HB5596ham001 96TH GENERAL ASSEMBLY

Rep. Suzanne Bassi

Filed: 3/22/2010

09600HB5596ham001 LRB096 19468 NHT 39423 a

AMENDMENT TO HOUSE BILL 5596

AMENDMENT NO. ______. Amend House Bill 5596 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Educational Labor Relations Act is amended by changing Sections 12 and 13 as follows:

(115 ILCS 5/12) (from Ch. 48, par. 1712)

Sec. 12. Impasse procedures.

(a) If the parties engaged in collective bargaining have not reached an agreement by 90 days before the scheduled start of the forthcoming school year, the parties shall notify the Illinois Educational Labor Relations Board concerning the status of negotiations.

Upon demand of either party, collective bargaining between the employer and an exclusive bargaining representative must begin within 60 days of the date of certification of the representative by the Board, or in the case of an existing exclusive bargaining representative, within 60 days of the receipt by a party of a demand to bargain issued by the other party. Once commenced, collective bargaining must continue for at least a 60 day period, unless a contract is entered into.

(a-5) If, Except as otherwise provided in subsection (b) of this Section, if after a reasonable period of negotiation and within 45 days of the scheduled start of the forth-coming school year, the parties engaged in collective bargaining have reached an impasse, either party may petition the Board to initiate mediation. Alternatively, the Board on its own motion may initiate mediation during this period. However, mediation shall be initiated by the Board at any time when jointly requested by the parties and the services of the mediators shall continuously be made available to the employer and to the exclusive bargaining representative for purposes of arbitration of grievances and mediation or arbitration of contract disputes. If the parties to the dispute are not required to engage in fact finding under subsection (a-10) of this Section and if requested by the parties, the mediator may perform fact-finding and in so doing conduct hearings and make written findings and recommendations for resolution of the dispute. Such mediation shall be provided by the Board and shall be held before qualified impartial individuals. Nothing prohibits the use of other individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association selected by both the exclusive bargaining representative and the employer.

If the parties engaged in collective bargaining fail to reach an agreement within 15 days of the scheduled start of the forthcoming school year and have not requested mediation, the Illinois Educational Labor Relations Board shall invoke mediation.

Whenever mediation is initiated or invoked under this subsection (a), the parties may stipulate to defer selection of a mediator in accordance with rules adopted by the Board.

(a-10) For collective bargaining agreements that are reopened for negotiations because of a determination by the employer that it is unable to fund salary increases for the 2011 fiscal year, if a dispute exists between an employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000 and the exclusive bargaining representative of its employees and if the parties fail to reach an agreement after a reasonable period of mediation, the Board shall order that the dispute be submitted to a 3-member fact-finding panel. Within 3 days following the Board's order, each party shall appoint one member of the fact-finding panel. Within 3 days following these appointments, the parties shall select a qualified impartial member to serve as the chairperson of the fact-finding panel. If the parties are unable to agree upon a qualified impartial member, the parties shall request a panel of qualified impartial members from either the Federal Mediation and Conciliation Service or the American Arbitration Association and select the chairperson of the fact-finding panel from such panel in accordance with the procedures established by the organization providing the panel. The chairperson of the fact-finding panel must not be the same individual who was appointed as a mediator.

The fact-finding panel shall have the following duties and powers:

(1) to require the parties to submit a statement of disputed issues and their position regarding each issue either jointly or separately;

(2) to identify disputed issues that are economic in nature;

(3) to meet with the parties either separately or jointly;

(4) to conduct private hearings and regulate the time, place, course, and manner of such hearings;

(5) to request the Board to issue subpoenas requiring the attendance and testimony of witnesses or the production of evidence;

(6) to administer oaths and affirmations;

(7) to examine witnesses and documents;

(8) to create a full and complete written record of any hearings;

(9) to attempt mediation;

(10) to require the parties to submit final offers;

(11) to consider and decide upon the subjects of residency, seniority, and all other mandatory subjects of bargaining, notwithstanding any statute to the contrary; and

(12) to employ any other measures deemed appropriate to resolve the impasse.

