Full Text of HB1197 97th General Assembly
HB1197enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. If and only if Senate Bill 7 as passed by the | 5 | | 97th General Assembly becomes law, the Illinois Educational | 6 | | Labor Relations Act is amended by changing Sections 4.5, 12, | 7 | | and 13 as follows:
| 8 | | (115 ILCS 5/4.5)
| 9 | | Sec. 4.5. Subjects of collective bargaining.
| 10 | | (a) Notwithstanding the existence of any other provision in | 11 | | this Act or
other law, collective bargaining between an | 12 | | educational employer whose
territorial boundaries are | 13 | | coterminous with those of a city having a population
in
excess | 14 | | of 500,000 and an exclusive representative of its employees may
| 15 | | include any of the following
subjects:
| 16 | | (1) (Blank).
| 17 | | (2) Decisions to contract with a third party for one or | 18 | | more services
otherwise performed by employees in a | 19 | | bargaining unit and the
procedures for
obtaining such | 20 | | contract or the identity of the third party.
| 21 | | (3) Decisions to layoff or reduce in force employees.
| 22 | | (4) Decisions to determine class size, class staffing | 23 | | and assignment,
class
schedules, academic calendar, length |
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| 1 | | of the work and school day with respect to a public school | 2 | | district organized under Article 34 of the School Code | 3 | | only , length of the work and school year with respect to a | 4 | | public school district organized under Article 34 of the | 5 | | School Code only , hours and places of instruction, or pupil
| 6 | | assessment policies.
| 7 | | (5) Decisions concerning use and staffing of | 8 | | experimental or pilot
programs and
decisions concerning | 9 | | use of technology to deliver educational programs and
| 10 | | services and staffing to provide the technology.
| 11 | | (b) The subject or matters described in subsection (a) are | 12 | | permissive
subjects of bargaining between an educational | 13 | | employer and an exclusive
representative of its employees and, | 14 | | for the purpose of this Act, are within
the sole
discretion of | 15 | | the educational employer to decide
to bargain, provided that | 16 | | the educational employer is required to bargain
over the impact | 17 | | of a decision concerning such subject or matter on the
| 18 | | bargaining unit upon request by the exclusive representative. | 19 | | During
this bargaining, the educational employer shall not be | 20 | | precluded from
implementing its decision. If, after a | 21 | | reasonable period of bargaining, a
dispute or impasse exists | 22 | | between the educational employer and the
exclusive | 23 | | representative, the dispute or impasse shall be resolved | 24 | | exclusively
as set
forth in subsection (b) of Section 12 of | 25 | | this Act in lieu of a strike under
Section 13 of this Act. | 26 | | Neither the Board nor any mediator or fact-finder appointed |
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| 1 | | pursuant to subsection (a-10) of Section 12 of this Act shall | 2 | | have jurisdiction over such a dispute or impasse.
| 3 | | (c) A provision in a collective bargaining agreement that | 4 | | was rendered
null
and void
because it involved a
prohibited | 5 | | subject of collective bargaining
under this subsection (c) as | 6 | | this subsection (c) existed before the effective
date of
this | 7 | | amendatory Act of the 93rd General Assembly
remains null and | 8 | | void and
shall not otherwise be reinstated in any successor | 9 | | agreement unless the
educational employer and exclusive | 10 | | representative otherwise agree to
include an agreement reached | 11 | | on a subject or matter described in
subsection (a) of this | 12 | | Section as subsection (a) existed before this amendatory
Act of
| 13 | | the 93rd General Assembly.
| 14 | | (Source: P.A. 93-3, eff. 4-16-03; 09700SB0007enr.)
| 15 | | (115 ILCS 5/12) (from Ch. 48, par. 1712)
| 16 | | Sec. 12. Impasse procedures.
| 17 | | (a) This subsection (a) applies only to collective | 18 | | bargaining between an educational employer that is not a public | 19 | | school district organized under Article 34 of the School Code | 20 | | and an exclusive representative of its employees. If the | 21 | | parties engaged in collective
bargaining have not reached an | 22 | | agreement by 90 days before the scheduled
start of the | 23 | | forthcoming school year, the parties shall notify the Illinois
| 24 | | Educational Labor Relations Board concerning the status of | 25 | | negotiations. This notice shall include a statement on whether |
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| 1 | | mediation has been used.
