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| [ Introduced ] | [ House Amendment 001 ] |
92_HB1871eng HB1871 Engrossed LRB9204491NTsb 1 AN ACT concerning educational labor relations. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Educational Labor Relations Act 5 is amended by changing Section 13 as follows: 6 (115 ILCS 5/13) (from Ch. 48, par. 1713) 7 Sec. 13. Strikes. 8 (a) Notwithstanding the existence of any other provision 9 in this Act or other law, educational employees employed in 10 school districts organized under Article 34 of the School 11 Code shall not engage in a strike at any time during the 18 12 month period that commences on the effective date of this 13 amendatory Act of 1995. An educational employee employed in 14 a school district organized under Article 34 of the School 15 Code who participates in a strike in violation of this 16 Section is subject to discipline by the employer. In 17 addition, no educational employer organized under Article 34 18 of the School Code may pay or cause to be paid to an 19 educational employee who participates in a strike in 20 violation of this subsection (a) any wages or other 21 compensation for any period during which an educational 22 employee participates in the strike, except for wages or 23 compensation earned before participation in the strike. 24 Notwithstanding the existence of any other provision in this 25 Act or other law, during the 18-month period that strikes are 26 prohibited under this subsection nothing in this subsection 27 shall be construed to require an educational employer to 28 submit to a binding dispute resolution process. 29 (b) Notwithstanding the existence of any other provision 30 in this Act or any other law, educational employees other 31 than those employed in a school district organized under HB1871 Engrossed -2- LRB9204491NTsb 1 Article 34 of the School Code and, after the expiration of 2 the 18 month period that commences on the effective date of 3 this amendatory Act of 1995, educational employees in a 4 school district organized under Article 34 of the School Code 5 shall not engage in a strike except under the following 6 conditions: 7 (1) they are represented by an exclusive 8 bargaining representative; 9 (2) mediation has been used without success; 10 (3) at least 10 days have elapsed after a notice 11 of intent to strike has been given by the exclusive 12 bargaining representative to the educational employer, 13 the regional superintendent and the Illinois Educational 14 Labor Relations Board; 15 (4) the collective bargaining agreement between 16 the educational employer and educational employees, if 17 any, has expired; and 18 (5) the employer and the exclusive bargaining 19 representative have not mutually submitted the unresolved 20 issues to arbitration. 21 If, however, in the opinion of an employer the strike is 22 or has become a clear and present danger to the health or 23 safety of the public, the employer may initiate in the 24 circuit court of the county in which such danger exists an 25 action for relief which may include, but is not limited to, 26 injunction. The court may grant appropriate relief upon the 27 finding that such clear and present danger exists. An unfair 28 practice or other evidence of lack of clean hands by the 29 educational employer is a defense to such action. Except as 30 provided for in this paragraph, the jurisdiction of the court 31 under this Section is limited by the Labor Dispute Act. 32 (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)