Illinois General Assembly - Full Text of HB1380
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Full Text of HB1380  99th General Assembly




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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 Sections 8 and 14 as follows:
6    (5 ILCS 315/8)  (from Ch. 48, par. 1608)
7    Sec. 8. Grievance Procedure; attorneys' fees. The
8collective bargaining agreement negotiated between the
9employer and the exclusive representative shall contain a
10grievance resolution procedure which shall apply to all
11employees in the bargaining unit and shall provide for final
12and binding arbitration of disputes concerning the
13administration or interpretation of the agreement unless
14mutually agreed otherwise. Any agreement containing a final and
15binding arbitration provision shall also contain a provision
16prohibiting strikes for the duration of the agreement. The
17grievance and arbitration provisions of any collective
18bargaining agreement shall be subject to the Illinois "Uniform
19Arbitration Act". The costs of such arbitration shall be borne
20equally by the employer and the employee organization.
21    Unless mutually agreed otherwise, any party to a collective
22bargaining agreement who fails to timely comply with an
23arbitration award or who, after timely demand, fails to submit



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1a grievance dispute concerning the administration or
2interpretation of an agreement to arbitration shall pay to the
3prevailing party all reasonable costs of the proceeding in the
4trial and reviewing courts, including reasonable attorneys'
5fees, as determined by the court, incurred in relation to any
6action to confirm or amend an award or to compel or stay
7arbitration of a grievance in the event the final, unappealable
8decision of the reviewing courts is adverse to the
9non-compliant party. Any mutual agreements otherwise shall be a
10permissive subject of bargaining.
11(Source: P.A. 83-1012.)
12    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
13    Sec. 14. Security employee, peace officer and fire fighter
15    (a) In the case of collective bargaining agreements
16involving units of security employees of a public employer,
17Peace Officer Units, or units of fire fighters or paramedics,
18and in the case of disputes under Section 18, unless the
19parties mutually agree to some other time limit, mediation
20shall commence 30 days prior to the expiration date of such
21agreement or at such later time as the mediation services
22chosen under subsection (b) of Section 12 can be provided to
23the parties. In the case of negotiations for an initial
24collective bargaining agreement, mediation shall commence upon
2515 days notice from either party or at such later time as the



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



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



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



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1papers, contracts, agreements and documents as may be deemed by
2it material to a just determination of the issues in dispute,
3and for such purpose may issue subpoenas. If any person refuses
4to obey a subpoena, or refuses to be sworn or to testify, or if
5any witness, party or attorney is guilty of any contempt while
6in attendance at any hearing, the arbitration panel may, or the
7attorney general if requested shall, invoke the aid of any
8circuit court within the jurisdiction in which the hearing is
9being held, which court shall issue an appropriate order. Any
10failure to obey the order may be punished by the court as
12    (f) At any time before the rendering of an award, the
13chairman of the arbitration panel, if he is of the opinion that
14it would be useful or beneficial to do so, may remand the
15dispute to the parties for further collective bargaining for a
16period not to exceed 2 weeks. If the dispute is remanded for
17further collective bargaining the time provisions of this Act
18shall be extended for a time period equal to that of the
19remand. The chairman of the panel of arbitration shall notify
20the Board of the remand.
21    (g) At or before the conclusion of the hearing held
22pursuant to subsection (d), the arbitration panel shall
23identify the economic issues in dispute, and direct each of the
24parties to submit, within such time limit as the panel shall
25prescribe, to the arbitration panel and to each other its last
26offer of settlement on each economic issue. The determination



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1of the arbitration panel as to the issues in dispute and as to
2which of these issues are economic shall be conclusive. The
3arbitration panel, within 30 days after the conclusion of the
4hearing, or such further additional periods to which the
5parties may agree, shall make written findings of fact and
6promulgate a written opinion and shall mail or otherwise
7deliver a true copy thereof to the parties and their
8representatives and to the Board. As to each economic issue,
9the arbitration panel shall adopt the last offer of settlement
10which, in the opinion of the arbitration panel, more nearly
11complies with the applicable factors prescribed in subsection
12(h). The findings, opinions and order as to all other issues
13shall be based upon the applicable factors prescribed in
14subsection (h).
15    (h) Where there is no agreement between the parties, or
16where there is an agreement but the parties have begun
17negotiations or discussions looking to a new agreement or
18amendment of the existing agreement, and wage rates or other
19conditions of employment under the proposed new or amended
20agreement are in dispute, the arbitration panel shall base its
21findings, opinions and order upon the following factors, as
23        (1) The lawful authority of the employer.
24        (2) Stipulations of the parties.
25        (3) The interests and welfare of the public and the
26    financial ability of the unit of government to meet those



