Illinois General Assembly - Full Text of HB1673
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Full Text of HB1673  97th General Assembly




State of Illinois
2011 and 2012


Introduced , by Rep. Dave Winters


5 ILCS 315/14  from Ch. 48, par. 1614

    Amends the Illinois Public Labor Relations Act. Provides that arbitration panels hearing security employee, peace officer, firefighter, and paramedic disputes must not take into consideration the ability of a unit of government to raise taxes or impose new taxes when determining the financial ability of that unit of government to pay the costs associated with those employees' wages and other conditions of employment. Effective immediately.

LRB097 06176 JDS 46250 b






HB1673LRB097 06176 JDS 46250 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Labor Relations Act is
5amended 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
9    (a) In the case of collective bargaining agreements
10involving units of security employees of a public employer,
11Peace Officer Units, or units of fire fighters or paramedics,
12and in the case of disputes under Section 18, unless the
13parties mutually agree to some other time limit, mediation
14shall commence 30 days prior to the expiration date of such
15agreement or at such later time as the mediation services
16chosen under subsection (b) of Section 12 can be provided to
17the parties. In the case of negotiations for an initial
18collective bargaining agreement, mediation shall commence upon
1915 days notice from either party or at such later time as the
20mediation services chosen pursuant to subsection (b) of Section
2112 can be provided to the parties. In mediation under this
22Section, if either party requests the use of mediation services
23from the Federal Mediation and Conciliation Service, the other



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1party shall either join in such request or bear the additional
2cost of mediation services from another source. The mediator
3shall have a duty to keep the Board informed on the progress of
4the mediation. If any dispute has not been resolved within 15
5days after the first meeting of the parties and the mediator,
6or within such other time limit as may be mutually agreed upon
7by the parties, either the exclusive representative or employer
8may request of the other, in writing, arbitration, and shall
9submit a copy of the request to the Board.
10    (b) Within 10 days after such a request for arbitration has
11been made, the employer shall choose a delegate and the
12employees' exclusive representative shall choose a delegate to
13a panel of arbitration as provided in this Section. The
14employer and employees shall forthwith advise the other and the
15Board of their selections.
16    (c) Within 7 days after the request of either party, the
17parties shall request a panel of impartial arbitrators from
18which they shall select the neutral chairman according to the
19procedures provided in this Section. If the parties have agreed
20to a contract that contains a grievance resolution procedure as
21provided in Section 8, the chairman shall be selected using
22their agreed contract procedure unless they mutually agree to
23another procedure. If the parties fail to notify the Board of
24their selection of neutral chairman within 7 days after receipt
25of the list of impartial arbitrators, the Board shall appoint,
26at random, a neutral chairman from the list. In the absence of



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1an agreed contract procedure for selecting an impartial
2arbitrator, either party may request a panel from the Board.
3Within 7 days of the request of either party, the Board shall
4select from the Public Employees Labor Mediation Roster 7
5persons who are on the labor arbitration panels of either the
6American Arbitration Association or the Federal Mediation and
7Conciliation Service, or who are members of the National
8Academy of Arbitrators, as nominees for impartial arbitrator of
9the arbitration panel. The parties may select an individual on
10the list provided by the Board or any other individual mutually
11agreed upon by the parties. Within 7 days following the receipt
12of the list, the parties shall notify the Board of the person
13they have selected. Unless the parties agree on an alternate
14selection procedure, they shall alternatively strike one name
15from the list provided by the Board until only one name
16remains. A coin toss shall determine which party shall strike
17the first name. If the parties fail to notify the Board in a
18timely manner of their selection for neutral chairman, the
19Board shall appoint a neutral chairman from the Illinois Public
20Employees Mediation/Arbitration Roster.
21    (d) The chairman shall call a hearing to begin within 15
22days and give reasonable notice of the time and place of the
23hearing. The hearing shall be held at the offices of the Board
24or at such other location as the Board deems appropriate. The
25chairman shall preside over the hearing and shall take
26testimony. Any oral or documentary evidence and other data



