100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4468

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/2  from Ch. 48, par. 1602
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/4  from Ch. 48, par. 1604
5 ILCS 315/6  from Ch. 48, par. 1606
5 ILCS 315/7  from Ch. 48, par. 1607
5 ILCS 315/9  from Ch. 48, par. 1609
5 ILCS 315/15  from Ch. 48, par. 1615
5 ILCS 315/21.5
105 ILCS 5/34-3.5
115 ILCS 5/1  from Ch. 48, par. 1701
115 ILCS 5/2  from Ch. 48, par. 1702
115 ILCS 5/3  from Ch. 48, par. 1703
115 ILCS 5/4  from Ch. 48, par. 1704
115 ILCS 5/7  from Ch. 48, par. 1707
115 ILCS 5/10  from Ch. 48, par. 1710
115 ILCS 5/12  from Ch. 48, par. 1712
115 ILCS 5/4.5 rep.

    Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act to limit the required subjects of collective bargaining under those respective Acts to employee wages. Exempts specified security employees, peace officer units, and units of fire fighters or paramedics from provisions limiting the subjects of collective bargaining to employee wages. Defines "wages". Makes conforming changes. Effective immediately.


LRB100 16692 RJF 31830 b

 

 

A BILL FOR

 

HB4468LRB100 16692 RJF 31830 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 2, 3, 4, 6, 7, 9, 15, and 21.5 as
6follows:
 
7    (5 ILCS 315/2)  (from Ch. 48, par. 1602)
8    Sec. 2. Policy. It is the public policy of the State of
9Illinois to grant public employees full freedom of association,
10self-organization, and designation of representatives of their
11own choosing for the purpose of negotiating wages, hours and
12other conditions of employment or other mutual aid or
13protection.
14    It is the purpose of this Act to regulate labor relations
15between public employers and employees, including the
16designation of employee representatives, negotiation of wages,
17hours and other conditions of employment, and resolution of
18disputes arising under collective bargaining agreements.
19    It is the purpose of this Act to prescribe the legitimate
20rights of both public employees and public employers, to
21protect the public health and safety of the citizens of
22Illinois, and to provide peaceful and orderly procedures for
23protection of the rights of all. To prevent labor strife and to

 

 

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1protect the public health and safety of the citizens of
2Illinois, all collective bargaining disputes involving persons
3designated by the Board as performing essential services and
4those persons defined herein as security employees shall be
5submitted to impartial arbitrators, who shall be authorized to
6issue awards in order to resolve such disputes. It is the
7public policy of the State of Illinois that where the right of
8employees to strike is prohibited by law, it is necessary to
9afford an alternate, expeditious, equitable and effective
10procedure for the resolution of labor disputes subject to
11approval procedures mandated by this Act. To that end, the
12provisions for such awards shall be liberally construed.
13(Source: P.A. 83-1012.)
 
14    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
15    Sec. 3. Definitions. As used in this Act, unless the
16context otherwise requires:
17    (a) "Board" means the Illinois Labor Relations Board or,
18with respect to a matter over which the jurisdiction of the
19Board is assigned to the State Panel or the Local Panel under
20Section 5, the panel having jurisdiction over the matter.
21    (b) "Collective bargaining" means bargaining over terms
22and conditions of employment, including hours, wages, and other
23conditions of employment, as detailed in Section 7 and which
24are not excluded by Section 4.
25    (c) "Confidential employee" means an employee who, in the

 

 

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1regular course of his or her duties, assists and acts in a
2confidential capacity to persons who formulate, determine, and
3effectuate management policies with regard to labor relations
4or who, in the regular course of his or her duties, has
5authorized access to information relating to the effectuation
6or review of the employer's collective bargaining policies.
7    (d) "Craft employees" means skilled journeymen, crafts
8persons, and their apprentices and helpers.
9    (e) "Essential services employees" means those public
10employees performing functions so essential that the
11interruption or termination of the function will constitute a
12clear and present danger to the health and safety of the
13persons in the affected community.
14    (f) "Exclusive representative", except with respect to
15non-State fire fighters and paramedics employed by fire
16departments and fire protection districts, non-State peace
17officers, and peace officers in the Department of State Police,
18means the labor organization that has been (i) designated by
19the Board as the representative of a majority of public
20employees in an appropriate bargaining unit in accordance with
21the procedures contained in this Act, (ii) historically
22recognized by the State of Illinois or any political
23subdivision of the State before July 1, 1984 (the effective
24date of this Act) as the exclusive representative of the
25employees in an appropriate bargaining unit, (iii) after July
261, 1984 (the effective date of this Act) recognized by an

 

 

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1employer upon evidence, acceptable to the Board, that the labor
2organization has been designated as the exclusive
3representative by a majority of the employees in an appropriate
4bargaining unit; (iv) recognized as the exclusive
5representative of personal assistants under Executive Order
62003-8 prior to the effective date of this amendatory Act of
7the 93rd General Assembly, and the organization shall be
8considered to be the exclusive representative of the personal
9assistants as defined in this Section; or (v) recognized as the
10exclusive representative of child and day care home providers,
11including licensed and license exempt providers, pursuant to an
12election held under Executive Order 2005-1 prior to the
13effective date of this amendatory Act of the 94th General
14Assembly, and the organization shall be considered to be the
15exclusive representative of the child and day care home
16providers as defined in this Section.
17    With respect to non-State fire fighters and paramedics
18employed by fire departments and fire protection districts,
19non-State peace officers, and peace officers in the Department
20of State Police, "exclusive representative" means the labor
21organization that has been (i) designated by the Board as the
22representative of a majority of peace officers or fire fighters
23in an appropriate bargaining unit in accordance with the
24procedures contained in this Act, (ii) historically recognized
25by the State of Illinois or any political subdivision of the
26State before January 1, 1986 (the effective date of this

 

 

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1amendatory Act of 1985) as the exclusive representative by a
2majority of the peace officers or fire fighters in an
3appropriate bargaining unit, or (iii) after January 1, 1986
4(the effective date of this amendatory Act of 1985) recognized
5by an employer upon evidence, acceptable to the Board, that the
6labor organization has been designated as the exclusive
7representative by a majority of the peace officers or fire
8fighters in an appropriate bargaining unit.
9    Where a historical pattern of representation exists for the
10workers of a water system that was owned by a public utility,
11as defined in Section 3-105 of the Public Utilities Act, prior
12to becoming certified employees of a municipality or
13municipalities once the municipality or municipalities have
14acquired the water system as authorized in Section 11-124-5 of
15the Illinois Municipal Code, the Board shall find the labor
16organization that has historically represented the workers to
17be the exclusive representative under this Act, and shall find
18the unit represented by the exclusive representative to be the
19appropriate unit.
20    (g) "Fair share agreement" means an agreement between the
21employer and an employee organization under which all or any of
22the employees in a collective bargaining unit are required to
23pay their proportionate share of the costs of the collective
24bargaining process, contract administration, and pursuing
25matters affecting wages, hours, and other conditions of
26employment, but not to exceed the amount of dues uniformly

 

 

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1required of members. The amount certified by the exclusive
2representative shall not include any fees for contributions
3related to the election or support of any candidate for
4political office. Nothing in this subsection (g) shall preclude
5an employee from making voluntary political contributions in
6conjunction with his or her fair share payment.
7    (g-1) "Fire fighter" means, for the purposes of this Act
8only, any person who has been or is hereafter appointed to a
9fire department or fire protection district or employed by a
10state university and sworn or commissioned to perform fire
11fighter duties or paramedic duties, except that the following
12persons are not included: part-time fire fighters, auxiliary,
13reserve or voluntary fire fighters, including paid on-call fire
14fighters, clerks and dispatchers or other civilian employees of
15a fire department or fire protection district who are not
16routinely expected to perform fire fighter duties, or elected
17officials.
18    (g-2) "General Assembly of the State of Illinois" means the
19legislative branch of the government of the State of Illinois,
20as provided for under Article IV of the Constitution of the
21State of Illinois, and includes but is not limited to the House
22of Representatives, the Senate, the Speaker of the House of
23Representatives, the Minority Leader of the House of
24Representatives, the President of the Senate, the Minority
25Leader of the Senate, the Joint Committee on Legislative
26Support Services and any legislative support services agency

 

 

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1listed in the Legislative Commission Reorganization Act of
21984.
3    (h) "Governing body" means, in the case of the State, the
4State Panel of the Illinois Labor Relations Board, the Director
5of the Department of Central Management Services, and the
6Director of the Department of Labor; the county board in the
7case of a county; the corporate authorities in the case of a
8municipality; and the appropriate body authorized to provide
9for expenditures of its funds in the case of any other unit of
10government.
11    (i) "Labor organization" means any organization in which
12public employees participate and that exists for the purpose,
13in whole or in part, of dealing with a public employer
14concerning wages, hours, and other terms and conditions of
15employment, including the settlement of grievances.
16    (i-5) "Legislative liaison" means a person who is an
17employee of a State agency, the Attorney General, the Secretary
18of State, the Comptroller, or the Treasurer, as the case may
19be, and whose job duties require the person to regularly
20communicate in the course of his or her employment with any
21official or staff of the General Assembly of the State of
22Illinois for the purpose of influencing any legislative action.
23    (j) "Managerial employee" means an individual who is
24engaged predominantly in executive and management functions
25and is charged with the responsibility of directing the
26effectuation of management policies and practices. With

 

 

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1respect only to State employees in positions under the
2jurisdiction of the Attorney General, Secretary of State,
3Comptroller, or Treasurer (i) that were certified in a
4bargaining unit on or after December 2, 2008, (ii) for which a
5petition is filed with the Illinois Public Labor Relations
6Board on or after April 5, 2013 (the effective date of Public
7Act 97-1172), or (iii) for which a petition is pending before
8the Illinois Public Labor Relations Board on that date,
9"managerial employee" means an individual who is engaged in
10executive and management functions or who is charged with the
11effectuation of management policies and practices or who
12represents management interests by taking or recommending
13discretionary actions that effectively control or implement
14policy. Nothing in this definition prohibits an individual from
15also meeting the definition of "supervisor" under subsection
16(r) of this Section.
17    (k) "Peace officer" means, for the purposes of this Act
18only, any persons who have been or are hereafter appointed to a
19police force, department, or agency and sworn or commissioned
20to perform police duties, except that the following persons are
21not included: part-time police officers, special police
22officers, auxiliary police as defined by Section 3.1-30-20 of
23the Illinois Municipal Code, night watchmen, "merchant
24police", court security officers as defined by Section 3-6012.1
25of the Counties Code, temporary employees, traffic guards or
26wardens, civilian parking meter and parking facilities

 

 

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1personnel or other individuals specially appointed to aid or
2direct traffic at or near schools or public functions or to aid
3in civil defense or disaster, parking enforcement employees who
4are not commissioned as peace officers and who are not armed
5and who are not routinely expected to effect arrests, parking
6lot attendants, clerks and dispatchers or other civilian
7employees of a police department who are not routinely expected
8to effect arrests, or elected officials.
9    (l) "Person" includes one or more individuals, labor
10organizations, public employees, associations, corporations,
11legal representatives, trustees, trustees in bankruptcy,
12receivers, or the State of Illinois or any political
13subdivision of the State or governing body, but does not
14include the General Assembly of the State of Illinois or any
15individual employed by the General Assembly of the State of
16Illinois.
17    (m) "Professional employee" means any employee engaged in
18work predominantly intellectual and varied in character rather
19than routine mental, manual, mechanical or physical work;
20involving the consistent exercise of discretion and adjustment
21in its performance; of such a character that the output
22produced or the result accomplished cannot be standardized in
23relation to a given period of time; and requiring advanced
24knowledge in a field of science or learning customarily
25acquired by a prolonged course of specialized intellectual
26instruction and study in an institution of higher learning or a

 

 

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1hospital, as distinguished from a general academic education or
2from apprenticeship or from training in the performance of
3routine mental, manual, or physical processes; or any employee
4who has completed the courses of specialized intellectual
5instruction and study prescribed in this subsection (m) and is
6performing related work under the supervision of a professional
7person to qualify to become a professional employee as defined
8in this subsection (m).
9    (n) "Public employee" or "employee", for the purposes of
10this Act, means any individual employed by a public employer,
11including (i) interns and residents at public hospitals, (ii)
12as of the effective date of this amendatory Act of the 93rd
13General Assembly, but not before, personal assistants working
14under the Home Services Program under Section 3 of the
15Rehabilitation of Persons with Disabilities Act, subject to the
16limitations set forth in this Act and in the Rehabilitation of
17Persons with Disabilities Act, (iii) as of the effective date
18of this amendatory Act of the 94th General Assembly, but not
19before, child and day care home providers participating in the
20child care assistance program under Section 9A-11 of the
21Illinois Public Aid Code, subject to the limitations set forth
22in this Act and in Section 9A-11 of the Illinois Public Aid
23Code, (iv) as of January 29, 2013 (the effective date of Public
24Act 97-1158), but not before except as otherwise provided in
25this subsection (n), home care and home health workers who
26function as personal assistants and individual maintenance

