101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2636

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Public Labor Relations Act. Removes language requiring employees who are not members of a representing labor organization to pay a proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and conditions of employment under a collective bargaining agreement. Provides that employees shall not be required to perform certain acts as a condition of obtaining or continuing public employment. Provides that public employees shall have the right to bargain independently in their relations with the public employer. Provides that an agreement, contract, understanding, or practice between or involving a public employer, labor organization, or exclusive representative that violates the provisions concerning independent bargaining or requires an employee to perform certain forbidden acts as a condition of obtaining or continuing public employment is unlawful and unenforceable. Removes language concerning fair share agreements in collective bargaining. Provides that public employees who are not members of a labor organization may represent themselves in grievance resolution procedures. Provides that public employees who have chosen to bargain independently may be party to mediation and fact-finding proceedings. Modifies the terms "collective bargaining", "exclusive representative", and "labor organization". Removes the term "fair share agreement". Defines "independent bargaining" or "to bargain independently". Makes conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2636LRB101 08089 RJF 53152 b

1    AN ACT concerning State 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 3, 4, 6, 7, 8, 9, 10, 12, and 13 as
6follows:
 
7    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
8    Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Board" means the Illinois Labor Relations Board or,
11with respect to a matter over which the jurisdiction of the
12Board is assigned to the State Panel or the Local Panel under
13Section 5, the panel having jurisdiction over the matter.
14    (b) "Collective bargaining" means bargaining over terms
15and conditions of employment for members of a labor
16organization, employee organization, bargaining agent, or
17exclusive bargaining representative, including hours, wages,
18and other conditions of employment, as detailed in Section 7
19and which are not excluded by Section 4.
20    (c) "Confidential employee" means an employee who, in the
21regular course of his or her duties, assists and acts in a
22confidential capacity to persons who formulate, determine, and
23effectuate management policies with regard to labor relations

 

 

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1or who, in the regular course of his or her duties, has
2authorized access to information relating to the effectuation
3or review of the employer's collective bargaining policies.
4    (d) "Craft employees" means skilled journeymen, crafts
5persons, and their apprentices and helpers.
6    (e) "Essential services employees" means those public
7employees performing functions so essential that the
8interruption or termination of the function will constitute a
9clear and present danger to the health and safety of the
10persons in the affected community.
11    (f) "Exclusive representative", except with respect to
12non-State fire fighters and paramedics employed by fire
13departments and fire protection districts, non-State peace
14officers, and peace officers in the Department of State Police,
15means the labor organization, which is the sole representative
16for all public employees in a collective bargaining unit who
17are members of the organization and do not independently
18bargain, that has been (i) designated by the Board as the
19representative of a majority of public employees in an
20appropriate bargaining unit in accordance with the procedures
21contained in this Act, (ii) historically recognized by the
22State of Illinois or any political subdivision of the State
23before July 1, 1984 (the effective date of this Act) as the
24exclusive representative of the employees in an appropriate
25bargaining unit, (iii) after July 1, 1984 (the effective date
26of this Act) recognized by an employer upon evidence,

 

 

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1acceptable to the Board, that the labor organization has been
2designated as the exclusive representative by a majority of the
3employees in an appropriate bargaining unit; (iv) recognized as
4the exclusive representative of personal assistants under
5Executive Order 2003-8 prior to the effective date of this
6amendatory Act of the 93rd General Assembly, and the
7organization shall be considered to be the exclusive
8representative of the personal assistants as defined in this
9Section; or (v) recognized as the exclusive representative of
10child and day care home providers, including licensed and
11license exempt providers, pursuant to an election held under
12Executive Order 2005-1 prior to the effective date of this
13amendatory Act of the 94th General Assembly, and the
14organization shall be considered to be the exclusive
15representative of the child and day care home providers as
16defined 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, which is the sole representative for all public
22employees in a collective bargaining unit who are members of
23the organization and do not independently bargain, that has
24been (i) designated by the Board as the representative of a
25majority of peace officers or fire fighters in an appropriate
26bargaining unit in accordance with the procedures contained in

 

 

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1this Act, (ii) historically recognized by the State of Illinois
2or any political subdivision of the State before January 1,
31986 (the effective date of this amendatory Act of 1985) as the
4exclusive representative by a majority of the peace officers or
5fire fighters in an appropriate bargaining unit, or (iii) after
6January 1, 1986 (the effective date of this amendatory Act of
71985) recognized by an employer upon evidence, acceptable to
8the Board, that the labor organization has been designated as
9the exclusive representative by a majority of the peace
10officers or fire fighters in an appropriate bargaining unit.
11    Where a historical pattern of representation exists for the
12workers of a water system that was owned by a public utility,
13as defined in Section 3-105 of the Public Utilities Act, prior
14to becoming certified employees of a municipality or
15municipalities once the municipality or municipalities have
16acquired the water system as authorized in Section 11-124-5 of
17the Illinois Municipal Code, the Board shall find the labor
18organization that has historically represented the workers to
19be the exclusive representative of members of the labor
20organization under this Act, and shall find the unit
21represented by the exclusive representative to be the
22appropriate unit.
23    (g) (Blank). "Fair share agreement" means an agreement
24between the employer and an employee organization under which
25all or any of the employees in a collective bargaining unit are
26required to pay their proportionate share of the costs of the

 

 

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

 

 

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1Representatives, the Minority Leader of the House of
2Representatives, the President of the Senate, the Minority
3Leader of the Senate, the Joint Committee on Legislative
4Support Services and any legislative support services agency
5listed in the Legislative Commission Reorganization Act of
61984.
7    (h) "Governing body" means, in the case of the State, the
8State Panel of the Illinois Labor Relations Board, the Director
9of the Department of Central Management Services, and the
10Director of the Department of Labor; the county board in the
11case of a county; the corporate authorities in the case of a
12municipality; and the appropriate body authorized to provide
13for expenditures of its funds in the case of any other unit of
14government.
15    (h-5) "Independent bargaining" or "to bargain
16independently" means to bargain between a public employer and a
17public employee with respect to rates of pay, wages, hours of
18employment, adjustment of grievances or other terms and
19conditions of employment without the intervention of a labor
20organization, employee organization, bargaining agent, or
21exclusive representative.
22        (1) Independent bargaining does not grant any greater
23    or lesser rights or privileges to public employees who have
24    chosen to represent themselves in a unit with an exclusive
25    bargaining representative than those public employees in a
26    unit without an exclusive representative.

