093_HB2360eng

 
HB2360 Engrossed                     LRB093 06119 JAM 06224 b

 1        AN ACT in relation to public employees.

 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
 8    Fighter 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 of this Act,
13    unless the parties mutually agree to some other  time  limit,
14    mediation shall commence 30 days prior to the expiration date
15    of  such  agreement  or  at  such later time as the mediation
16    services chosen under subsection (b) of  Section  12  can  be
17    provided  to  the parties. In the case of negotiations for an
18    initial  collective  bargaining  agreement,  mediation  shall
19    commence upon 15 days notice from either  party  or  at  such
20    later  time  as  the  mediation  services  chosen pursuant to
21    subsection (b) of Section 12 can be provided to the  parties.
22    In mediation under this Section, if either party requests the
23    use  of  mediation  services  from  the Federal Mediation and
24    Conciliation Service, the other party shall  either  join  in
25    such  request  or  bear  the  additional  cost  of  mediation
26    services from another source.  The mediator shall have a duty
27    to  keep the Board informed on the progress of the mediation.
28    If any dispute has not been resolved within 15 days after the
29    first meeting of the parties and the mediator, or within such
30    other time limit as  may  be  mutually  agreed  upon  by  the
31    parties,  either the exclusive representative or employer may
 
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 1    request of the other,  in  writing,  arbitration,  and  shall
 2    submit a copy of the request to the Board.
 3        (b)  Within  10 days after such a request for arbitration
 4    has been made, the employer shall choose a delegate  and  the
 5    employees'  exclusive  representative shall choose a delegate
 6    to a panel of arbitration as provided in this  Section.   The
 7    employer  and  employees shall forthwith advise the other and
 8    the Board of their selections.
 9        (c)  Within 7 days of the request of  either  party,  the
10    Board  shall select from the Public Employees Labor Mediation
11    Roster 7 persons who are on the labor arbitration  panels  of
12    either  the  American  Arbitration Association or the Federal
13    Mediation and Conciliation Service, or who are members of the
14    National Academy of Arbitrators, as  nominees  for  impartial
15    arbitrator  of the arbitration panel.  The parties may select
16    an individual on the list provided by the Board or any  other
17    individual  mutually  agreed  upon  by the parties.  Within 7
18    days following the receipt of the  list,  the  parties  shall
19    notify  the  Board  of the person they have selected.  Unless
20    the parties agree on an alternate selection  procedure,  they
21    shall alternatively strike one name from the list provided by
22    the  Board  until  only  one name remains.  A coin toss shall
23    determine which party shall strike the first  name.   If  the
24    parties  fail to notify the Board in a timely manner of their
25    selection for neutral chairman, the  Board  shall  appoint  a
26    neutral   chairman   from   the   Illinois  Public  Employees
27    Mediation/Arbitration Roster.
28        (d)  The chairman shall call a hearing to begin within 15
29    days and give reasonable notice of the time and place of  the
30    hearing.   The  hearing  shall  be held at the offices of the
31    Board  or  at  such  other  location  as  the   Board   deems
32    appropriate.  The chairman shall preside over the hearing and
33    shall  take  testimony.  Any oral or documentary evidence and
34    other data deemed relevant by the arbitration  panel  may  be
 
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 1    received  in  evidence.   The  proceedings shall be informal.
 2    Technical  rules  of  evidence  shall  not  apply   and   the
 3    competency  of  the  evidence  shall  not  thereby  be deemed
 4    impaired.  A verbatim record of the proceedings shall be made
 5    and the arbitrator shall arrange for the necessary  recording
 6    service.   Transcripts  may  be ordered at the expense of the
 7    party  ordering  them,  but  the  transcripts  shall  not  be
 8    necessary for a  decision  by  the  arbitration  panel.   The
 9    expense of the proceedings, including a fee for the chairman,
10    established  in  advance by the Board, shall be borne equally
11    by each of the parties to the dispute.    The  delegates,  if
12    public  officers  or employees, shall continue on the payroll
13    of the public employer without  loss  of  pay.   The  hearing
14    conducted by the arbitration panel may be adjourned from time
15    to time, but unless otherwise agreed by the parties, shall be
16    concluded  within  30  days  of the time of its commencement.
17    Majority actions and rulings shall constitute the actions and
18    rulings of the arbitration  panel.   Arbitration  proceedings
19    under  this Section shall not be interrupted or terminated by
20    reason of any unfair labor practice charge  filed  by  either
21    party at any time.
22        (e)  The  arbitration panel may administer oaths, require
23    the attendance of  witnesses,  and  the  production  of  such
24    books,  papers, contracts, agreements and documents as may be
25    deemed by it material to a just determination of  the  issues
26    in dispute, and for such purpose may issue subpoenas.  If any
27    person  refuses to obey a subpoena, or refuses to be sworn or
28    to testify, or if any witness, party or attorney is guilty of
29    any  contempt  while  in  attendance  at  any  hearing,   the
30    arbitration  panel  may, or the attorney general if requested
31    shall, invoke  the  aid  of  any  circuit  court  within  the
32    jurisdiction  in which the hearing is being held, which court
33    shall issue an appropriate order.  Any failure  to  obey  the
34    order may be punished by the court as contempt.
 
