State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Kambium Buckner


5 ILCS 315/14  from Ch. 48, par. 1614

    Amends the Illinois Public Labor Relations Act. Lowers the population residency threshold requirement concerning arbitration for peace officers to include municipalities with a population of at least 30,000 (currently, 1,000,000).

LRB102 14765 RJF 20118 b





HB3413LRB102 14765 RJF 20118 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 14 as follows:
6    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
7    Sec. 14. Security employee, peace officer and fire fighter
9    (a) In the case of collective bargaining agreements
10involving units of security employees of a public employer,
11Peace Officer Units, or units of fire fighters or paramedics,
12and in the case of disputes under Section 18, unless the
13parties mutually agree to some other time limit, mediation
14shall commence 30 days prior to the expiration date of such
15agreement or at such later time as the mediation services
16chosen under subsection (b) of Section 12 can be provided to
17the parties. In the case of negotiations for an initial
18collective bargaining agreement, mediation shall commence upon
1915 days notice from either party or at such later time as the
20mediation services chosen pursuant to subsection (b) of
21Section 12 can be provided to the parties. In mediation under
22this Section, if either party requests the use of mediation
23services from the Federal Mediation and Conciliation Service,



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1the other party shall either join in such request or bear the
2additional cost of mediation services from another source. The
3mediator shall have a duty to keep the Board informed on the
4progress of the mediation. If any dispute has not been
5resolved within 15 days after the first meeting of the parties
6and the mediator, or within such other time limit as may be
7mutually agreed upon by the parties, either the exclusive
8representative or employer may request of the other, in
9writing, arbitration, and shall submit a copy of the request
10to the Board.
11    (b) Within 10 days after such a request for arbitration
12has been made, the employer shall choose a delegate and the
13employees' exclusive representative shall choose a delegate to
14a panel of arbitration as provided in this Section. The
15employer and employees shall forthwith advise the other and
16the Board of their selections.
17    (c) Within 7 days after the request of either party, the
18parties shall request a panel of impartial arbitrators from
19which they shall select the neutral chairman according to the
20procedures provided in this Section. If the parties have
21agreed to a contract that contains a grievance resolution
22procedure as provided in Section 8, the chairman shall be
23selected using their agreed contract procedure unless they
24mutually agree to another procedure. If the parties fail to
25notify the Board of their selection of neutral chairman within
267 days after receipt of the list of impartial arbitrators, the



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1Board shall appoint, at random, a neutral chairman from the
2list. In the absence of an agreed contract procedure for
3selecting an impartial arbitrator, either party may request a
4panel from the Board. Within 7 days of the request of either
5party, the Board shall select from the Public Employees Labor
6Mediation Roster 7 persons who are on the labor arbitration
7panels of either the American Arbitration Association or the
8Federal Mediation and Conciliation Service, or who are members
9of the National Academy of Arbitrators, as nominees for
10impartial arbitrator of the arbitration panel. The parties may
11select an individual on the list provided by the Board or any
12other individual mutually agreed upon by the parties. Within 7
13days following the receipt of the list, the parties shall
14notify the Board of the person they have selected. Unless the
15parties agree on an alternate selection procedure, they shall
16alternatively strike one name from the list provided by the
17Board until only one name remains. A coin toss shall determine
18which party shall strike the first name. If the parties fail to
19notify the Board in a timely manner of their selection for
20neutral chairman, the Board shall appoint a neutral chairman
21from the Illinois Public Employees Mediation/Arbitration
23    (d) The chairman shall call a hearing to begin within 15
24days and give reasonable notice of the time and place of the
25hearing. The hearing shall be held at the offices of the Board
26or at such other location as the Board deems appropriate. The



