Full Text of HB3403 100th General Assembly
HB3403 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3403 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| 115 ILCS 5/13 | from Ch. 48, par. 1713 |
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Amends the strike provisions of the Illinois Educational Labor Relations Act. With respect to the conditions that must be met in order for educational employees to engage in a strike, provides that the condition that at
least three-fourths of all bargaining unit employees who
are members of the exclusive bargaining representative
must have affirmatively voted to authorize the strike applies to all educational employees (not just those employed in the Chicago school district). Effective July 1, 2017.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Educational Labor Relations Act is | 5 | | amended by changing Section 13 as follows:
| 6 | | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 7 | | Sec. 13. Strikes.
| 8 | | (a) Notwithstanding the existence of any other
provision in | 9 | | this Act or other law, educational employees employed in school
| 10 | | districts organized under Article 34 of the School Code shall | 11 | | not engage in
a strike at any time during the 18 month period | 12 | | that commences on the
effective date of this amendatory Act of | 13 | | 1995. An educational employee
employed in a school district | 14 | | organized
under Article 34 of the School Code who participates | 15 | | in a strike in violation
of this Section is subject to | 16 | | discipline by the employer. In addition, no
educational | 17 | | employer organized under Article 34 of the School Code may pay | 18 | | or
cause to be paid to an educational employee who
participates | 19 | | in a strike in violation of this subsection any wages or other
| 20 | | compensation for any period during
which an educational | 21 | | employee participates in the strike, except for wages or
| 22 | | compensation earned before participation in the strike.
| 23 | | Notwithstanding the existence of any other
provision in this |
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| 1 | | Act or other law, during the 18-month period that strikes are
| 2 | | prohibited under this subsection nothing in this subsection | 3 | | shall be construed
to require an educational employer to submit | 4 | | to a binding dispute resolution
process.
| 5 | | (b) Notwithstanding the existence of any other provision in | 6 | | this Act or any
other law, educational employees other than | 7 | | those employed in a school district
organized under Article 34 | 8 | | of the School Code and, after the expiration of the
18 month | 9 | | period that commences on the effective date of this amendatory | 10 | | Act of
1995, educational employees in a school district | 11 | | organized under Article 34 of
the School Code shall not engage | 12 | | in a strike except under the following
conditions:
| 13 | | (1) they are represented by an exclusive bargaining
| 14 | | representative;
| 15 | | (2) mediation has been used without success and, for | 16 | | educational employers and exclusive bargaining | 17 | | representatives to which subsection (a-5) of Section 12 of | 18 | | this Act applies, at least 14 days have elapsed after the | 19 | | Board has made public the parties' offers;
| 20 | | (2.5) if fact-finding was invoked pursuant to | 21 | | subsection (a-10) of Section 12 of this Act, at least 30 | 22 | | days have elapsed after a fact-finding report has been | 23 | | released for public information; | 24 | | (2.10) for educational employees employed in a school | 25 | | district organized under Article 34 of the School Code, at | 26 | | least three-fourths of all bargaining unit employees who |
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| 1 | | are members of the exclusive bargaining representative | 2 | | have affirmatively voted to authorize the strike; | 3 | | provided , however, that all members of the exclusive | 4 | | bargaining representative at the time of a strike | 5 | | authorization vote shall be eligible to vote;
| 6 | | (3) at least 10 days have elapsed after a notice of | 7 | | intent
to strike has been given by the exclusive bargaining | 8 | | representative to the
educational employer, the regional | 9 | | superintendent and the Illinois Educational
Labor | 10 | | Relations Board;
| 11 | | (4) the collective bargaining agreement between the | 12 | | educational employer
and educational employees, if any, | 13 | | has expired or been terminated; and
| 14 | | (5) the employer and the exclusive bargaining | 15 | | representative have not
mutually submitted the unresolved | 16 | | issues to arbitration.
| 17 | | If, however, in the opinion of an employer the strike is or | 18 | | has become a
clear and present danger to the health or safety | 19 | | of the public, the employer
may initiate
in the circuit court | 20 | | of the county in which such danger exists an action for
relief | 21 | | which may include, but is not limited to, injunction. The court | 22 | | may
grant appropriate relief upon the finding that such clear | 23 | | and present danger
exists.
An unfair practice or other evidence | 24 | | of lack of clean hands by the educational
employer is a defense | 25 | | to such action. Except as provided for in this
paragraph, the | 26 | | jurisdiction of the court under this Section is limited by the
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| 1 | | Labor Dispute Act.
| 2 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | 3 | | eff. 1-1-14.)
| 4 | | Section 99. Effective date. This Act takes effect July 1, | 5 | | 2017.
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