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92_HB1871ham001
LRB9204491NTsbam
1 AMENDMENT TO HOUSE BILL 1871
2 AMENDMENT NO. . Amend House Bill 1871 by replacing
3 everything after the enacting clause with the following:
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
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1 compensation earned before participation in the strike.
2 Notwithstanding the existence of any other provision in this
3 Act or other law, during the 18-month period that strikes are
4 prohibited under this subsection nothing in this subsection
5 shall be construed to require an educational employer to
6 submit to a binding dispute resolution process.
7 (b) Notwithstanding the existence of any other provision
8 in this Act or any other law, educational employees other
9 than those employed in a school district organized under
10 Article 34 of the School Code and, after the expiration of
11 the 18 month period that commences on the effective date of
12 this amendatory Act of 1995, educational employees in a
13 school district organized under Article 34 of the School Code
14 shall not engage in a strike except under the following
15 conditions:
16 (1) they are represented by an exclusive
17 bargaining representative;
18 (2) mediation has been used without success;
19 (3) at least 10 days have elapsed after a notice
20 of intent to strike has been given by the exclusive
21 bargaining representative to the educational employer,
22 the regional superintendent and the Illinois Educational
23 Labor Relations Board;
24 (4) the collective bargaining agreement between
25 the educational employer and educational employees, if
26 any, has expired; and
27 (5) the employer and the exclusive bargaining
28 representative have not mutually submitted the unresolved
29 issues to arbitration.
30 If, however, in the opinion of an employer the strike is
31 or has become a clear and present danger to the health or
32 safety of the public, the employer may initiate in the
33 circuit court of the county in which such danger exists an
34 action for relief which may include, but is not limited to,
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1 injunction. The court may grant appropriate relief upon the
2 finding that such clear and present danger exists. An unfair
3 practice or other evidence of lack of clean hands by the
4 educational employer is a defense to such action. Except as
5 provided for in this paragraph, the jurisdiction of the court
6 under this Section is limited by the Labor Dispute Act.
7 (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)".