Illinois General Assembly - Full Text of SB1830
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Full Text of SB1830  98th General Assembly




SB1830 EnrolledLRB098 08153 JDS 38246 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 Sections 12 and 14 as follows:
6    (5 ILCS 315/12)  (from Ch. 48, par. 1612)
7    Sec. 12. Mediation.
8    (a) The State and Local Panels in joint session shall
9establish a Public Employees Mediation Roster, the services of
10which shall be available to public employers and to labor
11organizations upon request of the parties for the purposes of
12mediation of grievances or contract disputes. Upon the request
13of either party, services of the Public Employees Mediation
14Roster shall be available for purposes of arbitrating disputes
15over interpretation or application of the terms of an agreement
16pursuant to Section 8. The members of the Roster shall be
17appointed by majority vote of the members of both panels.
18Members shall be impartial, competent, and reputable citizens
19of the United States, residents of the State of Illinois, and
20shall qualify by taking and subscribing to the constitutional
21oath or affirmation of office. The function of the mediator
22shall be to communicate with the employer and exclusive
23representative or their representatives and to endeavor to



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1bring about an amicable and voluntary settlement. Compensation
2of Roster members for services performed as mediators shall be
3paid equally by the parties to a mediated labor dispute. The
4Board shall have authority but not the obligation to promulgate
5regulations setting compensation levels for members of the
6Roster, and establishing procedures for suspension or
7dismissal of mediators for good cause shown following hearing.
8    (b) A mediator in a mediated labor dispute shall be
9selected by the Board from among the members of the Roster.
10    (c) Nothing in this Act or any other law prohibits the use
11of other mediators selected by the parties for the resolution
12of disputes over interpretation or application of the terms or
13conditions of the collective bargaining agreements between a
14public employer and a labor organization.
15    (d) If requested by the parties to a labor dispute, a
16mediator may perform fact-finding as set forth in Section 13.
17(Source: P.A. 91-798, eff. 7-9-00.)
18    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
19    Sec. 14. Security Employee, Peace Officer and Fire Fighter
21    (a) In the case of collective bargaining agreements
22involving units of security employees of a public employer,
23Peace Officer Units, or units of fire fighters or paramedics,
24and in the case of disputes under Section 18, unless the
25parties mutually agree to some other time limit, mediation



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1shall commence 30 days prior to the expiration date of such
2agreement or at such later time as the mediation services
3chosen under subsection (b) of Section 12 can be provided to
4the parties. In the case of negotiations for an initial
5collective bargaining agreement, mediation shall commence upon
615 days notice from either party or at such later time as the
7mediation services chosen pursuant to subsection (b) of Section
812 can be provided to the parties. In mediation under this
9Section, if either party requests the use of mediation services
10from the Federal Mediation and Conciliation Service, the other
11party shall either join in such request or bear the additional
12cost of mediation services from another source. The mediator
13shall have a duty to keep the Board informed on the progress of
14the mediation. If any dispute has not been resolved within 15
15days after the first meeting of the parties and the mediator,
16or within such other time limit as may be mutually agreed upon
17by the parties, either the exclusive representative or employer
18may request of the other, in writing, arbitration, and shall
19submit a copy of the request to the Board.
20    (b) Within 10 days after such a request for arbitration has
21been made, the employer shall choose a delegate and the
22employees' exclusive representative shall choose a delegate to
23a panel of arbitration as provided in this Section. The
24employer and employees shall forthwith advise the other and the
25Board of their selections.
26    (c) Within 7 days after the request of either party, the



