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90_HB0674sam003
LRB9003582EGfgam01
1 AMENDMENT TO HOUSE BILL 674
2 AMENDMENT NO. . Amend House Bill 674 by replacing
3 the title with the following:
4 "AN ACT in relation to governmental functions, amending
5 named Acts."; and
6 by inserting immediately after the enacting clause the
7 following:
8 "Section 1. The Illinois Public Labor Relations Act is
9 amended by changing Section 14 as follows:
10 (5 ILCS 315/14) (from Ch. 48, par. 1614)
11 Sec. 14. Security Employee, Peace Officer and Fire
12 Fighter Disputes.
13 (a) In the case of collective bargaining agreements
14 involving units of security employees of a public employer,
15 Peace Officer Units, or units of fire fighters or paramedics,
16 and in the case of disputes under Section 18, unless the
17 parties mutually agree to some other time limit, mediation
18 shall commence 30 days prior to the expiration date of such
19 agreement or at such later time as the mediation services
20 chosen under subsection (b) of Section 12 can be provided to
21 the parties. In the case of negotiations for an initial
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1 collective bargaining agreement, mediation shall commence
2 upon 15 days notice from either party or at such later time
3 as the mediation services chosen pursuant to subsection (b)
4 of Section 12 can be provided to the parties. In mediation
5 under this Section, if either party requests the use of
6 mediation services from the Federal Mediation and
7 Conciliation Service, the other party shall either join in
8 such request or bear the additional cost of mediation
9 services from another source. The mediator shall have a duty
10 to keep the Board informed on the progress of the mediation.
11 If any dispute has not been resolved within 15 days after the
12 first meeting of the parties and the mediator, or within such
13 other time limit as may be mutually agreed upon by the
14 parties, either the exclusive representative or employer may
15 request of the other, in writing, arbitration, and shall
16 submit a copy of the request to the Board.
17 (b) Within 10 days after such a request for arbitration
18 has been made, the employer shall choose a delegate and the
19 employees' exclusive representative shall choose a delegate
20 to a panel of arbitration as provided in this Section. The
21 employer and employees shall forthwith advise the other and
22 the Board of their selections.
23 (c) Within 7 days of the request of either party, the
24 Board shall select from the Public Employees Labor Mediation
25 Roster 7 persons who are on the labor arbitration panels of
26 either the American Arbitration Association or the Federal
27 Mediation and Conciliation Service, or who are members of the
28 National Academy of Arbitrators, as nominees for impartial
29 arbitrator of the arbitration panel. The parties may select
30 an individual on the list provided by the Board or any other
31 individual mutually agreed upon by the parties. Within 7
32 days following the receipt of the list, the parties shall
33 notify the Board of the person they have selected. Unless
34 the parties agree on an alternate selection procedure, they
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1 shall alternatively strike one name from the list provided by
2 the Board until only one name remains. A coin toss shall
3 determine which party shall strike the first name. If the
4 parties fail to notify the Board in a timely manner of their
5 selection for neutral chairman, the Board shall appoint a
6 neutral chairman from the Illinois Public Employees
7 Mediation/Arbitration Roster.
8 (d) The chairman shall call a hearing to begin within 15
9 days and give reasonable notice of the time and place of the
10 hearing. The hearing shall be held at the offices of the
11 Board or at such other location as the Board deems
12 appropriate. The chairman shall preside over the hearing and
13 shall take testimony. Any oral or documentary evidence and
14 other data deemed relevant by the arbitration panel may be
15 received in evidence. The proceedings shall be informal.
16 Technical rules of evidence shall not apply and the
17 competency of the evidence shall not thereby be deemed
18 impaired. A verbatim record of the proceedings shall be made
19 and the arbitrator shall arrange for the necessary recording
20 service. Transcripts may be ordered at the expense of the
21 party ordering them, but the transcripts shall not be
22 necessary for a decision by the arbitration panel. The
23 expense of the proceedings, including a fee for the chairman,
24 established in advance by the Board, shall be borne equally
25 by each of the parties to the dispute. The delegates, if
26 public officers or employees, shall continue on the payroll
27 of the public employer without loss of pay. The hearing
28 conducted by the arbitration panel may be adjourned from time
29 to time, but unless otherwise agreed by the parties, shall be
30 concluded within 30 days of the time of its commencement.
