99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4009

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/14  from Ch. 48, par. 1614

    Amends the Illinois Public Labor Relations Act. Sets forth provisions regarding arbitration proceedings for security employee, peace officer, and fire fighter disputes before an arbitrator (rather than an arbitration panel). Deletes a provision that within 10 days after a request for arbitration has been made, the employer shall choose a delegate and the employees' exclusive representative shall choose a delegate to a panel of arbitration. Provides that the arbitration hearing shall be held at a location determined by the parties or, if the parties are unable to agree to a location, the offices of the Board. Deletes a provision that the delegates, if public officers or employees, shall continue on the payroll of the public employer without loss of pay.


LRB099 07316 JLK 27424 b

 

 

A BILL FOR

 

HB4009LRB099 07316 JLK 27424 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 14 as follows:
 
6    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
7    Sec. 14. Security Employee, Peace Officer and Fire Fighter
8Disputes.
9    (a) In the case of collective bargaining agreements
10involving units of security employees of a public employer,
11Peace Officer Units, or units of fire fighters or paramedics,
12and in the case of disputes under Section 18, unless the
13parties mutually agree to some other time limit, mediation
14shall commence 30 days prior to the expiration date of such
15agreement or at such later time as the mediation services
16chosen under subsection (b) of Section 12 can be provided to
17the parties. In the case of negotiations for an initial
18collective bargaining agreement, mediation shall commence upon
1915 days notice from either party or at such later time as the
20mediation services chosen pursuant to subsection (b) of Section
2112 can be provided to the parties. In mediation under this
22Section, if either party requests the use of mediation services
23from the Federal Mediation and Conciliation Service, the other

 

 

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1party shall either join in such request or bear the additional
2cost of mediation services from another source. The mediator
3shall have a duty to keep the Board informed on the progress of
4the mediation. If any dispute has not been resolved within 15
5days after the first meeting of the parties and the mediator,
6or within such other time limit as may be mutually agreed upon
7by the parties, either the exclusive representative or employer
8may request of the other, in writing, arbitration, and shall
9submit a copy of the request to the Board.
10    (b) (Blank). Within 10 days after such a request for
11arbitration has been made, the employer shall choose a delegate
12and the employees' exclusive representative shall choose a
13delegate to a panel of arbitration as provided in this Section.
14The employer and employees shall forthwith advise the other and
15the Board of their selections.
16    (c) Within 7 days after the request of either party, the
17parties shall request a panel of impartial arbitrators from
18which they shall select the arbitrator neutral chairman
19according to the procedures provided in this Section. If the
20parties have agreed to a contract that contains a grievance
21resolution procedure as provided in Section 8, the arbitrator
22chairman shall be selected using their agreed contract
23procedure unless they mutually agree to another procedure. If
24the parties fail to notify the Board of their selection of the
25arbitrator neutral chairman within 7 days after receipt of the
26list of impartial arbitrators, the Board shall appoint, at

 

 

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1random, an arbitrator a neutral chairman from the Illinois
2Public Employees Mediation/Arbitration Roster list. In the
3absence of an agreed contract procedure for selecting an
4impartial arbitrator, either party may request a panel from the
5Board. Within 7 days of the request of either party, the Board
6shall select from the Public Employees Labor Mediation Roster 7
7persons who are on the labor arbitration panels of either the
8American Arbitration Association or the Federal Mediation and
9Conciliation Service, or who are members of the National
10Academy of Arbitrators, as nominees for impartial arbitrator of
11the arbitration panel. The parties may select an individual on
12the list provided by the Board or any other individual mutually
13agreed upon by the parties. Within 7 days following the receipt
14of the list, the parties shall notify the Board of the person
15they have selected. Unless the parties agree on an alternate
16selection procedure, they shall alternatively strike one name
17from the list provided by the Board until only one name
18remains. A coin toss shall determine which party shall strike
19the first name. If the parties fail to notify the Board in a
20timely manner of their selection of an arbitrator for neutral
21chairman, the Board shall appoint an arbitrator a neutral
22chairman from the Illinois Public Employees
23Mediation/Arbitration Roster.
24    (d) The arbitrator chairman shall call a hearing to begin
25within 60 15 days and give reasonable notice of the time and
26place of the hearing. The hearing shall be held at a location

 

 