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 1        (f)  At  any  time  before the rendering of an award, the
 2    chairman of the arbitration panel, if he is  of  the  opinion
 3    that  it  would  be useful or beneficial to do so, may remand
 4    the dispute to the parties for further collective  bargaining
 5    for  a  period  not  to  exceed  2  weeks.  If the dispute is
 6    remanded  for  further   collective   bargaining   the   time
 7    provisions  of  this  Act shall be extended for a time period
 8    equal to that of the remand.  The chairman of  the  panel  of
 9    arbitration shall notify the Board of the remand.
10        (g)  At  or  before  the  conclusion  of the hearing held
11    pursuant to  subsection  (d),  the  arbitration  panel  shall
12    identify  the  economic issues in dispute, and direct each of
13    the parties to submit, within such time limit  as  the  panel
14    shall  prescribe,  to the arbitration panel and to each other
15    its last offer of settlement on  each  economic  issue.   The
16    determination  of  the  arbitration panel as to the issues in
17    dispute and as to which of these issues are economic shall be
18    conclusive.  The arbitration panel, within 30 days after  the
19    conclusion of the hearing, or such further additional periods
20    to  which  the parties may agree, shall make written findings
21    of fact and promulgate a written opinion and  shall  mail  or
22    otherwise  deliver  a  true  copy  thereof to the parties and
23    their representatives and to the Board.  As to each  economic
24    issue,  the  arbitration  panel shall adopt the last offer of
25    settlement which, in the opinion of  the  arbitration  panel,
26    more  nearly  complies with the applicable factors prescribed
27    in subsection (h).  The findings, opinions and  order  as  to
28    all  other  issues shall be based upon the applicable factors
29    prescribed in subsection (h).
30        (h)  Where there is no agreement between the parties,  or
31    where  there  is  an  agreement  but  the  parties have begun
32    negotiations or discussions looking to  a  new  agreement  or
33    amendment  of the existing agreement, and wage rates or other
34    conditions of employment under the proposed  new  or  amended
 
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 1    agreement  are  in  dispute, the arbitration panel shall base
 2    its findings, opinions and order upon the following  factors,
 3    as applicable:
 4             (1)  The lawful authority of the employer.
 5             (2)  Stipulations of the parties.
 6             (3)  The interests and welfare of the public and the
 7        financial ability of the unit of government to meet those
 8        costs.
 9             (4)  Comparison  of  the wages, hours and conditions
10        of  employment  of  the   employees   involved   in   the
11        arbitration   proceeding   with   the  wages,  hours  and
12        conditions of employment of  other  employees  performing
13        similar services and with other employees generally:
14                  (A)  In   public   employment   in   comparable
15             communities.
16                  (B)  In   private   employment   in  comparable
17             communities.
18             (5)  The  average  consumer  prices  for  goods  and
19        services, commonly known as the cost of living.
20             (6)  The overall compensation presently received  by
21        the   employees,   including  direct  wage  compensation,
22        vacations, holidays and other excused time, insurance and
23        pensions,  medical  and  hospitalization  benefits,   the
24        continuity  and  stability  of  employment  and all other
25        benefits received.
26             (7)  Changes in any of the  foregoing  circumstances
27        during the pendency of the arbitration proceedings.
28             (8)  Such   other   factors,  not  confined  to  the
29        foregoing, which are normally or traditionally taken into
30        consideration in the determination of  wages,  hours  and
31        conditions  of  employment  through  voluntary collective
32        bargaining,  mediation,  fact-finding,   arbitration   or
33        otherwise  between  the parties, in the public service or
34        in private employment.
 
