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90_SB0415 5 ILCS 315/15.2 new 70 ILCS 3605/28a from Ch. 111 2/3, par. 328a 70 ILCS 3605/28a.5 new 70 ILCS 3615/2.15 from Ch. 111 2/3, par. 702.15 70 ILCS 3615/2.16 from Ch. 111 2/3, par. 702.16 70 ILCS 3615/2.18 from Ch. 111 2/3, par. 702.18 70 ILCS 3615/2.19 from Ch. 111 2/3, par. 702.19 Amends the Metropolitan Transit Authority Act. Deletes current provisions regarding employees and collective bargaining agreements. Provides that the Chicago Transit Board shall bargain collectively and enter into agreements with its employees regarding wages, salaries, hours, working conditions, and pension or retirement provisions but shall not bargain collectively or enter into written agreements regarding management rights. Provides that if the Board of the Regional Transportation Authority does not approve the budget, the collective bargaining agreement shall, rather than may, be reopened and the terms shall, rather than may, be renegotiated to achieve approval of the amended budget. Provides guidelines for the Board to follow in the event it chooses to contract transportation or related serves out to an independent contractor selected through a competitive procurement process. Amends the Regional Transportation Authority Act. Provides that the RTA shall ensure that every employee of the CTA shall receive fair and equitable protection in terms of labor agreements. Provides that the board of arbitration may not render decisions on inherent management rights. Provides factors the board of arbitration shall consider in disputes regarding the making or maintaining of a collective bargaining agreement. Amends the Illinois Public Labor Relations Act by providing that in the case of inconsistencies between that Act and the changes made by this amendatory Act, the changes made by this amendatory Act shall take precedence. Effective immediately. LRB9002729KDks LRB9002729KDks 1 AN ACT concerning public transit systems, amending named 2 Acts. 3 WHEREAS, The changes made by this amendatory Act take 4 precedence over any inconsistent or conflicting provision of 5 the Illinois Public Labor Relations Act or any other statute, 6 regulation, executive order, collective bargaining agreement, 7 labor protection agreement, or any arrangement entered into 8 or imposed pursuant to Section 5333(b) of Title 49, United 9 States Code (formerly Section 13(c) of the Federal Transit 10 Act), or other contractual obligation; and 11 WHEREAS, The changes made by this amendatory Act shall 12 apply to any collective bargaining agreement entered into, 13 renewed, ratified, extended, changed, added to, or modified 14 by the Chicago Transit Authority after the effective date of 15 this amendatory Act; therefore 16 Be it enacted by the People of the State of Illinois, 17 represented in the General Assembly: 18 Section 5. The Illinois Public Labor Relations Act is 19 amended by adding Section 15.2 as follows: 20 (5 ILCS 315/15.2 new) 21 Sec. 15.2. Conflicting provisions. In the case of 22 inconsistencies or conflicts between this Act and the changes 23 made by this amendatory Act, the changes made by this 24 amendatory Act shall take precedence. 25 Section 10. The Metropolitan Transit Authority Act is 26 amended by changing 28a and adding Section 28a.5 as follows: 27 (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a) 28 Sec. 28a. (a) The Board may deal with and enter into -2- LRB9002729KDks 1 written contracts with the employees of the Authority through 2 accredited representatives of such employees or 3 representatives of any labor organization authorized to act 4 for such employees, concerning wages, salaries, hours, 5 working conditions and pension or retirement provisions; 6 provided, nothing herein shall be construed to permit hours 7 of labor in excess of those provided by law or to permit 8 working conditions prohibited by law. In case of dispute 9 over wages, salaries, hours, working conditions, or pension 10 or retirement provisions the Board may arbitrate any question 11 or questions and may agree with such accredited 12 representatives or labor organization that the decision of a 13 majority of any arbitration board shall be final, provided 14 each party shall agree in advance to pay half of the expense 15 of such arbitration. 16 No contract or agreement shall be made with any labor 17 organization, association, group or individual for the 18 employment of members of such organization, association, 19 group or individual for the construction, improvement, 20 maintenance, operation or administration of any property, 21 plant or facilities under the jurisdiction of the Authority, 22 where such organization, association, group or individual 23 denies on the ground of race, creed, color, sex, religion, 24 physical or mental handicap unrelated to ability, or national 25 origin membership and equal opportunities for employment to 26 any citizen of Illinois. 27 (b)(1) The provisions of this paragraph (b) apply to 28 collective bargaining agreements, or any part of an 29 agreement, (including any modifications, additions, 30 extensions, orandamendments of existing agreements) entered 31 into on or after the effective date of this amendatory Act 32January 1, 1984. 