Full Text of SB3514 98th General Assembly
SB3514sam002 98TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 3/18/2014
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| 1 | | AMENDMENT TO SENATE BILL 3514
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3514 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 9 and 14 as follows:
| 6 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| 7 | | Sec. 9. Elections; recognition.
| 8 | | (a) Whenever in accordance with such
regulations as may be | 9 | | prescribed by the Board a petition has been filed:
| 10 | | (1) by a public employee or group of public employees | 11 | | or any labor
organization acting in their behalf | 12 | | demonstrating that 30% of the public
employees in an | 13 | | appropriate unit (A) wish to be represented for the
| 14 | | purposes of collective bargaining by a labor organization | 15 | | as exclusive
representative, or (B) asserting that the | 16 | | labor organization which has been
certified or is currently |
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| 1 | | recognized by the public employer as bargaining
| 2 | | representative is no longer the representative of the | 3 | | majority of public
employees in the unit; or
| 4 | | (2) by a public employer alleging that one or more | 5 | | labor organizations
have presented to it a claim that they | 6 | | be recognized as the representative
of a majority of the | 7 | | public employees in an appropriate unit,
| 8 | | the Board
shall investigate such petition, and if it has | 9 | | reasonable cause to believe
that a question of representation | 10 | | exists, shall provide for an appropriate
hearing upon due | 11 | | notice. Such hearing shall be held at the offices of
the Board | 12 | | or such other location as the Board deems appropriate.
If it | 13 | | finds upon the record of the hearing that a question of
| 14 | | representation exists, it shall direct an election in | 15 | | accordance with
subsection (d) of this Section, which election | 16 | | shall be held not later than
120 days after the date the | 17 | | petition was filed regardless of whether that
petition was | 18 | | filed before or after the effective date of this amendatory
Act | 19 | | of 1987; provided, however, the Board may extend the time for | 20 | | holding an
election by an additional 60 days if, upon motion by | 21 | | a person who has filed
a petition under this Section or is the | 22 | | subject of a petition filed under
this Section and is a party | 23 | | to such hearing, or upon the Board's own
motion, the Board | 24 | | finds that good cause has been shown for extending the
election | 25 | | date; provided further, that nothing in this Section shall | 26 | | prohibit
the Board, in its discretion, from extending the time |
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| 1 | | for holding an
election for so long as may be necessary under | 2 | | the circumstances, where the
purpose for such extension is to | 3 | | permit resolution by the Board of an
unfair labor practice | 4 | | charge filed by one of the parties to a
representational | 5 | | proceeding against the other based upon conduct which may
| 6 | | either affect the existence of a question concerning | 7 | | representation or have
a tendency to interfere with a fair and | 8 | | free election, where the party
filing the charge has not filed | 9 | | a request to proceed with the election; and
provided further | 10 | | that prior to the expiration of the total time allotted
for | 11 | | holding an election, a person who has filed a petition under | 12 | | this
Section or is the subject of a petition filed under this | 13 | | Section and is a
party to such hearing or the Board, may move | 14 | | for and obtain the entry
of an order in the circuit court of | 15 | | the county in which the majority of the
public employees sought | 16 | | to be represented by such person reside, such order
extending | 17 | | the date upon which the election shall be held. Such order | 18 | | shall
be issued by the circuit court only upon a judicial | 19 | | finding that there has
been a sufficient showing that there is | 20 | | good cause to extend the election
date beyond such period and | 21 | | shall require the Board to hold the
election as soon as is | 22 | | feasible given the totality of the circumstances.
Such 120 day | 23 | | period may be extended one or more times by the agreement
of | 24 | | all parties to the hearing to a date certain without the | 25 | | necessity of
obtaining a court order. Nothing in this Section | 26 | | prohibits the waiving
of hearings by stipulation for the |
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| 1 | | purpose of a consent election in conformity
with the rules and | 2 | | regulations of the Board or an election in a unit agreed
upon | 3 | | by the parties. Other interested employee organizations may | 4 | | intervene
in the proceedings in the manner and within the time | 5 | | period specified by
rules and regulations of the Board. | 6 | | Interested parties who are necessary
to the proceedings may | 7 | | also intervene in the proceedings in the manner and
within the | 8 | | time period specified by the rules and regulations of the | 9 | | Board.
