Illinois General Assembly - Full Text of HB1160
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Full Text of HB1160  102nd General Assembly



HB1160 EngrossedLRB102 03176 CMG 13189 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 13 as follows:
6    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
7    Sec. 13. Strikes.
8    (a) (Blank). Notwithstanding the existence of any other
9provision in this Act or other law, educational employees
10employed in school districts organized under Article 34 of the
11School Code shall not engage in a strike at any time during the
1218 month period that commences on the effective date of this
13amendatory Act of 1995. An educational employee employed in a
14school district organized under Article 34 of the School Code
15who participates in a strike in violation of this Section is
16subject to discipline by the employer. In addition, no
17educational employer organized under Article 34 of the School
18Code may pay or cause to be paid to an educational employee who
19participates in a strike in violation of this subsection any
20wages or other compensation for any period during which an
21educational employee participates in the strike, except for
22wages or compensation earned before participation in the
23strike. Notwithstanding the existence of any other provision



HB1160 Engrossed- 2 -LRB102 03176 CMG 13189 b

1in this Act or other law, during the 18-month period that
2strikes are prohibited under this subsection nothing in this
3subsection shall be construed to require an educational
4employer to submit to a binding dispute resolution process.
5    (b) Notwithstanding the existence of any other provision
6in this Act or any other law, educational employees other than
7those employed in a school district organized under Article 34
8of the School Code and, after the expiration of the 18 month
9period that commences on the effective date of this amendatory
10Act of 1995, educational employees in a school district
11organized under Article 34 of the School Code shall not engage
12in a strike except under the following conditions:
13        (1) they are represented by an exclusive bargaining
14    representative;
15        (2) mediation has been used without success and, for
16    educational employers and exclusive bargaining
17    representatives to which subsection (a-5) of Section 12 of
18    this Act applies, at least 14 days have elapsed after the
19    Board has made public the parties' offers;
20        (2.5) if fact-finding was invoked pursuant to
21    subsection (a-10) of Section 12 of this Act, at least 30
22    days have elapsed after a fact-finding report has been
23    released for public information;
24        (2.10) (blank); for educational employees employed in
25    a school district organized under Article 34 of the School
26    Code, at least three-fourths of all bargaining unit



HB1160 Engrossed- 3 -LRB102 03176 CMG 13189 b

1    employees who are members of the exclusive bargaining
2    representative have affirmatively voted to authorize the
3    strike; provided, however, that all members of the
4    exclusive bargaining representative at the time of a
5    strike authorization vote shall be eligible to vote;
6        (3) at least 10 days have elapsed after a notice of
7    intent to strike has been given by the exclusive
8    bargaining representative to the educational employer, the
9    regional superintendent and the Illinois Educational Labor
10    Relations Board;
11        (4) the collective bargaining agreement between the
12    educational employer and educational employees, if any,
13    has expired or been terminated; and
14        (5) the employer and the exclusive bargaining
15    representative have not mutually submitted the unresolved
16    issues to arbitration.
17    If, however, in the opinion of an employer the strike is or
18has become a clear and present danger to the health or safety
19of the public, the employer may initiate in the circuit court
20of the county in which such danger exists an action for relief
21which may include, but is not limited to, injunction. The
22court may grant appropriate relief upon the finding that such
23clear and present danger exists. An unfair practice or other
24evidence of lack of clean hands by the educational employer is
25a defense to such action. Except as provided for in this
26paragraph, the jurisdiction of the court under this Section is



HB1160 Engrossed- 4 -LRB102 03176 CMG 13189 b

1limited by the Labor Dispute Act.
2(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
3eff. 1-1-14.)
4    (115 ILCS 5/4.10 rep.)
5    Section 10. The Illinois Educational Labor Relations Act
6is amended by repealing Section 4.10.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.