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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1053 Introduced 2/11/2015, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED:
| | 5 ILCS 315/14 | from Ch. 48, par. 1614 |
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Amends the Illinois Public Labor Relations Act. Makes
a technical change in a Section concerning security employees.
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| | A BILL FOR |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Public Labor Relations Act is |
5 | | amended by changing Section 14 as follows:
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6 | | (5 ILCS 315/14) (from Ch. 48, par. 1614)
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7 | | Sec. 14. Security Employee, Peace Officer and Fire Fighter |
8 | | Disputes.
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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
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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
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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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1 | | 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
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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.
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16 | | (c) Within 7 days after the request of either party, the |
17 | | parties shall request a panel of impartial arbitrators from |
18 | | which they shall select the neutral chairman according to the |
19 | | procedures provided in this Section. If the parties have agreed |
20 | | to a contract that contains a grievance resolution procedure as |
21 | | provided in Section 8, the chairman shall be selected using |
22 | | their agreed contract procedure unless they mutually agree to |
23 | | another procedure. If the parties fail to notify the Board of |
24 | | their selection of neutral chairman within 7 days after receipt |
25 | | of the list of impartial arbitrators, the Board shall appoint, |
26 | | at random, a neutral chairman from the list. In the absence of |
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1 | | an agreed contract procedure for selecting an impartial |
2 | | arbitrator, either party may request a panel from the Board. |
3 | | Within 7 days of the request of either party, the Board shall |
4 | | select
from the Public Employees Labor Mediation Roster 7 |
5 | | persons who are on the
labor arbitration panels of either the |
6 | | American Arbitration Association or
the Federal Mediation and |
7 | | Conciliation Service, or who are members of the
National |
8 | | Academy of Arbitrators, as nominees for
impartial arbitrator of |
9 | | the arbitration panel. The parties may select an
individual on |
10 | | the list provided by the Board or any other individual
mutually |
11 | | agreed upon by the parties. Within 7 days following the receipt
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12 | | of the list, the parties shall notify the Board of the person |
13 | | they have
selected. Unless the parties agree on an alternate |
14 | | selection procedure,
they shall alternatively strike one name |
15 | | from the list provided by the
Board until only one name |
16 | | remains. A coin toss shall determine which party
shall strike |
17 | | the first name. If the parties fail to notify the Board in a
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18 | | timely manner of their selection for neutral chairman, the |
19 | | Board shall
appoint a neutral chairman from the Illinois Public |
20 | | Employees
Mediation/Arbitration Roster.
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21 | | (d) The chairman shall call a hearing to begin within 15 |
22 | | days and give
reasonable notice of the time and place of the |
23 | | hearing. The hearing
shall be held at the offices of the Board |
24 | | or at such other location as the
Board deems appropriate. The |
25 | | chairman shall preside over the hearing and
shall take |
26 | | testimony. Any oral or documentary evidence and other data
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1 | | deemed relevant by the arbitration panel may be received in |
2 | | evidence. The
proceedings shall be informal. Technical rules of |
3 | | evidence shall not apply
and the competency of the evidence |
4 | | shall not thereby be deemed impaired. A
verbatim record of the |
5 | | proceedings shall be made and the arbitrator shall
arrange for |
6 | | the necessary recording service. Transcripts may be ordered at
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7 | | the expense of the party ordering them, but the transcripts |
8 | | shall not be
necessary for a decision by the arbitration panel. |
9 | | The expense of the
proceedings, including a fee for the |
10 | | chairman, shall be borne equally by each of the parties to the |
11 | | dispute.
The delegates, if public officers or employees, shall |
12 | | continue on the
payroll of the public employer without loss of |
13 | | pay. The hearing conducted
by the arbitration panel may be |
14 | | adjourned from time to time, but unless
otherwise agreed by the |
15 | | parties, shall be concluded within 30 days of the
time of its |
16 | | commencement. Majority actions and rulings shall constitute
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17 | | the actions and rulings of the arbitration panel. Arbitration |
18 | | proceedings
under this Section shall not be interrupted or |
19 | | terminated by reason of any
unfair labor practice charge filed |
20 | | by either party at any time.
