service, the other | ||||||
12 | party shall either join in such request or
bear the additional | ||||||
13 | cost of mediation services from another source. The
mediator | ||||||
14 | shall have a duty to keep the Board informed on the progress of
| ||||||
15 | the mediation. If any dispute has not been resolved within 15 | ||||||
16 | days after
the first meeting of the parties and the mediator, | ||||||
17 | or within such other
time limit as may be mutually agreed upon | ||||||
18 | by the parties, either the
exclusive representative or employer | ||||||
19 | may request of the other, in writing,
arbitration, and shall | ||||||
20 | submit a copy of the request to the Board.
| ||||||
21 | (b) Within 10 days after such a request for arbitration has | ||||||
22 | been
made, the employer shall choose a delegate and
the | ||||||
23 | employees' exclusive representative shall choose a delegate to | ||||||
24 | a panel
of arbitration as provided in this Section. The | ||||||
25 | employer and employees
shall forthwith advise the other and the | ||||||
26 | Board of their selections.
| ||||||
27 | (c) Within 7 days of the request of either party, the Board | ||||||
28 | shall select
from the Public Employees Labor Mediation Roster 7 | ||||||
29 | persons who are on the
labor arbitration panels of either the | ||||||
30 | American Arbitration Association or
the Federal Mediation and | ||||||
31 | Conciliation Service, or who are members of the
National | ||||||
32 | Academy of Arbitrators, as nominees for
impartial arbitrator of | ||||||
33 | the arbitration panel. The parties may select an
individual on | ||||||
34 | the list provided by the Board or any other individual
mutually | ||||||
35 | agreed upon by the parties. Within 7 days following the receipt
| ||||||
36 | of the list, the parties shall notify the Board of the person |
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1 | they have
selected. Unless the parties agree on an alternate | ||||||
2 | selection procedure,
they shall alternatively strike one name | ||||||
3 | from the list provided by the
Board until only one name | ||||||
4 | remains. A coin toss shall determine which party
shall strike | ||||||
5 | the first name. If the parties fail to notify the Board in a
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6 | timely manner of their selection for neutral chairman, the | ||||||
7 | Board shall
appoint a neutral chairman from the Illinois Public | ||||||
8 | Employees
Mediation/Arbitration Roster.
| ||||||
9 | (d) The chairman shall call a hearing to begin within 15 | ||||||
10 | days and give
reasonable notice of the time and place of the | ||||||
11 | hearing. The hearing
shall be held at the offices of the Board | ||||||
12 | or at such other location as the
Board deems appropriate. The | ||||||
13 | chairman shall preside over the hearing and
shall take | ||||||
14 | testimony. Any oral or documentary evidence and other data
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15 | deemed relevant by the arbitration panel may be received in | ||||||
16 | evidence. The
proceedings shall be informal. Technical rules of | ||||||
17 | evidence shall not apply
and the competency of the evidence | ||||||
18 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
19 | proceedings shall be made and the arbitrator shall
arrange for | ||||||
20 | the necessary recording service. Transcripts may be ordered at
| ||||||
21 | the expense of the party ordering them, but the transcripts | ||||||
22 | shall not be
necessary for a decision by the arbitration panel. | ||||||
23 | The expense of the
proceedings, including a fee for the | ||||||
24 | chairman, established in advance by
the Board, shall be borne | ||||||
25 | equally by each of the parties to the dispute.
The delegates, | ||||||
26 | if public officers or employees, shall continue on the
payroll | ||||||
27 | of the public employer without loss of pay. The hearing | ||||||
28 | conducted
by the arbitration panel may be adjourned from time | ||||||
29 | to time, but unless
otherwise agreed by the parties, shall be | ||||||
30 | concluded within 30 days of the
time of its commencement. | ||||||
31 | Majority actions and rulings shall constitute
the actions and | ||||||
32 | rulings of the arbitration panel. Arbitration proceedings
| ||||||
33 | under this Section shall not be interrupted or terminated by | ||||||
34 | reason of any
unfair labor practice charge filed by either | ||||||
35 | party at any time.
| ||||||
36 | (e) The arbitration panel may administer oaths, require the |
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1 | attendance
of witnesses, and the production of such books, | ||||||
2 | papers, contracts, agreements
and documents as may be deemed by | ||||||
3 | it material to a just determination of
the issues in dispute, | ||||||
4 | and for such purpose may issue subpoenas. If any
person refuses | ||||||
5 | to obey a subpoena, or refuses to be sworn or to testify,
or if | ||||||
6 | any witness, party or attorney is guilty of any contempt while | ||||||
7 | in
attendance at any hearing, the arbitration panel may, or the | ||||||
8 | attorney general
if requested shall, invoke the aid of any | ||||||
9 | circuit court within the jurisdiction
in which the hearing is | ||||||
10 | being held, which court shall issue an appropriate
order. Any | ||||||
11 | failure to obey the order may be punished by the court as | ||||||
12 | contempt.