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1parties shall request a panel of impartial arbitrators from
2which they shall select the neutral chairman according to the
3procedures provided in this Section. If the parties have agreed
4to a contract that contains a grievance resolution procedure as
5provided in Section 8, the chairman shall be selected using
6their agreed contract procedure unless they mutually agree to
7another procedure. If the parties fail to notify the Board of
8their selection of neutral chairman within 7 days after receipt
9of the list of impartial arbitrators, the Board shall appoint,
10at random, a neutral chairman from the list. In the absence of
11an agreed contract procedure for selecting an impartial
12arbitrator, either party may request a panel from the Board.
13Within 7 days of the request of either party, the Board shall
14select from the Public Employees Labor Mediation Roster 7
15persons who are on the labor arbitration panels of either the
16American Arbitration Association or the Federal Mediation and
17Conciliation Service, or who are members of the National
18Academy of Arbitrators, as nominees for impartial arbitrator of
19the arbitration panel. The parties may select an individual on
20the list provided by the Board or any other individual mutually
21agreed upon by the parties. Within 7 days following the receipt
22of the list, the parties shall notify the Board of the person
23they have selected. Unless the parties agree on an alternate
24selection procedure, they shall alternatively strike one name
25from the list provided by the Board until only one name
26remains. A coin toss shall determine which party shall strike



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1the first name. If the parties fail to notify the Board in a
2timely manner of their selection for neutral chairman, the
3Board shall appoint a neutral chairman from the Illinois Public
4Employees Mediation/Arbitration Roster.
5    (d) The chairman shall call a hearing to begin within 15
6days and give reasonable notice of the time and place of the
7hearing. The hearing shall be held at the offices of the Board
8or at such other location as the Board deems appropriate. The
9chairman shall preside over the hearing and shall take
10testimony. Any oral or documentary evidence and other data
11deemed relevant by the arbitration panel may be received in
12evidence. The proceedings shall be informal. Technical rules of
13evidence shall not apply and the competency of the evidence
14shall not thereby be deemed impaired. A verbatim record of the
15proceedings shall be made and the arbitrator shall arrange for
16the necessary recording service. Transcripts may be ordered at
17the expense of the party ordering them, but the transcripts
18shall not be necessary for a decision by the arbitration panel.
19The expense of the proceedings, including a fee for the
20chairman, established in advance by the Board, shall be borne
21equally by each of the parties to the dispute. The delegates,
22if public officers or employees, shall continue on the payroll
23of the public employer without loss of pay. The hearing
24conducted by the arbitration panel may be adjourned from time
25to time, but unless otherwise agreed by the parties, shall be
26concluded within 30 days of the time of its commencement.



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1Majority actions and rulings shall constitute the actions and
2rulings of the arbitration panel. Arbitration proceedings
3under this Section shall not be interrupted or terminated by
4reason of any unfair labor practice charge filed by either
5party at any time.
6    (e) The arbitration panel may administer oaths, require the
7attendance of witnesses, and the production of such books,
8papers, contracts, agreements and documents as may be deemed by
9it material to a just determination of the issues in dispute,
10and for such purpose may issue subpoenas. If any person refuses
11to obey a subpoena, or refuses to be sworn or to testify, or if
12any witness, party or attorney is guilty of any contempt while
13in attendance at any hearing, the arbitration panel may, or the
14attorney general if requested shall, invoke the aid of any
15circuit court within the jurisdiction in which the hearing is
16being held, which court shall issue an appropriate order. Any
17failure to obey the order may be punished by the court as
19    (f) At any time before the rendering of an award, the
20chairman of the arbitration panel, if he is of the opinion that
21it would be useful or beneficial to do so, may remand the
22dispute to the parties for further collective bargaining for a
23period not to exceed 2 weeks. If the dispute is remanded for
24further collective bargaining the time provisions of this Act
25shall be extended for a time period equal to that of the
26remand. The chairman of the panel of arbitration shall notify



