Full Text of HB0889 94th General Assembly
HB0889 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0889
Introduced 2/2/2005, by Rep. John J. Millner SYNOPSIS AS INTRODUCED: |
|
5 ILCS 315/3 |
from Ch. 48, par. 1603 |
5 ILCS 315/14 |
from Ch. 48, par. 1614 |
5 ILCS 315/17 |
from Ch. 48, par. 1617 |
|
Amends the Illinois Public Labor Relations Act. With respect to the Act's provisions applicable to security employees, peace officers, fire fighters, and paramedics, includes emergency service support staff.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
HB0889 |
|
LRB094 07414 JAM 37576 b |
|
| 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 3, 14, and 17 as follows: | 6 |
| (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 7 |
| Sec. 3. Definitions. As used in this Act, unless the | 8 |
| context
otherwise requires:
| 9 |
| (a) "Board" means the Illinois
Labor Relations Board or, | 10 |
| with respect to a matter over which the
jurisdiction of the | 11 |
| Board is assigned to the State Panel or the Local Panel
under | 12 |
| Section 5, the panel having jurisdiction over the matter.
| 13 |
| (b) "Collective bargaining" means bargaining over terms | 14 |
| and conditions
of employment, including hours, wages, and other | 15 |
| conditions of employment,
as detailed in Section 7 and which | 16 |
| are not excluded by Section 4.
| 17 |
| (c) "Confidential employee" means an employee who, in the | 18 |
| regular course
of his or her duties, assists and acts in a | 19 |
| confidential capacity to persons
who formulate, determine, and | 20 |
| effectuate management policies with regard
to labor relations | 21 |
| or who, in the regular course of his or her duties, has
| 22 |
| authorized access to information relating to the effectuation
| 23 |
| or review of the employer's collective bargaining policies.
| 24 |
| (d) "Craft employees" means skilled journeymen, crafts | 25 |
| persons, and their
apprentices and helpers.
| 26 |
| (d-1) "Emergency service support staff" means, for the | 27 |
| purposes of this Act only, any persons who have been or are | 28 |
| hereafter employed as a clerk, dispatcher, or telecommunicator | 29 |
| of a police, sheriff, or fire department, community service | 30 |
| officer, bailiff, deputy coroner, or court security officer, | 31 |
| excluding part-time employees.
| 32 |
| (e) "Essential services employees" means those public |
|
|
|
HB0889 |
- 2 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| employees
performing functions so essential that the | 2 |
| interruption or termination of
the function will constitute a | 3 |
| clear and present danger to the health and
safety of the | 4 |
| persons in the affected community.
| 5 |
| (f) "Exclusive representative", except with respect to | 6 |
| non-State fire
fighters and paramedics employed by fire | 7 |
| departments and fire protection
districts, non-State peace | 8 |
| officers, and peace officers in the
Department of State Police, | 9 |
| means the labor organization that has
been (i) designated by | 10 |
| the Board as the representative of a majority of public
| 11 |
| employees in an appropriate bargaining unit in accordance with | 12 |
| the procedures
contained in this Act, (ii) historically
| 13 |
| recognized by the State of Illinois or
any political | 14 |
| subdivision of the State before July 1, 1984
(the effective | 15 |
| date of this
Act) as the exclusive representative of the | 16 |
| employees in an appropriate
bargaining unit, (iii) after July | 17 |
| 1, 1984 (the
effective date of this Act) recognized by an
| 18 |
| employer upon evidence, acceptable to the Board, that the labor
| 19 |
| organization has been designated as the exclusive | 20 |
| representative by a
majority of the employees in an appropriate | 21 |
| bargaining unit;
or (iv) recognized as the exclusive | 22 |
| representative of personal care attendants
or personal
| 23 |
| assistants under Executive Order 2003-8 prior to the effective | 24 |
| date of this
amendatory
Act of the 93rd General Assembly, and | 25 |
| the organization shall be considered to
be the
exclusive | 26 |
| representative of the personal care attendants or personal | 27 |
| assistants
as defined
in this Section.
| 28 |
| With respect to non-State fire fighters and paramedics | 29 |
| employed by fire
departments and fire protection districts, | 30 |
| non-State peace officers, and
peace officers in the Department | 31 |
| of State Police,
"exclusive representative" means the labor | 32 |
| organization that has
been (i) designated by the Board as the | 33 |
| representative of a majority of peace
officers or fire fighters | 34 |
| in an appropriate bargaining unit in accordance
with the | 35 |
| procedures contained in this Act, (ii)
historically recognized
| 36 |
| by the State of Illinois or any political subdivision of the |
|
|
|
HB0889 |
- 3 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| State before
January 1, 1986 (the effective date of this | 2 |
| amendatory Act of 1985) as the exclusive
representative by a | 3 |
| majority of the peace officers or fire fighters in an
| 4 |
| appropriate bargaining unit, or (iii) after January 1,
1986 | 5 |
| (the effective date of this amendatory
Act of 1985) recognized | 6 |
| by an employer upon evidence, acceptable to the
Board, that the | 7 |
| labor organization has been designated as the exclusive
| 8 |
| representative by a majority of the peace officers or fire | 9 |
| fighters in an
appropriate bargaining unit.