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 1        (i)  In the  case  of  peace  officers,  the  arbitration
 2    decision  shall be limited to wages, hours, and conditions of
 3    employment  (which  may  include  residency  requirements  in
 4    municipalities with a population under 1,000,000,  but  those
 5    residency  requirements  shall not allow residency outside of
 6    Illinois) and shall not include the following:  i)  residency
 7    requirements  in municipalities with a population of at least
 8    1,000,000; ii) the type of equipment,  other  than  uniforms,
 9    issued  or  used;  iii)  manning;  iv)  the  total  number of
10    employees employed by  the  department;  v)  mutual  aid  and
11    assistance  agreements  to other units of government; and vi)
12    the criterion  pursuant  to  which  force,  including  deadly
13    force,  can  be used; provided, nothing herein shall preclude
14    an arbitration decision regarding equipment or manning levels
15    if such decision is based on a finding that the equipment  or
16    manning  considerations in a specific work assignment involve
17    a serious risk to the safety of a peace officer  beyond  that
18    which is inherent in the normal performance of police duties.
19    Limitation  of the terms of the arbitration decision pursuant
20    to this subsection  shall  not  be  construed  to  limit  the
21    factors upon which the decision may be based, as set forth in
22    subsection (h).
23        In  the case of fire fighter, and fire department or fire
24    district paramedic matters, the arbitration decision shall be
25    limited to wages, hours, and conditions of employment  (which
26    may  include  residency requirements in municipalities with a
27    population under 1,000,000, but those residency  requirements
28    shall  not allow residency outside of Illinois) and shall not
29    include the following matters: i) residency  requirements  in
30    municipalities  with  a population of at least 1,000,000; ii)
31    the type of equipment (other than  uniforms and fire  fighter
32    turnout  gear)  issued  or  used;  iii)  the  total number of
33    employees employed by the  department;  iv)  mutual  aid  and
34    assistance  agreements  to  other units of government; and v)
 
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 1    the criterion  pursuant  to  which  force,  including  deadly
 2    force,  can  be used; provided, however, nothing herein shall
 3    preclude an arbitration decision regarding  equipment  levels
 4    if  such  decision  is  based on a finding that the equipment
 5    considerations  in  a  specific  work  assignment  involve  a
 6    serious risk to the safety of  a  fire  fighter  beyond  that
 7    which  is  inherent in the normal performance of fire fighter
 8    duties.  Limitation of the terms of the arbitration  decision
 9    pursuant  to  this subsection shall not be construed to limit
10    the facts upon which the decision may be based, as set  forth
11    in subsection (h).
12        The  changes  to  this  subsection (i) made by Public Act
13    90-385 (relating to residency requirements) do not  apply  to
14    persons  who  are  employed  by  a  combined  department that
15    performs both police and firefighting services; these persons
16    shall be governed by the provisions of  this  subsection  (i)
17    relating  to  peace  officers,  as  they  existed  before the
18    amendment by Public Act 90-385.
19        To preserve historical bargaining rights, this subsection
20    shall not apply to any provision of a fire fighter collective
21    bargaining  agreement  in  effect  and  applicable   on   the
22    effective date of this Act; provided, however, nothing herein
23    shall   preclude   arbitration   with  respect  to  any  such
24    provision.
25        (j)  Arbitration  procedures  shall  be  deemed   to   be
26    initiated  by  the filing of a letter requesting mediation as
27    required  under  subsection  (a)  of   this   Section.    The
28    commencement  of  a  new  municipal  fiscal  year  after  the
29    initiation  of  arbitration  procedures  under  this Act, but
30    before the arbitration decision, or  its  enforcement,  shall
31    not  be  deemed  to  render  a  dispute moot, or to otherwise
32    impair the jurisdiction or authority of the arbitration panel
33    or its decision.  Increases in rates of compensation  awarded
34    by  the  arbitration panel may be effective only at the start
 
