96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0332


 
Introduced 2/6/2009, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:














5 ILCS 315/14
 from Ch. 48, par. 1614







 Amends the Illinois Public Labor Relations Act. Makes
a technical change in a Section concerning security employees.
















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A BILL FOR









 











SB0332

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1
 AN ACT concerning government.


2
 Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


4
 Section 5. The Illinois Public Labor Relations Act is 
5
amended by changing Section 14 as follows:




6
 (5 ILCS 315/14) (from Ch. 48, par. 1614)



7
 Sec. 14. Security Employee, Peace Officer and Fire Fighter 
8
Disputes. 

9
 (a) In the
the case of collective bargaining agreements 
10
involving units of
security employees of a public employer, 
11
Peace Officer Units, or units of
fire fighters or paramedics, 
12
and in the case of disputes under Section 18,
unless the 
13
parties mutually agree to some other time limit, mediation

14
shall commence 30 days prior to the expiration date of such 
15
agreement or
at such later time as the mediation services 
16
chosen under subsection (b) of
Section 12 can be provided to 
17
the parties. In the case of negotiations
for an initial 
18
collective bargaining agreement, mediation shall commence
upon 
19
15 days notice from either party or at such later time as the

20
mediation services chosen pursuant to subsection (b) of Section 
21
12 can be
provided to the parties. In mediation under this 
22
Section, if either party
requests the use of mediation services 
23
from the Federal Mediation and
Conciliation Service, the other 
 


 






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party shall either join in such request or
bear the additional 
2
cost of mediation services from another source. The
mediator 
3
shall have a duty to keep the Board informed on the progress of

4
the mediation. If any dispute has not been resolved within 15 
5
days after
the first meeting of the parties and the mediator, 
6
or within such other
time limit as may be mutually agreed upon 
7
by the parties, either the
exclusive representative or employer 
8
may request of the other, in writing,
arbitration, and shall 
9
submit a copy of the request to the Board.
10
 (b) Within 10 days after such a request for arbitration has 
11
been
made, the employer shall choose a delegate and
the 
12
employees' exclusive representative shall choose a delegate to 
13
a panel
of arbitration as provided in this Section. The 
14
employer and employees
shall forthwith advise the other and the 
15
Board of their selections.

16
 (c) Within 7 days of the request of either party, the Board 
17
shall select
from the Public Employees Labor Mediation Roster 7 
18
persons who are on the
labor arbitration panels of either the 
19
American Arbitration Association or
the Federal Mediation and 
20
Conciliation Service, or who are members of the
National 
21
Academy of Arbitrators, as nominees for
impartial arbitrator of 
22
the arbitration panel. The parties may select an
individual on 
23
the list provided by the Board or any other individual
mutually 
24
agreed upon by the parties. Within 7 days following the receipt

25
of the list, the parties shall notify the Board of the person 
26
they have
selected. Unless the parties agree on an alternate 
 


 






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1
selection procedure,
they shall alternatively strike one name 
2
from the list provided by the
Board until only one name 
3
remains. A coin toss shall determine which party
shall strike 
4
the first name. If the parties fail to notify the Board in a

5
timely manner of their selection for neutral chairman, the 
6
Board shall
appoint a neutral chairman from the Illinois Public 
7
Employees
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 Board 
11
or at such other location as the
Board deems appropriate. The 
12
chairman shall preside over the hearing and
shall take 
13
testimony. Any oral or documentary evidence and other data

14
deemed relevant by the arbitration panel may be received in 
15
evidence. The
proceedings shall be informal. Technical rules of 
16
evidence shall not apply
and the competency of the evidence 
17
shall not thereby be deemed impaired. A
verbatim record of the 
18
proceedings shall be made and the arbitrator shall
arrange for 
19
the necessary recording service. Transcripts may be ordered at

20
the expense of the party ordering them, but the transcripts 
21
shall not be
necessary for a decision by the arbitration panel. 
22
The expense of the
proceedings, including a fee for the 
23
chairman, established in advance by
the Board, shall be borne 
24
equally by each of the parties to the dispute.
The delegates, 
25
if public officers or employees, shall continue on the
payroll 
26
of the public employer without loss of pay. The hearing 
 


 






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1
conducted
by the arbitration panel may be adjourned from time 
2
to time, but unless
otherwise agreed by the parties, shall be 
3
concluded within 30 days of the
time of its commencement. 
4
Majority actions and rulings shall constitute
the actions and 
5
rulings of the arbitration panel. Arbitration proceedings

6
under this Section shall not be interrupted or terminated by 
7
reason of any
unfair labor practice charge filed by either 
8
party at any time.

