Full Text of SB0916 102nd General Assembly
SB0916sam001 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 4/16/2021
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| 1 | | AMENDMENT TO SENATE BILL 916
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 916 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 9 and 10 as follows:
| 6 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| 7 | | Sec. 9. Elections; recognition.
| 8 | | (a) Whenever in accordance with such
regulations as may be | 9 | | prescribed by the Board a petition has been filed:
| 10 | | (1) by a public employee or group of public employees | 11 | | or any labor
organization acting in their behalf | 12 | | demonstrating that 30% of the public
employees in an | 13 | | appropriate unit (A) wish to be represented for the
| 14 | | purposes of collective bargaining by a labor organization | 15 | | as exclusive
representative, or (B) asserting that the | 16 | | labor organization which has been
certified or is |
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| 1 | | currently recognized by the public employer as bargaining
| 2 | | representative is no longer the representative of the | 3 | | majority of public
employees in the unit; or
| 4 | | (2) by a public employer alleging that one or more | 5 | | labor organizations
have presented to it a claim that they | 6 | | be recognized as the representative
of a majority of the | 7 | | public employees in an appropriate unit, the Board
shall | 8 | | investigate such petition, and if it has reasonable cause | 9 | | to believe
that a question of representation exists, shall | 10 | | provide for an appropriate
hearing upon due notice. Such | 11 | | hearing shall be held at the offices of
the Board or such | 12 | | other location as the Board deems appropriate.
If it finds | 13 | | upon the record of the hearing that a question of
| 14 | | representation exists, it shall direct an election in | 15 | | accordance with
subsection (d) of this Section, which | 16 | | election shall be held not later than
120 days after the | 17 | | date the petition was filed regardless of whether that
| 18 | | petition was filed before or after the effective date of | 19 | | this amendatory
Act of 1987; provided, however, the Board | 20 | | may extend the time for holding an
election by an | 21 | | additional 60 days if, upon motion by a person who has | 22 | | filed
a petition under this Section or is the subject of a | 23 | | petition filed under
this Section and is a party to such | 24 | | hearing, or upon the Board's own
motion, the Board finds | 25 | | that good cause has been shown for extending the
election | 26 | | date; provided further, that nothing in this Section shall |
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| 1 | | prohibit
the Board, in its discretion, from extending the | 2 | | time for holding an
election for so long as may be | 3 | | necessary under the circumstances, where the
purpose for | 4 | | such extension is to permit resolution by the Board of an
| 5 | | unfair labor practice charge filed by one of the parties | 6 | | to a
representational proceeding against the other based | 7 | | upon conduct which may
either affect the existence of a | 8 | | question concerning representation or have
a tendency to | 9 | | interfere with a fair and free election, where the party
| 10 | | filing the charge has not filed a request to proceed with | 11 | | the election; and
provided further that prior to the | 12 | | expiration of the total time allotted
for holding an | 13 | | election, a person who has filed a petition under this
| 14 | | Section or is the subject of a petition filed under this | 15 | | Section and is a
party to such hearing or the Board, may | 16 | | move for and obtain the entry
of an order in the circuit | 17 | | court of the county in which the majority of the
public | 18 | | employees sought to be represented by such person reside, | 19 | | such order
extending the date upon which the election | 20 | | shall be held. Such order shall
be issued by the circuit | 21 | | court only upon a judicial finding that there has
been a | 22 | | sufficient showing that there is good cause to extend the | 23 | | election
date beyond such period and shall require the | 24 | | Board to hold the
election as soon as is feasible given the | 25 | | totality of the circumstances.
Such 120 day period may be | 26 | | extended one or more times by the agreement
of all parties |
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| 1 | | to the hearing to a date certain without the necessity of
| 2 | | obtaining a court order. The showing of interest in | 3 | | support of a petition filed under paragraph (1) of this | 4 | | subsection (a) may be evidenced by electronic | 5 | | communications, and such writing or communication may be | 6 | | evidenced by the electronic signature of the employee as | 7 | | provided under Section 5-120 of the Electronic Commerce | 8 | | Security Act. The showing of interest shall be valid only | 9 | | if signed within 12 months prior to the filing of the | 10 | | petition. Nothing in this Section prohibits the waiving
of | 11 | | hearings by stipulation for the purpose of a consent | 12 | | election in conformity
with the rules and regulations of | 13 | | the Board or an election in a unit agreed
upon by the | 14 | | parties. Other interested employee organizations may | 15 | | intervene
in the proceedings in the manner and within the | 16 | | time period specified by
rules and regulations of the | 17 | | Board. Interested parties who are necessary
to the | 18 | | proceedings may also intervene in the proceedings in the | 19 | | manner and
within the time period specified by the rules | 20 | | and regulations of the Board.
| 21 | | (a-5) The Board shall designate an exclusive | 22 | | representative for purposes
of
collective bargaining when the | 23 | | representative demonstrates a showing of
majority interest by | 24 | | employees in the unit. If the parties to a dispute are
without
| 25 | | agreement on the means to ascertain the choice, if any, of | 26 | | employee
organization
as their representative, the Board shall |
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| 1 | | ascertain the employees' choice of
employee organization, on | 2 | | the basis of dues deduction authorization or other
evidence, | 3 | | or, if necessary, by conducting an election. The showing of | 4 | | interest in support of a petition filed under this subsection | 5 | | (a-5) may be evidenced by electronic communications, and such | 6 | | writing or communication may be evidenced by the electronic | 7 | | signature of the employee as provided under Section 5-120 of | 8 | | the Electronic Commerce Security Act. The showing of interest | 9 | | shall be valid only if signed within 12 months prior to the | 10 | | filing of the petition. All evidence submitted by an employee | 11 | | organization to the Board to ascertain an employee's choice of | 12 | | an employee organization is confidential and shall not be | 13 | | submitted to the employer for review. The Board shall | 14 | | ascertain the employee's choice of employee organization | 15 | | within 120 days after the filing of the majority interest | 16 | | petition; however, the Board may extend time by an additional | 17 | | 60 days, upon its own motion or upon the motion of a party to | 18 | | the proceeding. If either party provides
to the Board, before | 19 | | the designation of a representative, clear and convincing
| 20 | | evidence that the dues deduction authorizations, and other | 21 | | evidence upon which
the Board would otherwise rely to | 22 | | ascertain the employees' choice of
representative, are | 23 | | fraudulent or were obtained through coercion, the Board
shall | 24 | | promptly thereafter conduct an election. The Board shall also | 25 | | investigate
and consider a party's allegations that the dues | 26 | | deduction authorizations and
other evidence submitted in |
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| 1 | | support of a designation of representative without
an election | 2 | | were subsequently changed, altered, withdrawn, or withheld as | 3 | | a
result of employer fraud, coercion, or any other unfair | 4 | | labor practice by the
employer. If the Board determines that a | 5 | | labor organization would have had a
majority interest but for | 6 | | an employer's fraud, coercion, or unfair labor
practice, it | 7 | | shall designate the labor organization as an exclusive
| 8 | | representative without conducting an
election. If a hearing is | 9 | | necessary to resolve any issues of representation under this | 10 | | Section, the Board shall conclude its hearing process and | 11 | | issue a certification of the entire appropriate unit not later | 12 | | than 120 days after the date the petition was filed. The | 13 | | 120-day period may be extended one or more times by the | 14 | | agreement of all parties to a hearing to a date certain.
| 15 | | (a-6) A labor organization or an employer may file a unit | 16 | | clarification petition seeking to clarify an existing | 17 | | bargaining unit. The Board shall conclude its investigation, | 18 | | including any hearing process deemed necessary, and issue a | 19 | | certification of clarified unit or dismiss the petition not | 20 | | later than 120 days after the date the petition was filed. The | 21 | | 120-day period may be extended one or more times by the | 22 | | agreement of all parties to a hearing to a date certain. | 23 | | (b) The Board shall decide in each case, in order to assure | 24 | | public employees
the fullest freedom in exercising the rights | 25 | | guaranteed by this Act, a unit
appropriate for the purpose of | 26 | | collective bargaining, based upon but not
limited to such |
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| 1 | | factors as: historical pattern of recognition; community
of | 2 | | interest including employee skills and functions; degree of | 3 | | functional
integration; interchangeability and contact among | 4 | | employees; fragmentation
of employee groups; common | 5 | | supervision, wages, hours and other working
conditions of the | 6 | | employees involved; and the desires of the employees.