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1chairman shall preside over the hearing and shall take
2testimony. Any oral or documentary evidence and other data
3deemed relevant by the arbitration panel may be received in
4evidence. The proceedings shall be informal. Technical rules
5of evidence shall not apply and the competency of the evidence
6shall not thereby be deemed impaired. A verbatim record of the
7proceedings shall be made and the arbitrator shall arrange for
8the necessary recording service. Transcripts may be ordered at
9the expense of the party ordering them, but the transcripts
10shall not be necessary for a decision by the arbitration
11panel. The expense of the proceedings, including a fee for the
12chairman, shall be borne equally by each of the parties to the
13dispute. The delegates, if public officers or employees, shall
14continue on the payroll of the public employer without loss of
15pay. The hearing conducted by the arbitration panel may be
16adjourned from time to time, but unless otherwise agreed by
17the parties, shall be concluded within 30 days of the time of
18its commencement. Majority actions and rulings shall
19constitute the actions and rulings of the arbitration panel.
20Arbitration proceedings under this Section shall not be
21interrupted or terminated by reason of any unfair labor
22practice charge filed by either party at any time.
23    (e) The arbitration panel may administer oaths, require
24the attendance of witnesses, and the production of such books,
25papers, contracts, agreements and documents as may be deemed
26by it material to a just determination of the issues in



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1dispute, and for such purpose may issue subpoenas. If any
2person refuses to obey a subpoena, or refuses to be sworn or to
3testify, or if any witness, party or attorney is guilty of any
4contempt while in attendance at any hearing, the arbitration
5panel may, or the attorney general if requested shall, invoke
6the aid of any circuit court within the jurisdiction in which
7the hearing is being held, which court shall issue an
8appropriate order. Any failure to obey the order may be
9punished by the court as contempt.
10    (f) At any time before the rendering of an award, the
11chairman of the arbitration panel, if he is of the opinion that
12it would be useful or beneficial to do so, may remand the
13dispute to the parties for further collective bargaining for a
14period not to exceed 2 weeks. If the dispute is remanded for
15further collective bargaining the time provisions of this Act
16shall be extended for a time period equal to that of the
17remand. The chairman of the panel of arbitration shall notify
18the Board of the remand.
19    (g) At or before the conclusion of the hearing held
20pursuant to subsection (d), the arbitration panel shall
21identify the economic issues in dispute, and direct each of
22the parties to submit, within such time limit as the panel
23shall prescribe, to the arbitration panel and to each other
24its last offer of settlement on each economic issue. The
25determination of the arbitration panel as to the issues in
26dispute and as to which of these issues are economic shall be



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1conclusive. The arbitration panel, within 30 days after the
2conclusion of the hearing, or such further additional periods
3to which the parties may agree, shall make written findings of
4fact and promulgate a written opinion and shall mail or
5otherwise deliver a true copy thereof to the parties and their
6representatives and to the Board. As to each economic issue,
7the arbitration panel shall adopt the last offer of settlement
8which, in the opinion of the arbitration panel, more nearly
9complies with the applicable factors prescribed in subsection
10(h). The findings, opinions and order as to all other issues
11shall be based upon the applicable factors prescribed in
12subsection (h).
13    (h) Where there is no agreement between the parties, or
14where there is an agreement but the parties have begun
15negotiations or discussions looking to a new agreement or
16amendment of the existing agreement, and wage rates or other
17conditions of employment under the proposed new or amended
18agreement are in dispute, the arbitration panel shall base its
19findings, opinions and order upon the following factors, as
21        (1) The lawful authority of the employer.
22        (2) Stipulations of the parties.
23        (3) The interests and welfare of the public and the
24    financial ability of the unit of government to meet those
25    costs.
26        (4) Comparison of the wages, hours and conditions of