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1deemed relevant by the arbitration panel may be received in
2evidence. The proceedings shall be informal. Technical rules of
3evidence shall not apply and the competency of the evidence
4shall not thereby be deemed impaired. A verbatim record of the
5proceedings shall be made and the arbitrator shall arrange for
6the necessary recording service. Transcripts may be ordered at
7the expense of the party ordering them, but the transcripts
8shall not be necessary for a decision by the arbitration panel.
9The expense of the proceedings, including a fee for the
10chairman, established in advance by the Board, shall be borne
11equally by each of the parties to the dispute. The delegates,
12if public officers or employees, shall continue on the payroll
13of the public employer without loss of pay. The hearing
14conducted by the arbitration panel may be adjourned from time
15to time, but unless otherwise agreed by the parties, shall be
16concluded within 30 days of the time of its commencement.
17Majority actions and rulings shall constitute the actions and
18rulings of the arbitration panel. Arbitration proceedings
19under this Section shall not be interrupted or terminated by
20reason of any unfair labor practice charge filed by either
21party at any time.
22    (e) The arbitration panel may administer oaths, require the
23attendance of witnesses, and the production of such books,
24papers, contracts, agreements and documents as may be deemed by
25it material to a just determination of the issues in dispute,
26and for such purpose may issue subpoenas. If any person refuses



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1to obey a subpoena, or refuses to be sworn or to testify, or if
2any witness, party or attorney is guilty of any contempt while
3in attendance at any hearing, the arbitration panel may, or the
4attorney general if requested shall, invoke the aid of any
5circuit court within the jurisdiction in which the hearing is
6being held, which court shall issue an appropriate order. Any
7failure to obey the order may be punished by the court as
9    (f) At any time before the rendering of an award, the
10chairman of the arbitration panel, if he is of the opinion that
11it would be useful or beneficial to do so, may remand the
12dispute to the parties for further collective bargaining for a
13period not to exceed 2 weeks. If the dispute is remanded for
14further collective bargaining the time provisions of this Act
15shall be extended for a time period equal to that of the
16remand. The chairman of the panel of arbitration shall notify
17the Board of the remand.
18    (g) At or before the conclusion of the hearing held
19pursuant to subsection (d), the arbitration panel shall
20identify the economic issues in dispute, and direct each of the
21parties to submit, within such time limit as the panel shall
22prescribe, to the arbitration panel and to each other its last
23offer of settlement on each economic issue. The determination
24of the arbitration panel as to the issues in dispute and as to
25which of these issues are economic shall be conclusive. The
26arbitration panel, within 30 days after the conclusion of the



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1hearing, or such further additional periods to which the
2parties may agree, shall make written findings of fact and
3promulgate a written opinion and shall mail or otherwise
4deliver a true copy thereof to the parties and their
5representatives and to the Board. As to each economic issue,
6the arbitration panel shall adopt the last offer of settlement
7which, in the opinion of the arbitration panel, more nearly
8complies with the applicable factors prescribed in subsection
9(h). The findings, opinions and order as to all other issues
10shall be based upon the applicable factors prescribed in
11subsection (h).
12    (h) Where there is no agreement between the parties, or
13where there is an agreement but the parties have begun
14negotiations or discussions looking to a new agreement or
15amendment of the existing agreement, and wage rates or other
16conditions of employment under the proposed new or amended
17agreement are in dispute, the arbitration panel shall base its
18findings, opinions and order upon the following factors, as
20        (1) The lawful authority of the employer.
21        (2) Stipulations of the parties.
22        (3) The interests and welfare of the public and the
23    financial ability of the unit of government to meet those
24    costs, but only with respect to existing revenues and
25    without any consideration of the ability of the unit of
26    government to raise taxes or impose new taxes in order to