 

 

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1        (2) Independent bargaining does not grant any greater
2    or lesser duties or obligations for a public employer to
3    public employees who have chosen to represent themselves in
4    a unit with an exclusive representative than those duties
5    or obligations the public employer owe to public employees
6    in a unit without an exclusive representative.
7    (i) "Labor organization" means any organization in which
8public employees participate and that exists for the purpose,
9in whole or in part, of dealing with a public employer
10concerning wages, hours, and other terms and conditions of
11employment, including the settlement of grievances for members
12of the organization.
13    (i-5) "Legislative liaison" means a person who is an
14employee of a State agency, the Attorney General, the Secretary
15of State, the Comptroller, or the Treasurer, as the case may
16be, and whose job duties require the person to regularly
17communicate in the course of his or her employment with any
18official or staff of the General Assembly of the State of
19Illinois for the purpose of influencing any legislative action.
20    (j) "Managerial employee" means an individual who is
21engaged predominantly in executive and management functions
22and is charged with the responsibility of directing the
23effectuation of management policies and practices. With
24respect only to State employees in positions under the
25jurisdiction of the Attorney General, Secretary of State,
26Comptroller, or Treasurer (i) that were certified in a

 

 

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1bargaining unit on or after December 2, 2008, (ii) for which a
2petition is filed with the Illinois Public Labor Relations
3Board on or after April 5, 2013 (the effective date of Public
4Act 97-1172), or (iii) for which a petition is pending before
5the Illinois Public Labor Relations Board on that date,
6"managerial employee" means an individual who is engaged in
7executive and management functions or who is charged with the
8effectuation of management policies and practices or who
9represents management interests by taking or recommending
10discretionary actions that effectively control or implement
11policy. Nothing in this definition prohibits an individual from
12also meeting the definition of "supervisor" under subsection
13(r) of this Section.
14    (j-5) "Member" means an employee who has clearly and
15affirmatively given consent to paid membership in a labor
16organization.
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

 

 

HB2636- 21 -LRB101 08089 RJF 53152 b

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

 

 

HB2636- 22 -LRB101 08089 RJF 53152 b

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

 

 

HB2636- 23 -LRB101 08089 RJF 53152 b

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.

 

 

HB2636- 24 -LRB101 08089 RJF 53152 b

1    (t) "Active petition for certification in a bargaining
2unit" means a petition for certification filed with the Board
3under one of the following case numbers: S-RC-11-110;
4S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
5S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
6S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
7S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
8S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
9S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
10S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
11S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
12S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
13S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
14S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
15S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
16S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
17S-RC-07-100.
18(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 
19    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
20    (Text of Section WITH the changes made by P.A. 98-599,
21which has been held unconstitutional)
22    Sec. 4. Management Rights. Employers shall not be required
23to bargain over matters of inherent managerial policy, which
24shall include such areas of discretion or policy as the
25functions of the employer, standards of services, its overall

 

 

HB2636- 25 -LRB101 08089 RJF 53152 b

1budget, the organizational structure and selection of new
2employees, examination techniques and direction of employees.
3Employers, however, shall be required to bargain collectively
4with regard to policy matters directly affecting wages, hours
5and terms and conditions of employment as well as the impact
6thereon upon request by employee representatives, except as
7provided in Section 7.5.
8    To preserve the rights of employers and exclusive
9representatives which have established collective bargaining
10relationships or negotiated collective bargaining agreements
11prior to the effective date of this Act, employers shall be
12required to bargain collectively with regard to any matter
13concerning wages, hours or conditions of employment about which
14they have bargained for and agreed to in a collective
15bargaining agreement prior to the effective date of this Act,
16except as provided in Section 7.5.
17    The chief judge of the judicial circuit that employs a
18public employee who is a court reporter, as defined in the
19Court Reporters Act, has the authority to hire, appoint,
20promote, evaluate, discipline, and discharge court reporters
21within that judicial circuit.
22    Nothing in this amendatory Act of the 94th General Assembly
23shall be construed to intrude upon the judicial functions of
24any court. This amendatory Act of the 94th General Assembly
25applies only to nonjudicial administrative matters relating to
26the collective bargaining rights of court reporters.

 

 

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1(Source: P.A. 98-599, eff. 6-1-14.)
 
2    (Text of Section WITHOUT the changes made by P.A. 98-599,
3which has been held unconstitutional)
4    Sec. 4. Management Rights. Employers shall not be required
5to bargain over matters of inherent managerial policy, which
6shall include such areas of discretion or policy as the
7functions of the employer, standards of services, its overall
8budget, the organizational structure and selection of new
9employees, examination techniques and direction of employees.
10Employers, however, shall be required to bargain collectively
11with regard to policy matters directly affecting wages, hours
12and terms and conditions of employment for members of an
13exclusive representative as well as the impact thereon upon
14request by employee representatives.
15    To preserve the rights of employers and exclusive
16representatives which have established collective bargaining
17relationships or negotiated collective bargaining agreements
18prior to the effective date of this Act, employers shall be
19required to bargain collectively with regard to any matter
20concerning wages, hours or conditions of employment about which
21they have bargained for and agreed to in a collective
22bargaining agreement prior to the effective date of this Act,
23except as provided in subsections (e-1) and (e-3) of Section 6.
24    The chief judge of the judicial circuit that employs a
25public employee who is a court reporter, as defined in the

 

 

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1Court Reporters Act, has the authority to hire, appoint,
2promote, evaluate, discipline, and discharge court reporters
3within that judicial circuit.
4    Nothing in this amendatory Act of the 94th General Assembly
5shall be construed to intrude upon the judicial functions of
6any court. This amendatory Act of the 94th General Assembly
7applies only to nonjudicial administrative matters relating to
8the collective bargaining rights of court reporters.
9(Source: P.A. 94-98, eff. 7-1-05.)
 
