Illinois General Assembly - Full Text of HB1253
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Full Text of HB1253  100th General Assembly

HB1253ham001 100TH GENERAL ASSEMBLY

Rep. Silvana Tabares

Filed: 3/15/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1253

2    AMENDMENT NO. ______. Amend House Bill 1253 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
534-3.5 as follows:
 
6    (105 ILCS 5/34-3.5)
7    Sec. 34-3.5. Partnership agreement on advancing student
8achievement; No Child Left Behind Act of 2001.
9    (a) The General Assembly finds that the Chicago Teachers
10Union, the Chicago Board of Education, and the district's chief
11executive officer have a common responsibility beyond their
12statutory collective bargaining relationship to institute
13purposeful education reforms in the Chicago Public Schools that
14maximize the number of students in the Chicago Public Schools
15who reach or exceed proficiency with regard to State academic
16standards and assessments. The General Assembly further finds

 

 

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1that education reform in the Chicago Public Schools must be
2premised on a commitment by all stakeholders to redefine
3relationships, develop, implement, and evaluate programs, seek
4new and additional resources, improve the value of educational
5programs to students, accelerate the quality of teacher
6training, improve instructional excellence, and develop and
7implement strategies to comply with the federal No Child Left
8Behind Act of 2001 (Public Law 107-110).
9    The Chicago Board of Education and the district's chief
10executive officer shall enter into a partnership agreement with
11the Chicago Teachers Union to allow the parties to work
12together to advance the Chicago Public Schools to the next
13level of education reform. This agreement must be entered into
14and take effect within 90 days after the effective date of this
15amendatory Act of the 93rd General Assembly. As part of this
16agreement, the Chicago Teachers Union, the Chicago Board of
17Education, and the district's chief executive officer shall
18jointly file a report with the General Assembly at the end of
19each school year with respect to the nature of the reforms that
20the parties have instituted, the effect of these reforms on
21student achievement, and any other matters that the parties
22deem relevant to evaluating the effectiveness of the agreement.
23    (b) Decisions concerning matters of inherent managerial
24policy necessary to comply with the federal No Child Left
25Behind Act of 2001 (Public Law 107-110), including such areas
26of discretion or policy as the functions of the employer, the

 

 

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1standards and delivery of educational services and programs,
2the district's overall budget, the district's organizational
3structure, student assignment, school choice, and the
4selection of new employees and direction of employees, and the
5impact of these decisions on individual employees or the
6bargaining unit shall be permissive subjects of bargaining
7between the educational employer and the exclusive bargaining
8representative and are within the sole discretion of the
9educational employer to decide to bargain. This subsection (b)
10is exclusive of the parties' obligations and responsibilities
11under Section 4.5 of the Illinois Educational Labor Relations
12Act (provided that any dispute or impasse that may arise under
13this subsection (b) shall be resolved exclusively as set forth
14in subsection (b) of Section 12 of the Illinois Educational
15Labor Relations Act in lieu of a strike under Section 13 of the
16Illinois Educational Labor Relations Act).
17(Source: P.A. 93-3, eff. 4-16-03.)
 
18    Section 10. The Illinois Educational Labor Relations Act is
19amended by changing Section 12 as follows:
 
20    (115 ILCS 5/12)  (from Ch. 48, par. 1712)
21    Sec. 12. Impasse procedures.
22    (a) This subsection (a) applies only to collective
23bargaining between an educational employer that is not a public
24school district organized under Article 34 of the School Code

 

 

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1and an exclusive representative of its employees. If the
2parties engaged in collective bargaining have not reached an
3agreement by 90 days before the scheduled start of the
4forthcoming school year, the parties shall notify the Illinois
5Educational Labor Relations Board concerning the status of
6negotiations. This notice shall include a statement on whether
7mediation has been used.
8    Upon demand of either party, collective bargaining between
9the employer and an exclusive bargaining representative must
10begin within 60 days of the date of certification of the
11representative by the Board, or in the case of an existing
12exclusive bargaining representative, within 60 days of the
13receipt by a party of a demand to bargain issued by the other
14party. Once commenced, collective bargaining must continue for
15at least a 60 day period, unless a contract is entered into.
16    Except as otherwise provided in subsection (b) of this
17Section, if after a reasonable period of negotiation and within
1890 days of the scheduled start of the forth-coming school year,
19the parties engaged in collective bargaining have reached an
20impasse, either party may petition the Board to initiate
21mediation. Alternatively, the Board on its own motion may
22initiate mediation during this period. However, mediation
23shall be initiated by the Board at any time when jointly
24requested by the parties and the services of the mediators
25shall continuously be made available to the employer and to the
26exclusive bargaining representative for purposes of

 

 

