Labor Committee
Filed: 5/28/2008
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1 | AMENDMENT TO HOUSE BILL 4525
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2 | AMENDMENT NO. ______. Amend House Bill 4525 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Sections 3, 5, 6, 9, and 14 as follows: | ||||||
6 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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7 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
8 | context
otherwise requires:
| ||||||
9 | (a) "Board" means the Illinois
Labor Relations Board or, | ||||||
10 | with respect to a matter over which the
jurisdiction of the | ||||||
11 | Board is assigned to the State Panel or the Local Panel
under | ||||||
12 | Section 5, the panel having jurisdiction over the matter.
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13 | (b) "Collective bargaining" means bargaining over terms | ||||||
14 | and conditions
of employment, including hours, wages, and other | ||||||
15 | conditions of employment,
as detailed in Section 7 and which | ||||||
16 | are not excluded by Section 4.
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1 | (c) "Confidential employee" means an employee who, in the | ||||||
2 | regular course
of his or her duties, assists and acts in a | ||||||
3 | confidential capacity to persons
who formulate, determine, and | ||||||
4 | effectuate management policies with regard
to labor relations | ||||||
5 | or who, in the regular course of his or her duties, has
| ||||||
6 | authorized access to information relating to the effectuation
| ||||||
7 | or review of the employer's collective bargaining policies.
| ||||||
8 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
9 | persons, and their
apprentices and helpers.
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10 | (e) "Essential services employees" means those public | ||||||
11 | employees
performing functions so essential that the | ||||||
12 | interruption or termination of
the function will constitute a | ||||||
13 | clear and present danger to the health and
safety of the | ||||||
14 | persons in the affected community.
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15 | (f) "Exclusive representative", except with respect to | ||||||
16 | non-State fire
fighters and paramedics employed by fire | ||||||
17 | departments and fire protection
districts, non-State peace | ||||||
18 | officers, and peace officers in the
Department of State Police, | ||||||
19 | means the labor organization that has
been (i) designated by | ||||||
20 | the Board as the representative of a majority of public
| ||||||
21 | employees in an appropriate bargaining unit in accordance with | ||||||
22 | the procedures
contained in this Act, (ii) historically
| ||||||
23 | recognized by the State of Illinois or
any political | ||||||
24 | subdivision of the State before July 1, 1984
(the effective | ||||||
25 | date of this
Act) as the exclusive representative of the | ||||||
26 | employees in an appropriate
bargaining unit, (iii) after July |
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1 | 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
2 | employer upon evidence, acceptable to the Board, that the labor
| ||||||
3 | organization has been designated as the exclusive | ||||||
4 | representative by a
majority of the employees in an appropriate | ||||||
5 | bargaining unit;
(iv) recognized as the exclusive | ||||||
6 | representative of personal care attendants
or personal
| ||||||
7 | assistants under Executive Order 2003-8 prior to the effective | ||||||
8 | date of this
amendatory
Act of the 93rd General Assembly, and | ||||||
9 | the organization shall be considered to
be the
exclusive | ||||||
10 | representative of the personal care attendants or personal | ||||||
11 | assistants
as defined
in this Section; or (v) recognized as the | ||||||
12 | exclusive representative of child and day care home providers, | ||||||
13 | including licensed and license exempt providers, pursuant to an | ||||||
14 | election held under Executive Order 2005-1 prior to the | ||||||
15 | effective date of this amendatory Act of the 94th General | ||||||
16 | Assembly, and the organization shall be considered to be the | ||||||
17 | exclusive representative of the child and day care home | ||||||
18 | providers as defined in this Section.
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19 | With respect to non-State fire fighters and paramedics | ||||||
20 | employed by fire
departments and fire protection districts, | ||||||
21 | non-State peace officers, and
peace officers in the Department | ||||||
22 | of State Police,
"exclusive representative" means the labor | ||||||
23 | organization that has
been (i) designated by the Board as the | ||||||
24 | representative of a majority of peace
officers or fire fighters | ||||||
25 | in an appropriate bargaining unit in accordance
with the | ||||||
26 | procedures contained in this Act, (ii)
historically recognized
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1 | by the State of Illinois or any political subdivision of the | ||||||
2 | State before
January 1, 1986 (the effective date of this | ||||||
3 | amendatory Act of 1985) as the exclusive
representative by a | ||||||
4 | majority of the peace officers or fire fighters in an
| ||||||
5 | appropriate bargaining unit, or (iii) after January 1,
1986 | ||||||
6 | (the effective date of this amendatory
Act of 1985) recognized | ||||||
7 | by an employer upon evidence, acceptable to the
Board, that the | ||||||
8 | labor organization has been designated as the exclusive
| ||||||
9 | representative by a majority of the peace officers or fire | ||||||
10 | fighters in an
appropriate bargaining unit.
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11 | (g) "Fair share agreement" means an agreement between the | ||||||
12 | employer and
an employee organization under which all or any of | ||||||
13 | the employees in a
collective bargaining unit are required to | ||||||
14 | pay their proportionate share of
the costs of the collective | ||||||
15 | bargaining process, contract administration, and
pursuing | ||||||
16 | matters affecting wages, hours, and other conditions of | ||||||
17 | employment,
including organizing expenses, but not to exceed | ||||||
18 | the amount of dues uniformly required of members. The
amount | ||||||
19 | certified by the exclusive representative shall not include any | ||||||
20 | fees
for contributions related to the election or support of | ||||||
21 | any candidate for
political office. Nothing in this subsection | ||||||
22 | (g) shall
preclude an employee from making
voluntary political | ||||||
23 | contributions in conjunction with his or her fair share
| ||||||
24 | payment.
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25 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
26 | only, any
person who has been or is hereafter appointed to a |
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| |||||||
1 | fire department or fire
protection district or employed by a | ||||||
2 | state university and sworn or
commissioned to perform fire | ||||||
3 | fighter duties or paramedic duties, except that the
following | ||||||
4 | persons are not included: part-time fire fighters,
auxiliary, | ||||||
5 | reserve or voluntary fire fighters, including paid on-call fire
| ||||||
6 | fighters, clerks and dispatchers or other civilian employees of | ||||||
7 | a fire
department or fire protection district who are not | ||||||
8 | routinely expected to
perform fire fighter duties, or elected | ||||||
9 | officials.
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10 | (g-2) "General Assembly of the State of Illinois" means the
| ||||||
11 | legislative branch of the government of the State of Illinois, | ||||||
12 | as provided
for under Article IV of the Constitution of the | ||||||
13 | State of Illinois, and
includes but is not limited to the House | ||||||
14 | of Representatives, the Senate,
the Speaker of the House of | ||||||
15 | Representatives, the Minority Leader of the
House of | ||||||
16 | Representatives, the President of the Senate, the Minority | ||||||
17 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
18 | Support Services and any
legislative support services agency | ||||||
19 | listed in the Legislative Commission
Reorganization Act of | ||||||
20 | 1984.
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21 | (h) "Governing body" means, in the case of the State, the | ||||||
22 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
23 | of the Department of Central
Management Services, and the | ||||||
24 | Director of the Department of Labor; the county
board in the | ||||||
25 | case of a county; the corporate authorities in the case of a
| ||||||
26 | municipality; and the appropriate body authorized to provide |
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1 | for expenditures
of its funds in the case of any other unit of | ||||||
2 | government.
| ||||||
3 | (i) "Labor organization" means any organization in which | ||||||
4 | public employees
participate and that exists for the purpose, | ||||||
5 | in whole or in part, of dealing
with a public employer | ||||||
6 | concerning wages, hours, and other terms and conditions
of | ||||||
7 | employment, including the settlement of grievances.
| ||||||
8 | (j) "Managerial employee" means an individual who is | ||||||
9 | engaged
predominantly in executive and management functions | ||||||
10 | and is charged with the
responsibility of directing the | ||||||
11 | effectuation of management policies
and practices.
| ||||||
12 | (k) "Peace officer" means, for the purposes of this Act | ||||||
13 | only, any
persons who have been or are hereafter appointed to a | ||||||
14 | police force,
department, or agency and sworn or commissioned | ||||||
15 | to perform police duties,
except that the following persons are | ||||||
16 | not
included: part-time police
officers, special police | ||||||
17 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
18 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
19 | police",
court security officers as defined by Section 3-6012.1 | ||||||
20 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
21 | wardens, civilian parking meter and
parking facilities | ||||||
22 | personnel or other individuals specially appointed to
aid or | ||||||
23 | direct traffic at or near schools or public functions or to aid | ||||||
24 | in
civil defense or disaster, parking enforcement employees who | ||||||
25 | are not
commissioned as peace officers and who are not armed | ||||||
26 | and who are not
routinely expected to effect arrests, parking |
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| |||||||
1 | lot attendants, clerks and
dispatchers or other civilian | ||||||
2 | employees of a police department who are not
routinely expected | ||||||
3 | to effect arrests, or elected officials.
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4 | (l) "Person" includes one or more individuals, labor | ||||||
5 | organizations, public
employees, associations, corporations, | ||||||
6 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
7 | receivers, or the State of Illinois or any political
| ||||||
8 | subdivision of the State or governing body, but does not | ||||||
9 | include the General
Assembly of the State of Illinois or any | ||||||
10 | individual employed by the General
Assembly of the State of | ||||||
11 | Illinois.
| ||||||
12 | (m) "Professional employee" means any employee engaged in | ||||||
13 | work predominantly
intellectual and varied in character rather | ||||||
14 | than routine mental, manual,
mechanical or physical work; | ||||||
15 | involving the consistent exercise of discretion
and adjustment | ||||||
16 | in its performance; of such a character that the output | ||||||
17 | produced
or the result accomplished cannot be standardized in | ||||||
18 | relation to a given
period of time; and requiring advanced | ||||||
19 | knowledge in a field of science or
learning customarily | ||||||
20 | acquired by a prolonged course of specialized intellectual
| ||||||
21 | instruction and study in an institution of higher learning or a | ||||||
22 | hospital,
as distinguished from a general academic education or | ||||||
23 | from apprenticeship
or from training in the performance of | ||||||
24 | routine mental, manual, or physical
processes; or any employee | ||||||
25 | who has completed the courses of specialized
intellectual | ||||||
26 | instruction and study prescribed in this subsection (m) and is
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1 | performing related
work under the supervision of a professional | ||||||
2 | person to qualify to become
a professional employee as defined | ||||||
3 | in this subsection (m).
| ||||||
4 | (n) "Public employee" or "employee", for the purposes of | ||||||
5 | this Act, means
any individual employed by a public employer, | ||||||
6 | including (i) interns and residents
at public hospitals, (ii) | ||||||
7 | as of the effective date of this amendatory Act of the 93rd | ||||||
8 | General
Assembly, but not
before, personal care attendants and | ||||||
9 | personal assistants working under the Home
Services
Program | ||||||
10 | under Section 3 of the Disabled Persons Rehabilitation Act, | ||||||
11 | subject to
the
limitations set forth in this Act and in the | ||||||
12 | Disabled Persons Rehabilitation
Act,
and (iii) as of the | ||||||
13 | effective date of this amendatory Act of the 94th General | ||||||
14 | Assembly, but not before, child and day care home providers | ||||||
15 | participating in the child care assistance program under | ||||||
16 | Section 9A-11 of the Illinois Public Aid Code, subject to the | ||||||
17 | limitations set forth in this Act and in Section 9A-11 of the | ||||||
18 | Illinois Public Aid Code, but excluding all of the following: | ||||||
19 | employees of the
General Assembly of the State of Illinois; | ||||||
20 | elected officials; executive
heads of a department; members of | ||||||
21 | boards or commissions; the Executive
Inspectors General; any | ||||||
22 | special Executive Inspectors General; employees of each
Office | ||||||
23 | of an Executive Inspector General;
commissioners and employees | ||||||
24 | of the Executive Ethics Commission; the Auditor
General's | ||||||
25 | Inspector General; employees of the Office of the Auditor | ||||||
26 | General's
Inspector General; the Legislative Inspector |
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| |||||||
1 | General; any special Legislative
Inspectors General; employees | ||||||
2 | of the Office
of the Legislative Inspector General;
| ||||||
3 | commissioners and employees of the Legislative Ethics | ||||||
4 | Commission;
employees
of any
agency, board or commission | ||||||
5 | created by this Act; employees appointed to
State positions of | ||||||
6 | a temporary or emergency nature; all employees of school
| ||||||
7 | districts and higher education institutions except | ||||||
8 | firefighters and peace
officers employed
by a state university; | ||||||
9 | managerial employees; short-term employees;
confidential | ||||||
10 | employees; independent contractors; and supervisors except as
| ||||||
11 | provided in this Act.
| ||||||
12 | Personal care attendants and personal assistants shall not | ||||||
13 | be considered
public
employees for any purposes not | ||||||
14 | specifically provided for in the amendatory Act
of the
93rd | ||||||
15 | General Assembly, including but not limited to, purposes of | ||||||
16 | vicarious
liability in tort
and purposes of statutory | ||||||
17 | retirement or health insurance benefits. Personal
care
| ||||||
18 | attendants and personal assistants shall not be covered by the | ||||||
19 | State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| ||||||
20 | Child and day care home providers shall not be considered | ||||||
21 | public employees for any purposes not specifically provided for | ||||||
22 | in this amendatory Act of the 94th General Assembly, including | ||||||
23 | but not limited to, purposes of vicarious liability in tort and | ||||||
24 | purposes of statutory retirement or health insurance benefits. | ||||||
25 | Child and day care home providers shall not be covered by the | ||||||
26 | State Employees Group Insurance Act of 1971. |
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1 | Notwithstanding Section 9, subsection (c), or any other | ||||||
2 | provisions of
this Act, all peace officers above the rank of | ||||||
3 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
4 | shall be excluded
from this Act.
