Full Text of SB2072 96th General Assembly
SB2072eng 96TH GENERAL ASSEMBLY
|
|
|
SB2072 Engrossed |
|
LRB096 08299 JAM 18407 b |
|
| 1 |
| AN ACT concerning 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 Sections 4 and 14 as follows: | 6 |
| (5 ILCS 315/4) (from Ch. 48, par. 1604)
| 7 |
| Sec. 4. Management Rights. Employers shall not be required | 8 |
| to bargain
over matters of inherent managerial policy, which | 9 |
| shall include such areas
of discretion or policy as the | 10 |
| functions of the employer, standards of
services,
its overall | 11 |
| budget, the organizational structure and selection of new
| 12 |
| employees, examination techniques
and direction of employees. | 13 |
| Employers, however, shall be required to bargain
collectively | 14 |
| with regard to
policy matters directly affecting wages, hours | 15 |
| and terms and conditions of employment , including manning,
as | 16 |
| well as the impact thereon upon request by employee | 17 |
| representatives.
| 18 |
| To preserve the rights of employers and exclusive | 19 |
| representatives which
have established collective bargaining | 20 |
| relationships or negotiated collective
bargaining agreements | 21 |
| prior to the effective date of this Act, employers
shall be | 22 |
| required to bargain collectively with regard to any matter | 23 |
| concerning
wages, hours or conditions of employment about which |
|
|
|
SB2072 Engrossed |
- 2 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| they have bargained
for and agreed to in a collective | 2 |
| bargaining agreement
prior to the effective date of this Act.
| 3 |
| The chief judge of the judicial circuit that employs a | 4 |
| public employee who
is
a court reporter, as defined in the | 5 |
| Court Reporters Act, has the authority to
hire, appoint, | 6 |
| promote, evaluate, discipline, and discharge court reporters
| 7 |
| within that judicial circuit.
| 8 |
| Nothing in this amendatory Act of the 94th General Assembly | 9 |
| shall
be construed to intrude upon the judicial functions of | 10 |
| any court. This
amendatory Act of the 94th General Assembly | 11 |
| applies only to nonjudicial
administrative matters relating to | 12 |
| the collective bargaining rights of court
reporters.
| 13 |
| (Source: P.A. 94-98, eff. 7-1-05.)
| 14 |
| (5 ILCS 315/14) (from Ch. 48, par. 1614)
| 15 |
| Sec. 14. Security Employee, Peace Officer and Fire Fighter | 16 |
| Disputes.
| 17 |
| (a) In the case of collective bargaining agreements | 18 |
| involving units of
security employees of a public employer, | 19 |
| Peace Officer Units, or units of
fire fighters or paramedics, | 20 |
| and in the case of disputes under Section 18,
unless the | 21 |
| parties mutually agree to some other time limit, mediation
| 22 |
| shall commence 30 days prior to the expiration date of such | 23 |
| agreement or
at such later time as the mediation services | 24 |
| chosen under subsection (b) of
Section 12 can be provided to | 25 |
| the parties. In the case of negotiations
for an initial |
|
|
|
SB2072 Engrossed |
- 3 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| collective bargaining agreement, mediation shall commence
upon | 2 |
| 15 days notice from either party or at such later time as the
| 3 |
| mediation services chosen pursuant to subsection (b) of Section | 4 |
| 12 can be
provided to the parties. In mediation under this | 5 |
| Section, if either party
requests the use of mediation services | 6 |
| from the Federal Mediation and
Conciliation Service, the other | 7 |
| party shall either join in such request or
bear the additional | 8 |
| cost of mediation services from another source. The
mediator | 9 |
| shall have a duty to keep the Board informed on the progress of
| 10 |
| the mediation. If any dispute has not been resolved within 15 | 11 |
| days after
the first meeting of the parties and the mediator, | 12 |
| or within such other
time limit as may be mutually agreed upon | 13 |
| by the parties, either the
exclusive representative or employer | 14 |
| may request of the other, in writing,
arbitration, and shall | 15 |
| submit a copy of the request to the Board.
| 16 |
| (b) Within 10 days after such a request for arbitration has | 17 |
| been
made, the employer shall choose a delegate and
the | 18 |
| employees' exclusive representative shall choose a delegate to | 19 |
| a panel
of arbitration as provided in this Section. The | 20 |
| employer and employees
shall forthwith advise the other and the | 21 |
| Board of their selections.