 

 

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1home health workers and who also work under the Home Services
2Program under Section 3 of the Rehabilitation of Persons with
3Disabilities Act, no matter whether the State provides those
4services through direct fee-for-service arrangements, with the
5assistance of a managed care organization or other
6intermediary, or otherwise, (v) beginning on the effective date
7of this amendatory Act of the 98th General Assembly and
8notwithstanding any other provision of this Act, any person
9employed by a public employer and who is classified as or who
10holds the employment title of Chief Stationary Engineer,
11Assistant Chief Stationary Engineer, Sewage Plant Operator,
12Water Plant Operator, Stationary Engineer, Plant Operating
13Engineer, and any other employee who holds the position of:
14Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
15Technical Manager I, Technical Manager II, Technical Manager
16III, Technical Manager IV, Technical Manager V, Technical
17Manager VI, Realty Specialist III, Realty Specialist IV, Realty
18Specialist V, Technical Advisor I, Technical Advisor II,
19Technical Advisor III, Technical Advisor IV, or Technical
20Advisor V employed by the Department of Transportation who is
21in a position which is certified in a bargaining unit on or
22before the effective date of this amendatory Act of the 98th
23General Assembly, and (vi) beginning on the effective date of
24this amendatory Act of the 98th General Assembly and
25notwithstanding any other provision of this Act, any mental
26health administrator in the Department of Corrections who is

 

 

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1classified as or who holds the position of Public Service
2Administrator (Option 8K), any employee of the Office of the
3Inspector General in the Department of Human Services who is
4classified as or who holds the position of Public Service
5Administrator (Option 7), any Deputy of Intelligence in the
6Department of Corrections who is classified as or who holds the
7position of Public Service Administrator (Option 7), and any
8employee of the Department of State Police who handles issues
9concerning the Illinois State Police Sex Offender Registry and
10who is classified as or holds the position of Public Service
11Administrator (Option 7), but excluding all of the following:
12employees of the General Assembly of the State of Illinois;
13elected officials; executive heads of a department; members of
14boards or commissions; the Executive Inspectors General; any
15special Executive Inspectors General; employees of each Office
16of an Executive Inspector General; commissioners and employees
17of the Executive Ethics Commission; the Auditor General's
18Inspector General; employees of the Office of the Auditor
19General's Inspector General; the Legislative Inspector
20General; any special Legislative Inspectors General; employees
21of the Office of the Legislative Inspector General;
22commissioners and employees of the Legislative Ethics
23Commission; employees of any agency, board or commission
24created by this Act; employees appointed to State positions of
25a temporary or emergency nature; all employees of school
26districts and higher education institutions except

 

 

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1firefighters and peace officers employed by a state university
2and except peace officers employed by a school district in its
3own police department in existence on the effective date of
4this amendatory Act of the 96th General Assembly; managerial
5employees; short-term employees; legislative liaisons; a
6person who is a State employee under the jurisdiction of the
7Office of the Attorney General who is licensed to practice law
8or whose position authorizes, either directly or indirectly,
9meaningful input into government decision-making on issues
10where there is room for principled disagreement on goals or
11their implementation; a person who is a State employee under
12the jurisdiction of the Office of the Comptroller who holds the
13position of Public Service Administrator or whose position is
14otherwise exempt under the Comptroller Merit Employment Code; a
15person who is a State employee under the jurisdiction of the
16Secretary of State who holds the position classification of
17Executive I or higher, whose position authorizes, either
18directly or indirectly, meaningful input into government
19decision-making on issues where there is room for principled
20disagreement on goals or their implementation, or who is
21otherwise exempt under the Secretary of State Merit Employment
22Code; employees in the Office of the Secretary of State who are
23completely exempt from jurisdiction B of the Secretary of State
24Merit Employment Code and who are in Rutan-exempt positions on
25or after April 5, 2013 (the effective date of Public Act
2697-1172); a person who is a State employee under the

 

 

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1jurisdiction of the Treasurer who holds a position that is
2exempt from the State Treasurer Employment Code; any employee
3of a State agency who (i) holds the title or position of, or
4exercises substantially similar duties as a legislative
5liaison, Agency General Counsel, Agency Chief of Staff, Agency
6Executive Director, Agency Deputy Director, Agency Chief
7Fiscal Officer, Agency Human Resources Director, Public
8Information Officer, or Chief Information Officer and (ii) was
9neither included in a bargaining unit nor subject to an active
10petition for certification in a bargaining unit; any employee
11of a State agency who (i) is in a position that is
12Rutan-exempt, as designated by the employer, and completely
13exempt from jurisdiction B of the Personnel Code and (ii) was
14neither included in a bargaining unit nor subject to an active
15petition for certification in a bargaining unit; any term
16appointed employee of a State agency pursuant to Section 8b.18
17or 8b.19 of the Personnel Code who was neither included in a
18bargaining unit nor subject to an active petition for
19certification in a bargaining unit; any employment position
20properly designated pursuant to Section 6.1 of this Act;
21confidential employees; independent contractors; and
22supervisors except as provided in this Act.
23    Home care and home health workers who function as personal
24assistants and individual maintenance home health workers and
25who also work under the Home Services Program under Section 3
26of the Rehabilitation of Persons with Disabilities Act shall

 

 

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1not be considered public employees for any purposes not
2specifically provided for in Public Act 93-204 or Public Act
397-1158, including but not limited to, purposes of vicarious
4liability in tort and purposes of statutory retirement or
5health insurance benefits. Home care and home health workers
6who function as personal assistants and individual maintenance
7home health workers and who also work under the Home Services
8Program under Section 3 of the Rehabilitation of Persons with
9Disabilities Act shall not be covered by the State Employees
10Group Insurance Act of 1971 (5 ILCS 375/).
11    Child and day care home providers shall not be considered
12public employees for any purposes not specifically provided for
13in this amendatory Act of the 94th General Assembly, including
14but not limited to, purposes of vicarious liability in tort and
15purposes of statutory retirement or health insurance benefits.
16Child and day care home providers shall not be covered by the
17State Employees Group Insurance Act of 1971.
18    Notwithstanding Section 9, subsection (c), or any other
19provisions of this Act, all peace officers above the rank of
20captain in municipalities with more than 1,000,000 inhabitants
21shall be excluded from this Act.
22    (o) Except as otherwise in subsection (o-5), "public
23employer" or "employer" means the State of Illinois; any
24political subdivision of the State, unit of local government or
25school district; authorities including departments, divisions,
26bureaus, boards, commissions, or other agencies of the

 

 

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1foregoing entities; and any person acting within the scope of
2his or her authority, express or implied, on behalf of those
3entities in dealing with its employees. As of the effective
4date of the amendatory Act of the 93rd General Assembly, but
5not before, the State of Illinois shall be considered the
6employer of the personal assistants working under the Home
7Services Program under Section 3 of the Rehabilitation of
8Persons with Disabilities Act, subject to the limitations set
9forth in this Act and in the Rehabilitation of Persons with
10Disabilities Act. As of January 29, 2013 (the effective date of
11Public Act 97-1158), but not before except as otherwise
12provided in this subsection (o), the State shall be considered
13the employer of home care and home health workers who function
14as personal assistants and individual maintenance home health
15workers and who also work under the Home Services Program under
16Section 3 of the Rehabilitation of Persons with Disabilities
17Act, no matter whether the State provides those services
18through direct fee-for-service arrangements, with the
19assistance of a managed care organization or other
20intermediary, or otherwise, but subject to the limitations set
21forth in this Act and the Rehabilitation of Persons with
22Disabilities Act. The State shall not be considered to be the
23employer of home care and home health workers who function as
24personal assistants and individual maintenance home health
25workers and who also work under the Home Services Program under
26Section 3 of the Rehabilitation of Persons with Disabilities

 

 

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1Act, for any purposes not specifically provided for in Public
2Act 93-204 or Public Act 97-1158, including but not limited to,
3purposes of vicarious liability in tort and purposes of
4statutory retirement or health insurance benefits. Home care
5and home health workers who function as personal assistants and
6individual maintenance home health workers and who also work
7under the Home Services Program under Section 3 of the
8Rehabilitation of Persons with Disabilities Act shall not be
9covered by the State Employees Group Insurance Act of 1971 (5
10ILCS 375/). As of the effective date of this amendatory Act of
11the 94th General Assembly but not before, the State of Illinois
12shall be considered the employer of the day and child care home
13providers participating in the child care assistance program
14under Section 9A-11 of the Illinois Public Aid Code, subject to
15the limitations set forth in this Act and in Section 9A-11 of
16the Illinois Public Aid Code. The State shall not be considered
17to be the employer of child and day care home providers for any
18purposes not specifically provided for in this amendatory Act
19of the 94th General Assembly, including but not limited to,
20purposes of vicarious liability in tort and purposes of
21statutory retirement or health insurance benefits. Child and
22day care home providers shall not be covered by the State
23Employees Group Insurance Act of 1971.
24    "Public employer" or "employer" as used in this Act,
25however, does not mean and shall not include the General
26Assembly of the State of Illinois, the Executive Ethics

 

 

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1Commission, the Offices of the Executive Inspectors General,
2the Legislative Ethics Commission, the Office of the
3Legislative Inspector General, the Office of the Auditor
4General's Inspector General, the Office of the Governor, the
5Governor's Office of Management and Budget, the Illinois
6Finance Authority, the Office of the Lieutenant Governor, the
7State Board of Elections, and educational employers or
8employers as defined in the Illinois Educational Labor
9Relations Act, except with respect to a state university in its
10employment of firefighters and peace officers and except with
11respect to a school district in the employment of peace
12officers in its own police department in existence on the
13effective date of this amendatory Act of the 96th General
14Assembly. County boards and county sheriffs shall be designated
15as joint or co-employers of county peace officers appointed
16under the authority of a county sheriff. Nothing in this
17subsection (o) shall be construed to prevent the State Panel or
18the Local Panel from determining that employers are joint or
19co-employers.
20    (o-5) With respect to wages, fringe benefits, hours,
21holidays, vacations, proficiency examinations, sick leave, and
22other conditions of employment, the public employer of public
23employees who are court reporters, as defined in the Court
24Reporters Act, shall be determined as follows:
25        (1) For court reporters employed by the Cook County
26    Judicial Circuit, the chief judge of the Cook County

 

 

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1    Circuit Court is the public employer and employer
2    representative.
3        (2) For court reporters employed by the 12th, 18th,
4    19th, and, on and after December 4, 2006, the 22nd judicial
5    circuits, a group consisting of the chief judges of those
6    circuits, acting jointly by majority vote, is the public
7    employer and employer representative.
8        (3) For court reporters employed by all other judicial
9    circuits, a group consisting of the chief judges of those
10    circuits, acting jointly by majority vote, is the public
11    employer and employer representative.
12    (p) "Security employee" means an employee who is
13responsible for the supervision and control of inmates at
14correctional facilities. The term also includes other
15non-security employees in bargaining units having the majority
16of employees being responsible for the supervision and control
17of inmates at correctional facilities.
18    (q) "Short-term employee" means an employee who is employed
19for less than 2 consecutive calendar quarters during a calendar
20year and who does not have a reasonable assurance that he or
21she will be rehired by the same employer for the same service
22in a subsequent calendar year.
23    (q-5) "State agency" means an agency directly responsible
24to the Governor, as defined in Section 3.1 of the Executive
25Reorganization Implementation Act, and the Illinois Commerce
26Commission, the Illinois Workers' Compensation Commission, the

 

 