10    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
11    Sec. 6. Right to organize and bargain collectively or
12independently; exclusive representation; and refrain from
13representation fair share arrangements.
14    (a) Employees of the State and any political subdivision of
15the State, excluding employees of the General Assembly of the
16State of Illinois and employees excluded from the definition of
17"public employee" under subsection (n) of Section 3 of this
18Act, have, and are protected in the exercise of, the right of
19self-organization, and may form, join or assist any labor
20organization, to bargain collectively through representatives
21of their own choosing on questions of wages, hours and other
22conditions of employment, not excluded by Section 4 of this
23Act, and to engage in other concerted activities not otherwise
24prohibited by law for the purposes of collective bargaining or
25other mutual aid or protection, free from interference,

 

 

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1restraint or coercion. Employees also have, and are protected
2in the exercise of, the right to refrain from participating in
3any such concerted activities. Employees may be required,
4pursuant to the terms of a lawful fair share agreement, to pay
5a fee which shall be their proportionate share of the costs of
6the collective bargaining process, contract administration and
7pursuing matters affecting wages, hours and other conditions of
8employment as defined in Section 3(g).
9    (b) Nothing in this Act prevents an employee from
10presenting a grievance to the employer and having the grievance
11heard and settled without the intervention of an employee
12organization; provided that, for members of the exclusive
13bargaining representative, the exclusive bargaining
14representative is afforded the opportunity to be present at
15such conference and that any settlement made shall not be
16inconsistent with the terms of any agreement in effect between
17the employer and the exclusive bargaining representative.
18    (c) A labor organization designated by the Board as the
19representative of the majority of public employees in an
20appropriate unit in accordance with the procedures herein or
21recognized by a public employer as the representative of the
22majority of public employees in an appropriate unit is the
23exclusive representative for the members of the labor
24organization employees of such unit for the purpose of
25collective bargaining with respect to rates of pay, wages,
26hours and other conditions of employment not excluded by

 

 

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1Section 4 of this Act. A public employer is required upon
2request to furnish the exclusive bargaining representative
3with a complete list of the names and addresses of the public
4employees in the bargaining unit, provided that a public
5employer shall not be required to furnish such a list more than
6once per payroll period. The exclusive bargaining
7representative shall use the list exclusively for bargaining
8representation purposes and shall not disclose any information
9contained in the list for any other purpose. Nothing in this
10Section, however, shall prohibit a bargaining representative
11from disseminating a list of its union members.
12    (d) Labor organizations recognized by a public employer as
13the exclusive representative or so designated in accordance
14with the provisions of this Act are responsible for
15representing the interests of all labor organization member
16public employees in the unit. Nothing herein shall be construed
17to limit an exclusive representative's right to exercise its
18discretion to refuse to process grievances of employees that
19are unmeritorious.
20    (e) (Blank). When a collective bargaining agreement is
21entered into with an exclusive representative, it may include
22in the agreement a provision requiring employees covered by the
23agreement who are not members of the organization to pay their
24proportionate share of the costs of the collective bargaining
25process, contract administration and pursuing matters
26affecting wages, hours and conditions of employment, as defined

 

 

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1in Section 3 (g), but not to exceed the amount of dues
2uniformly required of members. The organization shall certify
3to the employer the amount constituting each nonmember
4employee's proportionate share which shall not exceed dues
5uniformly required of members. In such case, the proportionate
6share payment in this Section shall be deducted by the employer
7from the earnings of the nonmember employees and paid to the
8employee organization.
9    (e-1) Employees shall not be required as a condition of
10obtaining or continuing public employment to do any of the
11following:
12        (1) refrain or resign from membership in, voluntary
13    affiliation with, or voluntary financial support of a labor
14    organization or bargaining representative;
15        (2) become or remain a member of a labor organization
16    or bargaining representative;
17        (3) pay any dues, fees, assessments, or other charges
18    or expenses of any kind or amount, or provide anything of
19    value to a labor organization or bargaining
20    representative; or
21        (4) pay to any charitable organization or third party
22    any amount that is in lieu of, equivalent to, or any
23    portion of dues, fees, assessments, or other charges or
24    expenses required of members of or public employees
25    represented by a labor organization or bargaining
26    representative.

 

 

HB2636- 31 -LRB101 08089 RJF 53152 b

1    (e-3) Public employees shall have the right to
2independently bargain in their relations with the public
3employer, and the following provisions shall apply:
4        (1) No provision of any agreement between a labor
5    organization, employee organization, bargaining agent, or
6    exclusive representative and a public employer, or any
7    other public policy, shall impose representation by a labor
8    organization, employee organization, bargaining agent, or
9    exclusive representative on public employees who are not
10    members of that organization and have chosen to bargain
11    independently. Nothing in any collective bargaining
12    agreement shall limit the ability of a public employee who
13    is not a member of an exclusive representative organization
14    to negotiate with his public employer or adjust his
15    grievances directly with his public employer, nor shall a
16    resolution of any such negotiation or grievance be
17    controlled or limited by the terms of a collective
18    bargaining agreement.
19        (2) There shall be not more than one exclusive
20    bargaining representative designated by the board pursuant
21    to the provisions of Section 9 of this Act as the
22    representative of the public employees in an appropriate
23    collective bargaining unit.
24        (3) No provision of any agreement between an employee
25    organization and a public employer, or any other public
26    policy, shall impose any wages or conditions of employment

 

 

HB2636- 32 -LRB101 08089 RJF 53152 b

1    for members of an employee organization which are linked or
2    contingent upon wages or conditions of employment to public
3    employees who are not members of an employee organization.
4    (e-5) An agreement, contract, understanding, or practice
5between or involving a public employer, labor organization, or
6exclusive representative that violates subsections (e-1) or
7(e-3) is unlawful and unenforceable. This subsection (e-5)
8applies only to an agreement, contract, understanding, or
9practice that takes effect, modified, or is extended or renewed
10after the effective date of this amendatory Act of the 101st
11General Assembly, and the following provisions shall apply:
12        (1) The court of appeals has exclusive original
13    jurisdiction over any action challenging the validity of
14    subsections (e-1) and (e-3). The court of appeals shall
15    hear the action in an expedited manner.
16        (2) A person, public employer, or labor organization
17    that violates subsection (e-1) or (e-3) is liable for a
18    civil fine of not more than $500.00. A civil fine recovered
19    under this Section shall be submitted to the State
20    Treasurer for deposit in the General Revenue Fund.
21        (3) Except for actions required to be brought under
22    paragraph (1) of this subsection (e-5), a person who
23    suffers an injury as a result of a violation or threatened
24    violation of subsection (e-1) or (e-3) may bring a civil
25    action for damages, injunctive relief, or both. In
26    addition, a court shall award court costs and reasonable