9
 (e) The arbitration panel may administer oaths, require the 
10
attendance
of witnesses, and the production of such books, 
11
papers, contracts, agreements
and documents as may be deemed by 
12
it material to a just determination of
the issues in dispute, 
13
and for such purpose may issue subpoenas. If any
person refuses 
14
to obey a subpoena, or refuses to be sworn or to testify,
or if 
15
any witness, party or attorney is guilty of any contempt while 
16
in
attendance at any hearing, the arbitration panel may, or the 
17
attorney general
if requested shall, invoke the aid of any 
18
circuit court within the jurisdiction
in which the hearing is 
19
being held, which court shall issue an appropriate
order. Any 
20
failure to obey the order may be punished by the court as 
21
contempt.

22
 (f) At any time before the rendering of an award, the 
23
chairman of the
arbitration panel, if he is of the opinion that 
24
it would be useful or
beneficial to do so, may remand the 
25
dispute to the parties for further
collective bargaining for a 
26
period not to exceed 2 weeks. If the dispute
is remanded for 
 


 






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1
further collective bargaining the time provisions of this
Act 
2
shall be extended for a time period equal to that of the 
3
remand. The
chairman of the panel of arbitration shall notify 
4
the Board of the remand.

5
 (g) At or before the conclusion of the hearing held 
6
pursuant to subsection
(d), the arbitration panel shall 
7
identify the economic issues in dispute,
and direct each of the 
8
parties to submit, within such time limit as the
panel shall 
9
prescribe, to the arbitration panel and to each other its last

10
offer of settlement on each economic issue. The determination 
11
of the
arbitration panel as to the issues in dispute and as to 
12
which of these
issues are economic shall be conclusive. The 
13
arbitration panel, within 30
days after the conclusion of the 
14
hearing, or such further additional
periods to which the 
15
parties may agree, shall make written findings of fact
and 
16
promulgate a written opinion and shall mail or otherwise 
17
deliver a true
copy thereof to the parties and their 
18
representatives and to the Board. As
to each economic issue, 
19
the arbitration panel shall adopt the last offer of
settlement 
20
which, in the opinion of the arbitration panel, more nearly

21
complies with the applicable factors prescribed in subsection 
22
(h). The
findings, opinions and order as to all other issues 
23
shall be based upon the
applicable factors prescribed in 
24
subsection (h).

25
 (h) Where there is no agreement between the parties, or 
26
where there is
an agreement but the parties have begun 
 


 






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negotiations or discussions looking
to a new agreement or 
2
amendment of the existing agreement, and wage rates
or other 
3
conditions of employment under the proposed new or amended 
4
agreement
are in dispute, the arbitration panel shall base its 
5
findings, opinions
and order upon the following factors, as 
6
applicable:


7
  (1) The lawful authority of the employer.


8
  (2) Stipulations of the parties.


9
  (3) The interests and welfare of the public and the 
10
 financial ability
of the unit of government to meet those 
11
 costs.


12
  (4) Comparison of the wages, hours and conditions of 
13
 employment of the
employees involved in the arbitration 
14
 proceeding with the wages, hours and
conditions of 
15
 employment of other employees performing similar services

16
 and with other employees generally:


17
   (A) In public employment in comparable 
18
 communities.


19
   (B) In private employment in comparable 
20
 communities.


21
  (5) The average consumer prices for goods and services, 
22
 commonly known
as the cost of living.


23
  (6) The overall compensation presently received by the 
24
 employees,
including
direct wage compensation, vacations, 
25
 holidays and other excused time, insurance
and pensions, 
26
 medical and hospitalization benefits, the continuity and

 


 






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 stability of employment and all other benefits received.


2
  (7) Changes in any of the foregoing circumstances 
3
 during the pendency
of the arbitration proceedings.


