Full Text of SB3294 103rd General Assembly
SB3294 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3294 Introduced 2/7/2024, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: | | 5 ILCS 315/14 | from Ch. 48, par. 1614 |
| Amends the Illinois Public Labor Relations Act. Specifies that, for purposes of a provision in the Act concerning the resolution of disputes involving security employees, that the term "units of security employees of a public employer" includes units of county correction or detention officers, units of probation officers, and units of telecommunicators who are critical to public safety. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning State 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 14 as follows: | 6 | | (5 ILCS 315/14) (from Ch. 48, par. 1614) | 7 | | Sec. 14. Security employee, peace officer and fire fighter | 8 | | disputes. | 9 | | (a) In the case of collective bargaining agreements | 10 | | involving units of security employees of a public employer, | 11 | | Peace Officer Units, or units of fire fighters or paramedics, | 12 | | and in the case of disputes under Section 18, unless the | 13 | | parties mutually agree to some other time limit, mediation | 14 | | shall commence 30 days prior to the expiration date of such | 15 | | agreement or at such later time as the mediation services | 16 | | chosen under subsection (b) of Section 12 can be provided to | 17 | | the parties. In the case of negotiations for an initial | 18 | | collective bargaining agreement, mediation shall commence upon | 19 | | 15 days notice from either party or at such later time as the | 20 | | mediation services chosen pursuant to subsection (b) of | 21 | | Section 12 can be provided to the parties. In mediation under | 22 | | this Section, if either party requests the use of mediation | 23 | | services from the Federal Mediation and Conciliation Service, |
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| 1 | | the other party shall either join in such request or bear the | 2 | | additional cost of mediation services from another source. The | 3 | | mediator shall have a duty to keep the Board informed on the | 4 | | progress of the mediation. If any dispute has not been | 5 | | resolved within 15 days after the first meeting of the parties | 6 | | and the mediator, or within such other time limit as may be | 7 | | mutually agreed upon by the parties, either the exclusive | 8 | | representative or employer may request of the other, in | 9 | | writing, arbitration, and shall submit a copy of the request | 10 | | to the Board. | 11 | | (b) Within 10 days after such a request for arbitration | 12 | | has been made, the employer shall choose a delegate and the | 13 | | employees' exclusive representative shall choose a delegate to | 14 | | a panel of arbitration as provided in this Section. The | 15 | | employer and employees shall forthwith advise the other and | 16 | | the Board of their selections. | 17 | | (c) Within 7 days after the request of either party, the | 18 | | parties shall request a panel of impartial arbitrators from | 19 | | which they shall select the neutral chairman according to the | 20 | | procedures provided in this Section. If the parties have | 21 | | agreed to a contract that contains a grievance resolution | 22 | | procedure as provided in Section 8, the chairman shall be | 23 | | selected using their agreed contract procedure unless they | 24 | | mutually agree to another procedure. If the parties fail to | 25 | | notify the Board of their selection of neutral chairman within | 26 | | 7 days after receipt of the list of impartial arbitrators, the |
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| 1 | | Board shall appoint, at random, a neutral chairman from the | 2 | | list. In the absence of an agreed contract procedure for | 3 | | selecting an impartial arbitrator, either party may request a | 4 | | panel from the Board. Within 7 days of the request of either | 5 | | party, the Board shall select from the Public Employees Labor | 6 | | Mediation Roster 7 persons who are on the labor arbitration | 7 | | panels of either the American Arbitration Association or the | 8 | | Federal Mediation and Conciliation Service, or who are members | 9 | | of the National Academy of Arbitrators, as nominees for | 10 | | impartial arbitrator of the arbitration panel. The parties may | 11 | | select an individual on the list provided by the Board or any | 12 | | other individual mutually agreed upon by the parties. Within 7 | 13 | | days following the receipt of the list, the parties shall | 14 | | notify the Board of the person they have selected. Unless the | 15 | | parties agree on an alternate selection procedure, they shall | 16 | | alternatively strike one name from the list provided by the | 17 | | Board until only one name remains. A coin toss shall determine | 18 | | which party shall strike the first name. If the parties fail to | 19 | | notify the Board in a timely manner of their selection for | 20 | | neutral chairman, the Board shall appoint a neutral chairman | 21 | | from the Illinois Public Employees Mediation/Arbitration | 22 | | Roster. | 23 | | (d) The chairman shall call a hearing to begin within 15 | 24 | | days and give reasonable notice of the time and place of the | 25 | | hearing. The hearing shall be held at the offices of the Board | 26 | | or at such other location as the Board deems appropriate. The |