| ||||||
13 | (f) At any time before the rendering of an award, the | ||||||
14 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
15 | it would be useful or
beneficial to do so, may remand the | ||||||
16 | dispute to the parties for further
collective bargaining for a | ||||||
17 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
18 | further collective bargaining the time provisions of this
Act | ||||||
19 | shall be extended for a time period equal to that of the | ||||||
20 | remand. The
chairman of the panel of arbitration shall notify | ||||||
21 | the Board of the remand.
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22 | (g) At or before the conclusion of the hearing held | ||||||
23 | pursuant to subsection
(d), the arbitration panel shall | ||||||
24 | identify the economic issues in dispute,
and direct each of the | ||||||
25 | parties to submit, within such time limit as the
panel shall | ||||||
26 | prescribe, to the arbitration panel and to each other its last
| ||||||
27 | offer of settlement on each economic issue. The determination | ||||||
28 | of the
arbitration panel as to the issues in dispute and as to | ||||||
29 | which of these
issues are economic shall be conclusive. The | ||||||
30 | arbitration panel, within 30
days after the conclusion of the | ||||||
31 | hearing, or such further additional
periods to which the | ||||||
32 | parties may agree, shall make written findings of fact
and | ||||||
33 | promulgate a written opinion and shall mail or otherwise | ||||||
34 | deliver a true
copy thereof to the parties and their | ||||||
35 | representatives and to the Board. As
to each economic issue, | ||||||
36 | the arbitration panel shall adopt the last offer of
settlement |
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1 | which, in the opinion of the arbitration panel, more nearly
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2 | complies with the applicable factors prescribed in subsection | ||||||
3 | (h). The
findings, opinions and order as to all other issues | ||||||
4 | shall be based upon the
applicable factors prescribed in | ||||||
5 | subsection (h).
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6 | (h) Where there is no agreement between the parties, or | ||||||
7 | where there is
an agreement but the parties have begun | ||||||
8 | negotiations or discussions looking
to a new agreement or | ||||||
9 | amendment of the existing agreement, and wage rates
or other | ||||||
10 | conditions of employment under the proposed new or amended | ||||||
11 | agreement
are in dispute, the arbitration panel shall base its | ||||||
12 | findings, opinions
and order upon the following factors, as | ||||||
13 | applicable:
| ||||||
14 | (1) The lawful authority of the employer.
| ||||||
15 | (2) Stipulations of the parties.
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16 | (3) The interests and welfare of the public and the | ||||||
17 | financial ability
of the unit of government to meet those | ||||||
18 | costs.
| ||||||
19 | (4) Comparison of the wages, hours and conditions of | ||||||
20 | employment of the
employees involved in the arbitration | ||||||
21 | proceeding with the wages, hours and
conditions of | ||||||
22 | employment of other employees performing similar services
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23 | and with other employees generally:
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24 | (A) In public employment in comparable | ||||||
25 | communities.
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26 | (B) In private employment in comparable | ||||||
27 | communities.
| ||||||
28 | (5) The average consumer prices for goods and services, | ||||||
29 | commonly known
as the cost of living.
| ||||||
30 | (6) The overall compensation presently received by the | ||||||
31 | employees,
including
direct wage compensation, vacations, | ||||||
32 | holidays and other excused time, insurance
and pensions, | ||||||
33 | medical and hospitalization benefits, the continuity and
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34 | stability of employment and all other benefits received.
| ||||||
35 | (7) Changes in any of the foregoing circumstances | ||||||
36 | during the pendency
of the arbitration proceedings.
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1 | (8) Such other factors, not confined to the foregoing, | ||||||
2 | which are normally
or traditionally taken into | ||||||
3 | consideration in the determination of wages,
hours and | ||||||
4 | conditions of employment through voluntary collective | ||||||
5 | bargaining,
mediation, fact-finding, arbitration or | ||||||
6 | otherwise between the parties, in
the public service or in | ||||||
7 | private employment.