| 10 | | (a-5) The Board shall designate an exclusive | 11 | | representative for purposes
of
collective bargaining when the | 12 | | representative demonstrates a showing of
majority interest by | 13 | | employees in the unit. If the parties to a dispute are
without
| 14 | | agreement on the means to ascertain the choice, if any, of | 15 | | employee
organization
as their representative, the Board shall | 16 | | ascertain the employees' choice of
employee organization, on | 17 | | the basis of dues deduction authorization or other
evidence, | 18 | | or, if necessary, by conducting an election. All evidence | 19 | | submitted by an employee organization to the Board to ascertain | 20 | | an employee's choice of an employee organization is | 21 | | confidential and shall not be submitted to the employer for | 22 | | review. The Board shall ascertain the employee's choice of | 23 | | employee organization within 120 days after the filing of the | 24 | | majority interest petition; however, the Board may extend time | 25 | | by an additional 60 days, upon its own motion or upon the | 26 | | motion of a party to the proceeding. If either party provides
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| 1 | | to the Board, before the designation of a representative, clear | 2 | | and convincing
evidence that the dues deduction | 3 | | authorizations, and other evidence upon which
the Board would | 4 | | otherwise rely to ascertain the employees' choice of
| 5 | | representative, are fraudulent or were obtained through | 6 | | coercion, the Board
shall promptly thereafter conduct an | 7 | | election. The Board shall also investigate
and consider a | 8 | | party's allegations that the dues deduction authorizations and
| 9 | | other evidence submitted in support of a designation of | 10 | | representative without
an election were subsequently changed, | 11 | | altered, withdrawn, or withheld as a
result of employer fraud, | 12 | | coercion, or any other unfair labor practice by the
employer. | 13 | | If the Board determines that a labor organization would have | 14 | | had a
majority interest but for an employer's fraud, coercion, | 15 | | or unfair labor
practice, it shall designate the labor | 16 | | organization as an exclusive
representative without conducting | 17 | | an
election. If a hearing is necessary to resolve any issues of | 18 | | representation under this Section, the Board shall conclude its | 19 | | hearing process and issue a certification of the entire | 20 | | appropriate unit not later than 120 days after the date the | 21 | | petition was filed. The 120-day period may be extended one or | 22 | | more times by the agreement of all parties to a hearing to a | 23 | | date certain.
| 24 | | (a-6) A labor organization or an employer may file a unit | 25 | | clarification petition seeking to clarify an existing | 26 | | bargaining unit. The Board shall conclude its investigation, |
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| 1 | | including any hearing process deemed necessary, and issue a | 2 | | certification of clarified unit or dismiss the petition not | 3 | | later than 120 days after the date the petition was filed. The | 4 | | 120-day period may be extended one or more times by the | 5 | | agreement of all parties to a hearing to a date certain. | 6 | | (b) The Board shall decide in each case, in order to assure | 7 | | public employees
the fullest freedom in exercising the rights | 8 | | guaranteed by this Act, a unit
appropriate for the purpose of | 9 | | collective bargaining, based upon but not
limited to such | 10 | | factors as: historical pattern of recognition; community
of | 11 | | interest including employee skills and functions; degree of | 12 | | functional
integration; interchangeability and contact among | 13 | | employees; fragmentation
of employee groups; common | 14 | | supervision, wages, hours and other working
conditions of the | 15 | | employees involved; and the desires of the employees.
For | 16 | | purposes of this subsection, fragmentation shall not be the | 17 | | sole or
predominant factor used by the Board in determining an | 18 | | appropriate
bargaining unit. Except with respect to non-State | 19 | | fire fighters and
paramedics employed by fire departments and | 20 | | fire protection districts,
non-State peace officers and peace | 21 | | officers in the State
Department of State Police, a single | 22 | | bargaining unit determined by the
Board may not include both | 23 | | supervisors and nonsupervisors, except for
bargaining units in | 24 | | existence on the effective date of this Act. With
respect to | 25 | | non-State fire fighters and paramedics employed by fire
| 26 | | departments and fire protection districts, non-State peace |
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| 1 | | officers and
peace officers in the State Department of State | 2 | | Police, a single bargaining
unit determined by the Board may | 3 | | not include both supervisors and
nonsupervisors, except for | 4 | | bargaining units in existence on the effective
date of this | 5 | | amendatory Act of 1985.
| 6 | | In cases involving an historical pattern of recognition, | 7 | | and in cases where
the employer has recognized the union as the | 8 | | sole and exclusive bargaining
agent for a specified existing | 9 | | unit, the Board shall find the employees
in the unit then | 10 | | represented by the union pursuant to the recognition to
be the | 11 | | appropriate unit.
| 12 | | Notwithstanding the above factors, where the majority of | 13 | | public employees
of a craft so decide, the Board shall | 14 | | designate such craft as a unit
appropriate for the purposes of | 15 | | collective bargaining.
| 16 | | The Board shall not decide that any unit is appropriate if | 17 | | such unit
includes both professional and nonprofessional | 18 | | employees, unless a majority
of each group votes for inclusion | 19 | | in such unit.
| 20 | | (c) Nothing in this Act shall interfere with or negate the | 21 | | current
representation rights or patterns and practices of | 22 | | labor organizations
which have historically represented public | 23 | | employees for the purpose of
collective bargaining, including | 24 | | but not limited to the negotiations of
wages, hours and working | 25 | | conditions, discussions of employees' grievances,
resolution | 26 | | of jurisdictional disputes, or the establishment and |
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| 1 | | maintenance
of prevailing wage rates, unless a majority of | 2 | | employees so represented
express a contrary desire pursuant to | 3 | | the procedures set forth in this Act.
| 4 | | (d) In instances where the employer does not voluntarily | 5 | | recognize a labor
organization as the exclusive bargaining | 6 | | representative for a unit of
employees, the Board shall | 7 | | determine the majority representative of the
public employees | 8 | | in an appropriate collective bargaining unit by conducting
a | 9 | | secret ballot election, except as otherwise provided in | 10 | | subsection (a-5).
