|
| | HB1398 Engrossed | | LRB103 25903 DTM 52254 b |
|
|
1 | | AN ACT concerning government.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Illinois Public Labor Relations Act is |
5 | | amended 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 |
8 | | disputes.
|
9 | | (a) In the case of collective bargaining agreements |
10 | | involving units of
security employees of a public employer, |
11 | | Peace Officer Units, or units of
fire fighters or paramedics, |
12 | | and in the case of disputes under Section 18,
unless the |
13 | | parties mutually agree to some other time limit, mediation
|
14 | | shall commence 30 days prior to the expiration date of such |
15 | | agreement or
at such later time as the mediation services |
16 | | chosen under subsection (b) of
Section 12 can be provided to |
17 | | the parties. In the case of negotiations
for an initial |
18 | | collective bargaining agreement, mediation shall commence
upon |
19 | | 15 days notice from either party or at such later time as the
|
20 | | mediation services chosen pursuant to subsection (b) of |
21 | | Section 12 can be
provided to the parties. In mediation under |
22 | | this Section, if either party
requests the use of mediation |
23 | | services from the Federal Mediation and
Conciliation Service, |
|
| | HB1398 Engrossed | - 2 - | LRB103 25903 DTM 52254 b |
|
|
1 | | the other party shall either join in such request or
bear the |
2 | | additional cost of mediation services from another source. The
|
3 | | mediator shall have a duty to keep the Board informed on the |
4 | | progress of
the mediation. If any dispute has not been |
5 | | resolved within 15 days after
the first meeting of the parties |
6 | | and the mediator, or within such other
time limit as may be |
7 | | mutually agreed upon by the parties, either the
exclusive |
8 | | representative or employer may request of the other, in |
9 | | writing,
arbitration, and shall submit a copy of the request |
10 | | to the Board.
|
11 | | (b) Within 10 days after such a request for arbitration |
12 | | has been
made, the employer shall choose a delegate and
the |
13 | | employees' exclusive representative shall choose a delegate to |
14 | | a panel
of arbitration as provided in this Section. The |
15 | | employer and employees
shall forthwith advise the other and |
16 | | the Board of their selections.
|
17 | | (c) Within 7 days after the request of either party, the |
18 | | parties shall request a panel of impartial arbitrators from |
19 | | which they shall select the neutral chairman according to the |
20 | | procedures provided in this Section. If the parties have |
21 | | agreed to a contract that contains a grievance resolution |
22 | | procedure as provided in Section 8, the chairman shall be |
23 | | selected using their agreed contract procedure unless they |
24 | | mutually agree to another procedure. If the parties fail to |
25 | | notify the Board of their selection of neutral chairman within |
26 | | 7 days after receipt of the list of impartial arbitrators, the |
|
| | HB1398 Engrossed | - 3 - | LRB103 25903 DTM 52254 b |
|
|
1 | | Board shall appoint, at random, a neutral chairman from the |
2 | | list. In the absence of an agreed contract procedure for |
3 | | selecting an impartial arbitrator, either party may request a |
4 | | panel from the Board. Within 7 days of the request of either |
5 | | party, the Board shall select
from the Public Employees Labor |
6 | | Mediation Roster 7 persons who are on the
labor arbitration |
7 | | panels of either the American Arbitration Association or
the |
8 | | Federal Mediation and Conciliation Service, or who are members |
9 | | of the
National Academy of Arbitrators, as nominees for
|
10 | | impartial arbitrator of the arbitration panel. The parties may |
11 | | select an
individual on the list provided by the Board or any |
12 | | other individual
mutually agreed upon by the parties. Within 7 |
13 | | days following the receipt
of the list, the parties shall |
14 | | notify the Board of the person they have
selected. Unless the |
15 | | parties agree on an alternate selection procedure,
they shall |
16 | | alternatively strike one name from the list provided by the
|
17 | | Board until only one name remains. A coin toss shall determine |
18 | | which party
shall strike the first name. If the parties fail to |
19 | | notify the Board in a
timely manner of their selection for |
20 | | neutral chairman, the Board shall
appoint a neutral chairman |
21 | | from the Illinois Public Employees
Mediation/Arbitration |
22 | | Roster.
|
23 | | (d) The chairman shall call a hearing to begin within 15 |
24 | | days and give
reasonable notice of the time and place of the |
25 | | hearing. The hearing
shall be held at the offices of the Board |
26 | | or at such other location as the
Board deems appropriate. The |
|
| | HB1398 Engrossed | - 4 - | LRB103 25903 DTM 52254 b |
|
|
1 | | chairman shall preside over the hearing and
shall take |
2 | | testimony. Any oral or documentary evidence and other data
|
3 | | deemed relevant by the arbitration panel may be received in |
4 | | evidence. The
proceedings shall be informal. Technical rules |
5 | | of evidence shall not apply
and the competency of the evidence |
6 | | shall not thereby be deemed impaired. A
verbatim record of the |
7 | | proceedings shall be made and the arbitrator shall
arrange for |
8 | | the necessary recording service. Transcripts may be ordered at
|
9 | | the expense of the party ordering them, but the transcripts |
10 | | shall not be
necessary for a decision by the arbitration |
11 | | panel. The expense of the
proceedings, including a fee for the |
12 | | chairman, shall be borne equally by each of the parties to the |
13 | | dispute.
