101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0309

 

Introduced , by Rep. David McSweeney

 

SYNOPSIS AS INTRODUCED:
 
115 ILCS 5/10  from Ch. 48, par. 1710

    Amends the Illinois Educational Labor Relations Act. With regard to an agreement reached between the representatives of educational employees and an educational employer, provides that in addition to any approval action that has previously been ratified, the final language of the written contract must be approved by the governing board of the educational employer and posted on a publicly accessible website at least 48 hours prior to such approval. Effective immediately.


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A BILL FOR

 

HB0309LRB101 03987 AXK 48995 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Educational Labor Relations Act is
5amended by changing Section 10 as follows:
 
6    (115 ILCS 5/10)  (from Ch. 48, par. 1710)
7    Sec. 10. Duty to bargain.
8    (a) An educational employer and the exclusive
9representative have the authority and the duty to bargain
10collectively as set forth in this Section. Collective
11bargaining is the performance of the mutual obligations of the
12educational employer and the representative of the educational
13employees to meet at reasonable times and confer in good faith
14with respect to wages, hours and other terms and conditions of
15employment, and to execute a written contract incorporating any
16agreement reached by such obligation, provided such obligation
17does not compel either party to agree to a proposal or require
18the making of a concession.
19    (b) The parties to the collective bargaining process shall
20not effect or implement a provision in a collective bargaining
21agreement if the implementation of that provision would be in
22violation of, or inconsistent with, or in conflict with any
23statute or statutes enacted by the General Assembly of

 

 

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1Illinois. The parties to the collective bargaining process may
2effect or implement a provision in a collective bargaining
3agreement if the implementation of that provision has the
4effect of supplementing any provision in any statute or
5statutes enacted by the General Assembly of Illinois pertaining
6to wages, hours or other conditions of employment; provided
7however, no provision in a collective bargaining agreement may
8be effected or implemented if such provision has the effect of
9negating, abrogating, replacing, reducing, diminishing, or
10limiting in any way any employee rights, guarantees or
11privileges pertaining to wages, hours or other conditions of
12employment provided in such statutes. Any provision in a
13collective bargaining agreement which has the effect of
14negating, abrogating, replacing, reducing, diminishing or
15limiting in any way any employee rights, guarantees or
16privileges provided in an Illinois statute or statutes shall be
17void and unenforceable, but shall not affect the validity,
18enforceability and implementation of other permissible
19provisions of the collective bargaining agreement.
20    (c) The collective bargaining agreement negotiated between
21representatives of the educational employees and the
22educational employer shall contain a grievance resolution
23procedure which shall apply to all employees in the unit and
24shall provide for binding arbitration of disputes concerning
25the administration or interpretation of the agreement. The
26agreement shall also contain appropriate language prohibiting

 

 

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1strikes for the duration of the agreement. The costs of such
2arbitration shall be borne equally by the educational employer
3and the employee organization.
4    (d) Once an agreement is reached between representatives of
5the educational employees and the educational employer and is
6ratified by both parties, the agreement shall be reduced to
7writing and signed by the parties. In addition to any approval
8action that has previously been ratified, the final language of
9the written contract must be approved by the governing board of
10the educational employer and posted on a publicly accessible
11website at least 48 hours prior to such approval.
12(Source: P.A. 84-832.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.