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1determined by the parties or, if the parties are unable to
2agree to a location, the offices of the Board or at such other
3location as the Board deems appropriate. The arbitrator
4chairman shall preside over the hearing and shall take
5testimony. Any oral or documentary evidence and other data
6deemed relevant by the arbitrator arbitration panel may be
7received in evidence. The proceedings shall be informal.
8Technical rules of evidence shall not apply and the competency
9of the evidence shall not thereby be deemed impaired. A
10verbatim record of the proceedings shall be made and the
11arbitrator shall arrange for the necessary recording service.
12Transcripts may be ordered at the expense of the party ordering
13them, but the transcripts shall not be necessary for a decision
14by the arbitrator arbitration panel. The expense of the
15proceedings, including a fee for the arbitrator chairman, shall
16be borne equally by each of the parties to the dispute. The
17delegates, if public officers or employees, shall continue on
18the payroll of the public employer without loss of pay. The
19hearing conducted by the arbitrator arbitration panel may be
20adjourned from time to time, but unless otherwise agreed by the
21parties, shall be concluded within 60 30 days of the time of
22its commencement. Majority actions and rulings shall
23constitute the actions and rulings of the arbitration panel.
24Arbitration proceedings under this Section shall not be
25interrupted or terminated by reason of any unfair labor
26practice charge filed by either party at any time, unless the

 

 

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1unfair labor practice charge alleges a violation of item (4) of
2subsection (a) or item (4) of subsection (b) of Section 10 of
3this Act.
4    (e) The arbitrator arbitration panel may administer oaths,
5require the attendance of witnesses, and the production of such
6books, papers, contracts, agreements and documents as may be
7deemed by it material to a just determination of the issues in
8dispute, and for such purpose may issue subpoenas. If any
9person refuses to obey a subpoena, or refuses to be sworn or to
10testify, or if any witness, party or attorney is guilty of any
11contempt while in attendance at any hearing, the arbitrator
12arbitration panel may, or the attorney general if requested
13shall, invoke the aid of any circuit court within the
14jurisdiction in which the hearing is being held, which court
15shall issue an appropriate order. Any failure to obey the order
16may be punished by the court as contempt.
17    (f) At any time before the rendering of an award, the
18arbitrator chairman of the arbitration panel, if he or she is
19of the opinion that it would be useful or beneficial to do so,
20may remand the dispute to the parties for further collective
21bargaining for a period not to exceed 4 2 weeks. If the dispute
22is remanded for further collective bargaining the time
23provisions of this Act shall be extended for a time period
24equal to that of the remand. The arbitrator chairman of the
25panel of arbitration shall notify the Board of the remand.
26    (g) Thirty days At or before the conclusion of the hearing

 

 

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1held pursuant to subsection (d), the arbitrator arbitration
2panel shall identify the economic issues in dispute, and direct
3each of the parties to submit, 15 days prior to the hearing to
4be held pursuant to subsection (d) within such time limit as
5the panel shall prescribe, to the arbitrator arbitration panel
6and to each other its last, best, and final offer of settlement
7on each economic issue. The determination of the arbitrator
8arbitration panel as to the issues in dispute and as to which
9of these issues are economic shall be conclusive. The
10arbitrator arbitration panel, within 60 30 days after the
11conclusion of the hearing, or such further additional periods
12to which the parties may agree, shall make written findings of
13fact and promulgate a written opinion and shall mail or
14otherwise deliver a true copy thereof to the parties and their
15representatives and to the Board. As to each economic issue,
16the arbitrator arbitration panel shall adopt the last offer of
17settlement which, in the opinion of the arbitrator arbitration
18panel, more nearly complies with the applicable factors
19prescribed in subsection (h). The findings, opinions and order
20as to all other issues shall be based upon the applicable
21factors prescribed in subsection (h).
22    (h) Where there is no agreement between the parties, or
23where there is an agreement but the parties have begun
24negotiations or discussions looking to a new agreement or
25amendment of the existing agreement, and wage rates or other
26conditions of employment under the proposed new or amended

 

 