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| 1 | | chairman shall preside over the hearing and shall take | 2 | | testimony. Any oral or documentary evidence and other data | 3 | | deemed relevant by the arbitration panel may be received in | 4 | | evidence. The proceedings shall be informal. Technical rules | 5 | | of evidence shall not apply and the competency of the evidence | 6 | | shall not thereby be deemed impaired. A verbatim record of the | 7 | | proceedings shall be made and the arbitrator shall arrange for | 8 | | the necessary recording service. Transcripts may be ordered at | 9 | | the expense of the party ordering them, but the transcripts | 10 | | shall not be necessary for a decision by the arbitration | 11 | | panel. The expense of the proceedings, including a fee for the | 12 | | chairman, shall be borne equally by each of the parties to the | 13 | | dispute. The delegates, if public officers or employees, shall | 14 | | continue on the payroll of the public employer without loss of | 15 | | pay. The hearing conducted by the arbitration panel may be | 16 | | adjourned from time to time, but unless otherwise agreed by | 17 | | the parties, shall be concluded within 30 days of the time of | 18 | | its commencement. Majority actions and rulings shall | 19 | | constitute the actions and rulings of the arbitration panel. | 20 | | Arbitration proceedings under this Section shall not be | 21 | | interrupted or terminated by reason of any unfair labor | 22 | | practice charge filed by either party at any time. | 23 | | (e) The arbitration panel may administer oaths, require | 24 | | the attendance of witnesses, and the production of such books, | 25 | | papers, contracts, agreements and documents as may be deemed | 26 | | by it material to a just determination of the issues in |
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| 1 | | dispute, and for such purpose may issue subpoenas. If any | 2 | | person refuses to obey a subpoena, or refuses to be sworn or to | 3 | | testify, or if any witness, party or attorney is guilty of any | 4 | | contempt while in attendance at any hearing, the arbitration | 5 | | panel may, or the attorney general if requested shall, invoke | 6 | | the aid of any circuit court within the jurisdiction in which | 7 | | the hearing is being held, which court shall issue an | 8 | | appropriate order. Any failure to obey the order may be | 9 | | punished by the court as contempt. | 10 | | (f) At any time before the rendering of an award, the | 11 | | chairman of the arbitration panel, if he is of the opinion that | 12 | | it would be useful or beneficial to do so, may remand the | 13 | | dispute to the parties for further collective bargaining for a | 14 | | period not to exceed 2 weeks. If the dispute is remanded for | 15 | | further collective bargaining the time provisions of this Act | 16 | | shall be extended for a time period equal to that of the | 17 | | remand. The chairman of the panel of arbitration shall notify | 18 | | the Board of the remand. | 19 | | (g) At or before the conclusion of the hearing held | 20 | | pursuant to subsection (d), the arbitration panel shall | 21 | | identify the economic issues in dispute, and direct each of | 22 | | the parties to submit, within such time limit as the panel | 23 | | shall prescribe, to the arbitration panel and to each other | 24 | | its last offer of settlement on each economic issue. The | 25 | | determination of the arbitration panel as to the issues in | 26 | | dispute and as to which of these issues are economic shall be |
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| 1 | | conclusive. The arbitration panel, within 30 days after the | 2 | | conclusion of the hearing, or such further additional periods | 3 | | to which the parties may agree, shall make written findings of | 4 | | fact and promulgate a written opinion and shall mail or | 5 | | otherwise deliver a true copy thereof to the parties and their | 6 | | representatives and to the Board. As to each economic issue, | 7 | | the arbitration panel shall adopt the last offer of settlement | 8 | | which, in the opinion of the arbitration panel, more nearly | 9 | | complies with the applicable factors prescribed in subsection | 10 | | (h). The findings, opinions and order as to all other issues | 11 | | shall be based upon the applicable factors prescribed in | 12 | | subsection (h). | 13 | | (h) Where there is no agreement between the parties, or | 14 | | where there is an agreement but the parties have begun | 15 | | negotiations or discussions looking to a new agreement or | 16 | | amendment of the existing agreement, and wage rates or other | 17 | | conditions of employment under the proposed new or amended | 18 | | agreement are in dispute, the arbitration panel shall base its | 19 | | findings, opinions and order upon the following factors, as | 20 | | applicable: | 21 | | (1) The lawful authority of the employer. | 22 | | (2) Stipulations of the parties. | 23 | | (3) The interests and welfare of the public and the | 24 | | financial ability of the unit of government to meet those | 25 | | costs. | 26 | | (4) Comparison of the wages, hours and conditions of |
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| 1 | | employment of the employees involved in the arbitration | 2 | | proceeding with the wages, hours and conditions of | 3 | | employment of other employees performing similar services | 4 | | and with other employees generally: | 5 | | (A) In public employment in comparable | 6 | | communities. | 7 | | (B) In private employment in comparable | 8 | | communities. | 9 | | (5) The average consumer prices for goods and | 10 | | services, commonly known as the cost of living. | 11 | | (6) The overall compensation presently received by the | 12 | | employees, including direct wage compensation, vacations, | 13 | | holidays and other excused time, insurance and pensions, | 14 | | medical and hospitalization benefits, the continuity and | 15 | | stability of employment and all other benefits received. | 16 | | (7) Changes in any of the foregoing circumstances | 17 | | during the pendency of the arbitration proceedings. | 18 | | (8) Such other factors, not confined to the foregoing, | 19 | | which are normally or traditionally taken into | 20 | | consideration in the determination of wages, hours and | 21 | | conditions of employment through voluntary collective | 22 | | bargaining, mediation, fact-finding, arbitration or | 23 | | otherwise between the parties, in the public service or in | 24 | | private employment. | 25 | | (i) In the case of peace officers, the arbitration | 26 | | decision shall be limited to wages, hours, and conditions of |