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8 | (i) In the case of peace officers, the arbitration decision | ||||||
9 | shall be
limited to wages, hours, and conditions of employment | ||||||
10 | (which may include
residency requirements in municipalities | ||||||
11 | with a population under 1,000,000, but
those residency | ||||||
12 | requirements shall not allow residency outside of Illinois)
and | ||||||
13 | shall not include
the following: i) residency requirements in | ||||||
14 | municipalities with a population
of at least 1,000,000; ii) the | ||||||
15 | type of equipment, other
than uniforms, issued or used; iii) | ||||||
16 | manning; iv) the total number of
employees employed by the | ||||||
17 | department; v) mutual aid and assistance
agreements to other | ||||||
18 | units of government; and vi) the criterion pursuant to
which | ||||||
19 | force, including deadly force, can be used; provided, nothing | ||||||
20 | herein
shall preclude an arbitration decision regarding | ||||||
21 | equipment or manning
levels if such decision is based on a | ||||||
22 | finding that the equipment or manning
considerations in a | ||||||
23 | specific work assignment involve a serious risk to the
safety | ||||||
24 | of a peace officer beyond that which is inherent in the normal
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25 | performance of police duties. Limitation of the terms of the | ||||||
26 | arbitration
decision pursuant to this subsection shall not be | ||||||
27 | construed to limit the
factors upon which the decision may be | ||||||
28 | based, as set forth in subsection (h).
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29 | In the case of fire fighter, and fire department or fire | ||||||
30 | district paramedic
matters, the arbitration decision shall be | ||||||
31 | limited to wages, hours, and
conditions of employment (which | ||||||
32 | may include residency requirements in
municipalities with a | ||||||
33 | population under 1,000,000, but those residency
requirements | ||||||
34 | shall not allow residency outside of Illinois) and shall not
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35 | include the
following matters: i) residency requirements in | ||||||
36 | municipalities with a
population of at least 1,000,000; ii) the |
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1 | type of equipment (other than
uniforms and fire fighter turnout | ||||||
2 | gear) issued or used; iii) the total
number of employees | ||||||
3 | employed by the department; iv) mutual aid and
assistance | ||||||
4 | agreements to other units of government; and v) the criterion
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5 | pursuant to which force, including deadly force, can be used; | ||||||
6 | provided,
however, nothing herein shall preclude an | ||||||
7 | arbitration decision regarding
equipment levels if such | ||||||
8 | decision is based on a finding that the equipment
| ||||||
9 | considerations in a specific work assignment involve a serious | ||||||
10 | risk to the
safety of a fire fighter beyond that which is | ||||||
11 | inherent in the normal
performance of fire fighter duties. | ||||||
12 | Limitation of the terms of the
arbitration decision pursuant to | ||||||
13 | this subsection shall not be construed to
limit the facts upon | ||||||
14 | which the decision may be based, as set forth in
subsection | ||||||
15 | (h).
| ||||||
16 | The changes to this subsection (i) made by Public Act | ||||||
17 | 90-385 (relating to residency requirements) do not
apply to | ||||||
18 | persons who are employed by a combined department that performs | ||||||
19 | both
police and firefighting services; these persons shall be | ||||||
20 | governed by the
provisions of this subsection (i) relating to | ||||||
21 | peace officers, as they existed
before the amendment by Public | ||||||
22 | Act 90-385.
| ||||||
23 | To preserve historical bargaining rights, this subsection | ||||||
24 | shall not apply
to any provision of a fire fighter collective | ||||||
25 | bargaining agreement in effect
and applicable on the effective | ||||||
26 | date of this Act; provided, however, nothing
herein shall | ||||||
27 | preclude arbitration with respect to any such provision.
| ||||||
28 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
29 | by the
filing of a letter requesting mediation as required | ||||||
30 | under subsection (a)
of this Section. The commencement of a new | ||||||
31 | municipal fiscal year after the
initiation of arbitration | ||||||
32 | procedures under this Act, but before the
arbitration decision, | ||||||
33 | or its enforcement, shall not be deemed to render a
dispute | ||||||
34 | moot, or to otherwise impair the jurisdiction or authority of | ||||||
35 | the
arbitration panel or its decision. Increases in rates
of | ||||||
36 | compensation awarded by the arbitration panel may be effective |
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1 | only at
the start of the fiscal year next commencing after the | ||||||
2 | date of the arbitration
award. If a new fiscal year has | ||||||
3 | commenced either since the initiation of
arbitration | ||||||
4 | procedures under this Act or since any mutually agreed
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5 | extension of the statutorily required period of mediation
under | ||||||
6 | this Act by the parties to the labor dispute causing a
delay in | ||||||
7 | the initiation of arbitration, the foregoing limitations shall | ||||||
8 | be
inapplicable, and such awarded increases may be retroactive | ||||||
9 | to the
commencement of the fiscal year, any other statute or | ||||||
10 | charter provisions to
the contrary, notwithstanding. At any | ||||||
11 | time the parties, by stipulation, may
amend or modify an award | ||||||
12 | of arbitration.