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5 | (o) Except as otherwise in subsection (o-5), "public | ||||||
6 | employer" or "employer" means the State of Illinois; any
| ||||||
7 | political subdivision of the State, unit of local government or | ||||||
8 | school
district; authorities including departments, divisions, | ||||||
9 | bureaus, boards,
commissions, or other agencies of the | ||||||
10 | foregoing entities; and any person
acting within the scope of | ||||||
11 | his or her authority, express or implied, on
behalf of those | ||||||
12 | entities in dealing with its employees.
As of the effective | ||||||
13 | date of the amendatory Act of the 93rd General Assembly,
but | ||||||
14 | not
before, the State of Illinois shall be considered the | ||||||
15 | employer of the personal
care
attendants and personal | ||||||
16 | assistants working under the Home Services Program
under
| ||||||
17 | Section 3 of the Disabled Persons Rehabilitation Act, subject | ||||||
18 | to the
limitations set forth
in this Act and in the Disabled | ||||||
19 | Persons Rehabilitation Act. The State shall not
be
considered | ||||||
20 | to be the employer of personal care attendants and personal
| ||||||
21 | assistants for any
purposes not specifically provided for in | ||||||
22 | this amendatory Act of the 93rd
General
Assembly, including but | ||||||
23 | not limited to, purposes of vicarious liability in tort
and
| ||||||
24 | purposes of statutory retirement or health insurance benefits. | ||||||
25 | Personal care
attendants
and personal assistants shall not be | ||||||
26 | covered by the State Employees Group
Insurance Act of 1971
(5 |
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| |||||||
1 | ILCS 375/).
As of the effective date of this amendatory Act of | ||||||
2 | the 94th General Assembly but not before, the State of Illinois | ||||||
3 | shall be considered the employer of the day and child care home | ||||||
4 | providers participating in the child care assistance program | ||||||
5 | under Section 9A-11 of the Illinois Public Aid Code, subject to | ||||||
6 | the limitations set forth in this Act and in Section 9A-11 of | ||||||
7 | the Illinois Public Aid Code. The State shall not be considered | ||||||
8 | to be the employer of child and day care home providers for any | ||||||
9 | purposes not specifically provided for in this amendatory Act | ||||||
10 | of the 94th General Assembly, including but not limited to, | ||||||
11 | purposes of vicarious liability in tort and purposes of | ||||||
12 | statutory retirement or health insurance benefits. Child and | ||||||
13 | day care home providers shall not be covered by the State | ||||||
14 | Employees Group Insurance Act of 1971. | ||||||
15 | "Public employer" or
"employer" as used in this Act, | ||||||
16 | however, does not
mean and shall not include the General | ||||||
17 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
18 | Commission, the Offices of the Executive Inspectors
General, | ||||||
19 | the Legislative Ethics Commission, the Office of the | ||||||
20 | Legislative
Inspector General, the Office of the Auditor | ||||||
21 | General's Inspector General,
and educational employers or | ||||||
22 | employers as defined in the Illinois
Educational Labor | ||||||
23 | Relations Act, except with respect to a state university in
its | ||||||
24 | employment of firefighters and peace officers. County boards | ||||||
25 | and county
sheriffs shall be
designated as joint or | ||||||
26 | co-employers of county peace officers appointed
under the |
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| |||||||
1 | authority of a county sheriff. Nothing in this subsection
(o) | ||||||
2 | shall be construed
to prevent the State Panel or the Local | ||||||
3 | Panel
from determining that employers are joint or | ||||||
4 | co-employers.
| ||||||
5 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
6 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
7 | other conditions of
employment, the public employer of public | ||||||
8 | employees who are court reporters, as
defined in the Court | ||||||
9 | Reporters Act, shall be determined as
follows:
| ||||||
10 | (1) For court reporters employed by the Cook County | ||||||
11 | Judicial
Circuit, the chief judge of the Cook County | ||||||
12 | Circuit
Court is the public employer and employer | ||||||
13 | representative.
| ||||||
14 | (2) For court reporters employed by the 12th, 18th, | ||||||
15 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
16 | circuits, a group consisting of the chief judges of those | ||||||
17 | circuits, acting
jointly by majority vote, is the public | ||||||
18 | employer and employer representative.
| ||||||
19 | (3) For court reporters employed by all other judicial | ||||||
20 | circuits,
a group consisting of the chief judges of those | ||||||
21 | circuits, acting jointly by
majority vote, is the public | ||||||
22 | employer and employer representative.
| ||||||
23 | (p) "Security employee" means an employee who is | ||||||
24 | responsible for the
supervision and control of inmates at | ||||||
25 | correctional facilities. The term
also includes other | ||||||
26 | non-security employees in bargaining units having the
majority |
| |||||||
| |||||||
1 | of employees being responsible for the supervision and control | ||||||
2 | of
inmates at correctional facilities.
| ||||||
3 | (q) "Short-term employee" means an employee who is employed | ||||||
4 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
5 | year and who does
not have a reasonable assurance that he or | ||||||
6 | she will be rehired by the
same employer for the same service | ||||||
7 | in a subsequent calendar year.
| ||||||
8 | (r) "Supervisor" is an employee whose principal work is | ||||||
9 | substantially
different from that of his or her subordinates | ||||||
10 | and who has authority, in the
interest of the employer, to | ||||||
11 | hire, transfer, suspend, lay off, recall,
promote, discharge, | ||||||
12 | direct, reward, or discipline employees, to adjust
their | ||||||
13 | grievances, or to effectively recommend any of those actions, | ||||||
14 | if the
exercise
of that authority is not of a merely routine or | ||||||
15 | clerical nature, but
requires the consistent use of independent | ||||||
16 | judgment. Except with respect to
police employment, the term | ||||||
17 | "supervisor" includes only those individuals
who devote a | ||||||
18 | preponderance of their employment time to exercising that
| ||||||
19 | authority, State supervisors notwithstanding. In addition, in | ||||||
20 | determining
supervisory status in police employment, rank | ||||||
21 | shall not be determinative.
The Board shall consider, as | ||||||
22 | evidence of bargaining unit inclusion or
exclusion, the common | ||||||
23 | law enforcement policies and relationships between
police | ||||||
24 | officer ranks and certification under applicable civil service | ||||||
25 | law,
ordinances, personnel codes, or Division 2.1 of Article 10 | ||||||
26 | of the Illinois
Municipal Code, but these factors shall not
be |
| |||||||
| |||||||
1 | the sole or predominant factors considered by the Board in | ||||||
2 | determining
police supervisory status.
| ||||||
3 | Notwithstanding the provisions of the preceding paragraph, | ||||||
4 | in determining
supervisory status in fire fighter employment, | ||||||
5 | no fire fighter shall be
excluded as a supervisor who has | ||||||
6 | established representation rights under
Section 9 of this Act. | ||||||
7 | Further, in new fire fighter units, employees shall
consist of | ||||||
8 | fire fighters of the rank of company officer and below. If a | ||||||
9 | company officer otherwise qualifies as a supervisor under the | ||||||
10 | preceding paragraph, however, he or she shall
not be included | ||||||
11 | in the fire fighter
unit. If there is no rank between that of | ||||||
12 | chief and the
highest company officer, the employer may | ||||||
13 | designate a position on each
shift as a Shift Commander, and | ||||||
14 | the persons occupying those positions shall
be supervisors. All | ||||||
15 | other ranks above that of company officer shall be
supervisors.
| ||||||
16 | (s) (1) "Unit" means a class of jobs or positions that are | ||||||
17 | held by
employees whose collective interests may suitably | ||||||
18 | be represented by a labor
organization for collective | ||||||
19 | bargaining. Except with respect to non-State fire
fighters | ||||||
20 | and paramedics employed by fire departments and fire | ||||||
21 | protection
districts, non-State peace officers, and peace | ||||||
22 | officers in the Department of
State Police, a bargaining | ||||||
23 | unit determined by the Board shall not include both
| ||||||
24 | employees and supervisors, or supervisors only, except as | ||||||
25 | provided in paragraph
(2) of this subsection (s) and except | ||||||
26 | for bargaining units in existence on July
1, 1984 (the |
| |||||||
| |||||||
1 | effective date of this Act). With respect to non-State fire
| ||||||
2 | fighters and paramedics employed by fire departments and | ||||||
3 | fire protection
districts, non-State peace officers, and | ||||||
4 | peace officers in the Department of
State Police, a | ||||||
5 | bargaining unit determined by the Board shall not include | ||||||
6 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
7 | except as provided in
paragraph (2) of this subsection (s) | ||||||
8 | and except for bargaining units in
existence on January 1, | ||||||
9 | 1986 (the effective date of this amendatory Act of
1985). A | ||||||
10 | bargaining unit determined by the Board to contain peace | ||||||
11 | officers
shall contain no employees other than peace | ||||||
12 | officers unless otherwise agreed to
by the employer and the | ||||||
13 | labor organization or labor organizations involved.
| ||||||
14 | Notwithstanding any other provision of this Act, a | ||||||
15 | bargaining unit, including a
historical bargaining unit, | ||||||
16 | containing sworn peace officers of the Department
of | ||||||
17 | Natural Resources (formerly designated the Department of | ||||||
18 | Conservation) shall
contain no employees other than such | ||||||
19 | sworn peace officers upon the effective
date of this | ||||||
20 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
21 | collective bargaining agreement in effect upon the | ||||||
22 | effective date of this
amendatory Act of 1990 covering both | ||||||
23 | such sworn peace officers and other
employees.
| ||||||
24 | (2) Notwithstanding the exclusion of supervisors from | ||||||
25 | bargaining units
as provided in paragraph (1) of this | ||||||
26 | subsection (s), a public
employer may agree to permit its |
| |||||||
| |||||||
1 | supervisory employees to form bargaining units
and may | ||||||
2 | bargain with those units. This Act shall apply if the | ||||||
3 | public employer
chooses to bargain under this subsection.
| ||||||
4 | (3) Public employees who are court reporters, as | ||||||
5 | defined
in the Court Reporters Act,
shall be divided into 3 | ||||||
6 | units for collective bargaining purposes. One unit
shall be | ||||||
7 | court reporters employed by the Cook County Judicial | ||||||
8 | Circuit; one
unit shall be court reporters employed by the | ||||||
9 | 12th, 18th, 19th, and, on and after December 4, 2006, the | ||||||
10 | 22nd judicial
circuits; and one unit shall be court | ||||||
11 | reporters employed by all other
judicial circuits.