| 10 |
| (g) "Fair share agreement" means an agreement between the | 11 |
| employer and
an employee organization under which all or any of | 12 |
| the employees in a
collective bargaining unit are required to | 13 |
| pay their proportionate share of
the costs of the collective | 14 |
| bargaining process, contract administration, and
pursuing | 15 |
| matters affecting wages, hours, and other conditions of | 16 |
| employment,
but not to exceed the amount of dues uniformly | 17 |
| required of members. The
amount certified by the exclusive | 18 |
| representative shall not include any fees
for contributions | 19 |
| related to the election or support of any candidate for
| 20 |
| political office. Nothing in this subsection (g) shall
preclude | 21 |
| an employee from making
voluntary political contributions in | 22 |
| conjunction with his or her fair share
payment.
| 23 |
| (g-1) "Fire fighter" means, for the purposes of this Act | 24 |
| only, any
person who has been or is hereafter appointed to a | 25 |
| fire department or fire
protection district or employed by a | 26 |
| state university and sworn or
commissioned to perform fire | 27 |
| fighter duties or paramedic duties, except that the
following | 28 |
| persons are not included: part-time fire fighters,
auxiliary, | 29 |
| reserve or voluntary fire fighters, including paid on-call fire
| 30 |
| fighters, clerks and dispatchers or other civilian employees of | 31 |
| a fire
department or fire protection district who are not | 32 |
| routinely expected to
perform fire fighter duties, or elected | 33 |
| officials.
| 34 |
| (g-2) "General Assembly of the State of Illinois" means the
| 35 |
| legislative branch of the government of the State of Illinois, | 36 |
| as provided
for under Article IV of the Constitution of the |
|
|
|
HB0889 |
- 4 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| State of Illinois, and
includes but is not limited to the House | 2 |
| of Representatives, the Senate,
the Speaker of the House of | 3 |
| Representatives, the Minority Leader of the
House of | 4 |
| Representatives, the President of the Senate, the Minority | 5 |
| Leader
of the Senate, the Joint Committee on Legislative | 6 |
| Support Services and any
legislative support services agency | 7 |
| listed in the Legislative Commission
Reorganization Act of | 8 |
| 1984.
| 9 |
| (h) "Governing body" means, in the case of the State, the | 10 |
| State Panel of
the Illinois Labor Relations Board, the Director | 11 |
| of the Department of Central
Management Services, and the | 12 |
| Director of the Department of Labor; the county
board in the | 13 |
| case of a county; the corporate authorities in the case of a
| 14 |
| municipality; and the appropriate body authorized to provide | 15 |
| for expenditures
of its funds in the case of any other unit of | 16 |
| government.
| 17 |
| (i) "Labor organization" means any organization in which | 18 |
| public employees
participate and that exists for the purpose, | 19 |
| in whole or in part, of dealing
with a public employer | 20 |
| concerning wages, hours, and other terms and conditions
of | 21 |
| employment, including the settlement of grievances.
| 22 |
| (j) "Managerial employee" means an individual who is | 23 |
| engaged
predominantly in executive and management functions | 24 |
| and is charged with the
responsibility of directing the | 25 |
| effectuation of management policies
and practices.
| 26 |
| (k) "Peace officer" means, for the purposes of this Act | 27 |
| only, any
persons who have been or are hereafter appointed to a | 28 |
| police force,
department, or agency and sworn or commissioned | 29 |
| to perform police duties,
except that the following persons are | 30 |
| not
included: part-time police
officers, special police | 31 |
| officers, auxiliary police as defined by Section
3.1-30-20 of | 32 |
| the Illinois Municipal Code, night watchmen, "merchant | 33 |
| police",
court security officers as defined by Section 3-6012.1 | 34 |
| of the Counties
Code,
temporary employees, traffic guards or | 35 |
| wardens, civilian parking meter and
parking facilities | 36 |
| personnel or other individuals specially appointed to
aid or |
|
|
|
HB0889 |
- 5 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| direct traffic at or near schools or public functions or to aid | 2 |
| in
civil defense or disaster, parking enforcement employees who | 3 |
| are not
commissioned as peace officers and who are not armed | 4 |
| and who are not
routinely expected to effect arrests, parking | 5 |
| lot attendants, clerks and
dispatchers or other civilian | 6 |
| employees of a police department who are not
routinely expected | 7 |
| to effect arrests, or elected officials.
| 8 |
| (l) "Person" includes one or more individuals, labor | 9 |
| organizations, public
employees, associations, corporations, | 10 |
| legal representatives, trustees,
trustees in bankruptcy, | 11 |
| receivers, or the State of Illinois or any political
| 12 |
| subdivision of the State or governing body, but does not | 13 |
| include the General
Assembly of the State of Illinois or any | 14 |
| individual employed by the General
Assembly of the State of | 15 |
| Illinois.
| 16 |
| (m) "Professional employee" means any employee engaged in | 17 |
| work predominantly
intellectual and varied in character rather | 18 |
| than routine mental, manual,
mechanical or physical work; | 19 |
| involving the consistent exercise of discretion
and adjustment | 20 |
| in its performance; of such a character that the output | 21 |
| produced
or the result accomplished cannot be standardized in | 22 |
| relation to a given
period of time; and requiring advanced | 23 |
| knowledge in a field of science or
learning customarily | 24 |
| acquired by a prolonged course of specialized intellectual
| 25 |
| instruction and study in an institution of higher learning or a | 26 |
| hospital,
as distinguished from a general academic education or | 27 |
| from apprenticeship
or from training in the performance of | 28 |
| routine mental, manual, or physical
processes; or any employee | 29 |
| who has completed the courses of specialized
intellectual | 30 |
| instruction and study prescribed in this subsection (m) and is
| 31 |
| performing related
work under the supervision of a professional | 32 |
| person to qualify to become
a professional employee as defined | 33 |
| in this subsection (m).
