Full Text of HB3313 103rd General Assembly
HB3313 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3313 Introduced 2/17/2023, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/11 | from Ch. 48, par. 1611 | 5 ILCS 315/11.5 new | | 5 ILCS 315/14 | from Ch. 48, par. 1614 |
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Amends the Illinois Public Labor Relations Act. Provides that the Illinois Labor Relations Board shall determine whether refusing to bargain collectively in good faith
with a labor organization that is the exclusive representative of public employees in an appropriate unit, including, but not limited to, the discussing of grievances with the exclusive representative, was of a serious enough nature that it undermined or significantly impacted the collective bargaining process such that other traditional remedies may not remedy the violation if the Board is unable to order a make-whole remedy. Sets forth standards to make the determination and the option to order impasse arbitration. Provides that parties continue to have a duty to engage in good faith bargaining during the pendency of impasse arbitration procedures. Provides that the Board shall have authority to order make-whole relief, including, but not limited to, consequential damages and front pay for injuries suffered by employees or a labor organization as a result of an unfair labor practice. Provides that violators may also be subject to liquidated damages in an amount equal to any monetary make-whole relief ordered by the Board unless the employer can show it acted in good faith and had reasonable grounds to believe it was acting in compliance in this Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 11 and 14 and by adding Section | 6 | | 11.5 as follows:
| 7 | | (5 ILCS 315/11) (from Ch. 48, par. 1611)
| 8 | | Sec. 11. Unfair labor practice procedures. Unfair labor | 9 | | practices may
be dealt with by the Board in the following | 10 | | manner:
| 11 | | (a) Whenever it is charged that any person has engaged in | 12 | | or is engaging
in any unfair labor practice, the Board or any | 13 | | agent designated by the Board
for such purposes, shall conduct | 14 | | an investigation of the charge. If after
such investigation | 15 | | the Board finds that the charge involves a dispositive
issue | 16 | | of law or fact the Board shall issue a complaint and cause to | 17 | | be
served upon the person a complaint stating the charges, | 18 | | accompanied by a
notice of hearing before the Board or a member | 19 | | thereof designated by the
Board, or before a qualified hearing | 20 | | officer designated by the Board at the
offices of the Board or | 21 | | such other location as the Board deems appropriate,
not less | 22 | | than 5 days after serving of such complaint provided that no
| 23 | | complaint shall issue based upon any unfair labor practice |
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| 1 | | occurring more
than six months prior to the filing of a charge | 2 | | with the Board and
the service of a copy thereof upon the | 3 | | person against whom the charge is
made, unless the person | 4 | | aggrieved thereby did not reasonably have knowledge
of the | 5 | | alleged unfair labor practice or was prevented from filing | 6 | | such a
charge by reason of service in the armed forces, in | 7 | | which event the six
month period shall be computed from the | 8 | | date of his discharge. Any such
complaint may be amended by the | 9 | | member or hearing officer conducting the
hearing for the Board | 10 | | in his discretion at any time prior to the issuance
of an order | 11 | | based thereon. The person who is the subject of the complaint
| 12 | | has the right to file an answer to the original or amended | 13 | | complaint and
to appear in person or by a representative and | 14 | | give testimony at the place
and time fixed in the complaint. In | 15 | | the discretion of the member or hearing
officer conducting the | 16 | | hearing or the Board, any other person may be allowed
to | 17 | | intervene in the proceeding and to present testimony. In any | 18 | | hearing
conducted by the Board, neither the Board nor the | 19 | | member or agent conducting
the hearing shall be bound by the | 20 | | rules of evidence applicable to courts,
except as to the rules | 21 | | of privilege recognized by law.
| 22 | | (b) The Board shall have the power to issue subpoenas and | 23 | | administer oaths.