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1Civil Service Commission, the Pollution Control Board, the
2Illinois Racing Board, and the Department of State Police Merit
3Board.
4    (r) "Supervisor" is:
5        (1) An employee whose principal work is substantially
6    different from that of his or her subordinates and who has
7    authority, in the interest of the employer, to hire,
8    transfer, suspend, lay off, recall, promote, discharge,
9    direct, reward, or discipline employees, to adjust their
10    grievances, or to effectively recommend any of those
11    actions, if the exercise of that authority is not of a
12    merely routine or clerical nature, but requires the
13    consistent use of independent judgment. Except with
14    respect to police employment, the term "supervisor"
15    includes only those individuals who devote a preponderance
16    of their employment time to exercising that authority,
17    State supervisors notwithstanding. Nothing in this
18    definition prohibits an individual from also meeting the
19    definition of "managerial employee" under subsection (j)
20    of this Section. In addition, in determining supervisory
21    status in police employment, rank shall not be
22    determinative. The Board shall consider, as evidence of
23    bargaining unit inclusion or exclusion, the common law
24    enforcement policies and relationships between police
25    officer ranks and certification under applicable civil
26    service law, ordinances, personnel codes, or Division 2.1

 

 

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1    of Article 10 of the Illinois Municipal Code, but these
2    factors shall not be the sole or predominant factors
3    considered by the Board in determining police supervisory
4    status.
5        Notwithstanding the provisions of the preceding
6    paragraph, in determining supervisory status in fire
7    fighter employment, no fire fighter shall be excluded as a
8    supervisor who has established representation rights under
9    Section 9 of this Act. Further, in new fire fighter units,
10    employees shall consist of fire fighters of the rank of
11    company officer and below. If a company officer otherwise
12    qualifies as a supervisor under the preceding paragraph,
13    however, he or she shall not be included in the fire
14    fighter unit. If there is no rank between that of chief and
15    the highest company officer, the employer may designate a
16    position on each shift as a Shift Commander, and the
17    persons occupying those positions shall be supervisors.
18    All other ranks above that of company officer shall be
19    supervisors.
20        (2) With respect only to State employees in positions
21    under the jurisdiction of the Attorney General, Secretary
22    of State, Comptroller, or Treasurer (i) that were certified
23    in a bargaining unit on or after December 2, 2008, (ii) for
24    which a petition is filed with the Illinois Public Labor
25    Relations Board on or after April 5, 2013 (the effective
26    date of Public Act 97-1172), or (iii) for which a petition

 

 

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1    is pending before the Illinois Public Labor Relations Board
2    on that date, an employee who qualifies as a supervisor
3    under (A) Section 152 of the National Labor Relations Act
4    and (B) orders of the National Labor Relations Board
5    interpreting that provision or decisions of courts
6    reviewing decisions of the National Labor Relations Board.
7    (s)(1) "Unit" means a class of jobs or positions that are
8held by employees whose collective interests may suitably be
9represented by a labor organization for collective bargaining.
10Except with respect to non-State fire fighters and paramedics
11employed by fire departments and fire protection districts,
12non-State peace officers, and peace officers in the Department
13of State Police, a bargaining unit determined by the Board
14shall not include both employees and supervisors, or
15supervisors only, except as provided in paragraph (2) of this
16subsection (s) and except for bargaining units in existence on
17July 1, 1984 (the effective date of this Act). With respect to
18non-State fire fighters and paramedics employed by fire
19departments and fire protection districts, non-State peace
20officers, and peace officers in the Department of State Police,
21a bargaining unit determined by the Board shall not include
22both supervisors and nonsupervisors, or supervisors only,
23except as provided in paragraph (2) of this subsection (s) and
24except for bargaining units in existence on January 1, 1986
25(the effective date of this amendatory Act of 1985). A
26bargaining unit determined by the Board to contain peace

 

 

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1officers shall contain no employees other than peace officers
2unless otherwise agreed to by the employer and the labor
3organization or labor organizations involved. Notwithstanding
4any other provision of this Act, a bargaining unit, including a
5historical bargaining unit, containing sworn peace officers of
6the Department of Natural Resources (formerly designated the
7Department of Conservation) shall contain no employees other
8than such sworn peace officers upon the effective date of this
9amendatory Act of 1990 or upon the expiration date of any
10collective bargaining agreement in effect upon the effective
11date of this amendatory Act of 1990 covering both such sworn
12peace officers and other employees.
13    (2) Notwithstanding the exclusion of supervisors from
14bargaining units as provided in paragraph (1) of this
15subsection (s), a public employer may agree to permit its
16supervisory employees to form bargaining units and may bargain
17with those units. This Act shall apply if the public employer
18chooses to bargain under this subsection.
19    (3) Public employees who are court reporters, as defined in
20the Court Reporters Act, shall be divided into 3 units for
21collective bargaining purposes. One unit shall be court
22reporters employed by the Cook County Judicial Circuit; one
23unit shall be court reporters employed by the 12th, 18th, 19th,
24and, on and after December 4, 2006, the 22nd judicial circuits;
25and one unit shall be court reporters employed by all other
26judicial circuits.

 

 

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1    (s-5) "Wages" means only total base wages and excludes any
2other compensation, which includes, but is not limited to,
3overtime, premium pay, merit pay, performance pay,
4supplemental compensation, pay schedules, and automatic pay
5progressions.
6    (t) "Active petition for certification in a bargaining
7unit" means a petition for certification filed with the Board
8under one of the following case numbers: S-RC-11-110;
9S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
10S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
11S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
12S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
13S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
14S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
15S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
16S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
17S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
18S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
19S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
20S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
21S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
22S-RC-07-100.
23(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
2499-143, eff. 7-27-15.)
 
25    (5 ILCS 315/4)  (from Ch. 48, par. 1604)

 

 

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1    (Text of Section WITH the changes made by P.A. 98-599,
2which has been held unconstitutional)
3    Sec. 4. Management Rights. Employers shall not be required
4to bargain over matters of inherent managerial policy, which
5shall include such areas of discretion or policy as the
6functions of the employer, standards of services, its overall
7budget, the organizational structure and selection of new
8employees, examination techniques and direction of employees.
9Employers, however, shall be required to bargain collectively
10with regard to policy matters directly affecting wages, hours
11and terms and conditions of employment as well as the impact
12thereon upon request by employee representatives, except as
13provided in Section 7.5.
14    To preserve the rights of employers and exclusive
15representatives which have established collective bargaining
16relationships or negotiated collective bargaining agreements
17prior to the effective date of this Act, employers shall be
18required to bargain collectively with regard to any matter
19concerning wages, hours or conditions of employment about which
20they have bargained for and agreed to in a collective
21bargaining agreement prior to the effective date of this Act,
22except as provided in Section 7.5.
23    The chief judge of the judicial circuit that employs a
24public employee who is a court reporter, as defined in the
25Court Reporters Act, has the authority to hire, appoint,
26promote, evaluate, discipline, and discharge court reporters

 

 

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1within that judicial circuit.
2    Nothing in this amendatory Act of the 94th General Assembly
3shall be construed to intrude upon the judicial functions of
4any court. This amendatory Act of the 94th General Assembly
5applies only to nonjudicial administrative matters relating to
6the collective bargaining rights of court reporters.
7(Source: P.A. 98-599, eff. 6-1-14.)
 
8    (Text of Section WITHOUT the changes made by P.A. 98-599,
9which has been held unconstitutional)
10    Sec. 4. Management Rights. Employers shall not be required
11to bargain over matters of inherent managerial policy, which
12shall include such areas of discretion or policy as the
13functions of the employer, standards of services, its overall
14budget, the organizational structure and selection of new
15employees, examination techniques and direction of employees.
16Employers, however, shall be required to bargain collectively
17with regard to policy matters directly affecting wages, hours
18and terms and conditions of employment as well as the impact
19thereon upon request by employee representatives. With respect
20to bargaining units with at least 30% of members who are
21security employees of a public employer, peace officer units,
22or units of fire fighters or paramedics, employers shall be
23required to bargain collectively with regard to policy matters
24directly affecting wages, hours, and terms of conditions of
25employment, as well as the impact thereon.

 

 

HB4468- 27 -LRB100 16692 RJF 31830 b

1    To preserve the rights of employers and exclusive
2representatives which have established collective bargaining
3relationships or negotiated collective bargaining agreements
4prior to the effective date of this Act, employers shall be
5required to bargain collectively with regard to any matter
6concerning wages, hours or conditions of employment about which
7they have bargained for and agreed to in a collective
8bargaining agreement prior to the effective date of this Act.
9    The chief judge of the judicial circuit that employs a
10public employee who is a court reporter, as defined in the
11Court Reporters Act, has the authority to hire, appoint,
12promote, evaluate, discipline, and discharge court reporters
13within that judicial circuit.
14    Nothing in this amendatory Act of the 94th General Assembly
15shall be construed to intrude upon the judicial functions of
16any court. This amendatory Act of the 94th General Assembly
17applies only to nonjudicial administrative matters relating to
18the collective bargaining rights of court reporters.
19(Source: P.A. 94-98, eff. 7-1-05.)
 
20    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
21    Sec. 6. Right to organize and bargain collectively;
22exclusive representation; and fair share arrangements.
23    (a) Employees of the State and any political subdivision of
24the State, excluding employees of the General Assembly of the
25State of Illinois and employees excluded from the definition of

 

 

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1"public employee" under subsection (n) of Section 3 of this
2Act, have, and are protected in the exercise of, the right of
3self-organization, and may form, join or assist any labor
4organization, to bargain collectively through representatives
5of their own choosing on questions of wages, hours and other
6conditions of employment, not excluded by Section 4 of this
7Act, and to engage in other concerted activities not otherwise
8prohibited by law for the purposes of collective bargaining or
9other mutual aid or protection, free from interference,
10restraint or coercion. Employees also have, and are protected
11in the exercise of, the right to refrain from participating in
12any such concerted activities. Employees may be required,
13pursuant to the terms of a lawful fair share agreement, to pay
14a fee which shall be their proportionate share of the costs of
15the collective bargaining process, contract administration and
16pursuing matters affecting wages, hours and other conditions of
17employment as defined in Section 3(g). Nothing in this
18subsection (a) shall prevent a bargaining unit with at least
1930% of members who are security employees of a public employer,
20peace officer units, or units of fire fighters or paramedics
21from collectively bargaining on questions of wages, hours, and
22other conditions of employment not excluded by Section 4 of
23this Act.
24    (b) Nothing in this Act prevents an employee from
25presenting a grievance to the employer and having the grievance
26heard and settled without the intervention of an employee

 

 

HB4468- 29 -LRB100 16692 RJF 31830 b

1organization; provided that the exclusive bargaining
2representative is afforded the opportunity to be present at
3such conference and that any settlement made shall not be
4inconsistent with the terms of any agreement in effect between
5the employer and the exclusive bargaining representative.
6    (c) A labor organization designated by the Board as the
7representative of the majority of public employees in an
8appropriate unit in accordance with the procedures herein or
9recognized by a public employer as the representative of the
10majority of public employees in an appropriate unit is the
11exclusive representative for the employees of such unit for the
12purpose of collective bargaining with respect to rates of pay,
13wages, hours and other conditions of employment not excluded by
14Section 4 of this Act. A public employer is required upon
15request to furnish the exclusive bargaining representative
16with a complete list of the names and addresses of the public
17employees in the bargaining unit, provided that a public
18employer shall not be required to furnish such a list more than
19once per payroll period. The exclusive bargaining
20representative shall use the list exclusively for bargaining
21representation purposes and shall not disclose any information
22contained in the list for any other purpose. Nothing in this
23Section, however, shall prohibit a bargaining representative
24from disseminating a list of its union members.
25    (d) Labor organizations recognized by a public employer as
26the exclusive representative or so designated in accordance

 

 

HB4468- 30 -LRB100 16692 RJF 31830 b

1with the provisions of this Act are responsible for
2representing the interests of all public employees in the unit.
3Nothing herein shall be construed to limit an exclusive
4representative's right to exercise its discretion to refuse to
5process grievances of employees that are unmeritorious.
6    (e) When a collective bargaining agreement is entered into
7with an exclusive representative, it may include in the
8agreement a provision requiring employees covered by the
9agreement who are not members of the organization to pay their
10proportionate share of the costs of the collective bargaining
11process, contract administration and pursuing matters
12affecting wages, hours and conditions of employment, as defined
13in Section 3 (g), but not to exceed the amount of dues
14uniformly required of members. The organization shall certify
15to the employer the amount constituting each nonmember
16employee's proportionate share which shall not exceed dues
17uniformly required of members. In such case, the proportionate
18share payment in this Section shall be deducted by the employer
19from the earnings of the nonmember employees and paid to the
20employee organization.
21    (f) Only the exclusive representative may negotiate
22provisions in a collective bargaining agreement providing for
23the payroll deduction of labor organization dues, fair share
24payment, initiation fees and assessments. Except as provided in
25subsection (e) of this Section, any such deductions shall only
26be made upon an employee's written authorization, and continued