| 34 |
| (n) "Public employee" or "employee", for the purposes of | 35 |
| this Act, means
any individual employed by a public employer, | 36 |
| including interns and residents
at public hospitals
and, as of |
|
|
|
HB0889 |
- 6 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| the effective date of this amendatory Act of the 93rd General
| 2 |
| Assembly, but not
before, personal care attendants and personal | 3 |
| assistants working under the Home
Services
Program under | 4 |
| Section 3 of the Disabled Persons Rehabilitation Act, subject | 5 |
| to
the
limitations set forth in this Act and in the Disabled | 6 |
| Persons Rehabilitation
Act,
but excluding all of the following: | 7 |
| employees of the
General Assembly of the State of Illinois; | 8 |
| elected officials; executive
heads of a department; members of | 9 |
| boards or commissions; the Executive
Inspectors General; any | 10 |
| special Executive Inspectors General; employees of each
Office | 11 |
| of an Executive Inspector General;
commissioners and employees | 12 |
| of the Executive Ethics Commission; the Auditor
General's | 13 |
| Inspector General; employees of the Office of the Auditor | 14 |
| General's
Inspector General; the Legislative Inspector | 15 |
| General; any special Legislative
Inspectors General; employees | 16 |
| of the Office
of the Legislative Inspector General;
| 17 |
| commissioners and employees of the Legislative Ethics | 18 |
| Commission;
employees
of any
agency, board or commission | 19 |
| created by this Act; employees appointed to
State positions of | 20 |
| a temporary or emergency nature; all employees of school
| 21 |
| districts and higher education institutions except | 22 |
| firefighters and peace
officers employed
by a state university; | 23 |
| managerial employees; short-term employees;
confidential | 24 |
| employees; independent contractors; and supervisors except as
| 25 |
| provided in this Act.
| 26 |
| Personal care attendants and personal assistants shall not | 27 |
| be considered
public
employees for any purposes not | 28 |
| specifically provided for in this amendatory Act
of the
93rd | 29 |
| General Assembly, including but not limited to, purposes of | 30 |
| vicarious
liability in tort
and purposes of statutory | 31 |
| retirement or health insurance benefits. Personal
care
| 32 |
| attendants and personal assistants shall not be covered by the | 33 |
| State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| 34 |
| Notwithstanding Section 9, subsection (c), or any other | 35 |
| provisions of
this Act, all peace officers above the rank of | 36 |
| captain in
municipalities with more than 1,000,000 inhabitants |
|
|
|
HB0889 |
- 7 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| shall be excluded
from this Act.
| 2 |
| (o) "Public employer" or "employer" means the State of | 3 |
| Illinois; any
political subdivision of the State, unit of local | 4 |
| government or school
district; authorities including | 5 |
| departments, divisions, bureaus, boards,
commissions, or other | 6 |
| agencies of the foregoing entities; and any person
acting | 7 |
| within the scope of his or her authority, express or implied, | 8 |
| on
behalf of those entities in dealing with its employees.
As | 9 |
| of the effective date of this amendatory Act of the 93rd | 10 |
| General Assembly,
but not
before, the State of Illinois shall | 11 |
| be considered the employer of the personal
care
attendants and | 12 |
| personal assistants working under the Home Services Program
| 13 |
| under
Section 3 of the Disabled Persons Rehabilitation Act, | 14 |
| subject to the
limitations set forth
in this Act and in the | 15 |
| Disabled Persons Rehabilitation Act. The State shall not
be
| 16 |
| considered to be the employer of personal care attendants and | 17 |
| personal
assistants for any
purposes not specifically provided | 18 |
| for in this amendatory Act of the 93rd
General
Assembly, | 19 |
| including but not limited to, purposes of vicarious liability | 20 |
| in tort
and
purposes of statutory retirement or health | 21 |
| insurance benefits. Personal care
attendants
and personal | 22 |
| assistants shall not be covered by the State Employees Group
| 23 |
| Insurance Act of 1971
(5 ILCS 375/).
"Public employer" or
| 24 |
| "employer" as used in this Act, however, does not
mean and | 25 |
| shall not include the General Assembly of the State of | 26 |
| Illinois,
the Executive Ethics Commission, the Offices of the | 27 |
| Executive Inspectors
General, the Legislative Ethics | 28 |
| Commission, the Office of the Legislative
Inspector General, | 29 |
| the Office of the Auditor General's Inspector General,
and | 30 |
| educational employers or employers as defined in the Illinois
| 31 |
| Educational Labor Relations Act, except with respect to a state | 32 |
| university in
its employment of firefighters and peace | 33 |
| officers. County boards and county
sheriffs shall be
designated | 34 |
| as joint or co-employers of county peace officers appointed
| 35 |
| under the authority of a county sheriff. Nothing in this | 36 |
| subsection
(o) shall be construed
to prevent the State Panel or |
|
|
|
HB0889 |
- 8 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| the Local Panel
from determining that employers are joint or | 2 |
| co-employers.