For | 7 | | purposes of this subsection, fragmentation shall not be the | 8 | | sole or
predominant factor used by the Board in determining an | 9 | | appropriate
bargaining unit. Except with respect to non-State | 10 | | fire fighters and
paramedics employed by fire departments and | 11 | | fire protection districts,
non-State peace officers and peace | 12 | | officers in the State
Department of State Police, a single | 13 | | bargaining unit determined by the
Board may not include both | 14 | | supervisors and nonsupervisors, except for
bargaining units in | 15 | | existence on the effective date of this Act. With
respect to | 16 | | non-State fire fighters and paramedics employed by fire
| 17 | | departments and fire protection districts, non-State peace | 18 | | officers and
peace officers in the State Department of State | 19 | | Police, a single bargaining
unit determined by the Board may | 20 | | not include both supervisors and
nonsupervisors, except for | 21 | | bargaining units in existence on the effective
date of this | 22 | | amendatory Act of 1985.
| 23 | | In cases involving an historical pattern of recognition, | 24 | | and in cases where
the employer has recognized the union as the | 25 | | sole and exclusive bargaining
agent for a specified existing | 26 | | unit, the Board shall find the employees
in the unit then |
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| 1 | | represented by the union pursuant to the recognition to
be the | 2 | | appropriate unit.
| 3 | | Notwithstanding the above factors, where the majority of | 4 | | public employees
of a craft so decide, the Board shall | 5 | | designate such craft as a unit
appropriate for the purposes of | 6 | | collective bargaining.
| 7 | | The Board shall not decide that any unit is appropriate if | 8 | | such unit
includes both professional and nonprofessional | 9 | | employees, unless a majority
of each group votes for inclusion | 10 | | in such unit.
| 11 | | (c) Nothing in this Act shall interfere with or negate the | 12 | | current
representation rights or patterns and practices of | 13 | | labor organizations
which have historically represented public | 14 | | employees for the purpose of
collective bargaining, including | 15 | | but not limited to the negotiations of
wages, hours and | 16 | | working conditions, discussions of employees' grievances,
| 17 | | resolution of jurisdictional disputes, or the establishment | 18 | | and maintenance
of prevailing wage rates, unless a majority of | 19 | | employees so represented
express a contrary desire pursuant to | 20 | | the procedures set forth in this Act.
| 21 | | (d) In instances where the employer does not voluntarily | 22 | | recognize a labor
organization as the exclusive bargaining | 23 | | representative for a unit of
employees, the Board shall | 24 | | determine the majority representative of the
public employees | 25 | | in an appropriate collective bargaining unit by conducting
a | 26 | | secret ballot election, except as otherwise provided in |
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| 1 | | subsection (a-5). Such a secret ballot election may be | 2 | | conducted electronically, using an electronic voting system, | 3 | | in addition to paper ballot voting systems.
Within 7 days | 4 | | after the Board issues its
bargaining unit determination and | 5 | | direction of election or the execution of
a stipulation for | 6 | | the purpose of a consent election, the public employer
shall | 7 | | submit to the labor organization the complete names and | 8 | | addresses of
those employees who are determined by the Board | 9 | | to be eligible to
participate in the election. When the Board | 10 | | has determined that a labor
organization has been fairly and | 11 | | freely chosen by a majority of employees
in an appropriate | 12 | | unit, it shall certify such organization as the exclusive
| 13 | | representative. If the Board determines that a majority of | 14 | | employees in an
appropriate unit has fairly and freely chosen | 15 | | not to be represented by a
labor organization, it shall so | 16 | | certify. The Board may also revoke the
certification of the | 17 | | public employee organizations as exclusive bargaining
| 18 | | representatives which have been found by a secret ballot | 19 | | election to be no
longer the majority representative.
| 20 | | (e) The Board shall not conduct an election in any | 21 | | bargaining unit or
any subdivision thereof within which a | 22 | | valid election has been held in the
preceding 12-month period. | 23 | | The Board shall determine who is eligible to
vote in an | 24 | | election and shall establish rules governing the conduct of | 25 | | the
election or conduct affecting the results of the election. | 26 | | The Board shall
include on a ballot in a representation |
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| 1 | | election a choice of "no
representation". A labor organization | 2 | | currently representing the bargaining
unit of employees shall | 3 | | be placed on the ballot in any representation
election. In any | 4 | | election where none of the choices on the ballot receives
a | 5 | | majority, a runoff election shall be conducted between the 2 | 6 | | choices
receiving the largest number of valid votes cast in | 7 | | the election. A labor
organization which receives a majority | 8 | | of the votes cast in an election
shall be certified by the | 9 | | Board as exclusive representative of all public
employees in | 10 | | the unit.
| 11 | | (f) A labor
organization shall be designated as the | 12 | | exclusive representative by a
public employer, provided that | 13 | | the labor
organization represents a majority of the public | 14 | | employees in an
appropriate unit. Any employee organization | 15 | | which is designated or selected
by the majority of public | 16 | | employees, in a unit of the public employer
having no other | 17 | | recognized or certified representative, as their
| 18 | | representative for purposes of collective bargaining may | 19 | | request
recognition by the public employer in writing. The | 20 | | public employer shall
post such request for a period of at | 21 | | least 20 days following its receipt
thereof on bulletin boards | 22 | | or other places used or reserved for employee
notices.
| 23 | | (g) Within the 20-day period any other interested employee | 24 | | organization
may petition the Board in the manner specified by | 25 | | rules and regulations
of the Board, provided that such | 26 | | interested employee organization has been
designated by at |
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| 1 | | least 10% of the employees in an appropriate bargaining
unit | 2 | | which includes all or some of the employees in the unit | 3 | | recognized
by the employer. In such event, the Board shall | 4 | | proceed with the petition
in the same manner as provided by | 5 | | paragraph (1) of subsection (a) of this
Section.
| 6 | | (h) No election shall be directed by the Board in any | 7 | | bargaining unit
where there is in force a valid collective | 8 | | bargaining agreement. The Board,
however, may process an | 9 | | election petition filed between 90 and 60 days prior
to the | 10 | | expiration of the date of an agreement, and may further | 11 | | refine, by
rule or decision, the implementation of this | 12 | | provision.
Where more than 4 years have elapsed since the | 13 | | effective date of the agreement,
the agreement shall continue | 14 | | to bar an election, except that the Board may
process an | 15 | | election petition filed between 90 and 60 days prior to the end | 16 | | of
the fifth year of such an agreement, and between 90 and 60 | 17 | | days prior to the
end of each successive year of such | 18 | | agreement.
| 19 | | (i) An order of the Board dismissing a representation | 20 | | petition,
determining and certifying that a labor organization | 21 | | has been fairly and
freely chosen by a majority of employees in | 22 | | an appropriate bargaining unit,
determining and certifying | 23 | | that a labor organization has not been fairly
and freely | 24 | | chosen by a majority of employees in the bargaining unit or
| 25 | | certifying a labor organization as the exclusive | 26 | | representative of
employees in an appropriate bargaining unit |
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| 1 | | because of a determination by
the Board that the labor | 2 | | organization is the historical bargaining
representative of | 3 | | employees in the bargaining unit, is a final order. Any
person | 4 | | aggrieved by any such order issued on or after the effective | 5 | | date of
this amendatory Act of 1987 may apply for and obtain | 6 | | judicial review in
accordance with provisions of the | 7 | | Administrative Review Law, as now or
hereafter amended, except | 8 | | that such review shall be afforded directly in
the Appellate | 9 | | Court for the district in which the aggrieved party resides
or | 10 | | transacts business.
