Sen. Andy Manar

Filed: 5/24/2016





09900HB1380sam001LRB099 06009 RJF 49119 a


2    AMENDMENT NO. ______. Amend House Bill 1380 by replacing
3everything after the enacting clause with the following:
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



09900HB1380sam001- 2 -LRB099 06009 RJF 49119 a

1grievance and arbitration provisions of any collective
2bargaining agreement shall be subject to the Illinois "Uniform
3Arbitration Act". The costs of such arbitration shall be borne
4equally by the employer and the employee organization.
5    Unless mutually agreed otherwise, any party to a collective
6bargaining agreement who fails to timely comply with an
7arbitration award or who, after timely demand, fails to submit
8a grievance dispute concerning the administration or
9interpretation of an agreement to arbitration shall pay to the
10prevailing party all reasonable costs of the proceeding in the
11trial and reviewing courts, including reasonable attorneys'
12fees, as determined by the court, incurred in relation to any
13action to confirm or amend an award or to compel or stay
14arbitration of a grievance in the event the final, unappealable
15decision of the reviewing courts is adverse to the
16non-compliant party. Any mutual agreements otherwise shall be a
17permissive subject of bargaining.
18(Source: P.A. 83-1012.)
19    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
20    Sec. 14. Security employee, peace officer and fire fighter
22    (a) In the case of collective bargaining agreements
23involving units of security employees of a public employer,
24Peace Officer Units, or units of fire fighters or paramedics,
25and in the case of disputes under Section 18, unless the



09900HB1380sam001- 3 -LRB099 06009 RJF 49119 a

1parties mutually agree to some other time limit, mediation
2shall commence 30 days prior to the expiration date of such
3agreement or at such later time as the mediation services
4chosen under subsection (b) of Section 12 can be provided to
5the parties. In the case of negotiations for an initial
6collective bargaining agreement, mediation shall commence upon
715 days notice from either party or at such later time as the
8mediation services chosen pursuant to subsection (b) of Section
912 can be provided to the parties. In mediation under this
10Section, if either party requests the use of mediation services
11from the Federal Mediation and Conciliation Service, the other
12party shall either join in such request or bear the additional
13cost of mediation services from another source. The mediator
14shall have a duty to keep the Board informed on the progress of
15the mediation. If any dispute has not been resolved within 15
16days after the first meeting of the parties and the mediator,
17or within such other time limit as may be mutually agreed upon
18by the parties, either the exclusive representative or employer
19may request of the other, in writing, arbitration, and shall
20submit a copy of the request to the Board.
21    (b) Within 10 days after such a request for arbitration has
22been made, the employer shall choose a delegate and the
23employees' exclusive representative shall choose a delegate to
24a panel of arbitration as provided in this Section. The
25employer and employees shall forthwith advise the other and the
26Board of their selections.



09900HB1380sam001- 4 -LRB099 06009 RJF 49119 a

1    (c) Within 7 days after the request of either party, the
2parties shall request a panel of impartial arbitrators from
3which they shall select the neutral chairman according to the
4procedures provided in this Section. If the parties have agreed
5to a contract that contains a grievance resolution procedure as
6provided in Section 8, the chairman shall be selected using
7their agreed contract procedure unless they mutually agree to
8another procedure. If the parties fail to notify the Board of
9their selection of neutral chairman within 7 days after receipt
10of the list of impartial arbitrators, the Board shall appoint,
11at random, a neutral chairman from the list. In the absence of
12an agreed contract procedure for selecting an impartial
13arbitrator, either party may request a panel from the Board.
14Within 7 days of the request of either party, the Board shall
15select from the Public Employees Labor Mediation Roster 7
16persons who are on the labor arbitration panels of either the
17American Arbitration Association or the Federal Mediation and
18Conciliation Service, or who are members of the National
19Academy of Arbitrators, as nominees for impartial arbitrator of
20the arbitration panel. The parties may select an individual on
21the list provided by the Board or any other individual mutually
22agreed upon by the parties. Within 7 days following the receipt
23of the list, the parties shall notify the Board of the person
24they have selected. Unless the parties agree on an alternate
25selection procedure, they shall alternatively strike one name
26from the list provided by the Board until only one name



09900HB1380sam001- 5 -LRB099 06009 RJF 49119 a

1remains. A coin toss shall determine which party shall strike
2the first name. If the parties fail to notify the Board in a
3timely manner of their selection for neutral chairman, the
4Board shall appoint a neutral chairman from the Illinois Public
5Employees Mediation/Arbitration Roster.
6    (d) The chairman shall call a hearing to begin within 15
7days and give reasonable notice of the time and place of the
8hearing. The hearing shall be held at the offices of the Board
9or at such other location as the Board deems appropriate. The
10chairman shall preside over the hearing and shall take
11testimony. Any oral or documentary evidence and other data
12deemed relevant by the arbitration panel may be received in
13evidence. The proceedings shall be informal. Technical rules of
14evidence shall not apply and the competency of the evidence
15shall not thereby be deemed impaired. A verbatim record of the
16proceedings shall be made and the arbitrator shall arrange for
17the necessary recording service. Transcripts may be ordered at
18the expense of the party ordering them, but the transcripts
19shall not be necessary for a decision by the arbitration panel.
20The expense of the proceedings, including a fee for the
21chairman, shall be borne equally by each of the parties to the
22dispute. The delegates, if public officers or employees, shall
23continue on the payroll of the public employer without loss of
24pay. The hearing conducted by the arbitration panel may be
25adjourned from time to time, but unless otherwise agreed by the
26parties, shall be concluded within 30 days of the time of its



