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(115 ILCS 5/12)
(from Ch. 48, par. 1712)
(a) This subsection (a) applies only to collective bargaining between an educational employer that is not a public school district organized under Article 34 of the School Code and an exclusive representative of its employees. If the parties engaged in collective
bargaining have not reached an agreement by 90 days before the scheduled
start of the forthcoming school year, the parties shall notify the Illinois
Educational Labor Relations Board concerning the status of negotiations. This notice shall include a statement on whether mediation has been used.
Upon demand of either party, collective bargaining between the employer
and an exclusive bargaining representative must begin within 60 days of
the date of certification of the representative by the Board, or in the case
of an existing exclusive bargaining representative, within 60 days of the
receipt by a party of a demand to bargain issued by the other party. Once
commenced, collective bargaining must continue for at least a 60 day
period, unless a contract is entered into.
Except as otherwise provided in subsection (b) of this Section, if after
a reasonable period of negotiation and within 90 days of the
scheduled start of the forth-coming school year, the parties engaged in
collective bargaining have reached an impasse, either party may petition
the Board to initiate mediation. Alternatively, the Board on its own
motion may initiate mediation during this period. However, mediation shall
be initiated by the Board at any time when jointly requested by the parties
and the services of the mediators shall continuously be made available to
the employer and to the exclusive bargaining representative for purposes of
arbitration of grievances and mediation or arbitration of contract
disputes. If requested by the parties, the mediator may perform
fact-finding and in so doing conduct hearings and make written findings and
recommendations for resolution of the dispute. Such mediation shall be
provided by the Board and shall be held before qualified impartial
individuals. Nothing prohibits the use of other individuals or
organizations such as the Federal Mediation and Conciliation Service or the
American Arbitration Association selected by both the exclusive bargaining
representative and the employer.
If the parties engaged in collective bargaining fail to reach an agreement
within 45 days of the scheduled start of the forthcoming school year and
have not requested mediation, the Illinois Educational Labor Relations Board
shall invoke mediation.
Whenever mediation is initiated or invoked under this subsection (a), the
parties may stipulate to defer selection of a mediator in accordance with
rules adopted by the Board.
(a-5) This subsection (a-5) applies only to collective bargaining between a public school district or a combination of public school districts, including, but not limited to, joint cooperatives, that is not organized under Article 34 of the School Code and an exclusive representative of its employees.
(1) Any time 15 days after mediation has commenced,
either party may initiate the public posting process. The mediator may initiate the public posting process at any time 15 days after mediation has commenced during the mediation process. Initiation of the public posting process must be filed in writing with the Board, and copies must be submitted to the parties on the same day the initiation is filed with the Board.
(2) Within 7 days after the initiation of the public
posting process, each party shall submit to the mediator, the Board, and the other party in writing the most recent offer of the party, including a cost summary of the offer. Seven days after receipt of the parties' offers, the Board shall make public the offers and each party's cost summary dealing with those issues on which the parties have failed to reach agreement by immediately posting the offers on its Internet website, unless otherwise notified by the mediator or jointly by the parties that agreement has been reached. On the same day of publication by the Board, at a minimum, the school district shall distribute notice of the availability of the offers on the Board's Internet website to all news media that have filed an annual request for notices from the school district pursuant to Section 2.02 of the Open Meetings Act. The parties' offers shall remain on the Board's Internet website until the parties have reached and ratified an agreement.
(a-10) This subsection (a-10) applies only to collective bargaining between a public school district organized under Article 34 of the School Code and an exclusive representative of its employees.
(1) For collective bargaining agreements between an
educational employer to which this subsection (a-10) applies and an exclusive representative of its employees, if the parties fail to reach an agreement after a reasonable period of mediation, the dispute shall be submitted to fact-finding in accordance with this subsection (a-10). Either the educational employer or the exclusive representative may initiate fact-finding by submitting a written demand to the other party with a copy of the demand submitted simultaneously to the Board.
(2) Within 3 days following a party's demand for
fact-finding, each party shall appoint one member of the fact-finding panel, unless the parties agree to proceed without a tri-partite panel. Following these appointments, if any, the parties shall select a qualified impartial individual to serve as the fact-finder and chairperson of the fact-finding panel, if applicable. An individual shall be considered qualified to serve as the fact-finder and chairperson of the fact-finding panel, if applicable, if he or she was not the same individual who was appointed as the mediator and if he or she satisfies the following requirements: membership in good standing with the National Academy of Arbitrators, Federal Mediation and Conciliation Service, or American Arbitration Association for a minimum of 10 years; membership on the mediation roster for the Illinois Labor Relations Board or Illinois Educational Labor Relations Board; issuance of at least 5 interest arbitration awards arising under the Illinois Public Labor Relations Act; and participation in impasse resolution processes arising under private or public sector collective bargaining statutes in other states. If the parties are unable to agree on a fact-finder, the parties shall request a panel of fact-finders who satisfy the requirements set forth in this paragraph (2) from either the Federal Mediation and Conciliation Service or the American Arbitration Association and shall select a fact-finder from such panel in accordance with the procedures established by the organization providing the panel.