| 2 | | Upon demand of either party, collective bargaining between | 3 | | the employer
and an exclusive bargaining representative must | 4 | | begin within 60 days of
the date of certification of the | 5 | | representative by the Board, or in the case
of an existing | 6 | | exclusive bargaining representative, within 60 days of the
| 7 | | receipt by a party of a demand to bargain issued by the other | 8 | | party. Once
commenced, collective bargaining must continue for | 9 | | at least a 60 day
period, unless a contract is entered into.
| 10 | | Except as otherwise provided in subsection (b) of this | 11 | | Section, if after
a reasonable period of negotiation and within | 12 | | 90 days of the
scheduled start of the forth-coming school year, | 13 | | the parties engaged in
collective bargaining have reached an | 14 | | impasse, either party may petition
the Board to initiate | 15 | | mediation. Alternatively, the Board on its own
motion may | 16 | | initiate mediation during this period. However, mediation | 17 | | shall
be initiated by the Board at any time when jointly | 18 | | requested by the parties
and the services of the mediators | 19 | | shall continuously be made available to
the employer and to the | 20 | | exclusive bargaining representative for purposes of
| 21 | | arbitration of grievances and mediation or arbitration of | 22 | | contract
disputes. If requested by the parties, the mediator | 23 | | may perform
fact-finding and in so doing conduct hearings and | 24 | | make written findings and
recommendations for resolution of the | 25 | | dispute. Such mediation shall be
provided by the Board and | 26 | | shall be held before qualified impartial
individuals. Nothing |
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| 1 | | prohibits the use of other individuals or
organizations such as | 2 | | the Federal Mediation and Conciliation Service or the
American | 3 | | Arbitration Association selected by both the exclusive | 4 | | bargaining
representative and the employer.
| 5 | | If the parties engaged in collective bargaining fail to | 6 | | reach an agreement
within 45 days of the scheduled start of the | 7 | | forthcoming school year and
have not requested mediation, the | 8 | | Illinois Educational Labor Relations Board
shall invoke | 9 | | mediation.
| 10 | | Whenever mediation is initiated or invoked under this | 11 | | subsection (a), the
parties may stipulate to defer selection of | 12 | | a mediator in accordance with
rules adopted by the Board.
| 13 | | (a-5) This subsection (a-5) applies only to collective | 14 | | bargaining between a public school district or a combination of | 15 | | public school districts, including, but not limited to, joint | 16 | | cooperatives, that is not organized under Article 34 of the | 17 | | School Code and an exclusive representative of its employees. | 18 | | (1) Any time 15 days after mediation has commenced | 19 | | after 15 days of mediation , either party may declare an | 20 | | impasse. The mediator may declare an impasse at any time | 21 | | during the mediation process. Notification of an impasse | 22 | | must be filed in writing with the Board, and copies of the | 23 | | notification must be submitted to the parties on the same | 24 | | day the notification is filed with the Board. | 25 | | (2) Within 7 days after the declaration of impasse, | 26 | | each party shall submit to the mediator , the Board, and the |
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| 1 | | other party in writing the final offer of the party, | 2 | | including a cost summary of the offer. Seven days after | 3 | | receipt of the parties' final offers, the Board mediator | 4 | | shall make public the final offers and each party's cost | 5 | | summary dealing with those issues on which the parties have | 6 | | failed to reach agreement by immediately posting the offers | 7 | | on its Internet website, unless otherwise notified by the | 8 | | mediator or jointly by the parties that agreement has been | 9 | | reached . The mediator shall make the final offers public by | 10 | | filing them with the Board, which shall immediately post | 11 | | the offers on its Internet website. On the same day of | 12 | | publication by the mediator, at a minimum, the school | 13 | | district shall distribute notice of the availability of the | 14 | | offers on the Board's Internet website to all news media | 15 | | that have filed an annual request for notices from the | 16 | | school district pursuant to Section 2.02 of the Open | 17 | | Meetings Act. | 18 | | (a-10) This subsection (a-10) applies only to collective | 19 | | bargaining between a public school district organized under | 20 | | Article 34 of the School Code and an exclusive representative | 21 | | of its employees. | 22 | | (1) For collective bargaining agreements between an | 23 | | educational employer to which this subsection (a-10) | 24 | | applies whose territorial boundaries are coterminous with | 25 | | those of a city having a population in excess of 500,000 | 26 | | and an exclusive representative of its employees, if the |