| ||||||
13 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
14 | upon
appropriate petition by either the public employer or the | ||||||
15 | exclusive
bargaining representative, by the circuit court for | ||||||
16 | the county in which the
dispute arose or in which a majority of | ||||||
17 | the affected employees reside, but
only for reasons that the | ||||||
18 | arbitration panel was without or exceeded its
statutory | ||||||
19 | authority; the order is arbitrary, or capricious; or the order
| ||||||
20 | was procured by fraud, collusion or other similar and unlawful | ||||||
21 | means. Such
petitions for review must be filed with the | ||||||
22 | appropriate circuit court
within 90 days following the issuance | ||||||
23 | of the arbitration order. The
pendency of such proceeding for | ||||||
24 | review shall not automatically stay the
order of the | ||||||
25 | arbitration panel. The party against whom the final decision
of | ||||||
26 | any such court shall be adverse, if such court finds such | ||||||
27 | appeal or
petition to be frivolous, shall pay reasonable | ||||||
28 | attorneys' fees and costs to
the successful party as determined | ||||||
29 | by said court in its discretion. If said
court's decision | ||||||
30 | affirms the award of money, such award, if retroactive,
shall | ||||||
31 | bear interest at the rate of 12 percent per annum from the | ||||||
32 | effective
retroactive date.
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33 | (l) During the pendency of proceedings before the | ||||||
34 | arbitration panel,
existing wages, hours, and other conditions | ||||||
35 | of employment shall not be
changed by action of either party | ||||||
36 | without the consent of the other but a
party may so consent |
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1 | without prejudice to his rights or position under
this Act. The | ||||||
2 | proceedings are deemed to be pending before the arbitration
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3 | panel upon the initiation of arbitration procedures under this | ||||||
4 | Act.
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5 | (m) Security officers of public employers, and Peace | ||||||
6 | Officers, Fire
Fighters and fire department and fire protection | ||||||
7 | district paramedics,
covered by this Section may not withhold | ||||||
8 | services, nor may public employers
lock out or prevent such | ||||||
9 | employees from performing services at any time.
| ||||||
10 | (n) All of the terms decided upon by the arbitration panel | ||||||
11 | shall be included
in an agreement to be submitted to the public | ||||||
12 | employer's governing body
for ratification and adoption by law, | ||||||
13 | ordinance or the equivalent
appropriate means.
| ||||||
14 | The governing body shall review each term decided by the | ||||||
15 | arbitration panel.
If the governing body fails to reject one or | ||||||
16 | more terms of the
arbitration panel's decision by a 3/5 vote of | ||||||
17 | those duly elected and
qualified members of the governing body, | ||||||
18 | within 20 days of issuance, or
in the case of firefighters | ||||||
19 | employed by a state university, at the next
regularly scheduled | ||||||
20 | meeting of the governing body after issuance, such
term or | ||||||
21 | terms shall become a part of the collective bargaining | ||||||
22 | agreement of
the parties. If the governing body affirmatively | ||||||
23 | rejects one or more terms
of the arbitration panel's decision, | ||||||
24 | it must provide reasons for such
rejection with respect to each | ||||||
25 | term so rejected, within 20 days of such
rejection and the | ||||||
26 | parties shall return to the arbitration panel
for further | ||||||
27 | proceedings and issuance of a supplemental decision with | ||||||
28 | respect
to the rejected terms. Any supplemental decision by an | ||||||
29 | arbitration panel
or other decision maker agreed to by the | ||||||
30 | parties shall be submitted to
the governing body for | ||||||
31 | ratification and adoption in accordance with the
procedures and | ||||||
32 | voting requirements set forth in this Section.
The voting | ||||||
33 | requirements of this subsection shall apply to all disputes
| ||||||
34 | submitted to arbitration pursuant to this Section | ||||||
35 | notwithstanding any
contrary voting requirements contained in | ||||||
36 | any existing collective
bargaining agreement between the |
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1 | parties.
| ||||||
2 | (o) If the governing body of the employer votes to reject | ||||||
3 | the panel's
decision, the parties shall return to the panel | ||||||
4 | within 30 days from the
issuance of the reasons for rejection | ||||||
5 | for further proceedings and issuance
of a supplemental | ||||||
6 | decision. All reasonable costs of such supplemental
proceeding | ||||||
7 | including the exclusive representative's reasonable attorney's
| ||||||
8 | fees, as established by the Board, shall be paid by the | ||||||
9 | employer.
| ||||||
10 | (p) Notwithstanding the provisions of this Section the | ||||||
11 | employer and
exclusive representative may agree to submit | ||||||
12 | unresolved disputes concerning
wages, hours, terms and | ||||||
13 | conditions of employment to an alternative form of
impasse | ||||||
14 | resolution.
| ||||||
15 | (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; | ||||||
16 | 90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|