| 3 |
| (p) "Security employee" means an employee who is | 4 |
| responsible for the
supervision and control of inmates at | 5 |
| correctional facilities. The term
also includes other | 6 |
| non-security employees in bargaining units having the
majority | 7 |
| of employees being responsible for the supervision and control | 8 |
| of
inmates at correctional facilities.
| 9 |
| (q) "Short-term employee" means an employee who is employed | 10 |
| for less
than 2 consecutive calendar quarters during a calendar | 11 |
| year and who does
not have a reasonable assurance that he or | 12 |
| she will be rehired by the
same employer for the same service | 13 |
| in a subsequent calendar year.
| 14 |
| (r) "Supervisor" is an employee whose principal work is | 15 |
| substantially
different from that of his or her subordinates | 16 |
| and who has authority, in the
interest of the employer, to | 17 |
| hire, transfer, suspend, lay off, recall,
promote, discharge, | 18 |
| direct, reward, or discipline employees, to adjust
their | 19 |
| grievances, or to effectively recommend any of those actions, | 20 |
| if the
exercise
of that authority is not of a merely routine or | 21 |
| clerical nature, but
requires the consistent use of independent | 22 |
| judgment. Except with respect to
police employment, the term | 23 |
| "supervisor" includes only those individuals
who devote a | 24 |
| preponderance of their employment time to exercising that
| 25 |
| authority, State supervisors notwithstanding. In addition, in | 26 |
| determining
supervisory status in police employment, rank | 27 |
| shall not be determinative.
The Board shall consider, as | 28 |
| evidence of bargaining unit inclusion or
exclusion, the common | 29 |
| law enforcement policies and relationships between
police | 30 |
| officer ranks and certification under applicable civil service | 31 |
| law,
ordinances, personnel codes, or Division 2.1 of Article 10 | 32 |
| of the Illinois
Municipal Code, but these factors shall not
be | 33 |
| the sole or predominant factors considered by the Board in | 34 |
| determining
police supervisory status.
| 35 |
| Notwithstanding the provisions of the preceding paragraph, | 36 |
| in determining
supervisory status in fire fighter employment, |
|
|
|
HB0889 |
- 9 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| no fire fighter shall be
excluded as a supervisor who has | 2 |
| established representation rights under
Section 9 of this Act. | 3 |
| Further, in new fire fighter units, employees shall
consist of | 4 |
| fire fighters of the rank of company officer and below. If a | 5 |
| company officer otherwise qualifies as a supervisor under the | 6 |
| preceding paragraph, however, he or she shall
not be included | 7 |
| in the fire fighter
unit. If there is no rank between that of | 8 |
| chief and the
highest company officer, the employer may | 9 |
| designate a position on each
shift as a Shift Commander, and | 10 |
| the persons occupying those positions shall
be supervisors. All | 11 |
| other ranks above that of company officer shall be
supervisors.
| 12 |
| (s) (1) "Unit" means a class of jobs or positions that are | 13 |
| held by
employees whose collective interests may suitably | 14 |
| be represented by a labor
organization for collective | 15 |
| bargaining. Except with respect to non-State fire
fighters | 16 |
| and paramedics employed by fire departments and fire | 17 |
| protection
districts, non-State peace officers, and peace | 18 |
| officers in the Department of
State Police, a bargaining | 19 |
| unit determined by the Board shall not include both
| 20 |
| employees and supervisors, or supervisors only, except as | 21 |
| provided in paragraph
(2) of this subsection (s) and except | 22 |
| for bargaining units in existence on July
1, 1984 (the | 23 |
| effective date of this Act). With respect to non-State fire
| 24 |
| fighters and paramedics employed by fire departments and | 25 |
| fire protection
districts, non-State peace officers, and | 26 |
| peace officers in the Department of
State Police, a | 27 |
| bargaining unit determined by the Board shall not include | 28 |
| both
supervisors and nonsupervisors, or supervisors only, | 29 |
| except as provided in
paragraph (2) of this subsection (s) | 30 |
| and except for bargaining units in
existence on January 1, | 31 |
| 1986 (the effective date of this amendatory Act of
1985). A | 32 |
| bargaining unit determined by the Board to contain peace | 33 |
| officers
shall contain no employees other than peace | 34 |
| officers unless otherwise agreed to
by the employer and the | 35 |
| labor organization or labor organizations involved.
| 36 |
| Notwithstanding any other provision of this Act, a |
|
|
|
HB0889 |
- 10 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| bargaining unit, including a
historical bargaining unit, | 2 |
| containing sworn peace officers of the Department
of | 3 |
| Natural Resources (formerly designated the Department of | 4 |
| Conservation) shall
contain no employees other than such | 5 |
| sworn peace officers upon the effective
date of this | 6 |
| amendatory Act of 1990 or upon the expiration date of any
| 7 |
| collective bargaining agreement in effect upon the | 8 |
| effective date of this
amendatory Act of 1990 covering both | 9 |
| such sworn peace officers and other
employees.
| 10 |
| (2) Notwithstanding the exclusion of supervisors from | 11 |
| bargaining units
as provided in paragraph (1) of this | 12 |
| subsection (s), a public
employer may agree to permit its | 13 |
| supervisory employees to form bargaining units
and may | 14 |
| bargain with those units. This Act shall apply if the | 15 |
| public employer
chooses to bargain under this subsection.
| 16 |
| (Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03.)
| 17 |
| (5 ILCS 315/14) (from Ch. 48, par. 1614)
| 18 |
| Sec. 14. Security Employee, Peace Officer and Fire Fighter | 19 |
| Disputes.