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1arbitration of grievances and mediation or arbitration of
2contract disputes. If requested by the parties, the mediator
3may perform fact-finding and in so doing conduct hearings and
4make written findings and recommendations for resolution of the
5dispute. Such mediation shall be provided by the Board and
6shall be held before qualified impartial individuals. Nothing
7prohibits the use of other individuals or organizations such as
8the Federal Mediation and Conciliation Service or the American
9Arbitration Association selected by both the exclusive
10bargaining representative and the employer.
11    If the parties engaged in collective bargaining fail to
12reach an agreement within 45 days of the scheduled start of the
13forthcoming school year and have not requested mediation, the
14Illinois Educational Labor Relations Board shall invoke
15mediation.
16    Whenever mediation is initiated or invoked under this
17subsection (a), the parties may stipulate to defer selection of
18a mediator in accordance with rules adopted by the Board.
19    (a-5) This subsection (a-5) applies only to collective
20bargaining between a public school district or a combination of
21public school districts, including, but not limited to, joint
22cooperatives, that is not organized under Article 34 of the
23School Code and an exclusive representative of its employees.
24        (1) Any time 15 days after mediation has commenced,
25    either party may initiate the public posting process. The
26    mediator may initiate the public posting process at any

 

 

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1    time 15 days after mediation has commenced during the
2    mediation process. Initiation of the public posting
3    process must be filed in writing with the Board, and copies
4    must be submitted to the parties on the same day the
5    initiation is filed with the Board.
6        (2) Within 7 days after the initiation of the public
7    posting process, each party shall submit to the mediator,
8    the Board, and the other party in writing the most recent
9    offer of the party, including a cost summary of the offer.
10    Seven days after receipt of the parties' offers, the Board
11    shall make public the offers and each party's cost summary
12    dealing with those issues on which the parties have failed
13    to reach agreement by immediately posting the offers on its
14    Internet website, unless otherwise notified by the
15    mediator or jointly by the parties that agreement has been
16    reached. On the same day of publication by the Board, at a
17    minimum, the school district shall distribute notice of the
18    availability of the offers on the Board's Internet website
19    to all news media that have filed an annual request for
20    notices from the school district pursuant to Section 2.02
21    of the Open Meetings Act. The parties' offers shall remain
22    on the Board's Internet website until the parties have
23    reached and ratified an agreement.
24    (a-10) This subsection (a-10) applies only to collective
25bargaining between a public school district organized under
26Article 34 of the School Code and an exclusive representative

 

 

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1of its employees.
2        (1) For collective bargaining agreements between an
3    educational employer to which this subsection (a-10)
4    applies and an exclusive representative of its employees,
5    if the parties fail to reach an agreement after a
6    reasonable period of mediation, the dispute shall be
7    submitted to fact-finding in accordance with this
8    subsection (a-10). Either the educational employer or the
9    exclusive representative may initiate fact-finding by
10    submitting a written demand to the other party with a copy
11    of the demand submitted simultaneously to the Board.
12        (2) Within 3 days following a party's demand for
13    fact-finding, each party shall appoint one member of the
14    fact-finding panel, unless the parties agree to proceed
15    without a tri-partite panel. Following these appointments,
16    if any, the parties shall select a qualified impartial
17    individual to serve as the fact-finder and chairperson of
18    the fact-finding panel, if applicable. An individual shall
19    be considered qualified to serve as the fact-finder and
20    chairperson of the fact-finding panel, if applicable, if he
21    or she was not the same individual who was appointed as the
22    mediator and if he or she satisfies the following
23    requirements: membership in good standing with the
24    National Academy of Arbitrators, Federal Mediation and
25    Conciliation Service, or American Arbitration Association
26    for a minimum of 10 years; membership on the mediation

 

 

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1    roster for the Illinois Labor Relations Board or Illinois
2    Educational Labor Relations Board; issuance of at least 5
3    interest arbitration awards arising under the Illinois
4    Public Labor Relations Act; and participation in impasse
5    resolution processes arising under private or public
6    sector collective bargaining statutes in other states. If
7    the parties are unable to agree on a fact-finder, the
8    parties shall request a panel of fact-finders who satisfy
9    the requirements set forth in this paragraph (2) from
10    either the Federal Mediation and Conciliation Service or
11    the American Arbitration Association and shall select a
12    fact-finder from such panel in accordance with the
13    procedures established by the organization providing the
14    panel.
15        (3) The fact-finder shall have the following duties and
16    powers:
17            (A) to require the parties to submit a statement of
18        disputed issues and their positions regarding each
19        issue either jointly or separately;
20            (B) to identify disputed issues that are economic
21        in nature;
22            (C) to meet with the parties either separately or
23        in executive sessions;
24            (D) to conduct hearings and regulate the time,
25        place, course, and manner of the hearings;
26            (E) to request the Board to issue subpoenas

 

 