33 (2) Except as otherwise provided in paragraph (3), the 34 Board shall bargain collectively and enter into written -3- LRB9002729KDks 1 agreements with its employees, through accredited 2 representatives of those employees, with respect to wages, 3 salaries, hours, working conditions, and pension or 4 retirement provisions. Any such agreement shall be subject 5 to being reopened under paragraph (4) of this subsection.The6Board shall deal with and enter into written contracts with7their employees, through accredited representatives of such8employees authorized to act for such employees concerning9wages, salaries, hours, working conditions, and pension or10retirement provisions about which a collective bargaining11agreement has been entered prior to the effective date of12this amendatory Act of 1983. Any such agreement of the13Authority shall provide that the agreement may be reopened if14the amended budget submitted pursuant to Section 2.18a of the15Regional Transportation Authority Act is not approved by the16Board of the Regional Transportation Authority. The17agreement may not include a provision requiring the payment18of wage increases based on changes in the Consumer Price19Index. The Board shall not have the authority to enter into20collective bargaining agreements with respect to inherent21management rights, which include such areas of discretion or22policy as the functions of the employer, standards of23services, its overall budget, the organizational structure24and selection of new employees and direction of personnel.25Employers, however, shall be required to bargain collectively26with regard to policy matters directly affecting wages, hours27and terms and conditions of employment, as well as the impact28thereon upon request by employee representatives. To29preserve the rights of employers and exclusive30representatives which have established collective bargaining31relationships or negotiated collective bargaining agreements32prior to the effective date of this amendatory Act of 1983,33employers shall be required to bargain collectively with34regard to any matter concerning wages, hours or conditions of-4- LRB9002729KDks 1employment about which they have bargained prior to the2effective date of this amendatory Act of 1983.3 (3) Notwithstanding any other provision of law, the 4 Board shall not have the authority to bargain collectively or 5 to enter into a written agreement with respect to matters of 6 inherent management rights, including the following: 7 (A) The organizational structure or functions of 8 the Authority. 9 (B) The standards and level of services to be 10 provided by the Authority. 11 (C) The selection, employment, assignment, and 12 promotion of officers, agents, and employees of the 13 Authority. 14 (D) The hiring and use of part-time employees. 15 (E) The direction, supervision, control, and 16 evaluation of the departments, units, and programs of the 17 Authority. 18 (F) The classification of the various positions of 19 the Authority and the determination of duties and 20 standards of productivity for those positions. 21 (G) The development and determination of levels of 22 staffing and training. 23 (H) The determination of whether and when employees 24 should be furloughed or laid off (including the category 25 or classification of employees affected) due to lack of 26 work, lack of funding, decisions regarding contracting 27 out, or termination of services. 28 (I) The decision to contract with a third party for 29 one or more services otherwise performed by employees in 30 a bargaining unit, the procedures for obtaining that 31 contract or the identity of the third party, and the 32 impact of the decision on individual employees or the 33 bargaining unit. 34 (J) The assignment and apportionment of overtime. -5- LRB9002729KDks 1 In addition, the Board shall not have the authority to 2 enter into any agreement that includes a provision requiring 3 the payment of wage increases based upon changes in the 4 Consumer Price Index or similar indices.The collective5bargaining agreement may not include a prohibition on the use6of part-time operators on any service operated by or funded7by the Board, except where prohibited by federal law.8 (4) Within 30 days of the signing of any such collective 9 bargaining agreement, and within 30 days of the commencement 10 of any subsequent year of any such collective bargaining 11 agreement, the Board shall determine the costs of each 12 provision of the agreement, prepare an amended budget 13 incorporating the costs of the agreement, and present the 14 amended budget to the Board of the Regional Transportation 15 Authority for its approval under Section 4.11 of the Regional 16 Transportation Act. The Board of the Regional Transportation 17 Authority may approve the amended budget by an affirmative 18 vote of two-thirds of its then Directors. If the budget is 19 not approved by the Board of the Regional Transportation 20 Authority, the agreement shallmaybe reopened and its terms 21 shallmaybe renegotiated if necessary to achieve approval of 22 the amended budget by the Board of the Regional 23 Transportation Authority. Any amended budget which may be 24 prepared following renegotiation shall be presented to the 25 Board of the Regional Transportation Authority for its 26 approval in like manner. 