| ||||||
12 | (Source: P.A. 94-98, eff. 7-1-05; 94-320, eff. 1-1-06; 95-331, | ||||||
13 | eff. 8-21-07.)
| ||||||
14 | (5 ILCS 315/5) (from Ch. 48, par. 1605)
| ||||||
15 | Sec. 5. Illinois Labor Relations Board; State Panel; Local | ||||||
16 | Panel.
| ||||||
17 | (a) There is created the Illinois Labor Relations Board. | ||||||
18 | The Board shall
be comprised of 2 panels, to be known as the | ||||||
19 | State Panel and the Local Panel.
| ||||||
20 | (a-5) The State Panel shall have jurisdiction over | ||||||
21 | collective bargaining
matters between employee organizations | ||||||
22 | and the State of Illinois, excluding the
General Assembly of | ||||||
23 | the State of Illinois, between employee organizations and
units | ||||||
24 | of local government and school districts with a population not | ||||||
25 | in excess
of 2 million persons, and between employee |
| |||||||
| |||||||
1 | organizations and the Regional
Transportation Authority.
| ||||||
2 | The State Panel shall consist of 5 members appointed by the | ||||||
3 | Governor, with
the advice and consent of the Senate. The | ||||||
4 | Governor shall appoint to the State
Panel only persons who have | ||||||
5 | had a minimum of 5 years of experience directly
related to | ||||||
6 | labor and employment relations in representing public | ||||||
7 | employers,
private employers or labor organizations; or | ||||||
8 | teaching labor or employment
relations; or administering | ||||||
9 | executive orders or regulations applicable to labor
or | ||||||
10 | employment relations. At the time of his or her appointment, | ||||||
11 | each member of
the State Panel shall be an Illinois resident. | ||||||
12 | The Governor shall designate
one member to serve as the | ||||||
13 | Chairman of the State Panel and the Board.
| ||||||
14 | Notwithstanding any other provision of this Section, the | ||||||
15 | term of each
member of the State Panel who was appointed by the | ||||||
16 | Governor and is in office
on June 30, 2003 shall terminate at | ||||||
17 | the close of business on that date or when
all of the successor | ||||||
18 | members to be appointed pursuant to this amendatory Act
of the | ||||||
19 | 93rd General Assembly have been appointed by the Governor, | ||||||
20 | whichever
occurs later. As soon as possible, the Governor shall | ||||||
21 | appoint persons to
fill the vacancies created by this | ||||||
22 | amendatory Act.
| ||||||
23 | The initial appointments under this amendatory Act of the | ||||||
24 | 93rd
General Assembly shall be for terms as follows: The | ||||||
25 | Chairman shall initially
be appointed for a term ending on the | ||||||
26 | 4th Monday in January, 2007;
2 members shall be initially |
| |||||||
| |||||||
1 | appointed for terms ending on the 4th Monday in
January, 2006; | ||||||
2 | one member shall be initially appointed for a term
ending on | ||||||
3 | the 4th Monday in January, 2005; and one member shall be
| ||||||
4 | initially appointed for a term ending on the 4th Monday in | ||||||
5 | January, 2004. Each
subsequent member shall be appointed for a | ||||||
6 | term of 4 years, commencing on the
4th Monday in January. Upon | ||||||
7 | expiration of the term of office of any appointive
member, that | ||||||
8 | member shall continue to serve until a successor shall be
| ||||||
9 | appointed and qualified. In case of a vacancy, a successor | ||||||
10 | shall be appointed
to serve for the unexpired portion of the | ||||||
11 | term. If the Senate is not in
session at the time the initial | ||||||
12 | appointments are made, the Governor
shall make temporary | ||||||
13 | appointments in the same manner successors are appointed
to | ||||||
14 | fill vacancies. A temporary appointment shall remain in effect | ||||||
15 | no longer
than 20 calendar days after the commencement of the | ||||||
16 | next Senate session.
| ||||||
17 | (b) The Local Panel shall have jurisdiction over collective | ||||||
18 | bargaining
agreement matters between employee organizations | ||||||
19 | and units of local government
with a population in excess of 2 | ||||||
20 | million persons, but excluding the Regional
Transportation | ||||||
21 | Authority.
| ||||||
22 | The Local Panel shall consist of one person appointed by | ||||||
23 | the Governor with
the advice and consent of the Senate (or, if | ||||||
24 | no such person is appointed, the
Chairman of the State Panel) | ||||||
25 | and two additional members, one appointed by the
Mayor of the | ||||||
26 | City of Chicago and one appointed by the President of the Cook
|
| |||||||
| |||||||
1 | County Board of Commissioners. Appointees to the Local Panel | ||||||
2 | must have had a
minimum of 5 years of experience directly | ||||||
3 | related to labor and employment
relations in representing | ||||||
4 | public employers, private employers or labor
organizations; or | ||||||
5 | teaching labor or employment relations; or administering
| ||||||
6 | executive orders or regulations applicable to labor or | ||||||
7 | employment relations.
Each member of the Local Panel shall be | ||||||
8 | an Illinois resident at the time of
his or her appointment. The | ||||||
9 | member appointed by the Governor (or, if no such
person is | ||||||
10 | appointed, the Chairman of the State Panel) shall serve as the
| ||||||
11 | Chairman of the Local Panel.
| ||||||
12 | Notwithstanding any other provision of this Section, the | ||||||
13 | term of the
member of the Local Panel who was appointed by the | ||||||
14 | Governor and is in office
on June 30, 2003 shall terminate at | ||||||
15 | the close of business on that date or when
his or her successor | ||||||
16 | has been appointed by the Governor, whichever occurs
later. As | ||||||
17 | soon as possible, the Governor shall appoint a person to fill | ||||||
18 | the
vacancy created by this amendatory Act. The initial | ||||||
19 | appointment under this
amendatory Act of the 93rd General | ||||||
20 | Assembly shall be for a term ending on the
4th Monday in | ||||||
21 | January, 2007.
| ||||||
22 | The initial appointments under this amendatory Act of the | ||||||
23 | 91st General
Assembly shall be for terms as follows: The member | ||||||
24 | appointed by the Governor
shall initially be appointed for a | ||||||
25 | term ending on the 4th Monday in January,
2001; the member | ||||||
26 | appointed by the President of the Cook County Board shall be
|
| |||||||
| |||||||
1 | initially appointed for a term ending on the 4th Monday in | ||||||
2 | January, 2003; and
the member appointed by the Mayor of the | ||||||
3 | City of Chicago shall be initially
appointed for a term ending | ||||||
4 | on the 4th Monday in January, 2004. Each
subsequent member | ||||||
5 | shall be appointed for a term of 4 years, commencing
on the 4th | ||||||
6 | Monday in January. Upon expiration of the term of office of any
| ||||||
7 | appointive member, the member shall continue to serve until a | ||||||
8 | successor shall
be appointed and qualified. In the case of a | ||||||
9 | vacancy, a successor shall be
appointed by the applicable | ||||||
10 | appointive authority to serve for the unexpired
portion of the | ||||||
11 | term.
| ||||||
12 | (c) Three members of the State Panel shall at all times | ||||||
13 | constitute
a quorum. Two members of the Local Panel shall at | ||||||
14 | all times constitute a
quorum. A vacancy on a panel does not | ||||||
15 | impair the right of the remaining
members to exercise all of | ||||||
16 | the powers of that panel. Each panel shall adopt an
official | ||||||
17 | seal which shall be judicially noticed. The salary of the | ||||||
18 | Chairman of
the State Panel shall be $82,429 per year, or as | ||||||
19 | set by the Compensation Review
Board, whichever is greater, and | ||||||
20 | that of the other members of the State and
Local Panels shall | ||||||
21 | be $74,188 per year, or as set by the Compensation Review
| ||||||
22 | Board, whichever is greater.
| ||||||
23 | (d) Each member shall devote his or her entire time to the | ||||||
24 | duties of
the office, and shall hold no other office or | ||||||
25 | position of profit, nor engage
in any other business, | ||||||
26 | employment, or vocation.
No member shall hold any other public |
| |||||||
| |||||||
1 | office or be employed as a labor
or management representative | ||||||
2 | by the State or any political subdivision of
the State or of | ||||||
3 | any department or agency thereof, or actively represent or act
| ||||||
4 | on behalf of an employer or an employee organization or an | ||||||
5 | employer in labor
relations matters. Any member of the State | ||||||
6 | Panel may be removed
from office by the Governor for | ||||||
7 | inefficiency,
neglect of duty, misconduct or malfeasance in | ||||||
8 | office, and for no other cause,
and only upon notice and | ||||||
9 | hearing. Any member of the Local Panel
may be removed from | ||||||
10 | office by the applicable appointive authority for
| ||||||
11 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
12 | office, and for no
other cause, and only upon notice and | ||||||
13 | hearing.
| ||||||
14 | (e) Each panel at the end of every State fiscal
year shall | ||||||
15 | make a report in writing to the Governor and the General | ||||||
16 | Assembly,
stating in detail the work it has done in hearing and | ||||||
17 | deciding cases and
otherwise.
| ||||||
18 | (f) In order to accomplish the objectives and carry out the | ||||||
19 | duties
prescribed by this Act, a panel or its
authorized | ||||||
20 | designees may hold elections to determine whether a labor
| ||||||
21 | organization has majority status; investigate and attempt to | ||||||
22 | resolve or settle
charges of unfair labor practices; hold | ||||||
23 | hearings in order to carry out its
functions; develop and | ||||||
24 | effectuate appropriate impasse resolution procedures for
| ||||||
25 | purposes of resolving labor disputes; require the appearance of | ||||||
26 | witnesses and
the production of evidence on any matter under |
| |||||||
| |||||||
1 | inquiry; and administer oaths
and affirmations. The panels | ||||||
2 | shall sign and report in
full an opinion in every case which | ||||||
3 | they decide.
| ||||||
4 | (g) Each panel may appoint or employ an executive
director, | ||||||
5 | attorneys, hearing officers, mediators, fact-finders, | ||||||
6 | arbitrators,
and such other employees as it may deem necessary | ||||||
7 | to perform
its functions. The governing boards shall prescribe | ||||||
8 | the duties
and qualifications of such persons appointed and, | ||||||
9 | subject to the annual
appropriation, fix their compensation and | ||||||
10 | provide for reimbursement of actual
and necessary expenses | ||||||
11 | incurred in the performance of their duties. The Board shall | ||||||
12 | employ a minimum of 16 attorneys and 6 investigators.
| ||||||
13 | (h) Each panel shall exercise general supervision
over all | ||||||
14 | attorneys which it employs and over the other persons employed | ||||||
15 | to
provide necessary support services for such attorneys. The | ||||||
16 | panels shall have final authority in respect to complaints
| ||||||
17 | brought pursuant to this Act.
| ||||||
18 | (i) The following rules and regulations shall be adopted by | ||||||
19 | the panels meeting in joint session: (1) procedural rules and
| ||||||
20 | regulations which shall govern all Board proceedings; (2) | ||||||
21 | procedures for
election of exclusive bargaining | ||||||
22 | representatives pursuant to Section 9, except
for the | ||||||
23 | determination of appropriate bargaining units; and (3) | ||||||
24 | appointment
of counsel pursuant to subsection (k) of this | ||||||
25 | Section.
| ||||||
26 | (j) Rules and regulations may be adopted, amended or |
| |||||||
| |||||||
1 | rescinded only
upon a vote of 5 of the members of the State and | ||||||
2 | Local Panels meeting
in joint session. The adoption,
amendment | ||||||
3 | or rescission of rules and regulations shall be in conformity | ||||||
4 | with
the requirements of the Illinois Administrative Procedure | ||||||
5 | Act.
| ||||||
6 | (k) The panels in joint session shall promulgate
rules and | ||||||
7 | regulations providing for the appointment of attorneys or other | ||||||
8 | Board
representatives to represent persons in unfair labor | ||||||
9 | practice proceedings
before a panel. The regulations governing | ||||||
10 | appointment
shall require the applicant to demonstrate an | ||||||
11 | inability to pay for or inability
to otherwise provide for | ||||||
12 | adequate representation before a panel. Such rules
must also | ||||||
13 | provide: (1) that an attorney may not be
appointed in cases | ||||||
14 | which, in the opinion of a panel, are clearly
without merit; | ||||||
15 | (2) the stage of the unfair labor proceeding at which counsel
| ||||||
16 | will be appointed; and (3) the circumstances under which a | ||||||
17 | client will be
allowed to select counsel.
| ||||||
18 | (1) The panels in joint session may promulgate
rules and | ||||||
19 | regulations which allow parties in proceedings before a panel | ||||||
20 | to be represented by counsel or any other representative
of the | ||||||
21 | party's choice.
| ||||||
22 | (m) The Chairman of the State Panel shall serve
as Chairman | ||||||
23 | of a joint session of the panels.