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1        requiring the attendance and testimony of witnesses or
2        the production of evidence;
3            (F) to administer oaths and affirmations;
4            (G) to examine witnesses and documents;
5            (H) to create a full and complete written record of
6        the hearings;
7            (I) to attempt mediation or remand a disputed issue
8        to the parties for further collective bargaining;
9            (J) to require the parties to submit final offers
10        for each disputed issue either individually or as a
11        package or as a combination of both; and
12            (K) to employ any other measures deemed
13        appropriate to resolve the impasse.
14        (4) If the dispute is not settled within 75 days after
15    the appointment of the fact-finding panel, the
16    fact-finding panel shall issue a private report to the
17    parties that contains advisory findings of fact and
18    recommended terms of settlement for all disputed issues and
19    that sets forth a rationale for each recommendation. The
20    fact-finding panel, acting by a majority of its members,
21    shall base its findings and recommendations upon the
22    following criteria as applicable:
23            (A) the lawful authority of the employer;
24            (B) the federal and State statutes or local
25        ordinances and resolutions applicable to the employer;
26            (C) prior collective bargaining agreements and the

 

 

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1        bargaining history between the parties;
2            (D) stipulations of the parties;
3            (E) the interests and welfare of the public and the
4        students and families served by the employer;
5            (F) the employer's financial ability to fund the
6        proposals based on existing available resources,
7        provided that such ability is not predicated on an
8        assumption that lines of credit or reserve funds are
9        available or that the employer may or will receive or
10        develop new sources of revenue or increase existing
11        sources of revenue;
12            (G) the impact of any economic adjustments on the
13        employer's ability to pursue its educational mission;
14            (H) the present and future general economic
15        conditions in the locality and State;
16            (I) a comparison of the wages, hours, and
17        conditions of employment of the employees involved in
18        the dispute with the wages, hours, and conditions of
19        employment of employees performing similar services in
20        public education in the 10 largest U.S. cities;
21            (J) the average consumer prices in urban areas for
22        goods and services, which is commonly known as the cost
23        of living;
24            (K) the overall compensation presently received by
25        the employees involved in the dispute, including
26        direct wage compensation; vacations, holidays, and

 

 

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1        other excused time; insurance and pensions; medical
2        and hospitalization benefits; the continuity and
3        stability of employment and all other benefits
4        received; and how each party's proposed compensation
5        structure supports the educational goals of the
6        district;
7            (L) changes in any of the circumstances listed in
8        items (A) through (K) of this paragraph (4) during the
9        fact-finding proceedings;
10            (M) the effect that any term the parties are at
11        impasse on has or may have on the overall educational
12        environment, learning conditions, and working
13        conditions with the school district; and
14            (N) the effect that any term the parties are at
15        impasse on has or may have in promoting the public
16        policy of this State.
17        (5) The fact-finding panel's recommended terms of
18    settlement shall be deemed agreed upon by the parties as
19    the final resolution of the disputed issues and
20    incorporated into the collective bargaining agreement
21    executed by the parties, unless either party tenders to the
22    other party and the chairperson of the fact-finding panel a
23    notice of rejection of the recommended terms of settlement
24    with a rationale for the rejection, within 15 days after
25    the date of issuance of the fact-finding panel's report. If
26    either party submits a notice of rejection, the chairperson

 

 

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1    of the fact-finding panel shall publish the fact-finding
2    panel's report and the notice of rejection for public
3    information by delivering a copy to all newspapers of
4    general circulation in the community with simultaneous
5    written notice to the parties.
6    (b) (Blank). If, after a period of bargaining of at least
760 days, a dispute or impasse exists between an educational
8employer whose territorial boundaries are coterminous with
9those of a city having a population in excess of 500,000 and
10the exclusive bargaining representative over a subject or
11matter set forth in Section 4.5 of this Act, the parties shall
12submit the dispute or impasse to the dispute resolution
13procedure agreed to between the parties. The procedure shall
14provide for mediation of disputes by a rotating mediation panel
15and may, at the request of either party, include the issuance
16of advisory findings of fact and recommendations.
17    (c) The costs of fact finding and mediation shall be shared
18equally between the employer and the exclusive bargaining
19agent, provided that, for purposes of mediation under this Act,
20if either party requests the use of mediation services from the
21Federal Mediation and Conciliation Service, the other party
22shall either join in such request or bear the additional cost
23of mediation services from another source. All other costs and
24expenses of complying with this Section must be borne by the
25party incurring them.
26    (c-5) If an educational employer or exclusive bargaining

 

 

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1representative refuses to participate in mediation or fact
2finding when required by this Section, the refusal shall be
3deemed a refusal to bargain in good faith.
4    (d) Nothing in this Act prevents an employer and an
5exclusive bargaining representative from mutually submitting
6to final and binding impartial arbitration unresolved issues
7concerning the terms of a new collective bargaining agreement.
8(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
9eff. 1-1-14.)
 
10    (115 ILCS 5/4.5 rep.)
11    Section 15. The Illinois Educational Labor Relations Act is
12amended by repealing Section 4.5.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".