27 (Source: P.A. 83-886.) 28 (70 ILCS 3605/28a.5 new) 29 Sec. 28a.5. Labor participation in competitive 30 procurement of services. 31 (a) Whenever the Board of the Authority determines that 32 any transportation or related services provided by employees 33 of the Authority should be contracted out to an independent -6- LRB9002729KDks 1 contractor selected through a competitive procurement 2 process, the Authority shall comply with the provisions of 3 this Section. 4 (b) The competitive process for the procurement of 5 transportation or related services shall be conducted in 6 accordance with all applicable State and Federal requirements 7 and carried out in a manner to assure the maximum free and 8 open competition among interested parties. The request for 9 proposals or related documents shall specify the evaluation 10 factors to be used in the determination of the most 11 advantageous proposal and shall identify the relative weight 12 or order of importance of those factors, including the weight 13 or value to be given to the cost or price element of each 14 proposal. The Authority may make its selection on the basis 15 of the initial proposals submitted, or on the basis of best 16 and final offers submitted by those proposers determined to 17 be within the competitive range in their initial submission. 18 The proposal shall be awarded to the proposer whose proposal 19 is most advantageous to the Authority after considering price 20 and the other factors specified in the request for proposals. 21 (c) (1) After consulting the appropriate accredited 22 representatives of its employees, the Authority shall provide 23 appropriate information to those representatives for purposes 24 of encouraging and assisting the Authority's employees and 25 their representatives to submit a proposal to provide the 26 services being procurred. The Authority shall consider any 27 proposal submitted by the employees or their representatives 28 on the same basis as all other proposals. A proposal by 29 employees or their representatives may be made as a joint 30 venture with other persons. 31 (2) Any accredited representative of the Authority's 32 employees may, at any time before the date procurement 33 proposals are due, propose amendments to any relevant 34 collective bargaining agreement to which it is a party for -7- LRB9002729KDks 1 purposes of improving the cost competitiveness of the 2 representative's proposal. Those amendments shall take 3 effect only if the representative's proposal is selected by 4 the Authority for award. 5 (d) (1) Whenever the Authority decides to competitively 6 procure transportation or related services, it shall prepare 7 a written estimate of the cost of providing those services 8 under existing conditions with regular Authority employees. 9 The estimate shall include all direct and indirect costs, 10 including pension, benefits, and insurance, and an allocable 11 share of the fixed costs associated with the services 12 involved. 13 (2) After the Authority has selected the party to which 14 it proposes to award the contract, it shall conduct a 15 comprehensive written analysis of the contract costs for 16 purposes of comparing the costs of operating services under 17 the proposed contract with its written estimate of the costs 18 of providing those services under existing conditions with 19 Authority personnel. 20 (3) In any case in which the Authority conducts a 21 competitive procurement of services under this Section and 22 subsequently decides to continue to provide those services 23 under existing conditions with Authority personnel, rather 24 than awarding the contract to a proposing party, the 25 Authority shall first consult with and obtain the concurrence 26 of the Board of the Regional Transportation Authority. 27 (e) Any competitive services contract entered into under 28 this Section shall include provisions requiring the 29 successful contractor to offer available employee positions 30 to qualified employees of the Authority whose employment is 31 terminated directly because of the Authority's competitive 32 procurement of the services involved; provided that those 33 employees must satisfy the hiring and employment criteria of 34 the contractor. Nothing in this subsection shall be -8- LRB9002729KDks 1 construed as requiring a successful contractor to assume or 2 apply the terms and conditions of any collective bargaining 3 agreement between the Authority and accredited 4 representatives of the Authority's employees. 5 Section 15. The Regional Transportation Authority Act is 6 amended by changing Sections 2.15, 2.16, 2.18, and 2.19 as 7 follows: 8 (70 ILCS 3615/2.15) (from Ch. 111 2/3, par. 702.15) 9 Sec. 2.15. Policy With Respect to Protective 10 Arrangements, Collective Bargaining and Labor Relations. 