Within 7 days after the Board issues its
| 11 | | bargaining unit determination and direction of election or the | 12 | | execution of
a stipulation for the purpose of a consent | 13 | | election, the public employer
shall submit to the labor | 14 | | organization the complete names and addresses of
those | 15 | | employees who are determined by the Board to be eligible to
| 16 | | participate in the election. When the Board has determined that | 17 | | a labor
organization has been fairly and freely chosen by a | 18 | | majority of employees
in an appropriate unit, it shall certify | 19 | | such organization as the exclusive
representative. If the Board | 20 | | determines that a majority of employees in an
appropriate unit | 21 | | has fairly and freely chosen not to be represented by a
labor | 22 | | organization, it shall so certify. The Board may also revoke | 23 | | the
certification of the public employee organizations as | 24 | | exclusive bargaining
representatives which have been found by a | 25 | | secret ballot election to be no
longer the majority | 26 | | representative.
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| 1 | | (e) The Board shall not conduct an election in any | 2 | | bargaining unit or
any subdivision thereof within which a valid | 3 | | election has been held in the
preceding 12-month period. The | 4 | | Board shall determine who is eligible to
vote in an election | 5 | | and shall establish rules governing the conduct of the
election | 6 | | or conduct affecting the results of the election. The Board | 7 | | shall
include on a ballot in a representation election a choice | 8 | | of "no
representation". A labor organization currently | 9 | | representing the bargaining
unit of employees shall be placed | 10 | | on the ballot in any representation
election. In any election | 11 | | where none of the choices on the ballot receives
a majority, a | 12 | | runoff election shall be conducted between the 2 choices
| 13 | | receiving the largest number of valid votes cast in the | 14 | | election. A labor
organization which receives a majority of the | 15 | | votes cast in an election
shall be certified by the Board as | 16 | | exclusive representative of all public
employees in the unit.
| 17 | | (f) A labor
organization shall be designated as the | 18 | | exclusive representative by a
public employer, provided that | 19 | | the labor
organization represents a majority of the public | 20 | | employees in an
appropriate unit. Any employee organization | 21 | | which is designated or selected
by the majority of public | 22 | | employees, in a unit of the public employer
having no other | 23 | | recognized or certified representative, as their
| 24 | | representative for purposes of collective bargaining may | 25 | | request
recognition by the public employer in writing. The | 26 | | public employer shall
post such request for a period of at |
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| 1 | | least 20 days following its receipt
thereof on bulletin boards | 2 | | or other places used or reserved for employee
notices.
| 3 | | (g) Within the 20-day period any other interested employee | 4 | | organization
may petition the Board in the manner specified by | 5 | | rules and regulations
of the Board, provided that such | 6 | | interested employee organization has been
designated by at | 7 | | least 10% of the employees in an appropriate bargaining
unit | 8 | | which includes all or some of the employees in the unit | 9 | | recognized
by the employer. In such event, the Board shall | 10 | | proceed with the petition
in the same manner as provided by | 11 | | paragraph (1) of subsection (a) of this
Section.
| 12 | | (h) No election shall be directed by the Board in any | 13 | | bargaining unit
where there is in force a valid collective | 14 | | bargaining agreement or, except in the case of fire fighter | 15 | | units, after an interest arbitrator has been appointed pursuant | 16 | | to the impasse resolution procedures in Section 14 of this Act . | 17 | | The Board,
however, may process an election petition filed | 18 | | between 90 and 60 days prior
to the expiration of the date of | 19 | | an agreement, and may further refine, by
rule or decision, the | 20 | | implementation of this provision.
Where more than 4 years have | 21 | | elapsed since the effective date of the agreement,
the | 22 | | agreement shall continue to bar an election, except that the | 23 | | Board may
process an election petition filed between 90 and 60 | 24 | | days prior to the end of
the fifth year of such an agreement, | 25 | | and between 90 and 60 days prior to the
end of each successive | 26 | | year of such agreement.
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| 1 | | (i) An order of the Board dismissing a representation | 2 | | petition,
determining and certifying that a labor organization | 3 | | has been fairly and
freely chosen by a majority of employees in | 4 | | an appropriate bargaining unit,
determining and certifying | 5 | | that a labor organization has not been fairly
and freely chosen | 6 | | by a majority of employees in the bargaining unit or
certifying | 7 | | a labor organization as the exclusive representative of
| 8 | | employees in an appropriate bargaining unit because of a | 9 | | determination by
the Board that the labor organization is the | 10 | | historical bargaining
representative of employees in the | 11 | | bargaining unit, is a final order. Any
person aggrieved by any | 12 | | such order issued on or after the effective date of
this | 13 | | amendatory Act of 1987 may apply for and obtain judicial review | 14 | | in
accordance with provisions of the Administrative Review Law, | 15 | | as now or
hereafter amended, except that such review shall be | 16 | | afforded directly in
the Appellate Court for the district in | 17 | | which the aggrieved party resides
or transacts business.