Attendance of at least 2 | ||||||
24 | members of the State Panel and at least one
member of the Local | ||||||
25 | Panel, in addition to
the Chairman, shall constitute a quorum | ||||||
26 | at a joint session. The panels shall
meet in joint session at |
| |||||||
| |||||||
1 | least annually.
| ||||||
2 | (Source: P.A. 93-509, eff. 8-11-03.)
| ||||||
3 | (5 ILCS 315/6) (from Ch. 48, par. 1606)
| ||||||
4 | Sec. 6. Right to organize and bargain collectively; | ||||||
5 | exclusive
representation; and fair share arrangements. | ||||||
6 | (a) Employees of the State and
any political subdivision of | ||||||
7 | the State, excluding employees of the General
Assembly of the | ||||||
8 | State of Illinois, have, and are protected in the exercise
of, | ||||||
9 | the right of self-organization,
and may form, join or assist | ||||||
10 | any labor organization, to bargain collectively
through | ||||||
11 | representatives of their own choosing on questions of wages, | ||||||
12 | hours
and other conditions of employment, not excluded by | ||||||
13 | Section 4 of this Act,
and to engage in other concerted | ||||||
14 | activities not otherwise prohibited by law
for the purposes of | ||||||
15 | collective bargaining or other mutual aid or protection,
free | ||||||
16 | from interference, restraint or coercion. Employees also have, | ||||||
17 | and
are protected in the exercise of, the right to refrain from | ||||||
18 | participating
in any such concerted activities. Employees may | ||||||
19 | be required,
pursuant to the terms of a lawful fair share | ||||||
20 | agreement, to pay a fee which
shall be their proportionate | ||||||
21 | share
of the costs of the collective bargaining process, | ||||||
22 | contract administration
and pursuing matters affecting wages, | ||||||
23 | hours and other conditions of employment
as defined in Section | ||||||
24 | 3(g).
| ||||||
25 | (b) Nothing in this Act prevents an employee from |
| |||||||
| |||||||
1 | presenting a grievance
to the employer and having the grievance | ||||||
2 | heard and settled without the
intervention of an employee | ||||||
3 | organization; provided that the exclusive
bargaining | ||||||
4 | representative is afforded the opportunity to be present at | ||||||
5 | such
conference and that any settlement made shall not be | ||||||
6 | inconsistent with the
terms of any agreement in effect between | ||||||
7 | the employer and the exclusive
bargaining representative.
| ||||||
8 | (c) A labor organization designated by the Board as the | ||||||
9 | representative
of the majority of public employees in an | ||||||
10 | appropriate unit in accordance
with the procedures herein or | ||||||
11 | recognized
by a public employer as the representative of the | ||||||
12 | majority of public employees
in an appropriate unit is the | ||||||
13 | exclusive representative for the employees
of such unit for the | ||||||
14 | purpose of collective bargaining with respect to rates
of pay, | ||||||
15 | wages, hours and other conditions of employment not excluded by
| ||||||
16 | Section 4 of this Act. A public employer is required upon | ||||||
17 | request to furnish the exclusive bargaining representative | ||||||
18 | with a complete list of the names and addresses of the public | ||||||
19 | employees in the bargaining unit, provided that a public | ||||||
20 | employer shall not be required to furnish such a list more than | ||||||
21 | once per payroll period. The exclusive bargaining | ||||||
22 | representative shall use the list exclusively for bargaining | ||||||
23 | representation purposes and shall not disclose any information | ||||||
24 | contained in the list for any other purpose. Nothing in this | ||||||
25 | Section, however, shall prohibit a bargaining representative | ||||||
26 | from disseminating a list of its union members.
|
| |||||||
| |||||||
1 | (d) Labor organizations recognized by a public employer as | ||||||
2 | the exclusive
representative or so designated in accordance | ||||||
3 | with the provisions of this
Act are responsible for | ||||||
4 | representing the interests of all public employees
in the unit. | ||||||
5 | Nothing herein shall be construed to limit an exclusive
| ||||||
6 | representative's right to exercise its discretion to refuse to | ||||||
7 | process
grievances of employees that are unmeritorious.
| ||||||
8 | (e) When a collective bargaining agreement is entered into | ||||||
9 | with an exclusive
representative, it may include in the | ||||||
10 | agreement a provision requiring employees
covered by the | ||||||
11 | agreement who are not members of the organization to pay
their | ||||||
12 | proportionate share of the costs of the collective bargaining | ||||||
13 | process,
contract administration and pursuing matters | ||||||
14 | affecting wages, hours and
conditions of employment, as defined | ||||||
15 | in Section 3 (g), including organizing expenses, but not to | ||||||
16 | exceed
the amount of dues uniformly required of members. The | ||||||
17 | organization shall
certify to the employer the amount | ||||||
18 | constituting each nonmember employee's
proportionate share | ||||||
19 | which shall not exceed dues uniformly required of members.
In | ||||||
20 | such case, the proportionate share payment in this Section | ||||||
21 | shall be deducted
by the employer from the earnings of the | ||||||
22 | nonmember employees and paid to
the employee organization.
| ||||||
23 | (f) Only the exclusive representative may negotiate
| ||||||
24 | provisions in a collective bargaining agreement providing for | ||||||
25 | the payroll
deduction of labor organization dues, fair share | ||||||
26 | payment, initiation fees
and assessments. Except as provided in |
| |||||||
| |||||||
1 | subsection (e) of this Section, any
such deductions shall only | ||||||
2 | be made upon an employee's written
authorization, and continued | ||||||
3 | until revoked in writing in the same manner or
until the | ||||||
4 | termination date of an applicable collective bargaining
| ||||||
5 | agreement. Such payments shall be paid to the exclusive | ||||||
6 | representative.
| ||||||
7 | Where a collective bargaining agreement is terminated, or | ||||||
8 | continues in effect beyond its scheduled expiration date | ||||||
9 | pending the negotiation of a successor agreement or the | ||||||
10 | resolution of an impasse under Section 14, the employer shall | ||||||
11 | continue to honor and abide by any dues deduction or fair share | ||||||
12 | clause contained therein until a new agreement is reached | ||||||
13 | including dues deduction or a fair share clause. For the | ||||||
14 | benefit of any successor exclusive representative certified | ||||||
15 | under this Act, this provision shall be applicable, provided | ||||||
16 | the successor exclusive representative: | ||||||
17 | (i) certifies to the employer the amount constituting | ||||||
18 | each non-member's proportionate share under subsection | ||||||
19 | (e); or | ||||||
20 | (ii) presents the employer with employee written | ||||||
21 | authorizations for the deduction of dues, assessments, and | ||||||
22 | fees under this subsection. | ||||||
23 | Failure to so honor and abide by dues deduction or fair | ||||||
24 | share clauses for the benefit of any exclusive representative, | ||||||
25 | including a successor, shall be a violation of the duty to | ||||||
26 | bargain and an unfair labor practice.
|
| |||||||
| |||||||
1 | (g) Agreements containing a fair share agreement must | ||||||
2 | safeguard the right
of nonassociation of employees based upon | ||||||
3 | bona fide religious tenets or
teachings of a church or | ||||||
4 | religious body of which such employees are members.
Such | ||||||
5 | employees may be required to pay an amount equal to their fair | ||||||
6 | share,
determined under a lawful fair share agreement, to a | ||||||
7 | nonreligious charitable
organization mutually agreed upon by | ||||||
8 | the employees affected and the exclusive
bargaining | ||||||
9 | representative to which such employees would otherwise pay such
| ||||||
10 | service fee. If the affected employees and the bargaining | ||||||
11 | representative
are unable to reach an agreement on the matter, | ||||||
12 | the Board may establish an
approved list of charitable | ||||||
13 | organizations to which such payments may be made.
| ||||||
14 | (Source: P.A. 93-854, eff. 1-1-05; 94-472, eff. 1-1-06.)
| ||||||
15 | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| ||||||
16 | Sec. 9. Elections; recognition.
| ||||||
17 | (a) Whenever in accordance with such
regulations as may be | ||||||
18 | prescribed by the Board a petition has been filed:
| ||||||
19 | (1) by a public employee or group of public employees | ||||||
20 | or any labor
organization acting in their behalf | ||||||
21 | demonstrating that 30% of the public
employees in an | ||||||
22 | appropriate unit (A) wish to be represented for the
| ||||||
23 | purposes of collective bargaining by a labor organization | ||||||
24 | as exclusive
representative, or (B) asserting that the | ||||||
25 | labor organization which has been
certified or is currently |
| |||||||
| |||||||
1 | recognized by the public employer as bargaining
| ||||||
2 | representative is no longer the representative of the | ||||||
3 | majority of public
employees in the unit; or
| ||||||
4 | (2) by a public employer alleging that one or more | ||||||
5 | labor organizations
have presented to it a claim that they | ||||||
6 | be recognized as the representative
of a majority of the | ||||||
7 | public employees in an appropriate unit,
| ||||||
8 | the Board
shall investigate such petition, and if it has | ||||||
9 | reasonable cause to believe
that a question of representation | ||||||
10 | exists, shall provide for an appropriate
hearing upon due | ||||||
11 | notice. Such hearing shall be held at the offices of
the Board | ||||||
12 | or such other location as the Board deems appropriate.
If it | ||||||
13 | finds upon the record of the hearing that a question of
| ||||||
14 | representation exists, it shall direct an election in | ||||||
15 | accordance with
subsection (d) of this Section, which election | ||||||
16 | shall be held not later than
120 days after the date the | ||||||
17 | petition was filed regardless of whether that
petition was | ||||||
18 | filed before or after the effective date of this amendatory
Act | ||||||
19 | of 1987; provided, however, the Board may extend the time for | ||||||
20 | holding an
election by an additional 60 days if, upon motion by | ||||||
21 | a person who has filed
a petition under this Section or is the | ||||||
22 | subject of a petition filed under
this Section and is a party | ||||||
23 | to such hearing, or upon the Board's own
motion, the Board | ||||||
24 | finds that good cause has been shown for extending the
election | ||||||
25 | date; provided further, that nothing in this Section shall | ||||||
26 | prohibit
the Board, in its discretion, from extending the time |
| |||||||
| |||||||
1 | for holding an
election for so long as may be necessary under | ||||||
2 | the circumstances, where the
purpose for such extension is to | ||||||
3 | permit resolution by the Board of an
unfair labor practice | ||||||
4 | charge filed by one of the parties to a
representational | ||||||
5 | proceeding against the other based upon conduct which may
| ||||||
6 | either affect the existence of a question concerning | ||||||
7 | representation or have
a tendency to interfere with a fair and | ||||||
8 | free election, where the party
filing the charge has not filed | ||||||
9 | a request to proceed with the election; and
provided further | ||||||
10 | that prior to the expiration of the total time allotted
for | ||||||
11 | holding an election, a person who has filed a petition under | ||||||
12 | this
Section or is the subject of a petition filed under this | ||||||
13 | Section and is a
party to such hearing or the Board, may move | ||||||
14 | for and obtain the entry
of an order in the circuit court of | ||||||
15 | the county in which the majority of the
public employees sought | ||||||
16 | to be represented by such person reside, such order
extending | ||||||
17 | the date upon which the election shall be held. Such order | ||||||
18 | shall
be issued by the circuit court only upon a judicial | ||||||
19 | finding that there has
been a sufficient showing that there is | ||||||
20 | good cause to extend the election
date beyond such period and | ||||||
21 | shall require the Board to hold the
election as soon as is | ||||||
22 | feasible given the totality of the circumstances.