| 22 |
| (c) Within 7 days of the request of either party, the Board | 23 |
| shall select
from the Public Employees Labor Mediation Roster 7 | 24 |
| persons who are on the
labor arbitration panels of either the | 25 |
| American Arbitration Association or
the Federal Mediation and | 26 |
| Conciliation Service, or who are members of the
National |
|
|
|
SB2072 Engrossed |
- 4 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| Academy of Arbitrators, as nominees for
impartial arbitrator of | 2 |
| the arbitration panel. The parties may select an
individual on | 3 |
| the list provided by the Board or any other individual
mutually | 4 |
| agreed upon by the parties. Within 7 days following the receipt
| 5 |
| of the list, the parties shall notify the Board of the person | 6 |
| they have
selected. Unless the parties agree on an alternate | 7 |
| selection procedure,
they shall alternatively strike one name | 8 |
| from the list provided by the
Board until only one name | 9 |
| remains. A coin toss shall determine which party
shall strike | 10 |
| the first name. If the parties fail to notify the Board in a
| 11 |
| timely manner of their selection for neutral chairman, the | 12 |
| Board shall
appoint a neutral chairman from the Illinois Public | 13 |
| Employees
Mediation/Arbitration Roster.
| 14 |
| (d) The chairman shall call a hearing to begin within 15 | 15 |
| days and give
reasonable notice of the time and place of the | 16 |
| hearing. The hearing
shall be held at the offices of the Board | 17 |
| or at such other location as the
Board deems appropriate. The | 18 |
| chairman shall preside over the hearing and
shall take | 19 |
| testimony. Any oral or documentary evidence and other data
| 20 |
| deemed relevant by the arbitration panel may be received in | 21 |
| evidence. The
proceedings shall be informal. Technical rules of | 22 |
| evidence shall not apply
and the competency of the evidence | 23 |
| shall not thereby be deemed impaired. A
verbatim record of the | 24 |
| proceedings shall be made and the arbitrator shall
arrange for | 25 |
| the necessary recording service. Transcripts may be ordered at
| 26 |
| the expense of the party ordering them, but the transcripts |
|
|
|
SB2072 Engrossed |
- 5 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| shall not be
necessary for a decision by the arbitration panel. | 2 |
| The expense of the
proceedings, including a fee for the | 3 |
| chairman, established in advance by
the Board, shall be borne | 4 |
| equally by each of the parties to the dispute.
The delegates, | 5 |
| if public officers or employees, shall continue on the
payroll | 6 |
| of the public employer without loss of pay. The hearing | 7 |
| conducted
by the arbitration panel may be adjourned from time | 8 |
| to time, but unless
otherwise agreed by the parties, shall be | 9 |
| concluded within 30 days of the
time of its commencement. | 10 |
| Majority actions and rulings shall constitute
the actions and | 11 |
| rulings of the arbitration panel. Arbitration proceedings
| 12 |
| under this Section shall not be interrupted or terminated by | 13 |
| reason of any
unfair labor practice charge filed by either | 14 |
| party at any time.
| 15 |
| (e) The arbitration panel may administer oaths, require the | 16 |
| attendance
of witnesses, and the production of such books, | 17 |
| papers, contracts, agreements
and documents as may be deemed by | 18 |
| it material to a just determination of
the issues in dispute, | 19 |
| and for such purpose may issue subpoenas. If any
person refuses | 20 |
| to obey a subpoena, or refuses to be sworn or to testify,
or if | 21 |
| any witness, party or attorney is guilty of any contempt while | 22 |
| in
attendance at any hearing, the arbitration panel may, or the | 23 |
| attorney general
if requested shall, invoke the aid of any | 24 |
| circuit court within the jurisdiction
in which the hearing is | 25 |
| being held, which court shall issue an appropriate
order. Any | 26 |
| failure to obey the order may be punished by the court as |
|
|
|
SB2072 Engrossed |
- 6 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| contempt.
| 2 |
| (f) At any time before the rendering of an award, the | 3 |
| chairman of the
arbitration panel, if he is of the opinion that | 4 |
| it would be useful or
beneficial to do so, may remand the | 5 |
| dispute to the parties for further
collective bargaining for a | 6 |
| period not to exceed 2 weeks. If the dispute
is remanded for | 7 |
| further collective bargaining the time provisions of this
Act | 8 |
| shall be extended for a time period equal to that of the | 9 |
| remand. The
chairman of the panel of arbitration shall notify | 10 |
| the Board of the remand.