Any | 18 | | direct appeal to the Appellate Court shall be filed within 35 | 19 | | days from
the date that a copy of the decision sought to be | 20 | | reviewed was served upon the
party affected by the decision.
| 21 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| 22 | | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| 23 | | Sec. 14. Security Employee, Peace Officer and Fire Fighter | 24 | | Disputes.
| 25 | | (a) In the case of collective bargaining agreements |
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| 1 | | involving units of
security employees of a public employer, | 2 | | Peace Officer Units, or units of
fire fighters or paramedics, | 3 | | and in the case of disputes under Section 18,
unless the | 4 | | parties mutually agree to some other time limit, mediation
| 5 | | shall commence 30 days prior to the expiration date of such | 6 | | agreement or
at such later time as the mediation services | 7 | | chosen under subsection (b) of
Section 12 can be provided to | 8 | | the parties. In the case of negotiations
for an initial | 9 | | collective bargaining agreement, mediation shall commence
upon | 10 | | 15 days notice from either party or at such later time as the
| 11 | | mediation services chosen pursuant to subsection (b) of Section | 12 | | 12 can be
provided to the parties. In mediation under this | 13 | | Section, if either party
requests the use of mediation services | 14 | | from the Federal Mediation and
Conciliation Service, the other | 15 | | party shall either join in such request or
bear the additional | 16 | | cost of mediation services from another source. The
mediator | 17 | | shall have a duty to keep the Board informed on the progress of
| 18 | | the mediation. If any dispute has not been resolved within 15 | 19 | | days after
the first meeting of the parties and the mediator, | 20 | | or within such other
time limit as may be mutually agreed upon | 21 | | by the parties, either the
exclusive representative or employer | 22 | | may request of the other, in writing,
arbitration, and shall | 23 | | submit a copy of the request to the Board.
| 24 | | (b) Within 10 days after such a request for arbitration has | 25 | | been
made, the employer shall choose a delegate and
the | 26 | | employees' exclusive representative shall choose a delegate to |
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| 1 | | a panel
of arbitration as provided in this Section. The | 2 | | employer and employees
shall forthwith advise the other and the | 3 | | Board of their selections.
| 4 | | (c) Within 7 days after the request of either party, the | 5 | | parties shall request a panel of impartial arbitrators from | 6 | | which they shall select the neutral chairman according to the | 7 | | procedures provided in this Section. If the parties have agreed | 8 | | to a contract that contains a grievance resolution procedure as | 9 | | provided in Section 8, the chairman shall be selected using | 10 | | their agreed contract procedure unless they mutually agree to | 11 | | another procedure. If the parties fail to notify the Board of | 12 | | their selection of neutral chairman within 7 days after receipt | 13 | | of the list of impartial arbitrators, the Board shall appoint, | 14 | | at random, a neutral chairman from the list. In the absence of | 15 | | an agreed contract procedure for selecting an impartial | 16 | | arbitrator, either party may request a panel from the Board. | 17 | | Notwithstanding the preceding paragraph in this subsection | 18 | | (c), for peace officer units and security employee units only, | 19 | | within 7 calendar days after the request by either party to | 20 | | proceed to arbitration, the parties shall request from the | 21 | | Board a panel of arbitrators from which the parties shall | 22 | | select the neutral chairman, unless the parties have mutually | 23 | | agreed upon an arbitrator or have negotiated a contract | 24 | | procedure for selecting an impartial interest arbitrator. | 25 | | Within 7 days of the request of either party, the Board | 26 | | shall select
from the Public Employees Labor Mediation Roster 7 |
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| 1 | | persons who are on the
labor arbitration panels of either the | 2 | | American Arbitration Association or
the Federal Mediation and | 3 | | Conciliation Service, or who are members of the
National | 4 | | Academy of Arbitrators, as nominees for
impartial arbitrator of | 5 | | the arbitration panel. The parties may select an
individual on | 6 | | the list provided by the Board or any other individual
mutually | 7 | | agreed upon by the parties. Within 7 days following the receipt
| 8 | | of the list, the parties shall notify the Board of the person | 9 | | they have
selected. Unless the parties agree on an alternate | 10 | | selection procedure,
they shall alternatively strike one name | 11 | | from the list provided by the
Board until only one name | 12 | | remains. A coin toss shall determine which party
shall strike | 13 | | the first name. If both the parties fail to notify the Board in | 14 | | a
timely manner of their selection for neutral chairman, the | 15 | | Board shall
appoint a neutral chairman from the Illinois Public | 16 | | Employees
Mediation/Arbitration Roster. If, however, the | 17 | | failure to notify the Board of a mutual selection for the | 18 | | neutral chairman is due to one party's failure to timely | 19 | | participate in the selection process, the party who was | 20 | | prepared to participate in a timely selection may notify the | 21 | | Board of its willingness to select an arbitrator from the | 22 | | panel. Under such circumstances, the Board, after waiting 7 | 23 | | days after the receipt of the panel by the non-participating | 24 | | party, shall appoint as the neutral chairman the arbitrator | 25 | | from the panel chosen solely by the party who was prepared to | 26 | | participate in a timely selection.