 

 

HB2636- 33 -LRB101 08089 RJF 53152 b

1    attorney fees to a plaintiff who prevails in an action
2    brought under this subsection (e-5). Remedies provided in
3    this subsection (e-5) are independent of and in addition to
4    other penalties and remedies prescribed by this Act.
5    (f) Only the exclusive representative may negotiate
6provisions in a collective bargaining agreement providing for
7the payroll deduction of labor organization dues, fair share
8payment, initiation fees and assessments. Any Except as
9provided in subsection (e) of this Section, any such deductions
10shall only be made upon an employee's written authorization,
11and continued until revoked in writing in the same manner or
12until the termination date of an applicable collective
13bargaining agreement. Such payments shall be paid to the
14exclusive representative.
15    Where a collective bargaining agreement is terminated, or
16continues in effect beyond its scheduled expiration date
17pending the negotiation of a successor agreement or the
18resolution of an impasse under Section 14, the employer shall
19continue to honor and abide by any dues deduction or fair share
20clause contained therein until a new agreement is reached
21including a dues deduction or a fair share clause. For the
22benefit of any successor exclusive representative certified
23under this Act, this provision shall be applicable, provided
24the successor exclusive representative: (i) certifies to the
25employer the amount constituting each non-member's
26proportionate share under subsection (e); or (ii) presents the

 

 

HB2636- 34 -LRB101 08089 RJF 53152 b

1employer with employee written authorizations for the
2deduction of dues, assessments, and fees under this subsection.
3    Failure to so honor and abide by dues deduction or fair
4share clauses for the benefit of any exclusive representative,
5including a successor, shall be a violation of the duty to
6bargain and an unfair labor practice.
7    (g) (Blank). Agreements containing a fair share agreement
8must safeguard the right of nonassociation of employees based
9upon bona fide religious tenets or teachings of a church or
10religious body of which such employees are members. Such
11employees may be required to pay an amount equal to their fair
12share, determined under a lawful fair share agreement, to a
13nonreligious charitable organization mutually agreed upon by
14the employees affected and the exclusive bargaining
15representative to which such employees would otherwise pay such
16service fee. If the affected employees and the bargaining
17representative are unable to reach an agreement on the matter,
18the Board may establish an approved list of charitable
19organizations to which such payments may be made.
20(Source: P.A. 97-1172, eff. 4-5-13.)
 
21    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
22    Sec. 7. Duty to bargain. A public employer and the
23exclusive representative have the authority and the duty to
24bargain collectively for members of a labor organization set
25forth in this Section.

 

 

HB2636- 35 -LRB101 08089 RJF 53152 b

1    For the purposes of this Act, "to bargain collectively"
2means the performance of the mutual obligation of the public
3employer or his designated representative and the
4representative of the public employees, who are members of an
5exclusive representative, to meet at reasonable times,
6including meetings in advance of the budget-making process, and
7to negotiate in good faith with respect to wages, hours, and
8other conditions of employment, not excluded by Section 4 of
9this Act, or the negotiation of an agreement, or any question
10arising thereunder and the execution of a written contract
11incorporating any agreement reached if requested by either
12party, but such obligation does not compel either party to
13agree to a proposal or require the making of a concession.
14    The duty "to bargain collectively" shall also include an
15obligation to negotiate over any matter with respect to wages,
16hours and other conditions of employment, not specifically
17provided for in any other law or not specifically in violation
18of the provisions of any law. If any other law pertains, in
19part, to a matter affecting the wages, hours and other
20conditions of employment, such other law shall not be construed
21as limiting the duty "to bargain collectively" and to enter
22into collective bargaining agreements containing clauses which
23either supplement, implement, or relate to the effect of such
24provisions in other laws.
25    The duty "to bargain collectively" shall also include
26negotiations as to the terms of a collective bargaining

 

 

HB2636- 36 -LRB101 08089 RJF 53152 b

1agreement. The parties may, by mutual agreement, provide for
2arbitration of impasses resulting from their inability to agree
3upon wages, hours and terms and conditions of employment to be
4included in a collective bargaining agreement. Such
5arbitration provisions shall be subject to the Illinois
6"Uniform Arbitration Act" unless agreed by the parties.
7    The duty "to bargain collectively" shall also mean that no
8party to a collective bargaining contract shall terminate or
9modify such contract, unless the party desiring such
10termination or modification:
11        (1) serves a written notice upon the other party to the
12    contract of the proposed termination or modification 60
13    days prior to the expiration date thereof, or in the event
14    such contract contains no expiration date, 60 days prior to
15    the time it is proposed to make such termination or
16    modification;
17        (2) offers to meet and confer with the other party for
18    the purpose of negotiating a new contract or a contract
19    containing the proposed modifications;
20        (3) notifies the Board within 30 days after such notice
21    of the existence of a dispute, provided no agreement has
22    been reached by that time; and
23        (4) continues in full force and effect, without
24    resorting to strike or lockout, all the terms and
25    conditions of the existing contract for a period of 60 days
26    after such notice is given to the other party or until the

 

 