If any party wilfully fails or neglects to | 24 | | appear or testify or to produce
books, papers and records | 25 | | pursuant to the issuance of a subpoena by the
Board, the Board | 26 | | may apply to a court of competent jurisdiction to request
that |
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| 1 | | such party be ordered to appear before the Board to testify or | 2 | | produce
the requested evidence.
| 3 | | (c) Any testimony taken by the Board, or a member | 4 | | designated by the Board
or a hearing officer thereof, must be | 5 | | reduced to writing and filed with the
Board. A full and | 6 | | complete record shall be kept of all proceedings before
the | 7 | | Board, and all proceedings shall be transcribed by a reporter | 8 | | appointed
by the Board. The party on whom the burden of proof | 9 | | rests shall be required
to sustain such burden by a | 10 | | preponderance of the evidence. If, upon a
preponderance of the | 11 | | evidence taken, the Board is of the opinion that any
person | 12 | | named in the charge has engaged in or is engaging in an unfair | 13 | | labor
practice, then it shall state its findings of fact and | 14 | | shall issue and
cause to be served upon the person an order | 15 | | requiring him to cease and
desist from the unfair labor | 16 | | practice, and to take such affirmative action,
including | 17 | | reinstatement of public employees with or without back pay, as
| 18 | | will effectuate the policies of this Act. If the Board awards | 19 | | back pay, it
shall also award interest at the rate of 7% per | 20 | | annum. The Board's order
may further require the person to | 21 | | make reports from time to time,
and demonstrate the extent to | 22 | | which he has complied with the order. If
there is no | 23 | | preponderance of evidence to indicate to the Board that the
| 24 | | person named in the charge has engaged in or is engaging in the | 25 | | unfair labor
practice, then the Board shall state its findings | 26 | | of fact and shall issue
an order dismissing the complaint.
The |
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| 1 | | Board's order may in its discretion also include an | 2 | | appropriate
sanction, based on the Board's rules and | 3 | | regulations, and the sanction may
include an order to pay the | 4 | | other party or parties' reasonable expenses
including costs | 5 | | and reasonable attorney's fee, if the other party has made
| 6 | | allegations or denials without reasonable cause and found to | 7 | | be untrue or
has engaged in frivolous litigation for the | 8 | | purpose of delay or needless
increase in the cost of | 9 | | litigation; the State of Illinois or any agency
thereof shall | 10 | | be subject to the provisions of this sentence in the same
| 11 | | manner as any other party. The Board shall determine whether a | 12 | | violation of paragraph (4) of subsection (a) of Section 10 was | 13 | | of a serious enough nature that it may have frustrated the | 14 | | purposes of this Act by undermining or significantly impacting | 15 | | the collective bargaining process such that other traditional | 16 | | remedies may not remedy the violation if the Board is unable to | 17 | | order a make-whole remedy. Reasons for such a determination | 18 | | include the passage of time, that the violation was of a nature | 19 | | that could undermine support for a labor organization, or that | 20 | | the violation may otherwise undermine the labor organization's | 21 | | bargaining strength. Should the Board make such a | 22 | | determination that the violation frustrated the purposes of | 23 | | this Act, the Board shall include the availability of interest | 24 | | arbitration in its order and, upon request of the charging | 25 | | party, the parties must participate in the impasse arbitration | 26 | | procedures set forth in Section 14, except that: (i) the right |
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| 1 | | to strike shall not be considered waived pursuant to Section | 2 | | 17 until the actual convening of the arbitration hearing and | 3 | | (ii) the commencement of a new fiscal year shall not be deemed | 4 | | to impair the jurisdiction or authority of the arbitration | 5 | | panel or its decision.
