Full Text of SB1715 96th General Assembly
SB1715sam002 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 1715
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| AMENDMENT NO. ______. Amend Senate Bill 1715, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Public Labor Relations Act is | 6 |
| amended by changing Section 7 as follows:
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| (5 ILCS 315/7) (from Ch. 48, par. 1607)
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| Sec. 7. Duty to bargain. A public employer and the | 9 |
| exclusive representative
have the authority and the duty to | 10 |
| bargain collectively set forth in this
Section.
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| For the purposes of this Act, "to bargain collectively" | 12 |
| means the performance
of the mutual obligation of the public | 13 |
| employer or his designated
representative and the | 14 |
| representative of the public employees to meet at
reasonable | 15 |
| times, including meetings in advance of the budget-making | 16 |
| process,
and to negotiate in good faith with respect to wages, |
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| hours, and other
conditions
of employment, not excluded by | 2 |
| Section 4 of this Act, or the negotiation
of an agreement, or | 3 |
| any question arising
thereunder and the execution of a written | 4 |
| contract incorporating any agreement
reached if requested by | 5 |
| either party, but such obligation does not compel
either party | 6 |
| to agree to a proposal or require the making of a concession.
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| The duty "to bargain collectively" shall also include an | 8 |
| obligation to
negotiate over any matter with respect to wages, | 9 |
| hours and other conditions
of employment, not specifically | 10 |
| provided for in any other law or not specifically
in violation | 11 |
| of the provisions
of any law. If any other law pertains, in | 12 |
| part, to a matter affecting
the wages, hours and other | 13 |
| conditions of employment, such other law shall
not be construed | 14 |
| as limiting the duty "to bargain collectively" and to enter
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| into collective bargaining agreements containing clauses which | 16 |
| either supplement,
implement, or relate to the effect of such | 17 |
| provisions in other laws.
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| The duty "to bargain collectively" shall also include | 19 |
| negotiations
as to the terms of a collective bargaining | 20 |
| agreement.
The parties may, by mutual agreement, provide for | 21 |
| arbitration of impasses
resulting from their inability to agree | 22 |
| upon wages, hours and terms and
conditions of employment to be | 23 |
| included in a collective bargaining agreement.
Such | 24 |
| arbitration provisions shall be subject to the Illinois | 25 |
| "Uniform Arbitration
Act" unless agreed by the parties.
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| The duty "to bargain collectively" shall also mean that no |
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| party to a collective
bargaining contract shall terminate or | 2 |
| modify such contract, unless the
party desiring such | 3 |
| termination or modification:
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| (1) serves a written notice upon the other party to the | 5 |
| contract of the
proposed termination or modification 60 days | 6 |
| prior to the expiration date
thereof, or in the event such | 7 |
| contract contains no expiration date, 60 days
prior to the time | 8 |
| it is proposed to make such termination or modification;
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| (2) offers to meet and confer with the other party for the | 10 |
| purpose of
negotiating a new contract or a contract containing | 11 |
| the proposed modifications;
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| (3) notifies the Board within 30 days after such notice of | 13 |
| the existence
of a dispute, provided no agreement has been | 14 |
| reached by that time; and
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| (4) continues in full force and effect, without resorting | 16 |
| to strike or
lockout, all the terms and conditions of the | 17 |
| existing contract for a period
of 60 days after such notice is | 18 |
| given to the other party or until the expiration
date of such | 19 |
| contract, whichever occurs later.
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| The duties imposed upon employers, employees and labor | 21 |
| organizations by
paragraphs (2), (3) and (4) shall become | 22 |
| inapplicable upon an intervening
certification of the Board, | 23 |
| under which the labor organization, which is
a party to the | 24 |
| contract, has been superseded as or ceased to be the exclusive
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| representative
of the employees pursuant to the provisions of | 26 |
| subsection (a) of Section
9, and the duties so imposed shall |
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| not be construed as requiring either
party to discuss or agree | 2 |
| to any modification of the terms and conditions
contained in a | 3 |
| contract for a fixed period, if such modification is to become
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| effective before such terms and conditions can be reopened | 5 |
| under the provisions
of the contract.
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| Collective bargaining for personal care attendants and | 7 |
| personal assistants
under
the Home Services Program shall be | 8 |
| limited to the terms and conditions of
employment
under the | 9 |
| State's control, as defined in the amendatory Act of the 93rd
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| General
Assembly.
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| Collective bargaining for child and day care home providers | 12 |
| under the child care assistance program shall be limited to the | 13 |
| terms and conditions of employment under the State's control, | 14 |
| as defined in this amendatory Act of the 94th General Assembly.
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| Notwithstanding any other provision of this Section, | 16 |
| whenever collective bargaining is for the purpose of | 17 |
| establishing an initial agreement following certification of | 18 |
| units with less than 35 employees, with respect to public | 19 |
| employees other than peace officers, fire fighters, and | 20 |
| security employees, the following apply: | 21 |
| (1) Not later than 10 days after receiving a written | 22 |
| request for collective bargaining from an individual or | 23 |
| labor organization that has been newly organized or | 24 |
| certified as a representative as defined in Section 6(c), | 25 |
| or within such further period as the parties agree upon, | 26 |
| the parties shall meet and commence to bargain collectively |
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| and shall make every reasonable effort to conclude and sign | 2 |
| a collective bargaining agreement. | 3 |
| (2) If after the expiration of the 90-day period | 4 |
| beginning on the date on which bargaining is commenced, or | 5 |
| such additional period as the parties may agree upon, the | 6 |
| parties have failed to reach an agreement, either party may | 7 |
| notify the Illinois Public Labor Relations Board of the | 8 |
| existence of a dispute and request mediation. Whenever such | 9 |
| a request is received, it shall be the duty of the Board | 10 |
| promptly to put itself in communication with the parties | 11 |
| and to use its best efforts, by mediation and conciliation, | 12 |
| to bring them to agreement. | 13 |
| (3) If after the expiration of the 30-day period | 14 |
| beginning on the date on which the request for mediation is | 15 |
| made under paragraph (2), or such additional period as the | 16 |
| parties may agree upon, the mediator is not able to bring | 17 |
| the parties to agreement by conciliation, the mediator | 18 |
| shall refer the dispute to an arbitration board established | 19 |
| in accordance with this Act. The arbitration panel shall | 20 |
| render a decision settling the dispute and such decision | 21 |
| shall be binding upon the parties for a period of 2 years, | 22 |
| unless amended during such period by written consent of the | 23 |
| parties. | 24 |
| (Source: P.A. 93-204, eff. 7-16-03; 94-320, eff. 1-1-06.)".
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