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 1    of the fiscal year next commencing  after  the  date  of  the
 2    arbitration award.  If a new fiscal year has commenced either
 3    since the initiation of arbitration procedures under this Act
 4    or  since  any  mutually  agreed extension of the statutorily
 5    required period of mediation under this Act by the parties to
 6    the labor dispute  causing  a  delay  in  the  initiation  of
 7    arbitration, the foregoing limitations shall be inapplicable,
 8    and   such  awarded  increases  may  be  retroactive  to  the
 9    commencement of the fiscal year, any other statute or charter
10    provisions to the contrary, notwithstanding. At any time  the
11    parties,  by  stipulation,  may  amend  or modify an award of
12    arbitration.
13        (k)  Orders of the arbitration panel shall be reviewable,
14    upon appropriate petition by either the  public  employer  or
15    the exclusive bargaining representative, by the circuit court
16    for  the  county  in  which  the  dispute arose or in which a
17    majority of the  affected  employees  reside,  but  only  for
18    reasons  that  the  arbitration panel was without or exceeded
19    its  statutory  authority;  the  order   is   arbitrary,   or
20    capricious;  or the order was procured by fraud, collusion or
21    other similar and unlawful means.  Such petitions for  review
22    must  be  filed  with the appropriate circuit court within 90
23    days following the issuance of the  arbitration  order.   The
24    pendency   of   such   proceeding   for   review   shall  not
25    automatically stay the order of the arbitration  panel.   The
26    party against whom the final decision of any such court shall
27    be adverse, if such court finds such appeal or petition to be
28    frivolous,  shall pay reasonable attorneys' fees and costs to
29    the successful party as  determined  by  said  court  in  its
30    discretion.  If  said  court's  decision affirms the award of
31    money, such award, if retroactive, shall bear interest at the
32    rate of 12 percent per annum from the  effective  retroactive
33    date.
34        (l)  During   the  pendency  of  proceedings  before  the
 
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 1    arbitration  panel,  existing   wages,   hours,   and   other
 2    conditions  of  employment  shall not be changed by action of
 3    either party without the consent of the other but a party may
 4    so consent without prejudice to his rights or position  under
 5    this  Act.   The  proceedings are deemed to be pending before
 6    the arbitration panel  upon  the  initiation  of  arbitration
 7    procedures under this Act.
 8        (m)  Security  officers  of  public  employers, and Peace
 9    Officers,  Fire  Fighters  and  fire  department   and   fire
10    protection  district  paramedics, covered by this Section may
11    not withhold services, nor may public employers lock  out  or
12    prevent such employees from performing services at any time.
13        (n)  All  of  the  terms  decided upon by the arbitration
14    panel shall be included in an agreement to  be  submitted  to
15    the  public  employer's  governing  body for ratification and
16    adoption by law,  ordinance  or  the  equivalent  appropriate
17    means.
18        The  governing body shall review each term decided by the
19    arbitration panel.  If the governing body fails to reject one
20    or more  terms of the arbitration panel's decision by  a  3/5
21    vote  of  those  duly  elected  and  qualified members of the
22    governing body, within 20 days of issuance, or in the case of
23    firefighters employed by a  state  university,  at  the  next
24    regularly  scheduled  meeting  of  the  governing  body after
25    issuance, such term or terms  shall  become  a  part  of  the
26    collective  bargaining  agreement  of  the  parties.   If the
27    governing body affirmatively rejects one or more terms of the
28    arbitration panel's decision, it  must  provide  reasons  for
29    such  rejection with respect to each term so rejected, within
30    20 days of such rejection and the parties shall return to the
31    arbitration panel for further proceedings and issuance  of  a
32    supplemental  decision  with  respect  to the rejected terms.
33    Any supplemental decision by an arbitration  panel  or  other
34    decision maker agreed to by the parties shall be submitted to
 
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 1    the   governing   body   for  ratification  and  adoption  in
 2    accordance with the procedures and  voting  requirements  set
 3    forth  in  this  Section.  The  voting  requirements  of this
 4    subsection  shall  apply  to  all   disputes   submitted   to
 5    arbitration  pursuant  to  this  Section  notwithstanding any
 6    contrary  voting  requirements  contained  in  any   existing
 7    collective bargaining agreement between the parties.
 8        (o)  If  the  governing  body  of  the  employer votes to
 9    reject the panel's decision, the parties shall return to  the
10    panel  within  30  days  from the issuance of the reasons for
11    rejection  for  further  proceedings  and   issuance   of   a
12    supplemental   decision.    All   reasonable  costs  of  such
13    supplemental    proceeding    including     the     exclusive
14    representative's  reasonable  attorney's fees, as established
15    by the Board, shall be paid by the 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    (Source: P.A. 89-195, eff.  7-21-95;  90-202,  eff.  7-24-97;
22    90-385, eff. 8-15-97; 90-655, eff. 7-30-98.)