 

 

HB4468- 31 -LRB100 16692 RJF 31830 b

1until revoked in writing in the same manner or until the
2termination date of an applicable collective bargaining
3agreement. Such payments shall be paid to the exclusive
4representative.
5    Where a collective bargaining agreement is terminated, or
6continues in effect beyond its scheduled expiration date
7pending the negotiation of a successor agreement or the
8resolution of an impasse under Section 14, the employer shall
9continue to honor and abide by any dues deduction or fair share
10clause contained therein until a new agreement is reached
11including dues deduction or a fair share clause. For the
12benefit of any successor exclusive representative certified
13under this Act, this provision shall be applicable, provided
14the successor exclusive representative:
15        (i) certifies to the employer the amount constituting
16    each non-member's proportionate share under subsection
17    (e); or
18        (ii) presents the employer with employee written
19    authorizations for the deduction of dues, assessments, and
20    fees under this subsection.
21    Failure to so honor and abide by dues deduction or fair
22share clauses for the benefit of any exclusive representative,
23including a successor, shall be a violation of the duty to
24bargain and an unfair labor practice.
25    (g) Agreements containing a fair share agreement must
26safeguard the right of nonassociation of employees based upon

 

 

HB4468- 32 -LRB100 16692 RJF 31830 b

1bona fide religious tenets or teachings of a church or
2religious body of which such employees are members. Such
3employees may be required to pay an amount equal to their fair
4share, determined under a lawful fair share agreement, to a
5nonreligious charitable organization mutually agreed upon by
6the employees affected and the exclusive bargaining
7representative to which such employees would otherwise pay such
8service fee. If the affected employees and the bargaining
9representative are unable to reach an agreement on the matter,
10the Board may establish an approved list of charitable
11organizations to which such payments may be made.
12(Source: P.A. 97-1172, eff. 4-5-13.)
 
13    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
14    Sec. 7. Duty to bargain. A public employer and the
15exclusive representative have the authority and the duty to
16bargain collectively set forth in this Section.
17    For the purposes of this Act, "to bargain collectively"
18means the performance of the mutual obligation of the public
19employer or his designated representative and the
20representative of the public employees to meet at reasonable
21times, including meetings in advance of the budget-making
22process, and to negotiate in good faith with respect to wages,
23hours, and other conditions of employment, not excluded by
24Section 4 of this Act, or the negotiation of an agreement, or
25any question arising thereunder and the execution of a written

 

 

HB4468- 33 -LRB100 16692 RJF 31830 b

1contract incorporating any agreement reached if requested by
2either party, but such obligation does not compel either party
3to agree to a proposal or require the making of a concession.
4    The duty "to bargain collectively" shall also include an
5obligation to negotiate over any matter with respect to wages,
6hours and other conditions of employment, not specifically
7provided for in any other law or not specifically in violation
8of the provisions of any law. If any other law pertains, in
9part, to a matter affecting the wages, hours and other
10conditions of employment, such other law shall not be construed
11as limiting the duty "to bargain collectively" and to enter
12into collective bargaining agreements containing clauses which
13either supplement, implement, or relate to the effect of such
14provisions in other laws.
15    The duty "to bargain collectively" shall also include
16negotiations as to the terms of a collective bargaining
17agreement. The parties may, by mutual agreement, provide for
18arbitration of impasses resulting from their inability to agree
19upon wages, hours and terms and conditions of employment to be
20included in a collective bargaining agreement. Such
21arbitration provisions shall be subject to the Illinois
22"Uniform Arbitration Act" unless agreed by the parties.
23    The duty "to bargain collectively" shall also mean that no
24party to a collective bargaining contract shall terminate or
25modify such contract, unless the party desiring such
26termination or modification:

 

 

HB4468- 34 -LRB100 16692 RJF 31830 b

1        (1) serves a written notice upon the other party to the
2    contract of the proposed termination or modification 60
3    days prior to the expiration date thereof, or in the event
4    such contract contains no expiration date, 60 days prior to
5    the time it is proposed to make such termination or
6    modification;
7        (2) offers to meet and confer with the other party for
8    the purpose of negotiating a new contract or a contract
9    containing the proposed modifications;
10        (3) notifies the Board within 30 days after such notice
11    of the existence of a dispute, provided no agreement has
12    been reached by that time; and
13        (4) continues in full force and effect, without
14    resorting to strike or lockout, all the terms and
15    conditions of the existing contract for a period of 60 days
16    after such notice is given to the other party or until the
17    expiration date of such contract, whichever occurs later.
18    The duties imposed upon employers, employees and labor
19organizations by paragraphs (2), (3) and (4) shall become
20inapplicable upon an intervening certification of the Board,
21under which the labor organization, which is a party to the
22contract, has been superseded as or ceased to be the exclusive
23representative of the employees pursuant to the provisions of
24subsection (a) of Section 9, and the duties so imposed shall
25not be construed as requiring either party to discuss or agree
26to any modification of the terms and conditions contained in a

 

 

HB4468- 35 -LRB100 16692 RJF 31830 b

1contract for a fixed period, if such modification is to become
2effective before such terms and conditions can be reopened
3under the provisions of the contract.
4    Collective bargaining for home care and home health workers
5who function as personal assistants and individual maintenance
6home health workers under the Home Services Program shall be
7limited to the terms and conditions of employment under the
8State's control, as defined in Public Act 93-204 or this
9amendatory Act of the 97th General Assembly, as applicable.
10    Collective bargaining for child and day care home providers
11under the child care assistance program shall be limited to the
12terms and conditions of employment under the State's control,
13as defined in this amendatory Act of the 94th General Assembly.
14    Notwithstanding any other provision of this Section,
15whenever collective bargaining is for the purpose of
16establishing an initial agreement following original
17certification of units with fewer than 35 employees, with
18respect to public employees other than peace officers, fire
19fighters, and security employees, the following apply:
20        (1) Not later than 10 days after receiving a written
21    request for collective bargaining from a labor
22    organization that has been newly certified as a
23    representative as defined in Section 6(c), or within such
24    further period as the parties agree upon, the parties shall
25    meet and commence to bargain collectively and shall make
26    every reasonable effort to conclude and sign a collective

 

 

HB4468- 36 -LRB100 16692 RJF 31830 b

1    bargaining agreement.
2        (2) If anytime after the expiration of the 90-day
3    period beginning on the date on which bargaining is
4    commenced the parties have failed to reach an agreement,
5    either party may notify the Illinois Public Labor Relations
6    Board of the existence of a dispute and request mediation
7    in accordance with the provisions of Section 14 of this
8    Act.
9        (3) If after the expiration of the 30-day period
10    beginning on the date on which mediation commenced, or such
11    additional period as the parties may agree upon, the
12    mediator is not able to bring the parties to agreement by
13    conciliation, either the exclusive representative of the
14    employees or the employer may request of the other, in
15    writing, arbitration and shall submit a copy of the request
16    to the board. Upon submission of the request for
17    arbitration, the parties shall be required to participate
18    in the impasse arbitration procedures set forth in Section
19    14 of this Act, except the right to strike shall not be
20    considered waived pursuant to Section 17 of this Act, until
21    the actual convening of the arbitration hearing.
22    Notwithstanding any provision of this Act to the contrary,
23for negotiations regarding a bargaining unit with at least 30%
24of members who are security employees of a public employer,
25peace officer units, or units of fire fighters or paramedics,
26the duty "to bargain collectively" shall include an obligation

 

 

HB4468- 37 -LRB100 16692 RJF 31830 b

1to negotiate in good faith over any matter with respect to
2wages, hours, and other conditions of employment, not excluded
3by Section 4 of this Act, including, but not limited to, policy
4matters and terms of agreement directly affecting wages, hours,
5and terms and conditions of employment as well as the impact
6thereon.
7(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
 
8    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
9    Sec. 9. Elections; recognition.
10    (a) Whenever in accordance with such regulations as may be
11prescribed by the Board a petition has been filed:
12        (1) by a public employee or group of public employees
13    or any labor organization acting in their behalf
14    demonstrating that 30% of the public employees in an
15    appropriate unit (A) wish to be represented for the
16    purposes of collective bargaining by a labor organization
17    as exclusive representative, or (B) asserting that the
18    labor organization which has been certified or is currently
19    recognized by the public employer as bargaining
20    representative is no longer the representative of the
21    majority of public employees in the unit; or
22        (2) by a public employer alleging that one or more
23    labor organizations have presented to it a claim that they
24    be recognized as the representative of a majority of the
25    public employees in an appropriate unit,

 

 

HB4468- 38 -LRB100 16692 RJF 31830 b

1the Board shall investigate such petition, and if it has
2reasonable cause to believe that a question of representation
3exists, shall provide for an appropriate hearing upon due
4notice. Such hearing shall be held at the offices of the Board
5or such other location as the Board deems appropriate. If it
6finds upon the record of the hearing that a question of
7representation exists, it shall direct an election in
8accordance with subsection (d) of this Section, which election
9shall be held not later than 120 days after the date the
10petition was filed regardless of whether that petition was
11filed before or after the effective date of this amendatory Act
12of 1987; provided, however, the Board may extend the time for
13holding an election by an additional 60 days if, upon motion by
14a person who has filed a petition under this Section or is the
15subject of a petition filed under this Section and is a party
16to such hearing, or upon the Board's own motion, the Board
17finds that good cause has been shown for extending the election
18date; provided further, that nothing in this Section shall
19prohibit the Board, in its discretion, from extending the time
20for holding an election for so long as may be necessary under
21the circumstances, where the purpose for such extension is to
22permit resolution by the Board of an unfair labor practice
23charge filed by one of the parties to a representational
24proceeding against the other based upon conduct which may
25either affect the existence of a question concerning
26representation or have a tendency to interfere with a fair and

 

 

HB4468- 39 -LRB100 16692 RJF 31830 b

1free election, where the party filing the charge has not filed
2a request to proceed with the election; and provided further
3that prior to the expiration of the total time allotted for
4holding an election, a person who has filed a petition under
5this Section or is the subject of a petition filed under this
6Section and is a party to such hearing or the Board, may move
7for and obtain the entry of an order in the circuit court of
8the county in which the majority of the public employees sought
9to be represented by such person reside, such order extending
10the date upon which the election shall be held. Such order
11shall be issued by the circuit court only upon a judicial
12finding that there has been a sufficient showing that there is
13good cause to extend the election date beyond such period and
14shall require the Board to hold the election as soon as is
15feasible given the totality of the circumstances. Such 120 day
16period may be extended one or more times by the agreement of
17all parties to the hearing to a date certain without the
18necessity of obtaining a court order. Nothing in this Section
19prohibits the waiving of hearings by stipulation for the
20purpose of a consent election in conformity with the rules and
21regulations of the Board or an election in a unit agreed upon
22by the parties. Other interested employee organizations may
23intervene in the proceedings in the manner and within the time
24period specified by rules and regulations of the Board.
25Interested parties who are necessary to the proceedings may
26also intervene in the proceedings in the manner and within the

 

 

HB4468- 40 -LRB100 16692 RJF 31830 b

1time period specified by the rules and regulations of the
2Board.
3    (a-5) The Board shall designate an exclusive
4representative for purposes of collective bargaining when the
5representative demonstrates a showing of majority interest by
6employees in the unit. If the parties to a dispute are without
7agreement on the means to ascertain the choice, if any, of
8employee organization as their representative, the Board shall
9ascertain the employees' choice of employee organization, on
10the basis of dues deduction authorization or other evidence,
11or, if necessary, by conducting an election. All evidence
12submitted by an employee organization to the Board to ascertain
13an employee's choice of an employee organization is
14confidential and shall not be submitted to the employer for
15review. The Board shall ascertain the employee's choice of
16employee organization within 120 days after the filing of the
17majority interest petition; however, the Board may extend time
18by an additional 60 days, upon its own motion or upon the
19motion of a party to the proceeding. If either party provides
20to the Board, before the designation of a representative, clear
21and convincing evidence that the dues deduction
22authorizations, and other evidence upon which the Board would
23otherwise rely to ascertain the employees' choice of
24representative, are fraudulent or were obtained through
25coercion, the Board shall promptly thereafter conduct an
26election. The Board shall also investigate and consider a

 

 