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| 1 | | employment (which may include residency requirements in | 2 | | municipalities with a population under 100,000, but those | 3 | | residency requirements shall not allow residency outside of | 4 | | Illinois) and shall not include the following: i) residency | 5 | | requirements in municipalities with a population of at least | 6 | | 100,000; ii) the type of equipment, other than uniforms, | 7 | | issued or used; iii) manning; iv) the total number of | 8 | | employees employed by the department; v) mutual aid and | 9 | | assistance agreements to other units of government; and vi) | 10 | | the criterion pursuant to which force, including deadly force, | 11 | | can be used; provided, nothing herein shall preclude an | 12 | | arbitration decision regarding equipment or manning levels if | 13 | | such decision is based on a finding that the equipment or | 14 | | manning considerations in a specific work assignment involve a | 15 | | serious risk to the safety of a peace officer beyond that which | 16 | | is inherent in the normal performance of police duties. | 17 | | Limitation of the terms of the arbitration decision pursuant | 18 | | to this subsection shall not be construed to limit the factors | 19 | | upon which the decision may be based, as set forth in | 20 | | subsection (h). | 21 | | In the case of fire fighter, and fire department or fire | 22 | | district paramedic matters, the arbitration decision shall be | 23 | | limited to wages, hours, and conditions of employment | 24 | | (including manning and also including residency requirements | 25 | | in municipalities with a population under 1,000,000, but those | 26 | | residency requirements shall not allow residency outside of |
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| 1 | | Illinois) and shall not include the following matters: i) | 2 | | residency requirements in municipalities with a population of | 3 | | at least 1,000,000; ii) the type of equipment (other than | 4 | | uniforms and fire fighter turnout gear) issued or used; iii) | 5 | | the total number of employees employed by the department; iv) | 6 | | mutual aid and assistance agreements to other units of | 7 | | government; and v) the criterion pursuant to which force, | 8 | | including deadly force, can be used; provided, however, | 9 | | nothing herein shall preclude an arbitration decision | 10 | | regarding equipment levels if such decision is based on a | 11 | | finding that the equipment considerations in a specific work | 12 | | assignment involve a serious risk to the safety of a fire | 13 | | fighter beyond that which is inherent in the normal | 14 | | performance of fire fighter duties. Limitation of the terms of | 15 | | the arbitration decision pursuant to this subsection shall not | 16 | | be construed to limit the facts upon which the decision may be | 17 | | based, as set forth in subsection (h). | 18 | | The changes to this subsection (i) made by Public Act | 19 | | 90-385 (relating to residency requirements) do not apply to | 20 | | persons who are employed by a combined department that | 21 | | performs both police and firefighting services; these persons | 22 | | shall be governed by the provisions of this subsection (i) | 23 | | relating to peace officers, as they existed before the | 24 | | amendment by Public Act 90-385. | 25 | | To preserve historical bargaining rights, this subsection | 26 | | shall not apply to any provision of a fire fighter collective |
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| 1 | | bargaining agreement in effect and applicable on the effective | 2 | | date of this Act; provided, however, nothing herein shall | 3 | | preclude arbitration with respect to any such provision. | 4 | | (j) Arbitration procedures shall be deemed to be initiated | 5 | | by the filing of a letter requesting mediation as required | 6 | | under subsection (a) of this Section. The commencement of a | 7 | | new municipal fiscal year after the initiation of arbitration | 8 | | procedures under this Act, but before the arbitration | 9 | | decision, or its enforcement, shall not be deemed to render a | 10 | | dispute moot, or to otherwise impair the jurisdiction or | 11 | | authority of the arbitration panel or its decision. Increases | 12 | | in rates of compensation awarded by the arbitration panel may | 13 | | be effective only at the start of the fiscal year next | 14 | | commencing after the date of the arbitration award. If a new | 15 | | fiscal year has commenced either since the initiation of | 16 | | arbitration procedures under this Act or since any mutually | 17 | | agreed extension of the statutorily required period of | 18 | | mediation under this Act by the parties to the labor dispute | 19 | | causing a delay in the initiation of arbitration, the | 20 | | foregoing limitations shall be inapplicable, and such awarded | 21 | | increases may be retroactive to the commencement of the fiscal | 22 | | year, any other statute or charter provisions to the contrary, | 23 | | notwithstanding. At any time the parties, by stipulation, may | 24 | | amend or modify an award of arbitration. | 25 | | (k) Orders of the arbitration panel shall be reviewable, | 26 | | upon appropriate petition by either the public employer or the |