The delegates, if public officers or employees, shall |
14 | | continue on the
payroll of the public employer without loss of |
15 | | pay. The hearing conducted
by the arbitration panel may be |
16 | | adjourned from time to time, but unless
otherwise agreed by |
17 | | the parties, shall be concluded within 30 days of the
time of |
18 | | its commencement. Majority actions and rulings shall |
19 | | constitute
the actions and rulings of the arbitration panel. |
20 | | Arbitration proceedings
under this Section shall not be |
21 | | interrupted or terminated by reason of any
unfair labor |
22 | | practice charge filed by either party at any time.
|
23 | | (e) The arbitration panel may administer oaths, require |
24 | | the attendance
of witnesses, and the production of such books, |
25 | | papers, contracts, agreements
and documents as may be deemed |
26 | | by it material to a just determination of
the issues in |
|
| | HB1398 Engrossed | - 5 - | LRB103 25903 DTM 52254 b |
|
|
1 | | dispute, and for such purpose may issue subpoenas. If any
|
2 | | person refuses to obey a subpoena, or refuses to be sworn or to |
3 | | testify,
or if any witness, party or attorney is guilty of any |
4 | | contempt while in
attendance at any hearing, the arbitration |
5 | | panel may, or the attorney general
if requested shall, invoke |
6 | | the aid of any circuit court within the jurisdiction
in which |
7 | | the hearing is being held, which court shall issue an |
8 | | appropriate
order. Any failure to obey the order may be |
9 | | punished by the court as contempt.
|
10 | | (f) At any time before the rendering of an award, the |
11 | | chairman of the
arbitration panel, if he is of the opinion that |
12 | | it would be useful or
beneficial to do so, may remand the |
13 | | dispute to the parties for further
collective bargaining for a |
14 | | period not to exceed 2 weeks. If the dispute
is remanded for |
15 | | further collective bargaining the time provisions of this
Act |
16 | | shall be extended for a time period equal to that of the |
17 | | remand. The
chairman of the panel of arbitration shall notify |
18 | | the Board of the remand.
|
19 | | (g) At or before the conclusion of the hearing held |
20 | | pursuant to subsection
(d), the arbitration panel shall |
21 | | identify the economic issues in dispute,
and direct each of |
22 | | the parties to submit, within such time limit as the
panel |
23 | | shall prescribe, to the arbitration panel and to each other |
24 | | its last
offer of settlement on each economic issue. The |
25 | | determination of the
arbitration panel as to the issues in |
26 | | dispute and as to which of these
issues are economic shall be |
|
| | HB1398 Engrossed | - 6 - | LRB103 25903 DTM 52254 b |
|
|
1 | | conclusive. The arbitration panel, within 30
days after the |
2 | | conclusion of the hearing, or such further additional
periods |
3 | | to which the parties may agree, shall make written findings of |
4 | | fact
and promulgate a written opinion and shall mail or |
5 | | otherwise deliver a true
copy thereof to the parties and their |
6 | | representatives and to the Board. As
to each economic issue, |
7 | | the arbitration panel shall adopt the last offer of
settlement |
8 | | which, in the opinion of the arbitration panel, more nearly
|
9 | | complies with the applicable factors prescribed in subsection |
10 | | (h). The
findings, opinions and order as to all other issues |
11 | | shall be based upon the
applicable factors prescribed in |
12 | | subsection (h).
