HB3094 103RD GENERAL ASSEMBLY

LRB103 25758 DTM 52107 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3094

Introduced 2/17/2023, by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

5 ILCS 315/8

from Ch. 48, par. 1608

Amends the Illinois Public Labor Relations Act. Declares it to be the public policy of this State for decisions of an arbitrator or arbitrators involving peace officer terminations or suspensions of more than 30 days to be subject to administrative review in the manner provided by law. Specifies that any provision of a collective bargaining agreement to the contrary is unenforceable as violative of the public policy of this State. Declares that a decision of an arbitrator or arbitrators involving the termination or suspension of a peace officer for more than 30 days is subject to judicial review as an administrative decision under the Administrative Review Law.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Illinois Public Labor Relations Act is amended by changing Section 8 as follows:

(5 ILCS 315/8) (from Ch. 48, par. 1608)

Sec. 8. Grievance Procedure.

(a) The collective bargaining agreement negotiated between the employer and the exclusive representative shall contain a grievance resolution procedure which shall apply to all employees in the bargaining unit and shall provide for final and binding arbitration of disputes concerning the administration or interpretation of the agreement unless mutually agreed otherwise. Any agreement containing a final and binding arbitration provision shall also contain a provision prohibiting strikes for the duration of the agreement. The grievance and arbitration provisions of any collective bargaining agreement shall be subject to the Illinois "Uniform Arbitration Act". The costs of such arbitration shall be borne equally by the employer and the employee organization.

(b) It is declared to be the public policy of this State that decisions of an arbitrator or arbitrators involving peace officer terminations or suspensions of more than 30 days shall be subject to administrative review in the manner provided by law. Any provision of a collective bargaining agreement to the contrary is unenforceable as violative of the public policy of this State. Notwithstanding any other provision of law to the contrary, a decision of an arbitrator or arbitrators involving the termination or suspension of a peace officer for more than 30 days is subject to judicial review as an administrative decision under the Administrative Review Law.

(Source: P.A. 83-1012.)