31 Majority actions and rulings shall constitute the actions and
32 rulings of the arbitration panel. Arbitration proceedings
33 under this Section shall not be interrupted or terminated by
34 reason of any unfair labor practice charge filed by either
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1 party at any time.
2 (e) The arbitration panel may administer oaths, require
3 the attendance of witnesses, and the production of such
4 books, papers, contracts, agreements and documents as may be
5 deemed by it material to a just determination of the issues
6 in dispute, and for such purpose may issue subpoenas. If any
7 person refuses to obey a subpoena, or refuses to be sworn or
8 to testify, or if any witness, party or attorney is guilty of
9 any contempt while in attendance at any hearing, the
10 arbitration panel may, or the attorney general if requested
11 shall, invoke the aid of any circuit court within the
12 jurisdiction in which the hearing is being held, which court
13 shall issue an appropriate order. Any failure to obey the
14 order may be punished by the court as contempt.
15 (f) At any time before the rendering of an award, the
16 chairman of the arbitration panel, if he is of the opinion
17 that it would be useful or beneficial to do so, may remand
18 the dispute to the parties for further collective bargaining
19 for a period not to exceed 2 weeks. If the dispute is
20 remanded for further collective bargaining the time
21 provisions of this Act shall be extended for a time period
22 equal to that of the remand. The chairman of the panel of
23 arbitration shall notify the Board of the remand.
24 (g) At or before the conclusion of the hearing held
25 pursuant to subsection (d), the arbitration panel shall
26 identify the economic issues in dispute, and direct each of
27 the parties to submit, within such time limit as the panel
28 shall prescribe, to the arbitration panel and to each other
29 its last offer of settlement on each economic issue. The
30 determination of the arbitration panel as to the issues in
31 dispute and as to which of these issues are economic shall be
32 conclusive. The arbitration panel, within 30 days after the
33 conclusion of the hearing, or such further additional periods
34 to which the parties may agree, shall make written findings
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1 of fact and promulgate a written opinion and shall mail or
2 otherwise deliver a true copy thereof to the parties and
3 their representatives and to the Board. As to each economic
4 issue, the arbitration panel shall adopt the last offer of
5 settlement which, in the opinion of the arbitration panel,
6 more nearly complies with the applicable factors prescribed
7 in subsection (h). The findings, opinions and order as to
8 all other issues shall be based upon the applicable factors
9 prescribed in subsection (h).
10 (h) Where there is no agreement between the parties, or
11 where there is an agreement but the parties have begun
12 negotiations or discussions looking to a new agreement or
13 amendment of the existing agreement, and wage rates or other
14 conditions of employment under the proposed new or amended
15 agreement are in dispute, the arbitration panel shall base
16 its findings, opinions and order upon the following factors,
17 as applicable:
18 (1) The lawful authority of the employer.
19 (2) Stipulations of the parties.
20 (3) The interests and welfare of the public and the
21 financial ability of the unit of government to meet those
22 costs.
23 (4) Comparison of the wages, hours and conditions
24 of employment of the employees involved in the
25 arbitration proceeding with the wages, hours and
26 conditions of employment of other employees performing
27 similar services and with other employees generally:
28 (A) In public employment in comparable
29 communities.
30 (B) In private employment in comparable
31 communities.
32 (5) The average consumer prices for goods and
33 services, commonly known as the cost of living.
34 (6) The overall compensation presently received by
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1 the employees, including direct wage compensation,
2 vacations, holidays and other excused time, insurance and
3 pensions, medical and hospitalization benefits, the
4 continuity and stability of employment and all other
5 benefits received.
6 (7) Changes in any of the foregoing circumstances
7 during the pendency of the arbitration proceedings.