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1party's allegations that the dues deduction authorizations and
2other evidence submitted in support of a designation of
3representative without an election were subsequently changed,
4altered, withdrawn, or withheld as a result of employer fraud,
5coercion, or any other unfair labor practice by the employer.
6If the Board determines that a labor organization would have
7had a majority interest but for an employer's fraud, coercion,
8or unfair labor practice, it shall designate the labor
9organization as an exclusive representative without conducting
10an election. If a hearing is necessary to resolve any issues of
11representation under this Section, the Board shall conclude its
12hearing process and issue a certification of the entire
13appropriate unit not later than 120 days after the date the
14petition was filed. The 120-day period may be extended one or
15more times by the agreement of all parties to a hearing to a
16date certain.
17    (a-6) A labor organization or an employer may file a unit
18clarification petition seeking to clarify an existing
19bargaining unit. The Board shall conclude its investigation,
20including any hearing process deemed necessary, and issue a
21certification of clarified unit or dismiss the petition not
22later than 120 days after the date the petition was filed. The
23120-day period may be extended one or more times by the
24agreement of all parties to a hearing to a date certain.
25    (b) The Board shall decide in each case, in order to assure
26public employees the fullest freedom in exercising the rights

 

 

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1guaranteed by this Act, a unit appropriate for the purpose of
2collective bargaining, based upon but not limited to such
3factors as: historical pattern of recognition; community of
4interest including employee skills and functions; degree of
5functional integration; interchangeability and contact among
6employees; fragmentation of employee groups; common
7supervision, wages, hours and other working conditions of the
8employees involved; and the desires of the employees. For
9purposes of this subsection, fragmentation shall not be the
10sole or predominant factor used by the Board in determining an
11appropriate bargaining unit. Except with respect to non-State
12fire fighters and paramedics employed by fire departments and
13fire protection districts, non-State peace officers and peace
14officers in the State Department of State Police, a single
15bargaining unit determined by the Board may not include both
16supervisors and nonsupervisors, except for bargaining units in
17existence on the effective date of this Act. With respect to
18non-State fire fighters and paramedics employed by fire
19departments and fire protection districts, non-State peace
20officers and peace officers in the State Department of State
21Police, a single bargaining unit determined by the Board may
22not include both supervisors and nonsupervisors, except for
23bargaining units in existence on the effective date of this
24amendatory Act of 1985.
25    In cases involving an historical pattern of recognition,
26and in cases where the employer has recognized the union as the

 

 

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1sole and exclusive bargaining agent for a specified existing
2unit, the Board shall find the employees in the unit then
3represented by the union pursuant to the recognition to be the
4appropriate unit.
5    Notwithstanding the above factors, where the majority of
6public employees of a craft so decide, the Board shall
7designate such craft as a unit appropriate for the purposes of
8collective bargaining.
9    The Board shall not decide that any unit is appropriate if
10such unit includes both professional and nonprofessional
11employees, unless a majority of each group votes for inclusion
12in such unit.
13    (c) Nothing in this Act shall interfere with or negate the
14current representation rights or patterns and practices of
15labor organizations which have historically represented public
16employees for the purpose of collective bargaining, including
17but not limited to the negotiations of wages, hours and working
18conditions, discussions of employees' grievances, resolution
19of jurisdictional disputes, or the establishment and
20maintenance of prevailing wage rates, unless a majority of
21employees so represented express a contrary desire pursuant to
22the procedures set forth in this Act.
23    (d) In instances where the employer does not voluntarily
24recognize a labor organization as the exclusive bargaining
25representative for a unit of employees, the Board shall
26determine the majority representative of the public employees

 

 

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1in an appropriate collective bargaining unit by conducting a
2secret ballot election, except as otherwise provided in
3subsection (a-5). Within 7 days after the Board issues its
4bargaining unit determination and direction of election or the
5execution of a stipulation for the purpose of a consent
6election, the public employer shall submit to the labor
7organization the complete names and addresses of those
8employees who are determined by the Board to be eligible to
9participate in the election. When the Board has determined that
10a labor organization has been fairly and freely chosen by a
11majority of employees in an appropriate unit, it shall certify
12such organization as the exclusive representative. If the Board
13determines that a majority of employees in an appropriate unit
14has fairly and freely chosen not to be represented by a labor
15organization, it shall so certify. The Board may also revoke
16the certification of the public employee organizations as
17exclusive bargaining representatives which have been found by a
18secret ballot election to be no longer the majority
19representative.
20    (e) The Board shall not conduct an election in any
21bargaining unit or any subdivision thereof within which a valid
22election has been held in the preceding 12-month period. The
23Board shall determine who is eligible to vote in an election
24and shall establish rules governing the conduct of the election
25or conduct affecting the results of the election. The Board
26shall include on a ballot in a representation election a choice

 

 

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1of "no representation". A labor organization currently
2representing the bargaining unit of employees shall be placed
3on the ballot in any representation election. In any election
4where none of the choices on the ballot receives a majority, a
5runoff election shall be conducted between the 2 choices
6receiving the largest number of valid votes cast in the
7election. A labor organization which receives a majority of the
8votes cast in an election shall be certified by the Board as
9exclusive representative of all public employees in the unit.
10    (f) A labor organization shall be designated as the
11exclusive representative by a public employer, provided that
12the labor organization represents a majority of the public
13employees in an appropriate unit. Any employee organization
14which is designated or selected by the majority of public
15employees, in a unit of the public employer having no other
16recognized or certified representative, as their
17representative for purposes of collective bargaining may
18request recognition by the public employer in writing. The
19public employer shall post such request for a period of at
20least 20 days following its receipt thereof on bulletin boards
21or other places used or reserved for employee notices.
22    (g) Within the 20-day period any other interested employee
23organization may petition the Board in the manner specified by
24rules and regulations of the Board, provided that such
25interested employee organization has been designated by at
26least 10% of the employees in an appropriate bargaining unit

 

 

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1which includes all or some of the employees in the unit
2recognized by the employer. In such event, the Board shall
3proceed with the petition in the same manner as provided by
4paragraph (1) of subsection (a) of this Section.
5    (h) No election shall be directed by the Board in any
6bargaining unit where there is in force a valid collective
7bargaining agreement. The Board, however, may process an
8election petition filed between 90 and 60 days prior to the
9expiration of the date of an agreement, and may further refine,
10by rule or decision, the implementation of this provision.
11Where more than 4 years have elapsed since the effective date
12of the agreement, the agreement shall continue to bar an
13election, except that the Board may process an election
14petition filed between 90 and 60 days prior to the end of the
15fifth year of such an agreement, and between 90 and 60 days
16prior to the end of each successive year of such agreement.
17    (i) An order of the Board dismissing a representation
18petition, determining and certifying that a labor organization
19has been fairly and freely chosen by a majority of employees in
20an appropriate bargaining unit, determining and certifying
21that a labor organization has not been fairly and freely chosen
22by a majority of employees in the bargaining unit or certifying
23a labor organization as the exclusive representative of
24employees in an appropriate bargaining unit because of a
25determination by the Board that the labor organization is the
26historical bargaining representative of employees in the

 

 

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1bargaining unit, is a final order. Any person aggrieved by any
2such order issued on or after the effective date of this
3amendatory Act of 1987 may apply for and obtain judicial review
4in accordance with provisions of the Administrative Review Law,
5as now or hereafter amended, except that such review shall be
6afforded directly in the Appellate Court for the district in
7which the aggrieved party resides or transacts business. Any
8direct appeal to the Appellate Court shall be filed within 35
9days from the date that a copy of the decision sought to be
10reviewed was served upon the party affected by the decision.
11(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
12    (5 ILCS 315/15)  (from Ch. 48, par. 1615)
13    (Text of Section WITH the changes made by P.A. 98-599,
14which has been held unconstitutional)
15    Sec. 15. Act Takes Precedence.
16    (a) In case of any conflict between the provisions of this
17Act and any other law (other than Section 5 of the State
18Employees Group Insurance Act of 1971 and other than the
19changes made to the Illinois Pension Code by Public Act 96-889
20and other than as provided in Section 7.5), executive order or
21administrative regulation relating to wages, hours and
22conditions of employment and employment relations, the
23provisions of this Act or any collective bargaining agreement
24negotiated thereunder shall prevail and control. Nothing in
25this Act shall be construed to replace or diminish the rights

 

 

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1of employees established by Sections 28 and 28a of the
2Metropolitan Transit Authority Act, Sections 2.15 through 2.19
3of the Regional Transportation Authority Act. The provisions of
4this Act are subject to Section 7.5 of this Act and Section 5
5of the State Employees Group Insurance Act of 1971. Nothing in
6this Act shall be construed to replace the necessity of
7complaints against a sworn peace officer, as defined in Section
82(a) of the Uniform Peace Officer Disciplinary Act, from having
9a complaint supported by a sworn affidavit.
10    (b) Except as provided in subsection (a) above, any
11collective bargaining contract between a public employer and a
12labor organization executed pursuant to this Act shall
13supersede any contrary statutes, charters, ordinances, rules
14or regulations relating to wages, hours and conditions of
15employment and employment relations adopted by the public
16employer or its agents. Any collective bargaining agreement
17entered into prior to the effective date of this Act shall
18remain in full force during its duration.
19    (c) It is the public policy of this State, pursuant to
20paragraphs (h) and (i) of Section 6 of Article VII of the
21Illinois Constitution, that the provisions of this Act are the
22exclusive exercise by the State of powers and functions which
23might otherwise be exercised by home rule units. Such powers
24and functions may not be exercised concurrently, either
25directly or indirectly, by any unit of local government,
26including any home rule unit, except as otherwise authorized by

 

 

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1this Act.
2(Source: P.A. 98-599, eff. 6-1-14.)
 
3    (Text of Section WITHOUT the changes made by P.A. 98-599,
4which has been held unconstitutional)
5    Sec. 15. Act Takes Precedence.
6    (a) In case of any conflict between the provisions of this
7Act and any other law (other than Section 5 of the State
8Employees Group Insurance Act of 1971 and other than the
9changes made to the Illinois Pension Code by this amendatory
10Act of the 96th General Assembly), executive order or
11administrative regulation relating to wages, hours and
12conditions of employment and employment relations, the
13provisions of this Act or any collective bargaining agreement
14negotiated thereunder shall prevail and control. Nothing in
15this Act shall be construed to replace or diminish the rights
16of employees established by Sections 28 and 28a of the
17Metropolitan Transit Authority Act, Sections 2.15 through 2.19
18of the Regional Transportation Authority Act. The provisions of
19this Act are subject to Section 5 of the State Employees Group
20Insurance Act of 1971. Nothing in this Act shall be construed
21to replace the necessity of complaints against a sworn peace
22officer, as defined in Section 2(a) of the Uniform Peace
23Officer Disciplinary Act, from having a complaint supported by
24a sworn affidavit.
25    (b) Except as provided in subsection (a) above, any

 

 

HB4468- 50 -LRB100 16692 RJF 31830 b

1collective bargaining contract between a public employer and a
2labor organization executed pursuant to this Act shall
3supersede any contrary statutes, charters, ordinances, rules
4or regulations relating to wages, hours and conditions of
5employment and employment relations adopted by the public
6employer or its agents. Any collective bargaining agreement
7entered into prior to the effective date of this Act shall
8remain in full force during its duration.
9    (c) It is the public policy of this State, pursuant to
10paragraphs (h) and (i) of Section 6 of Article VII of the
11Illinois Constitution, that the provisions of this Act are the
12exclusive exercise by the State of powers and functions which
13might otherwise be exercised by home rule units. Such powers
14and functions may not be exercised concurrently, either
15directly or indirectly, by any unit of local government,
16including any home rule unit, except as otherwise authorized by
17this Act.
18(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.)
 
19    (5 ILCS 315/21.5)
20    Sec. 21.5. Termination of certain agreements after
21constitutional officers take office.
22    (a) No collective bargaining agreement entered into, on or
23after the effective date of this amendatory Act of the 96th
24General Assembly between an executive branch constitutional
25officer or any agency or department of an executive branch

 

 

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1constitutional officer and a labor organization may extend
2beyond June 30th of the year in which the terms of office of
3executive branch constitutional officers begin.
4    (b) No collective bargaining agreement entered into, on or
5after the effective date of this amendatory Act of the 96th
6General Assembly between an executive branch constitutional
7officer or any agency or department of an executive branch
8constitutional officer and a labor organization may provide for
9an increase in salary, wages, or benefits starting on or after
10the first day of the terms of office of executive branch
11constitutional officers and ending June 30th of that same year.
12    (c) Any collective bargaining agreement in violation of
13this Section is terminated and rendered null and void by
14operation of law.
15    (d) For purposes of this Section, "executive branch
16constitutional officer" has the same meaning as that term is
17defined in the State Officials and Employees Ethics Act.
18(Source: P.A. 96-1529, eff. 2-16-11.)
 
