Full Text of SB1229 99th General Assembly
SB1229ham002 99TH GENERAL ASSEMBLY | Rep. Mike Smiddy Filed: 5/28/2015
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| 1 | | AMENDMENT TO SENATE BILL 1229
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1229, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Public Labor Relations Act is | 6 | | amended by changing Section 7 as follows:
| 7 | | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| 8 | | Sec. 7. Duty to bargain. A public employer and the | 9 | | exclusive representative
have the authority and the duty to | 10 | | bargain collectively set forth in this
Section.
| 11 | | For the purposes of this Act, "to bargain collectively" | 12 | | means the performance
of the mutual obligation of the public | 13 | | employer or his designated
representative and the | 14 | | representative of the public employees to meet at
reasonable | 15 | | times, including meetings in advance of the budget-making | 16 | | process,
and to negotiate in good faith with respect to wages, |
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| 1 | | hours, and other
conditions
of employment, not excluded by | 2 | | Section 4 of this Act, or the negotiation
of an agreement, or | 3 | | any question arising
thereunder and the execution of a written | 4 | | contract incorporating any agreement
reached if requested by | 5 | | either party, but such obligation does not compel
either party | 6 | | to agree to a proposal or require the making of a concession.
| 7 | | The duty "to bargain collectively" shall also include an | 8 | | obligation to
negotiate over any matter with respect to wages, | 9 | | hours and other conditions
of employment, not specifically | 10 | | provided for in any other law or not specifically
in violation | 11 | | of the provisions
of any law. If any other law pertains, in | 12 | | part, to a matter affecting
the wages, hours and other | 13 | | conditions of employment, such other law shall
not be construed | 14 | | as limiting the duty "to bargain collectively" and to enter
| 15 | | into collective bargaining agreements containing clauses which | 16 | | either supplement,
implement, or relate to the effect of such | 17 | | provisions in other laws.
| 18 | | The duty "to bargain collectively" shall also include | 19 | | negotiations
as to the terms of a collective bargaining | 20 | | agreement.
The parties may, by mutual agreement, provide for | 21 | | arbitration of impasses
resulting from their inability to agree | 22 | | upon wages, hours and terms and
conditions of employment to be | 23 | | included in a collective bargaining agreement.
Such | 24 | | arbitration provisions shall be subject to the Illinois | 25 | | "Uniform Arbitration
Act" unless agreed by the parties.
| 26 | | The duty "to bargain collectively" shall also mean that no |
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| 1 | | party to a collective
bargaining contract shall terminate or | 2 | | modify such contract, unless the
party desiring such | 3 | | termination or modification:
| 4 | | (1) serves a written notice upon the other party to the | 5 | | contract of the
proposed termination or modification 60 | 6 | | days prior to the expiration date
thereof, or in the event | 7 | | such contract contains no expiration date, 60 days
prior to | 8 | | the time it is proposed to make such termination or | 9 | | modification;
| 10 | | (2) offers to meet and confer with the other party for | 11 | | the purpose of
negotiating a new contract or a contract | 12 | | containing the proposed modifications;
| 13 | | (3) notifies the Board within 30 days after such notice | 14 | | of the existence
of a dispute, provided no agreement has | 15 | | been reached by that time; and
| 16 | | (4) continues in full force and effect, without | 17 | | resorting to strike or
lockout, all the terms and | 18 | | conditions of the existing contract for a period
of 60 days | 19 | | after such notice is given to the other party or until the | 20 | | expiration
date of such contract, whichever occurs later.
| 21 | | The duties imposed upon employers, employees and labor | 22 | | organizations by
paragraphs (2), (3) and (4) shall become | 23 | | inapplicable upon an intervening
certification of the Board, | 24 | | under which the labor organization, which is
a party to the | 25 | | contract, has been superseded as or ceased to be the exclusive
| 26 | | representative
of the employees pursuant to the provisions of |
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| 1 | | subsection (a) of Section
9, and the duties so imposed shall | 2 | | not be construed as requiring either
party to discuss or agree | 3 | | to any modification of the terms and conditions
contained in a | 4 | | contract for a fixed period, if such modification is to become
| 5 | | effective before such terms and conditions can be reopened | 6 | | under the provisions
of the contract.
