Rep. William Cunningham

Filed: 3/14/2011

 

 


 

 


 
09700HB1459ham001LRB097 08639 JDS 52942 a

1
AMENDMENT TO HOUSE BILL 1459

2    AMENDMENT NO. ______. Amend House Bill 1459 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 4 and 14 as follows:
 
6    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
7    Sec. 4. Management Rights. Employers shall not be required
8to bargain over matters of inherent managerial policy, which
9shall include such areas of discretion or policy as the
10functions of the employer, standards of services, its overall
11budget, the organizational structure and selection of new
12employees, examination techniques and direction of employees.
13Employers, however, shall be required to bargain collectively
14with regard to policy matters directly affecting wages, hours
15and terms and conditions of employment, including, in
16municipalities with a population of 1,000,000 or more, manning

 

 

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1levels for peace officers, as well as the impact thereon upon
2request by employee representatives.
3    To preserve the rights of employers and exclusive
4representatives which have established collective bargaining
5relationships or negotiated collective bargaining agreements
6prior to the effective date of this Act, employers shall be
7required to bargain collectively with regard to any matter
8concerning wages, hours or conditions of employment about which
9they have bargained for and agreed to in a collective
10bargaining agreement prior to the effective date of this Act.
11    The chief judge of the judicial circuit that employs a
12public employee who is a court reporter, as defined in the
13Court Reporters Act, has the authority to hire, appoint,
14promote, evaluate, discipline, and discharge court reporters
15within that judicial circuit.
16    Nothing in this amendatory Act of the 94th General Assembly
17shall be construed to intrude upon the judicial functions of
18any court. This amendatory Act of the 94th General Assembly
19applies only to nonjudicial administrative matters relating to
20the collective bargaining rights of court reporters.
21(Source: P.A. 94-98, eff. 7-1-05.)
 
22    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
23    Sec. 14. Security Employee, Peace Officer and Fire Fighter
24Disputes.
25    (a) In the case of collective bargaining agreements

 

 

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1involving units of security employees of a public employer,
2Peace Officer Units, or units of fire fighters or paramedics,
3and in the case of disputes under Section 18, unless the
4parties mutually agree to some other time limit, mediation
5shall commence 30 days prior to the expiration date of such
6agreement or at such later time as the mediation services
7chosen under subsection (b) of Section 12 can be provided to
8the parties. In the case of negotiations for an initial
9collective bargaining agreement, mediation shall commence upon
1015 days notice from either party or at such later time as the
11mediation services chosen pursuant to subsection (b) of Section
1212 can be provided to the parties. In mediation under this
13Section, if either party requests the use of mediation services
14from the Federal Mediation and Conciliation Service, the other
15party shall either join in such request or bear the additional
16cost of mediation services from another source. The mediator
17shall have a duty to keep the Board informed on the progress of
18the mediation. If any dispute has not been resolved within 15
19days after the first meeting of the parties and the mediator,
20or within such other time limit as may be mutually agreed upon
21by the parties, either the exclusive representative or employer
22may request of the other, in writing, arbitration, and shall
23submit a copy of the request to the Board.
24    (b) Within 10 days after such a request for arbitration has
25been made, the employer shall choose a delegate and the
26employees' exclusive representative shall choose a delegate to

 

 

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1a panel of arbitration as provided in this Section. The
2employer and employees shall forthwith advise the other and the
3Board of their selections.
4    (c) Within 7 days after the request of either party, the
5parties shall request a panel of impartial arbitrators from
6which they shall select the neutral chairman according to the
7procedures provided in this Section. If the parties have agreed
8to a contract that contains a grievance resolution procedure as
9provided in Section 8, the chairman shall be selected using
10their agreed contract procedure unless they mutually agree to
11another procedure. If the parties fail to notify the Board of
12their selection of neutral chairman within 7 days after receipt
13of the list of impartial arbitrators, the Board shall appoint,
14at random, a neutral chairman from the list. In the absence of
15an agreed contract procedure for selecting an impartial
16arbitrator, either party may request a panel from the Board.
17Within 7 days of the request of either party, the Board shall
18select from the Public Employees Labor Mediation Roster 7
19persons who are on the labor arbitration panels of either the
20American Arbitration Association or the Federal Mediation and
21Conciliation Service, or who are members of the National
22Academy of Arbitrators, as nominees for impartial arbitrator of
23the arbitration panel. The parties may select an individual on
24the list provided by the Board or any other individual mutually
25agreed upon by the parties. Within 7 days following the receipt
26of the list, the parties shall notify the Board of the person