|
13 | | (h) Where there is no agreement between the parties, or |
14 | | where there is
an agreement but the parties have begun |
15 | | negotiations or discussions looking
to a new agreement or |
16 | | amendment of the existing agreement, and wage rates
or other |
17 | | conditions of employment under the proposed new or amended |
18 | | agreement
are in dispute, the arbitration panel shall base its |
19 | | findings, opinions
and order upon the following factors, as |
20 | | applicable:
|
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 |
|
| | HB1398 Engrossed | - 7 - | LRB103 25903 DTM 52254 b |
|
|
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 |
26 | | decision shall be
limited to wages, hours, and conditions of |
|
| | HB1398 Engrossed | - 8 - | LRB103 25903 DTM 52254 b |
|
|
1 | | employment (which may include
residency requirements in |
2 | | municipalities with a population under 1,000,000 100,000 , but
|
3 | | those residency requirements shall not allow residency outside |
4 | | of Illinois)
and shall not include
the following: i) residency |
5 | | requirements in municipalities with a population
of at least |
6 | | 1,000,000 100,000 ; ii) the type of equipment, other
than |
7 | | uniforms, issued or used; iii) manning; iv) the total number |
8 | | of
employees employed by the department; v) mutual aid and |
9 | | assistance
agreements to other units of government; and vi) |
10 | | the criterion pursuant to
which force, including deadly force, |
11 | | can be used; provided, nothing herein
shall preclude an |
12 | | arbitration decision regarding equipment or manning
levels if |
13 | | such decision is based on a finding that the equipment or |
14 | | manning
considerations in a specific work assignment involve a |
15 | | serious risk to the
safety of a peace officer beyond that which |
16 | | is inherent in the normal
performance of police duties. |
17 | | Limitation of the terms of the arbitration
decision pursuant |
18 | | to this subsection shall not be construed to limit the
factors |
19 | | upon which the decision may be based, as set forth in |
20 | | subsection (h).
|
21 | | In the case of fire fighter, and fire department or fire |
22 | | district paramedic
matters, the arbitration decision shall be |
23 | | limited to wages, hours, and
conditions of employment |
24 | | (including manning and also including residency requirements |
25 | | in
municipalities with a population under 1,000,000, but those |
26 | | residency
requirements shall not allow residency outside of |
|
| | HB1398 Engrossed | - 9 - | LRB103 25903 DTM 52254 b |
|
|
1 | | Illinois) and shall not
include the
following matters: i) |
2 | | residency requirements in municipalities with a
population of |
3 | | at least 1,000,000; ii) the type of equipment (other than
|
4 | | uniforms and fire fighter turnout gear) issued or used; iii) |
5 | | the total
number of employees employed by the department; iv) |
6 | | mutual aid and
assistance agreements to other units of |
7 | | government; and v) the criterion
pursuant to which force, |
8 | | including deadly force, can be used; provided,
however, |
9 | | nothing herein shall preclude an arbitration decision |
10 | | regarding
equipment levels if such decision is based on a |
11 | | finding that the equipment
considerations in a specific work |
12 | | assignment involve a serious risk to the
safety of a fire |
13 | | fighter beyond that which is inherent in the normal
|
14 | | performance of fire fighter duties. Limitation of the terms of |
15 | | the
arbitration decision pursuant to this subsection shall not |
16 | | be construed to
limit the facts upon which the decision may be |
17 | | based, as set forth in
subsection (h).
|
18 | | The changes to this subsection (i) made by Public Act |
19 | | 90-385 (relating to residency requirements) do not
apply to |
20 | | persons who are employed by a combined department that |
21 | | performs both
police and firefighting services; these persons |
22 | | shall be governed by the
provisions of this subsection (i) |
23 | | relating to peace officers, as they existed
before the |
24 | | amendment by Public Act 90-385.
|
25 | | To preserve historical bargaining rights, this subsection |
26 | | shall not apply
to any provision of a fire fighter collective |
|
| | HB1398 Engrossed | - 10 - | LRB103 25903 DTM 52254 b |
|
|
1 | | bargaining agreement in effect
and applicable on the effective |
2 | | date of this Act; provided, however, nothing
herein shall |
3 | | preclude arbitration with respect to any such provision.
|
4 | | (j) Arbitration procedures shall be deemed to be initiated |
5 | | by the
filing of a letter requesting mediation as required |
6 | | under subsection (a)
of this Section. The commencement of a |
7 | | new municipal fiscal year after the
initiation of arbitration |
8 | | procedures under this Act, but before the
arbitration |
9 | | decision, or its enforcement, shall not be deemed to render a
|
10 | | dispute moot, or to otherwise impair the jurisdiction or |
11 | | authority of the
arbitration panel or its decision. Increases |
12 | | in rates
of compensation awarded by the arbitration panel may |
13 | | be effective only at
the start of the fiscal year next |
14 | | commencing after the date of the arbitration
award. If a new |
15 | | fiscal year has commenced either since the initiation of
|
16 | | arbitration procedures under this Act or since any mutually |
17 | | agreed
extension of the statutorily required period of |
18 | | mediation
under this Act by the parties to the labor dispute |
19 | | causing a
delay in the initiation of arbitration, the |
20 | | foregoing limitations shall be
inapplicable, and such awarded |
21 | | increases may be retroactive to the
commencement of the fiscal |
22 | | year, any other statute or charter provisions to
the contrary, |
23 | | notwithstanding. At any time the parties, by stipulation, may
|
24 | | amend or modify an award of arbitration.