If the dispute is not settled within 90 days after the appointment of the fact-finding panel, and after the fact-finding panel has conducted a hearing on the disputed issues, the fact-finding panel shall issue a private report to the parties that contains advisory findings of fact and recommended terms of settlement for all disputed issues and that sets forth a rationale for each recommendation. The fact-finding panel, acting by a majority of its members, shall base its findings and recommendations upon the following criteria as applicable:

(A) the lawful authority of the employer;

(B) the federal and State statutes or local ordinances applicable to the employer;

(C) prior collective bargaining agreements and the bargaining history between the parties;

(D) stipulations of the parties;

(E) the interests and welfare of the public;

(F) the ability of the employer to finance and administer the proposals at issue, provided that such ability is not predicated on the premise that the employer will develop additional sources of revenue;

(G) the impact of any economic adjustments on the employer's ability to pursue its educational mission;

(H) the present and future general economic conditions in the locality and State;

(I) a comparison of the wages, hours, and conditions of employment of the employees involved in the dispute with the wages, hours, and conditions of employment of employees performing similar services in public education in the 5 largest U.S. cities;

(J) the average consumer prices for goods and services, which is commonly known as the cost of living;

(K) the overall compensation presently received by the employees involved in the dispute, including direct wage compensation; vacations, holidays, and other excused time; insurance and pensions; medical and hospitalization benefits; the continuity and stability of employment; and all other benefits received;

(L) changes in any of the circumstances set forth in subdivisions (A) through (K) of this subsection (a-10) during the fact-finding procedures; and

(M) such other factors, not confined to subdivisions (A) through (L) of this subsection (a-10), that are normally or traditionally considered in the determination of wages, hours, and conditions of employment through collective bargaining, mediation, fact-finding, arbitration, or other impasse resolution procedures in public employment.

The fact-finding panel's recommended terms of settlement shall be deemed agreed upon by the parties as the final resolution of the disputed issues and incorporated into the collective bargaining agreement executed by the parties, unless either party tenders to the chairperson of the fact-finding panel a notice of rejection of the recommended terms of settlement, in whole or in part, with a rationale for each rejection, within 10 days after the date of issuance of the fact-finding panel's report. If either party submits a notice of rejection, the chairperson of the fact-finding panel shall publish the fact-finding panel's report for public information by delivering a copy to all newspapers of general circulation in the community.

After the publication of the fact-finding panel's report, the fact-finding panel's recommended terms of settlement shall be deemed agreed upon by the parties as the final resolution of the disputed issues and incorporated into the collective bargaining agreement executed by the parties, unless either party tenders to the chairperson of the fact-finding panel a notice of rejection of the recommended terms of settlement, in whole or in part, with a rationale for each rejection, within 5 days after the date on which the chairperson of the fact-finding panel published the fact-finding panel's report.

(b) If, after a period of bargaining of at least 60 days, a dispute or impasse exists between an employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000 and the exclusive bargaining representative over a subject or matter set forth in Section 4.5 of this Act, the parties shall submit the dispute or impasse to the dispute resolution procedure agreed to between the parties. The procedure shall provide for mediation of disputes by a rotating mediation panel and may, at the request of either party, include the issuance of advisory findings of fact and recommendations.

(c) The costs and expenses of the mediator and any chairperson of a fact-finding panel shall be shared equally between the parties. All other costs and expenses of complying with this Section shall be borne by the party incurring them.