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1    meet those costs.
2        (4) Comparison of the wages, hours and conditions of
3    employment of the employees involved in the arbitration
4    proceeding with the wages, hours and conditions of
5    employment of other employees performing similar services
6    and with other employees generally:
7            (A) In public employment in comparable
8        communities.
9            (B) In private employment in comparable
10        communities.
11        (5) The average consumer prices for goods and services,
12    commonly known as the cost of living.
13        (6) The overall compensation presently received by the
14    employees, including direct wage compensation, vacations,
15    holidays and other excused time, insurance and pensions,
16    medical and hospitalization benefits, the continuity and
17    stability of employment and all other benefits received.
18        (7) Changes in any of the foregoing circumstances
19    during the pendency of the arbitration proceedings.
20        (8) Such other factors, not confined to the foregoing,
21    which are normally or traditionally taken into
22    consideration in the determination of wages, hours and
23    conditions of employment through voluntary collective
24    bargaining, mediation, fact-finding, arbitration or
25    otherwise between the parties, in the public service or in
26    private employment.



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1    (i) In the case of peace officers, the arbitration decision
2shall be limited to wages, hours, and conditions of employment
3(which may include residency requirements in municipalities
4with a population under 1,000,000, but those residency
5requirements shall not allow residency outside of Illinois) and
6shall not include the following: i) residency requirements in
7municipalities with a population of at least 1,000,000; ii) the
8type of equipment, other than uniforms, issued or used; iii)
9manning; iv) the total number of employees employed by the
10department; v) mutual aid and assistance agreements to other
11units of government; and vi) the criterion pursuant to which
12force, including deadly force, can be used; provided, nothing
13herein shall preclude an arbitration decision regarding
14equipment or manning levels if such decision is based on a
15finding that the equipment or manning considerations in a
16specific work assignment involve a serious risk to the safety
17of a peace officer beyond that which is inherent in the normal
18performance of police duties. Limitation of the terms of the
19arbitration decision pursuant to this subsection shall not be
20construed to limit the factors upon which the decision may be
21based, as set forth in subsection (h).
22    In the case of fire fighter, and fire department or fire
23district paramedic matters, the arbitration decision shall be
24limited to wages, hours, and conditions of employment (which
25may include residency requirements in municipalities with a
26population under 1,000,000, but those residency requirements



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1shall not allow residency outside of Illinois) and shall not
2include the following matters: i) residency requirements in
3municipalities with a population of at least 1,000,000; ii) the
4type of equipment (other than uniforms and fire fighter turnout
5gear) issued or used; iii) the total number of employees
6employed by the department; iv) mutual aid and assistance
7agreements to other units of government; and v) the criterion
8pursuant to which force, including deadly force, can be used;
9provided, however, nothing herein shall preclude an
10arbitration decision regarding equipment levels if such
11decision is based on a finding that the equipment
12considerations in a specific work assignment involve a serious
13risk to the safety of a fire fighter beyond that which is
14inherent in the normal performance of fire fighter duties.
15Limitation of the terms of the arbitration decision pursuant to
16this subsection shall not be construed to limit the facts upon
17which the decision may be based, as set forth in subsection
19    The changes to this subsection (i) made by Public Act
2090-385 (relating to residency requirements) do not apply to
21persons who are employed by a combined department that performs
22both police and firefighting services; these persons shall be
23governed by the provisions of this subsection (i) relating to
24peace officers, as they existed before the amendment by Public
25Act 90-385.
26    To preserve historical bargaining rights, this subsection



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1shall not apply to any provision of a fire fighter collective
2bargaining agreement in effect and applicable on the effective
3date of this Act; provided, however, nothing herein shall
4preclude arbitration with respect to any such provision.
5    (j) Arbitration procedures shall be deemed to be initiated
6by the filing of a letter requesting mediation as required
7under subsection (a) of this Section. The commencement of a new
8municipal fiscal year after the initiation of arbitration
9procedures under this Act, but before the arbitration decision,
10or its enforcement, shall not be deemed to render a dispute
11moot, or to otherwise impair the jurisdiction or authority of
12the arbitration panel or its decision. Increases in rates of
13compensation awarded by the arbitration panel may be effective
14only at the start of the fiscal year next commencing after the
15date of the arbitration award. If a new fiscal year has
16commenced either since the initiation of arbitration
17procedures under this Act or since any mutually agreed
18extension of the statutorily required period of mediation under
19this Act by the parties to the labor dispute causing a delay in
20the initiation of arbitration, the foregoing limitations shall
21be inapplicable, and such awarded increases may be retroactive
22to the commencement of the fiscal year, any other statute or
23charter provisions to the contrary, notwithstanding. At any
24time the parties, by stipulation, may amend or modify an award
25of arbitration.
26    (k) Orders of the arbitration panel shall be reviewable,