11 It is the intent of this Act that: 12 (a) The Authority shall insure that every employee of 13 the Authority and every employee of a Service Board (other 14 than the Chicago Transit Authority) or transportation agency 15 shall receive fair and equitable protection against actions 16 of the Authority which shall not be less than those 17 established pursuant to Section 13 (c) of the Urban Mass 18 Transportation Act of 1964, as amended (49 U.S.C. Sec. 1609 19 (c), and Section 405 (b) of the Rail Passenger Service Act of 20 1970, as amended (45 U.S.C. Sec. 565 (b), and as prescribed 21 by the United States Secretary of Labor thereunder, at the 22 time of the protective agreement or arbitration decision 23 providing protection. 24 (b) There shall be no limitation on freedom of 25 association among employees of the Authority nor any denial 26 of the right of employees to join or support a labor 27 organization and to bargain collectively through 28 representatives of their own choosing. 29 (c) The Authority and the duly accredited 30 representatives of employees shall have the obligation to 31 bargain collectively in good faith, and the Authority shall 32 have the power and duty to enter into written collective -9- LRB9002729KDks 1 bargaining agreements with such representatives. 2 (Source: P.A. 83-886.) 3 (70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16) 4 Sec. 2.16. Employee Protection. 5 (a) The Authority shall insure that every employee of 6 the Authority or of a Service Board (other than the Chicago 7 Transit Authority) or transportation agency shall receive 8 fair and equitable protection against actions of the 9 Authority which shall not be less than those established 10 pursuant to Section 13 (c) of the Urban Mass Transportation 11 Act of 1964, as amended (49 U.S.C. Sec. 1609 (c), and Section 12 405 (b) of the Rail Passenger Service Act of 1970, as amended 13 (45 U.S.C. Sec. 565 (b), and as prescribed by the United 14 States Secretary of Labor thereunder, at the time of the 15 protective agreement or arbitration decision providing 16 protection. 17 (b) The Authority shall negotiate or arrange for the 18 negotiation of such fair and equitable employee arrangements 19 with the employees, through their accredited representatives 20 authorized to act for them. If agreement cannot be reached on 21 the terms of such protective arrangement, any party may 22 submit any matter in dispute to arbitration. In such 23 arbitration, each party shall have the right to select 24 non-voting arbitration board members. The impartial 25 arbitrator will be selected by the American Arbitration 26 Association and appointed from a current listing of the 27 membership of the National Academy of Arbitrators, upon 28 request of any party. The impartial arbitrator's decision 29 shall be final and binding on all parties. Each party shall 30 pay an equal proportionate share of the impartial 31 arbitrator's fees and expenses. 32 (c) For purposes of Sections 2.15 through 2.19: "actions 33 of the Authority" include its acquisition and operation of -10- LRB9002729KDks 1 public transportation facilities, the execution of purchase 2 of service agreements and grant contracts made under this Act 3 and the coordination, reorganization, combining, leasing, 4 merging of operations or the expansion or curtailment of 5 public transportation service or facilities by the Authority, 6 but does not include a failure or refusal to enter into a 7 purchase of service agreement or grant contract. 8 (d) The Authority shall ensure that every employee of 9 the Chicago Transit Authority shall receive fair and 10 equitable protection in accordance with Section 5333(b) of 11 Title 49, United States Code (formerly Section 13(c) of the 12 Federal Transit Act). Any labor protection agreement entered 13 into, applied, imposed, or otherwise utilized by the 14 Authority for purposes of satisfying the requirements of 15 Section 5333(b) for those employees shall be limited to 16 providing protection for any adverse effects upon employees 17 that occur as a result of a transit project funded by the 18 federal government under the Federal Transit Act and may not 19 provide labor protection that is generally applicable to 20 actions of the Authority. Any provision of any labor 21 protection agreement executed by the Authority that is 22 inconsistent with this subsection shall be void. 23 (Source: P.A. 83-886.) 24 (70 ILCS 3615/2.18) (from Ch. 111 2/3, par. 702.18) 25 Sec. 2.18. Labor Contracts. 26 (a) The Authority shall deal with and enter into written 27 contracts with employees of the Authority, through accredited 28 representatives of such employees authorized to act for such 29 employees concerning wages, salaries, hours, working 30 conditions, and pension or retirement provisions. Nothing in 31 this Act shall be construed, however, to permit hours of 32 labor in excess of those prohibited by law or to permit 33 working conditions prohibited by law. -11- LRB9002729KDks 1 (b) Whenever the Authority acquires the public 2 transportation facilities of a transportation agency, either 3 in proceeding by eminent domain or otherwise, and operates 4 such facilities, all employees actively engaged in the 5 operation thereof shall be transferred to and appointed as 6 employees of the Authority, subject to all the rights and 7 benefits of Sections 2.15 through 2.19, and the Authority 8 shall assume and observe all applicable labor contracts and 9 pension