98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1264

 

Introduced 2/4/2013, by Rep. Joe Sosnowski

 

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

    Amends the Illinois Educational Labor Relations Act. With respect to bargaining unit educational employees of the Chicago school district voting on whether to authorize a strike, provides that a failure to vote must be counted as a vote against authorizing a strike. Effective July 1, 2013.


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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, if an
16    impasse has been declared under subsection (a-5) of Section
17    12 of this Act, at least 14 days have elapsed after the
18    mediator has made public the final offers;
19        (2.5) if fact-finding was invoked pursuant to
20    subsection (a-10) of Section 12 of this Act, at least 30
21    days have elapsed after a fact-finding report has been
22    released for public information;
23        (2.10) for educational employees employed in a school
24    district organized under Article 34 of the School Code, at
25    least three-fourths of all bargaining unit employees who
26    are members of the exclusive bargaining representative

 

 

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

 

 

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1jurisdiction of the court under this Section is limited by the
2Labor Dispute Act.
3(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
 
4    Section 99. Effective date. This Act takes effect July 1,
52013.