Full Text of SB3073 93rd General Assembly
SB3073 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3073
Introduced 2/6/2004, by Antonio Munoz SYNOPSIS AS INTRODUCED: |
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5 ILCS 315/7 |
from Ch. 48, par. 1607 |
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Amends the Illinois Public Labor Relations Act. In municipalities with over 1,000,000 inhabitants, provides that a public employer's duty to bargain collectively includes negotiating promotional issues with the certified representative of any peace officer bargaining unit comprised of the rank who may be promoted. Effective immediately.
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A BILL FOR
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SB3073 |
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LRB093 18957 JAM 44692 b |
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| AN ACT concerning public labor relations.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing Section 7 as follows:
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| (5 ILCS 315/7) (from Ch. 48, par. 1607)
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| Sec. 7. Duty to bargain. A public employer and the | 8 |
| exclusive representative
have the authority and the duty to | 9 |
| bargain collectively set forth in this
Section.
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| For the purposes of this Act, "to bargain collectively" | 11 |
| means the performance
of the mutual obligation of the public | 12 |
| employer or his designated
representative and the | 13 |
| representative of the public employees to meet at
reasonable | 14 |
| times, including meetings in advance of the budget-making | 15 |
| process,
and to negotiate in good faith with respect to wages, | 16 |
| hours, and other
conditions
of employment, not excluded by | 17 |
| Section 4 of this Act, or the negotiation
of an agreement, or | 18 |
| any question arising
thereunder and the execution of a written | 19 |
| contract incorporating any agreement
reached if requested by | 20 |
| either party, but such obligation does not compel
either party | 21 |
| to agree to a proposal or require the making of a concession.
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| The duty "to bargain collectively" shall also include an | 23 |
| obligation to
negotiate over any matter with respect to wages, | 24 |
| hours and other conditions
of employment, not specifically | 25 |
| provided for in any other law or not specifically
in violation | 26 |
| of the provisions
of any law. If any other law pertains, in | 27 |
| part, to a matter affecting
the wages, hours and other | 28 |
| conditions of employment, such other law shall
not be construed | 29 |
| as limiting the duty "to bargain collectively" and to enter
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| into collective bargaining agreements containing clauses which | 31 |
| either supplement,
implement, or relate to the effect of such | 32 |
| provisions in other laws.
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SB3073 |
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LRB093 18957 JAM 44692 b |
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| The duty "to bargain collectively" shall also include an | 2 |
| obligation to
negotiate with the certified representative of | 3 |
| any peace officer bargaining unit comprised of the rank to | 4 |
| which promotions will be made over promotional issues, | 5 |
| including examination techniques and selection criteria, in | 6 |
| municipalities with over 1,000,000 inhabitants.
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| The duty "to bargain collectively" shall also include | 8 |
| negotiations
as to the terms of a collective bargaining | 9 |
| agreement.
The parties may, by mutual agreement, provide for | 10 |
| arbitration of impasses
resulting from their inability to agree | 11 |
| upon wages, hours and terms and
conditions of employment to be | 12 |
| included in a collective bargaining agreement.
Such | 13 |
| arbitration provisions shall be subject to the Illinois | 14 |
| "Uniform Arbitration
Act" unless agreed by the parties.
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| The duty "to bargain collectively" shall also mean that no | 16 |
| party to a collective
bargaining contract shall terminate or | 17 |
| modify such contract, unless the
party desiring such | 18 |
| termination or modification:
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| (1) serves a written notice upon the other party to the | 20 |
| contract of the
proposed termination or modification 60 days | 21 |
| prior to the expiration date
thereof, or in the event such | 22 |
| contract contains no expiration date, 60 days
prior to the time | 23 |
| it is proposed to make such termination or modification;
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| (2) offers to meet and confer with the other party for the | 25 |
| purpose of
negotiating a new contract or a contract containing | 26 |
| the proposed modifications;
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| (3) notifies the Board within 30 days after such notice of | 28 |
| the existence
of a dispute, provided no agreement has been | 29 |
| reached by that time; and
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| (4) continues in full force and effect, without resorting | 31 |
| to strike or
lockout, all the terms and conditions of the | 32 |
| existing contract for a period
of 60 days after such notice is | 33 |
| given to the other party or until the expiration
date of such | 34 |
| contract, whichever occurs later.
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| The duties imposed upon employers, employees and labor | 36 |
| organizations by
paragraphs (2), (3) and (4) shall become |
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LRB093 18957 JAM 44692 b |
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| inapplicable upon an intervening
certification of the Board, | 2 |
| under which the labor organization, which is
a party to the | 3 |
| contract, has been superseded as or ceased to be the exclusive
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| representative
of the employees pursuant to the provisions of | 5 |
| subsection (a) of Section
9, and the duties so imposed shall | 6 |
| not be construed as requiring either
party to discuss or agree | 7 |
| to any modification of the terms and conditions
contained in a | 8 |
| contract for a fixed period, if such modification is to become
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| effective before such terms and conditions can be reopened | 10 |
| under the provisions
of the contract.
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| Collective bargaining for personal care attendants and | 12 |
| personal assistants
under
the Home Services Program shall be | 13 |
| limited to the terms and conditions of
employment
under the | 14 |
| State's control, as defined in this amendatory Act of the 93rd
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| General
Assembly.
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| (Source: P.A. 93-204, eff. 7-16-03.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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