Such 120 day | ||||||
23 | period may be extended one or more times by the agreement
of | ||||||
24 | all parties to the hearing to a date certain without the | ||||||
25 | necessity of
obtaining a court order. Nothing in this Section | ||||||
26 | prohibits the waiving
of hearings by stipulation for the |
| |||||||
| |||||||
1 | purpose of a consent election in conformity
with the rules and | ||||||
2 | regulations of the Board or an election in a unit agreed
upon | ||||||
3 | by the parties. Other interested employee organizations may | ||||||
4 | intervene
in the proceedings in the manner and within the time | ||||||
5 | period specified by
rules and regulations of the Board. | ||||||
6 | Interested parties who are necessary
to the proceedings may | ||||||
7 | also intervene in the proceedings in the manner and
within the | ||||||
8 | time period specified by the rules and regulations of the | ||||||
9 | Board.
| ||||||
10 | (a-5) The Board shall designate an exclusive | ||||||
11 | representative for purposes
of
collective bargaining when the | ||||||
12 | representative demonstrates a showing of
majority interest by | ||||||
13 | employees in the unit. If the parties to a dispute are
without
| ||||||
14 | agreement on the means to ascertain the choice, if any, of | ||||||
15 | employee
organization
as their representative, the Board shall | ||||||
16 | ascertain the employees' choice of
employee organization, on | ||||||
17 | the basis of dues deduction authorization or and other
| ||||||
18 | evidence, or, if necessary, by conducting an election. All | ||||||
19 | evidence submitted by an employee organization to the Board to | ||||||
20 | ascertain an employee's choice of an employee organization is | ||||||
21 | confidential and shall not be submitted to the employer for | ||||||
22 | review. The Board shall ascertain the employee's choice of | ||||||
23 | employee organization within 120 days after the filing of the | ||||||
24 | majority interest petition; however, the Board may extend time | ||||||
25 | by an additional 60 days, upon its own motion or upon the | ||||||
26 | motion of a party to the proceeding. If either party provides
|
| |||||||
| |||||||
1 | to the Board, before the designation of a representative, clear | ||||||
2 | and convincing
evidence that the dues deduction | ||||||
3 | authorizations, and other evidence upon which
the Board would | ||||||
4 | otherwise rely to ascertain the employees' choice of
| ||||||
5 | representative, are fraudulent or were obtained through | ||||||
6 | coercion, the Board
shall promptly thereafter conduct an | ||||||
7 | election. The Board shall also investigate
and consider a | ||||||
8 | party's allegations that the dues deduction authorizations and
| ||||||
9 | other evidence submitted in support of a designation of | ||||||
10 | representative without
an election were subsequently changed, | ||||||
11 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
12 | coercion, or any other unfair labor practice by the
employer. | ||||||
13 | If the Board determines that a labor organization would have | ||||||
14 | had a
majority interest but for an employer's fraud, coercion, | ||||||
15 | or unfair labor
practice, it shall designate the labor | ||||||
16 | organization as an exclusive
representative without conducting | ||||||
17 | an
election. If a hearing is necessary to resolve any issues of | ||||||
18 | representation under this Section, the Board shall conclude its | ||||||
19 | hearing process and issue a certification of the entire | ||||||
20 | appropriate unit not later than 120 days after the date the | ||||||
21 | petition was filed. The 120-day period may be extended one or | ||||||
22 | more times by the agreement of all parties to a hearing to a | ||||||
23 | date certain.
| ||||||
24 | (a-6) A labor organization or an employer may file a unit | ||||||
25 | clarification petition seeking to clarify an existing | ||||||
26 | bargaining unit. The Board shall conclude its investigation, |
| |||||||
| |||||||
1 | including any hearing process deemed necessary, and issue a | ||||||
2 | certification of clarified unit or dismiss the petition not | ||||||
3 | later than 120 days after the date the petition was filed. The | ||||||
4 | 120-day period may be extended one or more times by the | ||||||
5 | agreement of all parties to a hearing to a date certain. | ||||||
6 | (b) The Board shall decide in each case, in order to assure | ||||||
7 | public employees
the fullest freedom in exercising the rights | ||||||
8 | guaranteed by this Act, a unit
appropriate for the purpose of | ||||||
9 | collective bargaining, based upon but not
limited to such | ||||||
10 | factors as: historical pattern of recognition; community
of | ||||||
11 | interest including employee skills and functions; degree of | ||||||
12 | functional
integration; interchangeability and contact among | ||||||
13 | employees; fragmentation
of employee groups; common | ||||||
14 | supervision, wages, hours and other working
conditions of the | ||||||
15 | employees involved; and the desires of the employees.
For | ||||||
16 | purposes of this subsection, fragmentation shall not be the | ||||||
17 | sole or
predominant factor used by the Board in determining an | ||||||
18 | appropriate
bargaining unit. Except with respect to non-State | ||||||
19 | fire fighters and
paramedics employed by fire departments and | ||||||
20 | fire protection districts,
non-State peace officers and peace | ||||||
21 | officers in the State
Department of State Police, a single | ||||||
22 | bargaining unit determined by the
Board may not include both | ||||||
23 | supervisors and nonsupervisors, except for
bargaining units in | ||||||
24 | existence on the effective date of this Act. With
respect to | ||||||
25 | non-State fire fighters and paramedics employed by fire
| ||||||
26 | departments and fire protection districts, non-State peace |
| |||||||
| |||||||
1 | officers and
peace officers in the State Department of State | ||||||
2 | Police, a single bargaining
unit determined by the Board may | ||||||
3 | not include both supervisors and
nonsupervisors, except for | ||||||
4 | bargaining units in existence on the effective
date of this | ||||||
5 | amendatory Act of 1985.
| ||||||
6 | In cases involving an historical pattern of recognition, | ||||||
7 | and in cases where
the employer has recognized the union as the | ||||||
8 | sole and exclusive bargaining
agent for a specified existing | ||||||
9 | unit, the Board shall find the employees
in the unit then | ||||||
10 | represented by the union pursuant to the recognition to
be the | ||||||
11 | appropriate unit.
| ||||||
12 | Notwithstanding the above factors, where the majority of | ||||||
13 | public employees
of a craft so decide, the Board shall | ||||||
14 | designate such craft as a unit
appropriate for the purposes of | ||||||
15 | collective bargaining.
| ||||||
16 | The Board shall not decide that any unit is appropriate if | ||||||
17 | such unit
includes both professional and nonprofessional | ||||||
18 | employees, unless a majority
of each group votes for inclusion | ||||||
19 | in such unit.
| ||||||
20 | (c) Nothing in this Act shall interfere with or negate the | ||||||
21 | current
representation rights or patterns and practices of | ||||||
22 | labor organizations
which have historically represented public | ||||||
23 | employees for the purpose of
collective bargaining, including | ||||||
24 | but not limited to the negotiations of
wages, hours and working | ||||||
25 | conditions, discussions of employees' grievances,
resolution | ||||||
26 | of jurisdictional disputes, or the establishment and |
| |||||||
| |||||||
1 | maintenance
of prevailing wage rates, unless a majority of | ||||||
2 | employees so represented
express a contrary desire pursuant to | ||||||
3 | the procedures set forth in this Act.
| ||||||
4 | (d) In instances where the employer does not voluntarily | ||||||
5 | recognize a labor
organization as the exclusive bargaining | ||||||
6 | representative for a unit of
employees, the Board shall | ||||||
7 | determine the majority representative of the
public employees | ||||||
8 | in an appropriate collective bargaining unit by conducting
a | ||||||
9 | secret ballot election, except as otherwise provided in | ||||||
10 | subsection (a-5).
Within 7 days after the Board issues its
| ||||||
11 | bargaining unit determination and direction of election or the | ||||||
12 | execution of
a stipulation for the purpose of a consent | ||||||
13 | election, the public employer
shall submit to the labor | ||||||
14 | organization the complete names and addresses of
those | ||||||
15 | employees who are determined by the Board to be eligible to
| ||||||
16 | participate in the election. When the Board has determined that | ||||||
17 | a labor
organization has been fairly and freely chosen by a | ||||||
18 | majority of employees
in an appropriate unit, it shall certify | ||||||
19 | such organization as the exclusive
representative. If the Board | ||||||
20 | determines that a majority of employees in an
appropriate unit | ||||||
21 | has fairly and freely chosen not to be represented by a
labor | ||||||
22 | organization, it shall so certify. The Board may also revoke | ||||||
23 | the
certification of the public employee organizations as | ||||||
24 | exclusive bargaining
representatives which have been found by a | ||||||
25 | secret ballot election to be no
longer the majority | ||||||
26 | representative.
|
| |||||||
| |||||||
1 | (e) The Board shall not conduct an election in any | ||||||
2 | bargaining unit or
any subdivision thereof within which a valid | ||||||
3 | election has been held in the
preceding 12-month period. The | ||||||
4 | Board shall determine who is eligible to
vote in an election | ||||||
5 | and shall establish rules governing the conduct of the
election | ||||||
6 | or conduct affecting the results of the election. The Board | ||||||
7 | shall
include on a ballot in a representation election a choice | ||||||
8 | of "no
representation". A labor organization currently | ||||||
9 | representing the bargaining
unit of employees shall be placed | ||||||
10 | on the ballot in any representation
election. In any election | ||||||
11 | where none of the choices on the ballot receives
a majority, a | ||||||
12 | runoff election shall be conducted between the 2 choices
| ||||||
13 | receiving the largest number of valid votes cast in the | ||||||
14 | election. A labor
organization which receives a majority of the | ||||||
15 | votes cast in an election
shall be certified by the Board as | ||||||
16 | exclusive representative of all public
employees in the unit.
| ||||||
17 | (f) A labor
organization shall be designated as the | ||||||
18 | exclusive representative by a
public employer, provided that | ||||||
19 | the labor
organization represents a majority of the public | ||||||
20 | employees in an
appropriate unit. Any employee organization | ||||||
21 | which is designated or selected
by the majority of public | ||||||
22 | employees, in a unit of the public employer
having no other | ||||||
23 | recognized or certified representative, as their
| ||||||
24 | representative for purposes of collective bargaining may | ||||||
25 | request
recognition by the public employer in writing. The | ||||||
26 | public employer shall
post such request for a period of at |
| |||||||
| |||||||
1 | least 20 days following its receipt
thereof on bulletin boards | ||||||
2 | or other places used or reserved for employee
notices.
| ||||||
3 | (g) Within the 20-day period any other interested employee | ||||||
4 | organization
may petition the Board in the manner specified by | ||||||
5 | rules and regulations
of the Board, provided that such | ||||||
6 | interested employee organization has been
designated by at | ||||||
7 | least 10% of the employees in an appropriate bargaining
unit | ||||||
8 | which includes all or some of the employees in the unit | ||||||
9 | recognized
by the employer. In such event, the Board shall | ||||||
10 | proceed with the petition
in the same manner as provided by | ||||||
11 | paragraph (1) of subsection (a) of this
Section.
| ||||||
12 | (h) No election shall be directed by the Board in any | ||||||
13 | bargaining unit
where there is in force a valid collective | ||||||
14 | bargaining agreement. The Board,
however, may process an | ||||||
15 | election petition filed between 90 and 60 days prior
to the | ||||||
16 | expiration of the date of an agreement, and may further refine, | ||||||
17 | by
rule or decision, the implementation of this provision.
| ||||||
18 | Where more than 4 years have elapsed since the effective date | ||||||
19 | of the agreement,
the agreement shall continue to bar an | ||||||
20 | election, except that the Board may
process an election | ||||||
21 | petition filed between 90 and 60 days prior to the end of
the | ||||||
22 | fifth year of such an agreement, and between 90 and 60 days | ||||||
23 | prior to the
end of each successive year of such agreement.
| ||||||
24 | (i) An order of the Board dismissing a representation | ||||||
25 | petition,
determining and certifying that a labor organization | ||||||
26 | has been fairly and
freely chosen by a majority of employees in |
| |||||||
| |||||||
1 | an appropriate bargaining unit,
determining and certifying | ||||||
2 | that a labor organization has not been fairly
and freely chosen | ||||||
3 | by a majority of employees in the bargaining unit or
certifying | ||||||
4 | a labor organization as the exclusive representative of
| ||||||
5 | employees in an appropriate bargaining unit because of a | ||||||
6 | determination by
the Board that the labor organization is the | ||||||
7 | historical bargaining
representative of employees in the | ||||||
8 | bargaining unit, is a final order. Any
person aggrieved by any | ||||||
9 | such order issued on or after the effective date of
this | ||||||
10 | amendatory Act of 1987 may apply for and obtain judicial review | ||||||
11 | in
accordance with provisions of the Administrative Review Law, | ||||||
12 | as now or
hereafter amended, except that such review shall be | ||||||
13 | afforded directly in
the Appellate Court for the district in | ||||||
14 | which the aggrieved party resides
or transacts business.
