Full Text of HB0580 99th General Assembly
HB0580ham003 99TH GENERAL ASSEMBLY | Rep. Kenneth Dunkin Filed: 2/16/2016
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| 1 | | AMENDMENT TO HOUSE BILL 580
| 2 | | AMENDMENT NO. ______. Amend House Bill 580 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 2 and 4 and by adding Section 7.7 | 6 | | as follows:
| 7 | | (5 ILCS 315/2) (from Ch. 48, par. 1602)
| 8 | | Sec. 2. Policy. It is the public policy of the State of | 9 | | Illinois
to grant public employees full
freedom of association, | 10 | | self-organization, and designation of representatives
of their | 11 | | own choosing for the purpose of negotiating wages, hours and | 12 | | other
conditions of employment or other mutual aid or | 13 | | protection.
| 14 | | It is also the public policy of the State of Illinois to | 15 | | eliminate underutilization, and to promote advancement, of | 16 | | African Americans in State government jobs. Where skill and |
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| 1 | | ability are relatively equal and there exists an | 2 | | underutilization of an African American employee in a given | 3 | | geographical region or job category, it is the State's moral | 4 | | obligation to set aside arbitrary barriers like seniority rules | 5 | | that stand in the way of eradicating underutilization. | 6 | | It is the purpose of this Act to regulate labor relations | 7 | | between public
employers and employees, including the | 8 | | designation of employee representatives,
negotiation of wages, | 9 | | hours and other conditions of employment, and resolution
of | 10 | | disputes arising under collective bargaining agreements.
| 11 | | It is the purpose of this Act to prescribe the legitimate | 12 | | rights of both
public employees and public employers, to | 13 | | protect the public health and safety
of the citizens of | 14 | | Illinois, and to provide peaceful and orderly procedures
for | 15 | | protection of the rights of all. To prevent labor strife and to | 16 | | protect
the public health and safety of the citizens of | 17 | | Illinois,
all collective bargaining disputes involving persons | 18 | | designated by the Board
as performing essential services and | 19 | | those persons defined herein as security employees
shall be | 20 | | submitted to impartial arbitrators, who shall be authorized to
| 21 | | issue awards in order to resolve such disputes. It is the | 22 | | public policy
of the State of Illinois that where the right of | 23 | | employees to strike is
prohibited by law, it is necessary to | 24 | | afford an alternate, expeditious,
equitable and effective | 25 | | procedure for the resolution of labor disputes subject
to | 26 | | approval procedures mandated by this Act. To that end, the |
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| 1 | | provisions
for such awards shall be liberally
construed.
| 2 | | (Source: P.A. 83-1012.)
| 3 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| 4 | | (Text of Section WITH the changes made by P.A. 98-599, | 5 | | which has been held unconstitutional) | 6 | | Sec. 4. Management Rights. Employers shall not be required | 7 | | to bargain
over matters of inherent managerial policy, which | 8 | | shall include such areas
of discretion or policy as the | 9 | | functions of the employer, standards of
services,
its overall | 10 | | budget, the organizational structure and selection of new
| 11 | | employees, examination techniques
and direction of employees. | 12 | | Employers, however, shall be required to bargain
collectively | 13 | | with regard to
policy matters directly affecting wages, hours | 14 | | and terms and conditions of employment
as well as the impact | 15 | | thereon upon request by employee representatives, except as | 16 | | provided in Section 7.5.
| 17 | | To preserve the rights of employers and exclusive | 18 | | representatives which
have established collective bargaining | 19 | | relationships or negotiated collective
bargaining agreements | 20 | | prior to the effective date of this Act, employers
shall be | 21 | | required to bargain collectively with regard to any matter | 22 | | concerning
wages, hours or conditions of employment about which | 23 | | they have bargained
for and agreed to in a collective | 24 | | bargaining agreement
prior to the effective date of this Act, | 25 | | except as provided in Section 7.5.
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| 1 | | The chief judge of the judicial circuit that employs a | 2 | | public employee who
is
a court reporter, as defined in the | 3 | | Court Reporters Act, has the authority to
hire, appoint, | 4 | | promote, evaluate, discipline, and discharge court reporters
| 5 | | within that judicial circuit.
| 6 | | Nothing in this amendatory Act of the 94th General Assembly | 7 | | shall
be construed to intrude upon the judicial functions of | 8 | | any court. This
amendatory Act of the 94th General Assembly | 9 | | applies only to nonjudicial
administrative matters relating to | 10 | | the collective bargaining rights of court
reporters.
| 11 | | (Source: P.A. 98-599, eff. 6-1-14 .) | 12 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 13 | | which has been held unconstitutional) | 14 | | Sec. 4. Management Rights. Employers shall not be required | 15 | | to bargain
over matters of inherent managerial policy, which | 16 | | shall include such areas
of discretion or policy as the | 17 | | functions of the employer, standards of
services,
its overall | 18 | | budget, the organizational structure and selection of new
| 19 | | employees, examination techniques
and direction of employees. | 20 | | Employers, however, shall be required to bargain
collectively | 21 | | with regard to
policy matters directly affecting wages, hours | 22 | | and terms and conditions of employment
as well as the impact | 23 | | thereon upon request by employee representatives , except as | 24 | | provided in Section 7.7 .
| 25 | | To preserve the rights of employers and exclusive |
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| 1 | | representatives which
have established collective bargaining | 2 | | relationships or negotiated collective
bargaining agreements | 3 | | prior to the effective date of this Act, employers
shall be | 4 | | required to bargain collectively with regard to any matter | 5 | | concerning
wages, hours or conditions of employment about which | 6 | | they have bargained
for and agreed to in a collective | 7 | | bargaining agreement
prior to the effective date of this Act , | 8 | | except as provided in Section 7.7 .
| 9 | | The chief judge of the judicial circuit that employs a | 10 | | public employee who
is
a court reporter, as defined in the | 11 | | Court Reporters Act, has the authority to
hire, appoint, | 12 | | promote, evaluate, discipline, and discharge court reporters
| 13 | | within that judicial circuit.
| 14 | | Nothing in this amendatory Act of the 94th General Assembly | 15 | | shall
be construed to intrude upon the judicial functions of | 16 | | any court. This
amendatory Act of the 94th General Assembly | 17 | | applies only to nonjudicial
administrative matters relating to | 18 | | the collective bargaining rights of court
reporters.
| 19 | | (Source: P.A. 94-98, eff. 7-1-05.)
| 20 | | (5 ILCS 315/7.7 new) | 21 | | Sec. 7.7. Prohibited subjects of bargaining. | 22 | | (a) Notwithstanding any provision of this Act, an employer | 23 | | shall not be required to bargain over matters of employee | 24 | | seniority (or time in service) when consideration of seniority | 25 | | would prevent the employer from filling a vacancy by hiring or |
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| 1 | | promoting an equally qualified employee who helps reduce | 2 | | African American employee underutilization in the geographical | 3 | | region or job category where the vacancy occurred. | 4 | | (b) In case of any conflict between this Section and any | 5 | | other provisions of this Act or any other law, the provisions | 6 | | of this Section shall control.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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