Any direct appeal to the Appellate Court | 11 | | shall be filed within 35 days from
the date that a copy of the | 12 | | decision sought to be reviewed was served upon the
party | 13 | | affected by the decision.
| 14 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09 .)
| 15 | | (5 ILCS 315/10) (from Ch. 48, par. 1610)
| 16 | | Sec. 10. Unfair labor practices.
| 17 | | (a) It shall be an unfair labor practice
for an employer or | 18 | | its agents:
| 19 | | (1) to interfere with, restrain or coerce public | 20 | | employees in the
exercise of the rights guaranteed in this | 21 | | Act or to dominate or interfere
with the formation, | 22 | | existence or administration of any labor organization
or | 23 | | contribute financial or other support to it; provided, an | 24 | | employer shall
not be prohibited from permitting employees | 25 | | to confer with him during
working hours without loss of |
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| 1 | | time or pay;
| 2 | | (2) to discriminate in regard to hire or tenure of | 3 | | employment or any term
or condition of employment in order | 4 | | to encourage or discourage membership
in or other support | 5 | | for any labor organization. Nothing in this Act or any
| 6 | | other law precludes a public employer from making an | 7 | | agreement with a labor
organization to require as a | 8 | | condition of employment the payment of a fair
share under | 9 | | paragraph (e) of Section 6;
| 10 | | (3) to discharge or otherwise discriminate against a | 11 | | public employee because
he has signed or filed an | 12 | | affidavit, petition or charge or provided any
information | 13 | | or testimony under this Act;
| 14 | | (4) to refuse to bargain collectively in good faith | 15 | | with a labor
organization which is the exclusive | 16 | | representative of public employees in
an appropriate unit, | 17 | | including, but not limited to, the discussing of
| 18 | | grievances with the exclusive representative;
| 19 | | (5) to violate any of the rules and regulations | 20 | | established by the Board
with jurisdiction over them | 21 | | relating to the conduct of representation elections
or the | 22 | | conduct affecting the representation elections;
| 23 | | (6) to expend or cause the expenditure of public funds | 24 | | to any external
agent, individual, firm, agency, | 25 | | partnership or association in any attempt
to influence the | 26 | | outcome of representational elections held pursuant to
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| 1 | | Section 9 of this Act; provided, that nothing in this | 2 | | subsection shall be
construed to limit an employer's right | 3 | | to internally communicate with its
employees as provided | 4 | | in subsection (c) of this Section, to be represented
on | 5 | | any matter pertaining to unit determinations, unfair labor | 6 | | practice
charges or pre-election conferences in any formal | 7 | | or informal proceeding
before the Board, or to seek or | 8 | | obtain advice from legal counsel.
Nothing in this | 9 | | paragraph shall be construed to prohibit an employer from
| 10 | | expending or causing the expenditure of public funds on, | 11 | | or seeking or
obtaining services or advice from, any | 12 | | organization, group, or association
established by and | 13 | | including public or educational employers, whether
covered | 14 | | by this Act, the Illinois Educational Labor Relations Act | 15 | | or the
public employment labor relations law of any other | 16 | | state or the federal
government, provided that such | 17 | | services or advice are generally available
to the | 18 | | membership of the organization, group or association, and | 19 | | are not
offered solely in an attempt to influence the | 20 | | outcome of a particular
representational election;
| 21 | | (7) to refuse to reduce a collective bargaining | 22 | | agreement to writing
or to refuse to sign such agreement;
| 23 | | (8) to interfere with, restrain, coerce, deter, or | 24 | | discourage public employees or applicants to be public | 25 | | employees from: (i) becoming or remaining members of a | 26 | | labor organization; (ii) authorizing representation by a |
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| 1 | | labor organization; or (iii) authorizing dues or fee | 2 | | deductions to a labor organization, nor shall the employer | 3 | | intentionally permit outside third parties to use its | 4 | | email or other communication systems to engage in that | 5 | | conduct. An employer's good faith implementation of a | 6 | | policy to block the use of its email or other | 7 | | communication systems for such purposes shall be a defense | 8 | | to an unfair labor practice; or | 9 | | (9) to disclose to any person or entity information | 10 | | set forth in subsection (c-5) of Section 6 of this Act that | 11 | | the employer knows or should know will be used to | 12 | | interfere with, restrain, coerce, deter, or discourage any | 13 | | public employee from: (i) becoming or remaining members of | 14 | | a labor organization, (ii) authorizing representation by a | 15 | | labor organization, or (iii) authorizing dues or fee | 16 | | deductions to a labor organization ; or . | 17 | | (10) to promise, threaten, or take any action: (i) to | 18 | | permanently replace an employee who participates in a | 19 | | strike as provided under Section 17; (ii) to discriminate | 20 | | against an employee who is working or has unconditionally | 21 | | offered to return to work for the employer because the | 22 | | employee supported or participated in such a strike; or | 23 | | (iii) to lockout, suspend, or otherwise withhold | 24 | | employment from employees in order to influence the | 25 | | position of such employees or the representative of such | 26 | | employees in collective bargaining prior to a strike. |
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| 1 | | (b) It shall be an unfair labor practice for a labor | 2 | | organization or its agents:
| 3 | | (1) to restrain or coerce public employees in the | 4 | | exercise of the rights
guaranteed in this Act, provided, | 5 | | (i) that this paragraph shall
not impair the right of a | 6 | | labor organization to prescribe its own rules
with respect | 7 | | to the acquisition or retention of membership therein or | 8 | | the
determination of fair share payments and (ii) that a | 9 | | labor organization
or its agents shall commit an unfair | 10 | | labor practice under this paragraph in
duty of fair | 11 | | representation cases only by intentional misconduct in
| 12 | | representing employees under this Act;
| 13 | | (2) to restrain or coerce a public employer in the | 14 | | selection of his
representatives for the purposes of | 15 | | collective bargaining or the settlement
of grievances; or
| 16 | | (3) to cause, or attempt to cause, an employer to | 17 | | discriminate against
an employee in violation of | 18 | | subsection (a)(2);
| 19 | | (4) to refuse to bargain collectively in good faith | 20 | | with a public employer,
if it has been designated in | 21 | | accordance with the provisions of this Act
as the | 22 | | exclusive representative of public employees in an | 23 | | appropriate unit;
| 24 | | (5) to violate any of the rules and regulations | 25 | | established by the
boards with jurisdiction over them | 26 | | relating to the conduct of
representation elections or the |
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| 1 | | conduct affecting the representation elections;
| 2 | | (6) to discriminate against any employee because he | 3 | | has signed or filed
an affidavit, petition or charge or | 4 | | provided any information or testimony
under this Act;
| 5 | | (7) to picket or cause to be picketed, or threaten to | 6 | | picket or cause
to be picketed, any public employer where | 7 | | an object thereof is forcing or
requiring an employer to | 8 | | recognize or bargain with a labor organization
of the | 9 | | representative of its employees, or forcing or requiring | 10 | | the employees
of an employer to accept or select such | 11 | | labor organization as their collective
bargaining | 12 | | representative, unless such labor organization is | 13 | | currently
certified as the representative of such | 14 | | employees:
| 15 | | (A) where the employer has lawfully recognized in | 16 | | accordance with this
Act any labor organization and a | 17 | | question concerning representation may
not | 18 | | appropriately be raised under Section 9 of this Act;
| 19 | | (B) where within the preceding 12 months a valid | 20 | | election under Section
9 of this Act has been | 21 | | conducted; or
| 22 | | (C) where such picketing has been conducted | 23 | | without a petition under Section
9 being filed within | 24 | | a reasonable period of time not to exceed 30 days from
| 25 | | the commencement of such picketing; provided that when | 26 | | such a petition has
been filed the Board shall |
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| 1 | | forthwith, without regard to the provisions of
| 2 | | subsection (a) of Section 9 or the absence of a showing | 3 | | of a substantial
interest on the part of the labor | 4 | | organization, direct an election in such
unit as the | 5 | | Board finds to be appropriate and shall certify the | 6 | | results
thereof; provided further, that nothing in | 7 | | this subparagraph shall be construed
to prohibit any | 8 | | picketing or other publicity for the purpose of | 9 | | truthfully
advising the public that an employer does | 10 | | not employ members of, or have a
contract with, a labor | 11 | | organization unless an effect of such picketing is
to | 12 | | induce any individual employed by any other person in | 13 | | the course of his
employment, not to pick up, deliver, | 14 | | or transport any goods or not to
perform any services; | 15 | | or
| 16 | | (8) to refuse to reduce a collective bargaining | 17 | | agreement to writing
or to refuse to sign such agreement.
