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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1732 Introduced 2/15/2019, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
| | 115 ILCS 5/12 | from Ch. 48, par. 1712 | 115 ILCS 5/4.5 rep. | |
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Amends the Illinois Educational Labor Relations Act. Removes language concerning impasse procedures involving an educational employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000. Repeals provisions concerning subjects of collective bargaining with that educational employer. Effective immediately. |
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| | | FISCAL NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning education.
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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 Educational Labor Relations Act is |
5 | | amended by changing Section 12 as follows:
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6 | | (115 ILCS 5/12) (from Ch. 48, par. 1712)
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7 | | Sec. 12. Impasse procedures.
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8 | | (a) This subsection (a) applies only to collective |
9 | | bargaining between an educational employer that is not a public |
10 | | school district organized under Article 34 of the School Code |
11 | | and an exclusive representative of its employees. If the |
12 | | parties engaged in collective
bargaining have not reached an |
13 | | agreement by 90 days before the scheduled
start of the |
14 | | forthcoming school year, the parties shall notify the Illinois
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15 | | Educational Labor Relations Board concerning the status of |
16 | | negotiations. This notice shall include a statement on whether |
17 | | mediation has been used.
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18 | | Upon demand of either party, collective bargaining between |
19 | | the employer
and an exclusive bargaining representative must |
20 | | begin within 60 days of
the date of certification of the |
21 | | representative by the Board, or in the case
of an existing |
22 | | exclusive bargaining representative, within 60 days of the
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23 | | receipt by a party of a demand to bargain issued by the other |
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1 | | party. Once
commenced, collective bargaining must continue for |
2 | | at least a 60 day
period, unless a contract is entered into.
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3 | | Except as otherwise provided in subsection (b) of this |
4 | | Section, if after
a reasonable period of negotiation and within |
5 | | 90 days of the
scheduled start of the forth-coming school year, |
6 | | the parties engaged in
collective bargaining have reached an |
7 | | impasse, either party may petition
the Board to initiate |
8 | | mediation. Alternatively, the Board on its own
motion may |
9 | | initiate mediation during this period. However, mediation |
10 | | shall
be initiated by the Board at any time when jointly |
11 | | requested by the parties
and the services of the mediators |
12 | | shall continuously be made available to
the employer and to the |
13 | | exclusive bargaining representative for purposes of
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14 | | arbitration of grievances and mediation or arbitration of |
15 | | contract
disputes. If requested by the parties, the mediator |
16 | | may perform
fact-finding and in so doing conduct hearings and |
17 | | make written findings and
recommendations for resolution of the |
18 | | dispute. Such mediation shall be
provided by the Board and |
19 | | shall be held before qualified impartial
individuals. Nothing |
20 | | prohibits the use of other individuals or
organizations such as |
21 | | the Federal Mediation and Conciliation Service or the
American |
22 | | Arbitration Association selected by both the exclusive |
23 | | bargaining
representative and the employer.
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24 | | If the parties engaged in collective bargaining fail to |
25 | | reach an agreement
within 45 days of the scheduled start of the |
26 | | forthcoming school year and
have not requested mediation, the |
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1 | | Illinois Educational Labor Relations Board
shall invoke |
2 | | mediation.
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3 | | Whenever mediation is initiated or invoked under this |
4 | | subsection (a), the
parties may stipulate to defer selection of |
5 | | a mediator in accordance with
rules adopted by the Board.