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| 1 | | (d) The chairman shall call a hearing to begin within 15 | 2 | | days and give
reasonable notice of the time and place of the | 3 | | hearing. The hearing
shall be held at the offices of the Board | 4 | | or at such other location as the
Board deems appropriate. The | 5 | | chairman shall preside over the hearing and
shall take | 6 | | testimony. Any oral or documentary evidence and other data
| 7 | | deemed relevant by the arbitration panel may be received in | 8 | | evidence. The
proceedings shall be informal. Technical rules of | 9 | | evidence shall not apply
and the competency of the evidence | 10 | | shall not thereby be deemed impaired. A
verbatim record of the | 11 | | proceedings shall be made and the arbitrator shall
arrange for | 12 | | the necessary recording service. Transcripts may be ordered at
| 13 | | the expense of the party ordering them, but the transcripts | 14 | | shall not be
necessary for a decision by the arbitration panel. | 15 | | The expense of the
proceedings, including a fee for the | 16 | | chairman, shall be borne equally by each of the parties to the | 17 | | dispute.
The delegates, if public officers or employees, shall | 18 | | continue on the
payroll of the public employer without loss of | 19 | | pay. The hearing conducted
by the arbitration panel may be | 20 | | adjourned from time to time, but unless
otherwise agreed by the | 21 | | parties, shall be concluded within 30 days of the
time of its | 22 | | commencement. Majority actions and rulings shall constitute
| 23 | | the actions and rulings of the arbitration panel. Arbitration | 24 | | proceedings
under this Section shall not be interrupted or | 25 | | terminated by reason of any
unfair labor practice charge filed | 26 | | by either party at any time.
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| 1 | | (e) The arbitration panel may administer oaths, require the | 2 | | attendance
of witnesses, and the production of such books, | 3 | | papers, contracts, agreements
and documents as may be deemed by | 4 | | it material to a just determination of
the issues in dispute, | 5 | | and for such purpose may issue subpoenas. If any
person refuses | 6 | | to obey a subpoena, or refuses to be sworn or to testify,
or if | 7 | | any witness, party or attorney is guilty of any contempt while | 8 | | in
attendance at any hearing, the arbitration panel may, or the | 9 | | attorney general
if requested shall, invoke the aid of any | 10 | | circuit court within the jurisdiction
in which the hearing is | 11 | | being held, which court shall issue an appropriate
order. Any | 12 | | failure to obey the order may be punished by the court as | 13 | | contempt.
| 14 | | (f) At any time before the rendering of an award, the | 15 | | chairman of the
arbitration panel, if he is of the opinion that | 16 | | it would be useful or
beneficial to do so, may remand the | 17 | | dispute to the parties for further
collective bargaining for a | 18 | | period not to exceed 2 weeks. If the dispute
is remanded for | 19 | | further collective bargaining the time provisions of this
Act | 20 | | shall be extended for a time period equal to that of the | 21 | | remand. The
chairman of the panel of arbitration shall notify | 22 | | the Board of the remand.
| 23 | | (g) At or before the conclusion of the hearing held | 24 | | pursuant to subsection
(d), the arbitration panel shall | 25 | | identify the economic issues in dispute,
and direct each of the | 26 | | parties to submit, within such time limit as the
panel shall |
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| 1 | | prescribe, to the arbitration panel and to each other its last
| 2 | | offer of settlement on each economic issue. The determination | 3 | | of the
arbitration panel as to the issues in dispute and as to | 4 | | which of these
issues are economic shall be conclusive. The | 5 | | arbitration panel, within 30
days after the conclusion of the | 6 | | hearing, or such further additional
periods to which the | 7 | | parties may agree, shall make written findings of fact
and | 8 | | promulgate a written opinion and shall mail or otherwise | 9 | | deliver a true
copy thereof to the parties and their | 10 | | representatives and to the Board. As
to each economic issue, | 11 | | the arbitration panel shall adopt the last offer of
settlement | 12 | | which, in the opinion of the arbitration panel, more nearly
| 13 | | complies with the applicable factors prescribed in subsection | 14 | | (h). The
findings, opinions and order as to all other issues | 15 | | shall be based upon the
applicable factors prescribed in | 16 | | subsection (h).
| 17 | | (h) Where there is no agreement between the parties, or | 18 | | where there is
an agreement but the parties have begun | 19 | | negotiations or discussions looking
to a new agreement or | 20 | | amendment of the existing agreement, and wage rates
or other | 21 | | conditions of employment under the proposed new or amended | 22 | | agreement
are in dispute, the arbitration panel shall base its | 23 | | findings, opinions
and order upon the following factors, as | 24 | | applicable:
| 25 | | (1) The lawful authority of the employer.
| 26 | | (2) Stipulations of the parties.
