SB1715 Enrolled LRB096 08508 JAM 18628 b

1     AN ACT concerning government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Public Labor Relations Act is
5 amended by changing Section 7 as follows:
 
6     (5 ILCS 315/7)  (from Ch. 48, par. 1607)
7     Sec. 7. Duty to bargain. A public employer and the
8 exclusive representative have the authority and the duty to
9 bargain collectively set forth in this Section.
10     For the purposes of this Act, "to bargain collectively"
11 means the performance of the mutual obligation of the public
12 employer or his designated representative and the
13 representative of the public employees to meet at reasonable
14 times, including meetings in advance of the budget-making
15 process, and to negotiate in good faith with respect to wages,
16 hours, and other conditions of employment, not excluded by
17 Section 4 of this Act, or the negotiation of an agreement, or
18 any question arising thereunder and the execution of a written
19 contract incorporating any agreement reached if requested by
20 either party, but such obligation does not compel either party
21 to agree to a proposal or require the making of a concession.
22     The duty "to bargain collectively" shall also include an
23 obligation to negotiate over any matter with respect to wages,

 

 

SB1715 Enrolled - 2 - LRB096 08508 JAM 18628 b

1 hours and other conditions of employment, not specifically
2 provided for in any other law or not specifically in violation
3 of the provisions of any law. If any other law pertains, in
4 part, to a matter affecting the wages, hours and other
5 conditions of employment, such other law shall not be construed
6 as limiting the duty "to bargain collectively" and to enter
7 into collective bargaining agreements containing clauses which
8 either supplement, implement, or relate to the effect of such
9 provisions in other laws.
10     The duty "to bargain collectively" shall also include
11 negotiations as to the terms of a collective bargaining
12 agreement. The parties may, by mutual agreement, provide for
13 arbitration of impasses resulting from their inability to agree
14 upon wages, hours and terms and conditions of employment to be
15 included in a collective bargaining agreement. Such
16 arbitration provisions shall be subject to the Illinois
17 "Uniform Arbitration Act" unless agreed by the parties.
18     The duty "to bargain collectively" shall also mean that no
19 party to a collective bargaining contract shall terminate or
20 modify such contract, unless the party desiring such
21 termination or modification:
22     (1) serves a written notice upon the other party to the
23 contract of the proposed termination or modification 60 days
24 prior to the expiration date thereof, or in the event such
25 contract contains no expiration date, 60 days prior to the time
26 it is proposed to make such termination or modification;

 

 

SB1715 Enrolled - 3 - LRB096 08508 JAM 18628 b

1     (2) offers to meet and confer with the other party for the
2 purpose of negotiating a new contract or a contract containing
3 the proposed modifications;
4     (3) notifies the Board within 30 days after such notice of
5 the existence of a dispute, provided no agreement has been
6 reached by that time; and
7     (4) continues in full force and effect, without resorting
8 to strike or lockout, all the terms and conditions of the
9 existing contract for a period of 60 days after such notice is
10 given to the other party or until the expiration date of such
11 contract, whichever occurs later.
12     The duties imposed upon employers, employees and labor
13 organizations by paragraphs (2), (3) and (4) shall become
14 inapplicable upon an intervening certification of the Board,
15 under which the labor organization, which is a party to the
16 contract, has been superseded as or ceased to be the exclusive
17 representative of the employees pursuant to the provisions of
18 subsection (a) of Section 9, and the duties so imposed shall
19 not be construed as requiring either party to discuss or agree
20 to any modification of the terms and conditions contained in a
21 contract for a fixed period, if such modification is to become
22 effective before such terms and conditions can be reopened
23 under the provisions of the contract.
24     Collective bargaining for personal care attendants and
25 personal assistants under the Home Services Program shall be
26 limited to the terms and conditions of employment under the

 

 

SB1715 Enrolled - 4 - LRB096 08508 JAM 18628 b

1 State's control, as defined in the amendatory Act of the 93rd
2 General Assembly.
3     Collective bargaining for child and day care home providers
4 under the child care assistance program shall be limited to the
5 terms and conditions of employment under the State's control,
6 as defined in this amendatory Act of the 94th General Assembly.
7     Notwithstanding any other provision of this Section,
8 whenever collective bargaining is for the purpose of
9 establishing an initial agreement following original
10 certification of units with fewer than 35 employees, with
11 respect to public employees other than peace officers, fire
12 fighters, and security employees, the following apply:
13         (1) Not later than 10 days after receiving a written
14     request for collective bargaining from a labor
15     organization that has been newly certified as a
16     representative as defined in Section 6(c), or within such
17     further period as the parties agree upon, the parties shall
18     meet and commence to bargain collectively and shall make
19     every reasonable effort to conclude and sign a collective
20     bargaining agreement.
21         (2) If anytime after the expiration of the 90-day
22     period beginning on the date on which bargaining is
23     commenced the parties have failed to reach an agreement,
24     either party may notify the Illinois Public Labor Relations
25     Board of the existence of a dispute and request mediation
26     in accordance with the provisions of Section 14 of this

 

 

SB1715 Enrolled - 5 - LRB096 08508 JAM 18628 b

1     Act.
2         (3) If after the expiration of the 30-day period
3     beginning on the date on which mediation commenced, or such
4     additional period as the parties may agree upon, the
5     mediator is not able to bring the parties to agreement by
6     conciliation, either the exclusive representative of the
7     employees or the employer may request of the other, in
8     writing, arbitration and shall submit a copy of the request
9     to the board. Upon submission of the request for
10     arbitration, the parties shall be required to participate
11     in the impasse arbitration procedures set forth in Section
12     14 of this Act, except the right to strike shall not be
13     considered waived pursuant to Section 17 of this Act, until
14     the actual convening of the arbitration hearing.
15 (Source: P.A. 93-204, eff. 7-16-03; 94-320, eff. 1-1-06.)