The parties continue to have a duty to | 6 | | engage in good faith bargaining during the pendency of impasse | 7 | | arbitration procedures.
| 8 | | (d) Until the record in a case has been filed in court, the | 9 | | Board at any
time, upon reasonable notice and in such manner as | 10 | | it deems proper, may
modify or set aside, in whole or in part, | 11 | | any finding or order made or
issued by it.
| 12 | | (e) A charging party or any person aggrieved by a final | 13 | | order of the Board
granting or denying in whole or in part the | 14 | | relief sought may apply for
and obtain judicial review of an | 15 | | order of the Board entered under this Act,
in accordance with | 16 | | the provisions of the Administrative Review Law, as now
or | 17 | | hereafter amended, except that such judicial review shall be | 18 | | afforded
directly in the appellate court for the district in | 19 | | which the aggrieved
party resides or transacts business, and | 20 | | provided, that such judicial
review shall not be available for | 21 | | the purpose of challenging a final order
issued by the Board | 22 | | pursuant to Section 9 of this Act for which judicial
review has | 23 | | been petitioned pursuant to subsection (i) of Section 9. Any
| 24 | | direct appeal to the Appellate Court shall be filed within 35 | 25 | | days from the
date that a copy of the decision sought to be | 26 | | reviewed was served upon the
party affected by the decision. |
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| 1 | | The filing of such an appeal to the Appellate Court shall not | 2 | | automatically stay the enforcement of the Board's order. An | 3 | | aggrieved party may apply to the Appellate Court for a stay of | 4 | | the enforcement of the Board's order after the aggrieved party | 5 | | has followed the procedure prescribed by Supreme Court Rule | 6 | | 335. The
Board in proceedings under this
Section may obtain an | 7 | | order of the court for the enforcement of its order.
| 8 | | (f) Whenever it appears that any person has violated a | 9 | | final order of
the Board issued pursuant to this Section, the | 10 | | Board must commence an action
in the name of the People of the | 11 | | State of Illinois by petition, alleging
the violation, | 12 | | attaching a copy of the order of the Board, and praying for
the | 13 | | issuance of an order directing the person, his officers, | 14 | | agents, servants,
successors, and assigns to comply with the | 15 | | order of the Board.
The Board shall be represented in this | 16 | | action by the Attorney General in
accordance with the Attorney | 17 | | General Act. The court may grant or refuse, in
whole or in | 18 | | part, the relief sought, provided that the court may stay an
| 19 | | order of the Board in accordance with the Administrative | 20 | | Review Law,
pending disposition of the proceedings. The court | 21 | | may punish a violation of
its order as in civil contempt.
| 22 | | (g) The proceedings provided in paragraph (f) of this | 23 | | Section shall be
commenced in the Appellate Court for the | 24 | | district where the unfair labor
practice which is the subject | 25 | | of the Board's order was committed, or where
a person required | 26 | | to cease and desist by such order resides or transacts |
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| 1 | | business.
| 2 | | (h) The Board through the Attorney General, shall have | 3 | | power, upon issuance
of an unfair labor practice complaint | 4 | | alleging that a person has engaged
in or is engaging in an | 5 | | unfair labor practice, to petition the circuit court
where the | 6 | | alleged unfair labor practice which is the subject of the | 7 | | Board's
complaint was allegedly committed, or where a person | 8 | | required to cease and
desist from such alleged unfair labor | 9 | | practice resides or transacts business,
for appropriate | 10 | | temporary relief or restraining order. Upon the filing of
any | 11 | | such petition, the court shall cause notice thereof to be | 12 | | served upon
such persons, and thereupon shall have | 13 | | jurisdiction to grant to the Board
such temporary relief or | 14 | | restraining order as it deems just and proper.
| 15 | | (i) If an unfair labor practice charge involves the | 16 | | interpretation or
application of a collective bargaining | 17 | | agreement and said agreement contains
a grievance procedure | 18 | | with binding arbitration as its terminal step, the
Board may | 19 | | defer the resolution of such dispute to the grievance and | 20 | | arbitration
procedure contained in said agreement.
| 21 | | (Source: P.A. 100-516, eff. 9-22-17.)