| 20 |
| (a) In the case of collective bargaining agreements | 21 |
| involving units of
security employees of a public employer, | 22 |
| Peace Officer Units, or units of
fire fighters or paramedics, | 23 |
| or units of emergency service support staff, and in the case of | 24 |
| disputes under Section 18,
unless the parties mutually agree to | 25 |
| some other time limit, mediation
shall commence 30 days prior | 26 |
| to the expiration date of such agreement or
at such later time | 27 |
| as the mediation services chosen under subsection (b) of
| 28 |
| Section 12 can be provided to the parties. In the case of | 29 |
| negotiations
for an initial collective bargaining agreement, | 30 |
| mediation shall commence
upon 15 days notice from either party | 31 |
| or at such later time as the
mediation services chosen pursuant | 32 |
| to subsection (b) of Section 12 can be
provided to the parties. | 33 |
| In mediation under this Section, if either party
requests the | 34 |
| use of mediation services from the Federal Mediation and
| 35 |
| Conciliation Service, the other party shall either join in such |
|
|
|
HB0889 |
- 11 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| request or
bear the additional cost of mediation services from | 2 |
| another source. The
mediator shall have a duty to keep the | 3 |
| Board informed on the progress of
the mediation. If any dispute | 4 |
| has not been resolved within 15 days after
the first meeting of | 5 |
| the parties and the mediator, or within such other
time limit | 6 |
| as may be mutually agreed upon by the parties, either the
| 7 |
| exclusive representative or employer may request of the other, | 8 |
| in writing,
arbitration, and shall submit a copy of the request | 9 |
| to the Board.
| 10 |
| (b) Within 10 days after such a request for arbitration has | 11 |
| been
made, the employer shall choose a delegate and
the | 12 |
| employees' exclusive representative shall choose a delegate to | 13 |
| a panel
of arbitration as provided in this Section. The | 14 |
| employer and employees
shall forthwith advise the other and the | 15 |
| Board of their selections.
| 16 |
| (c) Within 7 days of the request of either party, the Board | 17 |
| shall select
from the Public Employees Labor Mediation Roster 7 | 18 |
| persons who are on the
labor arbitration panels of either the | 19 |
| American Arbitration Association or
the Federal Mediation and | 20 |
| Conciliation Service, or who are members of the
National | 21 |
| Academy of Arbitrators, as nominees for
impartial arbitrator of | 22 |
| the arbitration panel. The parties may select an
individual on | 23 |
| the list provided by the Board or any other individual
mutually | 24 |
| agreed upon by the parties. Within 7 days following the receipt
| 25 |
| of the list, the parties shall notify the Board of the person | 26 |
| they have
selected. Unless the parties agree on an alternate | 27 |
| selection procedure,
they shall alternatively strike one name | 28 |
| from the list provided by the
Board until only one name | 29 |
| remains. A coin toss shall determine which party
shall strike | 30 |
| the first name. If the parties fail to notify the Board in a
| 31 |
| timely manner of their selection for neutral chairman, the | 32 |
| Board shall
appoint a neutral chairman from the Illinois Public | 33 |
| Employees
Mediation/Arbitration Roster.
| 34 |
| (d) The chairman shall call a hearing to begin within 15 | 35 |
| days and give
reasonable notice of the time and place of the | 36 |
| hearing. The hearing
shall be held at the offices of the Board |
|
|
|
HB0889 |
- 12 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| or at such other location as the
Board deems appropriate. The | 2 |
| chairman shall preside over the hearing and
shall take | 3 |
| testimony. Any oral or documentary evidence and other data
| 4 |
| deemed relevant by the arbitration panel may be received in | 5 |
| evidence. The
proceedings shall be informal. Technical rules of | 6 |
| evidence shall not apply
and the competency of the evidence | 7 |
| shall not thereby be deemed impaired. A
verbatim record of the | 8 |
| proceedings shall be made and the arbitrator shall
arrange for | 9 |
| the necessary recording service. Transcripts may be ordered at
| 10 |
| the expense of the party ordering them, but the transcripts | 11 |
| shall not be
necessary for a decision by the arbitration panel. | 12 |
| The expense of the
proceedings, including a fee for the | 13 |
| chairman, established in advance by
the Board, shall be borne | 14 |
| equally by each of the parties to the dispute.
The delegates, | 15 |
| if public officers or employees, shall continue on the
payroll | 16 |
| of the public employer without loss of pay. The hearing | 17 |
| conducted
by the arbitration panel may be adjourned from time | 18 |
| to time, but unless
otherwise agreed by the parties, shall be | 19 |
| concluded within 30 days of the
time of its commencement. | 20 |
| Majority actions and rulings shall constitute
the actions and | 21 |
| rulings of the arbitration panel. Arbitration proceedings
| 22 |
| under this Section shall not be interrupted or terminated by | 23 |
| reason of any
unfair labor practice charge filed by either | 24 |
| party at any time.