HB2636- 37 -LRB101 08089 RJF 53152 b

1    expiration date of such contract, whichever occurs later.
2    The duties imposed upon employers, employees and labor
3organizations by paragraphs (2), (3) and (4) shall become
4inapplicable upon an intervening certification of the Board,
5under which the labor organization, which is a party to the
6contract, has been superseded as or ceased to be the exclusive
7representative of the member employees pursuant to the
8provisions of subsection (a) of Section 9, and the duties so
9imposed shall not be construed as requiring either party to
10discuss or agree to any modification of the terms and
11conditions contained in a contract for a fixed period, if such
12modification is to become effective before such terms and
13conditions can be reopened under the provisions of the
14contract.
15    Collective bargaining for home care and home health workers
16who function as personal assistants and individual maintenance
17home health workers under the Home Services Program shall be
18limited to the terms and conditions of employment under the
19State's control, as defined in Public Act 93-204 or this
20amendatory Act of the 97th General Assembly, as applicable.
21    Collective bargaining for child and day care home providers
22under the child care assistance program shall be limited to the
23terms and conditions of employment under the State's control,
24as defined in this amendatory Act of the 94th General Assembly.
25    Notwithstanding any other provision of this Section,
26whenever collective bargaining is for the purpose of

 

 

HB2636- 38 -LRB101 08089 RJF 53152 b

1establishing an initial agreement following original
2certification of units with fewer than 35 employees, with
3respect to public employees other than peace officers, fire
4fighters, and security employees, the following apply:
5        (1) Not later than 10 days after receiving a written
6    request for collective bargaining from a labor
7    organization that has been newly certified as a
8    representative as defined in Section 6(c), or within such
9    further period as the parties agree upon, the parties shall
10    meet and commence to bargain collectively and shall make
11    every reasonable effort to conclude and sign a collective
12    bargaining agreement.
13        (2) If anytime after the expiration of the 90-day
14    period beginning on the date on which bargaining is
15    commenced the parties have failed to reach an agreement,
16    either party may notify the Illinois Public Labor Relations
17    Board of the existence of a dispute and request mediation
18    in accordance with the provisions of Section 14 of this
19    Act.
20        (3) If after the expiration of the 30-day period
21    beginning on the date on which mediation commenced, or such
22    additional period as the parties may agree upon, the
23    mediator is not able to bring the parties to agreement by
24    conciliation, either the exclusive representative of the
25    member employees or the employer may request of the other,
26    in writing, arbitration and shall submit a copy of the

 

 

HB2636- 39 -LRB101 08089 RJF 53152 b

1    request to the board. Upon submission of the request for
2    arbitration, the parties shall be required to participate
3    in the impasse arbitration procedures set forth in Section
4    14 of this Act, except the right to strike shall not be
5    considered waived pursuant to Section 17 of this Act, until
6    the actual convening of the arbitration hearing.
7(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
 
8    (5 ILCS 315/8)  (from Ch. 48, par. 1608)
9    Sec. 8. Grievance Procedure. The collective bargaining
10agreement negotiated between the employer and the exclusive
11representative shall contain a grievance resolution procedure
12which shall apply to all employees in the bargaining unit and
13shall provide for final and binding arbitration of disputes
14concerning the administration or interpretation of the
15agreement unless mutually agreed otherwise, provided that
16public employees who are not members of a labor organization
17may represent themselves in accord with established grievance
18resolution procedures. Any agreement containing a final and
19binding arbitration provision shall also contain a provision
20prohibiting strikes for the duration of the agreement. The
21grievance and arbitration provisions of any collective
22bargaining agreement shall be subject to the Illinois "Uniform
23Arbitration Act". The costs of such arbitration shall be borne
24equally by the employer and the employee organization.
25(Source: P.A. 83-1012.)
 

 

 

HB2636- 40 -LRB101 08089 RJF 53152 b

1    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
2    Sec. 9. Elections; recognition.
3    (a) Whenever in accordance with such regulations as may be
4prescribed by the Board a petition has been filed:
5        (1) by a public employee or group of public employees
6    or any labor organization acting in their behalf
7    demonstrating that 30% of the public employees in an
8    appropriate unit (A) wish to be represented for the
9    purposes of collective bargaining by a labor organization
10    as exclusive representative, or (B) asserting that the
11    labor organization which has been certified or is currently
12    recognized by the public employer as bargaining
13    representative is no longer the representative of the
14    majority of public employees in the unit; or
15        (2) by a public employer alleging that one or more
16    labor organizations have presented to it a claim that they
17    be recognized as the representative of a majority of the
18    public employees in an appropriate unit,
19the Board shall investigate such petition, and if it has
20reasonable cause to believe that a question of representation
21exists, shall provide for an appropriate hearing upon due
22notice. Such hearing shall be held at the offices of the Board
23or such other location as the Board deems appropriate. If it
24finds upon the record of the hearing that a question of
25representation exists, it shall direct an election in

 

 

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

 

 

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1the county in which the majority of the public employees sought
2to be represented by such person reside, such order extending
3the date upon which the election shall be held. Such order
4shall be issued by the circuit court only upon a judicial
5finding that there has been a sufficient showing that there is
6good cause to extend the election date beyond such period and
7shall require the Board to hold the election as soon as is
8feasible given the totality of the circumstances. Such 120 day
9period may be extended one or more times by the agreement of
10all parties to the hearing to a date certain without the
11necessity of obtaining a court order. Nothing in this Section
12prohibits the waiving of hearings by stipulation for the
13purpose of a consent election in conformity with the rules and
14regulations of the Board or an election in a unit agreed upon
15by the parties. Other interested employee organizations may
16intervene in the proceedings in the manner and within the time
17period specified by rules and regulations of the Board.
18Interested parties who are necessary to the proceedings may
19also intervene in the proceedings in the manner and within the
20time period specified by the rules and regulations of the
21Board.
22    (a-5) The Board shall designate an exclusive
23representative for purposes of collective bargaining for
24members of a labor organization when the representative
25demonstrates a showing of majority interest by employees in the
26unit. If the parties to a dispute are without agreement on the

 

 

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

 

 

