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SB2072 Engrossed |
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LRB096 08299 JAM 18407 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is |
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| amended by changing Sections 4 and 14 as follows:
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| (5 ILCS 315/4) (from Ch. 48, par. 1604)
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| Sec. 4. Management Rights. Employers shall not be required |
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| to bargain
over matters of inherent managerial policy, which |
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| shall include such areas
of discretion or policy as the |
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| functions of the employer, standards of
services,
its overall |
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| budget, the organizational structure and selection of new
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| employees, examination techniques
and direction of employees. |
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| Employers, however, shall be required to bargain
collectively |
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| with regard to
policy matters directly affecting wages, hours |
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| and terms and conditions of employment , including manning,
as |
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| well as the impact thereon upon request by employee |
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| representatives.
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| To preserve the rights of employers and exclusive |
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| representatives which
have established collective bargaining |
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| relationships or negotiated collective
bargaining agreements |
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| prior to the effective date of this Act, employers
shall be |
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| required to bargain collectively with regard to any matter |
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| concerning
wages, hours or conditions of employment about which |
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LRB096 08299 JAM 18407 b |
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| they have bargained
for and agreed to in a collective |
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| bargaining agreement
prior to the effective date of this Act.
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| The chief judge of the judicial circuit that employs a |
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| public employee who
is
a court reporter, as defined in the |
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| Court Reporters Act, has the authority to
hire, appoint, |
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| promote, evaluate, discipline, and discharge court reporters
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| within that judicial circuit.
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| Nothing in this amendatory Act of the 94th General Assembly |
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| shall
be construed to intrude upon the judicial functions of |
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| any court. This
amendatory Act of the 94th General Assembly |
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| applies only to nonjudicial
administrative matters relating to |
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| the collective bargaining rights of court
reporters.
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| (Source: P.A. 94-98, eff. 7-1-05.)
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| (5 ILCS 315/14) (from Ch. 48, par. 1614)
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| Sec. 14. Security Employee, Peace Officer and Fire Fighter |
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| Disputes.
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| (a) In the case of collective bargaining agreements |
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| involving units of
security employees of a public employer, |
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| Peace Officer Units, or units of
fire fighters or paramedics, |
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| and in the case of disputes under Section 18,
unless the |
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| parties mutually agree to some other time limit, mediation
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| shall commence 30 days prior to the expiration date of such |
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| agreement or
at such later time as the mediation services |
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| chosen under subsection (b) of
Section 12 can be provided to |
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| the parties. In the case of negotiations
for an initial |
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| collective bargaining agreement, mediation shall commence
upon |
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| 15 days notice from either party or at such later time as the
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| mediation services chosen pursuant to subsection (b) of Section |
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| 12 can be
provided to the parties. In mediation under this |
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| Section, if either party
requests the use of mediation services |
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| from the Federal Mediation and
Conciliation Service, the other |
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| party shall either join in such request or
bear the additional |
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| cost of mediation services from another source. The
mediator |
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| shall have a duty to keep the Board informed on the progress of
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| the mediation. If any dispute has not been resolved within 15 |
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| days after
the first meeting of the parties and the mediator, |
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| or within such other
time limit as may be mutually agreed upon |
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| by the parties, either the
exclusive representative or employer |
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| may request of the other, in writing,
arbitration, and shall |
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| submit a copy of the request to the Board.
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| (b) Within 10 days after such a request for arbitration has |
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| been
made, the employer shall choose a delegate and
the |
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| employees' exclusive representative shall choose a delegate to |
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| a panel
of arbitration as provided in this Section. The |
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| employer and employees
shall forthwith advise the other and the |
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| Board of their selections.
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| (c) Within 7 days of the request of either party, the Board |
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| shall select
from the Public Employees Labor Mediation Roster 7 |
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| persons who are on the
labor arbitration panels of either the |
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| American Arbitration Association or
the Federal Mediation and |
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| Conciliation Service, or who are members of the
National |
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| Academy of Arbitrators, as nominees for
impartial arbitrator of |
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| the arbitration panel. The parties may select an
individual on |
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| the list provided by the Board or any other individual
mutually |
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| agreed upon by the parties. Within 7 days following the receipt
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| of the list, the parties shall notify the Board of the person |
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| they have
selected. Unless the parties agree on an alternate |
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| selection procedure,
they shall alternatively strike one name |
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| from the list provided by the
Board until only one name |
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| remains. A coin toss shall determine which party
shall strike |
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| the first name. If the parties fail to notify the Board in a
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| timely manner of their selection for neutral chairman, the |
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| Board shall
appoint a neutral chairman from the Illinois Public |
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| Employees
Mediation/Arbitration Roster.