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6 | | (a-5) This subsection (a-5) applies only to collective |
7 | | bargaining between a public school district or a combination of |
8 | | public school districts, including, but not limited to, joint |
9 | | cooperatives, that is not organized under Article 34 of the |
10 | | School Code and an exclusive representative of its employees. |
11 | | (1) Any time 15 days after mediation has commenced, |
12 | | either party may initiate the public posting process. The |
13 | | mediator may initiate the public posting process at any |
14 | | time 15 days after mediation has commenced during the |
15 | | mediation process. Initiation of the public posting |
16 | | process must be filed in writing with the Board, and copies |
17 | | must be submitted to the parties on the same day the |
18 | | initiation is filed with the Board. |
19 | | (2) Within 7 days after the initiation of the public |
20 | | posting process, each party shall submit to the mediator, |
21 | | the Board, and the other party in writing the most recent |
22 | | offer of the party, including a cost summary of the offer. |
23 | | Seven days after receipt of the parties' offers, the Board |
24 | | shall make public the offers and each party's cost summary |
25 | | dealing with those issues on which the parties have failed |
26 | | to reach agreement by immediately posting the offers on its |
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1 | | Internet website, unless otherwise notified by the |
2 | | mediator or jointly by the parties that agreement has been |
3 | | reached. On the same day of publication by the Board, at a |
4 | | minimum, the school district shall distribute notice of the |
5 | | availability of the offers on the Board's Internet website |
6 | | to all news media that have filed an annual request for |
7 | | notices from the school district pursuant to Section 2.02 |
8 | | of the Open Meetings Act. The parties' offers shall remain |
9 | | on the Board's Internet website until the parties have |
10 | | reached and ratified an agreement. |
11 | | (a-10) This subsection (a-10) applies only to collective |
12 | | bargaining between a public school district organized under |
13 | | Article 34 of the School Code and an exclusive representative |
14 | | of its employees. |
15 | | (1) For collective bargaining agreements between an |
16 | | educational employer to which this subsection (a-10) |
17 | | applies and an exclusive representative of its employees, |
18 | | if the parties fail to reach an agreement after a |
19 | | reasonable period of mediation, the dispute shall be |
20 | | submitted to fact-finding in accordance with this |
21 | | subsection (a-10). Either the educational employer or the |
22 | | exclusive representative may initiate fact-finding by |
23 | | submitting a written demand to the other party with a copy |
24 | | of the demand submitted simultaneously to the Board. |
25 | | (2) Within 3 days following a party's demand for |
26 | | fact-finding, each party shall appoint one member of the |
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1 | | fact-finding panel, unless the parties agree to proceed |
2 | | without a tri-partite panel. Following these appointments, |
3 | | if any, the parties shall select a qualified impartial |
4 | | individual to serve as the fact-finder and chairperson of |
5 | | the fact-finding panel, if applicable. An individual shall |
6 | | be considered qualified to serve as the fact-finder and |
7 | | chairperson of the fact-finding panel, if applicable, if he |
8 | | or she was not the same individual who was appointed as the |
9 | | mediator and if he or she satisfies the following |
10 | | requirements: membership in good standing with the |
11 | | National Academy of Arbitrators, Federal Mediation and |
12 | | Conciliation Service, or American Arbitration Association |
13 | | for a minimum of 10 years; membership on the mediation |
14 | | roster for the Illinois Labor Relations Board or Illinois |
15 | | Educational Labor Relations Board; issuance of at least 5 |
16 | | interest arbitration awards arising under the Illinois |
17 | | Public Labor Relations Act; and participation in impasse |
18 | | resolution processes arising under private or public |
19 | | sector collective bargaining statutes in other states. If |
20 | | the parties are unable to agree on a fact-finder, the |
21 | | parties shall request a panel of fact-finders who satisfy |
22 | | the requirements set forth in this paragraph (2) from |
23 | | either the Federal Mediation and Conciliation Service or |
24 | | the American Arbitration Association and shall select a |
25 | | fact-finder from such panel in accordance with the |
26 | | procedures established by the organization providing the |
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1 | | panel. |
2 | | (3) The fact-finder shall have the following duties and |
3 | | powers: |
4 | | (A) to require the parties to submit a statement of |
5 | | disputed issues and their positions regarding each |
6 | | issue either jointly or separately; |
7 | | (B) to identify disputed issues that are economic |
8 | | in nature; |
9 | | (C) to meet with the parties either separately or |
10 | | in executive sessions; |
11 | | (D) to conduct hearings and regulate the time, |
12 | | place, course, and manner of the hearings; |
13 | | (E) to request the Board to issue subpoenas |
14 | | requiring the attendance and testimony of witnesses or |
15 | | the production of evidence; |
16 | | (F) to administer oaths and affirmations; |
17 | | (G) to examine witnesses and documents; |
18 | | (H) to create a full and complete written record of |
19 | | the hearings; |
20 | | (I) to attempt mediation or remand a disputed issue |
21 | | to the parties for further collective bargaining; |
22 | | (J) to require the parties to submit final offers |
23 | | for each disputed issue either individually or as a |
24 | | package or as a combination of both; and |
25 | | (K) to employ any other measures deemed |
26 | | appropriate to resolve the impasse. |
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1 | | (4) If the dispute is not settled within 75 days after |
2 | | the appointment of the fact-finding panel, the |
3 | | fact-finding panel shall issue a private report to the |
4 | | parties that contains advisory findings of fact and |