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21 | | (e) The arbitration panel may administer oaths, require the |
22 | | attendance
of witnesses, and the production of such books, |
23 | | papers, contracts, agreements
and documents as may be deemed by |
24 | | it material to a just determination of
the issues in dispute, |
25 | | and for such purpose may issue subpoenas. If any
person refuses |
26 | | to obey a subpoena, or refuses to be sworn or to testify,
or if |
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1 | | any witness, party or attorney is guilty of any contempt while |
2 | | in
attendance at any hearing, the arbitration panel may, or the |
3 | | attorney general
if requested shall, invoke the aid of any |
4 | | circuit court within the jurisdiction
in which the hearing is |
5 | | being held, which court shall issue an appropriate
order. Any |
6 | | failure to obey the order may be punished by the court as |
7 | | contempt.
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8 | | (f) At any time before the rendering of an award, the |
9 | | chairman of the
arbitration panel, if he is of the opinion that |
10 | | it would be useful or
beneficial to do so, may remand the |
11 | | dispute to the parties for further
collective bargaining for a |
12 | | period not to exceed 2 weeks. If the dispute
is remanded for |
13 | | further collective bargaining the time provisions of this
Act |
14 | | shall be extended for a time period equal to that of the |
15 | | remand. The
chairman of the panel of arbitration shall notify |
16 | | the Board of the remand.
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17 | | (g) At or before the conclusion of the hearing held |
18 | | pursuant to subsection
(d), the arbitration panel shall |
19 | | identify the economic issues in dispute,
and direct each of the |
20 | | parties to submit, within such time limit as the
panel shall |
21 | | prescribe, to the arbitration panel and to each other its last
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22 | | offer of settlement on each economic issue. The determination |
23 | | of the
arbitration panel as to the issues in dispute and as to |
24 | | which of these
issues are economic shall be conclusive. The |
25 | | arbitration panel, within 30
days after the conclusion of the |
26 | | hearing, or such further additional
periods to which the |
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1 | | parties may agree, shall make written findings of fact
and |
2 | | promulgate a written opinion and shall mail or otherwise |
3 | | deliver a true
copy thereof to the parties and their |
4 | | representatives and to the Board. As
to each economic issue, |
5 | | the arbitration panel shall adopt the last offer of
settlement |
6 | | which, in the opinion of the arbitration panel, more nearly
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7 | | complies with the applicable factors prescribed in subsection |
8 | | (h). The
findings, opinions and order as to all other issues |
9 | | shall be based upon the
applicable factors prescribed in |
10 | | subsection (h).
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11 | | (h) Where there is no agreement between the parties, or |
12 | | where there is
an agreement but the parties have begun |
13 | | negotiations or discussions looking
to a new agreement or |
14 | | amendment of the existing agreement, and wage rates
or other |
15 | | conditions of employment under the proposed new or amended |
16 | | agreement
are in dispute, the arbitration panel shall base its |
17 | | findings, opinions
and order upon the following factors, as |
18 | | applicable:
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19 | | (1) The lawful authority of the employer.
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20 | | (2) Stipulations of the parties.
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21 | | (3) The interests and welfare of the public and the |
22 | | financial ability
of the unit of government to meet those |
23 | | costs.
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24 | | (4) Comparison of the wages, hours and conditions of |
25 | | employment of the
employees involved in the arbitration |
26 | | proceeding with the wages, hours and
conditions of |
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1 | | employment of other employees performing similar services
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2 | | and with other employees generally:
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3 | | (A) In public employment in comparable |
4 | | communities.
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5 | | (B) In private employment in comparable |
6 | | communities.
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7 | | (5) The average consumer prices for goods and services, |
8 | | commonly known
as the cost of living.
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9 | | (6) The overall compensation presently received by the |
10 | | employees,
including
direct wage compensation, vacations, |
11 | | holidays and other excused time, insurance
and pensions, |
12 | | medical and hospitalization benefits, the continuity and
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13 | | stability of employment and all other benefits received.
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14 | | (7) Changes in any of the foregoing circumstances |
15 | | during the pendency
of the arbitration proceedings.
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16 | | (8) Such other factors, not confined to the foregoing, |
17 | | which are normally
or traditionally taken into |
18 | | consideration in the determination of wages,
hours and |
19 | | conditions of employment through voluntary collective |
20 | | bargaining,
mediation, fact-finding, arbitration or |
21 | | otherwise between the parties, in
the public service or in |
22 | | private employment.
