97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1851

 

Introduced , by Rep. Marlow H. Colvin

 

SYNOPSIS AS INTRODUCED:
 
115 ILCS 5/4.5

    Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning subjects of collective bargaining.


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A BILL FOR

 

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

 

 

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1    experimental or pilot programs and decisions concerning
2    use of technology to deliver educational programs and
3    services and staffing to provide the technology.
4    (b) The subject or matters described in subsection (a) are
5permissive subjects of bargaining between an educational
6employer and an exclusive representative of its employees and,
7for the purpose of this Act, are within the sole discretion of
8the educational employer to decide to bargain, provided that
9the educational employer is required to bargain over the impact
10of a decision concerning such subject or matter on the
11bargaining unit upon request by the exclusive representative.
12During this bargaining, the educational employer shall not be
13precluded from implementing its decision. If, after a
14reasonable period of bargaining, a dispute or impasse exists
15between the educational employer and the exclusive
16representative, the dispute or impasse shall be resolved
17exclusively as set forth in subsection (b) of Section 12 of
18this Act in lieu of a strike under Section 13 of this Act.
19    (c) A provision in a collective bargaining agreement that
20was rendered null and void because it involved a prohibited
21subject of collective bargaining under this subsection (c) as
22this subsection (c) existed before the effective date of this
23amendatory Act of the 93rd General Assembly remains null and
24void and shall not otherwise be reinstated in any successor
25agreement unless the educational employer and exclusive
26representative otherwise agree to include an agreement reached

 

 

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1on a subject or matter described in subsection (a) of this
2Section as subsection (a) existed before this amendatory Act of
3the 93rd General Assembly.
4(Source: P.A. 93-3, eff. 4-16-03.)