 

 

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1they have selected. Unless the parties agree on an alternate
2selection procedure, they shall alternatively strike one name
3from the list provided by the Board until only one name
4remains. A coin toss shall determine which party shall strike
5the first name. If the parties fail to notify the Board in a
6timely manner of their selection for neutral chairman, the
7Board shall appoint a neutral chairman from the Illinois Public
8Employees Mediation/Arbitration Roster.
9    (d) The chairman shall call a hearing to begin within 15
10days and give reasonable notice of the time and place of the
11hearing. The hearing shall be held at the offices of the Board
12or at such other location as the Board deems appropriate. The
13chairman shall preside over the hearing and shall take
14testimony. Any oral or documentary evidence and other data
15deemed relevant by the arbitration panel may be received in
16evidence. The proceedings shall be informal. Technical rules of
17evidence shall not apply and the competency of the evidence
18shall not thereby be deemed impaired. A verbatim record of the
19proceedings shall be made and the arbitrator shall arrange for
20the necessary recording service. Transcripts may be ordered at
21the expense of the party ordering them, but the transcripts
22shall not be necessary for a decision by the arbitration panel.
23The expense of the proceedings, including a fee for the
24chairman, established in advance by the Board, shall be borne
25equally by each of the parties to the dispute. The delegates,
26if public officers or employees, shall continue on the payroll

 

 

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1of the public employer without loss of pay. The hearing
2conducted by the arbitration panel may be adjourned from time
3to time, but unless otherwise agreed by the parties, shall be
4concluded within 30 days of the time of its commencement.
5Majority actions and rulings shall constitute the actions and
6rulings of the arbitration panel. Arbitration proceedings
7under this Section shall not be interrupted or terminated by
8reason of any unfair labor practice charge filed by either
9party at any time.
10    (e) The arbitration panel may administer oaths, require the
11attendance of witnesses, and the production of such books,
12papers, contracts, agreements and documents as may be deemed by
13it material to a just determination of the issues in dispute,
14and for such purpose may issue subpoenas. If any person refuses
15to obey a subpoena, or refuses to be sworn or to testify, or if
16any witness, party or attorney is guilty of any contempt while
17in attendance at any hearing, the arbitration panel may, or the
18attorney general if requested shall, invoke the aid of any
19circuit court within the jurisdiction in which the hearing is
20being held, which court shall issue an appropriate order. Any
21failure to obey the order may be punished by the court as
22contempt.
23    (f) At any time before the rendering of an award, the
24chairman of the arbitration panel, if he is of the opinion that
25it would be useful or beneficial to do so, may remand the
26dispute to the parties for further collective bargaining for a

 

 

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1period not to exceed 2 weeks. If the dispute is remanded for
2further collective bargaining the time provisions of this Act
3shall be extended for a time period equal to that of the
4remand. The chairman of the panel of arbitration shall notify
5the Board of the remand.
6    (g) At or before the conclusion of the hearing held
7pursuant to subsection (d), the arbitration panel shall
8identify the economic issues in dispute, and direct each of the
9parties to submit, within such time limit as the panel shall
10prescribe, to the arbitration panel and to each other its last
11offer of settlement on each economic issue. The determination
12of the arbitration panel as to the issues in dispute and as to
13which of these issues are economic shall be conclusive. The
14arbitration panel, within 30 days after the conclusion of the
15hearing, or such further additional periods to which the
16parties may agree, shall make written findings of fact and
17promulgate a written opinion and shall mail or otherwise
18deliver a true copy thereof to the parties and their
19representatives and to the Board. As to each economic issue,
20the arbitration panel shall adopt the last offer of settlement
21which, in the opinion of the arbitration panel, more nearly
22complies with the applicable factors prescribed in subsection
23(h). The findings, opinions and order as to all other issues
24shall be based upon the applicable factors prescribed in
25subsection (h).
26    (h) Where there is no agreement between the parties, or

 

 

