100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3403

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
115 ILCS 5/13  from Ch. 48, par. 1713

    Amends the strike provisions of the Illinois Educational Labor Relations Act. With respect to the conditions that must be met in order for educational employees to engage in a strike, provides that the condition that at least three-fourths of all bargaining unit employees who are members of the exclusive bargaining representative must have affirmatively voted to authorize the strike applies to all educational employees (not just those employed in the Chicago school district). Effective July 1, 2017.


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FISCAL NOTE ACT MAY APPLY

 

 

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 13 as follows:
 
6    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
7    Sec. 13. Strikes.
8    (a) Notwithstanding the existence of any other provision in
9this Act or other law, educational employees employed in school
10districts organized under Article 34 of the School Code shall
11not engage in a strike at any time during the 18 month period
12that commences on the effective date of this amendatory Act of
131995. An educational employee employed in a school district
14organized under Article 34 of the School Code who participates
15in a strike in violation of this Section is subject to
16discipline by the employer. In addition, no educational
17employer organized under Article 34 of the School Code may pay
18or cause to be paid to an educational employee who participates
19in a strike in violation of this subsection any wages or other
20compensation for any period during which an educational
21employee participates in the strike, except for wages or
22compensation earned before participation in the strike.
23Notwithstanding the existence of any other provision in this

 

 

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1Act or other law, during the 18-month period that strikes are
2prohibited under this subsection nothing in this subsection
3shall be construed to require an educational employer to submit
4to a binding dispute resolution process.
5    (b) Notwithstanding the existence of any other provision in
6this Act or any other law, educational employees other than
7those employed in a school district organized under Article 34
8of the School Code and, after the expiration of the 18 month
9period that commences on the effective date of this amendatory
10Act of 1995, educational employees in a school district
11organized under Article 34 of the School Code shall not engage
12in a strike except under the following conditions:
13        (1) they are represented by an exclusive bargaining
14    representative;
15        (2) mediation has been used without success and, for
16    educational employers and exclusive bargaining
17    representatives to which subsection (a-5) of Section 12 of
18    this Act applies, at least 14 days have elapsed after the
19    Board has made public the parties' offers;
20        (2.5) if fact-finding was invoked pursuant to
21    subsection (a-10) of Section 12 of this Act, at least 30
22    days have elapsed after a fact-finding report has been
23    released for public information;
24        (2.10) for educational employees employed in a school
25    district organized under Article 34 of the School Code, at
26    least three-fourths of all bargaining unit employees who

 

 

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1    are members of the exclusive bargaining representative
2    have affirmatively voted to authorize the strike;
3    provided, however, that all members of the exclusive
4    bargaining representative at the time of a strike
5    authorization vote shall be eligible to vote;
6        (3) at least 10 days have elapsed after a notice of
7    intent to strike has been given by the exclusive bargaining
8    representative to the educational employer, the regional
9    superintendent and the Illinois Educational Labor
10    Relations Board;
11        (4) the collective bargaining agreement between the
12    educational employer and educational employees, if any,
13    has expired or been terminated; and
14        (5) the employer and the exclusive bargaining
15    representative have not mutually submitted the unresolved
16    issues to arbitration.
17    If, however, in the opinion of an employer the strike is or
18has become a clear and present danger to the health or safety
19of the public, the employer may initiate in the circuit court
20of the county in which such danger exists an action for relief
21which may include, but is not limited to, injunction. The court
22may grant appropriate relief upon the finding that such clear
23and present danger exists. An unfair practice or other evidence
24of lack of clean hands by the educational employer is a defense
25to such action. Except as provided for in this paragraph, the
26jurisdiction of the court under this Section is limited by the

 

 

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1Labor Dispute Act.
2(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
3eff. 1-1-14.)
 
4    Section 99. Effective date. This Act takes effect July 1,
52017.