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90_SB0453
70 ILCS 3605/28a from Ch. 111 2/3, par. 328a
Amends the Metropolitan Transit Authority Act to make a
technical change to a provision concerning contracts with
labor organizations.
LRB9002854NTsb
LRB9002854NTsb
1 AN ACT to amend the Metropolitan Transit Authority Act by
2 changing Section 28a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Metropolitan Transit Authority Act is
6 amended by changing Section 28a as follows:
7 (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
8 Sec. 28a. (a) The Board may deal with and enter into
9 written contracts with the employees of the Authority through
10 accredited representatives of the such employees or
11 representatives of any labor organization authorized to act
12 for such employees, concerning wages, salaries, hours,
13 working conditions and pension or retirement provisions;
14 provided, nothing herein shall be construed to permit hours
15 of labor in excess of those provided by law or to permit
16 working conditions prohibited by law. In case of dispute
17 over wages, salaries, hours, working conditions, or pension
18 or retirement provisions the Board may arbitrate any question
19 or questions and may agree with such accredited
20 representatives or labor organization that the decision of a
21 majority of any arbitration board shall be final, provided
22 each party shall agree in advance to pay half of the expense
23 of such arbitration.
24 No contract or agreement shall be made with any labor
25 organization, association, group or individual for the
26 employment of members of such organization, association,
27 group or individual for the construction, improvement,
28 maintenance, operation or administration of any property,
29 plant or facilities under the jurisdiction of the Authority,
30 where such organization, association, group or individual
31 denies on the ground of race, creed, color, sex, religion,
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1 physical or mental handicap unrelated to ability, or national
2 origin membership and equal opportunities for employment to
3 any citizen of Illinois.
4 (b)(1) The provisions of this paragraph (b) apply to
5 collective bargaining agreements (including extensions and
6 amendments of existing agreements) entered into on or after
7 January 1, 1984.
8 (2) The Board shall deal with and enter into written
9 contracts with their employees, through accredited
10 representatives of such employees authorized to act for such
11 employees concerning wages, salaries, hours, working
12 conditions, and pension or retirement provisions about which
13 a collective bargaining agreement has been entered prior to
14 the effective date of this amendatory Act of 1983. Any such
15 agreement of the Authority shall provide that the agreement
16 may be reopened if the amended budget submitted pursuant to
17 Section 2.18a of the Regional Transportation Authority Act is
18 not approved by the Board of the Regional Transportation
19 Authority. The agreement may not include a provision
20 requiring the payment of wage increases based on changes in
21 the Consumer Price Index. The Board shall not have the
22 authority to enter into collective bargaining agreements with
23 respect to inherent management rights, which include such
24 areas of discretion or policy as the functions of the
25 employer, standards of services, its overall budget, the
26 organizational structure and selection of new employees and
27 direction of personnel. Employers, however, shall be
28 required to bargain collectively with regard to policy
29 matters directly affecting wages, hours and terms and
30 conditions of employment, as well as the impact thereon upon
31 request by employee representatives. To preserve the rights
32 of employers and exclusive representatives which have
33 established collective bargaining relationships or negotiated
34 collective bargaining agreements prior to the effective date
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1 of this amendatory Act of 1983, employers shall be required
2 to bargain collectively with regard to any matter concerning
3 wages, hours or conditions of employment about which they
4 have bargained prior to the effective date of this amendatory
5 Act of 1983.
6 (3) The collective bargaining agreement may not include
7 a prohibition on the use of part-time operators on any
8 service operated by or funded by the Board, except where
9 prohibited by federal law.
10 (4) Within 30 days of the signing of any such collective
11 bargaining agreement, the Board shall determine the costs of
12 each provision of the agreement, prepare an amended budget
13 incorporating the costs of the agreement, and present the
14 amended budget to the Board of the Regional Transportation
15 Authority for its approval under Section 4.11 of the Regional
16 Transportation Act. The Board of the Regional Transportation
17 Authority may approve the amended budget by an affirmative
18 vote of two-thirds of its then Directors. If the budget is
19 not approved by the Board of the Regional Transportation
20 Authority, the agreement may be reopened and its terms may be
21 renegotiated. Any amended budget which may be prepared
22 following renegotiation shall be presented to the Board of
23 the Regional Transportation Authority for its approval in
24 like manner.
25 (Source: P.A. 83-886.)