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1where there is an agreement but the parties have begun
2negotiations or discussions looking to a new agreement or
3amendment of the existing agreement, and wage rates or other
4conditions of employment under the proposed new or amended
5agreement are in dispute, the arbitration panel shall base its
6findings, opinions and order upon the following factors, as
7applicable:
8        (1) The lawful authority of the employer.
9        (2) Stipulations of the parties.
10        (3) The interests and welfare of the public and the
11    financial ability of the unit of government to meet those
12    costs.
13        (4) Comparison of the wages, hours and conditions of
14    employment of the employees involved in the arbitration
15    proceeding with the wages, hours and conditions of
16    employment of other employees performing similar services
17    and with other employees generally:
18            (A) In public employment in comparable
19        communities.
20            (B) In private employment in comparable
21        communities.
22        (5) The average consumer prices for goods and services,
23    commonly known as the cost of living.
24        (6) The overall compensation presently received by the
25    employees, including direct wage compensation, vacations,
26    holidays and other excused time, insurance and pensions,

 

 

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1    medical and hospitalization benefits, the continuity and
2    stability of employment and all other benefits received.
3        (7) Changes in any of the foregoing circumstances
4    during the pendency of the arbitration proceedings.
5        (8) Such other factors, not confined to the foregoing,
6    which are normally or traditionally taken into
7    consideration in the determination of wages, hours and
8    conditions of employment through voluntary collective
9    bargaining, mediation, fact-finding, arbitration or
10    otherwise between the parties, in the public service or in
11    private employment.
12    (i) In the case of peace officers, the arbitration decision
13shall be limited to wages, hours, and conditions of employment
14(which may include manning levels in municipalities with a
15population of 1,000,000 or more and residency requirements in
16municipalities with a population under 1,000,000, but those
17residency requirements shall not allow residency outside of
18Illinois) and shall not include the following: i) residency
19requirements in municipalities with a population of at least
201,000,000; ii) the type of equipment, other than uniforms,
21issued or used; iii) manning levels in municipalities with a
22population under 1,000,000; iv) the total number of employees
23employed by the department; v) mutual aid and assistance
24agreements to other units of government; and vi) the criterion
25pursuant to which force, including deadly force, can be used;
26provided, nothing herein shall preclude an arbitration

 

 

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1decision regarding equipment or, in municipalities with a
2population of 1,000,000 or more, manning levels if such
3decision is based on a finding that the equipment or manning
4considerations in a specific work assignment involve a serious
5risk to the safety of a peace officer beyond that which is
6inherent in the normal performance of police duties. Limitation
7of the terms of the arbitration decision pursuant to this
8subsection shall not be construed to limit the factors upon
9which the decision may be based, as set forth in subsection
10(h).
11    In the case of fire fighter, and fire department or fire
12district paramedic matters, the arbitration decision shall be
13limited to wages, hours, and conditions of employment (which
14may include residency requirements in municipalities with a
15population under 1,000,000, but those residency requirements
16shall not allow residency outside of Illinois) and shall not
17include the following matters: i) residency requirements in
18municipalities with a population of at least 1,000,000; ii) the
19type of equipment (other than uniforms and fire fighter turnout
20gear) issued or used; iii) the total number of employees
21employed by the department; iv) mutual aid and assistance
22agreements to other units of government; and v) the criterion
23pursuant to which force, including deadly force, can be used;
24provided, however, nothing herein shall preclude an
25arbitration decision regarding equipment levels if such
26decision is based on a finding that the equipment

 

 

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1considerations in a specific work assignment involve a serious
2risk to the safety of a fire fighter beyond that which is
3inherent in the normal performance of fire fighter duties.
4Limitation of the terms of the arbitration decision pursuant to
5this subsection shall not be construed to limit the facts upon
6which the decision may be based, as set forth in subsection
7(h).
8    The changes to this subsection (i) made by Public Act
990-385 (relating to residency requirements) do not apply to
10persons who are employed by a combined department that performs
11both police and firefighting services; these persons shall be
12governed by the provisions of this subsection (i) relating to
13peace officers, as they existed before the amendment by Public
14Act 90-385.
15    To preserve historical bargaining rights, this subsection
16shall not apply to any provision of a fire fighter collective
17bargaining agreement in effect and applicable on the effective
18date of this Act; provided, however, nothing herein shall
19preclude arbitration with respect to any such provision.
20    (j) Arbitration procedures shall be deemed to be initiated
21by the filing of a letter requesting mediation as required
22under subsection (a) of this Section. The commencement of a new
23municipal fiscal year after the initiation of arbitration
24procedures under this Act, but before the arbitration decision,
25or its enforcement, shall not be deemed to render a dispute
26moot, or to otherwise impair the jurisdiction or authority of