Any | ||||||
15 | direct appeal to the Appellate Court shall be filed within 35 | ||||||
16 | days from
the date that a copy of the decision sought to be | ||||||
17 | reviewed was served upon the
party affected by the decision.
| ||||||
18 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
19 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| ||||||
20 | Sec. 14. Security Employee, Peace Officer and Fire Fighter | ||||||
21 | Disputes.
| ||||||
22 | (a) In the case of collective bargaining agreements | ||||||
23 | involving units of
security employees of a public employer, | ||||||
24 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
25 | and in the case of disputes under Section 18,
unless the |
| |||||||
| |||||||
1 | parties mutually agree to some other time limit, mediation
| ||||||
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.
|
| |||||||
| |||||||
1 | (c) Within 7 days after the request of either party, the | ||||||
2 | parties shall request a panel of impartial arbitrators from | ||||||
3 | which they shall select the neutral chairman according to the | ||||||
4 | procedures provided in this Section. If the parties have agreed | ||||||
5 | to a contract that contains a grievance resolution procedure as | ||||||
6 | provided in Section 8, the chairman shall be selected using | ||||||
7 | their agreed contract procedure unless they mutually agree to | ||||||
8 | another procedure. If the parties fail to notify the Board of | ||||||
9 | their selection of neutral chairman within 7 days after receipt | ||||||
10 | of the list of impartial arbitrators, the Board shall appoint, | ||||||
11 | at random, a neutral chairman from the list. In the absence of | ||||||
12 | an agreed contract procedure for selecting an impartial | ||||||
13 | arbitrator, either party may request a panel from the Board. | ||||||
14 | Within 7 days of the request of either party, the Board shall | ||||||
15 | select
from the Public Employees Labor Mediation Roster 7 | ||||||
16 | persons who are on the
labor arbitration panels of either the | ||||||
17 | American Arbitration Association or
the Federal Mediation and | ||||||
18 | Conciliation Service, or who are members of the
National | ||||||
19 | Academy of Arbitrators, as nominees for
impartial arbitrator of | ||||||
20 | the arbitration panel. The parties may select an
individual on | ||||||
21 | the list provided by the Board or any other individual
mutually | ||||||
22 | agreed upon by the parties. Within 7 days following the receipt
| ||||||
23 | of the list, the parties shall notify the Board of the person | ||||||
24 | they have
selected. Unless the parties agree on an alternate | ||||||
25 | selection procedure,
they shall alternatively strike one name | ||||||
26 | from the list provided by the
Board until only one name |
| |||||||
| |||||||
1 | remains. A coin toss shall determine which party
shall strike | ||||||
2 | the first name. If the parties fail to notify the Board in a
| ||||||
3 | timely manner of their selection for neutral chairman, the | ||||||
4 | Board shall
appoint a neutral chairman from the Illinois Public | ||||||
5 | Employees
Mediation/Arbitration Roster.
| ||||||
6 | (d) The chairman shall call a hearing to begin within 15 | ||||||
7 | days and give
reasonable notice of the time and place of the | ||||||
8 | hearing. The hearing
shall be held at the offices of the Board | ||||||
9 | or at such other location as the
Board deems appropriate. The | ||||||
10 | chairman shall preside over the hearing and
shall take | ||||||
11 | testimony. Any oral or documentary evidence and other data
| ||||||
12 | deemed relevant by the arbitration panel may be received in | ||||||
13 | evidence. The
proceedings shall be informal. Technical rules of | ||||||
14 | evidence shall not apply
and the competency of the evidence | ||||||
15 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
16 | proceedings shall be made and the arbitrator shall
arrange for | ||||||
17 | the necessary recording service. Transcripts may be ordered at
| ||||||
18 | the expense of the party ordering them, but the transcripts | ||||||
19 | shall not be
necessary for a decision by the arbitration panel. | ||||||
20 | The expense of the
proceedings, including a fee for the | ||||||
21 | chairman, established in advance by
the Board, shall be borne | ||||||
22 | equally by each of the parties to the dispute.
The delegates, | ||||||
23 | if public officers or employees, shall continue on the
payroll | ||||||
24 | of the public employer without loss of pay. The hearing | ||||||
25 | conducted
by the arbitration panel may be adjourned from time | ||||||
26 | to time, but unless
otherwise agreed by the parties, shall be |
| |||||||
| |||||||
1 | concluded within 30 days of the
time of its commencement. | ||||||
2 | Majority actions and rulings shall constitute
the actions and | ||||||
3 | rulings of the arbitration panel. Arbitration proceedings
| ||||||
4 | under this Section shall not be interrupted or terminated by | ||||||
5 | reason of any
unfair labor practice charge filed by either | ||||||
6 | party at any time.
| ||||||
7 | (e) The arbitration panel may administer oaths, require the | ||||||
8 | attendance
of witnesses, and the production of such books, | ||||||
9 | papers, contracts, agreements
and documents as may be deemed by | ||||||
10 | it material to a just determination of
the issues in dispute, | ||||||
11 | and for such purpose may issue subpoenas. If any
person refuses | ||||||
12 | to obey a subpoena, or refuses to be sworn or to testify,
or if | ||||||
13 | any witness, party or attorney is guilty of any contempt while | ||||||
14 | in
attendance at any hearing, the arbitration panel may, or the | ||||||
15 | attorney general
if requested shall, invoke the aid of any | ||||||
16 | circuit court within the jurisdiction
in which the hearing is | ||||||
17 | being held, which court shall issue an appropriate
order. Any | ||||||
18 | failure to obey the order may be punished by the court as | ||||||
19 | contempt.
| ||||||
20 | (f) At any time before the rendering of an award, the | ||||||
21 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
22 | it would be useful or
beneficial to do so, may remand the | ||||||
23 | dispute to the parties for further
collective bargaining for a | ||||||
24 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
25 | further collective bargaining the time provisions of this
Act | ||||||
26 | shall be extended for a time period equal to that of the |
| |||||||
| |||||||
1 | remand. The
chairman of the panel of arbitration shall notify | ||||||
2 | the Board of the remand.
| ||||||
3 | (g) At or before the conclusion of the hearing held | ||||||
4 | pursuant to subsection
(d), the arbitration panel shall | ||||||
5 | identify the economic issues in dispute,
and direct each of the | ||||||
6 | parties to submit, within such time limit as the
panel shall | ||||||
7 | prescribe, to the arbitration panel and to each other its last
| ||||||
8 | offer of settlement on each economic issue. The determination | ||||||
9 | of the
arbitration panel as to the issues in dispute and as to | ||||||
10 | which of these
issues are economic shall be conclusive. The | ||||||
11 | arbitration panel, within 30
days after the conclusion of the | ||||||
12 | hearing, or such further additional
periods to which the | ||||||
13 | parties may agree, shall make written findings of fact
and | ||||||
14 | promulgate a written opinion and shall mail or otherwise | ||||||
15 | deliver a true
copy thereof to the parties and their | ||||||
16 | representatives and to the Board. As
to each economic issue, | ||||||
17 | the arbitration panel shall adopt the last offer of
settlement | ||||||
18 | which, in the opinion of the arbitration panel, more nearly
| ||||||
19 | complies with the applicable factors prescribed in subsection | ||||||
20 | (h). The
findings, opinions and order as to all other issues | ||||||
21 | shall be based upon the
applicable factors prescribed in | ||||||
22 | subsection (h).
| ||||||
23 | (h) Where there is no agreement between the parties, or | ||||||
24 | where there is
an agreement but the parties have begun | ||||||
25 | negotiations or discussions looking
to a new agreement or | ||||||
26 | amendment of the existing agreement, and wage rates
or other |
| |||||||
| |||||||
1 | conditions of employment under the proposed new or amended | ||||||
2 | agreement
are in dispute, the arbitration panel shall base its | ||||||
3 | findings, opinions
and order upon the following factors, as | ||||||
4 | applicable:
| ||||||
5 | (1) The lawful authority of the employer.
| ||||||
6 | (2) Stipulations of the parties.
| ||||||
7 | (3) The interests and welfare of the public and the | ||||||
8 | financial ability
of the unit of government to meet those | ||||||
9 | costs.
| ||||||
10 | (4) Comparison of the wages, hours and conditions of | ||||||
11 | employment of the
employees involved in the arbitration | ||||||
12 | proceeding with the wages, hours and
conditions of | ||||||
13 | employment of other employees performing similar services
| ||||||
14 | and with other employees generally:
| ||||||
15 | (A) In public employment in comparable | ||||||
16 | communities.
| ||||||
17 | (B) In private employment in comparable | ||||||
18 | communities.
| ||||||
19 | (5) The average consumer prices for goods and services, | ||||||
20 | commonly known
as the cost of living.
| ||||||
21 | (6) The overall compensation presently received by the | ||||||
22 | employees,
including
direct wage compensation, vacations, | ||||||
23 | holidays and other excused time, insurance
and pensions, | ||||||
24 | medical and hospitalization benefits, the continuity and
| ||||||
25 | stability of employment and all other benefits received.
| ||||||
26 | (7) Changes in any of the foregoing circumstances |
| |||||||
| |||||||
1 | during the pendency
of the arbitration proceedings.
| ||||||
2 | (8) Such other factors, not confined to the foregoing, | ||||||
3 | which are normally
or traditionally taken into | ||||||
4 | consideration in the determination of wages,
hours and | ||||||
5 | conditions of employment through voluntary collective | ||||||
6 | bargaining,
mediation, fact-finding, arbitration or | ||||||
7 | otherwise between the parties, in
the public service or in | ||||||
8 | private employment.
| ||||||
9 | (i) In the case of peace officers, the arbitration decision | ||||||
10 | shall be
limited to wages, hours, and conditions of employment | ||||||
11 | (which may include
residency requirements in municipalities | ||||||
12 | with a population under 1,000,000, but
those residency | ||||||
13 | requirements shall not allow residency outside of Illinois)
and | ||||||
14 | shall not include
the following: i) residency requirements in | ||||||
15 | municipalities with a population
of at least 1,000,000; ii) the | ||||||
16 | type of equipment, other
than uniforms, issued or used; iii) | ||||||
17 | manning; iv) the total number of
employees employed by the | ||||||
18 | department; v) mutual aid and assistance
agreements to other | ||||||
19 | units of government; and vi) the criterion pursuant to
which | ||||||
20 | force, including deadly force, can be used; provided, nothing | ||||||
21 | herein
shall preclude an arbitration decision regarding | ||||||
22 | equipment or manning
levels if such decision is based on a | ||||||
23 | finding that the equipment or manning
considerations in a | ||||||
24 | specific work assignment involve a serious risk to the
safety | ||||||
25 | of a peace officer beyond that which is inherent in the normal
| ||||||
26 | performance of police duties. Limitation of the terms of the |
| |||||||
| |||||||
1 | arbitration
decision pursuant to this subsection shall not be | ||||||
2 | construed to limit the
factors upon which the decision may be | ||||||
3 | based, as set forth in subsection (h).