| 11 |
| (g) At or before the conclusion of the hearing held | 12 |
| pursuant to subsection
(d), the arbitration panel shall | 13 |
| identify the economic issues in dispute,
and direct each of the | 14 |
| parties to submit, within such time limit as the
panel shall | 15 |
| prescribe, to the arbitration panel and to each other its last
| 16 |
| offer of settlement on each economic issue. The determination | 17 |
| of the
arbitration panel as to the issues in dispute and as to | 18 |
| which of these
issues are economic shall be conclusive. The | 19 |
| arbitration panel, within 30
days after the conclusion of the | 20 |
| hearing, or such further additional
periods to which the | 21 |
| parties may agree, shall make written findings of fact
and | 22 |
| promulgate a written opinion and shall mail or otherwise | 23 |
| deliver a true
copy thereof to the parties and their | 24 |
| representatives and to the Board. As
to each economic issue, | 25 |
| the arbitration panel shall adopt the last offer of
settlement | 26 |
| which, in the opinion of the arbitration panel, more nearly
|
|
|
|
SB2072 Engrossed |
- 7 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| complies with the applicable factors prescribed in subsection | 2 |
| (h). The
findings, opinions and order as to all other issues | 3 |
| shall be based upon the
applicable factors prescribed in | 4 |
| subsection (h).
| 5 |
| (h) Where there is no agreement between the parties, or | 6 |
| where there is
an agreement but the parties have begun | 7 |
| negotiations or discussions looking
to a new agreement or | 8 |
| amendment of the existing agreement, and wage rates
or other | 9 |
| conditions of employment under the proposed new or amended | 10 |
| agreement
are in dispute, the arbitration panel shall base its | 11 |
| findings, opinions
and order upon the following factors, as | 12 |
| applicable:
| 13 |
| (1) The lawful authority of the employer.
| 14 |
| (2) Stipulations of the parties.
| 15 |
| (3) The interests and welfare of the public and the | 16 |
| financial ability
of the unit of government to meet those | 17 |
| costs.
| 18 |
| (4) Comparison of the wages, hours and conditions of | 19 |
| employment of the
employees involved in the arbitration | 20 |
| proceeding with the wages, hours and
conditions of | 21 |
| employment of other employees performing similar services
| 22 |
| and with other employees generally:
| 23 |
| (A) In public employment in comparable | 24 |
| communities.
| 25 |
| (B) In private employment in comparable | 26 |
| communities.
|
|
|
|
SB2072 Engrossed |
- 8 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| (5) The average consumer prices for goods and services, | 2 |
| commonly known
as the cost of living.
| 3 |
| (6) The overall compensation presently received by the | 4 |
| employees,
including
direct wage compensation, vacations, | 5 |
| holidays and other excused time, insurance
and pensions, | 6 |
| medical and hospitalization benefits, the continuity and
| 7 |
| stability of employment and all other benefits received.
| 8 |
| (7) Changes in any of the foregoing circumstances | 9 |
| during the pendency
of the arbitration proceedings.
| 10 |
| (8) Such other factors, not confined to the foregoing, | 11 |
| which are normally
or traditionally taken into | 12 |
| consideration in the determination of wages,
hours and | 13 |
| conditions of employment through voluntary collective | 14 |
| bargaining,
mediation, fact-finding, arbitration or | 15 |
| otherwise between the parties, in
the public service or in | 16 |
| private employment.
| 17 |
| (i) In the case of peace officers, the arbitration decision | 18 |
| shall be
limited to wages, hours, and conditions of employment | 19 |
| (which may include
residency requirements in municipalities | 20 |
| with a population under 1,000,000, but
those residency | 21 |
| requirements shall not allow residency outside of Illinois)
and | 22 |
| shall not include
the following: i) residency requirements in | 23 |
| municipalities with a population
of at least 1,000,000; ii) the | 24 |
| type of equipment, other
than uniforms, issued or used; iii) | 25 |
| (blank) manning ; iv) the total number of
employees employed by | 26 |
| the department; v) mutual aid and assistance
agreements to |
|
|
|
SB2072 Engrossed |
- 9 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| other units of government; and vi) the criterion pursuant to
| 2 |
| which force, including deadly force, can be used; provided, | 3 |
| nothing herein
shall preclude an arbitration decision | 4 |
| regarding equipment or manning
levels if such decision is based | 5 |
| on a finding that the equipment or manning
considerations in a | 6 |
| specific work assignment involves involve a serious risk to the
| 7 |
| safety of a peace officer beyond that which is inherent in the | 8 |
| normal
performance of police duties. Limitation of the terms of | 9 |
| the arbitration
decision pursuant to this subsection shall not | 10 |
| be construed to limit the
factors upon which the decision may | 11 |
| be based, as set forth in subsection (h).