 

 

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1the arbitration panel or its decision. Increases in rates of
2compensation awarded by the arbitration panel may be effective
3only at the start of the fiscal year next commencing after the
4date of the arbitration award. If a new fiscal year has
5commenced either since the initiation of arbitration
6procedures under this Act or since any mutually agreed
7extension of the statutorily required period of mediation under
8this Act by the parties to the labor dispute causing a delay in
9the initiation of arbitration, the foregoing limitations shall
10be inapplicable, and such awarded increases may be retroactive
11to the commencement of the fiscal year, any other statute or
12charter provisions to the contrary, notwithstanding. At any
13time the parties, by stipulation, may amend or modify an award
14of arbitration.
15    (k) Orders of the arbitration panel shall be reviewable,
16upon appropriate petition by either the public employer or the
17exclusive bargaining representative, by the circuit court for
18the county in which the dispute arose or in which a majority of
19the affected employees reside, but only for reasons that the
20arbitration panel was without or exceeded its statutory
21authority; the order is arbitrary, or capricious; or the order
22was procured by fraud, collusion or other similar and unlawful
23means. Such petitions for review must be filed with the
24appropriate circuit court within 90 days following the issuance
25of the arbitration order. The pendency of such proceeding for
26review shall not automatically stay the order of the

 

 

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1arbitration panel. The party against whom the final decision of
2any such court shall be adverse, if such court finds such
3appeal or petition to be frivolous, shall pay reasonable
4attorneys' fees and costs to the successful party as determined
5by said court in its discretion. If said court's decision
6affirms the award of money, such award, if retroactive, shall
7bear interest at the rate of 12 percent per annum from the
8effective retroactive date.
9    (l) During the pendency of proceedings before the
10arbitration panel, existing wages, hours, and other conditions
11of employment shall not be changed by action of either party
12without the consent of the other but a party may so consent
13without prejudice to his rights or position under this Act. The
14proceedings are deemed to be pending before the arbitration
15panel upon the initiation of arbitration procedures under this
16Act.
17    (m) Security officers of public employers, and Peace
18Officers, Fire Fighters and fire department and fire protection
19district paramedics, covered by this Section may not withhold
20services, nor may public employers lock out or prevent such
21employees from performing services at any time.
22    (n) All of the terms decided upon by the arbitration panel
23shall be included in an agreement to be submitted to the public
24employer's governing body for ratification and adoption by law,
25ordinance or the equivalent appropriate means.
26    The governing body shall review each term decided by the

 

 

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1arbitration panel. If the governing body fails to reject one or
2more terms of the arbitration panel's decision by a 3/5 vote of
3those duly elected and qualified members of the governing body,
4within 20 days of issuance, or in the case of firefighters
5employed by a state university, at the next regularly scheduled
6meeting of the governing body after issuance, such term or
7terms shall become a part of the collective bargaining
8agreement of the parties. If the governing body affirmatively
9rejects one or more terms of the arbitration panel's decision,
10it must provide reasons for such rejection with respect to each
11term so rejected, within 20 days of such rejection and the
12parties shall return to the arbitration panel for further
13proceedings and issuance of a supplemental decision with
14respect to the rejected terms. Any supplemental decision by an
15arbitration panel or other decision maker agreed to by the
16parties shall be submitted to the governing body for
17ratification and adoption in accordance with the procedures and
18voting requirements set forth in this Section. The voting
19requirements of this subsection shall apply to all disputes
20submitted to arbitration pursuant to this Section
21notwithstanding any contrary voting requirements contained in
22any existing collective bargaining agreement between the
23parties.
24    (o) If the governing body of the employer votes to reject
25the panel's decision, the parties shall return to the panel
26within 30 days from the issuance of the reasons for rejection

 

 

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1for further proceedings and issuance of a supplemental
2decision. All reasonable costs of such supplemental proceeding
3including the exclusive representative's reasonable attorney's
4fees, as established by the Board, shall be paid by the
5employer.
6    (p) Notwithstanding the provisions of this Section the
7employer and exclusive representative may agree to submit
8unresolved disputes concerning wages, hours, terms and
9conditions of employment to an alternative form of impasse
10resolution.
11(Source: P.A. 96-813, eff. 10-30-09.)".