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91_HB1301
LRB9104274MWgc
1 AN ACT to amend the Illinois Public Labor Relations Act
2 by changing Section 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Labor Relations Act is
6 amended by changing Section 7 as follows:
7 (5 ILCS 315/7) (from Ch. 48, par. 1607)
8 Sec. 7. Duty to bargain. A public employer and the
9 exclusive representative have the authority and the duty to
10 bargain collectively set forth in this Section.
11 For the purposes of this Act, "to bargain collectively"
12 means the performance of the mutual obligation of the public
13 employer or his designated representative and the
14 representative of the public employees to meet at reasonable
15 times, including meetings in advance of the budget-making
16 process, and to negotiate in good faith with respect to
17 wages, hours, and other conditions of employment, not
18 excluded by Section 4 of this Act, or the negotiation of an
19 agreement, or any question arising thereunder and the
20 execution of a written contract incorporating any agreement
21 reached if requested by either party, but such obligation
22 does not compel either party to agree to a proposal or
23 require the making of a concession.
24 The duty "to bargain collectively" shall also include an
25 obligation to negotiate over any matter with respect to
26 wages, hours and other conditions of employment, not
27 specifically provided for in any other law or not
28 specifically in violation of the provisions of any law. If
29 any other law pertains, in part, to a matter affecting the
30 wages, hours and other conditions of employment, such other
31 law shall not be construed as limiting the duty "to bargain
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1 collectively" and to enter into collective bargaining
2 agreements containing clauses which either supplement,
3 implement, or relate to the effect of such provisions in
4 other laws.
5 The duty to bargain collectively specifically includes
6 the obligation to negotiate over the arbitration of all
7 disciplinary matters. The existence of any local commission
8 or board, or the home rule status of an employer, does not
9 affect or diminish the application of this paragraph.
10 The duty "to bargain collectively" shall also include
11 negotiations as to the terms of a collective bargaining
12 agreement. The parties may, by mutual agreement, provide for
13 arbitration of impasses resulting from their inability to
14 agree upon wages, hours and terms and conditions of
15 employment to be included in a collective bargaining
16 agreement. Such arbitration provisions shall be subject to
17 the Illinois "Uniform Arbitration Act" unless agreed by the
18 parties.
19 The duty "to bargain collectively" shall also mean that
20 no party to a collective bargaining contract shall terminate
21 or modify such contract, unless the party desiring such
22 termination or modification:
23 (1) serves a written notice upon the other party to the
24 contract of the proposed termination or modification 60 days
25 prior to the expiration date thereof, or in the event such
26 contract contains no expiration date, 60 days prior to the
27 time it is proposed to make such termination or modification;
28 (2) offers to meet and confer with the other party for
29 the purpose of negotiating a new contract or a contract
30 containing the proposed modifications;
31 (3) notifies the Board within 30 days after such notice
32 of the existence of a dispute, provided no agreement has been
33 reached by that time; and
34 (4) continues in full force and effect, without
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1 resorting to strike or lockout, all the terms and conditions
2 of the existing contract for a period of 60 days after such
3 notice is given to the other party or until the expiration
4 date of such contract, whichever occurs later.
5 The duties imposed upon employers, employees and labor
6 organizations by paragraphs (2), (3) and (4) shall become
7 inapplicable upon an intervening certification of the Board,
8 under which the labor organization, which is a party to the
9 contract, has been superseded as or ceased to be the
10 exclusive representative of the employees pursuant to the
11 provisions of subsection (a) of Section 9, and the duties so
12 imposed shall not be construed as requiring either party to
13 discuss or agree to any modification of the terms and
14 conditions contained in a contract for a fixed period, if
15 such modification is to become effective before such terms
16 and conditions can be reopened under the provisions of the
17 contract.
18 (Source: P.A. 83-1012.)