09900HB1380sam001- 6 -LRB099 06009 RJF 49119 a

1commencement. Majority actions and rulings shall constitute
2the actions and rulings of the arbitration panel. Arbitration
3proceedings under this Section shall not be interrupted or
4terminated by reason of any unfair labor practice charge filed
5by either party at any time.
6    (e) The arbitration panel may administer oaths, require the
7attendance of witnesses, and the production of such books,
8papers, contracts, agreements and documents as may be deemed by
9it material to a just determination of the issues in dispute,
10and for such purpose may issue subpoenas. If any person refuses
11to obey a subpoena, or refuses to be sworn or to testify, or if
12any witness, party or attorney is guilty of any contempt while
13in attendance at any hearing, the arbitration panel may, or the
14attorney general if requested shall, invoke the aid of any
15circuit court within the jurisdiction in which the hearing is
16being held, which court shall issue an appropriate order. Any
17failure to obey the order may be punished by the court as
19    (f) At any time before the rendering of an award, the
20chairman of the arbitration panel, if he is of the opinion that
21it would be useful or beneficial to do so, may remand the
22dispute to the parties for further collective bargaining for a
23period not to exceed 2 weeks. If the dispute is remanded for
24further collective bargaining the time provisions of this Act
25shall be extended for a time period equal to that of the
26remand. The chairman of the panel of arbitration shall notify



09900HB1380sam001- 7 -LRB099 06009 RJF 49119 a

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



09900HB1380sam001- 8 -LRB099 06009 RJF 49119 a

1agreement are in dispute, the arbitration panel shall base its
2findings, opinions and order upon the following factors, as
4        (1) The lawful authority of the employer.
5        (2) Stipulations of the parties.
6        (3) The interests and welfare of the public and the
7    financial ability of the unit of government to meet those
8    costs.
9        (4) Comparison of the wages, hours and conditions of
10    employment of the employees involved in the arbitration
11    proceeding with the wages, hours and conditions of
12    employment of other employees performing similar services
13    and with other employees generally:
14            (A) In public employment in comparable
15        communities.
16            (B) In private employment in comparable
17        communities.
18        (5) The average consumer prices for goods and services,
19    commonly known as the cost of living.
20        (6) The overall compensation presently received by the
21    employees, including direct wage compensation, vacations,
22    holidays and other excused time, insurance and pensions,
23    medical and hospitalization benefits, the continuity and
24    stability of employment and all other benefits received.
25        (7) Changes in any of the foregoing circumstances
26    during the pendency of the arbitration proceedings.



09900HB1380sam001- 9 -LRB099 06009 RJF 49119 a

1        (8) Such other factors, not confined to the foregoing,
2    which are normally or traditionally taken into
3    consideration in the determination of wages, hours and
4    conditions of employment through voluntary collective
5    bargaining, mediation, fact-finding, arbitration or
6    otherwise between the parties, in the public service or in
7    private employment.
8    (i) In the case of peace officers, the arbitration decision
9shall be limited to wages, hours, and conditions of employment
10(which may include residency requirements in municipalities
11with a population under 1,000,000, but those residency
12requirements shall not allow residency outside of Illinois) and
13shall not include the following: i) residency requirements in
14municipalities with a population of at least 1,000,000; ii) the
15type of equipment, other than uniforms, issued or used; iii)
16manning; iv) the total number of employees employed by the
17department; v) mutual aid and assistance agreements to other
18units of government; and vi) the criterion pursuant to which
19force, including deadly force, can be used; provided, nothing
20herein shall preclude an arbitration decision regarding
21equipment or manning levels if such decision is based on a
22finding that the equipment or manning considerations in a
23specific work assignment involve a serious risk to the safety
24of a peace officer beyond that which is inherent in the normal
25performance of police duties. Limitation of the terms of the
26arbitration decision pursuant to this subsection shall not be



09900HB1380sam001- 10 -LRB099 06009 RJF 49119 a

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



09900HB1380sam001- 11 -LRB099 06009 RJF 49119 a

190-385 (relating to residency requirements) do not apply to
2persons who are employed by a combined department that performs
3both police and firefighting services; these persons shall be
4governed by the provisions of this subsection (i) relating to
5peace officers, as they existed before the amendment by Public
6Act 90-385.
7    To preserve historical bargaining rights, this subsection
8shall not apply to any provision of a fire fighter collective
9bargaining agreement in effect and applicable on the effective
10date of this Act; provided, however, nothing herein shall
11preclude arbitration with respect to any such provision.
12    (j) Arbitration procedures shall be deemed to be initiated
13by the filing of a letter requesting mediation as required
14under subsection (a) of this Section. The commencement of a new
15municipal fiscal year after the initiation of arbitration
16procedures under this Act, but before the arbitration decision,
17or its enforcement, shall not be deemed to render a dispute
18moot, or to otherwise impair the jurisdiction or authority of
19the arbitration panel or its decision. Increases in rates of
20compensation awarded by the arbitration panel may be effective
21only at the start of the fiscal year next commencing after the
22date of the arbitration award. If a new fiscal year has
23commenced either since the initiation of arbitration
24procedures under this Act or since any mutually agreed
25extension of the statutorily required period of mediation under
26this Act by the parties to the labor dispute causing a delay in