| 22 | | (5 ILCS 315/11.5 new) | 23 | | Sec. 11.5. Make-whole relief. | 24 | | (a) The Board may order make-whole relief, including, but | 25 | | not limited to consequential damages and front pay for |
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| 1 | | injuries suffered by employees or a labor organization as a | 2 | | result of an unfair labor practice. In determining appropriate | 3 | | relief for a violation of paragraph (4) of subsection (a) of | 4 | | Section 10 serious enough to have frustrated the purposes of | 5 | | the Act and that may have undermined or significantly impacted | 6 | | the collective bargaining process, the Board shall take into | 7 | | consideration factors that normally determine the outcome of | 8 | | collective bargaining when such bargaining has been conducted | 9 | | in good faith. | 10 | | (b) Violators of subsection (a) of Section 10 shall also | 11 | | be subject to liquidated damages in an amount equal to any | 12 | | monetary make-whole relief ordered by the Board unless the | 13 | | employer can show it acted in good faith and had reasonable | 14 | | grounds to believe it was acting in compliance with this Act.
| 15 | | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| 16 | | Sec. 14. Security employee, peace officer and fire fighter | 17 | | disputes.
| 18 | | (a) In the case of collective bargaining agreements | 19 | | involving units of
security employees of a public employer, | 20 | | Peace Officer Units, or units of
fire fighters or paramedics, | 21 | | and in the case of disputes under Sections 11 and Section 18,
| 22 | | unless the parties mutually agree to some other time limit, | 23 | | mediation
shall commence 30 days prior to the expiration date | 24 | | of such agreement or
at such later time as the mediation | 25 | | services chosen under subsection (b) of
Section 12 can be |
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| 1 | | provided to the parties. In the case of negotiations
for an | 2 | | initial collective bargaining agreement, mediation shall | 3 | | commence
upon 15 days notice from either party or at such later | 4 | | time as the
mediation services chosen pursuant to subsection | 5 | | (b) of Section 12 can be
provided to the parties. In mediation | 6 | | under this Section, if either party
requests the use of | 7 | | mediation services from the Federal Mediation and
Conciliation | 8 | | Service, the other party shall either join in such request or
| 9 | | bear the additional cost of mediation services from another | 10 | | source. The
mediator shall have a duty to keep the Board | 11 | | informed on the progress of
the mediation. If any dispute has | 12 | | not been resolved within 15 days after
the first meeting of the | 13 | | parties and the mediator, or within such other
time limit as | 14 | | may be mutually agreed upon by the parties, either the
| 15 | | exclusive representative or employer may request of the other, | 16 | | in writing,
arbitration, and shall submit a copy of the | 17 | | request to the Board.
| 18 | | (b) Within 10 days after such a request for arbitration | 19 | | has been
made, the employer shall choose a delegate and
the | 20 | | employees' exclusive representative shall choose a delegate to | 21 | | a panel
of arbitration as provided in this Section. The | 22 | | employer and employees
shall forthwith advise the other and | 23 | | the Board of their selections.
| 24 | | (c) Within 7 days after the request of either party, the | 25 | | parties shall request a panel of impartial arbitrators from | 26 | | which they shall select the neutral chairman according to the |
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| 1 | | procedures provided in this Section. If the parties have | 2 | | agreed to a contract that contains a grievance resolution | 3 | | procedure as provided in Section 8, the chairman shall be | 4 | | selected using their agreed contract procedure unless they | 5 | | mutually agree to another procedure. If the parties fail to | 6 | | notify the Board of their selection of neutral chairman within | 7 | | 7 days after receipt of the list of impartial arbitrators, the | 8 | | Board shall appoint, at random, a neutral chairman from the | 9 | | list. In the absence of an agreed contract procedure for | 10 | | selecting an impartial arbitrator, either party may request a | 11 | | panel from the Board. Within 7 days of the request of either | 12 | | party, the Board shall select
from the Public Employees Labor | 13 | | Mediation Roster 7 persons who are on the
labor arbitration | 14 | | panels of either the American Arbitration Association or
the | 15 | | Federal Mediation and Conciliation Service, or who are members | 16 | | of the
National Academy of Arbitrators, as nominees for
| 17 | | impartial arbitrator of the arbitration panel. The parties may | 18 | | select an
individual on the list provided by the Board or any | 19 | | other individual
mutually agreed upon by the parties. Within 7 | 20 | | days following the receipt
of the list, the parties shall | 21 | | notify the Board of the person they have
selected. Unless the | 22 | | parties agree on an alternate selection procedure,
they shall | 23 | | alternatively strike one name from the list provided by the
| 24 | | Board until only one name remains. A coin toss shall determine | 25 | | which party
shall strike the first name. If the parties fail to | 26 | | notify the Board in a
timely manner of their selection for |
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| 1 | | neutral chairman, the Board shall
appoint a neutral chairman | 2 | | from the Illinois Public Employees
Mediation/Arbitration | 3 | | Roster.