| ||||||
4 | In the case of fire fighter, and fire department or fire | ||||||
5 | district paramedic
matters, the arbitration decision shall be | ||||||
6 | limited to wages, hours, and
conditions of employment (which | ||||||
7 | may include residency requirements in
municipalities with a | ||||||
8 | population under 1,000,000, but those residency
requirements | ||||||
9 | shall not allow residency outside of Illinois) and shall not
| ||||||
10 | include the
following matters: i) residency requirements in | ||||||
11 | municipalities with a
population of at least 1,000,000; ii) the | ||||||
12 | type of equipment (other than
uniforms and fire fighter turnout | ||||||
13 | gear) issued or used; iii) the total
number of employees | ||||||
14 | employed by the department; iv) mutual aid and
assistance | ||||||
15 | agreements to other units of government; and v) the criterion
| ||||||
16 | pursuant to which force, including deadly force, can be used; | ||||||
17 | provided,
however, nothing herein shall preclude an | ||||||
18 | arbitration decision regarding
equipment levels if such | ||||||
19 | decision is based on a finding that the equipment
| ||||||
20 | considerations in a specific work assignment involve a serious | ||||||
21 | risk to the
safety of a fire fighter beyond that which is | ||||||
22 | inherent in the normal
performance of fire fighter duties. | ||||||
23 | Limitation of the terms of the
arbitration decision pursuant to | ||||||
24 | this subsection shall not be construed to
limit the facts upon | ||||||
25 | which the decision may be based, as set forth in
subsection | ||||||
26 | (h).
|
| |||||||
| |||||||
1 | The changes to this subsection (i) made by Public Act | ||||||
2 | 90-385 (relating to residency requirements) do not
apply to | ||||||
3 | persons who are employed by a combined department that performs | ||||||
4 | both
police and firefighting services; these persons shall be | ||||||
5 | governed by the
provisions of this subsection (i) relating to | ||||||
6 | peace officers, as they existed
before the amendment by Public | ||||||
7 | Act 90-385.
| ||||||
8 | To preserve historical bargaining rights, this subsection | ||||||
9 | shall not apply
to any provision of a fire fighter collective | ||||||
10 | bargaining agreement in effect
and applicable on the effective | ||||||
11 | date of this Act; provided, however, nothing
herein shall | ||||||
12 | preclude arbitration with respect to any such provision.
| ||||||
13 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
14 | by the
filing of a letter requesting mediation as required | ||||||
15 | under subsection (a)
of this Section. The commencement of a new | ||||||
16 | municipal fiscal year after the
initiation of arbitration | ||||||
17 | procedures under this Act, but before the
arbitration decision, | ||||||
18 | or its enforcement, shall not be deemed to render a
dispute | ||||||
19 | moot, or to otherwise impair the jurisdiction or authority of | ||||||
20 | the
arbitration panel or its decision. Increases in rates
of | ||||||
21 | compensation awarded by the arbitration panel may be effective | ||||||
22 | only at
the start of the fiscal year next commencing after the | ||||||
23 | date of the arbitration
award. If a new fiscal year has | ||||||
24 | commenced either since the initiation of
arbitration | ||||||
25 | procedures under this Act or since any mutually agreed
| ||||||
26 | extension of the statutorily required period of mediation
under |
| |||||||
| |||||||
1 | this Act by the parties to the labor dispute causing a
delay in | ||||||
2 | the initiation of arbitration, the foregoing limitations shall | ||||||
3 | be
inapplicable, and such awarded increases may be retroactive | ||||||
4 | to the
commencement of the fiscal year, any other statute or | ||||||
5 | charter provisions to
the contrary, notwithstanding. At any | ||||||
6 | time the parties, by stipulation, may
amend or modify an award | ||||||
7 | of arbitration.
| ||||||
8 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
9 | upon
appropriate petition by either the public employer or the | ||||||
10 | exclusive
bargaining representative, by the circuit court for | ||||||
11 | the county in which the
dispute arose or in which a majority of | ||||||
12 | the affected employees reside, but
only for reasons that the | ||||||
13 | arbitration panel was without or exceeded its
statutory | ||||||
14 | authority; the order is arbitrary, or capricious; or the order
| ||||||
15 | was procured by fraud, collusion or other similar and unlawful | ||||||
16 | means. Such
petitions for review must be filed with the | ||||||
17 | appropriate circuit court
within 90 days following the issuance | ||||||
18 | of the arbitration order. The
pendency of such proceeding for | ||||||
19 | review shall not automatically stay the
order of the | ||||||
20 | arbitration panel. The party against whom the final decision
of | ||||||
21 | any such court shall be adverse, if such court finds such | ||||||
22 | appeal or
petition to be frivolous, shall pay reasonable | ||||||
23 | attorneys' fees and costs to
the successful party as determined | ||||||
24 | by said court in its discretion. If said
court's decision | ||||||
25 | affirms the award of money, such award, if retroactive,
shall | ||||||
26 | bear interest at the rate of 12 percent per annum from the |
| |||||||
| |||||||
1 | effective
retroactive date.
| ||||||
2 | (l) During the pendency of proceedings before the | ||||||
3 | arbitration panel,
existing wages, hours, and other conditions | ||||||
4 | of employment shall not be
changed by action of either party | ||||||
5 | without the consent of the other but a
party may so consent | ||||||
6 | without prejudice to his rights or position under
this Act. The | ||||||
7 | proceedings are deemed to be pending before the arbitration
| ||||||
8 | panel upon the initiation of arbitration procedures under this | ||||||
9 | Act.
| ||||||
10 | (m) Security officers of public employers, and Peace | ||||||
11 | Officers, Fire
Fighters and fire department and fire protection | ||||||
12 | district paramedics,
covered by this Section may not withhold | ||||||
13 | services, nor may public employers
lock out or prevent such | ||||||
14 | employees from performing services at any time.
| ||||||
15 | (n) All of the terms decided upon by the arbitration panel | ||||||
16 | shall be included
in an agreement to be submitted to the public | ||||||
17 | employer's governing body
for ratification and adoption by law, | ||||||
18 | ordinance or the equivalent
appropriate means.
| ||||||
19 | The governing body shall review each term decided by the | ||||||
20 | arbitration panel.
If the governing body fails to reject one or | ||||||
21 | more terms of the
arbitration panel's decision by a 3/5 vote of | ||||||
22 | those duly elected and
qualified members of the governing body, | ||||||
23 | within 20 days of issuance, or
in the case of firefighters | ||||||
24 | employed by a state university, at the next
regularly scheduled | ||||||
25 | meeting of the governing body after issuance, such
term or | ||||||
26 | terms shall become a part of the collective bargaining |
| |||||||
| |||||||
1 | agreement of
the parties. If the governing body affirmatively | ||||||
2 | rejects one or more terms
of the arbitration panel's decision, | ||||||
3 | it must provide reasons for such
rejection with respect to each | ||||||
4 | term so rejected, within 20 days of such
rejection and the | ||||||
5 | parties shall return to the arbitration panel
for further | ||||||
6 | proceedings and issuance of a supplemental decision with | ||||||
7 | respect
to the rejected terms. Any supplemental decision by an | ||||||
8 | arbitration panel
or other decision maker agreed to by the | ||||||
9 | parties shall be submitted to
the governing body for | ||||||
10 | ratification and adoption in accordance with the
procedures and | ||||||
11 | voting requirements set forth in this Section.
The voting | ||||||
12 | requirements of this subsection shall apply to all disputes
| ||||||
13 | submitted to arbitration pursuant to this Section | ||||||
14 | notwithstanding any
contrary voting requirements contained in | ||||||
15 | any existing collective
bargaining agreement between the | ||||||
16 | parties.
| ||||||
17 | (o) If the governing body of the employer votes to reject | ||||||
18 | the panel's
decision, the parties shall return to the panel | ||||||
19 | within 30 days from the
issuance of the reasons for rejection | ||||||
20 | for further proceedings and issuance
of a supplemental | ||||||
21 | decision. All reasonable costs of such supplemental
proceeding | ||||||
22 | including the exclusive representative's reasonable attorney's
| ||||||
23 | fees, as established by the Board, shall be paid by the | ||||||
24 | employer.
| ||||||
25 | (p) Notwithstanding the provisions of this Section the | ||||||
26 | employer and
exclusive representative may agree to submit |
| |||||||
| |||||||
1 | unresolved disputes concerning
wages, hours, terms and | ||||||
2 | conditions of employment to an alternative form of
impasse | ||||||
3 | resolution.
| ||||||
4 | (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; | ||||||
5 | 90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)
| ||||||
6 | Section 10. The Illinois Educational Labor Relations Act is | ||||||
7 | amended by changing Sections 7 and 11 as follows:
| ||||||
8 | (115 ILCS 5/7) (from Ch. 48, par. 1707)
| ||||||
9 | Sec. 7. Recognition of exclusive bargaining | ||||||
10 | representatives - unit
determination. The Board is empowered to | ||||||
11 | administer the
recognition of bargaining representatives of | ||||||
12 | employees of public school
districts, including employees of | ||||||
13 | districts which have entered into joint
agreements, or | ||||||
14 | employees of public community college districts, or any
State | ||||||
15 | college or university, and any State agency whose major | ||||||
16 | function is
providing educational services, making certain | ||||||
17 | that each bargaining unit
contains employees with an | ||||||
18 | identifiable community of interest and that no unit
includes | ||||||
19 | both professional employees and nonprofessional employees | ||||||
20 | unless a
majority of employees in each group vote for inclusion | ||||||
21 | in the unit.
| ||||||
22 | (a) In determining the appropriateness of a unit, the Board
| ||||||
23 | shall decide in each case, in order to ensure employees the | ||||||
24 | fullest freedom
in exercising the rights guaranteed by this |
| |||||||
| |||||||
1 | Act, the unit appropriate for
the purpose of collective | ||||||
2 | bargaining, based upon but not limited to such
factors as | ||||||
3 | historical pattern of recognition, community of interest, | ||||||
4 | including
employee skills and functions, degree of functional | ||||||
5 | integration,
interchangeability and contact among employees, | ||||||
6 | common supervision, wages,
hours and other working conditions | ||||||
7 | of the employees involved, and the desires
of the employees. | ||||||
8 | Nothing in this Act, except as herein provided, shall
interfere | ||||||
9 | with or negate the
current representation rights or patterns | ||||||
10 | and practices of employee
organizations which have | ||||||
11 | historically represented employees for the purposes of
| ||||||
12 | collective bargaining, including but not limited to the | ||||||
13 | negotiations of wages,
hours and working conditions, | ||||||
14 | resolutions of employees' grievances, or
resolution of | ||||||
15 | jurisdictional disputes, or the establishment and maintenance | ||||||
16 | of
prevailing wage rates, unless a majority of the employees so | ||||||
17 | represented
expresses a contrary desire under the procedures | ||||||
18 | set forth in this Act. This
Section, however, does not prohibit | ||||||
19 | multi-unit bargaining. Notwithstanding the
above factors, | ||||||
20 | where the majority of public employees of a craft so decide, | ||||||
21 | the
Board shall designate such craft as a unit appropriate for | ||||||
22 | the purposes of
collective bargaining.
| ||||||
23 | The sole appropriate bargaining unit for tenured and | ||||||
24 | tenure-track
academic faculty at
each campus
of
the
University | ||||||
25 | of Illinois shall be a unit that is comprised of
| ||||||
26 | non-supervisory academic faculty employed more than half-time |
| |||||||
| |||||||
1 | and
that includes all tenured and tenure-track
faculty
of that | ||||||
2 | University campus employed by the board of trustees in all of | ||||||
3 | the campus's undergraduate, graduate, and
professional
schools | ||||||
4 | and degree and non-degree programs
(with the exception of the | ||||||
5 | college of medicine, the college of pharmacy,
the college of | ||||||
6 | dentistry, the college of law, and the college of veterinary
| ||||||
7 | medicine, each of which shall have its own separate unit), | ||||||
8 | regardless of
current
or
historical representation rights or | ||||||
9 | patterns or the application of any
other factors. Any decision, | ||||||
10 | rule, or regulation promulgated by the
Board to the contrary | ||||||
11 | shall be null and void.
| ||||||
12 | (b) An educational employer shall voluntarily recognize a | ||||||
13 | labor organization
for collective bargaining purposes if that | ||||||
14 | organization appears to represent
a majority of employees in | ||||||
15 | the unit. The employer shall post notice
of its intent to so | ||||||
16 | recognize for a period of at least 20 school days on
bulletin | ||||||
17 | boards or other places used or reserved for employee notices.
| ||||||
18 | Thereafter, the employer, if satisfied as to the majority | ||||||
19 | status of the
employee organization, shall send written | ||||||
20 | notification of such recognition
to the Board for | ||||||
21 | certification.