| 12 |
| In the case of fire fighter, and fire department or fire | 13 |
| district paramedic
matters, the arbitration decision shall be | 14 |
| limited to wages, hours, and
conditions of employment (which | 15 |
| may include residency requirements in
municipalities with a | 16 |
| population under 1,000,000, but those residency
requirements | 17 |
| shall not allow residency outside of Illinois) and shall not
| 18 |
| include the
following matters: i) residency requirements in | 19 |
| municipalities with a
population of at least 1,000,000; ii) the | 20 |
| type of equipment (other than
uniforms and fire fighter turnout | 21 |
| gear) issued or used; iii) the total
number of employees | 22 |
| employed by the department; iv) mutual aid and
assistance | 23 |
| agreements to other units of government; and v) the criterion
| 24 |
| pursuant to which force, including deadly force, can be used; | 25 |
| provided,
however, nothing herein shall preclude an | 26 |
| arbitration decision regarding
equipment levels if such |
|
|
|
SB2072 Engrossed |
- 10 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| decision is based on a finding that the equipment
| 2 |
| considerations in a specific work assignment involve a serious | 3 |
| risk to the
safety of a fire fighter beyond that which is | 4 |
| inherent in the normal
performance of fire fighter duties. | 5 |
| Limitation of the terms of the
arbitration decision pursuant to | 6 |
| this subsection shall not be construed to
limit the facts upon | 7 |
| which the decision may be based, as set forth in
subsection | 8 |
| (h).
| 9 |
| The changes to this subsection (i) made by Public Act | 10 |
| 90-385 (relating to residency requirements) do not
apply to | 11 |
| persons who are employed by a combined department that performs | 12 |
| both
police and firefighting services; these persons shall be | 13 |
| governed by the
provisions of this subsection (i) relating to | 14 |
| peace officers, as they existed
before the amendment by Public | 15 |
| Act 90-385.
| 16 |
| To preserve historical bargaining rights, this subsection | 17 |
| shall not apply
to any provision of a fire fighter collective | 18 |
| bargaining agreement in effect
and applicable on the effective | 19 |
| date of this Act; provided, however, nothing
herein shall | 20 |
| preclude arbitration with respect to any such provision.
| 21 |
| (j) Arbitration procedures shall be deemed to be initiated | 22 |
| by the
filing of a letter requesting mediation as required | 23 |
| under subsection (a)
of this Section. The commencement of a new | 24 |
| municipal fiscal year after the
initiation of arbitration | 25 |
| procedures under this Act, but before the
arbitration decision, | 26 |
| or its enforcement, shall not be deemed to render a
dispute |
|
|
|
SB2072 Engrossed |
- 11 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| moot, or to otherwise impair the jurisdiction or authority of | 2 |
| the
arbitration panel or its decision. Increases in rates
of | 3 |
| compensation awarded by the arbitration panel may be effective | 4 |
| only at
the start of the fiscal year next commencing after the | 5 |
| date of the arbitration
award. If a new fiscal year has | 6 |
| commenced either since the initiation of
arbitration | 7 |
| procedures under this Act or since any mutually agreed
| 8 |
| extension of the statutorily required period of mediation
under | 9 |
| this Act by the parties to the labor dispute causing a
delay in | 10 |
| the initiation of arbitration, the foregoing limitations shall | 11 |
| be
inapplicable, and such awarded increases may be retroactive | 12 |
| to the
commencement of the fiscal year, any other statute or | 13 |
| charter provisions to
the contrary, notwithstanding. At any | 14 |
| time the parties, by stipulation, may
amend or modify an award | 15 |
| of arbitration.