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| 1 | | (3) The interests and welfare of the public and the | 2 | | financial ability
of the unit of government to meet those | 3 | | costs.
| 4 | | (4) Comparison of the wages, hours and conditions of | 5 | | employment of the
employees involved in the arbitration | 6 | | proceeding with the wages, hours and
conditions of | 7 | | employment of other employees performing similar services
| 8 | | and with other employees generally:
| 9 | | (A) In public employment in comparable | 10 | | communities.
| 11 | | (B) In private employment in comparable | 12 | | communities.
| 13 | | (5) The average consumer prices for goods and services, | 14 | | commonly known
as the cost of living.
| 15 | | (6) The overall compensation presently received by the | 16 | | employees,
including
direct wage compensation, vacations, | 17 | | holidays and other excused time, insurance
and pensions, | 18 | | medical and hospitalization benefits, the continuity and
| 19 | | stability of employment and all other benefits received.
| 20 | | (7) Changes in any of the foregoing circumstances | 21 | | during the pendency
of the arbitration proceedings.
| 22 | | (8) Such other factors, not confined to the foregoing, | 23 | | which are normally
or traditionally taken into | 24 | | consideration in the determination of wages,
hours and | 25 | | conditions of employment through voluntary collective | 26 | | bargaining,
mediation, fact-finding, arbitration or |
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| 1 | | otherwise between the parties, in
the public service or in | 2 | | private employment.
| 3 | | (i) In the case of peace officers, the arbitration decision | 4 | | shall be
limited to wages, hours, and conditions of employment | 5 | | (which may include
residency requirements in municipalities | 6 | | with a population under 1,000,000, but
those residency | 7 | | requirements shall not allow residency outside of Illinois)
and | 8 | | shall not include
the following: i) residency requirements in | 9 | | municipalities with a population
of at least 1,000,000; ii) the | 10 | | type of equipment, other
than uniforms, issued or used; iii) | 11 | | manning; iv) the total number of
employees employed by the | 12 | | department; v) mutual aid and assistance
agreements to other | 13 | | units of government; and vi) the criterion pursuant to
which | 14 | | force, including deadly force, can be used; provided, nothing | 15 | | herein
shall preclude an arbitration decision regarding | 16 | | equipment or manning
levels if such decision is based on a | 17 | | finding that the equipment or manning
considerations in a | 18 | | specific work assignment involve a serious risk to the
safety | 19 | | of a peace officer beyond that which is inherent in the normal
| 20 | | performance of police duties. Limitation of the terms of the | 21 | | arbitration
decision pursuant to this subsection shall not be | 22 | | construed to limit the
factors upon which the decision may be | 23 | | based, as set forth in subsection (h).
| 24 | | In the case of fire fighter, and fire department or fire | 25 | | district paramedic
matters, the arbitration decision shall be | 26 | | limited to wages, hours, and
conditions of employment (which |
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| 1 | | may include residency requirements in
municipalities with a | 2 | | population under 1,000,000, but those residency
requirements | 3 | | shall not allow residency outside of Illinois) and shall not
| 4 | | include the
following matters: i) residency requirements in | 5 | | municipalities with a
population of at least 1,000,000; ii) the | 6 | | type of equipment (other than
uniforms and fire fighter turnout | 7 | | gear) issued or used; iii) the total
number of employees | 8 | | employed by the department; iv) mutual aid and
assistance | 9 | | agreements to other units of government; and v) the criterion
| 10 | | pursuant to which force, including deadly force, can be used; | 11 | | provided,
however, nothing herein shall preclude an | 12 | | arbitration decision regarding
equipment levels if such | 13 | | decision is based on a finding that the equipment
| 14 | | considerations in a specific work assignment involve a serious | 15 | | risk to the
safety of a fire fighter beyond that which is | 16 | | inherent in the normal
performance of fire fighter duties. | 17 | | Limitation of the terms of the
arbitration decision pursuant to | 18 | | this subsection shall not be construed to
limit the facts upon | 19 | | which the decision may be based, as set forth in
subsection | 20 | | (h).
| 21 | | The changes to this subsection (i) made by Public Act | 22 | | 90-385 (relating to residency requirements) do not
apply to | 23 | | persons who are employed by a combined department that performs | 24 | | both
police and firefighting services; these persons shall be | 25 | | governed by the
provisions of this subsection (i) relating to | 26 | | peace officers, as they existed
before the amendment by Public |
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| 1 | | Act 90-385.
| 2 | | To preserve historical bargaining rights, this subsection | 3 | | shall not apply
to any provision of a fire fighter collective | 4 | | bargaining agreement in effect
and applicable on the effective | 5 | | date of this Act; provided, however, nothing
herein shall | 6 | | preclude arbitration with respect to any such provision.
| 7 | | (j) Arbitration procedures shall be deemed to be initiated | 8 | | by the
filing of a letter requesting mediation as required | 9 | | under subsection (a)
of this Section. The commencement of a new | 10 | | municipal fiscal year after the
initiation of arbitration | 11 | | procedures under this Act, but before the
arbitration decision, | 12 | | or its enforcement, shall not be deemed to render a
dispute | 13 | | moot, or to otherwise impair the jurisdiction or authority of | 14 | | the
arbitration panel or its decision. Increases in rates
of | 15 | | compensation awarded by the arbitration panel may be effective | 16 | | only at
the start of the fiscal year next commencing after the | 17 | | date of the arbitration
award. If a new fiscal year has | 18 | | commenced either since the initiation of
arbitration | 19 | | procedures under this Act or since any mutually agreed
| 20 | | extension of the statutorily required period of mediation
under | 21 | | this Act by the parties to the labor dispute causing a
delay in | 22 | | the initiation of arbitration, the foregoing limitations shall | 23 | | be
inapplicable, and such awarded increases may be retroactive | 24 | | to the
commencement of the fiscal year, any other statute or | 25 | | charter provisions to
the contrary, notwithstanding. At any | 26 | | time the parties, by stipulation, may
amend or modify an award |
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| 1 | | of arbitration.