09900HB1380sam001- 12 -LRB099 06009 RJF 49119 a

1the initiation of arbitration, the foregoing limitations shall
2be inapplicable, and such awarded increases may be retroactive
3to the commencement of the fiscal year, any other statute or
4charter provisions to the contrary, notwithstanding. At any
5time the parties, by stipulation, may amend or modify an award
6of arbitration.
7    (k) Orders of the arbitration panel shall be reviewable,
8upon appropriate petition by either the public employer or the
9exclusive bargaining representative, by the circuit court for
10the county in which the dispute arose or in which a majority of
11the affected employees reside, but only for reasons that the
12arbitration panel was without or exceeded its statutory
13authority; the order is arbitrary, or capricious; or the order
14was procured by fraud, collusion or other similar and unlawful
15means. Such petitions for review must be filed with the
16appropriate circuit court within 90 days following the issuance
17of the arbitration order. The pendency of such proceeding for
18review shall not automatically stay the order of the
19arbitration panel. The party against whom the final decision of
20any such court shall be adverse, if such court finds such
21appeal or petition to be frivolous, shall pay reasonable
22attorneys' fees and costs to the successful party as determined
23by said court in its discretion. Unless mutually agreed
24otherwise, any party to a collective bargaining agreement who
25obtains a stay of an award issued by an arbitration panel or
26single arbitrator under the authority of this Section, or any



09900HB1380sam001- 13 -LRB099 06009 RJF 49119 a

1mutually agreed procedures, shall pay all reasonable costs of
2the proceedings in the reviewing courts, including reasonable
3attorneys' fees, as determined by the court, in the event the
4final, unappealable decision of the reviewing courts is adverse
5to that party. Any mutually agreed procedures providing for
6submission of disputes to which this Section applies to an
7arbitrator other than an arbitration panel shall be a
8permissive subject of bargaining. If said court's decision
9affirms the award of money, such award, if retroactive, shall
10bear interest at the rate of 12 percent per annum from the
11effective retroactive date.
12    (l) During the pendency of proceedings before the
13arbitration panel, existing wages, hours, and other conditions
14of employment shall not be changed by action of either party
15without the consent of the other but a party may so consent
16without prejudice to his rights or position under this Act. The
17proceedings are deemed to be pending before the arbitration
18panel upon the initiation of arbitration procedures under this
20    (m) Security officers of public employers, and Peace
21Officers, Fire Fighters and fire department and fire protection
22district paramedics, covered by this Section may not withhold
23services, nor may public employers lock out or prevent such
24employees from performing services at any time.
25    (n) All of the terms decided upon by the arbitration panel
26shall be included in an agreement to be submitted to the public



09900HB1380sam001- 14 -LRB099 06009 RJF 49119 a

1employer's governing body for ratification and adoption by law,
2ordinance or the equivalent appropriate means.
3    The governing body shall review each term decided by the
4arbitration panel. If the governing body fails to reject one or
5more terms of the arbitration panel's decision by a 3/5 vote of
6those duly elected and qualified members of the governing body,
7within 20 days of issuance, or in the case of firefighters
8employed by a state university, at the next regularly scheduled
9meeting of the governing body after issuance, such term or
10terms shall become a part of the collective bargaining
11agreement of the parties. If the governing body affirmatively
12rejects one or more terms of the arbitration panel's decision,
13it must provide reasons for such rejection with respect to each
14term so rejected, within 20 days of such rejection and the
15parties shall return to the arbitration panel for further
16proceedings and issuance of a supplemental decision with
17respect to the rejected terms. Any supplemental decision by an
18arbitration panel or other decision maker agreed to by the
19parties shall be submitted to the governing body for
20ratification and adoption in accordance with the procedures and
21voting requirements set forth in this Section. The voting
22requirements of this subsection shall apply to all disputes
23submitted to arbitration pursuant to this Section
24notwithstanding any contrary voting requirements contained in
25any existing collective bargaining agreement between the



09900HB1380sam001- 15 -LRB099 06009 RJF 49119 a

1    (o) If the governing body of the employer votes to reject
2the panel's decision, the parties shall return to the panel
3within 30 days from the issuance of the reasons for rejection
4for further proceedings and issuance of a supplemental
5decision. All reasonable costs of such supplemental proceeding
6including the exclusive representative's reasonable attorney's
7fees, as established by the Board, shall be paid by the
9    (p) Notwithstanding the provisions of this Section the
10employer and exclusive representative may agree to submit
11unresolved disputes concerning wages, hours, terms and
12conditions of employment to an alternative form of impasse
14(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".