Full Text of HB1160 102nd General Assembly
HB1160ham001 102ND GENERAL ASSEMBLY | Rep. Angelica Guerrero-Cuellar Filed: 4/16/2021
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| 1 | | AMENDMENT TO HOUSE BILL 1160
| 2 | | AMENDMENT NO. ______. Amend House Bill 1160 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Educational Labor Relations Act | 5 | | is amended by changing Section 13 as follows:
| 6 | | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 7 | | Sec. 13. Strikes.
| 8 | | (a) (Blank). Notwithstanding the existence of any other
| 9 | | provision in this Act or other law, educational employees | 10 | | employed in school
districts organized under Article 34 of the | 11 | | School Code shall not engage in
a strike at any time during the | 12 | | 18 month period that commences on the
effective date of this | 13 | | amendatory Act of 1995. An educational employee
employed in a | 14 | | school district organized
under Article 34 of the School Code | 15 | | who participates in a strike in violation
of this Section is | 16 | | subject to discipline by the employer. In addition, no
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| 1 | | educational employer organized under Article 34 of the School | 2 | | Code may pay or
cause to be paid to an educational employee who
| 3 | | participates in a strike in violation of this subsection any | 4 | | wages or other
compensation for any period during
which an | 5 | | educational employee participates in the strike, except for | 6 | | wages or
compensation earned before participation in the | 7 | | strike.
Notwithstanding the existence of any other
provision | 8 | | in this Act or other law, during the 18-month period that | 9 | | strikes are
prohibited under this subsection nothing in this | 10 | | subsection shall be construed
to require an educational | 11 | | employer to submit to a binding dispute resolution
process.
| 12 | | (b) Notwithstanding the existence of any other provision | 13 | | in this Act or any
other law, educational employees other than | 14 | | those employed in a school district
organized under Article 34 | 15 | | of the School Code and, after the expiration of the
18 month | 16 | | period that commences on the effective date of this amendatory | 17 | | Act of
1995, educational employees in a school district | 18 | | organized under Article 34 of
the School Code shall not engage | 19 | | in a strike except under the following
conditions:
| 20 | | (1) they are represented by an exclusive bargaining
| 21 | | representative;
| 22 | | (2) mediation has been used without success and, for | 23 | | educational employers and exclusive bargaining | 24 | | representatives to which subsection (a-5) of Section 12 of | 25 | | this Act applies, at least 14 days have elapsed after the | 26 | | Board has made public the parties' offers;
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| 1 | | (2.5) if fact-finding was invoked pursuant to | 2 | | subsection (a-10) of Section 12 of this Act, at least 30 | 3 | | days have elapsed after a fact-finding report has been | 4 | | released for public information; | 5 | | (2.10) (blank); for educational employees employed in | 6 | | a school district organized under Article 34 of the School | 7 | | Code, at least three-fourths of all bargaining unit | 8 | | employees who are members of the exclusive bargaining | 9 | | representative have affirmatively voted to authorize the | 10 | | strike; provided, however, that all members of the | 11 | | exclusive bargaining representative at the time of a | 12 | | strike authorization vote shall be eligible to vote;
| 13 | | (3) at least 10 days have elapsed after a notice of | 14 | | intent
to strike has been given by the exclusive | 15 | | bargaining representative to the
educational employer, the | 16 | | regional superintendent and the Illinois Educational
Labor | 17 | | Relations Board;
| 18 | | (4) the collective bargaining agreement between the | 19 | | educational employer
and educational employees, if any, | 20 | | has expired or been terminated; and
| 21 | | (5) the employer and the exclusive bargaining | 22 | | representative have not
mutually submitted the unresolved | 23 | | issues to arbitration.
| 24 | | If, however, in the opinion of an employer the strike is or | 25 | | has become a
clear and present danger to the health or safety | 26 | | of the public, the employer
may initiate
in the circuit court |
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| 1 | | of the county in which such danger exists an action for
relief | 2 | | which may include, but is not limited to, injunction. The | 3 | | court may
grant appropriate relief upon the finding that such | 4 | | clear and present danger
exists.
An unfair practice or other | 5 | | evidence of lack of clean hands by the educational
employer is | 6 | | a defense to such action. Except as provided for in this
| 7 | | paragraph, the jurisdiction of the court under this Section is | 8 | | limited by the
Labor Dispute Act.
| 9 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | 10 | | eff. 1-1-14.)
| 11 | | (115 ILCS 5/4.10 rep.) | 12 | | Section 10. The Illinois Educational Labor Relations Act | 13 | | is amended by repealing Section 4.10.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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