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23 | | (i) In the case of peace officers, the arbitration decision |
24 | | shall be
limited to wages, hours, and conditions of employment |
25 | | (which may include
residency requirements in municipalities |
26 | | with a population under 1,000,000, but
those residency |
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1 | | requirements shall not allow residency outside of Illinois)
and |
2 | | shall not include
the following: i) residency requirements in |
3 | | municipalities with a population
of at least 1,000,000; ii) the |
4 | | type of equipment, other
than uniforms, issued or used; iii) |
5 | | manning; iv) the total number of
employees employed by the |
6 | | department; v) mutual aid and assistance
agreements to other |
7 | | units of government; and vi) the criterion pursuant to
which |
8 | | force, including deadly force, can be used; provided, nothing |
9 | | herein
shall preclude an arbitration decision regarding |
10 | | equipment or manning
levels if such decision is based on a |
11 | | finding that the equipment or manning
considerations in a |
12 | | specific work assignment involve a serious risk to the
safety |
13 | | of a peace officer beyond that which is inherent in the normal
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14 | | performance of police duties. Limitation of the terms of the |
15 | | arbitration
decision pursuant to this subsection shall not be |
16 | | construed to limit the
factors upon which the decision may be |
17 | | based, as set forth in subsection (h).
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18 | | In the case of fire fighter, and fire department or fire |
19 | | district paramedic
matters, the arbitration decision shall be |
20 | | limited to wages, hours, and
conditions of employment (which |
21 | | may include residency requirements in
municipalities with a |
22 | | population under 1,000,000, but those residency
requirements |
23 | | shall not allow residency outside of Illinois) and shall not
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24 | | include the
following matters: i) residency requirements in |
25 | | municipalities with a
population of at least 1,000,000; ii) the |
26 | | type of equipment (other than
uniforms and fire fighter turnout |
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1 | | gear) issued or used; iii) the total
number of employees |
2 | | employed by the department; iv) mutual aid and
assistance |
3 | | agreements to other units of government; and v) the criterion
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4 | | pursuant to which force, including deadly force, can be used; |
5 | | provided,
however, nothing herein shall preclude an |
6 | | arbitration decision regarding
equipment levels if such |
7 | | decision is based on a finding that the equipment
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8 | | considerations in a specific work assignment involve a serious |
9 | | risk to the
safety of a fire fighter beyond that which is |
10 | | inherent in the normal
performance of fire fighter duties. |
11 | | Limitation of the terms of the
arbitration decision pursuant to |
12 | | this subsection shall not be construed to
limit the facts upon |
13 | | which the decision may be based, as set forth in
subsection |
14 | | (h).
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15 | | The changes to this subsection (i) made by Public Act |
16 | | 90-385 (relating to residency requirements) do not
apply to |
17 | | persons who are employed by a combined department that performs |
18 | | both
police and firefighting services; these persons shall be |
19 | | governed by the
provisions of this subsection (i) relating to |
20 | | peace officers, as they existed
before the amendment by Public |
21 | | Act 90-385.
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22 | | To preserve historical bargaining rights, this subsection |
23 | | shall not apply
to any provision of a fire fighter collective |
24 | | bargaining agreement in effect
and applicable on the effective |
25 | | date of this Act; provided, however, nothing
herein shall |
26 | | preclude arbitration with respect to any such provision.
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1 | | (j) Arbitration procedures shall be deemed to be initiated |
2 | | by the
filing of a letter requesting mediation as required |
3 | | under subsection (a)
of this Section. The commencement of a new |
4 | | municipal fiscal year after the
initiation of arbitration |
5 | | procedures under this Act, but before the
arbitration decision, |
6 | | or its enforcement, shall not be deemed to render a
dispute |
7 | | moot, or to otherwise impair the jurisdiction or authority of |
8 | | the
arbitration panel or its decision. Increases in rates
of |
9 | | compensation awarded by the arbitration panel may be effective |
10 | | only at
the start of the fiscal year next commencing after the |
11 | | date of the arbitration
award. If a new fiscal year has |
12 | | commenced either since the initiation of
arbitration |
13 | | procedures under this Act or since any mutually agreed
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14 | | extension of the statutorily required period of mediation
under |
15 | | this Act by the parties to the labor dispute causing a
delay in |
16 | | the initiation of arbitration, the foregoing limitations shall |
17 | | be
inapplicable, and such awarded increases may be retroactive |
18 | | to the
commencement of the fiscal year, any other statute or |
19 | | charter provisions to
the contrary, notwithstanding. At any |
20 | | time the parties, by stipulation, may
amend or modify an award |
21 | | of arbitration.