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1the Board of the remand.
2    (g) At or before the conclusion of the hearing held
3pursuant to subsection (d), the arbitration panel shall
4identify the economic issues in dispute, and direct each of the
5parties to submit, within such time limit as the panel shall
6prescribe, to the arbitration panel and to each other its last
7offer of settlement on each economic issue. The determination
8of the arbitration panel as to the issues in dispute and as to
9which of these issues are economic shall be conclusive. The
10arbitration panel, within 30 days after the conclusion of the
11hearing, or such further additional periods to which the
12parties may agree, shall make written findings of fact and
13promulgate a written opinion and shall mail or otherwise
14deliver a true copy thereof to the parties and their
15representatives and to the Board. As to each economic issue,
16the arbitration panel shall adopt the last offer of settlement
17which, in the opinion of the arbitration panel, more nearly
18complies with the applicable factors prescribed in subsection
19(h). The findings, opinions and order as to all other issues
20shall be based upon the applicable factors prescribed in
21subsection (h).
22    (h) Where there is no agreement between the parties, or
23where there is an agreement but the parties have begun
24negotiations or discussions looking to a new agreement or
25amendment of the existing agreement, and wage rates or other
26conditions of employment under the proposed new or amended



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1agreement are in dispute, the arbitration panel shall base its
2findings, opinions and order upon the following factors, as
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 of
10    employment of the employees involved in the arbitration
11    proceeding with the wages, hours and conditions of
12    employment of other employees performing similar services
13    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 services,
19    commonly known as the cost of living.
20        (6) The overall compensation presently received by the
21    employees, including direct wage compensation, vacations,
22    holidays and other excused time, insurance and pensions,
23    medical and hospitalization benefits, the continuity and
24    stability of employment and all other benefits received.
25        (7) Changes in any of the foregoing circumstances
26    during the pendency of the arbitration proceedings.



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1        (8) Such other factors, not confined to the foregoing,
2    which are normally or traditionally taken into
3    consideration in the determination of wages, hours and
4    conditions of employment through voluntary collective
5    bargaining, mediation, fact-finding, arbitration or
6    otherwise between the parties, in the public service or in
7    private employment.
8    (i) In the case of peace officers, the arbitration decision
9shall be limited to wages, hours, and conditions of employment
10(which may include residency requirements in municipalities
11with a population under 1,000,000, but those residency
12requirements shall not allow residency outside of Illinois) and
13shall not include the following: i) residency requirements in
14municipalities with a population of at least 1,000,000; ii) the
15type of equipment, other than uniforms, issued or used; iii)
16manning; iv) the total number of employees employed by the
17department; v) mutual aid and assistance agreements to other
18units of government; and vi) the criterion pursuant to which
19force, including deadly force, can be used; provided, nothing
20herein shall preclude an arbitration decision regarding
21equipment or manning levels if such decision is based on a
22finding that the equipment or manning considerations in a
23specific work assignment involve a serious risk to the safety
24of a peace officer beyond that which is inherent in the normal
25performance of police duties. Limitation of the terms of the
26arbitration decision pursuant to this subsection shall not be



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



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190-385 (relating to residency requirements) do not apply to
2persons who are employed by a combined department that performs
3both police and firefighting services; these persons shall be
4governed by the provisions of this subsection (i) relating to
5peace officers, as they existed before the amendment by Public
6Act 90-385.
7    To preserve historical bargaining rights, this subsection
8shall not apply to any provision of a fire fighter collective
9bargaining agreement in effect and applicable on the effective
10date of this Act; provided, however, nothing herein shall
11preclude arbitration with respect to any such provision.
12    (j) Arbitration procedures shall be deemed to be initiated
13by the filing of a letter requesting mediation as required
14under subsection (a) of this Section. The commencement of a new
15municipal fiscal year after the initiation of arbitration
16procedures under this Act, but before the arbitration decision,
17or its enforcement, shall not be deemed to render a dispute
18moot, or to otherwise impair the jurisdiction or authority of
19the arbitration panel or its decision. Increases in rates of
20compensation awarded by the arbitration panel may be effective
21only at the start of the fiscal year next commencing after the
22date of the arbitration award. If a new fiscal year has
23commenced either since the initiation of arbitration
24procedures under this Act or since any mutually agreed
25extension of the statutorily required period of mediation under
26this Act by the parties to the labor dispute causing a delay in