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1    costs.
2        (4) Comparison of the wages, hours and conditions of
3    employment of the employees involved in the arbitration
4    proceeding with the wages, hours and conditions of
5    employment of other employees performing similar services
6    and with other employees generally:
7            (A) In public employment in comparable
8        communities.
9            (B) In private employment in comparable
10        communities.
11        (5) The average consumer prices for goods and services,
12    commonly known as the cost of living.
13        (6) The overall compensation presently received by the
14    employees, including direct wage compensation, vacations,
15    holidays and other excused time, insurance and pensions,
16    medical and hospitalization benefits, the continuity and
17    stability of employment and all other benefits received.
18        (7) Changes in any of the foregoing circumstances
19    during the pendency of the arbitration proceedings.
20        (8) Such other factors, not confined to the foregoing,
21    which are normally or traditionally taken into
22    consideration in the determination of wages, hours and
23    conditions of employment through voluntary collective
24    bargaining, mediation, fact-finding, arbitration or
25    otherwise between the parties, in the public service or in
26    private employment.



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



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1residency requirements shall not allow residency outside of
2Illinois) and shall not include the following matters: i)
3residency requirements in municipalities with a population of
4at least 1,000,000; ii) the type of equipment (other than
5uniforms and fire fighter turnout gear) issued or used; iii)
6the total number of employees employed by the department; iv)
7mutual aid and assistance agreements to other units of
8government; and v) the criterion pursuant to which force,
9including deadly force, can be used; provided, however, nothing
10herein shall preclude an arbitration decision regarding
11equipment levels if such decision is based on a finding that
12the equipment considerations in a specific work assignment
13involve a serious risk to the safety of a fire fighter beyond
14that which is inherent in the normal performance of fire
15fighter duties. Limitation of the terms of the arbitration
16decision pursuant to this subsection shall not be construed to
17limit the facts upon which the decision may be based, as set
18forth in subsection (h).
19    The changes to this subsection (i) made by Public Act
2090-385 (relating to residency requirements) do not apply to
21persons who are employed by a combined department that performs
22both police and firefighting services; these persons shall be
23governed by the provisions of this subsection (i) relating to
24peace officers, as they existed before the amendment by Public
25Act 90-385.
26    To preserve historical bargaining rights, this subsection



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1shall not apply to any provision of a fire fighter collective
2bargaining agreement in effect and applicable on the effective
3date of this Act; provided, however, nothing herein shall
4preclude arbitration with respect to any such provision.
5    (j) Arbitration procedures shall be deemed to be initiated
6by the filing of a letter requesting mediation as required
7under subsection (a) of this Section. The commencement of a new
8municipal fiscal year after the initiation of arbitration
9procedures under this Act, but before the arbitration decision,
10or its enforcement, shall not be deemed to render a dispute
11moot, or to otherwise impair the jurisdiction or authority of
12the arbitration panel or its decision. Increases in rates of
13compensation awarded by the arbitration panel may be effective
14only at the start of the fiscal year next commencing after the
15date of the arbitration award. If a new fiscal year has
16commenced either since the initiation of arbitration
17procedures under this Act or since any mutually agreed
18extension of the statutorily required period of mediation under
19this Act by the parties to the labor dispute causing a delay in
20the initiation of arbitration, the foregoing limitations shall
21be inapplicable, and such awarded increases may be retroactive
22to the commencement of the fiscal year, any other statute or
23charter provisions to the contrary, notwithstanding. At any
24time the parties, by stipulation, may amend or modify an award
25of arbitration.
26    (k) Orders of the arbitration panel shall be reviewable,



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1upon appropriate petition by either the public employer or the
2exclusive bargaining representative, by the circuit court for
3the county in which the dispute arose or in which a majority of
4the affected employees reside, but only for reasons that the
5arbitration panel was without or exceeded its statutory
6authority; the order is arbitrary, or capricious; or the order
7was procured by fraud, collusion or other similar and unlawful
8means. Such petitions for review must be filed with the
9appropriate circuit court within 90 days following the issuance
10of the arbitration order. The pendency of such proceeding for
11review shall not automatically stay the order of the
12arbitration panel. The party against whom the final decision of
13any such court shall be adverse, if such court finds such
14appeal or petition to be frivolous, shall pay reasonable
15attorneys' fees and costs to the successful party as determined
16by said court in its discretion. Unless mutually agreed
17otherwise, any party to a collective bargaining agreement who
18obtains a stay of an award issued by an arbitration panel or
19single arbitrator under the authority of this Section, or any
20mutually agreed procedures, shall pay all reasonable costs of
21the proceedings in the reviewing courts, including reasonable
22attorneys' fees, as determined by the court, in the event the
23final, unappealable decision of the reviewing courts is adverse
24to that party. Any mutually agreed procedures providing for
25submission of disputes to which this Section applies to an
26arbitrator other than an arbitration panel shall be a



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



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



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2    (p) Notwithstanding the provisions of this Section the
3employer and exclusive representative may agree to submit
4unresolved disputes concerning wages, hours, terms and
5conditions of employment to an alternative form of impasse
7(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.