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1employer's fraud, coercion, or unfair labor practice, it shall
2designate the labor organization as an exclusive
3representative without conducting an election. If a hearing is
4necessary to resolve any issues of representation under this
5Section, the Board shall conclude its hearing process and issue
6a certification of the entire appropriate unit not later than
7120 days after the date the petition was filed. The 120-day
8period may be extended one or more times by the agreement of
9all parties to a hearing to a date certain.
10    (a-6) A labor organization or an employer may file a unit
11clarification petition seeking to clarify an existing
12bargaining unit. The Board shall conclude its investigation,
13including any hearing process deemed necessary, and issue a
14certification of clarified unit or dismiss the petition not
15later than 120 days after the date the petition was filed. The
16120-day period may be extended one or more times by the
17agreement of all parties to a hearing to a date certain.
18    (b) The Board shall decide in each case, in order to assure
19public employees the fullest freedom in exercising the rights
20guaranteed by this Act, a unit appropriate for the purpose of
21collective bargaining, based upon but not limited to such
22factors as: historical pattern of recognition; community of
23interest including employee skills and functions; degree of
24functional integration; interchangeability and contact among
25employees; fragmentation of employee groups; common
26supervision, wages, hours and other working conditions of the

 

 

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1employees involved; and the desires of the employees. For
2purposes of this subsection, fragmentation shall not be the
3sole or predominant factor used by the Board in determining an
4appropriate bargaining unit. Except with respect to non-State
5fire fighters and paramedics employed by fire departments and
6fire protection districts, non-State peace officers and peace
7officers in the State Department of State Police, a single
8bargaining unit determined by the Board may not include both
9supervisors and nonsupervisors, except for bargaining units in
10existence on the effective date of this Act. With respect to
11non-State fire fighters and paramedics employed by fire
12departments and fire protection districts, non-State peace
13officers and peace officers in the State Department of State
14Police, a single bargaining unit determined by the Board may
15not include both supervisors and nonsupervisors, except for
16bargaining units in existence on the effective date of this
17amendatory Act of 1985.
18    In cases involving an historical pattern of recognition,
19and in cases where the employer has recognized the union as the
20sole and exclusive bargaining agent for a specified existing
21unit, the Board shall find the employees in the unit then
22represented by the union pursuant to the recognition to be the
23appropriate unit.
24    Notwithstanding the above factors, where the majority of
25public employees of a craft so decide, the Board shall
26designate such craft as a unit appropriate for the purposes of

 

 

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1collective bargaining.
2    The Board shall not decide that any unit is appropriate if
3such unit includes both professional and nonprofessional
4employees, unless a majority of each group votes for inclusion
5in such unit.
6    (c) Except as provided in subsections (e-1) and (e-3) of
7Section 6, nothing Nothing in this Act shall interfere with or
8negate the current representation rights or patterns and
9practices of labor organizations which have historically
10represented public employees for the purpose of collective
11bargaining, including but not limited to the negotiations of
12wages, hours and working conditions, discussions of employees'
13grievances, resolution of jurisdictional disputes, or the
14establishment and maintenance of prevailing wage rates, unless
15a majority of employees so represented express a contrary
16desire pursuant to the procedures set forth in this Act.
17    (d) In instances where the employer does not voluntarily
18recognize a labor organization as the exclusive bargaining
19representative for a unit of employees, the Board shall
20determine the majority representative of the public employees
21in an appropriate collective bargaining unit by conducting a
22secret ballot election, except as otherwise provided in
23subsection (a-5). Within 7 days after the Board issues its
24bargaining unit determination and direction of election or the
25execution of a stipulation for the purpose of a consent
26election, the public employer shall submit to the labor

 

 

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1organization the complete names and addresses of those
2employees who are determined by the Board to be eligible to
3participate in the election. When the Board has determined that
4a labor organization has been fairly and freely chosen by a
5majority of employees in an appropriate unit, it shall certify
6such organization as the exclusive representative for members
7of the labor organization. If the Board determines that a
8majority of employees in an appropriate unit has fairly and
9freely chosen not to be represented by a labor organization, it
10shall so certify. The Board may also revoke the certification
11of the public employee organizations as exclusive bargaining
12representatives which have been found by a secret ballot
13election to be no longer the majority representative.
14    (e) The Board shall not conduct an election in any
15bargaining unit or any subdivision thereof within which a valid
16election has been held in the preceding 12-month period. The
17Board shall determine who is eligible to vote in an election
18and shall establish rules governing the conduct of the election
19or conduct affecting the results of the election. The Board
20shall include on a ballot in a representation election a choice
21of "no representation". A labor organization currently
22representing the bargaining unit of employees shall be placed
23on the ballot in any representation election. In any election
24where none of the choices on the ballot receives a majority, a
25runoff election shall be conducted between the 2 choices
26receiving the largest number of valid votes cast in the

 

 

HB2636- 48 -LRB101 08089 RJF 53152 b

1election. A labor organization which receives a majority of the
2votes cast in an election shall be certified by the Board as
3exclusive representative of members of the labor organization
4all public employees in the unit.
5    (f) A labor organization shall be designated as the
6exclusive representative for members of the labor organization
7by a public employer, provided that the labor organization
8represents a majority of the public employees in an appropriate
9unit. Any employee organization which is designated or selected
10by the majority of public employees, in a unit of the public
11employer having no other recognized or certified
12representative, as their representative for purposes of
13collective bargaining may request recognition by the public
14employer in writing. The public employer shall post such
15request for a period of at least 20 days following its receipt
16thereof on bulletin boards or other places used or reserved for
17employee notices.
18    (g) Within the 20-day period any other interested employee
19organization may petition the Board in the manner specified by
20rules and regulations of the Board, provided that such
21interested employee organization has been designated by at
22least 10% of the employees in an appropriate bargaining unit
23which includes all or some of the employees in the unit
24recognized by the employer. In such event, the Board shall
25proceed with the petition in the same manner as provided by
26paragraph (1) of subsection (a) of this Section.