| 25 |
| (e) The arbitration panel may administer oaths, require the | 26 |
| attendance
of witnesses, and the production of such books, | 27 |
| papers, contracts, agreements
and documents as may be deemed by | 28 |
| it material to a just determination of
the issues in dispute, | 29 |
| and for such purpose may issue subpoenas. If any
person refuses | 30 |
| to obey a subpoena, or refuses to be sworn or to testify,
or if | 31 |
| any witness, party or attorney is guilty of any contempt while | 32 |
| in
attendance at any hearing, the arbitration panel may, or the | 33 |
| attorney general
if requested shall, invoke the aid of any | 34 |
| circuit court within the jurisdiction
in which the hearing is | 35 |
| being held, which court shall issue an appropriate
order. Any | 36 |
| failure to obey the order may be punished by the court as |
|
|
|
HB0889 |
- 13 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| contempt.
| 2 |
| (f) At any time before the rendering of an award, the | 3 |
| chairman of the
arbitration panel, if he is of the opinion that | 4 |
| it would be useful or
beneficial to do so, may remand the | 5 |
| dispute to the parties for further
collective bargaining for a | 6 |
| period not to exceed 2 weeks. If the dispute
is remanded for | 7 |
| further collective bargaining the time provisions of this
Act | 8 |
| shall be extended for a time period equal to that of the | 9 |
| remand. The
chairman of the panel of arbitration shall notify | 10 |
| the Board of the remand.
| 11 |
| (g) At or before the conclusion of the hearing held | 12 |
| pursuant to subsection
(d), the arbitration panel shall | 13 |
| identify the economic issues in dispute,
and direct each of the | 14 |
| parties to submit, within such time limit as the
panel shall | 15 |
| prescribe, to the arbitration panel and to each other its last
| 16 |
| offer of settlement on each economic issue. The determination | 17 |
| of the
arbitration panel as to the issues in dispute and as to | 18 |
| which of these
issues are economic shall be conclusive. The | 19 |
| arbitration panel, within 30
days after the conclusion of the | 20 |
| hearing, or such further additional
periods to which the | 21 |
| parties may agree, shall make written findings of fact
and | 22 |
| promulgate a written opinion and shall mail or otherwise | 23 |
| deliver a true
copy thereof to the parties and their | 24 |
| representatives and to the Board. As
to each economic issue, | 25 |
| the arbitration panel shall adopt the last offer of
settlement | 26 |
| which, in the opinion of the arbitration panel, more nearly
| 27 |
| complies with the applicable factors prescribed in subsection | 28 |
| (h). The
findings, opinions and order as to all other issues | 29 |
| shall be based upon the
applicable factors prescribed in | 30 |
| subsection (h).
| 31 |
| (h) Where there is no agreement between the parties, or | 32 |
| where there is
an agreement but the parties have begun | 33 |
| negotiations or discussions looking
to a new agreement or | 34 |
| amendment of the existing agreement, and wage rates
or other | 35 |
| conditions of employment under the proposed new or amended | 36 |
| agreement
are in dispute, the arbitration panel shall base its |
|
|
|
HB0889 |
- 14 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| findings, opinions
and order upon the following factors, as | 2 |
| applicable:
| 3 |
| (1) The lawful authority of the employer.
| 4 |
| (2) Stipulations of the parties.
| 5 |
| (3) The interests and welfare of the public and the | 6 |
| financial ability
of the unit of government to meet those | 7 |
| costs.
| 8 |
| (4) Comparison of the wages, hours and conditions of | 9 |
| employment of the
employees involved in the arbitration | 10 |
| proceeding with the wages, hours and
conditions of | 11 |
| employment of other employees performing similar services
| 12 |
| and with other employees generally:
| 13 |
| (A) In public employment in comparable | 14 |
| communities.
| 15 |
| (B) In private employment in comparable | 16 |
| communities.
| 17 |
| (5) The average consumer prices for goods and services, | 18 |
| commonly known
as the cost of living.
| 19 |
| (6) The overall compensation presently received by the | 20 |
| employees,
including
direct wage compensation, vacations, | 21 |
| holidays and other excused time, insurance
and pensions, | 22 |
| medical and hospitalization benefits, the continuity and
| 23 |
| stability of employment and all other benefits received.
| 24 |
| (7) Changes in any of the foregoing circumstances | 25 |
| during the pendency
of the arbitration proceedings.
| 26 |
| (8) Such other factors, not confined to the foregoing, | 27 |
| which are normally
or traditionally taken into | 28 |
| consideration in the determination of wages,
hours and | 29 |
| conditions of employment through voluntary collective | 30 |
| bargaining,
mediation, fact-finding, arbitration or | 31 |
| otherwise between the parties, in
the public service or in | 32 |
| private employment.
| 33 |
| (i) In the case of peace officers, the arbitration decision | 34 |
| shall be
limited to wages, hours, and conditions of employment | 35 |
| (which may include
residency requirements in municipalities | 36 |
| with a population under 1,000,000, but
those residency |
|
|
|
HB0889 |
- 15 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| requirements shall not allow residency outside of Illinois)
and | 2 |
| shall not include
the following: i) residency requirements in | 3 |
| municipalities with a population
of at least 1,000,000; ii) the | 4 |
| type of equipment, other
than uniforms, issued or used; iii) | 5 |
| manning; iv) the total number of
employees employed by the | 6 |
| department; v) mutual aid and assistance
agreements to other | 7 |
| units of government; and vi) the criterion pursuant to
which | 8 |
| force, including deadly force, can be used; provided, nothing | 9 |
| herein
shall preclude an arbitration decision regarding | 10 |
| equipment or manning
levels if such decision is based on a | 11 |
| finding that the equipment or manning
considerations in a | 12 |
| specific work assignment involve a serious risk to the
safety | 13 |
| of a peace officer beyond that which is inherent in the normal
| 14 |
| performance of police duties. Limitation of the terms of the | 15 |
| arbitration
decision pursuant to this subsection shall not be | 16 |
| construed to limit the
factors upon which the decision may be | 17 |
| based, as set forth in subsection (h).