| 4 | | (d) The chairman shall call a hearing to begin within 15 | 5 | | days and give
reasonable notice of the time and place of the | 6 | | hearing. The hearing
shall be held at the offices of the Board | 7 | | or at such other location as the
Board deems appropriate. The | 8 | | chairman shall preside over the hearing and
shall take | 9 | | testimony. Any oral or documentary evidence and other data
| 10 | | deemed relevant by the arbitration panel may be received in | 11 | | evidence. The
proceedings shall be informal. Technical rules | 12 | | of evidence shall not apply
and the competency of the evidence | 13 | | shall not thereby be deemed impaired. A
verbatim record of the | 14 | | proceedings shall be made and the arbitrator shall
arrange for | 15 | | the necessary recording service. Transcripts may be ordered at
| 16 | | the expense of the party ordering them, but the transcripts | 17 | | shall not be
necessary for a decision by the arbitration | 18 | | panel. The expense of the
proceedings, including a fee for the | 19 | | chairman, shall be borne equally by each of the parties to the | 20 | | dispute.
The delegates, if public officers or employees, shall | 21 | | continue on the
payroll of the public employer without loss of | 22 | | pay. The hearing conducted
by the arbitration panel may be | 23 | | adjourned from time to time, but unless
otherwise agreed by | 24 | | the parties, shall be concluded within 30 days of the
time of | 25 | | its commencement. Majority actions and rulings shall | 26 | | constitute
the actions and rulings of the arbitration panel. |
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| 1 | | Arbitration proceedings
under this Section shall not be | 2 | | interrupted or terminated by reason of any
unfair labor | 3 | | practice charge filed by either party at any time.
| 4 | | (e) The arbitration panel may administer oaths, require | 5 | | the attendance
of witnesses, and the production of such books, | 6 | | papers, contracts, agreements
and documents as may be deemed | 7 | | by it material to a just determination of
the issues in | 8 | | dispute, and for such purpose may issue subpoenas. If any
| 9 | | person refuses to obey a subpoena, or refuses to be sworn or to | 10 | | testify,
or if any witness, party or attorney is guilty of any | 11 | | contempt while in
attendance at any hearing, the arbitration | 12 | | panel may, or the attorney general
if requested shall, invoke | 13 | | the aid of any circuit court within the jurisdiction
in which | 14 | | the hearing is being held, which court shall issue an | 15 | | appropriate
order. Any failure to obey the order may be | 16 | | punished by the court as contempt.
| 17 | | (f) At any time before the rendering of an award, the | 18 | | chairman of the
arbitration panel, if he is of the opinion that | 19 | | it would be useful or
beneficial to do so, may remand the | 20 | | dispute to the parties for further
collective bargaining for a | 21 | | period not to exceed 2 weeks. If the dispute
is remanded for | 22 | | further collective bargaining the time provisions of this
Act | 23 | | shall be extended for a time period equal to that of the | 24 | | remand. The
chairman of the panel of arbitration shall notify | 25 | | the Board of the remand.