(3) The fact-finder shall have the following duties
(A) to require the parties to submit a statement
of disputed issues and their positions regarding each issue either jointly or separately;
(B) to identify disputed issues that are
(C) to meet with the parties either separately
or in executive sessions;
(D) to conduct hearings and regulate the time,
place, course, and manner of the hearings;
(E) to request the Board to issue subpoenas
requiring the attendance and testimony of witnesses or the production of evidence;
(F) to administer oaths and affirmations;
(G) to examine witnesses and documents;
(H) to create a full and complete written record
(I) to attempt mediation or remand a disputed
issue to the parties for further collective bargaining;
(J) to require the parties to submit final
offers for each disputed issue either individually or as a package or as a combination of both; and
(K) to employ any other measures deemed
appropriate to resolve the impasse.
(4) If the dispute is not settled within 75 days
after the appointment of the fact-finding panel, the fact-finding panel shall issue a private report to the parties that contains advisory findings of fact and recommended terms of settlement for all disputed issues and that sets forth a rationale for each recommendation. The fact-finding panel, acting by a majority of its members, shall base its findings and recommendations upon the following criteria as applicable:
(A) the lawful authority of the employer;
(B) the federal and State statutes or local
ordinances and resolutions applicable to the employer;
(C) prior collective bargaining agreements and
the bargaining history between the parties;
(D) stipulations of the parties;
(E) the interests and welfare of the public and
the students and families served by the employer;
(F) the employer's financial ability to fund the
proposals based on existing available resources, provided that such ability is not predicated on an assumption that lines of credit or reserve funds are available or that the employer may or will receive or develop new sources of revenue or increase existing sources of revenue;
(G) the impact of any economic adjustments on the
employer's ability to pursue its educational mission;
(H) the present and future general economic
conditions in the locality and State;
(I) a comparison of the wages, hours, and
conditions of employment of the employees involved in the dispute with the wages, hours, and conditions of employment of employees performing similar services in public education in the 10 largest U.S. cities;
(J) the average consumer prices in urban areas
for goods and services, which is commonly known as the cost of living;
(K) the overall compensation presently received
by the employees involved in the dispute, including direct wage compensation; vacations, holidays, and other excused time; insurance and pensions; medical and hospitalization benefits; the continuity and stability of employment and all other benefits received; and how each party's proposed compensation structure supports the educational goals of the district;
(L) changes in any of the circumstances listed in
items (A) through (K) of this paragraph (4) during the fact-finding proceedings;
(M) the effect that any term the parties are at
impasse on has or may have on the overall educational environment, learning conditions, and working conditions with the school district; and
(N) the effect that any term the parties are at
impasse on has or may have in promoting the public policy of this State.
(5) The fact-finding panel's recommended terms of
settlement shall be deemed agreed upon by the parties as the final resolution of the disputed issues and incorporated into the collective bargaining agreement executed by the parties, unless either party tenders to the other party and the chairperson of the fact-finding panel a notice of rejection of the recommended terms of settlement with a rationale for the rejection, within 15 days after the date of issuance of the fact-finding panel's report. If either party submits a notice of rejection, the chairperson of the fact-finding panel shall publish the fact-finding panel's report and the notice of rejection for public information by delivering a copy to all newspapers of general circulation in the community with simultaneous written notice to the parties.
(c) The costs of fact finding and mediation shall be shared equally
the employer and the exclusive bargaining agent, provided that, for
purposes of mediation under this Act, if either party requests the use of
mediation services from the Federal Mediation and Conciliation Service, the
other party shall either join in such request or bear the additional cost
of mediation services from another source. All other costs and expenses of complying with this Section must be borne by the party incurring them.
(c-5) If an educational employer or exclusive bargaining representative refuses to participate in mediation or fact finding when required by this Section, the refusal shall be deemed a refusal to bargain in good faith.
(d) Nothing in this Act prevents an employer and an exclusive bargaining
representative from mutually submitting to final and binding impartial
arbitration unresolved issues concerning the terms of a new collective
(Source: P.A. 101-664, eff. 4-2-21.)