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| (d) The chairman shall call a hearing to begin within 15 |
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| days and give
reasonable notice of the time and place of the |
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| hearing. The hearing
shall be held at the offices of the Board |
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| or at such other location as the
Board deems appropriate. The |
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| chairman shall preside over the hearing and
shall take |
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| testimony. Any oral or documentary evidence and other data
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| deemed relevant by the arbitration panel may be received in |
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| evidence. The
proceedings shall be informal. Technical rules of |
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| evidence shall not apply
and the competency of the evidence |
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| shall not thereby be deemed impaired. A
verbatim record of the |
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| proceedings shall be made and the arbitrator shall
arrange for |
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| the necessary recording service. Transcripts may be ordered at
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| the expense of the party ordering them, but the transcripts |
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| shall not be
necessary for a decision by the arbitration panel. |
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| The expense of the
proceedings, including a fee for the |
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| chairman, established in advance by
the Board, shall be borne |
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| equally by each of the parties to the dispute.
The delegates, |
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| if public officers or employees, shall continue on the
payroll |
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| of the public employer without loss of pay. The hearing |
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| conducted
by the arbitration panel may be adjourned from time |
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| to time, but unless
otherwise agreed by the parties, shall be |
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| concluded within 30 days of the
time of its commencement. |
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| Majority actions and rulings shall constitute
the actions and |
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| rulings of the arbitration panel. Arbitration proceedings
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| under this Section shall not be interrupted or terminated by |
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| reason of any
unfair labor practice charge filed by either |
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| party at any time.
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| (e) The arbitration panel may administer oaths, require the |
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| attendance
of witnesses, and the production of such books, |
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| papers, contracts, agreements
and documents as may be deemed by |
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| it material to a just determination of
the issues in dispute, |
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| and for such purpose may issue subpoenas. If any
person refuses |
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| to obey a subpoena, or refuses to be sworn or to testify,
or if |
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| any witness, party or attorney is guilty of any contempt while |
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| in
attendance at any hearing, the arbitration panel may, or the |
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| attorney general
if requested shall, invoke the aid of any |
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| circuit court within the jurisdiction
in which the hearing is |
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| being held, which court shall issue an appropriate
order. Any |
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| failure to obey the order may be punished by the court as |
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LRB096 08299 JAM 18407 b |
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| contempt.
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| (f) At any time before the rendering of an award, the |
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| chairman of the
arbitration panel, if he is of the opinion that |
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| it would be useful or
beneficial to do so, may remand the |
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| dispute to the parties for further
collective bargaining for a |
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| period not to exceed 2 weeks. If the dispute
is remanded for |
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| further collective bargaining the time provisions of this
Act |
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| shall be extended for a time period equal to that of the |
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| remand. The
chairman of the panel of arbitration shall notify |
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| the Board of the remand.
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| (g) At or before the conclusion of the hearing held |
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| pursuant to subsection
(d), the arbitration panel shall |
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| identify the economic issues in dispute,
and direct each of the |
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| parties to submit, within such time limit as the
panel shall |
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| prescribe, to the arbitration panel and to each other its last
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| offer of settlement on each economic issue. The determination |
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| of the
arbitration panel as to the issues in dispute and as to |
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| which of these
issues are economic shall be conclusive. The |
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| arbitration panel, within 30
days after the conclusion of the |
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| hearing, or such further additional
periods to which the |
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| parties may agree, shall make written findings of fact
and |
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| promulgate a written opinion and shall mail or otherwise |
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| deliver a true
copy thereof to the parties and their |
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| representatives and to the Board. As
to each economic issue, |
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| the arbitration panel shall adopt the last offer of
settlement |
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| which, in the opinion of the arbitration panel, more nearly
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LRB096 08299 JAM 18407 b |
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| complies with the applicable factors prescribed in subsection |
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| (h). The
findings, opinions and order as to all other issues |
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| shall be based upon the
applicable factors prescribed in |
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| subsection (h).
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| (h) Where there is no agreement between the parties, or |
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| where there is
an agreement but the parties have begun |
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| negotiations or discussions looking
to a new agreement or |
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| amendment of the existing agreement, and wage rates
or other |
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| conditions of employment under the proposed new or amended |
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| agreement
are in dispute, the arbitration panel shall base its |
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| findings, opinions
and order upon the following factors, as |
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| applicable:
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| (1) The lawful authority of the employer.
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| (2) Stipulations of the parties.
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| (3) The interests and welfare of the public and the |
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| financial ability
of the unit of government to meet those |
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| costs.
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| (4) Comparison of the wages, hours and conditions of |
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| employment of the
employees involved in the arbitration |
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| proceeding with the wages, hours and
conditions of |
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| employment of other employees performing similar services
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| and with other employees generally:
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| (A) In public employment in comparable |
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| communities.