| 26 | | (g) At or before the conclusion of the hearing held |
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| 1 | | pursuant to subsection
(d), the arbitration panel shall | 2 | | identify the economic issues in dispute,
and direct each of | 3 | | the parties to submit, within such time limit as the
panel | 4 | | shall prescribe, to the arbitration panel and to each other | 5 | | its last
offer of settlement on each economic issue. The | 6 | | determination of the
arbitration panel as to the issues in | 7 | | dispute and as to which of these
issues are economic shall be | 8 | | conclusive. The arbitration panel, within 30
days after the | 9 | | conclusion of the hearing, or such further additional
periods | 10 | | to which the parties may agree, shall make written findings of | 11 | | fact
and promulgate a written opinion and shall mail or | 12 | | otherwise deliver a true
copy thereof to the parties and their | 13 | | representatives and to the Board. As
to each economic issue, | 14 | | the arbitration panel shall adopt the last offer of
settlement | 15 | | which, in the opinion of the arbitration panel, more nearly
| 16 | | complies with the applicable factors prescribed in subsection | 17 | | (h). The
findings, opinions and order as to all other issues | 18 | | shall be based upon the
applicable factors prescribed in | 19 | | subsection (h).
| 20 | | (h) Where there is no agreement between the parties, or | 21 | | where there is
an agreement but the parties have begun | 22 | | negotiations or discussions looking
to a new agreement or | 23 | | amendment of the existing agreement, and wage rates
or other | 24 | | conditions of employment under the proposed new or amended | 25 | | agreement
are in dispute, the arbitration panel shall base its | 26 | | findings, opinions
and order upon the following factors, as |
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| 1 | | applicable:
| 2 | | (1) The lawful authority of the employer.
| 3 | | (2) Stipulations of the parties.
| 4 | | (3) The interests and welfare of the public and the | 5 | | financial ability
of the unit of government to meet those | 6 | | costs.
| 7 | | (4) Comparison of the wages, hours and conditions of | 8 | | employment of the
employees involved in the arbitration | 9 | | proceeding with the wages, hours and
conditions of | 10 | | employment of other employees performing similar services
| 11 | | and with other employees generally:
| 12 | | (A) In public employment in comparable | 13 | | communities.
| 14 | | (B) In private employment in comparable | 15 | | communities.
| 16 | | (5) The average consumer prices for goods and | 17 | | services, commonly known
as the cost of living.
| 18 | | (6) The overall compensation presently received by the | 19 | | employees,
including
direct wage compensation, vacations, | 20 | | holidays and other excused time, insurance
and pensions, | 21 | | medical and hospitalization benefits, the continuity and
| 22 | | stability of employment and all other benefits received.
| 23 | | (7) Changes in any of the foregoing circumstances | 24 | | during the pendency
of the arbitration proceedings.
| 25 | | (8) Such other factors, not confined to the foregoing, | 26 | | which are normally
or traditionally taken into |
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| 1 | | consideration in the determination of wages,
hours and | 2 | | conditions of employment through voluntary collective | 3 | | bargaining,
mediation, fact-finding, arbitration or | 4 | | otherwise between the parties, in
the public service or in | 5 | | private employment.
| 6 | | (i) In the case of peace officers, the arbitration | 7 | | decision shall be
limited to wages, hours, and conditions of | 8 | | employment (which may include
residency requirements in | 9 | | municipalities with a population under 100,000, but
those | 10 | | residency requirements shall not allow residency outside of | 11 | | Illinois)
and shall not include
the following: i) residency | 12 | | requirements in municipalities with a population
of at least | 13 | | 100,000; ii) the type of equipment, other
than uniforms, | 14 | | issued or used; iii) manning; iv) the total number of
| 15 | | employees employed by the department; v) mutual aid and | 16 | | assistance
agreements to other units of government; and vi) | 17 | | the criterion pursuant to
which force, including deadly force, | 18 | | can be used; provided, nothing herein
shall preclude an | 19 | | arbitration decision regarding equipment or manning
levels if | 20 | | such decision is based on a finding that the equipment or | 21 | | manning
considerations in a specific work assignment involve a | 22 | | serious risk to the
safety of a peace officer beyond that which | 23 | | is inherent in the normal
performance of police duties. | 24 | | Limitation of the terms of the arbitration
decision pursuant | 25 | | to this subsection shall not be construed to limit the
factors | 26 | | upon which the decision may be based, as set forth in |
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| 1 | | subsection (h).