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| 1 | | parties fail to reach an agreement after a reasonable | 2 | | period of mediation, the dispute shall be submitted to | 3 | | fact-finding in accordance with this subsection (a-10). | 4 | | Either the educational employer or the exclusive | 5 | | representative may initiate fact-finding by submitting a | 6 | | written demand to the other party with a copy of the demand | 7 | | submitted simultaneously to the Board. | 8 | | (2) Within 3 days following a party's demand for | 9 | | fact-finding, each party shall appoint one member of the | 10 | | fact-finding panel, unless the parties agree to proceed | 11 | | without a tri-partite panel. Following these appointments, | 12 | | if any, the parties shall select a qualified impartial | 13 | | individual to serve as the fact-finder and chairperson of | 14 | | the fact-finding panel, if applicable. An individual shall | 15 | | be considered qualified to serve as the fact-finder and | 16 | | chairperson of the fact-finding panel, if applicable, if he | 17 | | or she was not the same individual who was appointed as the | 18 | | mediator and if he or she satisfies the following | 19 | | requirements: membership in good standing with the | 20 | | National Academy of Arbitrators, Federal Mediation and | 21 | | Conciliation Service, or American Arbitration Association | 22 | | for a minimum of 10 years; membership on the mediation | 23 | | roster for the Illinois Labor Relations Board or Illinois | 24 | | Educational Labor Relations Board; issuance of at least 5 | 25 | | interest arbitration awards arising under the Illinois | 26 | | Public Labor Relations Act; and participation in impasse |
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| 1 | | resolution processes arising under private or public | 2 | | sector collective bargaining statutes in other states. If | 3 | | the parties are unable to agree on a fact-finder, the | 4 | | parties shall request a panel of fact-finders who satisfy | 5 | | the requirements set forth in this paragraph (2) from | 6 | | either the Federal Mediation and Conciliation Service or | 7 | | the American Arbitration Association and shall select a | 8 | | fact-finder from such panel in accordance with the | 9 | | procedures established by the organization providing the | 10 | | panel. | 11 | | (3) The fact-finder shall have the following duties and | 12 | | powers: | 13 | | (A) to require the parties to submit a statement of | 14 | | disputed issues and their positions regarding each | 15 | | issue either jointly or separately; | 16 | | (B) to identify disputed issues that are economic | 17 | | in nature; | 18 | | (C) to meet with the parties either separately or | 19 | | in executive sessions; | 20 | | (D) to conduct hearings and regulate the time, | 21 | | place, course, and manner of the hearings; | 22 | | (E) to request the Board to issue subpoenas | 23 | | requiring the attendance and testimony of witnesses or | 24 | | the production of evidence; | 25 | | (F) to administer oaths and affirmations; | 26 | | (G) to examine witnesses and documents; |
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| 1 | | (H) to create a full and complete written record of | 2 | | the hearings; | 3 | | (I) to attempt mediation or remand a disputed issue | 4 | | to the parties for further collective bargaining; | 5 | | (J) to require the parties to submit final offers | 6 | | for each disputed issue either individually or as a | 7 | | package or as a combination of both; and | 8 | | (K) to employ any other measures deemed | 9 | | appropriate to resolve the impasse. | 10 | | (4) If the dispute is not settled within 75 days after | 11 | | the appointment of the fact-finding panel, the | 12 | | fact-finding panel shall issue a private report to the | 13 | | parties that contains advisory findings of fact and | 14 | | recommended terms of settlement for all disputed issues and | 15 | | that sets forth a rationale for each recommendation. The | 16 | | fact-finding panel, acting by a majority of its members, | 17 | | shall base its findings and recommendations upon the | 18 | | following criteria as applicable: | 19 | | (A) the lawful authority of the employer; | 20 | | (B) the federal and State statutes or local | 21 | | ordinances and resolutions applicable to the employer; | 22 | | (C) prior collective bargaining agreements and the | 23 | | bargaining history between the parties; | 24 | | (D) stipulations of the parties; | 25 | | (E) the interests and welfare of the public and the | 26 | | students and families served by the employer; |