| 7 | | Collective bargaining for home care and home health workers | 8 | | who function as personal assistants and individual maintenance | 9 | | home health workers
under
the Home Services Program shall be | 10 | | limited to the terms and conditions of
employment
under the | 11 | | State's control, as defined in Public Act 93-204 or this | 12 | | amendatory Act of the 97th General Assembly, as applicable.
| 13 | | Collective bargaining for child and day care home providers | 14 | | under the child care assistance program shall be limited to the | 15 | | terms and conditions of employment under the State's control, | 16 | | as defined in this amendatory Act of the 94th General Assembly.
| 17 | | Notwithstanding any other provision of this Section, | 18 | | whenever collective bargaining is for the purpose of | 19 | | establishing an initial agreement following original | 20 | | certification of units with fewer than 35 employees, with | 21 | | respect to public employees other than peace officers, fire | 22 | | fighters, and security employees, the following apply: | 23 | | (1) Not later than 10 days after receiving a written | 24 | | request for collective bargaining from a labor | 25 | | organization that has been newly certified as a | 26 | | representative as defined in Section 6(c), or within such |
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| 1 | | further period as the parties agree upon, the parties shall | 2 | | meet and commence to bargain collectively and shall make | 3 | | every reasonable effort to conclude and sign a collective | 4 | | bargaining agreement. | 5 | | (2) If anytime after the expiration of the 90-day | 6 | | period beginning on the date on which bargaining is | 7 | | commenced the parties have failed to reach an agreement, | 8 | | either party may notify the Illinois Public Labor Relations | 9 | | Board of the existence of a dispute and request mediation | 10 | | in accordance with the provisions of Section 14 of this | 11 | | Act. | 12 | | (3) If after the expiration of the 30-day period | 13 | | beginning on the date on which mediation commenced, or such | 14 | | additional period as the parties may agree upon, the | 15 | | mediator is not able to bring the parties to agreement by | 16 | | conciliation, either the exclusive representative of the | 17 | | employees or the employer may request of the other, in | 18 | | writing, arbitration and shall submit a copy of the request | 19 | | to the board. Upon submission of the request for | 20 | | arbitration, the parties shall be required to participate | 21 | | in the impasse arbitration procedures set forth in Section | 22 | | 14 of this Act, except the right to strike shall not be | 23 | | considered waived pursuant to Section 17 of this Act, until | 24 | | the actual convening of the arbitration hearing. | 25 | | With respect to collective bargaining agreements, expiring | 26 | | on or after June 30, 2015 but on or before June 30, 2019, |
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| 1 | | between the State of Illinois and a unit or units of employees | 2 | | of State agencies which are not resolved by the expiration date | 3 | | of the agreement, mediation of the outstanding issues shall be | 4 | | initiated within 30 days from the expiration of the agreement | 5 | | or the effective date of this amendatory Act of the 99th | 6 | | General Assembly. Should a mediator be unable to bring the | 7 | | parties to agreement through conciliation within 30 days of the | 8 | | commencement of mediation, or such additional period as the | 9 | | parties may mutually agree on, either party may initiate the | 10 | | impasse arbitration procedures pursuant to Section 14 of this | 11 | | Act except that for the purpose of determining the jurisdiction | 12 | | or authority of the arbitration panel, arbitration procedures | 13 | | shall be deemed to have been initiated prior to the | 14 | | commencement of any fiscal year occurring after the expiration | 15 | | of the agreement. The provisions of an expired agreement shall | 16 | | be in full force and effect and conditions of employment shall | 17 | | not be changed by action of either party without the consent of | 18 | | the other until a successor agreement is adopted. The right to | 19 | | strike shall not be considered waived pursuant to Section 17 of | 20 | | this Act until the actual convening of the arbitration hearing. | 21 | | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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