| 18 | | (c) The expressing of any views, argument, or opinion or | 19 | | the
dissemination thereof, whether in written, printed, | 20 | | graphic, or visual
form, shall not constitute or be evidence | 21 | | of an unfair labor practice under
any of the provisions of this | 22 | | Act, if such expression contains no threat of
reprisal or | 23 | | force or promise of benefit.
| 24 | | (d) The employer shall not discourage public employees or | 25 | | applicants to be public employees from becoming or remaining | 26 | | union members or authorizing dues deductions, and shall not |
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| 1 | | otherwise interfere with the relationship between employees | 2 | | and their exclusive bargaining representative. The employer | 3 | | shall refer all inquiries about union membership to the | 4 | | exclusive bargaining representative, except that the employer | 5 | | may communicate with employees regarding payroll processes and | 6 | | procedures. The employer will establish email policies in an | 7 | | effort to prohibit the use of its email system by outside | 8 | | sources. | 9 | | (Source: P.A. 101-620, eff. 12-20-19.)
| 10 | | Section 10. The Illinois Educational Labor Relations Act | 11 | | is amended by changing Sections 7, 8, 13, and 14 as follows:
| 12 | | (115 ILCS 5/7) (from Ch. 48, par. 1707)
| 13 | | Sec. 7. Recognition of exclusive bargaining | 14 | | representatives - unit
determination. The Board is empowered | 15 | | to administer the
recognition of bargaining representatives of | 16 | | employees of public school
districts, including employees of | 17 | | districts which have entered into joint
agreements, or | 18 | | employees of public community college districts, or any
State | 19 | | college or university, and any State agency whose major | 20 | | function is
providing educational services, making certain | 21 | | that each bargaining unit
contains employees with an | 22 | | identifiable community of interest and that no unit
includes | 23 | | both professional employees and nonprofessional employees | 24 | | unless a
majority of employees in each group vote for |
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| 1 | | inclusion in the unit.
| 2 | | (a) In determining the appropriateness of a unit, the | 3 | | Board
shall decide in each case, in order to ensure employees | 4 | | the fullest freedom
in exercising the rights guaranteed by | 5 | | this Act, the unit appropriate for
the purpose of collective | 6 | | bargaining, based upon but not limited to such
factors as | 7 | | historical pattern of recognition, community of interest, | 8 | | including
employee skills and functions, degree of functional | 9 | | integration,
interchangeability and contact among employees, | 10 | | common supervision, wages,
hours and other working conditions | 11 | | of the employees involved, and the desires
of the employees. | 12 | | Nothing in this Act, except as herein provided, shall
| 13 | | interfere with or negate the
current representation rights or | 14 | | patterns and practices of employee
organizations which have | 15 | | historically represented employees for the purposes of
| 16 | | collective bargaining, including but not limited to the | 17 | | negotiations of wages,
hours and working conditions, | 18 | | resolutions of employees' grievances, or
resolution of | 19 | | jurisdictional disputes, or the establishment and maintenance | 20 | | of
prevailing wage rates, unless a majority of the employees | 21 | | so represented
expresses a contrary desire under the | 22 | | procedures set forth in this Act. This
Section, however, does | 23 | | not prohibit multi-unit bargaining. Notwithstanding the
above | 24 | | factors, where the majority of public employees of a craft so | 25 | | decide, the
Board shall designate such craft as a unit | 26 | | appropriate for the purposes of
collective bargaining.
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| 1 | | The sole appropriate bargaining unit for tenured and | 2 | | tenure-track
academic faculty at
each campus
of
the
University | 3 | | of Illinois shall be a unit that is comprised of
| 4 | | non-supervisory academic faculty employed more than half-time | 5 | | and
that includes all tenured and tenure-track
faculty
of that | 6 | | University campus employed by the board of trustees in all of | 7 | | the campus's undergraduate, graduate, and
professional
schools | 8 | | and degree and non-degree programs
(with the exception of the | 9 | | college of medicine, the college of pharmacy,
the college of | 10 | | dentistry, the college of law, and the college of veterinary
| 11 | | medicine, each of which shall have its own separate unit), | 12 | | regardless of
current
or
historical representation rights or | 13 | | patterns or the application of any
other factors. Any | 14 | | decision, rule, or regulation promulgated by the
Board to the | 15 | | contrary shall be null and void.
| 16 | | (b) An educational employer shall voluntarily recognize a | 17 | | labor organization
for collective bargaining purposes if that | 18 | | organization appears to represent
a majority of employees in | 19 | | the unit. The employer shall post notice
of its intent to so | 20 | | recognize for a period of at least 20 school days on
bulletin | 21 | | boards or other places used or reserved for employee notices.
| 22 | | Thereafter, the employer, if satisfied as to the majority | 23 | | status of the
employee organization, shall send written | 24 | | notification of such recognition
to the Board for | 25 | | certification.
Any dispute regarding the majority status of
a | 26 | | labor organization shall be
resolved by the Board which shall |
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| 1 | | make the determination of majority
status.
| 2 | | Within the 20 day notice period, however, any other | 3 | | interested employee
organization may petition the Board to | 4 | | seek recognition as the exclusive
representative of the unit | 5 | | in the manner specified by rules and regulations
prescribed by | 6 | | the Board, if such interested employee organization has been
| 7 | | designated by at least 15% of the employees in an appropriate | 8 | | bargaining unit
which includes all or some of the employees in | 9 | | the unit intended to be
recognized by the employer. In such | 10 | | event, the Board shall proceed with the
petition in the same | 11 | | manner as provided in paragraph (c) of this Section.
| 12 | | (c) A labor organization may also gain recognition as the | 13 | | exclusive
representative by an election of the employees in | 14 | | the unit. Petitions
requesting an election may be filed with | 15 | | the Board:
| 16 | | (1) by an employee or group of employees or any labor | 17 | | organizations acting
on their behalf alleging and | 18 | | presenting evidence that 30% or more of the
employees in a | 19 | | bargaining unit wish to be represented for collective | 20 | | bargaining
or that the labor organization which has been | 21 | | acting as the exclusive
bargaining representative is no | 22 | | longer representative of a majority of the
employees in | 23 | | the unit; or
| 24 | | (2) by an employer alleging that one or more labor | 25 | | organizations have
presented a claim to be recognized as | 26 | | an exclusive bargaining representative
of a majority of |
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| 1 | | the employees in an appropriate unit and that it doubts
| 2 | | the majority status of any of the organizations or that it | 3 | | doubts the majority
status of an exclusive bargaining | 4 | | representative.
| 5 | | The Board shall investigate the petition and if it has | 6 | | reasonable cause to
suspect that a question of representation | 7 | | exists, it shall give notice and
conduct a hearing. If it finds | 8 | | upon the record of the hearing that a question
of | 9 | | representation exists, it shall direct an election, which | 10 | | shall be held no
later than 90 days after the date the petition | 11 | | was filed. The showing of interest in support of a petition | 12 | | filed under paragraph (1) of this subsection (c) may be | 13 | | evidenced by electronic communications, and such writing or | 14 | | communication may be evidenced by the electronic signature of | 15 | | the employee as provided under Section 5-120 of the Electronic | 16 | | Commerce Security Act. The showing of interest shall be valid | 17 | | only if signed within 12 months prior to the filing of the | 18 | | petition. Nothing prohibits
the waiving of hearings by the | 19 | | parties and the conduct of consent elections.