4
  (8) Such other factors, not confined to the foregoing, 
5
 which are normally
or traditionally taken into 
6
 consideration in the determination of wages,
hours and 
7
 conditions of employment through voluntary collective 
8
 bargaining,
mediation, fact-finding, arbitration or 
9
 otherwise between the parties, in
the public service or in 
10
 private employment.

11
 (i) In the case of peace officers, the arbitration decision 
12
shall be
limited to wages, hours, and conditions of employment 
13
(which may include
residency requirements in municipalities 
14
with a population under 1,000,000, but
those residency 
15
requirements shall not allow residency outside of Illinois)
and 
16
shall not include
the following: i) residency requirements in 
17
municipalities with a population
of at least 1,000,000; ii) the 
18
type of equipment, other
than uniforms, issued or used; iii) 
19
manning; iv) the total number of
employees employed by the 
20
department; v) mutual aid and assistance
agreements to other 
21
units of government; and vi) the criterion pursuant to
which 
22
force, including deadly force, can be used; provided, nothing 
23
herein
shall preclude an arbitration decision regarding 
24
equipment or manning
levels if such decision is based on a 
25
finding that the equipment or manning
considerations in a 
26
specific work assignment involve a serious risk to the
safety 
 


 






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of a peace officer beyond that which is inherent in the normal

2
performance of police duties. Limitation of the terms of the 
3
arbitration
decision pursuant to this subsection shall not be 
4
construed to limit the
factors upon which the decision may be 
5
based, as set forth in subsection (h).

6
 In the case of fire fighter, and fire department or fire 
7
district paramedic
matters, the arbitration decision shall be 
8
limited to wages, hours, and
conditions of employment (which 
9
may include residency requirements in
municipalities with a 
10
population under 1,000,000, but those residency
requirements 
11
shall not allow residency outside of Illinois) and shall not

12
include the
following matters: i) residency requirements in 
13
municipalities with a
population of at least 1,000,000; ii) the 
14
type of equipment (other than
uniforms and fire fighter turnout 
15
gear) issued or used; iii) the total
number of employees 
16
employed by the department; iv) mutual aid and
assistance 
17
agreements to other units of government; and v) the criterion

18
pursuant to which force, including deadly force, can be used; 
19
provided,
however, nothing herein shall preclude an 
20
arbitration decision regarding
equipment levels if such 
21
decision is based on a finding that the equipment

22
considerations in a specific work assignment involve a serious 
23
risk to the
safety of a fire fighter beyond that which is 
24
inherent in the normal
performance of fire fighter duties. 
25
Limitation of the terms of the
arbitration decision pursuant to 
26
this subsection shall not be construed to
limit the facts upon 
 


 






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1
which the decision may be based, as set forth in
subsection 
2
(h).

3
 The changes to this subsection (i) made by Public Act 
4
90-385 (relating to residency requirements) do not
apply to 
5
persons who are employed by a combined department that performs 
6
both
police and firefighting services; these persons shall be 
7
governed by the
provisions of this subsection (i) relating to 
8
peace officers, as they existed
before the amendment by Public 
9
Act 90-385.

10
 To preserve historical bargaining rights, this subsection 
11
shall not apply
to any provision of a fire fighter collective 
12
bargaining agreement in effect
and applicable on the effective 
13
date of this Act; provided, however, nothing
herein shall 
14
preclude arbitration with respect to any such provision.

15
 (j) Arbitration procedures shall be deemed to be initiated 
16
by the
filing of a letter requesting mediation as required 
17
under subsection (a)
of this Section. The commencement of a new 
18
municipal fiscal year after the
initiation of arbitration 
19
procedures under this Act, but before the
arbitration decision, 
20
or its enforcement, shall not be deemed to render a
dispute 
21
moot, or to otherwise impair the jurisdiction or authority of 
22
the
arbitration panel or its decision. Increases in rates
of 
23
compensation awarded by the arbitration panel may be effective 
24
only at
the start of the fiscal year next commencing after the 
25
date of the arbitration
award. If a new fiscal year has 
26
commenced either since the initiation of
arbitration 
 


 






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procedures under this Act or since any mutually agreed

2
extension of the statutorily required period of mediation
under 
3
this Act by the parties to the labor dispute causing a
delay in 
4
the initiation of arbitration, the foregoing limitations shall 
5
be
inapplicable, and such awarded increases may be retroactive 
6
to the
commencement of the fiscal year, any other statute or 
7
charter provisions to
the contrary, notwithstanding. At any 
8
time the parties, by stipulation, may
amend or modify an award 
9
of arbitration.