obligations. These employees shall be given seniority 10 credit and sick leave, vacation, insurance, and pension 11 credits in accordance with the records or labor agreements 12 from the acquired transportation system. Members and 13 beneficiaries of any pension or retirement system or other 14 benefits established by the acquired transportation system 15 shall continue to have rights, privileges, benefits, 16 obligations and status with respect to such established 17 system. The Authority shall assume the obligations of any 18 transportation system acquired by it with regard to wages, 19 salaries, hours, working conditions, sick leave, health and 20 welfare and pension or retirement provisions for these 21 employees. The Authority and the employees, through their 22 representatives for collective bargaining purposes, shall 23 take whatever action may be necessary to have pension trust 24 funds presently under the joint control of such 25 Transportation Agency and the participating employees through 26 their representatives transferred to the trust funds to be 27 established, maintained, and administered jointly by the 28 Authority and the participating employees through their 29 representatives. 30 (c) Whenever the Authorityshall take any of the actions31specified in Section 2.16 (c), it shall do so only after32meeting the requirements of Section 2.16, and in addition,33whenever the Authorityshall acquire and operate the public 34 transportation facilities of a transportation agency engaged -12- LRB9002729KDks 1 in the transportation of persons by railroad, it shall do so 2 only in such manner as to insure the continued applicability 3 to the railroad employees affected thereby of the provisions 4 of all federal statutes then applicable to them and a 5 continuation of their existing collective bargaining 6 agreements until the provisions of said agreements can be 7 re-negotiated by representatives of the Authority and the 8 representatives of said employees duly designated as such 9 pursuant to the terms and provisions of the Railway Labor 10 Act, as amended (45 U.S.C. 151 et seq.); provided, however, 11 that nothing in this subsection shall prevent the abandonment 12 of such facilities, or the discontinuance of such operations 13 pursuant to applicable law, or the substitution of other 14 operations or facilities for such operations or facilities, 15 whether by merger, consolidation, coordination or otherwise. 16 In the event new or supplemental operations or facilities are 17 substituted therefor, the provisions of Section 2.19 shall be 18 applicable, and all questions concerning the selection of 19 forces to perform the work of such new or supplemental 20 facilities or operations, and whether the Authority shall be 21 required to insure the continued applicability of the federal 22 statutes applicable to such employees shall be negotiated 23 and, if necessary, arbitrated, in accordance with the 24 procedures set forth in subsection 2.19 (a). 25 (Source: P.A. 78-3rd S.S.-5.) 26 (70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19) 27 Sec. 2.19. Labor Relations Procedures. 28 (a) Whenever the Authority proposes to operate or to 29 enter into a contract to operate any new public 30 transportation facility which may result in the displacement 31 of employees or the rearrangement of the working forces of 32 the Authority or of the Chicago Transit Authority or of any 33 transportation agency, the Authority shall give at least 90 -13- LRB9002729KDks 1 days written notice of such proposed operations to the 2 representatives of the employees affected and the Authority 3 shall provide for the selection of forces to perform the work 4 of that facility on the basis of agreement between the 5 Authority and the representatives of such employees. In the 6 event of failure to agree, the dispute may be submitted by 7 the Authority or by any representative of the employees 8 affected to final and binding arbitration by an impartial 9 arbitrator to be selected by the American Arbitration 10 Association from a current listing of arbitrators of the 11 National Academy of Arbitrators. 12 (b) (1) In case of any labor dispute not otherwise 13 governed by this Act, by the Labor Management Relations Act, 14 as amended, or by the Railway Labor Act, as amended,or by15impasse resolution provisions in a collective bargaining or16protective agreementinvolving the Authority, the Chicago 17 Transit Authority or any transportation agency financed in 18 whole or in part by the Authority and the employees of the 19 Authority or of the Chicago Transit Authority or any such 20 transportation agency, which is not settled by the parties 21 thereto within 30 days from the date of commencement of 22 negotiations, either party may request the assistance of a 23 mediator appointed by either the State or Federal Mediation 24 and Conciliation Service, who shall seek to resolve the 25 dispute. In the event that the dispute is not resolved by 26 mediation within a reasonable period, the mediator shall 27 certify to the parties that an impasse exists. Upon receipt 28 of the mediator's certification, any party to the dispute 29 may, within 7 days, submit the dispute to a fact finder