| 20 | | (c-5) The Board shall designate an exclusive | 21 | | representative for purposes
of
collective bargaining when the | 22 | | representative demonstrates a showing of
majority interest by | 23 | | employees in the unit. If the parties to a dispute are
without
| 24 | | agreement on the means to ascertain the choice, if any, of | 25 | | employee
organization as their representative, the Board shall | 26 | | ascertain the employees'
choice of
employee organization, on |
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| 1 | | the basis of dues deduction authorization or other
evidence, | 2 | | or, if necessary, by conducting an election. The showing of | 3 | | interest in support of a petition filed under this subsection | 4 | | (c-5) may be evidenced by electronic communications, and such | 5 | | writing or communication may be evidenced by the electronic | 6 | | signature of the employee as provided under Section 5-120 of | 7 | | the Electronic Commerce Security Act. The showing of interest | 8 | | shall be valid only if signed within 12 months prior to the | 9 | | filing of the petition. All evidence submitted by an employee | 10 | | organization to the Board to ascertain an employee's choice of | 11 | | an employee organization is confidential and shall not be | 12 | | submitted to the employer for review. The Board shall | 13 | | ascertain the employee's choice of employee organization | 14 | | within 120 days after the filing of the majority interest | 15 | | petition; however, the Board may extend time by an additional | 16 | | 60 days, upon its own motion or upon the motion of a party to | 17 | | the proceeding. If either party provides
to the Board, before | 18 | | the designation of a representative, clear and convincing
| 19 | | evidence that the dues deduction authorizations, and other | 20 | | evidence upon which
the Board would otherwise rely to | 21 | | ascertain the employees' choice of
representative, are | 22 | | fraudulent or were obtained through coercion, the Board
shall | 23 | | promptly thereafter conduct an election. The Board shall also | 24 | | investigate
and consider a party's allegations that the dues | 25 | | deduction authorizations and
other evidence submitted in | 26 | | support of a designation of representative without
an election |
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| 1 | | were subsequently changed, altered, withdrawn, or withheld as | 2 | | a
result of employer fraud, coercion, or any other unfair | 3 | | labor practice by the
employer. If the Board determines that a | 4 | | labor organization would have had a
majority interest but for | 5 | | an employer's fraud, coercion, or unfair labor
practice, it | 6 | | shall designate the labor organization as an exclusive
| 7 | | representative without conducting an election. If a hearing is | 8 | | necessary to resolve any issues of representation under this | 9 | | Section, the Board shall conclude its hearing process and | 10 | | issue a certification of the entire appropriate unit not later | 11 | | than 120 days after the date the petition was filed. The | 12 | | 120-day period may be extended one or more times by the | 13 | | agreement of all parties to a hearing to a date certain.
| 14 | | (c-6) A labor organization or an employer may file a unit | 15 | | clarification petition seeking to clarify an existing | 16 | | bargaining unit. The Board shall conclude its investigation, | 17 | | including any hearing process deemed necessary, and issue a | 18 | | certification of clarified unit or dismiss the petition not | 19 | | later than 120 days after the date the petition was filed. The | 20 | | 120-day period may be extended one or more times by the | 21 | | agreement of all parties to a hearing to a date certain. | 22 | | (d) An order of the Board dismissing a representation | 23 | | petition, determining
and certifying that a labor organization | 24 | | has been fairly and freely chosen by a
majority of employees in | 25 | | an appropriate bargaining unit, determining and
certifying | 26 | | that a labor organization has not been fairly and freely |
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| 1 | | chosen by a
majority of employees in the bargaining unit or | 2 | | certifying a labor organization
as the exclusive | 3 | | representative of employees in an appropriate bargaining unit
| 4 | | because of a determination by the Board that the labor | 5 | | organization is the
historical bargaining representative of | 6 | | employees in the bargaining unit,
is a final order. Any person | 7 | | aggrieved by any such order issued on or after
the effective | 8 | | date of this amendatory Act of 1987 may apply for and obtain
| 9 | | judicial review in accordance with provisions of the | 10 | | Administrative Review Law,
as now or hereafter amended, except | 11 | | that such review shall be afforded directly
in the Appellate | 12 | | Court of a judicial district in which the Board maintains an
| 13 | | office. Any direct appeal to the Appellate Court shall be | 14 | | filed within 35 days
from the date that a copy of the decision | 15 | | sought to be reviewed was served upon
the party affected by the | 16 | | decision.
| 17 | | No election may be conducted in any bargaining unit during | 18 | | the term of
a collective bargaining agreement covering such | 19 | | unit or subdivision thereof,
except the Board may direct an | 20 | | election after the filing
of a petition between January 15 and | 21 | | March 1 of the final year of a collective
bargaining | 22 | | agreement. Nothing in this Section prohibits the negotiation
| 23 | | of a collective bargaining agreement covering a period not | 24 | | exceeding 3 years.
A collective bargaining agreement of less | 25 | | than 3 years may be extended up
to 3 years by the parties if | 26 | | the extension is agreed to in writing before
the filing of a |
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| 1 | | petition under this Section. In such case, the final year
of | 2 | | the extension is the final year of the collective bargaining | 3 | | agreement.
No election may be conducted in a bargaining unit, | 4 | | or subdivision thereof,
in which a valid election has been | 5 | | held within the preceding 12 month period.
| 6 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| 7 | | (115 ILCS 5/8) (from Ch. 48, par. 1708)
| 8 | | Sec. 8. Election - certification. Elections shall be by | 9 | | secret ballot,
and conducted in accordance with rules and | 10 | | regulations established by the
Illinois Educational Labor | 11 | | Relations Board. A secret ballot election may be conducted | 12 | | electronically by an electronic voting system in addition to | 13 | | paper ballot voting systems. An incumbent exclusive bargaining
| 14 | | representative shall automatically be placed on any ballot | 15 | | with the
petitioner's
labor organization. An intervening labor | 16 | | organization may be placed on the
ballot
when supported by 15% | 17 | | or more of the employees in the bargaining unit.
The Board | 18 | | shall give at least 30 days notice of the time
and place of the | 19 | | election to the parties and, upon request, shall provide
the | 20 | | parties with a list of names and addresses of persons eligible | 21 | | to vote
in the election at least 15 days before the election. | 22 | | The ballot must include,
as one of the alternatives, the | 23 | | choice of "no representative". No mail
ballots are permitted | 24 | | except where a specific individual would otherwise
be unable | 25 | | to cast a ballot.
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| 1 | | The labor organization receiving a majority of the ballots | 2 | | cast shall be
certified by the Board as the exclusive | 3 | | bargaining representative.
If the choice of "no | 4 | | representative" receives a majority, the employer shall
not | 5 | | recognize any exclusive bargaining representative for at least | 6 | | 12 months.
If none of the choices on the ballot receives a | 7 | | majority, a run-off shall
be conducted between the 2 choices | 8 | | receiving the largest number of valid
votes cast in the | 9 | | election. The Board shall certify the
results of the election | 10 | | within 6 working days after the final tally
of votes
unless a | 11 | | charge is filed by a party alleging that improper conduct | 12 | | occurred
which
affected the outcome of the election. The Board | 13 | | shall
promptly investigate the allegations, and if it finds | 14 | | probable cause that
improper conduct occurred and could have | 15 | | affected the outcome of the election,
it shall set a hearing on | 16 | | the matter on a date falling within 2 weeks of
when it received | 17 | | the charge. If it determines, after hearing, that the outcome
| 18 | | of the election was affected by improper conduct, it shall | 19 | | order a new election
and shall order corrective action which | 20 | | it considers necessary to insure the
fairness of the new | 21 | | election. If it determines upon investigation or after
hearing | 22 | | that the alleged improper conduct did not take place or that it | 23 | | did not
affect the results of the election, it shall | 24 | | immediately certify the election
results.
| 25 | | Any labor organization that is the exclusive bargaining | 26 | | representative
in an appropriate unit on
the effective date of |
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| 1 | | this Act shall continue as such until a new one is
selected | 2 | | under this Act.
| 3 | | (Source: P.A. 92-206, eff. 1-1-02.)
| 4 | | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 5 | | Sec. 13. Strikes.
| 6 | | (a) Notwithstanding the existence of any other
provision | 7 | | in this Act or other law, educational employees employed in | 8 | | school
districts organized under Article 34 of the School Code | 9 | | shall not engage in
a strike at any time during the 18 month | 10 | | period that commences on the
effective date of this amendatory | 11 | | Act of 1995. An educational employee
employed in a school | 12 | | district organized
under Article 34 of the School Code who | 13 | | participates in a strike in violation
of this Section is | 14 | | subject to discipline by the employer. In addition, no
| 15 | | educational employer organized under Article 34 of the School | 16 | | Code may pay or
cause to be paid to an educational employee who
| 17 | | participates in a strike in violation of this subsection any | 18 | | wages or other
compensation for any period during
which an | 19 | | educational employee participates in the strike, except for | 20 | | wages or
compensation earned before participation in the | 21 | | strike.
Notwithstanding the existence of any other
provision | 22 | | in this Act or other law, during the 18-month period that | 23 | | strikes are
prohibited under this subsection nothing in this | 24 | | subsection shall be construed
to require an educational | 25 | | employer to submit to a binding dispute resolution
process.