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| 1 | | (F) the employer's financial ability to fund the | 2 | | proposals based on existing available resources, | 3 | | provided that such ability is not predicated on an | 4 | | assumption that lines of credit or reserve funds are | 5 | | available or that the employer may or will receive or | 6 | | develop new sources of revenue or increase existing | 7 | | sources of revenue; | 8 | | (G) the impact of any economic adjustments on the | 9 | | employer's ability to pursue its educational mission; | 10 | | (H) the present and future general economic | 11 | | conditions in the locality and State; | 12 | | (I) a comparison of the wages, hours, and | 13 | | conditions of employment of the employees involved in | 14 | | the dispute with the wages, hours, and conditions of | 15 | | employment of employees performing similar services in | 16 | | public education in the 10 largest U.S. cities; | 17 | | (J) the average consumer prices in urban areas for | 18 | | goods and services, which is commonly known as the cost | 19 | | of living; | 20 | | (K) the overall compensation presently received by | 21 | | the employees involved in the dispute, including | 22 | | direct wage compensation; vacations, holidays, and | 23 | | other excused time; insurance and pensions; medical | 24 | | and hospitalization benefits; the continuity and | 25 | | stability of employment and all other benefits | 26 | | received; and how each party's proposed compensation |
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| 1 | | structure supports the educational goals of the | 2 | | district; | 3 | | (L) changes in any of the circumstances listed in | 4 | | items (A) through (K) of this paragraph (4) during the | 5 | | fact-finding proceedings; | 6 | | (M) the effect that any term the parties are at | 7 | | impasse on has or may have on the overall educational | 8 | | environment, learning conditions, and working | 9 | | conditions with the school district; and | 10 | | (N) the effect that any term the parties are at | 11 | | impasse on has or may have in promoting the public | 12 | | policy of this State. | 13 | | (5) The fact-finding panel's recommended terms of | 14 | | settlement shall be deemed agreed upon by the parties as | 15 | | the final resolution of the disputed issues and | 16 | | incorporated into the collective bargaining agreement | 17 | | executed by the parties, unless either party tenders to the | 18 | | other party and the chairperson of the fact-finding panel a | 19 | | notice of rejection of the recommended terms of settlement | 20 | | with a rationale for the rejection, within 15 days after | 21 | | the date of issuance of the fact-finding panel's report. If | 22 | | either party submits a notice of rejection, the chairperson | 23 | | of the fact-finding panel shall publish the fact-finding | 24 | | panel's report and the notice of rejection for public | 25 | | information by delivering a copy to all newspapers of | 26 | | general circulation in the community with simultaneous |
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| 1 | | written notice to the parties. | 2 | | (b) If, after a period of bargaining of at least 60 days, a
| 3 | | dispute or impasse exists between an educational employer whose | 4 | | territorial
boundaries are coterminous with those of a city | 5 | | having a population in
excess of 500,000 and the exclusive | 6 | | bargaining representative over
a subject or matter set forth in | 7 | | Section 4.5 of this Act, the parties shall
submit the dispute | 8 | | or impasse to the dispute resolution procedure
agreed to | 9 | | between the parties. The procedure shall provide for mediation
| 10 | | of disputes by a rotating mediation panel and may, at the | 11 | | request of
either party, include the issuance of advisory | 12 | | findings of fact and
recommendations. A dispute or impasse over | 13 | | any Section 4.5 subject shall not be resolved through the | 14 | | procedures set forth in this Act, and the Board, mediator, or | 15 | | fact-finder has no jurisdiction over any Section 4.5 subject. | 16 | | The changes made to this subsection (b) by this amendatory Act | 17 | | of the 97th General Assembly are declarative of existing law.
| 18 | | (c) The costs of fact finding and mediation shall be shared | 19 | | equally
between
the employer and the exclusive bargaining | 20 | | agent, provided that, for
purposes of mediation under this Act, | 21 | | if either party requests the use of
mediation services from the | 22 | | Federal Mediation and Conciliation Service, the
other party | 23 | | shall either join in such request or bear the additional cost
| 24 | | of mediation services from another source. All other costs and | 25 | | expenses of complying with this Section must be borne by the | 26 | | party incurring them.
