Full Text of SB3766 96th General Assembly
SB3766 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3766
Introduced 2/11/2010, by Sen. J. Bradley Burzynski SYNOPSIS AS INTRODUCED: |
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115 ILCS 5/10 |
from Ch. 48, par. 1710 |
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Amends the Illinois Educational Labor Relations Act. Provides that a collective bargaining agreement shall
also contain appropriate language prohibiting strikes during the regular school term. Effective July 1, 2010.
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A BILL FOR
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SB3766 |
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LRB096 20372 MJR 36012 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Educational Labor Relations Act is | 5 |
| amended by changing Section 10 as follows:
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| (115 ILCS 5/10) (from Ch. 48, par. 1710)
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| Sec. 10. Duty to bargain. (a) An educational employer and
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| the exclusive representative have the authority and the duty to | 9 |
| bargain
collectively as set forth in this Section. Collective | 10 |
| bargaining is the
performance of the mutual obligations of the | 11 |
| educational employer and the
representative of the educational | 12 |
| employees to meet at reasonable times and
confer in good faith | 13 |
| with respect to wages, hours and other terms and
conditions of | 14 |
| employment, and to execute a written contract incorporating
any | 15 |
| agreement reached by such obligation, provided such obligation | 16 |
| does not
compel either party to agree to a proposal or require | 17 |
| the making of a concession.
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| (b) The parties to the collective bargaining process shall | 19 |
| not effect
or implement a provision in a collective bargaining | 20 |
| agreement if the
implementation of that provision would be in | 21 |
| violation of, or inconsistent
with, or in conflict with any | 22 |
| statute or statutes enacted by the General
Assembly of | 23 |
| Illinois. The parties to the collective bargaining process
may |
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SB3766 |
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LRB096 20372 MJR 36012 b |
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| effect or implement a provision in a collective bargaining | 2 |
| agreement if
the implementation of that provision has the | 3 |
| effect of supplementing any
provision in any statute or | 4 |
| statutes enacted by the General Assembly of
Illinois pertaining | 5 |
| to wages, hours or other conditions of employment;
provided | 6 |
| however, no provision in a collective bargaining agreement may | 7 |
| be
effected or implemented if such provision has the effect of | 8 |
| negating,
abrogating, replacing, reducing, diminishing, or | 9 |
| limiting in any way any
employee rights, guarantees or | 10 |
| privileges pertaining to wages, hours or
other conditions of | 11 |
| employment provided in such statutes. Any provision in
a | 12 |
| collective bargaining agreement which has the effect of | 13 |
| negating,
abrogating, replacing, reducing, diminishing or | 14 |
| limiting in any way any
employee rights, guarantees or | 15 |
| privileges provided in an Illinois statute or
statutes shall be | 16 |
| void and unenforceable, but shall not affect the
validity, | 17 |
| enforceability and implementation of other permissible | 18 |
| provisions
of the collective bargaining agreement.
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| (c) The collective bargaining agreement negotiated between | 20 |
| representatives
of the educational employees and the | 21 |
| educational employer shall contain
a grievance resolution | 22 |
| procedure which shall apply to all employees in the
unit and | 23 |
| shall provide for binding arbitration of disputes concerning | 24 |
| the
administration or interpretation of the agreement. The | 25 |
| agreement shall
also contain appropriate language prohibiting | 26 |
| strikes for the duration of
the agreement and during the |
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SB3766 |
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LRB096 20372 MJR 36012 b |
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| regular school term as defined in Section 10-19 of the School | 2 |
| Code . The costs of such arbitration shall be borne equally by | 3 |
| the
educational employer and the employee organization.
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| (d) Once an agreement is reached between representatives of | 5 |
| the educational
employees and the educational employer and is | 6 |
| ratified by both parties, the
agreement shall be reduced to | 7 |
| writing and signed by the parties.
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| (Source: P.A. 84-832.)
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| Section 99. Effective date. This Act takes effect July 1, | 10 |
| 2010.
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