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1    employment of the employees involved in the arbitration
2    proceeding with the wages, hours and conditions of
3    employment of other employees performing similar services
4    and with other employees generally:
5            (A) In public employment in comparable
6        communities.
7            (B) In private employment in comparable
8        communities.
9        (5) The average consumer prices for goods and
10    services, commonly known as the cost of living.
11        (6) The overall compensation presently received by the
12    employees, including direct wage compensation, vacations,
13    holidays and other excused time, insurance and pensions,
14    medical and hospitalization benefits, the continuity and
15    stability of employment and all other benefits received.
16        (7) Changes in any of the foregoing circumstances
17    during the pendency of the arbitration proceedings.
18        (8) Such other factors, not confined to the foregoing,
19    which are normally or traditionally taken into
20    consideration in the determination of wages, hours and
21    conditions of employment through voluntary collective
22    bargaining, mediation, fact-finding, arbitration or
23    otherwise between the parties, in the public service or in
24    private employment.
25    (i) In the case of peace officers, the arbitration
26decision shall be limited to wages, hours, and conditions of



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1employment (which may include residency requirements in
2municipalities with a population under 30,000 1,000,000, but
3those residency requirements shall not allow residency outside
4of Illinois) and shall not include the following: i) residency
5requirements in municipalities with a population of at least
630,000 1,000,000; ii) the type of equipment, other than
7uniforms, issued or used; iii) manning; iv) the total number
8of employees employed by the department; v) mutual aid and
9assistance agreements to other units of government; and vi)
10the criterion pursuant to which force, including deadly force,
11can be used; provided, nothing herein shall preclude an
12arbitration decision regarding equipment or manning levels if
13such decision is based on a finding that the equipment or
14manning considerations in a specific work assignment involve a
15serious risk to the safety of a peace officer beyond that which
16is inherent in the normal performance of police duties.
17Limitation of the terms of the arbitration decision pursuant
18to this subsection shall not be construed to limit the factors
19upon which the decision may be based, as set forth in
20subsection (h).
21    In the case of fire fighter, and fire department or fire
22district paramedic matters, the arbitration decision shall be
23limited to wages, hours, and conditions of employment
24(including manning and also including residency requirements
25in municipalities with a population under 1,000,000, but those
26residency requirements shall not allow residency outside of



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1Illinois) and shall not include the following matters: i)
2residency requirements in municipalities with a population of
3at least 1,000,000; ii) the type of equipment (other than
4uniforms and fire fighter turnout gear) issued or used; iii)
5the total number of employees employed by the department; iv)
6mutual aid and assistance agreements to other units of
7government; and v) the criterion pursuant to which force,
8including deadly force, can be used; provided, however,
9nothing herein shall preclude an arbitration decision
10regarding equipment levels if such decision is based on a
11finding that the equipment considerations in a specific work
12assignment involve a serious risk to the safety of a fire
13fighter beyond that which is inherent in the normal
14performance of fire fighter duties. Limitation of the terms of
15the arbitration decision pursuant to this subsection shall not
16be construed to limit the facts upon which the decision may be
17based, as set forth in subsection (h).
18    The changes to this subsection (i) made by Public Act
1990-385 (relating to residency requirements) do not apply to
20persons who are employed by a combined department that
21performs both police and firefighting services; these persons
22shall be governed by the provisions of this subsection (i)
23relating to peace officers, as they existed before the
24amendment by Public Act 90-385.
25    To preserve historical bargaining rights, this subsection
26shall not apply to any provision of a fire fighter collective



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1bargaining agreement in effect and applicable on the effective
2date of this Act; provided, however, nothing herein shall
3preclude arbitration with respect to any such provision.
4    (j) Arbitration procedures shall be deemed to be initiated
5by the filing of a letter requesting mediation as required
6under subsection (a) of this Section. The commencement of a
7new municipal fiscal year after the initiation of arbitration
8procedures under this Act, but before the arbitration
9decision, or its enforcement, shall not be deemed to render a
10dispute moot, or to otherwise impair the jurisdiction or
11authority of the arbitration panel or its decision. Increases
12in rates of compensation awarded by the arbitration panel may
13be effective only at the start of the fiscal year next
14commencing after the date of the arbitration award. If a new
15fiscal year has commenced either since the initiation of
16arbitration procedures under this Act or since any mutually
17agreed extension of the statutorily required period of
18mediation under this Act by the parties to the labor dispute
19causing a delay in the initiation of arbitration, the
20foregoing limitations shall be inapplicable, and such awarded
21increases may be retroactive to the commencement of the fiscal
22year, any other statute or charter provisions to the contrary,
23notwithstanding. At any time the parties, by stipulation, may
24amend or modify an award of arbitration.
25    (k) Orders of the arbitration panel shall be reviewable,
26upon appropriate petition by either the public employer or the