19    Section 10. The School Code is amended by changing Section
2034-3.5 as follows:
 
21    (105 ILCS 5/34-3.5)
22    Sec. 34-3.5. Partnership agreement on advancing student
23achievement; No Child Left Behind Act of 2001.
24    (a) The General Assembly finds that the Chicago Teachers

 

 

HB4468- 52 -LRB100 16692 RJF 31830 b

1Union, the Chicago Board of Education, and the district's chief
2executive officer have a common responsibility beyond their
3statutory collective bargaining relationship to institute
4purposeful education reforms in the Chicago Public Schools that
5maximize the number of students in the Chicago Public Schools
6who reach or exceed proficiency with regard to State academic
7standards and assessments. The General Assembly further finds
8that education reform in the Chicago Public Schools must be
9premised on a commitment by all stakeholders to redefine
10relationships, develop, implement, and evaluate programs, seek
11new and additional resources, improve the value of educational
12programs to students, accelerate the quality of teacher
13training, improve instructional excellence, and develop and
14implement strategies to comply with the federal No Child Left
15Behind Act of 2001 (Public Law 107-110).
16    The Chicago Board of Education and the district's chief
17executive officer shall enter into a partnership agreement with
18the Chicago Teachers Union to allow the parties to work
19together to advance the Chicago Public Schools to the next
20level of education reform. This agreement must be entered into
21and take effect within 90 days after the effective date of this
22amendatory Act of the 93rd General Assembly. As part of this
23agreement, the Chicago Teachers Union, the Chicago Board of
24Education, and the district's chief executive officer shall
25jointly file a report with the General Assembly at the end of
26each school year with respect to the nature of the reforms that

 

 

HB4468- 53 -LRB100 16692 RJF 31830 b

1the parties have instituted, the effect of these reforms on
2student achievement, and any other matters that the parties
3deem relevant to evaluating the effectiveness of the agreement.
4    (b) Decisions concerning matters of inherent managerial
5policy necessary to comply with the federal No Child Left
6Behind Act of 2001 (Public Law 107-110), including such areas
7of discretion or policy as the functions of the employer, the
8standards and delivery of educational services and programs,
9the district's overall budget, the district's organizational
10structure, student assignment, school choice, and the
11selection of new employees and direction of employees, and the
12impact of these decisions on individual employees or the
13bargaining unit shall be permissive subjects of bargaining
14between the educational employer and the exclusive bargaining
15representative and are within the sole discretion of the
16educational employer to decide to bargain. This subsection (b)
17is exclusive of the parties' obligations and responsibilities
18under Section 4.5 of the Illinois Educational Labor Relations
19Act (provided that any dispute or impasse that may arise under
20this subsection (b) shall be resolved exclusively as set forth
21in subsection (b) of Section 12 of the Illinois Educational
22Labor Relations Act in lieu of a strike under Section 13 of the
23Illinois Educational Labor Relations Act).
24(Source: P.A. 93-3, eff. 4-16-03.)
 
25    Section 15. The Illinois Educational Labor Relations Act is

 

 

HB4468- 54 -LRB100 16692 RJF 31830 b

1amended by changing Sections 1, 2, 3, 4, 7, 10, and 12 as
2follows:
 
3    (115 ILCS 5/1)  (from Ch. 48, par. 1701)
4    Sec. 1. Policy. It is the public policy of this State and
5the purpose of this Act to promote orderly and constructive
6relationships between all educational employees and their
7employers. Unresolved disputes between the educational
8employees and their employers are injurious to the public, and
9the General Assembly is therefore aware that adequate means
10must be established for minimizing them and providing for their
11resolution. It is the purpose of this Act to regulate labor
12relations between educational employers and educational
13employees, including the designation of educational employee
14representatives, negotiation of wages, hours and other
15conditions of employment and resolution of disputes arising
16under collective bargaining agreements. The General Assembly
17recognizes that substantial differences exist between
18educational employees and other public employees as a result of
19the uniqueness of the educational work calendar and educational
20work duties and the traditional and historical patterns of
21collective bargaining between educational employers and
22educational employees and that such differences demand
23statutory regulation of collective bargaining between
24educational employers and educational employees in a manner
25that recognizes these differences. Recognizing that harmonious

 

 

HB4468- 55 -LRB100 16692 RJF 31830 b

1relationships are required between educational employees and
2their employers, the General Assembly has determined that the
3overall policy may best be accomplished by (a) granting to
4educational employees the right to organize and choose freely
5their representatives; (b) requiring educational employers to
6negotiate and bargain with employee organizations representing
7educational employees and to enter into written agreements
8evidencing the result of such bargaining; and (c) establishing
9procedures to provide for the protection of the rights of the
10educational employee, the educational employer and the public.
11(Source: P.A. 83-1014.)
 
12    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
13    Sec. 2. Definitions. As used in this Act:
14    (a) "Educational employer" or "employer" means the
15governing body of a public school district, including the
16governing body of a charter school established under Article
1727A of the School Code or of a contract school or contract
18turnaround school established under paragraph 30 of Section
1934-18 of the School Code, combination of public school
20districts, including the governing body of joint agreements of
21any type formed by 2 or more school districts, public community
22college district or State college or university, a
23subcontractor of instructional services of a school district
24(other than a school district organized under Article 34 of the
25School Code), combination of school districts, charter school

 

 

HB4468- 56 -LRB100 16692 RJF 31830 b

1established under Article 27A of the School Code, or contract
2school or contract turnaround school established under
3paragraph 30 of Section 34-18 of the School Code, an
4Independent Authority created under Section 2-3.25f-5 of the
5School Code, and any State agency whose major function is
6providing educational services. "Educational employer" or
7"employer" does not include (1) a Financial Oversight Panel
8created pursuant to Section 1A-8 of the School Code due to a
9district violating a financial plan or (2) an approved
10nonpublic special education facility that contracts with a
11school district or combination of school districts to provide
12special education services pursuant to Section 14-7.02 of the
13School Code, but does include a School Finance Authority
14created under Article 1E or 1F of the School Code and a
15Financial Oversight Panel created under Article 1B or 1H of the
16School Code. The change made by this amendatory Act of the 96th
17General Assembly to this paragraph (a) to make clear that the
18governing body of a charter school is an "educational employer"
19is declaratory of existing law.
20    (b) "Educational employee" or "employee" means any
21individual, excluding supervisors, managerial, confidential,
22short term employees, student, and part-time academic
23employees of community colleges employed full or part time by
24an educational employer, but shall not include elected
25officials and appointees of the Governor with the advice and
26consent of the Senate, firefighters as defined by subsection

 

 

HB4468- 57 -LRB100 16692 RJF 31830 b

1(g-1) of Section 3 of the Illinois Public Labor Relations Act,
2and peace officers employed by a State university. For the
3purposes of this Act, part-time academic employees of community
4colleges shall be defined as those employees who provide less
5than 3 credit hours of instruction per academic semester. In
6this subsection (b), the term "student" includes graduate
7students who are research assistants primarily performing
8duties that involve research or graduate assistants primarily
9performing duties that are pre-professional, but excludes
10graduate students who are teaching assistants primarily
11performing duties that involve the delivery and support of
12instruction and all other graduate assistants.
13    (c) "Employee organization" or "labor organization" means
14an organization of any kind in which membership includes
15educational employees, and which exists for the purpose, in
16whole or in part, of dealing with employers concerning
17grievances, employee-employer disputes, or wages , rates of
18pay, hours of employment, or conditions of work, but shall not
19include any organization which practices discrimination in
20membership because of race, color, creed, age, gender, national
21origin or political affiliation.
22    (d) "Exclusive representative" means the labor
23organization which has been designated by the Illinois
24Educational Labor Relations Board as the representative of the
25majority of educational employees in an appropriate unit, or
26recognized by an educational employer prior to January 1, 1984

 

 

HB4468- 58 -LRB100 16692 RJF 31830 b

1as the exclusive representative of the employees in an
2appropriate unit or, after January 1, 1984, recognized by an
3employer upon evidence that the employee organization has been
4designated as the exclusive representative by a majority of the
5employees in an appropriate unit.
6    (e) "Board" means the Illinois Educational Labor Relations
7Board.
8    (f) "Regional Superintendent" means the regional
9superintendent of schools provided for in Articles 3 and 3A of
10The School Code.
11    (g) "Supervisor" means any individual having authority in
12the interests of the employer to hire, transfer, suspend, lay
13off, recall, promote, discharge, reward or discipline other
14employees within the appropriate bargaining unit and adjust
15their grievances, or to effectively recommend such action if
16the exercise of such authority is not of a merely routine or
17clerical nature but requires the use of independent judgment.
18The term "supervisor" includes only those individuals who
19devote a preponderance of their employment time to such
20exercising authority.
21    (h) "Unfair labor practice" or "unfair practice" means any
22practice prohibited by Section 14 of this Act.
23    (i) "Person" includes an individual, educational employee,
24educational employer, legal representative, or employee
25organization.
26    (j) "Wages" means only total base wages and excludes any

 

 

HB4468- 59 -LRB100 16692 RJF 31830 b

1other compensation, which includes but is not limited to
2overtime, premium pay, merit pay, performance pay,
3supplemental compensation, pay schedules, and automatic pay
4progressions. salaries or other forms of compensation for
5services rendered.
6    (k) "Professional employee" means, in the case of a public
7community college, State college or university, State agency
8whose major function is providing educational services, the
9Illinois School for the Deaf, and the Illinois School for the
10Visually Impaired, (1) any employee engaged in work (i)
11predominantly intellectual and varied in character as opposed
12to routine mental, manual, mechanical, or physical work; (ii)
13involving the consistent exercise of discretion and judgment in
14its performance; (iii) of such character that the output
15produced or the result accomplished cannot be standardized in
16relation to a given period of time; and (iv) requiring
17knowledge of an advanced type in a field of science or learning
18customarily acquired by a prolonged course of specialized
19intellectual instruction and study in an institution of higher
20learning or a hospital, as distinguished from a general
21academic education or from an apprenticeship or from training
22in the performance of routine mental, manual, or physical
23processes; or (2) any employee, who (i) has completed the
24courses of specialized intellectual instruction and study
25described in clause (iv) of paragraph (1) of this subsection,
26and (ii) is performing related work under the supervision of a

 

 

HB4468- 60 -LRB100 16692 RJF 31830 b

1professional person to qualify himself or herself to become a
2professional as defined in paragraph (l).
3    (l) "Professional employee" means, in the case of any
4public school district, or combination of school districts
5pursuant to joint agreement, any employee who has a certificate
6issued under Article 21 or Section 34-83 of the School Code, as
7now or hereafter amended.
8    (m) "Unit" or "bargaining unit" means any group of
9employees for which an exclusive representative is selected.
10    (n) "Confidential employee" means an employee, who (i) in
11the regular course of his or her duties, assists and acts in a
12confidential capacity to persons who formulate, determine and
13effectuate management policies with regard to labor relations
14or who (ii) in the regular course of his or her duties has
15access to information relating to the effectuation or review of
16the employer's collective bargaining policies.
17    (o) "Managerial employee" means an individual who is
18engaged predominantly in executive and management functions
19and is charged with the responsibility of directing the
20effectuation of such management policies and practices.
21    (p) "Craft employee" means a skilled journeyman, craft
22person, and his or her apprentice or helper.
23    (q) "Short-term employee" is an employee who is employed
24for less than 2 consecutive calendar quarters during a calendar
25year and who does not have a reasonable expectation that he or
26she will be rehired by the same employer for the same service

 

 

HB4468- 61 -LRB100 16692 RJF 31830 b

1in a subsequent calendar year. Nothing in this subsection shall
2affect the employee status of individuals who were covered by a
3collective bargaining agreement on the effective date of this
4amendatory Act of 1991.
5(Source: P.A. 97-429, eff. 8-16-11; 98-1155, eff. 1-9-15.)
 