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22 | | (k) Orders of the arbitration panel shall be reviewable, |
23 | | upon
appropriate petition by either the public employer or the |
24 | | exclusive
bargaining representative, by the circuit court for |
25 | | the county in which the
dispute arose or in which a majority of |
26 | | the affected employees reside, but
only for reasons that the |
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1 | | arbitration panel was without or exceeded its
statutory |
2 | | authority; the order is arbitrary, or capricious; or the order
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3 | | was procured by fraud, collusion or other similar and unlawful |
4 | | means. Such
petitions for review must be filed with the |
5 | | appropriate circuit court
within 90 days following the issuance |
6 | | of the arbitration order. The
pendency of such proceeding for |
7 | | review shall not automatically stay the
order of the |
8 | | arbitration panel. The party against whom the final decision
of |
9 | | any such court shall be adverse, if such court finds such |
10 | | appeal or
petition to be frivolous, shall pay reasonable |
11 | | attorneys' fees and costs to
the successful party as determined |
12 | | by said court in its discretion. If said
court's decision |
13 | | affirms the award of money, such award, if retroactive,
shall |
14 | | bear interest at the rate of 12 percent per annum from the |
15 | | effective
retroactive date.
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16 | | (l) During the pendency of proceedings before the |
17 | | arbitration panel,
existing wages, hours, and other conditions |
18 | | of employment shall not be
changed by action of either party |
19 | | without the consent of the other but a
party may so consent |
20 | | without prejudice to his rights or position under
this Act. The |
21 | | proceedings are deemed to be pending before the arbitration
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22 | | panel upon the initiation of arbitration procedures under this |
23 | | Act.
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24 | | (m) Security officers of public employers, and Peace |
25 | | Officers, Fire
Fighters and fire department and fire protection |
26 | | district paramedics,
covered by this Section may not withhold |
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1 | | services, nor may public employers
lock out or prevent such |
2 | | employees from performing services at any time.
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3 | | (n) All of the terms decided upon by the arbitration panel |
4 | | shall be included
in an agreement to be submitted to the public |
5 | | employer's governing body
for ratification and adoption by law, |
6 | | ordinance or the equivalent
appropriate means.
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7 | | The governing body shall review each term decided by the |
8 | | arbitration panel.
If the governing body fails to reject one or |
9 | | more terms of the
arbitration panel's decision by a 3/5 vote of |
10 | | those duly elected and
qualified members of the governing body, |
11 | | within 20 days of issuance, or
in the case of firefighters |
12 | | employed by a state university, at the next
regularly scheduled |
13 | | meeting of the governing body after issuance, such
term or |
14 | | terms shall become a part of the collective bargaining |
15 | | agreement of
the parties. If the governing body affirmatively |
16 | | rejects one or more terms
of the arbitration panel's decision, |
17 | | it must provide reasons for such
rejection with respect to each |
18 | | term so rejected, within 20 days of such
rejection and the |
19 | | parties shall return to the arbitration panel
for further |
20 | | proceedings and issuance of a supplemental decision with |
21 | | respect
to the rejected terms. Any supplemental decision by an |
22 | | arbitration panel
or other decision maker agreed to by the |
23 | | parties shall be submitted to
the governing body for |
24 | | ratification and adoption in accordance with the
procedures and |
25 | | voting requirements set forth in this Section.
The voting |
26 | | requirements of this subsection shall apply to all disputes
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1 | | submitted to arbitration pursuant to this Section |
2 | | notwithstanding any
contrary voting requirements contained in |
3 | | any existing collective
bargaining agreement between the |
4 | | parties.
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5 | | (o) If the governing body of the employer votes to reject |
6 | | the panel's
decision, the parties shall return to the panel |
7 | | within 30 days from the
issuance of the reasons for rejection |
8 | | for further proceedings and issuance
of a supplemental |
9 | | decision. All reasonable costs of such supplemental
proceeding |
10 | | including the exclusive representative's reasonable attorney's
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11 | | fees, as established by the Board, shall be paid by the |
12 | | employer.
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13 | | (p) Notwithstanding the provisions of this Section the |
14 | | employer and
exclusive representative may agree to submit |
15 | | unresolved disputes concerning
wages, hours, terms and |
16 | | conditions of employment to an alternative form of
impasse |
17 | | resolution.
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18 | | (Source: P.A. 98-535, eff. 1-1-14.)
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