who 30 shall be selected by the parties pursuant to the rules of the 31 American Arbitration Association from a current listing of 32 members of the National Academy of Arbitrators supplied by 33 the AAA. The fact finder shall have the duty to hold 34 hearings, or otherwise take evidence from the parties under -14- LRB9002729KDks 1 such other arrangements as they may agree. Upon completion of 2 the parties' submissions, the fact finder shall have the 3 power to issue and make public findings and recommendations, 4 or to refer the dispute back to the parties for such other 5 appropriate action as he may recommend. In the event that the 6 parties do not reach agreement after the issuance of the fact 7 finder's report and recommendations, or in cases where 8 neither party requests fact finding, the Authority shall 9 offer to submit the dispute to arbitration by a board 10 composed of 3 persons, one appointed by the Authority, one 11 appointed by the labor organization representing the 12 employees, and a third member to be agreed upon by the labor 13 organization and the Authority. The member agreed upon by the 14 labor organization and the Authority shall act as chairman of 15 the board. The determination of the majority of the board of 16 arbitration thus established shall be final and binding on 17 all matters in dispute. If, after a period of 10 days from 18 the date of the appointment of the two arbitrators 19 representing the Authority and the labor organization, the 20 third arbitrator has not been selected, then either 21 arbitrator may request the American Arbitration Association 22 to furnish from a current listing of the membership of the 23 National Academy of Arbitrators the names of 7 such members 24 of the National Academy from which the third arbitrator shall 25 be selected. The arbitrators appointed by the Authority and 26 the labor organization, promptly after the receipt of such 27 list, shall determine by lot the order of elimination, and 28 thereafter each shall in that order alternately eliminate one 29 name until only one name remains. The remaining person on the 30 list shall be the third arbitrator. The third arbitrator, 31 whether agreed on by the labor organization and the Authority 32 or selected from the AAA list, shall be a legal resident of 33 the State and experienced in State and local finance. 34 (2) The board of arbitration described in this -15- LRB9002729KDks 1 subsection may not render a decision on any matter that is 2 identified as an inherent management right under paragraph 3 (3) of subsection (b) of the Metropolitan Transit Authority 4 Act. In making its determination for the resolution of 5 matters in dispute regarding the making or maintaining of a 6 collective bargaining agreement, the board of arbitration 7 shall take into consideration the following factors: 8 (A) The stipulations of the parties. 9 (B) The financial condition of the transit system, 10 the ability of the Authority to administer and finance 11 the existing system and the issues proposed in a cost 12 efficient manner, and the interest and welfare of the 13 public. 14 (C) A comparison of the wages, hours, and terms and 15 conditions of employment of the transit system's 16 employees with those of other public and private 17 employees doing comparable work in systems of similar 18 fleet and workforce size. 19 (D) The overall compensation presently received by 20 the transit system's employees, including wages, hours, 21 and terms and conditions of employment, and all medical, 22 insurance, pension, and fringe benefits received. 23 (E) The amount, if any, of any fare increase that 24 would be necessary to provide the wage or benefit 25 increase sought by the transit system's employees, and 26 the ability of the public to bear the fare increase. 27 (F) The impact of the issues proposed on the 28 current level of services and the impact on the public of 29 any decrease in the level of services. 30 (G) Collective bargaining agreements between the 31 parties. 32 (H) The estimates and trends for future sales tax 33 receipts and other revenue sources of the Authority. 34 (I) Other factors not confined to those listed in -16- LRB9002729KDks 1 this item (2) that are normally and traditionally taken 2 into consideration in determination of issues submitted 3 to mutually agreed upon dispute settlement procedures in 4 public service or private employment. 5 (3) The term "labor dispute" shall be broadly construed 6 and shall include any controversy concerning wages, salaries, 7 hours, working conditions, or benefits, including health and 8 welfare, sick leave, insurance, or pension or retirement 9 provisions, but not limited thereto, and including any 10 controversy concerning any differences or questions that may 11 arise between the parties including but not limited to the 12 making or maintaining of collective bargaining agreements, 13 the terms to be included in such agreements, and the 14 interpretation or application of such collective bargaining 15 agreements and any grievance that may arise. Each party shall 16 pay one-half of the expenses of such arbitration. 17 (Source: P.A. 83-886.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.