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| 1 | | (b) Notwithstanding the existence of any other provision | 2 | | in this Act or any
other law, educational employees other than | 3 | | those employed in a school district
organized under Article 34 | 4 | | of the School Code and, after the expiration of the
18 month | 5 | | period that commences on the effective date of this amendatory | 6 | | Act of
1995, educational employees in a school district | 7 | | organized under Article 34 of
the School Code shall not engage | 8 | | in a strike except under the following
conditions:
| 9 | | (1) they are represented by an exclusive bargaining
| 10 | | representative;
| 11 | | (2) mediation has been used without success and, for | 12 | | educational employers and exclusive bargaining | 13 | | representatives to which subsection (a-5) of Section 12 of | 14 | | this Act applies, at least 14 days have elapsed after the | 15 | | Board has made public the parties' offers;
| 16 | | (2.5) if fact-finding was invoked pursuant to | 17 | | subsection (a-10) of Section 12 of this Act, at least 30 | 18 | | days have elapsed after a fact-finding report has been | 19 | | released for public information; | 20 | | (2.10) for educational employees employed in a school | 21 | | district organized under Article 34 of the School Code, at | 22 | | least three-fourths of all bargaining unit employees who | 23 | | are members of the exclusive bargaining representative | 24 | | have affirmatively voted to authorize the strike; | 25 | | provided, however, that all members of the exclusive | 26 | | bargaining representative at the time of a strike |
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| 1 | | authorization vote shall be eligible to vote;
| 2 | | (3) at least 10 days have elapsed after a notice of | 3 | | intent
to strike has been given by the exclusive | 4 | | bargaining representative to the
educational employer, the | 5 | | regional superintendent and the Illinois Educational
Labor | 6 | | Relations Board;
| 7 | | (4) the collective bargaining agreement between the | 8 | | educational employer
and educational employees, if any, | 9 | | has expired or been terminated; and
| 10 | | (5) the employer and the exclusive bargaining | 11 | | representative have not
mutually submitted the unresolved | 12 | | issues to arbitration.
| 13 | | If, however, in the opinion of an employer the strike is or | 14 | | has become a
clear and present danger to the health or safety | 15 | | of the public, the employer
may initiate
in the circuit court | 16 | | of the county in which such danger exists an action for
relief | 17 | | which may include, but is not limited to, injunction. The | 18 | | court may
grant appropriate relief upon the finding that such | 19 | | clear and present danger
exists. However, no such relief shall | 20 | | be granted unless the educational employer demonstrates an | 21 | | inability to procure temporary replacements despite its best | 22 | | efforts. Cost shall not be a factor in determining such | 23 | | inability.
An unfair practice or other evidence of lack of | 24 | | clean hands by the educational
employer is a defense to such | 25 | | action. Except as provided for in this
paragraph, the | 26 | | jurisdiction of the court under this Section is limited by the
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| 1 | | Labor Dispute Act.
| 2 | | (6) If the court orders any of the educational | 3 | | employees in the affected unit to return to work, the | 4 | | court shall require the educational employer and exclusive | 5 | | representative to participate in the impasse arbitration | 6 | | procedures set forth in this paragraph (6). The court | 7 | | shall also require the educational employer to provide | 8 | | educational employees ordered to return to work with an | 9 | | hourly wage, exclusive of benefits or other pay, | 10 | | equivalent to those the educational employer is paying any | 11 | | temporary replacement employees in connection with the | 12 | | work stoppage, provided that such hourly wage rate for any | 13 | | temporary replacement employee exceeds the educational | 14 | | employee's regular hourly wage rate. The court shall | 15 | | determine for which employees such procedures in this | 16 | | paragraph (6) shall apply. | 17 | | (A) After such a court order, either the exclusive | 18 | | representative or the educational employer may request | 19 | | of the other, in writing, arbitration, and shall | 20 | | submit a copy of the request to the Board. Within 14 | 21 | | days after such request, each party shall appoint one | 22 | | member to a panel of arbitration as provided in this | 23 | | subsection (b) unless the parties agree to proceed | 24 | | without a tri-partite panel. Following these | 25 | | appointments, if any, the parties shall select a | 26 | | qualified impartial individual to serve as the neutral |
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| 1 | | chairperson of the arbitration panel, if applicable. | 2 | | An individual shall be considered qualified to serve | 3 | | as the chairperson of the arbitration panel, if | 4 | | appropriate, if he or she was not the same individual | 5 | | who was appointed as the mediator and if the | 6 | | individual satisfies all of the following | 7 | | requirements: | 8 | | (i) The individual's membership is in good | 9 | | standing with the National Academy of Arbitrators, | 10 | | Federal Mediation and Conciliation Service, or the | 11 | | American Arbitration Association for a minimum of | 12 | | 10 years membership on the mediation roster for | 13 | | the Illinois Labor Relations Board or Illinois | 14 | | Educational Labor Relations Board. | 15 | | (ii) The individual has received issuance of | 16 | | at least 5 interest arbitration awards arising | 17 | | under the Illinois Public Labor Relations Act. | 18 | | (iii) The individual has participated in | 19 | | impasse resolution processes arising under private | 20 | | or public sector collective bargaining statutes in | 21 | | other states. | 22 | | If the parties are unable to agree on a | 23 | | chairperson, the parties shall request a panel of | 24 | | arbitrators who satisfy the requirements set forth in | 25 | | this paragraph (A) from either the Federal Mediation | 26 | | and Conciliation Service or the American Arbitration |
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| 1 | | Association and shall select a chairperson from such | 2 | | panel in accordance with the procedures established by | 3 | | the organization providing the panel. | 4 | | (B) The chairperson shall call a hearing to begin | 5 | | within 15 days and give reasonable notice of the time | 6 | | and place of the hearing. The hearing shall be held at | 7 | | the offices of the Board or at such other location as | 8 | | the Board deems appropriate. The chairperson shall | 9 | | preside over the hearing and shall take testimony. Any | 10 | | oral or documentary evidence and other data deemed | 11 | | relevant by the arbitration panel may be received in | 12 | | evidence. The proceedings shall be informal. Technical | 13 | | rules of evidence shall not apply and the competency | 14 | | of the evidence shall not thereby be deemed impaired. | 15 | | A verbatim record of the proceedings shall be made and | 16 | | the arbitrator shall arrange for the necessary | 17 | | recording service. Transcripts may be ordered at the | 18 | | expense of the party ordering the transcripts, but the | 19 | | transcripts shall not be necessary for a decision by | 20 | | the arbitration panel. The expense of the proceedings, | 21 | | including a fee for the chairperson, shall be borne | 22 | | equally by each of the parties to the dispute. The | 23 | | delegates, if public officers or employees, shall | 24 | | continue on the payroll of the public employer without | 25 | | loss of pay. The hearing conducted by the arbitration | 26 | | panel may be adjourned from time to time but, unless |
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| 1 | | otherwise agreed by the parties, shall be concluded | 2 | | within 30 days of the time of its commencement. | 3 | | Majority actions and rulings shall constitute the | 4 | | actions and rulings of the arbitration panel. | 5 | | Arbitration proceedings under this Section shall not | 6 | | be interrupted or terminated by reason of any unfair | 7 | | labor practice charge filed by either party at any | 8 | | time. | 9 | | (C) The arbitration panel may administer oaths and | 10 | | require the attendance of witnesses and the production | 11 | | of such books, papers, contracts, agreements, and | 12 | | documents as may be deemed material to a just | 13 | | determination of the issues in dispute and may issue | 14 | | subpoenas for such purpose. If any person refuses to | 15 | | obey a subpoena, refuses to be sworn, or refuses to | 16 | | testify or if any witness, party, or attorney is found | 17 | | guilty of contempt while in attendance at any hearing, | 18 | | the arbitration panel may, or the attorney general if | 19 | | requested shall, invoke the aid of any circuit court | 20 | | within the jurisdiction in which the hearing is being | 21 | | held, which court shall issue an appropriate order. | 22 | | Any failure to obey the order may be punished by the | 23 | | court as contempt. | 24 | | (D) At any time before the rendering of an award, | 25 | | the chairperson of the arbitration panel, if the | 26 | | chairperson is of the opinion that it is useful or |