Any dispute regarding the majority status of
a | ||||||
22 | labor organization shall be
resolved by the Board which shall | ||||||
23 | make the determination of majority
status.
| ||||||
24 | Within the 20 day notice period, however, any other | ||||||
25 | interested employee
organization may petition the Board to seek | ||||||
26 | recognition as the exclusive
representative of the unit in the |
| |||||||
| |||||||
1 | manner specified by rules and regulations
prescribed by the | ||||||
2 | Board, if such interested employee organization has been
| ||||||
3 | designated by at least 15% of the employees in an appropriate | ||||||
4 | bargaining unit
which includes all or some of the employees in | ||||||
5 | the unit intended to be
recognized by the employer. In such | ||||||
6 | event, the Board shall proceed with the
petition in the same | ||||||
7 | manner as provided in paragraph (c) of this Section.
| ||||||
8 | (c) A labor organization may also gain recognition as the | ||||||
9 | exclusive
representative by an election of the employees in the | ||||||
10 | unit. Petitions
requesting an election may be filed with the | ||||||
11 | Board:
| ||||||
12 | (1) by an employee or group of employees or any labor | ||||||
13 | organizations acting
on their behalf alleging and | ||||||
14 | presenting evidence that 30% or more of the
employees in a | ||||||
15 | bargaining unit wish to be represented for collective | ||||||
16 | bargaining
or that the labor organization which has been | ||||||
17 | acting as the exclusive
bargaining representative is no | ||||||
18 | longer representative of a majority of the
employees in the | ||||||
19 | unit; or
| ||||||
20 | (2) by an employer alleging that one or more labor | ||||||
21 | organizations have
presented a claim to be recognized as an | ||||||
22 | exclusive bargaining representative
of a majority of the | ||||||
23 | employees in an appropriate unit and that it doubts
the | ||||||
24 | majority status of any of the organizations or that it | ||||||
25 | doubts the majority
status of an exclusive bargaining | ||||||
26 | representative.
|
| |||||||
| |||||||
1 | The Board shall investigate the petition and if it has | ||||||
2 | reasonable cause to
suspect that a question of representation | ||||||
3 | exists, it shall give notice and
conduct a hearing. If it finds | ||||||
4 | upon the record of the hearing that a question
of | ||||||
5 | representation exists, it shall direct an election, which shall | ||||||
6 | be held no
later than 90 days after the date the petition was | ||||||
7 | filed. Nothing prohibits
the waiving of hearings by the parties | ||||||
8 | and the conduct of consent elections.
| ||||||
9 | (c-5) The Board shall designate an exclusive | ||||||
10 | representative for purposes
of
collective bargaining when the | ||||||
11 | representative demonstrates a showing of
majority interest by | ||||||
12 | employees in the unit. If the parties to a dispute are
without
| ||||||
13 | agreement on the means to ascertain the choice, if any, of | ||||||
14 | employee
organization as their representative, the Board shall | ||||||
15 | ascertain the employees'
choice of
employee organization, on | ||||||
16 | the basis of dues deduction authorization or and other
| ||||||
17 | evidence, or, if necessary, by conducting an election. All | ||||||
18 | evidence submitted by an employee organization to the Board to | ||||||
19 | ascertain an employee's choice of an employee organization is | ||||||
20 | confidential and shall not be submitted to the employer for | ||||||
21 | review. The Board shall ascertain the employee's choice of | ||||||
22 | employee organization within 120 days after the filing of the | ||||||
23 | majority interest petition; however, the Board may extend time | ||||||
24 | by an additional 60 days, upon its own motion or upon the | ||||||
25 | motion of a party to the proceeding. If either party provides
| ||||||
26 | to the Board, before the designation of a representative, clear |
| |||||||
| |||||||
1 | and convincing
evidence that the dues deduction | ||||||
2 | authorizations, and other evidence upon which
the Board would | ||||||
3 | otherwise rely to ascertain the employees' choice of
| ||||||
4 | representative, are fraudulent or were obtained through | ||||||
5 | coercion, the Board
shall promptly thereafter conduct an | ||||||
6 | election. The Board shall also investigate
and consider a | ||||||
7 | party's allegations that the dues deduction authorizations and
| ||||||
8 | other evidence submitted in support of a designation of | ||||||
9 | representative without
an election were subsequently changed, | ||||||
10 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
11 | coercion, or any other unfair labor practice by the
employer. | ||||||
12 | If the Board determines that a labor organization would have | ||||||
13 | had a
majority interest but for an employer's fraud, coercion, | ||||||
14 | or unfair labor
practice, it shall designate the labor | ||||||
15 | organization as an exclusive
representative without conducting | ||||||
16 | an election. If a hearing is necessary to resolve any issues of | ||||||
17 | representation under this Section, the Board shall conclude its | ||||||
18 | hearing process and issue a certification of the entire | ||||||
19 | appropriate unit not later than 120 days after the date the | ||||||
20 | petition was filed. The 120-day period may be extended one or | ||||||
21 | more times by the agreement of all parties to a hearing to a | ||||||
22 | date certain.
| ||||||
23 | (c-6) A labor organization or an employer may file a unit | ||||||
24 | clarification petition seeking to clarify an existing | ||||||
25 | bargaining unit. The Board shall conclude its investigation, | ||||||
26 | including any hearing process deemed necessary, and issue a |
| |||||||
| |||||||
1 | certification of clarified unit or dismiss the petition not | ||||||
2 | later than 120 days after the date the petition was filed. The | ||||||
3 | 120-day period may be extended one or more times by the | ||||||
4 | agreement of all parties to a hearing to a date certain. | ||||||
5 | (d) An order of the Board dismissing a representation | ||||||
6 | petition, determining
and certifying that a labor organization | ||||||
7 | has been fairly and freely chosen by a
majority of employees in | ||||||
8 | an appropriate bargaining unit, determining and
certifying | ||||||
9 | that a labor organization has not been fairly and freely chosen | ||||||
10 | by a
majority of employees in the bargaining unit or certifying | ||||||
11 | a labor organization
as the exclusive representative of | ||||||
12 | employees in an appropriate bargaining unit
because of a | ||||||
13 | determination by the Board that the labor organization is the
| ||||||
14 | historical bargaining representative of employees in the | ||||||
15 | bargaining unit,
is a final order. Any person aggrieved by any | ||||||
16 | such order issued on or after
the effective date of this | ||||||
17 | amendatory Act of 1987 may apply for and obtain
judicial review | ||||||
18 | in accordance with provisions of the Administrative Review Law,
| ||||||
19 | as now or hereafter amended, except that such review shall be | ||||||
20 | afforded directly
in the Appellate Court of a judicial district | ||||||
21 | in which the Board maintains an
office. Any direct appeal to | ||||||
22 | the Appellate Court shall be filed within 35 days
from the date | ||||||
23 | that a copy of the decision sought to be reviewed was served | ||||||
24 | upon
the party affected by the decision.
| ||||||
25 | No election may be conducted in any bargaining unit during | ||||||
26 | the term of
a collective bargaining agreement covering such |
| |||||||
| |||||||
1 | unit or subdivision thereof,
except the Board may direct an | ||||||
2 | election after the filing
of a petition between January 15 and | ||||||
3 | March 1 of the final year of a collective
bargaining agreement. | ||||||
4 | Nothing in this Section prohibits the negotiation
of a | ||||||
5 | collective bargaining agreement covering a period not | ||||||
6 | exceeding 3 years.
A collective bargaining agreement of less | ||||||
7 | than 3 years may be extended up
to 3 years by the parties if the | ||||||
8 | extension is agreed to in writing before
the filing of a | ||||||
9 | petition under this Section. In such case, the final year
of | ||||||
10 | the extension is the final year of the collective bargaining | ||||||
11 | agreement.
No election may be conducted in a bargaining unit, | ||||||
12 | or subdivision thereof,
in which a valid election has been held | ||||||
13 | within the preceding 12 month period.
| ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
15 | (115 ILCS 5/11) (from Ch. 48, par. 1711)
| ||||||
16 | Sec. 11. Non-member fair share payments. When a collective
| ||||||
17 | bargaining agreement is entered into with an exclusive | ||||||
18 | representative, it
may include a provision requiring employees | ||||||
19 | covered by
the agreement who are not members of the | ||||||
20 | organization to pay
to the organization a fair share fee , | ||||||
21 | including organizing expenses, for services rendered. The | ||||||
22 | exclusive
representative shall certify to the employer an | ||||||
23 | amount not to exceed the
dues uniformly required of members | ||||||
24 | which shall constitute each non member
employee's fair share | ||||||
25 | fee. The fair share fee payment shall be deducted
by the |
| |||||||
| |||||||
1 | employer from the earnings of the non member employees and paid | ||||||
2 | to
the exclusive representative.
| ||||||
3 | The amount certified by the exclusive representative shall | ||||||
4 | not include
any fees for contributions related to the election | ||||||
5 | or support of any candidate
for political office. Nothing in | ||||||
6 | this Section shall preclude the non member
employee from making | ||||||
7 | voluntary political contributions in conjunction with
his or | ||||||
8 | her fair share payment.
| ||||||
9 | If a collective bargaining agreement that includes a fair | ||||||
10 | share clause expires or continues in effect beyond its | ||||||
11 | scheduled expiration date pending the negotiation of a | ||||||
12 | successor agreement, then the employer shall continue to honor | ||||||
13 | and abide by the fair share clause until a new agreement that | ||||||
14 | includes a fair share clause is reached. Failure to honor and | ||||||
15 | abide by the fair share clause for the benefit of any exclusive | ||||||
16 | representative as set forth in this paragraph shall be a | ||||||
17 | violation of the duty to bargain and an unfair labor practice.
| ||||||
18 | Agreements containing a fair share agreement must | ||||||
19 | safeguard the right of
non-association of employees based upon | ||||||
20 | bonafide religious tenets or teaching
of a church or religious | ||||||
21 | body of which such employees are members. Such
employees may be | ||||||
22 | required to pay an amount equal to their proportionate
share, | ||||||
23 | determined under a proportionate share agreement, to a | ||||||
24 | non-religious
charitable organization mutually agreed upon by | ||||||
25 | the employees affected
and the exclusive representative to | ||||||
26 | which such employees would otherwise
pay such fee. If the |
| |||||||
| |||||||
1 | affected employees and the exclusive representative
are unable | ||||||
2 | to reach an agreement on the matter, the Illinois Educational
| ||||||
3 | Labor Relations Board may establish an approved list of | ||||||
4 | charitable
organizations to which such payments may be made.
| ||||||
5 | The Board shall by rule require that in cases where an | ||||||
6 | employee files
an objection to the amount of the fair share | ||||||
7 | fee, the employer shall
continue to deduct the employee's fair | ||||||
8 | share fee from the employee's pay,
but shall transmit the fee, | ||||||
9 | or some portion thereof, to the Board for
deposit in an escrow | ||||||
10 | account maintained by the Board; provided, however,
that if the | ||||||
11 | exclusive representative maintains an escrow account for the
| ||||||
12 | purpose of holding fair share fees to which an employee has | ||||||
13 | objected, the
employer shall transmit the entire fair share fee | ||||||
14 | to the exclusive
representative, and the exclusive | ||||||
15 | representative shall hold in escrow that
portion of the fee | ||||||
16 | that the employer would otherwise have been required to
| ||||||
17 | transmit to the Board for escrow, provided that the escrow | ||||||
18 | account
maintained by the exclusive representative complies | ||||||
19 | with rules to be
promulgated by the Board within 30 days of the | ||||||
20 | effective date of this
amendatory Act of 1989 or that the | ||||||
21 | collective bargaining agreement
requiring the payment of the | ||||||
22 | fair share fee contains an indemnification
provision for the | ||||||
23 | purpose of indemnifying the employer with respect to the
| ||||||
24 | employer's transmission of fair share fees to the exclusive | ||||||
25 | representative.
| ||||||
26 | (Source: P.A. 94-210, eff. 7-14-05.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|