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1the initiation of arbitration, the foregoing limitations shall
2be inapplicable, and such awarded increases may be retroactive
3to the commencement of the fiscal year, any other statute or
4charter provisions to the contrary, notwithstanding. At any
5time the parties, by stipulation, may amend or modify an award
6of arbitration.
7    (k) Orders of the arbitration panel shall be reviewable,
8upon appropriate petition by either the public employer or the
9exclusive bargaining representative, by the circuit court for
10the county in which the dispute arose or in which a majority of
11the affected employees reside, but only for reasons that the
12arbitration panel was without or exceeded its statutory
13authority; the order is arbitrary, or capricious; or the order
14was procured by fraud, collusion or other similar and unlawful
15means. Such petitions for review must be filed with the
16appropriate circuit court within 90 days following the issuance
17of the arbitration order. The pendency of such proceeding for
18review shall not automatically stay the order of the
19arbitration panel. The party against whom the final decision of
20any such court shall be adverse, if such court finds such
21appeal or petition to be frivolous, shall pay reasonable
22attorneys' fees and costs to the successful party as determined
23by said court in its discretion. If said court's decision
24affirms the award of money, such award, if retroactive, shall
25bear interest at the rate of 12 percent per annum from the
26effective retroactive date.



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1    (l) During the pendency of proceedings before the
2arbitration panel, existing wages, hours, and other conditions
3of employment shall not be changed by action of either party
4without the consent of the other but a party may so consent
5without prejudice to his rights or position under this Act. The
6proceedings are deemed to be pending before the arbitration
7panel upon the initiation of arbitration procedures under this
9    (m) Security officers of public employers, and Peace
10Officers, Fire Fighters and fire department and fire protection
11district paramedics, covered by this Section may not withhold
12services, nor may public employers lock out or prevent such
13employees from performing services at any time.
14    (n) All of the terms decided upon by the arbitration panel
15shall be included in an agreement to be submitted to the public
16employer's governing body for ratification and adoption by law,
17ordinance or the equivalent appropriate means.
18    The governing body shall review each term decided by the
19arbitration panel. If the governing body fails to reject one or
20more terms of the arbitration panel's decision by a 3/5 vote of
21those duly elected and qualified members of the governing body,
22within 20 days of issuance, or in the case of firefighters
23employed by a state university, at the next regularly scheduled
24meeting of the governing body after issuance, such term or
25terms shall become a part of the collective bargaining
26agreement of the parties. If the governing body affirmatively



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1rejects one or more terms of the arbitration panel's decision,
2it must provide reasons for such rejection with respect to each
3term so rejected, within 20 days of such rejection and the
4parties shall return to the arbitration panel for further
5proceedings and issuance of a supplemental decision with
6respect to the rejected terms. Any supplemental decision by an
7arbitration panel or other decision maker agreed to by the
8parties shall be submitted to the governing body for
9ratification and adoption in accordance with the procedures and
10voting requirements set forth in this Section. The voting
11requirements of this subsection shall apply to all disputes
12submitted to arbitration pursuant to this Section
13notwithstanding any contrary voting requirements contained in
14any existing collective bargaining agreement between the
16    (o) If the governing body of the employer votes to reject
17the panel's decision, the parties shall return to the panel
18within 30 days from the issuance of the reasons for rejection
19for further proceedings and issuance of a supplemental
20decision. All reasonable costs of such supplemental proceeding
21including the exclusive representative's reasonable attorney's
22fees, as established by the Board, shall be paid by the
24    (p) Notwithstanding the provisions of this Section the
25employer and exclusive representative may agree to submit
26unresolved disputes concerning wages, hours, terms and



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1conditions of employment to an alternative form of impasse
3(Source: P.A. 96-813, eff. 10-30-09.)