 

 

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1    (h) No election shall be directed by the Board in any
2bargaining unit where there is in force a valid collective
3bargaining agreement. The Board, however, may process an
4election petition filed between 90 and 60 days prior to the
5expiration of the date of an agreement, and may further refine,
6by rule or decision, the implementation of this provision.
7Where more than 4 years have elapsed since the effective date
8of the agreement, the agreement shall continue to bar an
9election, except that the Board may process an election
10petition filed between 90 and 60 days prior to the end of the
11fifth year of such an agreement, and between 90 and 60 days
12prior to the end of each successive year of such agreement.
13    (i) An order of the Board dismissing a representation
14petition, determining and certifying that a labor organization
15has been fairly and freely chosen by a majority of employees in
16an appropriate bargaining unit, determining and certifying
17that a labor organization has not been fairly and freely chosen
18by a majority of employees in the bargaining unit or certifying
19a labor organization as the exclusive representative of member
20employees in an appropriate bargaining unit because of a
21determination by the Board that the labor organization is the
22historical bargaining representative of employees in the
23bargaining unit, is a final order. Any person aggrieved by any
24such order issued on or after the effective date of this
25amendatory Act of 1987 may apply for and obtain judicial review
26in accordance with provisions of the Administrative Review Law,

 

 

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1as now or hereafter amended, except that such review shall be
2afforded directly in the Appellate Court for the district in
3which the aggrieved party resides or transacts business. Any
4direct appeal to the Appellate Court shall be filed within 35
5days from the date that a copy of the decision sought to be
6reviewed was served upon the party affected by the decision.
7(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
8    (5 ILCS 315/10)  (from Ch. 48, par. 1610)
9    Sec. 10. Unfair labor practices.
10    (a) It shall be an unfair labor practice for an employer or
11its agents:
12        (1) to interfere with, restrain or coerce public
13    employees in the exercise of the rights guaranteed in this
14    Act or to dominate or interfere with the formation,
15    existence or administration of any labor organization or
16    contribute financial or other support to it; provided, an
17    employer shall not be prohibited from permitting employees
18    to confer with him during working hours without loss of
19    time or pay;
20        (2) to discriminate in regard to hire or tenure of
21    employment or any term or condition of employment in order
22    to encourage or discourage membership in or other support
23    for any labor organization. Nothing in this Act or any
24    other law precludes a public employer from making an
25    agreement with a labor organization to require as a

 

 

HB2636- 51 -LRB101 08089 RJF 53152 b

1    condition of employment the payment of a fair share under
2    paragraph (e) of Section 6;
3        (3) to discharge or otherwise discriminate against a
4    public employee because he has signed or filed an
5    affidavit, petition or charge or provided any information
6    or testimony under this Act;
7        (4) to refuse to bargain collectively in good faith
8    with a labor organization which is the exclusive
9    representative of members of the labor organization public
10    employees in an appropriate unit, including, but not
11    limited to, the discussing of grievances with the exclusive
12    representative;
13        (4.5) to refuse to bargain independently with public
14    employees who are not members of an exclusive
15    representative;
16        (5) to violate any of the rules and regulations
17    established by the Board with jurisdiction over them
18    relating to the conduct of representation elections or the
19    conduct affecting the representation elections;
20        (6) to expend or cause the expenditure of public funds
21    to any external agent, individual, firm, agency,
22    partnership or association in any attempt to influence the
23    outcome of representational elections held pursuant to
24    Section 9 of this Act; provided, that nothing in this
25    subsection shall be construed to limit an employer's right
26    to internally communicate with its employees as provided in

 

 

HB2636- 52 -LRB101 08089 RJF 53152 b

1    subsection (c) of this Section, to be represented on any
2    matter pertaining to unit determinations, unfair labor
3    practice charges or pre-election conferences in any formal
4    or informal proceeding before the Board, or to seek or
5    obtain advice from legal counsel. Nothing in this paragraph
6    shall be construed to prohibit an employer from expending
7    or causing the expenditure of public funds on, or seeking
8    or obtaining services or advice from, any organization,
9    group, or association established by and including public
10    or educational employers, whether covered by this Act, the
11    Illinois Educational Labor Relations Act or the public
12    employment labor relations law of any other state or the
13    federal government, provided that such services or advice
14    are generally available to the membership of the
15    organization, group or association, and are not offered
16    solely in an attempt to influence the outcome of a
17    particular representational election; or
18        (7) to refuse to reduce a collective bargaining
19    agreement to writing or to refuse to sign such agreement.
20    (b) It shall be an unfair labor practice for a labor
21organization or its agents:
22        (1) to restrain or coerce public employees in the
23    exercise of the rights guaranteed in this Act, provided,
24    (i) that this paragraph shall not impair the right of a
25    labor organization to prescribe its own rules with respect
26    to the acquisition or retention of membership therein or

 

 

HB2636- 53 -LRB101 08089 RJF 53152 b

1    the determination of fair share payments and (ii) that a
2    labor organization or its agents shall commit an unfair
3    labor practice under this paragraph in duty of fair
4    representation cases only by intentional misconduct in
5    representing the organization's members employees under
6    this Act;
7        (2) to restrain or coerce a public employer in the
8    selection of his representatives for the purposes of
9    collective bargaining or the settlement of grievances; or
10        (3) to cause, or attempt to cause, an employer to
11    discriminate against an employee in violation of
12    subsection (a)(2);
13        (4) to refuse to bargain collectively in good faith
14    with a public employer, if it has been designated in
15    accordance with the provisions of this Act as the exclusive
16    representative of a labor organization's members public
17    employees in an appropriate unit;
18        (4.5) to represent or bargain on behalf of public
19    employees who are not members of the labor organization or
20    its agents and have chosen to bargain independently;
21        (5) to violate any of the rules and regulations
22    established by the boards with jurisdiction over them
23    relating to the conduct of representation elections or the
24    conduct affecting the representation elections;
25        (6) to discriminate against any employee because he has
26    signed or filed an affidavit, petition or charge or

 

 

HB2636- 54 -LRB101 08089 RJF 53152 b

1    provided any information or testimony under this Act;
2        (7) to picket or cause to be picketed, or threaten to
3    picket or cause to be picketed, any public employer where
4    an object thereof is forcing or requiring an employer to
5    recognize or bargain with a labor organization of the
6    representative of its employees, or forcing or requiring
7    the employees of an employer to accept or select such labor
8    organization as their collective bargaining
9    representative, unless such labor organization is
10    currently certified as the representative of such
11    employees:
12            (A) where the employer has lawfully recognized in
13        accordance with this Act any labor organization and a
14        question concerning representation may not
15        appropriately be raised under Section 9 of this Act;
16            (B) where within the preceding 12 months a valid
17        election under Section 9 of this Act has been
18        conducted; or
19            (C) where such picketing has been conducted
20        without a petition under Section 9 being filed within a
21        reasonable period of time not to exceed 30 days from
22        the commencement of such picketing; provided that when
23        such a petition has been filed the Board shall
24        forthwith, without regard to the provisions of
25        subsection (a) of Section 9 or the absence of a showing
26        of a substantial interest on the part of the labor