6    (115 ILCS 5/3)  (from Ch. 48, par. 1703)
7    Sec. 3. Employee rights.
8    (a) It shall be lawful for educational employees to
9organize, form, join, or assist in employee organizations or
10engage in lawful concerted activities for the purpose of
11collective bargaining or other mutual aid and protection or
12bargain collectively through representatives of their own free
13choice and, except as provided in Section 11, such employees
14shall also have the right to refrain from any or all such
15activities.
16    (b) Representatives selected by educational employees in a
17unit appropriate for collective bargaining purposes shall be
18the exclusive representative of all the employees in such unit
19to bargain on wages, hours, terms and conditions of employment.
20However, any individual employee or a group of employees may at
21any time present grievances to their employer and have them
22adjusted without the intervention of the bargaining
23representative as long as the adjustment is not inconsistent
24with the terms of a collective bargaining agreement then in
25effect, provided that the bargaining representative has been

 

 

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1given an opportunity to be present at such adjustment.
2(Source: P.A. 83-1014.)
 
3    (115 ILCS 5/4)  (from Ch. 48, par. 1704)
4    (Text of Section WITH the changes made by P.A. 98-599,
5which has been held unconstitutional)
6    Sec. 4. Employer rights. Employers shall not be required to
7bargain over matters of inherent managerial policy, which shall
8include such areas of discretion or policy as the functions of
9the employer, standards of services, its overall budget, the
10organizational structure and selection of new employees and
11direction of employees. Employers, however, shall be required
12to bargain collectively with regard to policy matters directly
13affecting wages, hours and terms and conditions of employment
14as well as the impact thereon upon request by employee
15representatives, except as provided in Section 10.5. To
16preserve the rights of employers and exclusive representatives
17which have established collective bargaining relationships or
18negotiated collective bargaining agreements prior to the
19effective date of this Act, employers shall be required to
20bargain collectively with regard to any matter concerning
21wages, hours or conditions of employment about which they have
22bargained for and agreed to in a collective bargaining
23agreement prior to the effective date of this Act, except as
24provided in Section 10.5.
25(Source: P.A. 98-599, eff. 6-1-14.)
 

 

 

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1    (Text of Section WITHOUT the changes made by P.A. 98-599,
2which has been held unconstitutional)
3    Sec. 4. Employer rights. Employers shall not be required to
4bargain over matters of inherent managerial policy, which shall
5include such areas of discretion or policy as the functions of
6the employer, standards of services, its overall budget, the
7organizational structure and selection of new employees and
8direction of employees. Employers, however, shall be required
9to bargain collectively with regard to policy matters directly
10affecting wages, hours and terms and conditions of employment
11as well as the impact thereon upon request by employee
12representatives. To preserve the rights of employers and
13exclusive representatives which have established collective
14bargaining relationships or negotiated collective bargaining
15agreements prior to the effective date of this Act, employers
16shall be required to bargain collectively with regard to any
17matter concerning wages, hours or conditions of employment
18about which they have bargained for and agreed to in a
19collective bargaining agreement prior to the effective date of
20this Act.
21(Source: P.A. 83-1014.)
 
22    (115 ILCS 5/7)  (from Ch. 48, par. 1707)
23    Sec. 7. Recognition of exclusive bargaining
24representatives - unit determination. The Board is empowered

 

 

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1to administer the recognition of bargaining representatives of
2employees of public school districts, including employees of
3districts which have entered into joint agreements, or
4employees of public community college districts, or any State
5college or university, and any State agency whose major
6function is providing educational services, making certain
7that each bargaining unit contains employees with an
8identifiable community of interest and that no unit includes
9both professional employees and nonprofessional employees
10unless a majority of employees in each group vote for inclusion
11in the unit.
12    (a) In determining the appropriateness of a unit, the Board
13shall decide in each case, in order to ensure employees the
14fullest freedom in exercising the rights guaranteed by this
15Act, the unit appropriate for the purpose of collective
16bargaining, based upon but not limited to such factors as
17historical pattern of recognition, community of interest,
18including employee skills and functions, degree of functional
19integration, interchangeability and contact among employees,
20common supervision, wages, hours and other working conditions
21of the employees involved, and the desires of the employees.
22Nothing in this Act, except as herein provided, shall interfere
23with or negate the current representation rights or patterns
24and practices of employee organizations which have
25historically represented employees for the purposes of
26collective bargaining, including but not limited to the

 

 

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1negotiations of wages, hours and working conditions,
2resolutions of employees' grievances, or resolution of
3jurisdictional disputes, or the establishment and maintenance
4of prevailing wage rates, unless a majority of the employees so
5represented expresses a contrary desire under the procedures
6set forth in this Act. This Section, however, does not prohibit
7multi-unit bargaining. Notwithstanding the above factors,
8where the majority of public employees of a craft so decide,
9the Board shall designate such craft as a unit appropriate for
10the purposes of collective bargaining.
11    The sole appropriate bargaining unit for tenured and
12tenure-track academic faculty at each campus of the University
13of Illinois shall be a unit that is comprised of
14non-supervisory academic faculty employed more than half-time
15and that includes all tenured and tenure-track faculty of that
16University campus employed by the board of trustees in all of
17the campus's undergraduate, graduate, and professional schools
18and degree and non-degree programs (with the exception of the
19college of medicine, the college of pharmacy, the college of
20dentistry, the college of law, and the college of veterinary
21medicine, each of which shall have its own separate unit),
22regardless of current or historical representation rights or
23patterns or the application of any other factors. Any decision,
24rule, or regulation promulgated by the Board to the contrary
25shall be null and void.
26    (b) An educational employer shall voluntarily recognize a

 

 

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1labor organization for collective bargaining purposes if that
2organization appears to represent a majority of employees in
3the unit. The employer shall post notice of its intent to so
4recognize for a period of at least 20 school days on bulletin
5boards or other places used or reserved for employee notices.
6Thereafter, the employer, if satisfied as to the majority
7status of the employee organization, shall send written
8notification of such recognition to the Board for
9certification. Any dispute regarding the majority status of a
10labor organization shall be resolved by the Board which shall
11make the determination of majority status.
12    Within the 20 day notice period, however, any other
13interested employee organization may petition the Board to seek
14recognition as the exclusive representative of the unit in the
15manner specified by rules and regulations prescribed by the
16Board, if such interested employee organization has been
17designated by at least 15% of the employees in an appropriate
18bargaining unit which includes all or some of the employees in
19the unit intended to be recognized by the employer. In such
20event, the Board shall proceed with the petition in the same
21manner as provided in paragraph (c) of this Section.
22    (c) A labor organization may also gain recognition as the
23exclusive representative by an election of the employees in the
24unit. Petitions requesting an election may be filed with the
25Board:
26        (1) by an employee or group of employees or any labor

 

 

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1    organizations acting on their behalf alleging and
2    presenting evidence that 30% or more of the employees in a
3    bargaining unit wish to be represented for collective
4    bargaining or that the labor organization which has been
5    acting as the exclusive bargaining representative is no
6    longer representative of a majority of the employees in the
7    unit; or
8        (2) by an employer alleging that one or more labor
9    organizations have presented a claim to be recognized as an
10    exclusive bargaining representative of a majority of the
11    employees in an appropriate unit and that it doubts the
12    majority status of any of the organizations or that it
13    doubts the majority status of an exclusive bargaining
14    representative.
15    The Board shall investigate the petition and if it has
16reasonable cause to suspect that a question of representation
17exists, it shall give notice and conduct a hearing. If it finds
18upon the record of the hearing that a question of
19representation exists, it shall direct an election, which shall
20be held no later than 90 days after the date the petition was
21filed. Nothing prohibits the waiving of hearings by the parties
22and the conduct of consent elections.
23    (c-5) The Board shall designate an exclusive
24representative for purposes of collective bargaining when the
25representative demonstrates a showing of majority interest by
26employees in the unit. If the parties to a dispute are without

 

 

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1agreement on the means to ascertain the choice, if any, of
2employee organization as their representative, the Board shall
3ascertain the employees' choice of employee organization, on
4the basis of dues deduction authorization or other evidence,
5or, if necessary, by conducting an election. All evidence
6submitted by an employee organization to the Board to ascertain
7an employee's choice of an employee organization is
8confidential and shall not be submitted to the employer for
9review. The Board shall ascertain the employee's choice of
10employee organization within 120 days after the filing of the
11majority interest petition; however, the Board may extend time
12by an additional 60 days, upon its own motion or upon the
13motion of a party to the proceeding. If either party provides
14to the Board, before the designation of a representative, clear
15and convincing evidence that the dues deduction
16authorizations, and other evidence upon which the Board would
17otherwise rely to ascertain the employees' choice of
18representative, are fraudulent or were obtained through
19coercion, the Board shall promptly thereafter conduct an
20election. The Board shall also investigate and consider a
21party's allegations that the dues deduction authorizations and
22other evidence submitted in support of a designation of
23representative without an election were subsequently changed,
24altered, withdrawn, or withheld as a result of employer fraud,
25coercion, or any other unfair labor practice by the employer.
26If the Board determines that a labor organization would have

 

 

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1had a majority interest but for an employer's fraud, coercion,
2or unfair labor practice, it shall designate the labor
3organization as an exclusive representative without conducting
4an election. If a hearing is necessary to resolve any issues of
5representation under this Section, the Board shall conclude its
6hearing process and issue a certification of the entire
7appropriate unit not later than 120 days after the date the
8petition was filed. The 120-day period may be extended one or
9more times by the agreement of all parties to a hearing to a
10date certain.
11    (c-6) A labor organization or an employer may file a unit
12clarification petition seeking to clarify an existing
13bargaining unit. The Board shall conclude its investigation,
14including any hearing process deemed necessary, and issue a
15certification of clarified unit or dismiss the petition not
16later than 120 days after the date the petition was filed. The
17120-day period may be extended one or more times by the
18agreement of all parties to a hearing to a date certain.
19    (d) An order of the Board dismissing a representation
20petition, determining and certifying that a labor organization
21has been fairly and freely chosen by a majority of employees in
22an appropriate bargaining unit, determining and certifying
23that a labor organization has not been fairly and freely chosen
24by a majority of employees in the bargaining unit or certifying
25a labor organization as the exclusive representative of
26employees in an appropriate bargaining unit because of a

 

 

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1determination by the Board that the labor organization is the
2historical bargaining representative of employees in the
3bargaining unit, is a final order. Any person aggrieved by any
4such order issued on or after the effective date of this
5amendatory Act of 1987 may apply for and obtain judicial review
6in accordance with provisions of the Administrative Review Law,
7as now or hereafter amended, except that such review shall be
8afforded directly in the Appellate Court of a judicial district
9in which the Board maintains an office. Any direct appeal to
10the Appellate Court shall be filed within 35 days from the date
11that a copy of the decision sought to be reviewed was served
12upon the party affected by the decision.
13    No election may be conducted in any bargaining unit during
14the term of a collective bargaining agreement covering such
15unit or subdivision thereof, except the Board may direct an
16election after the filing of a petition between January 15 and
17March 1 of the final year of a collective bargaining agreement.
18Nothing in this Section prohibits the negotiation of a
19collective bargaining agreement covering a period not
20exceeding 3 years. A collective bargaining agreement of less
21than 3 years may be extended up to 3 years by the parties if the
22extension is agreed to in writing before the filing of a
23petition under this Section. In such case, the final year of
24the extension is the final year of the collective bargaining
25agreement. No election may be conducted in a bargaining unit,
26or subdivision thereof, in which a valid election has been held

 

 

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1within the preceding 12 month period.
2(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
3    (115 ILCS 5/10)  (from Ch. 48, par. 1710)
4    Sec. 10. Duty to bargain. (a) An educational employer and
5the exclusive representative have the authority and the duty to
6bargain collectively as set forth in this Section. Collective
7bargaining is the performance of the mutual obligations of the
8educational employer and the representative of the educational
9employees to meet at reasonable times and confer in good faith
10with respect to wages, hours and other terms and conditions of
11employment, and to execute a written contract incorporating any
12agreement reached by such obligation, provided such obligation
13does not compel either party to agree to a proposal or require
14the making of a concession.
15    (b) The parties to the collective bargaining process shall
16not effect or implement a provision in a collective bargaining
17agreement if the implementation of that provision would be in
18violation of, or inconsistent with, or in conflict with any
19statute or statutes enacted by the General Assembly of
20Illinois. The parties to the collective bargaining process may
21effect or implement a provision in a collective bargaining
22agreement if the implementation of that provision has the
23effect of supplementing any provision in any statute or
24statutes enacted by the General Assembly of Illinois pertaining
25to wages, hours or other conditions of employment; provided

 

 

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1however, no provision in a collective bargaining agreement may
2be effected or implemented if such provision has the effect of
3negating, abrogating, replacing, reducing, diminishing, or
4limiting in any way any employee rights, guarantees or
5privileges pertaining to wages, hours or other conditions of
6employment provided in such statutes. Any provision in a
7collective bargaining agreement which has the effect of
8negating, abrogating, replacing, reducing, diminishing or
9limiting in any way any employee rights, guarantees or
10privileges provided in an Illinois statute or statutes shall be
11void and unenforceable, but shall not affect the validity,
12enforceability and implementation of other permissible
13provisions of the collective bargaining agreement.
14    (c) The collective bargaining agreement negotiated between
15representatives of the educational employees and the
16educational employer shall contain a grievance resolution
17procedure which shall apply to all employees in the unit and
18shall provide for binding arbitration of disputes concerning
19the administration or interpretation of the agreement. The
20agreement shall also contain appropriate language prohibiting
21strikes for the duration of the agreement. The costs of such
22arbitration shall be borne equally by the educational employer
23and the employee organization.
24    (d) Once an agreement is reached between representatives of
25the educational employees and the educational employer and is
26ratified by both parties, the agreement shall be reduced to

 

 

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1writing and signed by the parties.
2(Source: P.A. 84-832.)
 