| 18 |
| In the case of fire fighter, and fire department or fire | 19 |
| district paramedic
matters, the arbitration decision shall be | 20 |
| limited to wages, hours, and
conditions of employment (which | 21 |
| may include residency requirements in
municipalities with a | 22 |
| population under 1,000,000, but those residency
requirements | 23 |
| shall not allow residency outside of Illinois) and shall not
| 24 |
| include the
following matters: i) residency requirements in | 25 |
| municipalities with a
population of at least 1,000,000; ii) the | 26 |
| type of equipment (other than
uniforms and fire fighter turnout | 27 |
| gear) issued or used; iii) the total
number of employees | 28 |
| employed by the department; iv) mutual aid and
assistance | 29 |
| agreements to other units of government; and v) the criterion
| 30 |
| pursuant to which force, including deadly force, can be used; | 31 |
| provided,
however, nothing herein shall preclude an | 32 |
| arbitration decision regarding
equipment levels if such | 33 |
| decision is based on a finding that the equipment
| 34 |
| considerations in a specific work assignment involve a serious | 35 |
| risk to the
safety of a fire fighter beyond that which is | 36 |
| inherent in the normal
performance of fire fighter duties. |
|
|
|
HB0889 |
- 16 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| Limitation of the terms of the
arbitration decision pursuant to | 2 |
| this subsection shall not be construed to
limit the facts upon | 3 |
| which the decision may be based, as set forth in
subsection | 4 |
| (h).
| 5 |
| The changes to this subsection (i) made by Public Act | 6 |
| 90-385 (relating to residency requirements) do not
apply to | 7 |
| persons who are employed by a combined department that performs | 8 |
| both
police and firefighting services; these persons shall be | 9 |
| governed by the
provisions of this subsection (i) relating to | 10 |
| peace officers, as they existed
before the amendment by Public | 11 |
| Act 90-385.
| 12 |
| To preserve historical bargaining rights, this subsection | 13 |
| shall not apply
to any provision of a fire fighter collective | 14 |
| bargaining agreement in effect
and applicable on the effective | 15 |
| date of this Act; provided, however, nothing
herein shall | 16 |
| preclude arbitration with respect to any such provision.
| 17 |
| (j) Arbitration procedures shall be deemed to be initiated | 18 |
| by the
filing of a letter requesting mediation as required | 19 |
| under subsection (a)
of this Section. The commencement of a new | 20 |
| municipal fiscal year after the
initiation of arbitration | 21 |
| procedures under this Act, but before the
arbitration decision, | 22 |
| or its enforcement, shall not be deemed to render a
dispute | 23 |
| moot, or to otherwise impair the jurisdiction or authority of | 24 |
| the
arbitration panel or its decision. Increases in rates
of | 25 |
| compensation awarded by the arbitration panel may be effective | 26 |
| only at
the start of the fiscal year next commencing after the | 27 |
| date of the arbitration
award. If a new fiscal year has | 28 |
| commenced either since the initiation of
arbitration | 29 |
| procedures under this Act or since any mutually agreed
| 30 |
| extension of the statutorily required period of mediation
under | 31 |
| this Act by the parties to the labor dispute causing a
delay in | 32 |
| the initiation of arbitration, the foregoing limitations shall | 33 |
| be
inapplicable, and such awarded increases may be retroactive | 34 |
| to the
commencement of the fiscal year, any other statute or | 35 |
| charter provisions to
the contrary, notwithstanding. At any | 36 |
| time the parties, by stipulation, may
amend or modify an award |
|
|
|
HB0889 |
- 17 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| of arbitration.
| 2 |
| (k) Orders of the arbitration panel shall be reviewable, | 3 |
| upon
appropriate petition by either the public employer or the | 4 |
| exclusive
bargaining representative, by the circuit court for | 5 |
| the county in which the
dispute arose or in which a majority of | 6 |
| the affected employees reside, but
only for reasons that the | 7 |
| arbitration panel was without or exceeded its
statutory | 8 |
| authority; the order is arbitrary, or capricious; or the order
| 9 |
| was procured by fraud, collusion or other similar and unlawful | 10 |
| means. Such
petitions for review must be filed with the | 11 |
| appropriate circuit court
within 90 days following the issuance | 12 |
| of the arbitration order. The
pendency of such proceeding for | 13 |
| review shall not automatically stay the
order of the | 14 |
| arbitration panel. The party against whom the final decision
of | 15 |
| any such court shall be adverse, if such court finds such | 16 |
| appeal or
petition to be frivolous, shall pay reasonable | 17 |
| attorneys' fees and costs to
the successful party as determined | 18 |
| by said court in its discretion. If said
court's decision | 19 |
| affirms the award of money, such award, if retroactive,
shall | 20 |
| bear interest at the rate of 12 percent per annum from the | 21 |
| effective
retroactive date.
| 22 |
| (l) During the pendency of proceedings before the | 23 |
| arbitration panel,
existing wages, hours, and other conditions | 24 |
| of employment shall not be
changed by action of either party | 25 |
| without the consent of the other but a
party may so consent | 26 |
| without prejudice to his rights or position under
this Act. The | 27 |
| proceedings are deemed to be pending before the arbitration
| 28 |
| panel upon the initiation of arbitration procedures under this | 29 |
| Act.