| 2 | | In the case of fire fighter, and fire department or fire | 3 | | district paramedic
matters, the arbitration decision shall be | 4 | | limited to wages, hours, and
conditions of employment | 5 | | (including manning and also including residency requirements | 6 | | in
municipalities with a population under 1,000,000, but those | 7 | | residency
requirements shall not allow residency outside of | 8 | | Illinois) and shall not
include the
following matters: i) | 9 | | residency requirements in municipalities with a
population of | 10 | | at least 1,000,000; ii) the type of equipment (other than
| 11 | | uniforms and fire fighter turnout gear) issued or used; iii) | 12 | | the total
number of employees employed by the department; iv) | 13 | | mutual aid and
assistance agreements to other units of | 14 | | government; and v) the criterion
pursuant to which force, | 15 | | including deadly force, can be used; provided,
however, | 16 | | nothing herein shall preclude an arbitration decision | 17 | | regarding
equipment levels if such decision is based on a | 18 | | finding that the equipment
considerations in a specific work | 19 | | assignment involve a serious risk to the
safety of a fire | 20 | | fighter beyond that which is inherent in the normal
| 21 | | performance of fire fighter duties. Limitation of the terms of | 22 | | the
arbitration decision pursuant to this subsection shall not | 23 | | be construed to
limit the facts upon which the decision may be | 24 | | based, as set forth in
subsection (h).
| 25 | | The changes to this subsection (i) made by Public Act | 26 | | 90-385 (relating to residency requirements) do not
apply to |
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| 1 | | persons who are employed by a combined department that | 2 | | performs both
police and firefighting services; these persons | 3 | | shall be governed by the
provisions of this subsection (i) | 4 | | relating to peace officers, as they existed
before the | 5 | | amendment by Public Act 90-385.
| 6 | | To preserve historical bargaining rights, this subsection | 7 | | shall not apply
to any provision of a fire fighter collective | 8 | | bargaining agreement in effect
and applicable on the effective | 9 | | date of this Act; provided, however, nothing
herein shall | 10 | | preclude arbitration with respect to any such provision.
| 11 | | (j) Arbitration procedures shall be deemed to be initiated | 12 | | by the
filing of a letter requesting mediation as required | 13 | | under subsection (a)
of this Section. The commencement of a | 14 | | new municipal fiscal year after the
initiation of arbitration | 15 | | procedures under this Act, but before the
arbitration | 16 | | decision, or its enforcement, shall not be deemed to render a
| 17 | | dispute moot, or to otherwise impair the jurisdiction or | 18 | | authority of the
arbitration panel or its decision. Increases | 19 | | in rates
of compensation awarded by the arbitration panel may | 20 | | be effective only at
the start of the fiscal year next | 21 | | commencing after the date of the arbitration
award. If a new | 22 | | fiscal year has commenced either since the initiation of
| 23 | | arbitration procedures under this Act or since any mutually | 24 | | agreed
extension of the statutorily required period of | 25 | | mediation
under this Act by the parties to the labor dispute | 26 | | causing a
delay in the initiation of arbitration, the |
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| 1 | | foregoing limitations shall be
inapplicable, and such awarded | 2 | | increases may be retroactive to the
commencement of the fiscal | 3 | | year, any other statute or charter provisions to
the contrary, | 4 | | notwithstanding. At any time the parties, by stipulation, may
| 5 | | amend or modify an award of arbitration.