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1agreement are in dispute, the arbitrator arbitration panel
2shall base its findings, opinions and order upon the following
3factors, as applicable:
4        (1) The lawful authority of the employer.
5        (2) Stipulations of the parties.
6        (3) The interests and welfare of the public and the
7    financial ability of the unit of government to meet those
8    costs.
9        (4) Comparison of the wages, hours and conditions of
10    employment of the employees involved in the arbitration
11    proceeding with the wages, hours and conditions of
12    employment of other employees performing similar services
13    and with other employees generally:
14            (A) In public employment in comparable
15        communities.
16            (B) In private employment in comparable
17        communities.
18        (5) The average consumer prices for goods and services,
19    commonly known as the cost of living.
20        (6) The overall compensation presently received by the
21    employees, including direct wage compensation, vacations,
22    holidays and other excused time, insurance and pensions,
23    medical and hospitalization benefits, the continuity and
24    stability of employment and all other benefits received.
25        (7) Changes in any of the foregoing circumstances
26    during the pendency of the arbitration proceedings.

 

 

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1        (8) Such other factors, not confined to the foregoing,
2    which are normally or traditionally taken into
3    consideration in the determination of wages, hours and
4    conditions of employment through voluntary collective
5    bargaining, mediation, fact-finding, arbitration or
6    otherwise between the parties, in the public service or in
7    private employment.
8    (i) In the case of peace officers, the arbitration decision
9shall be limited to wages, hours, and conditions of employment
10(which may include residency requirements in municipalities
11with a population under 1,000,000, but those residency
12requirements shall not allow residency outside of Illinois) and
13shall not include the following: i) residency requirements in
14municipalities with a population of at least 1,000,000; ii) the
15type of equipment, other than uniforms, issued or used; iii)
16manning; iv) the total number of employees employed by the
17department; v) mutual aid and assistance agreements to other
18units of government; and vi) the criterion pursuant to which
19force, including deadly force, can be used; provided, nothing
20herein shall preclude an arbitration decision regarding
21equipment or manning levels if such decision is based on a
22finding that the equipment or manning considerations in a
23specific work assignment involve a serious risk to the safety
24of a peace officer beyond that which is inherent in the normal
25performance of police duties. Limitation of the terms of the
26arbitration decision pursuant to this subsection shall not be

 

 

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1construed to limit the factors upon which the decision may be
2based, as set forth in subsection (h).
3    In the case of fire fighter, and fire department or fire
4district paramedic matters, the arbitration decision shall be
5limited to wages, hours, and conditions of employment (which
6may include residency requirements in municipalities with a
7population under 1,000,000, but those residency requirements
8shall not allow residency outside of Illinois) and shall not
9include the following matters: i) residency requirements in
10municipalities with a population of at least 1,000,000; ii) the
11type of equipment (other than uniforms and fire fighter turnout
12gear) issued or used; iii) the total number of employees
13employed by the department; iv) mutual aid and assistance
14agreements to other units of government; and v) the criterion
15pursuant to which force, including deadly force, can be used;
16provided, however, nothing herein shall preclude an
17arbitration decision regarding equipment levels if such
18decision is based on a finding that the equipment
19considerations in a specific work assignment involve a serious
20risk to the safety of a fire fighter beyond that which is
21inherent in the normal performance of fire fighter duties.
22Limitation of the terms of the arbitration decision pursuant to
23this subsection shall not be construed to limit the facts upon
24which the decision may be based, as set forth in subsection
25(h).
26    The changes to this subsection (i) made by Public Act

 

 

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190-385 (relating to residency requirements) do not apply to
2persons who are employed by a combined department that performs
3both police and firefighting services; these persons shall be
4governed by the provisions of this subsection (i) relating to
5peace officers, as they existed before the amendment by Public
6Act 90-385.
7    To preserve historical bargaining rights, this subsection
8shall not apply to any provision of a fire fighter collective
9bargaining agreement in effect and applicable on the effective
10date of this Act; provided, however, nothing herein shall
11preclude arbitration with respect to any such provision.
12    (j) Arbitration procedures shall be deemed to be initiated
13by the filing of a letter requesting mediation as required
14under subsection (a) of this Section. The commencement of a new
15municipal fiscal year after the initiation of arbitration
16procedures under this Act, but before the arbitration decision,
17or its enforcement, shall not be deemed to render a dispute
18moot, or to otherwise impair the jurisdiction or authority of
19the arbitrator arbitration panel or his or her its decision.
20Increases in rates of compensation awarded by the arbitrator
21arbitration panel may be effective only at the start of the
22fiscal year next commencing after the date of the arbitration
23award. If a new fiscal year has commenced either since the
24initiation of arbitration procedures under this Act or since
25any mutually agreed extension of the statutorily required
26period of mediation under this Act by the parties to the labor

