Bill Text: IL HB0349 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Educational Labor Relations Act. Provides that no collective bargaining agreement shall be reduced to writing by the parties until the provisions of the agreement are substantially complete. Provides that once the agreement is reduced to writing and signed by the parties, it is eligible for ratification by both parties. Provides that upon ratification, changes to the agreement may be made through a technical corrections process. Defines "substantially complete". Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0349 Detail]

Download: Illinois-2017-HB0349-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0349 Introduced , by Rep. David McSweeney SYNOPSIS AS INTRODUCED:
115 ILCS 5/10 from Ch. 48, par. 1710
Amends the Illinois Educational Labor Relations Act. Provides that no collective bargaining agreement shall be reduced to writing by the parties until the provisions of the agreement are substantially complete. Provides that once the agreement is reduced to writing and signed by the parties, it is eligible for ratification by both parties. Provides that upon ratification, changes to the agreement may be made through a technical corrections process. Defines "substantially complete". Effective immediately.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Educational Labor Relations Act is
amended by changing Section 10 as follows:
(115 ILCS 5/10) (from Ch. 48, par. 1710)
Sec. 10. Duty to bargain.
(a) An educational employer and the exclusive
representative have the authority and the duty to bargain
collectively as set forth in this Section. Collective
bargaining is the performance of the mutual obligations of the
educational employer and the representative of the educational
employees to meet at reasonable times and confer in good faith
with respect to wages, hours and other terms and conditions of
employment, and to execute a written contract incorporating any
agreement reached by such obligation, provided such obligation
does not compel either party to agree to a proposal or require
the making of a concession.
(b) The parties to the collective bargaining process shall
not effect or implement a provision in a collective bargaining
agreement if the implementation of that provision would be in
violation of, or inconsistent with, or in conflict with any
statute or statutes enacted by the General Assembly of

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Illinois. The parties to the collective bargaining process may
effect or implement a provision in a collective bargaining
agreement if the implementation of that provision has the
effect of supplementing any provision in any statute or
statutes enacted by the General Assembly of Illinois pertaining
to wages, hours or other conditions of employment; provided
however, no provision in a collective bargaining agreement may
be effected or implemented if such provision has the effect of
negating, abrogating, replacing, reducing, diminishing, or
limiting in any way any employee rights, guarantees or
privileges pertaining to wages, hours or other conditions of
employment provided in such statutes. Any provision in a
collective bargaining agreement which has the effect of
negating, abrogating, replacing, reducing, diminishing or
limiting in any way any employee rights, guarantees or
privileges provided in an Illinois statute or statutes shall be
void and unenforceable, but shall not affect the validity,
enforceability and implementation of other permissible
provisions of the collective bargaining agreement.
(c) The collective bargaining agreement negotiated between
representatives of the educational employees and the
educational employer shall contain a grievance resolution
procedure which shall apply to all employees in the unit and
shall provide for binding arbitration of disputes concerning
the administration or interpretation of the agreement. The
agreement shall also contain appropriate language prohibiting

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strikes for the duration of the agreement. The costs of such
arbitration shall be borne equally by the educational employer
and the employee organization.
(d) Once an agreement is reached between representatives of
the educational employees and the educational employer and is
ratified by both parties, the agreement shall be reduced to
writing and signed by the parties. No collective bargaining
agreement shall be reduced to writing by the parties until the
provisions of the agreement are substantially complete. Once
the agreement is reduced to writing and signed by the parties,
it is eligible for ratification by both parties. Upon
ratification of the agreement, changes to the agreement may be
made through a technical corrections process as described in
subsection (e) of this Section. For purposes of this Section,
"substantially complete" means the provisions of the contract
exist in a form that is more than a mere framework for a
contract or a draft proposal exchanged during the negotiation
process between the parties prior to ratification of the
agreement.
(e) A party to a collective bargaining agreement seeking to
make technical corrections to that agreement may negotiate the
technical corrections under this subsection (e) to correct: (1)
non-substantive errors such as typographical, clerical,
grammatical, printing, copying, or other inadvertent errors;
and (2) any omissions or errors that create unintentional
discrepancies between the intent of the parties and the text of

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the agreement.
In making technical corrections, the requesting party
shall specify which of the above reasons for correction of the
ratified text is applicable and shall specify the change or
changes to be made to the ratified text, including an
explanation of the reasoning for that change. The text of the
agreement with technical corrections must be re-ratified by
both parties.
(Source: P.A. 84-832.)
Section 99. Effective date. This Act takes effect upon
becoming law.