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| 1 | | exclusive bargaining representative, by the circuit court for | 2 | | the county in which the dispute arose or in which a majority of | 3 | | the affected employees reside, but only for reasons that the | 4 | | arbitration panel was without or exceeded its statutory | 5 | | authority; the order is arbitrary, or capricious; or the order | 6 | | was procured by fraud, collusion or other similar and unlawful | 7 | | means. Such petitions for review must be filed with the | 8 | | appropriate circuit court within 90 days following the | 9 | | issuance of the arbitration order. The pendency of such | 10 | | proceeding for review shall not automatically stay the order | 11 | | of the arbitration panel. The party against whom the final | 12 | | decision of any such court shall be adverse, if such court | 13 | | finds such appeal or petition to be frivolous, shall pay | 14 | | reasonable attorneys' fees and costs to the successful party | 15 | | as determined by said court in its discretion. If said court's | 16 | | decision affirms the award of money, such award, if | 17 | | retroactive, shall bear interest at the rate of 12 percent per | 18 | | annum from the effective retroactive date. | 19 | | (l) During the pendency of proceedings before the | 20 | | arbitration panel, existing wages, hours, and other conditions | 21 | | of employment shall not be changed by action of either party | 22 | | without the consent of the other but a party may so consent | 23 | | without prejudice to his rights or position under this Act. | 24 | | The proceedings are deemed to be pending before the | 25 | | arbitration panel upon the initiation of arbitration | 26 | | procedures under this Act. |
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| 1 | | (m) Security officers of public employers, and Peace | 2 | | Officers, Fire Fighters and fire department and fire | 3 | | protection district paramedics, covered by this Section may | 4 | | not withhold services, nor may public employers lock out or | 5 | | prevent such employees from performing services at any time. | 6 | | (n) All of the terms decided upon by the arbitration panel | 7 | | shall be included in an agreement to be submitted to the public | 8 | | employer's governing body for ratification and adoption by | 9 | | law, ordinance or the equivalent appropriate means. | 10 | | The governing body shall review each term decided by the | 11 | | arbitration panel. If the governing body fails to reject one | 12 | | or more terms of the arbitration panel's decision by a 3/5 vote | 13 | | of those duly elected and qualified members of the governing | 14 | | body, within 20 days of issuance, or in the case of | 15 | | firefighters employed by a state university, at the next | 16 | | regularly scheduled meeting of the governing body after | 17 | | issuance, such term or terms shall become a part of the | 18 | | collective bargaining agreement of the parties. If the | 19 | | governing body affirmatively rejects one or more terms of the | 20 | | arbitration panel's decision, it must provide reasons for such | 21 | | rejection with respect to each term so rejected, within 20 | 22 | | days of such rejection and the parties shall return to the | 23 | | arbitration panel for further proceedings and issuance of a | 24 | | supplemental decision with respect to the rejected terms. Any | 25 | | supplemental decision by an arbitration panel or other | 26 | | decision maker agreed to by the parties shall be submitted to |
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| 1 | | the governing body for ratification and adoption in accordance | 2 | | with the procedures and voting requirements set forth in this | 3 | | Section. The voting requirements of this subsection shall | 4 | | apply to all disputes submitted to arbitration pursuant to | 5 | | this Section notwithstanding any contrary voting requirements | 6 | | contained in any existing collective bargaining agreement | 7 | | between the parties. | 8 | | (o) If the governing body of the employer votes to reject | 9 | | the panel's decision, the parties shall return to the panel | 10 | | within 30 days from the issuance of the reasons for rejection | 11 | | for further proceedings and issuance of a supplemental | 12 | | decision. All reasonable costs of such supplemental proceeding | 13 | | including the exclusive representative's reasonable attorney's | 14 | | fees, as established by the Board, shall be paid by the | 15 | | employer. | 16 | | (p) Notwithstanding the provisions of this Section the | 17 | | employer and exclusive representative may agree to submit | 18 | | unresolved disputes concerning wages, hours, terms and | 19 | | conditions of employment to an alternative form of impasse | 20 | | resolution. | 21 | | The amendatory changes to this Section made by Public Act | 22 | | 101-652 take effect July 1, 2022. | 23 | | (q) As used in this Section, "units of security employees | 24 | | of a public employer" includes units of county correction or | 25 | | detention officers, units of probation officers, and units of | 26 | | telecommunicators who are critical to public safety. |
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| 1 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) |
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