(c-5) If the representatives of either the employer or exclusive bargaining representative refuse to participate in the mediation or fact-finding procedures required by this Section, such refusal shall be deemed a refusal to bargain in good faith. In the absence of an unfair labor practice charge filed by an aggrieved party, the Board on its own motion may issue an unfair labor practice complaint based on such refusal and conduct hearings and issue orders as provided for in Section 15 of this Act. The costs of fact finding and mediation shall be shared equally between the employer and the exclusive bargaining agent, provided that, for purposes of mediation under this Act, if either party requests the use of mediation services from the Federal Mediation and Conciliation Service, the other party shall either join in such request or bear the additional cost of mediation services from another source.

(d) Nothing in this Act prevents an employer and an exclusive bargaining representative from mutually submitting to final and binding impartial arbitration unresolved issues concerning the terms of a new collective bargaining agreement.

Nothing in this Act prohibits the parties from agreeing to extend the deadlines established for mediation and fact-finding procedures.

(Source: P.A. 93-3, eff. 4-16-03.)

(115 ILCS 5/13) (from Ch. 48, par. 1713)

Sec. 13. Strikes.

(a) Notwithstanding the existence of any other provision in this Act or other law, educational employees employed in school districts organized under Article 34 of the School Code shall not engage in a strike at any time during the 18 month period that commences on the effective date of this amendatory Act of 1995. An educational employee employed in a school district organized under Article 34 of the School Code who participates in a strike in violation of this Section is subject to discipline by the employer. In addition, no educational employer organized under Article 34 of the School Code may pay or cause to be paid to an educational employee who participates in a strike in violation of this subsection any wages or other compensation for any period during which an educational employee participates in the strike, except for wages or compensation earned before participation in the strike. Notwithstanding the existence of any other provision in this Act or other law, during the 18-month period that strikes are prohibited under this subsection nothing in this subsection shall be construed to require an educational employer to submit to a binding dispute resolution process.

(a-5) Educational employees must not engage in a strike at any time during the mediation or fact-finding procedures set forth in Section 12 of this Act. If a strike occurs in violation of this Section, the employer may initiate in the circuit court of the county in which such strike occurs an action for an injunction and other relief, and the circuit court shall impose at least one or more of the following penalties on the exclusive bargaining representative in addition to ordering other appropriate relief:

(1) Revoke the designation of the exclusive bargaining representative as the exclusive bargaining representative of the employees involved in the dispute and declare the exclusive bargaining representative to be ineligible for such designation for a period of 2 years.

(2) Prohibit the employer from deducting dues on behalf of the exclusive bargaining representative for a period of 2 years.

(3) Impose fines on the exclusive bargaining representative or its officers or both.

(b) Notwithstanding the existence of any other provision in this Act or any other law, educational employees other than those employed in a school district organized under Article 34 of the School Code and, after the expiration of the 18 month period that commences on the effective date of this amendatory Act of 1995, educational employees in a school district organized under Article 34 of the School Code shall not engage in a strike except under the following conditions:

(1) they are represented by an exclusive bargaining representative;

(2) the parties have completely utilized mediation without success as required by Section 12 of this Act;

(2.5) the parties have completely utilized fact-finding without success if fact-finding is required by Section 12 of this Act; mediation has been used without success;

(3) at least 10 days have elapsed after a notice of intent to strike has been given by the exclusive bargaining representative to the educational employer, the regional superintendent and the Illinois Educational Labor Relations Board;

(4) the collective bargaining agreement between the educational employer and educational employees, if any, has expired; and

(5) the employer and the exclusive bargaining representative have not mutually submitted the unresolved issues to arbitration.

If, however, in the opinion of an employer the strike is or has become a clear and present danger to the health or safety of the public, the employer may initiate in the circuit court of the county in which such danger exists an action for relief which may include, but is not limited to, injunction. The court may grant appropriate relief upon the finding that such clear and present danger exists. An unfair practice or other evidence of lack of clean hands by the educational employer is a defense to such action. Except as provided for in this paragraph, the jurisdiction of the court under this Section is limited by the Labor Dispute Act.

(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)

Section 99. Effective date. This Act takes effect upon becoming law.".