 

 

HB2636- 55 -LRB101 08089 RJF 53152 b

1        organization, direct an election in such unit as the
2        Board finds to be appropriate and shall certify the
3        results thereof; provided further, that nothing in
4        this subparagraph shall be construed to prohibit any
5        picketing or other publicity for the purpose of
6        truthfully advising the public that an employer does
7        not employ members of, or have a contract with, a labor
8        organization unless an effect of such picketing is to
9        induce any individual employed by any other person in
10        the course of his employment, not to pick up, deliver,
11        or transport any goods or not to perform any services;
12        or
13        (8) to refuse to reduce a collective bargaining
14    agreement to writing or to refuse to sign such agreement.
15    (c) The expressing of any views, argument, or opinion or
16the dissemination thereof, whether in written, printed,
17graphic, or visual form, shall not constitute or be evidence of
18an unfair labor practice under any of the provisions of this
19Act, if such expression contains no threat of reprisal or force
20or promise of benefit.
21(Source: P.A. 86-412; 87-736.)
 
22    (5 ILCS 315/12)  (from Ch. 48, par. 1612)
23    Sec. 12. Mediation.
24    (a) The State and Local Panels in joint session shall
25establish a Public Employees Mediation Roster, the services of

 

 

HB2636- 56 -LRB101 08089 RJF 53152 b

1which shall be available to public employers and to labor
2organizations, or public employees who have chosen to bargain
3independently, upon request of the parties for the purposes of
4mediation of grievances or contract disputes. Upon the request
5of either party, services of the Public Employees Mediation
6Roster shall be available for purposes of arbitrating disputes
7over interpretation or application of the terms of an agreement
8pursuant to Section 8. The members of the Roster shall be
9appointed by majority vote of the members of both panels.
10Members shall be impartial, competent, and reputable citizens
11of the United States, residents of the State of Illinois, and
12shall qualify by taking and subscribing to the constitutional
13oath or affirmation of office. The function of the mediator
14shall be to communicate with the employer and exclusive
15representative or their representatives, or the public
16employee who has chosen to bargain independently, and to
17endeavor to bring about an amicable and voluntary settlement.
18Compensation of Roster members for services performed as
19mediators shall be paid equally by the parties to a mediated
20labor dispute. The Board shall have authority but not the
21obligation to promulgate regulations setting compensation
22levels for members of the Roster, and establishing procedures
23for suspension or dismissal of mediators for good cause shown
24following hearing.
25    (b) A mediator in a mediated labor dispute shall be
26selected by the Board from among the members of the Roster.

 

 

HB2636- 57 -LRB101 08089 RJF 53152 b

1    (c) Nothing in this Act or any other law prohibits the use
2of other mediators selected by the parties for the resolution
3of disputes over interpretation or application of the terms or
4conditions of the collective bargaining agreements between a
5public employer and a labor organization.
6    (d) If requested by the parties to a labor dispute, a
7mediator may perform fact-finding as set forth in Section 13.
8(Source: P.A. 98-535, eff. 1-1-14.)
 
9    (5 ILCS 315/13)  (from Ch. 48, par. 1613)
10    Sec. 13. Fact-finding.
11    (a) If, after a reasonable period of negotiation over the
12terms of the agreement, or upon expiration of an existing
13collective bargaining agreement and the parties have not been
14able to mutually resolve the dispute, the parties may, by
15mutual consent initiate a fact-finding.
16    (b) Within three days of such request the Board must submit
17to the parties a panel of 7 qualified, disinterested persons
18from the Illinois Public Employees Mediation Roster to serve as
19a fact-finder. The parties to the dispute shall designate one
20of the 7 persons to serve as fact-finder. The fact-finder must
21act independently of the Board and may be the same person who
22participated in the mediation of the labor dispute if both
23parties consent. The person selected or appointed as
24fact-finder shall immediately establish the dates and place of
25hearings. Upon request, the Board shall issue subpoenas for

 

 

HB2636- 58 -LRB101 08089 RJF 53152 b

1hearings conducted by the fact-finder. The fact-finder may
2administer oaths. The fact-finder shall initially determine
3what issues are in dispute and therefore properly before the
4fact-finder. Upon completion of the hearings, but no later than
545 days from the date of appointment, the fact-finder must make
6written findings of facts and recommendations for resolution of
7the dispute, must serve findings on the public employer and the
8labor organization involved, and must publicize such findings
9by mailing them to all newspapers of general circulation in the
10community. The fact-finder's findings shall be advisory only
11and shall not be binding upon the parties. If the parties do
12not accept the recommendations of the fact-finder as the basis
13for settlement, or if the fact-finder does not make written
14findings of facts and recommendations for the resolution of the
15dispute and serve and publicize such findings within 45 days of
16the date of appointment, the parties may resume negotiations.
17    (c) The public employer and the labor organization which is
18certified as exclusive representative or which is recognized as
19exclusive representative in any particular bargaining unit by
20the state or political subdivision, or public employees who
21have chosen to bargain independently, are the only proper
22parties to the fact-finding proceedings.
23(Source: P.A. 84-1335.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.

 

 

HB2636- 59 -LRB101 08089 RJF 53152 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 315/3from Ch. 48, par. 1603
4    5 ILCS 315/4from Ch. 48, par. 1604
5    5 ILCS 315/6from Ch. 48, par. 1606
6    5 ILCS 315/7from Ch. 48, par. 1607
7    5 ILCS 315/8from Ch. 48, par. 1608
8    5 ILCS 315/9from Ch. 48, par. 1609
9    5 ILCS 315/10from Ch. 48, par. 1610
10    5 ILCS 315/12from Ch. 48, par. 1612
11    5 ILCS 315/13from Ch. 48, par. 1613