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| (B) In private employment in comparable |
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| communities.
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LRB096 08299 JAM 18407 b |
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| (5) The average consumer prices for goods and services, |
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| commonly known
as the cost of living.
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| (6) The overall compensation presently received by the |
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| employees,
including
direct wage compensation, vacations, |
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| holidays and other excused time, insurance
and pensions, |
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| medical and hospitalization benefits, the continuity and
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| stability of employment and all other benefits received.
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| (7) Changes in any of the foregoing circumstances |
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| during the pendency
of the arbitration proceedings.
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| (8) Such other factors, not confined to the foregoing, |
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| which are normally
or traditionally taken into |
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| consideration in the determination of wages,
hours and |
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| conditions of employment through voluntary collective |
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| bargaining,
mediation, fact-finding, arbitration or |
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| otherwise between the parties, in
the public service or in |
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| private employment.
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| (i) In the case of peace officers, the arbitration decision |
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| shall be
limited to wages, hours, and conditions of employment |
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| (which may include
residency requirements in municipalities |
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| with a population under 1,000,000, but
those residency |
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| requirements shall not allow residency outside of Illinois)
and |
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| shall not include
the following: i) residency requirements in |
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| municipalities with a population
of at least 1,000,000; ii) the |
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| type of equipment, other
than uniforms, issued or used; iii) |
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| (blank) manning ; iv) the total number of
employees employed by |
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| the department; v) mutual aid and assistance
agreements to |
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LRB096 08299 JAM 18407 b |
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| other units of government; and vi) the criterion pursuant to
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| which force, including deadly force, can be used; provided, |
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| nothing herein
shall preclude an arbitration decision |
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| regarding equipment or manning
levels if such decision is based |
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| on a finding that the equipment or manning
considerations in a |
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| specific work assignment involves involve a serious risk to the
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| safety of a peace officer beyond that which is inherent in the |
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| normal
performance of police duties. Limitation of the terms of |
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| the arbitration
decision pursuant to this subsection shall not |
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| be construed to limit the
factors upon which the decision may |
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| be based, as set forth in subsection (h).
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| In the case of fire fighter, and fire department or fire |
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| district paramedic
matters, the arbitration decision shall be |
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| limited to wages, hours, and
conditions of employment (which |
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| may include residency requirements in
municipalities with a |
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| population under 1,000,000, but those residency
requirements |
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| shall not allow residency outside of Illinois) and shall not
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| include the
following matters: i) residency requirements in |
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| municipalities with a
population of at least 1,000,000; ii) the |
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| type of equipment (other than
uniforms and fire fighter turnout |
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| gear) issued or used; iii) the total
number of employees |
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| employed by the department; iv) mutual aid and
assistance |
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| agreements to other units of government; and v) the criterion
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| pursuant to which force, including deadly force, can be used; |
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| provided,
however, nothing herein shall preclude an |
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| arbitration decision regarding
equipment levels if such |
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LRB096 08299 JAM 18407 b |
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| decision is based on a finding that the equipment
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| considerations in a specific work assignment involve a serious |
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| risk to the
safety of a fire fighter beyond that which is |
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| inherent in the normal
performance of fire fighter duties. |
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| Limitation of the terms of the
arbitration decision pursuant to |
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| this subsection shall not be construed to
limit the facts upon |
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| which the decision may be based, as set forth in
subsection |
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| (h).
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| The changes to this subsection (i) made by Public Act |
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| 90-385 (relating to residency requirements) do not
apply to |
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| persons who are employed by a combined department that performs |
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| both
police and firefighting services; these persons shall be |
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| governed by the
provisions of this subsection (i) relating to |
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| peace officers, as they existed
before the amendment by Public |
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| Act 90-385.
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| To preserve historical bargaining rights, this subsection |
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| shall not apply
to any provision of a fire fighter collective |
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| bargaining agreement in effect
and applicable on the effective |
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| date of this Act; provided, however, nothing
herein shall |
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| preclude arbitration with respect to any such provision.
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| (j) Arbitration procedures shall be deemed to be initiated |
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| by the
filing of a letter requesting mediation as required |
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| under subsection (a)
of this Section. The commencement of a new |
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| municipal fiscal year after the
initiation of arbitration |
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| procedures under this Act, but before the
arbitration decision, |
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| or its enforcement, shall not be deemed to render a
dispute |
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| moot, or to otherwise impair the jurisdiction or authority of |
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| the
arbitration panel or its decision. Increases in rates
of |
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| compensation awarded by the arbitration panel may be effective |
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| only at
the start of the fiscal year next commencing after the |
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| date of the arbitration
award. If a new fiscal year has |
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| commenced either since the initiation of
arbitration |
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| procedures under this Act or since any mutually agreed
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| extension of the statutorily required period of mediation
under |
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| this Act by the parties to the labor dispute causing a
delay in |
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| the initiation of arbitration, the foregoing limitations shall |
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| be
inapplicable, and such awarded increases may be retroactive |
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| to the
commencement of the fiscal year, any other statute or |
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| charter provisions to
the contrary, notwithstanding. At any |
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| time the parties, by stipulation, may
amend or modify an award |
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| of arbitration.