3    (115 ILCS 5/12)  (from Ch. 48, par. 1712)
4    Sec. 12. Impasse procedures.
5    (a) This subsection (a) applies only to collective
6bargaining between an educational employer that is not a public
7school district organized under Article 34 of the School Code
8and an exclusive representative of its employees. If the
9parties engaged in collective bargaining have not reached an
10agreement by 90 days before the scheduled start of the
11forthcoming school year, the parties shall notify the Illinois
12Educational Labor Relations Board concerning the status of
13negotiations. This notice shall include a statement on whether
14mediation has been used.
15    Upon demand of either party, collective bargaining between
16the employer and an exclusive bargaining representative must
17begin within 60 days of the date of certification of the
18representative by the Board, or in the case of an existing
19exclusive bargaining representative, within 60 days of the
20receipt by a party of a demand to bargain issued by the other
21party. Once commenced, collective bargaining must continue for
22at least a 60 day period, unless a contract is entered into.
23    If Except as otherwise provided in subsection (b) of this
24Section, if after a reasonable period of negotiation and within
2590 days of the scheduled start of the forth-coming school year,

 

 

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1the parties engaged in collective bargaining have reached an
2impasse, either party may petition the Board to initiate
3mediation. Alternatively, the Board on its own motion may
4initiate mediation during this period. However, mediation
5shall be initiated by the Board at any time when jointly
6requested by the parties and the services of the mediators
7shall continuously be made available to the employer and to the
8exclusive bargaining representative for purposes of
9arbitration of grievances and mediation or arbitration of
10contract disputes. If requested by the parties, the mediator
11may perform fact-finding and in so doing conduct hearings and
12make written findings and recommendations for resolution of the
13dispute. Such mediation shall be provided by the Board and
14shall be held before qualified impartial individuals. Nothing
15prohibits the use of other individuals or organizations such as
16the Federal Mediation and Conciliation Service or the American
17Arbitration Association selected by both the exclusive
18bargaining representative and the employer.
19    If the parties engaged in collective bargaining fail to
20reach an agreement within 45 days of the scheduled start of the
21forthcoming school year and have not requested mediation, the
22Illinois Educational Labor Relations Board shall invoke
23mediation.
24    Whenever mediation is initiated or invoked under this
25subsection (a), the parties may stipulate to defer selection of
26a mediator in accordance with rules adopted by the Board.

 

 

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1    (a-5) This subsection (a-5) applies only to collective
2bargaining between a public school district or a combination of
3public school districts, including, but not limited to, joint
4cooperatives, that is not organized under Article 34 of the
5School Code and an exclusive representative of its employees.
6        (1) Any time 15 days after mediation has commenced,
7    either party may initiate the public posting process. The
8    mediator may initiate the public posting process at any
9    time 15 days after mediation has commenced during the
10    mediation process. Initiation of the public posting
11    process must be filed in writing with the Board, and copies
12    must be submitted to the parties on the same day the
13    initiation is filed with the Board.
14        (2) Within 7 days after the initiation of the public
15    posting process, each party shall submit to the mediator,
16    the Board, and the other party in writing the most recent
17    offer of the party, including a cost summary of the offer.
18    Seven days after receipt of the parties' offers, the Board
19    shall make public the offers and each party's cost summary
20    dealing with those issues on which the parties have failed
21    to reach agreement by immediately posting the offers on its
22    Internet website, unless otherwise notified by the
23    mediator or jointly by the parties that agreement has been
24    reached. On the same day of publication by the Board, at a
25    minimum, the school district shall distribute notice of the
26    availability of the offers on the Board's Internet website

 

 

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1    to all news media that have filed an annual request for
2    notices from the school district pursuant to Section 2.02
3    of the Open Meetings Act. The parties' offers shall remain
4    on the Board's Internet website until the parties have
5    reached and ratified an agreement.
6    (a-10) This subsection (a-10) applies only to collective
7bargaining between a public school district organized under
8Article 34 of the School Code and an exclusive representative
9of its employees.
10        (1) For collective bargaining agreements between an
11    educational employer to which this subsection (a-10)
12    applies and an exclusive representative of its employees,
13    if the parties fail to reach an agreement after a
14    reasonable period of mediation, the dispute shall be
15    submitted to fact-finding in accordance with this
16    subsection (a-10). Either the educational employer or the
17    exclusive representative may initiate fact-finding by
18    submitting a written demand to the other party with a copy
19    of the demand submitted simultaneously to the Board.
20        (2) Within 3 days following a party's demand for
21    fact-finding, each party shall appoint one member of the
22    fact-finding panel, unless the parties agree to proceed
23    without a tri-partite panel. Following these appointments,
24    if any, the parties shall select a qualified impartial
25    individual to serve as the fact-finder and chairperson of
26    the fact-finding panel, if applicable. An individual shall

 

 

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1    be considered qualified to serve as the fact-finder and
2    chairperson of the fact-finding panel, if applicable, if he
3    or she was not the same individual who was appointed as the
4    mediator and if he or she satisfies the following
5    requirements: membership in good standing with the
6    National Academy of Arbitrators, Federal Mediation and
7    Conciliation Service, or American Arbitration Association
8    for a minimum of 10 years; membership on the mediation
9    roster for the Illinois Labor Relations Board or Illinois
10    Educational Labor Relations Board; issuance of at least 5
11    interest arbitration awards arising under the Illinois
12    Public Labor Relations Act; and participation in impasse
13    resolution processes arising under private or public
14    sector collective bargaining statutes in other states. If
15    the parties are unable to agree on a fact-finder, the
16    parties shall request a panel of fact-finders who satisfy
17    the requirements set forth in this paragraph (2) from
18    either the Federal Mediation and Conciliation Service or
19    the American Arbitration Association and shall select a
20    fact-finder from such panel in accordance with the
21    procedures established by the organization providing the
22    panel.
23        (3) The fact-finder shall have the following duties and
24    powers:
25            (A) to require the parties to submit a statement of
26        disputed issues and their positions regarding each

 

 

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1        issue either jointly or separately;
2            (B) to identify disputed issues that are economic
3        in nature;
4            (C) to meet with the parties either separately or
5        in executive sessions;
6            (D) to conduct hearings and regulate the time,
7        place, course, and manner of the hearings;
8            (E) to request the Board to issue subpoenas
9        requiring the attendance and testimony of witnesses or
10        the production of evidence;
11            (F) to administer oaths and affirmations;
12            (G) to examine witnesses and documents;
13            (H) to create a full and complete written record of
14        the hearings;
15            (I) to attempt mediation or remand a disputed issue
16        to the parties for further collective bargaining;
17            (J) to require the parties to submit final offers
18        for each disputed issue either individually or as a
19        package or as a combination of both; and
20            (K) to employ any other measures deemed
21        appropriate to resolve the impasse.
22        (4) If the dispute is not settled within 75 days after
23    the appointment of the fact-finding panel, the
24    fact-finding panel shall issue a private report to the
25    parties that contains advisory findings of fact and
26    recommended terms of settlement for all disputed issues and

 

 

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1    that sets forth a rationale for each recommendation. The
2    fact-finding panel, acting by a majority of its members,
3    shall base its findings and recommendations upon the
4    following criteria as applicable:
5            (A) the lawful authority of the employer;
6            (B) the federal and State statutes or local
7        ordinances and resolutions applicable to the employer;
8            (C) prior collective bargaining agreements and the
9        bargaining history between the parties;
10            (D) stipulations of the parties;
11            (E) the interests and welfare of the public and the
12        students and families served by the employer;
13            (F) the employer's financial ability to fund the
14        proposals based on existing available resources,
15        provided that such ability is not predicated on an
16        assumption that lines of credit or reserve funds are
17        available or that the employer may or will receive or
18        develop new sources of revenue or increase existing
19        sources of revenue;
20            (G) the impact of any economic adjustments on the
21        employer's ability to pursue its educational mission;
22            (H) the present and future general economic
23        conditions in the locality and State;
24            (I) a comparison of the wages, hours, and
25        conditions of employment of the employees involved in
26        the dispute with the wages, hours, and conditions of

 

 

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1        employment of employees performing similar services in
2        public education in the 10 largest U.S. cities;
3            (J) the average consumer prices in urban areas for
4        goods and services, which is commonly known as the cost
5        of living;
6            (K) the overall compensation presently received by
7        the employees involved in the dispute, including
8        direct wage compensation; vacations, holidays, and
9        other excused time; insurance and pensions; medical
10        and hospitalization benefits; the continuity and
11        stability of employment and all other benefits
12        received; and how each party's proposed compensation
13        structure supports the educational goals of the
14        district;
15            (L) changes in any of the circumstances listed in
16        items (A) through (K) of this paragraph (4) during the
17        fact-finding proceedings;
18            (M) the effect that any term the parties are at
19        impasse on has or may have on the overall educational
20        environment, learning conditions, and working
21        conditions with the school district; and
22            (N) the effect that any term the parties are at
23        impasse on has or may have in promoting the public
24        policy of this State.
25        (5) The fact-finding panel's recommended terms of
26    settlement shall be deemed agreed upon by the parties as

 

 

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1    the final resolution of the disputed issues and
2    incorporated into the collective bargaining agreement
3    executed by the parties, unless either party tenders to the
4    other party and the chairperson of the fact-finding panel a
5    notice of rejection of the recommended terms of settlement
6    with a rationale for the rejection, within 15 days after
7    the date of issuance of the fact-finding panel's report. If
8    either party submits a notice of rejection, the chairperson
9    of the fact-finding panel shall publish the fact-finding
10    panel's report and the notice of rejection for public
11    information by delivering a copy to all newspapers of
12    general circulation in the community with simultaneous
13    written notice to the parties.
14    (b) (Blank). If, after a period of bargaining of at least
1560 days, a dispute or impasse exists between an educational
16employer whose territorial boundaries are coterminous with
17those of a city having a population in excess of 500,000 and
18the exclusive bargaining representative over a subject or
19matter set forth in Section 4.5 of this Act, the parties shall
20submit the dispute or impasse to the dispute resolution
21procedure agreed to between the parties. The procedure shall
22provide for mediation of disputes by a rotating mediation panel
23and may, at the request of either party, include the issuance
24of advisory findings of fact and recommendations.
25    (c) The costs of fact finding and mediation shall be shared
26equally between the employer and the exclusive bargaining

 

 

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1agent, provided that, for purposes of mediation under this Act,
2if either party requests the use of mediation services from the
3Federal Mediation and Conciliation Service, the other party
4shall either join in such request or bear the additional cost
5of mediation services from another source. All other costs and
6expenses of complying with this Section must be borne by the
7party incurring them.
8    (c-5) If an educational employer or exclusive bargaining
9representative refuses to participate in mediation or fact
10finding when required by this Section, the refusal shall be
11deemed a refusal to bargain in good faith.
12    (d) Nothing in this Act prevents an employer and an
13exclusive bargaining representative from mutually submitting
14to final and binding impartial arbitration unresolved issues
15concerning the terms of a new collective bargaining agreement.
16(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
17eff. 1-1-14.)
 
18    (115 ILCS 5/4.5 rep.)
19    Section 20. The Illinois Educational Labor Relations Act is
20amended by repealing Section 4.5.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.