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| 1 | | beneficial to do so, may remand the dispute to the | 2 | | parties for further collective bargaining for a period | 3 | | not to exceed 2 weeks. If the dispute is remanded for | 4 | | further collective bargaining, the time provisions of | 5 | | this Act shall be extended for a time period equal to | 6 | | that of the remand. The chairperson of the panel of | 7 | | arbitration shall notify the Board of the remand. | 8 | | (E) At or before the conclusion of the hearing | 9 | | held pursuant to subparagraph (B), the arbitration | 10 | | panel shall identify the economic issues in dispute | 11 | | and direct each of the parties to submit, within such | 12 | | time limit as the panel shall prescribe, to the | 13 | | arbitration panel and to each other its last offer of | 14 | | settlement on each economic issue. The determination | 15 | | of the arbitration panel as to the issues in dispute | 16 | | and as to which of these issues are economic shall be | 17 | | conclusive. The arbitration panel, within 30 days | 18 | | after the conclusion of the hearing, or such further | 19 | | additional periods to which the parties may agree, | 20 | | shall make written findings of fact and promulgate a | 21 | | written opinion and shall mail or otherwise deliver a | 22 | | true copy thereof to the parties and their | 23 | | representatives and to the Board. As to each economic | 24 | | issue, the arbitration panel shall adopt the last | 25 | | offer of settlement that, in the opinion of the | 26 | | arbitration panel, more nearly complies with the |
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| 1 | | applicable factors prescribed in subparagraph (F). The | 2 | | findings, opinions, and order as to all other issues | 3 | | shall be based upon the applicable factors prescribed | 4 | | in subparagraph (F). | 5 | | (F) If there is no agreement between the parties, | 6 | | or if there is an agreement but the parties have begun | 7 | | negotiations or discussions looking to a new agreement | 8 | | or amendment of the existing agreement, and wage rates | 9 | | or other conditions of employment under the proposed | 10 | | new or amended agreement are in dispute, the | 11 | | arbitration panel shall base its findings, opinions, | 12 | | and order upon any of the following factors as may be | 13 | | applicable: | 14 | | (i) the lawful authority of the educational | 15 | | employer; | 16 | | (ii) the stipulations of the parties; | 17 | | (iii) the interests and welfare of the public | 18 | | and the financial ability of the unit of | 19 | | government to meet those costs; | 20 | | (iv) comparison of the wages, hours, and | 21 | | conditions of employment of the employees involved | 22 | | in the arbitration proceeding with the wages, | 23 | | hours, and conditions of employment of other | 24 | | employees performing similar services and with | 25 | | other employees generally in public employment in | 26 | | comparable communities or in private employment in |
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| 1 | | comparable communities; | 2 | | (v) the average consumer prices for goods and | 3 | | services, commonly known as the cost of living; | 4 | | (vi) the overall compensation presently | 5 | | received by the employees, including direct wage | 6 | | compensation, vacations, holidays and other | 7 | | excused time, insurance and pensions, medical and | 8 | | hospitalization benefits, the continuity and | 9 | | stability of employment, and all other benefits | 10 | | received; | 11 | | (vii) any changes in circumstances in | 12 | | subdivision (i) through (vi) during the pendency | 13 | | of the arbitration proceedings; and | 14 | | (viii) other factors, not confined to the | 15 | | foregoing, that are normally or traditionally | 16 | | taken into consideration in the determination of | 17 | | wages, hours, and conditions of employment through | 18 | | voluntary collective bargaining, mediation, | 19 | | fact-finding, or arbitration or otherwise between | 20 | | the parties in public service or in private | 21 | | employment. | 22 | | (G) Arbitration procedures shall be deemed to be | 23 | | initiated by the filing of a letter requesting | 24 | | mediation as required under subparagraph (A). The | 25 | | commencement of a new fiscal year after the initiation | 26 | | of arbitration procedures under this Section but |
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| 1 | | before the arbitration decision or its enforcement | 2 | | shall not be deemed to render a dispute moot or to | 3 | | otherwise impair the jurisdiction or authority of the | 4 | | arbitration panel or its decision. Increases in the | 5 | | rates of compensation awarded by the arbitration panel | 6 | | may be effective only at the beginning of the fiscal | 7 | | year commencing after the date of the arbitration | 8 | | award. If a new fiscal year has commenced either since | 9 | | the initiation of arbitration procedures under this | 10 | | Act or since any mutually agreed extension of the | 11 | | statutorily required period of mediation under this | 12 | | Section by the parties to the labor dispute causing a | 13 | | delay in the initiation of arbitration, the foregoing | 14 | | limitations shall be inapplicable, and such awarded | 15 | | increases may be retroactive to the commencement of | 16 | | the fiscal year, notwithstanding any other law or | 17 | | charter provision to the contrary. The parties may, by | 18 | | stipulation, amend or modify an award of arbitration | 19 | | at any time. | 20 | | (H) Orders of the arbitration panel shall be | 21 | | reviewable, upon appropriate petition by either the | 22 | | educational employer or the exclusive bargaining | 23 | | representative, by the circuit court for the county in | 24 | | which the dispute arose or in which a majority of the | 25 | | affected employees reside, but only if (i) the | 26 | | arbitration panel was without or exceeded its |
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| 1 | | statutory authority, (ii) the order is arbitrary or | 2 | | capricious, or (iii) the order was procured by fraud, | 3 | | collusion, or other similar and unlawful means. The | 4 | | petition for review must be filed with the appropriate | 5 | | circuit court within 90 days following the issuance of | 6 | | the arbitration order. The pendency of such proceeding | 7 | | for review shall not automatically stay the order of | 8 | | the arbitration panel. The party against whom the | 9 | | final decision of any such court shall be adverse, if | 10 | | such court finds such appeal or petition to be | 11 | | frivolous, shall pay reasonable attorney's fees and | 12 | | costs to the successful party as determined by the | 13 | | court in its discretion. If the court's decision | 14 | | affirms the award of money, the award, if retroactive, | 15 | | shall bear interest at the rate of 12% per annum from | 16 | | the effective retroactive date. | 17 | | (I) During the pendency of proceedings before the | 18 | | arbitration panel, existing wages, hours, and other | 19 | | conditions of employment shall not be changed by the | 20 | | action of either party without the consent of the | 21 | | other party, but a party may so consent without | 22 | | prejudice to the party's rights or position under this | 23 | | Act. The proceedings are deemed to be pending before | 24 | | the arbitration panel upon the initiation of | 25 | | arbitration procedures under this Act. | 26 | | (J) Educational employees who are covered under |
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| 1 | | this subsection (b) may not withhold services. | 2 | | Educational employers who are covered under this | 3 | | subsection (b) may not lock out or prevent educational | 4 | | employees from performing services at any time. | 5 | | (K) All of the terms decided upon by the | 6 | | arbitration panel shall be included in an agreement to | 7 | | be submitted to the educational employer's governing | 8 | | body for ratification and adoption by law, ordinance, | 9 | | or the equivalent appropriate means.