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| (k) Orders of the arbitration panel shall be reviewable, |
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| upon
appropriate petition by either the public employer or the |
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| exclusive
bargaining representative, by the circuit court for |
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| the county in which the
dispute arose or in which a majority of |
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| the affected employees reside, but
only for reasons that the |
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| arbitration panel was without or exceeded its
statutory |
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| authority; the order is arbitrary, or capricious; or the order
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| was procured by fraud, collusion or other similar and unlawful |
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| means. Such
petitions for review must be filed with the |
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| appropriate circuit court
within 90 days following the issuance |
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| of the arbitration order. The
pendency of such proceeding for |
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LRB096 08299 JAM 18407 b |
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| review shall not automatically stay the
order of the |
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| arbitration panel. The party against whom the final decision
of |
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| any such court shall be adverse, if such court finds such |
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| appeal or
petition to be frivolous, shall pay reasonable |
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| attorneys' fees and costs to
the successful party as determined |
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| by said court in its discretion. If said
court's decision |
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| affirms the award of money, such award, if retroactive,
shall |
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| bear interest at the rate of 12 percent per annum from the |
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| effective
retroactive date.
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| (l) During the pendency of proceedings before the |
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| arbitration panel,
existing wages, hours, and other conditions |
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| of employment shall not be
changed by action of either party |
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| without the consent of the other but a
party may so consent |
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| without prejudice to his rights or position under
this Act. The |
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| proceedings are deemed to be pending before the arbitration
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| panel upon the initiation of arbitration procedures under this |
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| Act.
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| (m) Security officers of public employers, and Peace |
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| Officers, Fire
Fighters and fire department and fire protection |
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| district paramedics,
covered by this Section may not withhold |
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| services, nor may public employers
lock out or prevent such |
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| employees from performing services at any time.
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| (n) All of the terms decided upon by the arbitration panel |
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| shall be included
in an agreement to be submitted to the public |
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| employer's governing body
for ratification and adoption by law, |
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| ordinance or the equivalent
appropriate means.
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LRB096 08299 JAM 18407 b |
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| The governing body shall review each term decided by the |
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| arbitration panel.
If the governing body fails to reject one or |
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| more terms of the
arbitration panel's decision by a 3/5 vote of |
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| those duly elected and
qualified members of the governing body, |
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| within 20 days of issuance, or
in the case of firefighters |
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| employed by a state university, at the next
regularly scheduled |
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| meeting of the governing body after issuance, such
term or |
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| terms shall become a part of the collective bargaining |
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| agreement of
the parties. If the governing body affirmatively |
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| rejects one or more terms
of the arbitration panel's decision, |
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| it must provide reasons for such
rejection with respect to each |
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| term so rejected, within 20 days of such
rejection and the |
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| parties shall return to the arbitration panel
for further |
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| proceedings and issuance of a supplemental decision with |
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| respect
to the rejected terms. Any supplemental decision by an |
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| arbitration panel
or other decision maker agreed to by the |
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| parties shall be submitted to
the governing body for |
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| ratification and adoption in accordance with the
procedures and |
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| voting requirements set forth in this Section.
The voting |
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| requirements of this subsection shall apply to all disputes
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| submitted to arbitration pursuant to this Section |
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| notwithstanding any
contrary voting requirements contained in |
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| any existing collective
bargaining agreement between the |
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| parties.
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| (o) If the governing body of the employer votes to reject |
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| the panel's
decision, the parties shall return to the panel |
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LRB096 08299 JAM 18407 b |
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| within 30 days from the
issuance of the reasons for rejection |
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| for further proceedings and issuance
of a supplemental |
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| decision. All reasonable costs of such supplemental
proceeding |
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| including the exclusive representative's reasonable attorney's
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| fees, as established by the Board, shall be paid by the |
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| employer.
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| (p) Notwithstanding the provisions of this Section the |
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| employer and
exclusive representative may agree to submit |
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| unresolved disputes concerning
wages, hours, terms and |
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| conditions of employment to an alternative form of
impasse |
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| resolution.
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| (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97; |
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| 90-385, eff.
8-15-97; 90-655, eff. 7-30-98.)
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