| 16 |
| (k) Orders of the arbitration panel shall be reviewable, | 17 |
| upon
appropriate petition by either the public employer or the | 18 |
| exclusive
bargaining representative, by the circuit court for | 19 |
| the county in which the
dispute arose or in which a majority of | 20 |
| the affected employees reside, but
only for reasons that the | 21 |
| arbitration panel was without or exceeded its
statutory | 22 |
| authority; the order is arbitrary, or capricious; or the order
| 23 |
| was procured by fraud, collusion or other similar and unlawful | 24 |
| means. Such
petitions for review must be filed with the | 25 |
| appropriate circuit court
within 90 days following the issuance | 26 |
| of the arbitration order. The
pendency of such proceeding for |
|
|
|
SB2072 Engrossed |
- 12 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| review shall not automatically stay the
order of the | 2 |
| arbitration panel. The party against whom the final decision
of | 3 |
| any such court shall be adverse, if such court finds such | 4 |
| appeal or
petition to be frivolous, shall pay reasonable | 5 |
| attorneys' fees and costs to
the successful party as determined | 6 |
| by said court in its discretion. If said
court's decision | 7 |
| affirms the award of money, such award, if retroactive,
shall | 8 |
| bear interest at the rate of 12 percent per annum from the | 9 |
| effective
retroactive date.
| 10 |
| (l) During the pendency of proceedings before the | 11 |
| arbitration panel,
existing wages, hours, and other conditions | 12 |
| of employment shall not be
changed by action of either party | 13 |
| without the consent of the other but a
party may so consent | 14 |
| without prejudice to his rights or position under
this Act. The | 15 |
| proceedings are deemed to be pending before the arbitration
| 16 |
| panel upon the initiation of arbitration procedures under this | 17 |
| Act.
| 18 |
| (m) Security officers of public employers, and Peace | 19 |
| Officers, Fire
Fighters and fire department and fire protection | 20 |
| district paramedics,
covered by this Section may not withhold | 21 |
| services, nor may public employers
lock out or prevent such | 22 |
| employees from performing services at any time.
| 23 |
| (n) All of the terms decided upon by the arbitration panel | 24 |
| shall be included
in an agreement to be submitted to the public | 25 |
| employer's governing body
for ratification and adoption by law, | 26 |
| ordinance or the equivalent
appropriate means.
|
|
|
|
SB2072 Engrossed |
- 13 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| The governing body shall review each term decided by the | 2 |
| arbitration panel.
If the governing body fails to reject one or | 3 |
| more terms of the
arbitration panel's decision by a 3/5 vote of | 4 |
| those duly elected and
qualified members of the governing body, | 5 |
| within 20 days of issuance, or
in the case of firefighters | 6 |
| employed by a state university, at the next
regularly scheduled | 7 |
| meeting of the governing body after issuance, such
term or | 8 |
| terms shall become a part of the collective bargaining | 9 |
| agreement of
the parties. If the governing body affirmatively | 10 |
| rejects one or more terms
of the arbitration panel's decision, | 11 |
| it must provide reasons for such
rejection with respect to each | 12 |
| term so rejected, within 20 days of such
rejection and the | 13 |
| parties shall return to the arbitration panel
for further | 14 |
| proceedings and issuance of a supplemental decision with | 15 |
| respect
to the rejected terms. Any supplemental decision by an | 16 |
| arbitration panel
or other decision maker agreed to by the | 17 |
| parties shall be submitted to
the governing body for | 18 |
| ratification and adoption in accordance with the
procedures and | 19 |
| voting requirements set forth in this Section.
The voting | 20 |
| requirements of this subsection shall apply to all disputes
| 21 |
| submitted to arbitration pursuant to this Section | 22 |
| notwithstanding any
contrary voting requirements contained in | 23 |
| any existing collective
bargaining agreement between the | 24 |
| parties.
| 25 |
| (o) If the governing body of the employer votes to reject | 26 |
| the panel's
decision, the parties shall return to the panel |
|
|
|
SB2072 Engrossed |
- 14 - |
LRB096 08299 JAM 18407 b |
|
| 1 |
| within 30 days from the
issuance of the reasons for rejection | 2 |
| for further proceedings and issuance
of a supplemental | 3 |
| decision. All reasonable costs of such supplemental
proceeding | 4 |
| including the exclusive representative's reasonable attorney's
| 5 |
| fees, as established by the Board, shall be paid by the | 6 |
| employer.
| 7 |
| (p) Notwithstanding the provisions of this Section the | 8 |
| employer and
exclusive representative may agree to submit | 9 |
| unresolved disputes concerning
wages, hours, terms and | 10 |
| conditions of employment to an alternative form of
impasse | 11 |
| resolution.
| 12 |
| (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; | 13 |
| 90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)
|
|