Sen. Don Harmon

Filed: 5/28/2015





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2    AMENDMENT NO. ______. Amend House Bill 1285 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 7 as follows:
6    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
7    Sec. 7. Duty to bargain. A public employer and the
8exclusive representative have the authority and the duty to
9bargain collectively set forth in this Section.
10    For the purposes of this Act, "to bargain collectively"
11means the performance of the mutual obligation of the public
12employer or his designated representative and the
13representative of the public employees to meet at reasonable
14times, including meetings in advance of the budget-making
15process, and to negotiate in good faith with respect to wages,
16hours, and other conditions of employment, not excluded by



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1Section 4 of this Act, or the negotiation of an agreement, or
2any question arising thereunder and the execution of a written
3contract incorporating any agreement reached if requested by
4either party, but such obligation does not compel either party
5to agree to a proposal or require the making of a concession.
6    The duty "to bargain collectively" shall also include an
7obligation to negotiate over any matter with respect to wages,
8hours and other conditions of employment, not specifically
9provided for in any other law or not specifically in violation
10of the provisions of any law. If any other law pertains, in
11part, to a matter affecting the wages, hours and other
12conditions of employment, such other law shall not be construed
13as limiting the duty "to bargain collectively" and to enter
14into collective bargaining agreements containing clauses which
15either supplement, implement, or relate to the effect of such
16provisions in other laws.
17    The duty "to bargain collectively" shall also include
18negotiations as to the terms of a collective bargaining
19agreement. The parties may, by mutual agreement, provide for
20arbitration of impasses resulting from their inability to agree
21upon wages, hours and terms and conditions of employment to be
22included in a collective bargaining agreement. Such
23arbitration provisions shall be subject to the Illinois
24"Uniform Arbitration Act" unless agreed by the parties.
25    The duty "to bargain collectively" shall also mean that no
26party to a collective bargaining contract shall terminate or



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1modify such contract, unless the party desiring such
2termination or modification:
3        (1) serves a written notice upon the other party to the
4    contract of the proposed termination or modification 60
5    days prior to the expiration date thereof, or in the event
6    such contract contains no expiration date, 60 days prior to
7    the time it is proposed to make such termination or
8    modification;
9        (2) offers to meet and confer with the other party for
10    the purpose of negotiating a new contract or a contract
11    containing the proposed modifications;
12        (3) notifies the Board within 30 days after such notice
13    of the existence of a dispute, provided no agreement has
14    been reached by that time; and
15        (4) continues in full force and effect, without
16    resorting to strike or lockout, all the terms and
17    conditions of the existing contract for a period of 60 days
18    after such notice is given to the other party or until the
19    expiration date of such contract, whichever occurs later.
20    The duties imposed upon employers, employees and labor
21organizations by paragraphs (2), (3) and (4) shall become
22inapplicable upon an intervening certification of the Board,
23under which the labor organization, which is a party to the
24contract, has been superseded as or ceased to be the exclusive
25representative of the employees pursuant to the provisions of
26subsection (a) of Section 9, and the duties so imposed shall



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1not be construed as requiring either party to discuss or agree
2to any modification of the terms and conditions contained in a
3contract for a fixed period, if such modification is to become
4effective before such terms and conditions can be reopened
5under the provisions of the contract.
6    Collective bargaining for home care and home health workers
7who function as personal assistants and individual maintenance
8home health workers under the Home Services Program shall be
9limited to the terms and conditions of employment under the
10State's control, as defined in Public Act 93-204 or this
11amendatory Act of the 97th General Assembly, as applicable.
12    Collective bargaining for child and day care home providers
13under the child care assistance program shall be limited to the
14terms and conditions of employment under the State's control,
15as defined in this amendatory Act of the 94th General Assembly.
16    Notwithstanding any other provision of this Section,
17whenever collective bargaining is for the purpose of
18establishing an initial agreement following original
19certification of units with fewer than 35 employees, with
20respect to public employees other than peace officers, fire
21fighters, and security employees, the following apply:
22        (1) Not later than 10 days after receiving a written
23    request for collective bargaining from a labor
24    organization that has been newly certified as a
25    representative as defined in Section 6(c), or within such
26    further period as the parties agree upon, the parties shall



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1    meet and commence to bargain collectively and shall make
2    every reasonable effort to conclude and sign a collective
3    bargaining agreement.
4        (2) If anytime after the expiration of the 90-day
5    period beginning on the date on which bargaining is
6    commenced the parties have failed to reach an agreement,
7    either party may notify the Illinois Public Labor Relations
8    Board of the existence of a dispute and request mediation
9    in accordance with the provisions of Section 14 of this
10    Act.
11        (3) If after the expiration of the 30-day period
12    beginning on the date on which mediation commenced, or such
13    additional period as the parties may agree upon, the
14    mediator is not able to bring the parties to agreement by
15    conciliation, either the exclusive representative of the
16    employees or the employer may request of the other, in
17    writing, arbitration and shall submit a copy of the request
18    to the board. Upon submission of the request for
19    arbitration, the parties shall be required to participate
20    in the impasse arbitration procedures set forth in Section
21    14 of this Act, except the right to strike shall not be
22    considered waived pursuant to Section 17 of this Act, until
23    the actual convening of the arbitration hearing.
24    With respect to collective bargaining agreements, expiring
25on or after June 30, 2015 but on or before June 30, 2019,
26between the State of Illinois and a unit or units of employees



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1of State agencies which are not resolved by the expiration date
2of the agreement, mediation of the outstanding issues shall be
3initiated within 30 days from the expiration of the agreement
4or the effective date of this amendatory Act of the 99th
5General Assembly. Should a mediator be unable to bring the
6parties to agreement through conciliation within 30 days of the
7commencement of mediation, or such additional period as the
8parties may mutually agree on, either party may initiate the
9impasse arbitration procedures pursuant to Section 14 of this
10Act except that for the purpose of determining the jurisdiction
11or authority of the arbitration panel, arbitration procedures
12shall be deemed to have been initiated prior to the
13commencement of any fiscal year occurring after the expiration
14of the agreement. The provisions of an expired agreement shall
15be in full force and effect and conditions of employment shall
16not be changed by action of either party without the consent of
17the other until a successor agreement is adopted. The right to
18strike shall not be considered waived pursuant to Section 17 of
19this Act until the actual convening of the arbitration hearing.
20(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".