| 2 | | (k) Orders of the arbitration panel shall be reviewable, | 3 | | upon
appropriate petition by either the public employer or the | 4 | | exclusive
bargaining representative, by the circuit court for | 5 | | the county in which the
dispute arose or in which a majority of | 6 | | the affected employees reside, but
only for reasons that the | 7 | | arbitration panel was without or exceeded its
statutory | 8 | | authority; the order is arbitrary, or capricious; or the order
| 9 | | was procured by fraud, collusion or other similar and unlawful | 10 | | means. Such
petitions for review must be filed with the | 11 | | appropriate circuit court
within 90 days following the issuance | 12 | | of the arbitration order. The
pendency of such proceeding for | 13 | | review shall not automatically stay the
order of the | 14 | | arbitration panel. The party against whom the final decision
of | 15 | | any such court shall be adverse, if such court finds such | 16 | | appeal or
petition to be frivolous, shall pay reasonable | 17 | | attorneys' fees and costs to
the successful party as determined | 18 | | by said court in its discretion. If said
court's decision | 19 | | affirms the award of money, such award, if retroactive,
shall | 20 | | bear interest at the rate of 12 percent per annum from the | 21 | | effective
retroactive date.
| 22 | | (l) During the pendency of proceedings before the | 23 | | arbitration panel,
existing wages, hours, and other conditions | 24 | | of employment shall not be
changed by action of either party | 25 | | without the consent of the other but a
party may so consent | 26 | | without prejudice to his rights or position under
this Act. The |
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| 1 | | proceedings are deemed to be pending before the arbitration
| 2 | | panel upon the initiation of arbitration procedures under this | 3 | | Act.
| 4 | | (m) Security officers of public employers, and Peace | 5 | | Officers, Fire
Fighters and fire department and fire protection | 6 | | district paramedics,
covered by this Section may not withhold | 7 | | services, nor may public employers
lock out or prevent such | 8 | | employees from performing services at any time.
| 9 | | (n) All of the terms decided upon by the arbitration panel | 10 | | shall be included
in an agreement to be submitted to the public | 11 | | employer's governing body
for ratification and adoption by law, | 12 | | ordinance or the equivalent
appropriate means.
| 13 | | The governing body shall review each term decided by the | 14 | | arbitration panel.
If the governing body fails to reject one or | 15 | | more terms of the
arbitration panel's decision by a 3/5 vote of | 16 | | those duly elected and
qualified members of the governing body, | 17 | | within 20 days of issuance, or
in the case of firefighters | 18 | | employed by a state university, at the next
regularly scheduled | 19 | | meeting of the governing body after issuance, such
term or | 20 | | terms shall become a part of the collective bargaining | 21 | | agreement of
the parties. If the governing body affirmatively | 22 | | rejects one or more terms
of the arbitration panel's decision, | 23 | | it must provide reasons for such
rejection with respect to each | 24 | | term so rejected, within 20 days of such
rejection and the | 25 | | parties shall return to the arbitration panel
for further | 26 | | proceedings and issuance of a supplemental decision with |
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| 1 | | respect
to the rejected terms. Any supplemental decision by an | 2 | | arbitration panel
or other decision maker agreed to by the | 3 | | parties shall be submitted to
the governing body for | 4 | | ratification and adoption in accordance with the
procedures and | 5 | | voting requirements set forth in this Section.
The voting | 6 | | requirements of this subsection shall apply to all disputes
| 7 | | submitted to arbitration pursuant to this Section | 8 | | notwithstanding any
contrary voting requirements contained in | 9 | | any existing collective
bargaining agreement between the | 10 | | parties.
| 11 | | (o) If the governing body of the employer votes to reject | 12 | | the panel's
decision, the parties shall return to the panel | 13 | | within 30 days from the
issuance of the reasons for rejection | 14 | | for further proceedings and issuance
of a supplemental | 15 | | decision. All reasonable costs of such supplemental
proceeding | 16 | | including the exclusive representative's reasonable attorney's
| 17 | | fees, as established by the Board, shall be paid by the | 18 | | employer.
| 19 | | (p) Notwithstanding the provisions of this Section the | 20 | | employer and
exclusive representative may agree to submit | 21 | | unresolved disputes concerning
wages, hours, terms and | 22 | | conditions of employment to an alternative form of
impasse | 23 | | resolution.
| 24 | | (Source: P.A. 98-535, eff. 1-1-14.)
| 25 | | Section 10. The Minimum Wage Law is amended by changing |
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| 1 | | Section 4a as follows:
| 2 | | (820 ILCS 105/4a) (from Ch. 48, par. 1004a)
| 3 | | Sec. 4a. (1) Except as otherwise provided in this Section, | 4 | | no employer
shall employ any of his employees for a workweek of | 5 | | more than 40 hours
unless such employee receives compensation | 6 | | for his employment in excess of
the hours above specified at a | 7 | | rate not less than 1 1/2 times the regular
rate at which he is | 8 | | employed.