10
 (k) Orders of the arbitration panel shall be reviewable, 
11
upon
appropriate petition by either the public employer or the 
12
exclusive
bargaining representative, by the circuit court for 
13
the county in which the
dispute arose or in which a majority of 
14
the affected employees reside, but
only for reasons that the 
15
arbitration panel was without or exceeded its
statutory 
16
authority; the order is arbitrary, or capricious; or the order

17
was procured by fraud, collusion or other similar and unlawful 
18
means. Such
petitions for review must be filed with the 
19
appropriate circuit court
within 90 days following the issuance 
20
of the arbitration order. The
pendency of such proceeding for 
21
review shall not automatically stay the
order of the 
22
arbitration panel. The party against whom the final decision
of 
23
any such court shall be adverse, if such court finds such 
24
appeal or
petition to be frivolous, shall pay reasonable 
25
attorneys' fees and costs to
the successful party as determined 
26
by said court in its discretion. If said
court's decision 
 


 






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1
affirms the award of money, such award, if retroactive,
shall 
2
bear interest at the rate of 12 percent per annum from the 
3
effective
retroactive date.

4
 (l) During the pendency of proceedings before the 
5
arbitration panel,
existing wages, hours, and other conditions 
6
of employment shall not be
changed by action of either party 
7
without the consent of the other but a
party may so consent 
8
without prejudice to his rights or position under
this Act. The 
9
proceedings are deemed to be pending before the arbitration

10
panel upon the initiation of arbitration procedures under this 
11
Act.

12
 (m) Security officers of public employers, and Peace 
13
Officers, Fire
Fighters and fire department and fire protection 
14
district paramedics,
covered by this Section may not withhold 
15
services, nor may public employers
lock out or prevent such 
16
employees from performing services at any time.

17
 (n) All of the terms decided upon by the arbitration panel 
18
shall be included
in an agreement to be submitted to the public 
19
employer's governing body
for ratification and adoption by law, 
20
ordinance or the equivalent
appropriate means.

21
 The governing body shall review each term decided by the 
22
arbitration panel.
If the governing body fails to reject one or 
23
more terms of the
arbitration panel's decision by a 3/5 vote of 
24
those duly elected and
qualified members of the governing body, 
25
within 20 days of issuance, or
in the case of firefighters 
26
employed by a state university, at the next
regularly scheduled 
 


 






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1
meeting of the governing body after issuance, such
term or 
2
terms shall become a part of the collective bargaining 
3
agreement of
the parties. If the governing body affirmatively 
4
rejects one or more terms
of the arbitration panel's decision, 
5
it must provide reasons for such
rejection with respect to each 
6
term so rejected, within 20 days of such
rejection and the 
7
parties shall return to the arbitration panel
for further 
8
proceedings and issuance of a supplemental decision with 
9
respect
to the rejected terms. Any supplemental decision by an 
10
arbitration panel
or other decision maker agreed to by the 
11
parties shall be submitted to
the governing body for 
12
ratification and adoption in accordance with the
procedures and 
13
voting requirements set forth in this Section.
The voting 
14
requirements of this subsection shall apply to all disputes

15
submitted to arbitration pursuant to this Section 
16
notwithstanding any
contrary voting requirements contained in 
17
any existing collective
bargaining agreement between the 
18
parties.

19
 (o) If the governing body of the employer votes to reject 
20
the panel's
decision, the parties shall return to the panel 
21
within 30 days from the
issuance of the reasons for rejection 
22
for further proceedings and issuance
of a supplemental 
23
decision. All reasonable costs of such supplemental
proceeding 
24
including the exclusive representative's reasonable attorney's

25
fees, as established by the Board, shall be paid by the 
26
employer.

 


 






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1
 (p) Notwithstanding the provisions of this Section the 
2
employer and
exclusive representative may agree to submit 
3
unresolved disputes concerning
wages, hours, terms and 
4
conditions of employment to an alternative form of
impasse 
5
resolution.

6
(Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; 
7
90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)