The governing | 10 | | body shall review each term decided by the arbitration | 11 | | panel. If the governing body fails to reject one or | 12 | | more terms of the arbitration panel's decision by a | 13 | | three-fifth vote of those duly elected and qualified | 14 | | members of the governing body within 20 days of | 15 | | issuance, the term or terms shall become a part of the | 16 | | collective bargaining agreement of the parties. If the | 17 | | governing body affirmatively rejects one or more terms | 18 | | of the arbitration panel's decision, the governing | 19 | | body must provide reasons for the rejection with | 20 | | respect to each term rejected by the governing body | 21 | | within 20 days after the rejection. The parties shall | 22 | | return to the arbitration panel for further | 23 | | proceedings and issuance of a supplemental decision | 24 | | with respect to the rejected terms. Any supplemental | 25 | | decision made by an arbitration panel or other | 26 | | decision maker that is agreed to by the parties shall |
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| 1 | | be submitted to the governing body for ratification | 2 | | and adoption in accordance with the procedures and | 3 | | voting requirements set forth in this Section. The | 4 | | voting requirements of this subparagraph (K) shall | 5 | | apply to all disputes submitted to arbitration | 6 | | pursuant to this paragraph (6), notwithstanding any | 7 | | contrary voting requirements contained in any existing | 8 | | collective bargaining agreement between the parties. | 9 | | (L) If the governing body of the educational | 10 | | employer votes to reject the panel's decision, the | 11 | | parties shall return to the panel, within 30 days from | 12 | | the issuance of the reasons for rejection, for further | 13 | | proceedings and issuance of a supplemental decision. | 14 | | All reasonable costs of such supplemental proceeding, | 15 | | including the exclusive representative's reasonable | 16 | | attorney's fees as established by the Board, shall be | 17 | | paid by the employer. | 18 | | (c) Notwithstanding any other provision in this Section to | 19 | | the contrary, the employer and exclusive representative may | 20 | | agree to submit unresolved disputes concerning wages, hours, | 21 | | terms, and conditions of employment to an alternative form of | 22 | | impasse resolution. | 23 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | 24 | | eff. 1-1-14.)
| 25 | | (115 ILCS 5/14) (from Ch. 48, par. 1714)
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| 1 | | Sec. 14. Unfair labor practices.
| 2 | | (a) Educational employers, their agents
or representatives | 3 | | are prohibited from:
| 4 | | (1) Interfering, restraining or coercing employees in | 5 | | the exercise of
the rights guaranteed under this Act.
| 6 | | (2) Dominating or interfering with the formation, | 7 | | existence or
administration of any employee organization.
| 8 | | (3) Discriminating in regard to hire or tenure of | 9 | | employment or any term
or condition of employment to | 10 | | encourage or discourage membership in any
employee | 11 | | organization.
| 12 | | (4) Discharging or otherwise discriminating against an | 13 | | employee because
he or she has signed or filed an | 14 | | affidavit, authorization card, petition or
complaint or | 15 | | given any information or testimony under this Act.
| 16 | | (5) Refusing to bargain collectively in good faith | 17 | | with an employee
representative which is the exclusive | 18 | | representative of employees in an
appropriate unit, | 19 | | including , but not limited to , the discussing of | 20 | | grievances
with the exclusive representative; provided, | 21 | | however, that if an alleged
unfair labor practice involves | 22 | | interpretation or application of the terms
of a collective | 23 | | bargaining agreement and said agreement contains a
| 24 | | grievance and arbitration procedure, the Board may defer | 25 | | the resolution of
such dispute to the grievance and | 26 | | arbitration procedure contained in said
agreement.
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| 1 | | (6) Refusing to reduce a collective bargaining | 2 | | agreement to writing and
signing such agreement.
| 3 | | (7) Violating any of the rules and regulations | 4 | | promulgated by the Board
regulating the conduct of | 5 | | representation elections.
| 6 | | (8) Refusing to comply with the provisions of a | 7 | | binding arbitration award.
| 8 | | (9) Expending or causing the expenditure of public | 9 | | funds to any
external agent, individual, firm, agency, | 10 | | partnership or association in any
attempt to influence the | 11 | | outcome of representational elections held
pursuant to | 12 | | paragraph (c) of Section 7 of this Act; provided, that | 13 | | nothing
in this subsection shall be construed to limit an | 14 | | employer's right to be
represented on any matter | 15 | | pertaining to unit determinations, unfair labor
practice | 16 | | charges or pre-election conferences in any formal or | 17 | | informal
proceeding before the Board, or to seek or obtain | 18 | | advice from legal counsel.
Nothing in this paragraph shall | 19 | | be construed to prohibit an employer from
expending or | 20 | | causing the expenditure of public funds on, or seeking or
| 21 | | obtaining services or advice from, any organization, group | 22 | | or association
established by, and including educational | 23 | | or public employers, whether or
not covered by this Act, | 24 | | the Illinois Public Labor Relations Act or the
public | 25 | | employment labor relations law of any other state or the | 26 | | federal
government, provided that such services or advice |
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| 1 | | are generally available
to the membership of the | 2 | | organization, group, or association, and are not
offered | 3 | | solely in an attempt to influence the outcome of a | 4 | | particular
representational election.
| 5 | | (10) Interfering with, restraining, coercing, | 6 | | deterring or discouraging educational employees or | 7 | | applicants to be educational employees from: (1) becoming | 8 | | members of an employee organization; (2) authorizing | 9 | | representation by an employee organization; or (3) | 10 | | authorizing dues or fee deductions to an employee | 11 | | organization, nor shall the employer intentionally permit | 12 | | outside third parties to use its email or other | 13 | | communications systems to engage in that conduct. An | 14 | | employer's good faith implementation of a policy to block | 15 | | the use of its email or other communication systems for | 16 | | such purposes shall be a defense to an unfair labor | 17 | | practice. | 18 | | (11) Disclosing to any person or entity information | 19 | | set forth in subsection (d) of Section 3 of this Act that | 20 | | the employer knows or should know will be used to | 21 | | interfere with, restrain, coerce, deter, or discourage any | 22 | | public employee from: (i) becoming or remaining members of | 23 | | a labor organization, (ii) authorizing representation by a | 24 | | labor organization, or (iii) authorizing dues or fee | 25 | | deductions to a labor organization. | 26 | | (12) Promising, threatening, or taking any action (i) |
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| 1 | | to permanently replace an employee who participates in a | 2 | | strike under Section 13 of this Act, (ii) to discriminate | 3 | | against an employee who is working or has unconditionally | 4 | | offered to return to work for the employer because the | 5 | | employee supported or participated in such as a strike, or | 6 | | (iii) to lockout, suspend, or otherwise withhold from | 7 | | employment employees in order to influence the position of | 8 | | such employees or the representative of such employees in | 9 | | collective bargaining prior to a strike. | 10 | | (b) Employee organizations, their agents or | 11 | | representatives or educational
employees are prohibited from:
| 12 | | (1) Restraining or coercing employees in the exercise | 13 | | of the rights
guaranteed under this Act, provided that a | 14 | | labor organization or its
agents shall commit an unfair | 15 | | labor practice under this paragraph in duty
of fair | 16 | | representation cases only by intentional misconduct in | 17 | | representing
employees under this Act.
| 18 | | (2) Restraining or coercing an educational employer in | 19 | | the selection of
his representative for the purposes of | 20 | | collective bargaining or the adjustment
of grievances.
| 21 | | (3) Refusing to bargain collectively in good faith | 22 | | with an educational
employer, if they have been designated | 23 | | in accordance with the provisions
of this Act as the | 24 | | exclusive representative of employees in an appropriate
| 25 | | unit.
| 26 | | (4) Violating any of the rules and regulations |
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| 1 | | promulgated by the Board
regulating the conduct of | 2 | | representation elections.
| 3 | | (5) Refusing to reduce a collective bargaining | 4 | | agreement to writing and
signing such agreement.
| 5 | | (6) Refusing to comply with the provisions of a | 6 | | binding arbitration award.
| 7 | | (c) The expressing of any views, argument, opinion or the
| 8 | | dissemination thereof, whether in written, printed, graphic or | 9 | | visual form,
shall not constitute or be evidence of an unfair | 10 | | labor practice under any
of the provisions of this Act, if such | 11 | | expression contains no threat of
reprisal or force or promise | 12 | | of benefit.
| 13 | | (c-5) The employer shall not discourage public employees | 14 | | or applicants to be public employees from becoming or | 15 | | remaining union members or authorizing dues deductions, and | 16 | | shall not otherwise interfere with the relationship between | 17 | | employees and their exclusive bargaining representative. The | 18 | | employer shall refer all inquiries about union membership to | 19 | | the exclusive bargaining representative, except that the | 20 | | employer may communicate with employees regarding payroll | 21 | | processes and procedures. The employer will establish email | 22 | | policies in an effort to prohibit the use of its email system | 23 | | by outside sources. | 24 | | (d) The actions of a Financial Oversight Panel created | 25 | | pursuant to Section
1A-8
of the School Code due to a district | 26 | | violating a financial plan shall not
constitute or be evidence |
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| 1 | | of an unfair labor practice under any of the
provisions of this | 2 | | Act. Such actions include, but are not limited to,
reviewing, | 3 | | approving, or rejecting a school district budget or a | 4 | | collective
bargaining agreement.
| 5 | | (Source: P.A. 101-620, eff. 12-20-19; revised 8-21-20.)".
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