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1exclusive bargaining representative, by the circuit court for
2the county in which the dispute arose or in which a majority of
3the affected employees reside, but only for reasons that the
4arbitration panel was without or exceeded its statutory
5authority; the order is arbitrary, or capricious; or the order
6was procured by fraud, collusion or other similar and unlawful
7means. Such petitions for review must be filed with the
8appropriate circuit court within 90 days following the
9issuance of the arbitration order. The pendency of such
10proceeding for review shall not automatically stay the order
11of the arbitration panel. The party against whom the final
12decision of any such court shall be adverse, if such court
13finds such appeal or petition to be frivolous, shall pay
14reasonable attorneys' fees and costs to the successful party
15as determined by said court in its discretion. If said court's
16decision affirms the award of money, such award, if
17retroactive, shall bear interest at the rate of 12 percent per
18annum from the effective retroactive date.
19    (l) During the pendency of proceedings before the
20arbitration panel, existing wages, hours, and other conditions
21of employment shall not be changed by action of either party
22without the consent of the other but a party may so consent
23without prejudice to his rights or position under this Act.
24The proceedings are deemed to be pending before the
25arbitration panel upon the initiation of arbitration
26procedures under this Act.



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1    (m) Security officers of public employers, and Peace
2Officers, Fire Fighters and fire department and fire
3protection district paramedics, covered by this Section may
4not withhold services, nor may public employers lock out or
5prevent such employees from performing services at any time.
6    (n) All of the terms decided upon by the arbitration panel
7shall be included in an agreement to be submitted to the public
8employer's governing body for ratification and adoption by
9law, ordinance or the equivalent appropriate means.
10    The governing body shall review each term decided by the
11arbitration panel. If the governing body fails to reject one
12or more terms of the arbitration panel's decision by a 3/5 vote
13of those duly elected and qualified members of the governing
14body, within 20 days of issuance, or in the case of
15firefighters employed by a state university, at the next
16regularly scheduled meeting of the governing body after
17issuance, such term or terms shall become a part of the
18collective bargaining agreement of the parties. If the
19governing body affirmatively rejects one or more terms of the
20arbitration panel's decision, it must provide reasons for such
21rejection with respect to each term so rejected, within 20
22days of such rejection and the parties shall return to the
23arbitration panel for further proceedings and issuance of a
24supplemental decision with respect to the rejected terms. Any
25supplemental decision by an arbitration panel or other
26decision maker agreed to by the parties shall be submitted to



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1the governing body for ratification and adoption in accordance
2with the procedures and voting requirements set forth in this
3Section. The voting requirements of this subsection shall
4apply to all disputes submitted to arbitration pursuant to
5this Section notwithstanding any contrary voting requirements
6contained in any existing collective bargaining agreement
7between the parties.
8    (o) If the governing body of the employer votes to reject
9the panel's decision, the parties shall return to the panel
10within 30 days from the issuance of the reasons for rejection
11for further proceedings and issuance of a supplemental
12decision. All reasonable costs of such supplemental proceeding
13including the exclusive representative's reasonable attorney's
14fees, as established by the Board, shall be paid by the
16    (p) Notwithstanding the provisions of this Section the
17employer and exclusive representative may agree to submit
18unresolved disputes concerning wages, hours, terms and
19conditions of employment to an alternative form of impasse
21(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)