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1upon appropriate petition by either the public employer or the
2exclusive bargaining representative, by the circuit court for
3the county in which the dispute arose or in which a majority of
4the affected employees reside, but only for reasons that the
5arbitration panel was without or exceeded its statutory
6authority; the order is arbitrary, or capricious; or the order
7was procured by fraud, collusion or other similar and unlawful
8means. Such petitions for review must be filed with the
9appropriate circuit court within 90 days following the issuance
10of the arbitration order. The pendency of such proceeding for
11review shall not automatically stay the order of the
12arbitration panel. The party against whom the final decision of
13any such court shall be adverse, if such court finds such
14appeal or petition to be frivolous, shall pay reasonable
15attorneys' fees and costs to the successful party as determined
16by said court in its discretion. If said court's decision
17affirms the award of money, such award, if retroactive, shall
18bear interest at the rate of 12 percent per annum from the
19effective retroactive date.
20    (l) During the pendency of proceedings before the
21arbitration panel, existing wages, hours, and other conditions
22of employment shall not be changed by action of either party
23without the consent of the other but a party may so consent
24without prejudice to his rights or position under this Act. The
25proceedings are deemed to be pending before the arbitration
26panel upon the initiation of arbitration procedures under this



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2    (m) Security officers of public employers, and Peace
3Officers, Fire Fighters and fire department and fire protection
4district paramedics, covered by this Section may not withhold
5services, nor may public employers lock out or prevent such
6employees from performing services at any time.
7    (n) All of the terms decided upon by the arbitration panel
8shall be included in an agreement to be submitted to the public
9employer's governing body for ratification and adoption by law,
10ordinance or the equivalent appropriate means.
11    The governing body shall review each term decided by the
12arbitration panel. If the governing body fails to reject one or
13more terms of the arbitration panel's decision by a 3/5 vote of
14those duly elected and qualified members of the governing body,
15within 20 days of issuance, or in the case of firefighters
16employed by a state university, at the next regularly scheduled
17meeting of the governing body after issuance, such term or
18terms shall become a part of the collective bargaining
19agreement of the parties. If the governing body affirmatively
20rejects one or more terms of the arbitration panel's decision,
21it must provide reasons for such rejection with respect to each
22term so rejected, within 20 days of such rejection and the
23parties shall return to the arbitration panel for further
24proceedings and issuance of a supplemental decision with
25respect to the rejected terms. Any supplemental decision by an
26arbitration panel or other decision maker agreed to by the



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1parties shall be submitted to the governing body for
2ratification and adoption in accordance with the procedures and
3voting requirements set forth in this Section. The voting
4requirements of this subsection shall apply to all disputes
5submitted to arbitration pursuant to this Section
6notwithstanding any contrary voting requirements contained in
7any existing collective bargaining agreement between the
9    (o) If the governing body of the employer votes to reject
10the panel's decision, the parties shall return to the panel
11within 30 days from the issuance of the reasons for rejection
12for further proceedings and issuance of a supplemental
13decision. All reasonable costs of such supplemental proceeding
14including the exclusive representative's reasonable attorney's
15fees, as established by the Board, shall be paid by the
17    (p) Notwithstanding the provisions of this Section the
18employer and exclusive representative may agree to submit
19unresolved disputes concerning wages, hours, terms and
20conditions of employment to an alternative form of impasse
22(Source: P.A. 96-813, eff. 10-30-09.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.