| 6 | | (k) Orders of the arbitration panel shall be reviewable, | 7 | | upon
appropriate petition by either the public employer or the | 8 | | exclusive
bargaining representative, by the circuit court for | 9 | | the county in which the
dispute arose or in which a majority of | 10 | | the affected employees reside, but
only for reasons that the | 11 | | arbitration panel was without or exceeded its
statutory | 12 | | authority; the order is arbitrary, or capricious; or the order
| 13 | | was procured by fraud, collusion or other similar and unlawful | 14 | | means. Such
petitions for review must be filed with the | 15 | | appropriate circuit court
within 90 days following the | 16 | | issuance of the arbitration order. The
pendency of such | 17 | | proceeding for review shall not automatically stay the
order | 18 | | of the arbitration panel. The party against whom the final | 19 | | decision
of any such court shall be adverse, if such court | 20 | | finds such appeal or
petition to be frivolous, shall pay | 21 | | reasonable attorneys' fees and costs to
the successful party | 22 | | as determined by said court in its discretion. If said
court's | 23 | | decision affirms the award of money, such award, if | 24 | | retroactive,
shall bear interest at the rate of 12 percent per | 25 | | annum from the effective
retroactive date.
| 26 | | (l) During the pendency of proceedings before the |
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| 1 | | arbitration panel,
existing wages, hours, and other conditions | 2 | | of employment shall not be
changed by action of either party | 3 | | without the consent of the other but a
party may so consent | 4 | | without prejudice to his rights or position under
this Act. | 5 | | The proceedings are deemed to be pending before the | 6 | | arbitration
panel upon the initiation of arbitration | 7 | | procedures under this Act.
| 8 | | (m) Security officers of public employers, and Peace | 9 | | Officers, Fire
Fighters and fire department and fire | 10 | | protection district paramedics,
covered by this Section may | 11 | | not withhold services, nor may public employers
lock out or | 12 | | prevent such employees from performing services at any time.
| 13 | | (n) All of the terms decided upon by the arbitration panel | 14 | | shall be included
in an agreement to be submitted to the public | 15 | | employer's governing body
for ratification and adoption by | 16 | | law, ordinance or the equivalent
appropriate means.
| 17 | | The governing body shall review each term decided by the | 18 | | arbitration panel.
If the governing body fails to reject one | 19 | | or more terms of the
arbitration panel's decision by a 3/5 vote | 20 | | of those duly elected and
qualified members of the governing | 21 | | body, within 20 days of issuance, or
in the case of | 22 | | firefighters employed by a state university, at the next
| 23 | | regularly scheduled meeting of the governing body after | 24 | | issuance, such
term or terms shall become a part of the | 25 | | collective bargaining agreement of
the parties. If the | 26 | | governing body affirmatively rejects one or more terms
of the |
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| 1 | | arbitration panel's decision, it must provide reasons for such
| 2 | | rejection with respect to each term so rejected, within 20 | 3 | | days of such
rejection and the parties shall return to the | 4 | | arbitration panel
for further proceedings and issuance of a | 5 | | supplemental decision with respect
to the rejected terms. Any | 6 | | supplemental decision by an arbitration panel
or other | 7 | | decision maker agreed to by the parties shall be submitted to
| 8 | | the governing body for ratification and adoption in accordance | 9 | | with the
procedures and voting requirements set forth in this | 10 | | Section.
The voting requirements of this subsection shall | 11 | | apply to all disputes
submitted to arbitration pursuant to | 12 | | this Section notwithstanding any
contrary voting requirements | 13 | | contained in any existing collective
bargaining agreement | 14 | | between the parties.
| 15 | | (o) If the governing body of the employer votes to reject | 16 | | the panel's
decision, the parties shall return to the panel | 17 | | within 30 days from the
issuance of the reasons for rejection | 18 | | for further proceedings and issuance
of a supplemental | 19 | | decision. All reasonable costs of such supplemental
proceeding | 20 | | including the exclusive representative's reasonable attorney's
| 21 | | fees, as established by the Board, shall be paid by the | 22 | | employer.
| 23 | | (p) Notwithstanding the provisions of this Section the | 24 | | employer and
exclusive representative may agree to submit | 25 | | unresolved disputes concerning
wages, hours, terms and | 26 | | conditions of employment to an alternative form of
impasse |
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| 1 | | resolution.
| 2 | | The amendatory changes to this Section made by Public Act | 3 | | 101-652 take effect July 1, 2022. | 4 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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