HB6598 99TH GENERAL ASSEMBLY

LRB099 22719 RJF 50150 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6598

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

115 ILCS 5/10

from Ch. 48, par. 1710

Amends the Illinois Educational Labor Relations Act. Provides that no collective bargaining agreement shall be reduced to writing by the parties until the provisions of the agreement are substantially complete. Provides that once the agreement is reduced to writing and signed by the parties, it is eligible for ratification by both parties. Provides that upon ratification, changes to the agreement may be made through a technical corrections process. Defines "substantially complete". Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Educational Labor Relations Act is amended by changing Section 10 as follows:

(115 ILCS 5/10) (from Ch. 48, par. 1710)

Sec. 10. Duty to bargain.

(a) An educational employer and the exclusive representative have the authority and the duty to bargain collectively as set forth in this Section. Collective bargaining is the performance of the mutual obligations of the educational employer and the representative of the educational employees to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, and to execute a written contract incorporating any agreement reached by such obligation, provided such obligation does not compel either party to agree to a proposal or require the making of a concession.

(b) The parties to the collective bargaining process shall not effect or implement a provision in a collective bargaining agreement if the implementation of that provision would be in violation of, or inconsistent with, or in conflict with any statute or statutes enacted by the General Assembly of Illinois. The parties to the collective bargaining process may effect or implement a provision in a collective bargaining agreement if the implementation of that provision has the effect of supplementing any provision in any statute or statutes enacted by the General Assembly of Illinois pertaining to wages, hours or other conditions of employment; provided however, no provision in a collective bargaining agreement may be effected or implemented if such provision has the effect of negating, abrogating, replacing, reducing, diminishing, or limiting in any way any employee rights, guarantees or privileges pertaining to wages, hours or other conditions of employment provided in such statutes. Any provision in a collective bargaining agreement which has the effect of negating, abrogating, replacing, reducing, diminishing or limiting in any way any employee rights, guarantees or privileges provided in an Illinois statute or statutes shall be void and unenforceable, but shall not affect the validity, enforceability and implementation of other permissible provisions of the collective bargaining agreement.

(c) The collective bargaining agreement negotiated between representatives of the educational employees and the educational employer shall contain a grievance resolution procedure which shall apply to all employees in the unit and shall provide for binding arbitration of disputes concerning the administration or interpretation of the agreement. The agreement shall also contain appropriate language prohibiting strikes for the duration of the agreement. The costs of such arbitration shall be borne equally by the educational employer and the employee organization.

(d) Once an agreement is reached between representatives of the educational employees and the educational employer and is ratified by both parties, the agreement shall be reduced to writing and signed by the parties. No collective bargaining agreement shall be reduced to writing by the parties until the provisions of the agreement are substantially complete. Once the agreement is reduced to writing and signed by the parties, it is eligible for ratification by both parties. Upon ratification of the agreement, changes to the agreement may be made through a technical corrections process as described in subsection (e) of this Section. For purposes of this Section, "substantially complete" means the provisions of the contract exist in a form that is more than a mere framework for a contract or a draft proposal exchanged during the negotiation process between the parties prior to ratification of the agreement.

(e) A party to a collective bargaining agreement seeking to make technical corrections to that agreement may negotiate the technical corrections under this subsection (e) to correct: (1) non-substantive errors such as typographical, clerical, grammatical, printing, copying, or other inadvertent errors; and (2) any omissions or errors that create unintentional discrepancies between the intent of the parties and the text of the agreement.

In making technical corrections, the requesting party shall specify which of the above reasons for correction of the ratified text is applicable and shall specify the change or changes to be made to the ratified text, including an explanation of the reasoning for that change. The text of the agreement with technical corrections must be re-ratified by both parties.

(Source: P.A. 84-832.)

Section 99. Effective date. This Act takes effect upon becoming law.