 

 

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1dispute causing a delay in the initiation of arbitration, the
2foregoing limitations shall be inapplicable, and such awarded
3increases may be retroactive to the commencement of the fiscal
4year, any other statute or charter provisions to the contrary,
5notwithstanding. At any time the parties, by stipulation, may
6amend or modify an award of arbitration.
7    (k) Orders of the arbitrator arbitration panel shall be
8reviewable, upon appropriate petition by either the public
9employer or the exclusive bargaining representative, by the
10circuit court for the county in which the dispute arose or in
11which a majority of the affected employees reside, but only for
12reasons that the arbitrator arbitration panel was without or
13exceeded its statutory authority; the order is arbitrary, or
14capricious; or the order was procured by fraud, collusion or
15other similar and unlawful means. Such petitions for review
16must be filed with the appropriate circuit court within 90 days
17following the issuance of the arbitration order. The pendency
18of such proceeding for review shall not automatically stay the
19order of the arbitrator arbitration panel. The party against
20whom the final decision of any such court shall be adverse, if
21such court finds such appeal or petition to be frivolous, shall
22pay reasonable attorneys' fees and costs to the successful
23party as determined by said court in its discretion. If said
24court's decision affirms the award of money, such award, if
25retroactive, shall bear interest at the rate of 12 percent per
26annum from the effective retroactive date.

 

 

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1    (l) During the pendency of proceedings before the
2arbitrator arbitration panel, existing wages, hours, and other
3conditions of employment shall not be changed by action of
4either party without the consent of the other but a party may
5so consent without prejudice to his rights or position under
6this Act. The proceedings are deemed to be pending before the
7arbitrator arbitration panel upon the initiation of
8arbitration procedures under this Act.
9    (m) Security officers of public employers, and Peace
10Officers, Fire Fighters and fire department and fire protection
11district paramedics, covered by this Section may not withhold
12services, nor may public employers lock out or prevent such
13employees from performing services at any time.
14    (n) All of the terms decided upon by the arbitrator
15arbitration panel shall be included in an agreement to be
16submitted to the public employer's governing body for
17ratification and adoption by law, ordinance or the equivalent
18appropriate means.
19    The governing body shall review each term decided by the
20arbitrator arbitration panel. If the governing body fails to
21reject one or more terms of the arbitrator's arbitration
22panel's decision by a 3/5 vote of those duly elected and
23qualified members of the governing body, within 20 days of
24issuance, or in the case of firefighters employed by a state
25university, at the next regularly scheduled meeting of the
26governing body after issuance, such term or terms shall become

 

 

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1a part of the collective bargaining agreement of the parties.
2If the governing body affirmatively rejects one or more terms
3of the arbitrator's arbitration panel's decision, it must
4provide reasons for such rejection with respect to each term so
5rejected, within 20 days of such rejection and the parties
6shall return to the arbitrator arbitration panel for further
7proceedings and issuance of a supplemental decision with
8respect to the rejected terms. Any supplemental decision by the
9arbitrator an arbitration panel or other decision maker agreed
10to by the parties shall be submitted to the governing body for
11ratification and adoption in accordance with the procedures and
12voting requirements set forth in this Section. The voting
13requirements of this subsection shall apply to all disputes
14submitted to arbitration pursuant to this Section
15notwithstanding any contrary voting requirements contained in
16any existing collective bargaining agreement between the
17parties.
18    (o) If the governing body of the employer votes to reject
19the arbitrator's panel's decision, the parties shall return to
20the arbitrator panel within 30 days from the issuance of the
21reasons for rejection for further proceedings and issuance of a
22supplemental decision. All reasonable costs of such
23supplemental proceeding including the exclusive
24representative's reasonable attorney's fees, as established by
25the Board, shall be paid by the employer.
26    (p) Notwithstanding the provisions of this Section the

 

 

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1employer and exclusive representative may agree to submit
2unresolved disputes concerning wages, hours, terms and
3conditions of employment to an alternative form of impasse
4resolution.
5(Source: P.A. 98-535, eff. 1-1-14.)