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91_HB0897 LRB9103051NTsb 1 AN ACT to amend the Illinois Educational Labor Relations 2 Act by changing Section 13 and repealing Section 4.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Educational Labor Relations Act 6 is amended by changing Section 13 as follows: 7 (115 ILCS 5/13) (from Ch. 48, par. 1713) 8 Sec. 13. Strikes. 9
(a) Notwithstanding the existence of any other provision10 in this Act or other law,Educational employees employed in11 school districts organized under Article 34 of the School12 Codeshall not engage in a strike at any time during the 1813 month period that commences on the effective date of this14 amendatory Act of 1995. An educational employee employed in15 a school district organized under Article 34 of the School16 Code who participates in a strike in violation of this17 Section is subject to discipline by the employer. In18 addition, no educational employer organized under Article 3419 of the School Code may pay or cause to be paid to an20 educational employee who participates in a strike in21 violation of this subsection any wages or other compensation22 for any period during which an educational employee23 participates in the strike, except for wages or compensation24 earned before participation in the strike. Notwithstanding25 the existence of any other provision in this Act or other26 law, during the 18-month period that strikes are prohibited27 under this subsection nothing in this subsection shall be28 construed to require an educational employer to submit to a29 binding dispute resolution process.30 (b) Notwithstanding the existence of any other provision31 in this Act or any other law, educational employees other-2- LRB9103051NTsb 1 than those employed in a school district organized under2 Article 34 of the School Code and, after the expiration of3 the 18 month period that commences on the effective date of4 this amendatory Act of 1995, educational employees in a5 school district organized under Article 34 of the School Code6 shall not engage in a strikeexcept under the following 7 conditions: 8 (1) they are represented by an exclusive 9 bargaining representative; 10 (2) mediation has been used without success; 11 (3) at least 10 days have elapsed after a notice 12 of intent to strike has been given by the exclusive 13 bargaining representative to the educational employer, 14 the regional superintendent and the Illinois Educational 15 Labor Relations Board; 16 (4) the collective bargaining agreement between 17 the educational employer and educational employees, if 18 any, has expired; and 19 (5) the employer and the exclusive bargaining 20 representative have not mutually submitted the unresolved 21 issues to arbitration. 22 If, however, in the opinion of an employer the strike is 23 or has become a clear and present danger to the health or 24 safety of the public, the employer may initiate in the 25 circuit court of the county in which such danger exists an 26 action for relief which may include, but is not limited to, 27 injunction. The court may grant appropriate relief upon the 28 finding that such clear and present danger exists. An unfair 29 practice or other evidence of lack of clean hands by the 30 educational employer is a defense to such action. Except as 31 provided for in this paragraph, the jurisdiction of the court 32 under this Section is limited by the Labor Dispute Act. 33 (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.) -3- LRB9103051NTsb 1 (115 ILCS 5/4.5 rep.) 2 Section 10. The Illinois Educational Labor Relations Act 3 is amended by repealing Section 4.5. 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.
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