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| 1 | | (c-5) If an educational employer or exclusive bargaining | 2 | | representative refuses to participate in mediation or fact | 3 | | finding when required by this Section, the refusal shall be | 4 | | deemed a refusal to bargain in good faith. | 5 | | (d) Nothing in this Act prevents an employer and an | 6 | | exclusive bargaining
representative from mutually submitting | 7 | | to final and binding impartial
arbitration unresolved issues | 8 | | concerning the terms of a new collective
bargaining agreement.
| 9 | | (Source: P.A. 93-3, eff. 4-16-03; 09700SB0007enr.)
| 10 | | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 11 | | Sec. 13. Strikes.
| 12 | | (a) Notwithstanding the existence of any other
provision in | 13 | | this Act or other law, educational employees employed in school
| 14 | | districts organized under Article 34 of the School Code shall | 15 | | not engage in
a strike at any time during the 18 month period | 16 | | that commences on the
effective date of this amendatory Act of | 17 | | 1995. An educational employee
employed in a school district | 18 | | organized
under Article 34 of the School Code who participates | 19 | | in a strike in violation
of this Section is subject to | 20 | | discipline by the employer. In addition, no
educational | 21 | | employer organized under Article 34 of the School Code may pay | 22 | | or
cause to be paid to an educational employee who
participates | 23 | | in a strike in violation of this subsection any wages or other
| 24 | | compensation for any period during
which an educational | 25 | | employee participates in the strike, except for wages or
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| 1 | | compensation earned before participation in the strike.
| 2 | | Notwithstanding the existence of any other
provision in this | 3 | | Act or other law, during the 18-month period that strikes are
| 4 | | prohibited under this subsection nothing in this subsection | 5 | | shall be construed
to require an educational employer to submit | 6 | | to a binding dispute resolution
process.
| 7 | | (b) Notwithstanding the existence of any other provision in | 8 | | this Act or any
other law, educational employees other than | 9 | | those employed in a school district
organized under Article 34 | 10 | | of the School Code and, after the expiration of the
18 month | 11 | | period that commences on the effective date of this amendatory | 12 | | Act of
1995, educational employees in a school district | 13 | | organized under Article 34 of
the School Code shall not engage | 14 | | in a strike except under the following
conditions:
| 15 | | (1) they are represented by an exclusive bargaining
| 16 | | representative;
| 17 | | (2) mediation has been used without success and, if | 18 | | an impasse has been declared under subsection (a-5) of | 19 | | Section 12 of this Act, at least 14 days have elapsed after | 20 | | the mediator has made public the final offers;
| 21 | | (2.5) if fact-finding was invoked pursuant to | 22 | | subsection (a-10) of Section 12 of this Act, at least 30 | 23 | | days have elapsed after a fact-finding report has been | 24 | | released for public information; | 25 | | (2.10) for educational employees employed in a school | 26 | | district organized under Article 34 of the School Code, at |
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| 1 | | least three-fourths of all bargaining unit employees who | 2 | | are members of the exclusive bargaining representative | 3 | | have affirmatively voted to authorize the strike; | 4 | | provided, however, that all members of the exclusive | 5 | | bargaining representative at the time of a strike | 6 | | authorization vote shall be eligible to vote;
| 7 | | (3) at least 10 days have elapsed after a notice of | 8 | | intent
to strike has been given by the exclusive bargaining | 9 | | representative to the
educational employer, the regional | 10 | | superintendent and the Illinois Educational
Labor | 11 | | Relations Board;
| 12 | | (4) the collective bargaining agreement between the | 13 | | educational employer
and educational employees, if any, | 14 | | has expired or been terminated; and
| 15 | | (5) the employer and the exclusive bargaining | 16 | | representative have not
mutually submitted the unresolved | 17 | | issues to arbitration.
| 18 | | If, however, in the opinion of an employer the strike is or | 19 | | has become a
clear and present danger to the health or safety | 20 | | of the public, the employer
may initiate
in the circuit court | 21 | | of the county in which such danger exists an action for
relief | 22 | | which may include, but is not limited to, injunction. The court | 23 | | may
grant appropriate relief upon the finding that such clear | 24 | | and present danger
exists.
An unfair practice or other evidence | 25 | | of lack of clean hands by the educational
employer is a defense | 26 | | to such action. Except as provided for in this
paragraph, the |
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| 1 | | jurisdiction of the court under this Section is limited by the
| 2 | | Labor Dispute Act.
| 3 | | (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98; | 4 | | 09700SB0007enr.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law or on the effective date of Senate Bill 7 of the | 7 | | 97th General Assembly, whichever is later.
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