8 (8) Such other factors, not confined to the
9 foregoing, which are normally or traditionally taken into
10 consideration in the determination of wages, hours and
11 conditions of employment through voluntary collective
12 bargaining, mediation, fact-finding, arbitration or
13 otherwise between the parties, in the public service or
14 in private employment.
15 (i) In the case of peace officers, the arbitration
16 decision shall be limited to wages, hours, and conditions of
17 employment (which may include residency requirements in
18 municipalities with a population under 1,000,000, but those
19 residency requirements shall not allow residency outside of
20 Illinois) and shall not include the following: i) residency
21 requirements in municipalities with a population of at least
22 1,000,000; ii) the type of equipment, other than uniforms,
23 issued or used; iii) manning; iv) the total number of
24 employees employed by the department; v) mutual aid and
25 assistance agreements to other units of government; and vi)
26 the criterion pursuant to which force, including deadly
27 force, can be used; provided, nothing herein shall preclude
28 an arbitration decision regarding equipment or manning levels
29 if such decision is based on a finding that the equipment or
30 manning considerations in a specific work assignment involve
31 a serious risk to the safety of a peace officer beyond that
32 which is inherent in the normal performance of police duties.
33 Limitation of the terms of the arbitration decision pursuant
34 to this subsection shall not be construed to limit the
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1 factors upon which the decision may be based, as set forth in
2 subsection (h).
3 In the case of fire fighter, and fire department or fire
4 district paramedic matters, the arbitration decision shall be
5 limited to wages, hours, and conditions of employment (which
6 may include residency requirements in municipalities with a
7 population under 1,000,000, but those residency requirements
8 shall not allow residency outside of Illinois) and shall not
9 include the following matters: i) residency requirements in
10 municipalities with a population of at least 1,000,000; ii)
11 the type of equipment (other than uniforms and fire fighter
12 turnout gear) issued or used; iii) the total number of
13 employees employed by the department; iv) mutual aid and
14 assistance agreements to other units of government; and v)
15 the criterion pursuant to which force, including deadly
16 force, can be used; provided, however, nothing herein shall
17 preclude an arbitration decision regarding equipment levels
18 if such decision is based on a finding that the equipment
19 considerations in a specific work assignment involve a
20 serious risk to the safety of a fire fighter beyond that
21 which is inherent in the normal performance of fire fighter
22 duties. Limitation of the terms of the arbitration decision
23 pursuant to this subsection shall not be construed to limit
24 the facts upon which the decision may be based, as set forth
25 in subsection (h).
26 The changes to this subsection (i) made by this
27 amendatory Act of 1997 (relating to residency requirements)
28 do not apply to persons who are employed by a combined
29 department that performs both police and firefighting
30 services; these persons shall be governed by the provisions
31 of this subsection (i) relating to peace officers, as they
32 existed before the amendment by this amendatory Act of 1997.
33 To preserve historical bargaining rights, this subsection
34 shall not apply to any provision of a fire fighter collective
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1 bargaining agreement in effect and applicable on the
2 effective date of this Act; provided, however, nothing herein
3 shall preclude arbitration with respect to any such
4 provision.
5 (j) Arbitration procedures shall be deemed to be
6 initiated by the filing of a letter requesting mediation as
7 required under subsection (a) of this Section. The
8 commencement of a new municipal fiscal year after the
9 initiation of arbitration procedures under this Act, but
10 before the arbitration decision, or its enforcement, shall
11 not be deemed to render a dispute moot, or to otherwise
12 impair the jurisdiction or authority of the arbitration panel
13 or its decision. Increases in rates of compensation awarded
14 by the arbitration panel may be effective only at the start
15 of the fiscal year next commencing after the date of the
16 arbitration award. If a new fiscal year has commenced either
17 since the initiation of arbitration procedures under this Act
18 or since any mutually agreed extension of the statutorily
19 required period of mediation under this Act by the parties to
20 the labor dispute causing a delay in the initiation of
21 arbitration, the foregoing limitations shall be inapplicable,
22 and such awarded increases may be retroactive to the
23 commencement of the fiscal year, any other statute or charter
24 provisions to the contrary, notwithstanding. At any time the
25 parties, by stipulation, may amend or modify an award of
26 arbitration.