| 30 |
| (m) Security officers of public employers, and Peace | 31 |
| Officers, Fire
Fighters and fire department and fire protection | 32 |
| district paramedics,
and units of emergency service support | 33 |
| staff, covered by this Section may not withhold services, nor | 34 |
| may public employers
lock out or prevent such employees from | 35 |
| performing services at any time.
| 36 |
| (n) All of the terms decided upon by the arbitration panel |
|
|
|
HB0889 |
- 18 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| shall be included
in an agreement to be submitted to the public | 2 |
| employer's governing body
for ratification and adoption by law, | 3 |
| ordinance or the equivalent
appropriate means.
| 4 |
| The governing body shall review each term decided by the | 5 |
| arbitration panel.
If the governing body fails to reject one or | 6 |
| more terms of the
arbitration panel's decision by a 3/5 vote of | 7 |
| those duly elected and
qualified members of the governing body, | 8 |
| within 20 days of issuance, or
in the case of firefighters | 9 |
| employed by a state university, at the next
regularly scheduled | 10 |
| meeting of the governing body after issuance, such
term or | 11 |
| terms shall become a part of the collective bargaining | 12 |
| agreement of
the parties. If the governing body affirmatively | 13 |
| rejects one or more terms
of the arbitration panel's decision, | 14 |
| it must provide reasons for such
rejection with respect to each | 15 |
| term so rejected, within 20 days of such
rejection and the | 16 |
| parties shall return to the arbitration panel
for further | 17 |
| proceedings and issuance of a supplemental decision with | 18 |
| respect
to the rejected terms. Any supplemental decision by an | 19 |
| arbitration panel
or other decision maker agreed to by the | 20 |
| parties shall be submitted to
the governing body for | 21 |
| ratification and adoption in accordance with the
procedures and | 22 |
| voting requirements set forth in this Section.
The voting | 23 |
| requirements of this subsection shall apply to all disputes
| 24 |
| submitted to arbitration pursuant to this Section | 25 |
| notwithstanding any
contrary voting requirements contained in | 26 |
| any existing collective
bargaining agreement between the | 27 |
| parties.
| 28 |
| (o) If the governing body of the employer votes to reject | 29 |
| the panel's
decision, the parties shall return to the panel | 30 |
| within 30 days from the
issuance of the reasons for rejection | 31 |
| for further proceedings and issuance
of a supplemental | 32 |
| decision. All reasonable costs of such supplemental
proceeding | 33 |
| including the exclusive representative's reasonable attorney's
| 34 |
| fees, as established by the Board, shall be paid by the | 35 |
| employer.
| 36 |
| (p) Notwithstanding the provisions of this Section the |
|
|
|
HB0889 |
- 19 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| employer and
exclusive representative may agree to submit | 2 |
| unresolved disputes concerning
wages, hours, terms and | 3 |
| conditions of employment to an alternative form of
impasse | 4 |
| resolution.
| 5 |
| (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; | 6 |
| 90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)
| 7 |
| (5 ILCS 315/17) (from Ch. 48, par. 1617)
| 8 |
| Sec. 17. Right to Strike. (a) Nothing in this Act shall | 9 |
| make it unlawful
or make it an unfair labor practice for public | 10 |
| employees, other than security
employees, as defined in Section | 11 |
| 3(p), Peace Officers, Fire Fighters,
and paramedics employed by | 12 |
| fire departments and fire protection districts,
and emergency | 13 |
| service support staff, to strike except as otherwise provided | 14 |
| in this Act. Public
employees who are permitted to strike may | 15 |
| strike only if:
| 16 |
| (1) the employees are represented by an exclusive | 17 |
| bargaining representative;
| 18 |
| (2) the collective bargaining agreement between the public | 19 |
| employer and
the public employees, if any, has expired, or such | 20 |
| collective bargaining
agreement does not prohibit the strike;
| 21 |
| (3) the public employer and the labor organization have not | 22 |
| mutually agreed
to submit the disputed issues to final and | 23 |
| binding arbitration;
| 24 |
| (4) the exclusive representative has requested a mediator | 25 |
| pursuant to
Section 12 for the purpose of mediation or | 26 |
| conciliation of a dispute between
the public employer and the | 27 |
| exclusive representative and mediation has been
used; and
| 28 |
| (5) at least 5 days have elapsed after a notice of intent | 29 |
| to strike has
been given by the exclusive bargaining | 30 |
| representative to the public employer.
| 31 |
| In mediation under this Section, if either party requests | 32 |
| the use of
mediation services from the Federal Mediation and | 33 |
| Conciliation Service, the
other party shall either join in such | 34 |
| request or bear the additional cost
of mediation services from | 35 |
| another source.
|
|
|
|
HB0889 |
- 20 - |
LRB094 07414 JAM 37576 b |
|
| 1 |
| (b) An employee who participates in a strike, work stoppage | 2 |
| or
slowdown, in violation of this Act shall be subject to | 3 |
| discipline by the
employer. No employer may pay or cause such | 4 |
| employee to be paid any wages
or other compensation for such | 5 |
| periods of participation, except for wages
or compensation | 6 |
| earned before participation in such strike.
| 7 |
| (Source: P.A. 86-412.)
|
|