5 | | recommended terms of settlement for all disputed issues and |
6 | | that sets forth a rationale for each recommendation. The |
7 | | fact-finding panel, acting by a majority of its members, |
8 | | shall base its findings and recommendations upon the |
9 | | following criteria as applicable: |
10 | | (A) the lawful authority of the employer; |
11 | | (B) the federal and State statutes or local |
12 | | ordinances and resolutions applicable to the employer; |
13 | | (C) prior collective bargaining agreements and the |
14 | | bargaining history between the parties; |
15 | | (D) stipulations of the parties; |
16 | | (E) the interests and welfare of the public and the |
17 | | students and families served by the employer; |
18 | | (F) the employer's financial ability to fund the |
19 | | proposals based on existing available resources, |
20 | | provided that such ability is not predicated on an |
21 | | assumption that lines of credit or reserve funds are |
22 | | available or that the employer may or will receive or |
23 | | develop new sources of revenue or increase existing |
24 | | sources of revenue; |
25 | | (G) the impact of any economic adjustments on the |
26 | | employer's ability to pursue its educational mission; |
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1 | | (H) the present and future general economic |
2 | | conditions in the locality and State; |
3 | | (I) a comparison of the wages, hours, and |
4 | | conditions of employment of the employees involved in |
5 | | the dispute with the wages, hours, and conditions of |
6 | | employment of employees performing similar services in |
7 | | public education in the 10 largest U.S. cities; |
8 | | (J) the average consumer prices in urban areas for |
9 | | goods and services, which is commonly known as the cost |
10 | | of living; |
11 | | (K) the overall compensation presently received by |
12 | | the employees involved in the dispute, including |
13 | | direct wage compensation; vacations, holidays, and |
14 | | other excused time; insurance and pensions; medical |
15 | | and hospitalization benefits; the continuity and |
16 | | stability of employment and all other benefits |
17 | | received; and how each party's proposed compensation |
18 | | structure supports the educational goals of the |
19 | | district; |
20 | | (L) changes in any of the circumstances listed in |
21 | | items (A) through (K) of this paragraph (4) during the |
22 | | fact-finding proceedings; |
23 | | (M) the effect that any term the parties are at |
24 | | impasse on has or may have on the overall educational |
25 | | environment, learning conditions, and working |
26 | | conditions with the school district; and |
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1 | | (N) the effect that any term the parties are at |
2 | | impasse on has or may have in promoting the public |
3 | | policy of this State. |
4 | | (5) The fact-finding panel's recommended terms of |
5 | | settlement shall be deemed agreed upon by the parties as |
6 | | the final resolution of the disputed issues and |
7 | | incorporated into the collective bargaining agreement |
8 | | executed by the parties, unless either party tenders to the |
9 | | other party and the chairperson of the fact-finding panel a |
10 | | notice of rejection of the recommended terms of settlement |
11 | | with a rationale for the rejection, within 15 days after |
12 | | the date of issuance of the fact-finding panel's report. If |
13 | | either party submits a notice of rejection, the chairperson |
14 | | of the fact-finding panel shall publish the fact-finding |
15 | | panel's report and the notice of rejection for public |
16 | | information by delivering a copy to all newspapers of |
17 | | general circulation in the community with simultaneous |
18 | | written notice to the parties. |
19 | | (b) (Blank). If, after a period of bargaining of at least |
20 | | 60 days, a
dispute or impasse exists between an educational |
21 | | employer whose territorial
boundaries are coterminous with |
22 | | those of a city having a population in
excess of 500,000 and |
23 | | the exclusive bargaining representative over
a subject or |
24 | | matter set forth in Section 4.5 of this Act, the parties shall
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25 | | submit the dispute or impasse to the dispute resolution |
26 | | procedure
agreed to between the parties. The procedure shall |
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1 | | provide for mediation
of disputes by a rotating mediation panel |
2 | | and may, at the request of
either party, include the issuance |
3 | | of advisory findings of fact and
recommendations.
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4 | | (c) The costs of fact finding and mediation shall be shared |
5 | | equally
between
the employer and the exclusive bargaining |
6 | | agent, provided that, for
purposes of mediation under this Act, |
7 | | if either party requests the use of
mediation services from the |
8 | | Federal Mediation and Conciliation Service, the
other party |
9 | | shall either join in such request or bear the additional cost
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10 | | of mediation services from another source. All other costs and |
11 | | expenses of complying with this Section must be borne by the |
12 | | party incurring them.
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13 | | (c-5) If an educational employer or exclusive bargaining |
14 | | representative refuses to participate in mediation or fact |
15 | | finding when required by this Section, the refusal shall be |
16 | | deemed a refusal to bargain in good faith. |
17 | | (d) Nothing in this Act prevents an employer and an |
18 | | exclusive bargaining
representative from mutually submitting |
19 | | to final and binding impartial
arbitration unresolved issues |
20 | | concerning the terms of a new collective
bargaining agreement.
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21 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, |
22 | | eff. 1-1-14.)
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23 | | (115 ILCS 5/4.5 rep.)
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24 | | Section 10. The Illinois Educational Labor Relations Act is |
25 | | amended by repealing Section 4.5.
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