27 (k) Orders of the arbitration panel shall be reviewable,
28 upon appropriate petition by either the public employer or
29 the exclusive bargaining representative, by the circuit court
30 for the county in which the dispute arose or in which a
31 majority of the affected employees reside, but only for
32 reasons that the arbitration panel was without or exceeded
33 its statutory authority; the order is arbitrary, or
34 capricious; or the order was procured by fraud, collusion or
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1 other similar and unlawful means. Such petitions for review
2 must be filed with the appropriate circuit court within 90
3 days following the issuance of the arbitration order. The
4 pendency of such proceeding for review shall not
5 automatically stay the order of the arbitration panel. The
6 party against whom the final decision of any such court shall
7 be adverse, if such court finds such appeal or petition to be
8 frivolous, shall pay reasonable attorneys' fees and costs to
9 the successful party as determined by said court in its
10 discretion. If said court's decision affirms the award of
11 money, such award, if retroactive, shall bear interest at the
12 rate of 12 percent per annum from the effective retroactive
13 date.
14 (l) During the pendency of proceedings before the
15 arbitration panel, existing wages, hours, and other
16 conditions of employment shall not be changed by action of
17 either party without the consent of the other but a party may
18 so consent without prejudice to his rights or position under
19 this Act. The proceedings are deemed to be pending before
20 the arbitration panel upon the initiation of arbitration
21 procedures under this Act.
22 (m) Security officers of public employers, and Peace
23 Officers, Fire Fighters and fire department and fire
24 protection district paramedics, covered by this Section may
25 not withhold services, nor may public employers lock out or
26 prevent such employees from performing services at any time.
27 (n) All of the terms decided upon by the arbitration
28 panel shall be included in an agreement to be submitted to
29 the public employer's governing body for ratification and
30 adoption by law, ordinance or the equivalent appropriate
31 means.
32 The governing body shall review each term decided by the
33 arbitration panel. If the governing body fails to reject one
34 or more terms of the arbitration panel's decision by a 3/5
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1 vote of those duly elected and qualified members of the
2 governing body, within 20 days of issuance, or in the case of
3 firefighters employed by a state university, at the next
4 regularly scheduled meeting of the governing body after
5 issuance, such term or terms shall become a part of the
6 collective bargaining agreement of the parties. If the
7 governing body affirmatively rejects one or more terms of the
8 arbitration panel's decision, it must provide reasons for
9 such rejection with respect to each term so rejected, within
10 20 days of such rejection and the parties shall return to the
11 arbitration panel for further proceedings and issuance of a
12 supplemental decision with respect to the rejected terms.
13 Any supplemental decision by an arbitration panel or other
14 decision maker agreed to by the parties shall be submitted to
15 the governing body for ratification and adoption in
16 accordance with the procedures and voting requirements set
17 forth in this Section. The voting requirements of this
18 subsection shall apply to all disputes submitted to
19 arbitration pursuant to this Section notwithstanding any
20 contrary voting requirements contained in any existing
21 collective bargaining agreement between the parties.
22 (o) If the governing body of the employer votes to
23 reject the panel's decision, the parties shall return to the
24 panel within 30 days from the issuance of the reasons for
25 rejection for further proceedings and issuance of a
26 supplemental decision. All reasonable costs of such
27 supplemental proceeding including the exclusive
28 representative's reasonable attorney's fees, as established
29 by the Board, shall be paid by the employer.
30 (p) Notwithstanding the provisions of this Section the
31 employer and exclusive representative may agree to submit
32 unresolved disputes concerning wages, hours, terms and
33 conditions of employment to an alternative form of impasse
34 resolution.
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1 (Source: P.A. 89-195, eff. 7-21-95.)".