|
25 | | (k) Orders of the arbitration panel shall be reviewable, |
26 | | upon
appropriate petition by either the public employer or the |
|
| | HB1398 Engrossed | - 11 - | LRB103 25903 DTM 52254 b |
|
|
1 | | exclusive
bargaining representative, by the circuit court for |
2 | | the county in which the
dispute arose or in which a majority of |
3 | | the affected employees reside, but
only for reasons that the |
4 | | arbitration panel was without or exceeded its
statutory |
5 | | authority; the order is arbitrary, or capricious; or the order
|
6 | | was procured by fraud, collusion or other similar and unlawful |
7 | | means. Such
petitions for review must be filed with the |
8 | | appropriate circuit court
within 90 days following the |
9 | | issuance of the arbitration order. The
pendency of such |
10 | | proceeding for review shall not automatically stay the
order |
11 | | of the arbitration panel. The party against whom the final |
12 | | decision
of any such court shall be adverse, if such court |
13 | | finds such appeal or
petition to be frivolous, shall pay |
14 | | reasonable attorneys' fees and costs to
the successful party |
15 | | as determined by said court in its discretion. If said
court's |
16 | | decision affirms the award of money, such award, if |
17 | | retroactive,
shall bear interest at the rate of 12 percent per |
18 | | annum from the effective
retroactive date.
|
19 | | (l) During the pendency of proceedings before the |
20 | | arbitration panel,
existing wages, hours, and other conditions |
21 | | of employment shall not be
changed by action of either party |
22 | | without the consent of the other but a
party may so consent |
23 | | without prejudice to his rights or position under
this Act. |
24 | | The proceedings are deemed to be pending before the |
25 | | arbitration
panel upon the initiation of arbitration |
26 | | procedures under this Act.
|
|
| | HB1398 Engrossed | - 12 - | LRB103 25903 DTM 52254 b |
|
|
1 | | (m) Security officers of public employers, and Peace |
2 | | Officers, Fire
Fighters and fire department and fire |
3 | | protection district paramedics,
covered by this Section may |
4 | | not withhold services, nor may public employers
lock out or |
5 | | prevent such employees from performing services at any time.
|
6 | | (n) All of the terms decided upon by the arbitration panel |
7 | | shall be included
in an agreement to be submitted to the public |
8 | | employer's governing body
for ratification and adoption by |
9 | | law, ordinance or the equivalent
appropriate means.
|
10 | | The governing body shall review each term decided by the |
11 | | arbitration panel.
If the governing body fails to reject one |
12 | | or more terms of the
arbitration panel's decision by a 3/5 vote |
13 | | of those duly elected and
qualified members of the governing |
14 | | body, within 20 days of issuance, or
in the case of |
15 | | firefighters employed by a state university, at the next
|
16 | | regularly scheduled meeting of the governing body after |
17 | | issuance, such
term or terms shall become a part of the |
18 | | collective bargaining agreement of
the parties. If the |
19 | | governing body affirmatively rejects one or more terms
of the |
20 | | arbitration panel's decision, it must provide reasons for such
|
21 | | rejection with respect to each term so rejected, within 20 |
22 | | days of such
rejection and the parties shall return to the |
23 | | arbitration panel
for further proceedings and issuance of a |
24 | | supplemental decision with respect
to the rejected terms. Any |
25 | | supplemental decision by an arbitration panel
or other |
26 | | decision maker agreed to by the parties shall be submitted to
|
|
| | HB1398 Engrossed | - 13 - | LRB103 25903 DTM 52254 b |
|
|
1 | | the governing body for ratification and adoption in accordance |
2 | | with the
procedures and voting requirements set forth in this |
3 | | Section.
The voting requirements of this subsection shall |
4 | | apply to all disputes
submitted to arbitration pursuant to |
5 | | this Section notwithstanding any
contrary voting requirements |
6 | | contained in any existing collective
bargaining agreement |
7 | | between the parties.
|
8 | | (o) If the governing body of the employer votes to reject |
9 | | the panel's
decision, the parties shall return to the panel |
10 | | within 30 days from the
issuance of the reasons for rejection |
11 | | for further proceedings and issuance
of a supplemental |
12 | | decision. All reasonable costs of such supplemental
proceeding |
13 | | including the exclusive representative's reasonable attorney's
|
14 | | fees, as established by the Board, shall be paid by the |
15 | | employer.
|
16 | | (p) Notwithstanding the provisions of this Section the |
17 | | employer and
exclusive representative may agree to submit |
18 | | unresolved disputes concerning
wages, hours, terms and |
19 | | conditions of employment to an alternative form of
impasse |
20 | | resolution.
|
21 | | The amendatory changes to this Section made by Public Act |
22 | | 101-652 take effect July 1, 2022. |
23 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
|
24 | | Section 99. Effective date. This Act takes effect upon |
25 | | becoming law.
|