| 9 | | (2) The provisions of subsection (1) of this Section are | 10 | | not applicable to:
| 11 | | A. Any salesman or mechanic primarily engaged in | 12 | | selling or servicing
automobiles, trucks or farm | 13 | | implements, if he is employed by a nonmanufacturing
| 14 | | establishment primarily engaged in the business of selling | 15 | | such vehicles
or implements to ultimate purchasers.
| 16 | | B. Any salesman primarily engaged in selling trailers, | 17 | | boats, or aircraft,
if he is employed by a nonmanufacturing | 18 | | establishment primarily engaged
in the business of selling | 19 | | trailers, boats, or aircraft to ultimate purchasers.
| 20 | | C. Any employer of agricultural labor, with respect to | 21 | | such
agricultural employment.
| 22 | | D. Any employee of a governmental body excluded from | 23 | | the definition of "employee" under paragraph (e)(2)(C) of | 24 | | Section 3 of the Federal Fair Labor Standards Act of 1938.
| 25 | | E. Any employee employed in a bona fide executive, |
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| 1 | | administrative or
professional capacity, including any | 2 | | radio or television announcer, news
editor, or chief | 3 | | engineer, as defined by or covered by the Federal Fair
| 4 | | Labor Standards Act
of 1938 and the rules adopted under
| 5 | | that Act, as both exist on March 30, 2003, but compensated
| 6 | | at the amount of salary specified in subsections (a) and
| 7 | | (b) of Section 541.600 of Title 29 of the Code of Federal
| 8 | | Regulations as proposed in the Federal Register on March
| 9 | | 31, 2003 or a greater amount of salary as may be adopted by
| 10 | | the United States Department of Labor. For bona fide | 11 | | executive,
administrative, and professional employees of | 12 | | not-for-profit corporations,
the Director may, by | 13 | | regulation, adopt a weekly wage rate standard lower
than | 14 | | that provided for executive, administrative, and | 15 | | professional
employees covered under the Fair Labor | 16 | | Standards Act of 1938, as now or
hereafter amended.
| 17 | | F. Any commissioned employee as described in paragraph | 18 | | (i) of Section
7 of the Federal Fair Labor Standards Act of | 19 | | 1938 and rules and regulations
promulgated thereunder, as | 20 | | now or hereafter amended.
| 21 | | G. Any employment of an employee in the stead of | 22 | | another employee of the
same employer pursuant to a | 23 | | worktime exchange agreement between employees.
| 24 | | H. Any employee of a not-for-profit educational or | 25 | | residential child care
institution who (a) on a daily basis | 26 | | is directly involved in educating or
caring for children |
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| 1 | | who (1) are orphans, foster children, abused,
neglected or | 2 | | abandoned children, or are otherwise homeless children
and | 3 | | (2) reside in residential facilities of the institution and | 4 | | (b) is
compensated at an annual rate of not less than | 5 | | $13,000 or, if the employee
resides in such facilities and | 6 | | receives without cost board and lodging from
such | 7 | | institution, not less than $10,000.
| 8 | | I. Any employee employed as a crew member of any | 9 | | uninspected towing
vessel, as defined by Section 2101(40) | 10 | | of Title 46 of the United States Code,
operating in any | 11 | | navigable waters in or along the boundaries of the State of
| 12 | | Illinois.
| 13 | | J. Any employee who is a member of a bargaining unit | 14 | | recognized by the Illinois Labor Relations Board and whose | 15 | | union has contractually agreed to an alternate shift | 16 | | schedule as allowed by subsection (b) of Section 7 of the | 17 | | Fair Labor Standards Act of 1938. | 18 | | (3) Any employer may employ any employee for a period or | 19 | | periods of not
more than 10 hours in the aggregate in any | 20 | | workweek in excess of the maximum
hours specified in subsection | 21 | | (1) of this Section without paying the
compensation for | 22 | | overtime employment prescribed in subsection (1) if during
that | 23 | | period or periods the employee is receiving remedial education | 24 | | that:
| 25 | | (a) is provided to employees who lack a high school | 26 | | diploma or educational
attainment at the eighth grade |
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| 1 | | level;
| 2 | | (b) is designed to provide reading and other basic | 3 | | skills at an eighth
grade level or below; and
| 4 | | (c) does not include job specific training. | 5 | | (4) A governmental body is not in violation of subsection | 6 | | (1) if the governmental body provides compensatory time | 7 | | pursuant to paragraph (o) of Section 7 of the Federal Fair | 8 | | Labor Standards Act of 1938, as now or hereafter amended, or is | 9 | | engaged in fire protection or law enforcement activities and | 10 | | meets the requirements of paragraph (k) of Section 7 or | 11 | | paragraph (b)(20) of Section 13 of the Federal Fair Labor | 12 | | Standards Act of 1938, as now or hereafter amended.
| 13 | | (Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04 .)".
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