Illinois General Assembly - Full Text of HB1197
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Full Text of HB1197  97th General Assembly


Sen. Kimberly A. Lightford

Filed: 5/24/2011





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2    AMENDMENT NO. ______. Amend House Bill 1197 by replacing
3everything after the enacting clause with the following:
4    "Section 5. If and only if Senate Bill 7 as passed by the
597th General Assembly becomes law, the Illinois Educational
6Labor Relations Act is amended by changing Sections 4.5, 12,
7and 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
11this Act or other law, collective bargaining between an
12educational employer whose territorial boundaries are
13coterminous with those of a city having a population in excess
14of 500,000 and an exclusive representative of its employees may
15include any of the following subjects:
16        (1) (Blank).



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1        (2) Decisions to contract with a third party for one or
2    more services otherwise performed by employees in a
3    bargaining unit and the procedures for obtaining such
4    contract or the identity of the third party.
5        (3) Decisions to layoff or reduce in force employees.
6        (4) Decisions to determine class size, class staffing
7    and assignment, class schedules, academic calendar, length
8    of the work and school day, length of the work and school
9    year, hours and places of instruction, or pupil assessment
10    policies.
11        (5) Decisions concerning use and staffing of
12    experimental or pilot programs and decisions concerning
13    use of technology to deliver educational programs and
14    services and staffing to provide the technology.
15    (b) The subject or matters described in subsection (a) are
16permissive subjects of bargaining between an educational
17employer and an exclusive representative of its employees and,
18for the purpose of this Act, are within the sole discretion of
19the educational employer to decide to bargain, provided that
20the educational employer is required to bargain over the impact
21of a decision concerning such subject or matter on the
22bargaining unit upon request by the exclusive representative.
23During this bargaining, the educational employer shall not be
24precluded from implementing its decision. If, after a
25reasonable period of bargaining, a dispute or impasse exists
26between the educational employer and the exclusive



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1representative, the dispute or impasse shall be resolved
2exclusively as set forth in subsection (b) of Section 12 of
3this Act in lieu of a strike under Section 13 of this Act.
4Neither the Board nor any mediator or fact-finder appointed
5pursuant to subsection (a-10) of Section 12 of this Act shall
6have jurisdiction over such a dispute or impasse.
7    (c) A provision in a collective bargaining agreement that
8was rendered null and void because it involved a prohibited
9subject of collective bargaining under this subsection (c) as
10this subsection (c) existed before the effective date of this
11amendatory Act of the 93rd General Assembly remains null and
12void and shall not otherwise be reinstated in any successor
13agreement unless the educational employer and exclusive
14representative otherwise agree to include an agreement reached
15on a subject or matter described in subsection (a) of this
16Section as subsection (a) existed before this amendatory Act of
17the 93rd General Assembly.
18(Source: P.A. 93-3, eff. 4-16-03; 09700SB0007enr.)
19    (115 ILCS 5/12)  (from Ch. 48, par. 1712)
20    Sec. 12. Impasse procedures.
21    (a) This subsection (a) applies only to collective
22bargaining between an educational employer that is not a public
23school district organized under Article 34 of the School Code
24and an exclusive representative of its employees. If the
25parties engaged in collective bargaining have not reached an



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1agreement by 90 days before the scheduled start of the
2forthcoming school year, the parties shall notify the Illinois
3Educational Labor Relations Board concerning the status of
4negotiations. This notice shall include a statement on whether
5mediation has been used.
6    Upon demand of either party, collective bargaining between
7the employer and an exclusive bargaining representative must
8begin within 60 days of the date of certification of the
9representative by the Board, or in the case of an existing
10exclusive bargaining representative, within 60 days of the
11receipt by a party of a demand to bargain issued by the other
12party. Once commenced, collective bargaining must continue for
13at least a 60 day period, unless a contract is entered into.
14    Except as otherwise provided in subsection (b) of this
15Section, if after a reasonable period of negotiation and within
1690 days of the scheduled start of the forth-coming school year,
17the parties engaged in collective bargaining have reached an
18impasse, either party may petition the Board to initiate
19mediation. Alternatively, the Board on its own motion may
20initiate mediation during this period. However, mediation
21shall be initiated by the Board at any time when jointly
22requested by the parties and the services of the mediators
23shall continuously be made available to the employer and to the
24exclusive bargaining representative for purposes of
25arbitration of grievances and mediation or arbitration of
26contract disputes. If requested by the parties, the mediator



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1may perform fact-finding and in so doing conduct hearings and
2make written findings and recommendations for resolution of the
3dispute. Such mediation shall be provided by the Board and
4shall be held before qualified impartial individuals. Nothing
5prohibits the use of other individuals or organizations such as
6the Federal Mediation and Conciliation Service or the American
7Arbitration Association selected by both the exclusive
8bargaining representative and the employer.
9    If the parties engaged in collective bargaining fail to
10reach an agreement within 45 days of the scheduled start of the
11forthcoming school year and have not requested mediation, the
12Illinois Educational Labor Relations Board shall invoke
14    Whenever mediation is initiated or invoked under this
15subsection (a), the parties may stipulate to defer selection of
16a mediator in accordance with rules adopted by the Board.
17    (a-5) This subsection (a-5) applies only to collective
18bargaining between a public school district or a combination of
19public school districts, including, but not limited to, joint
20cooperatives, that is not organized under Article 34 of the
21School Code and an exclusive representative of its employees.
22        (1) Any time 15 days after mediation has commenced
23    after 15 days of mediation, either party may declare an
24    impasse. The mediator may declare an impasse at any time
25    during the mediation process. Notification of an impasse
26    must be filed in writing with the Board, and copies of the



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1    notification must be submitted to the parties on the same
2    day the notification is filed with the Board.
3        (2) Within 7 days after the declaration of impasse,
4    each party shall submit to the mediator, the Board, and the
5    other party in writing the final offer of the party,
6    including a cost summary of the offer. Seven days after
7    receipt of the parties' final offers, the Board mediator
8    shall make public the final offers and each party's cost
9    summary dealing with those issues on which the parties have
10    failed to reach agreement by immediately posting the offers
11    on its Internet website, unless otherwise notified by the
12    mediator or jointly by the parties that agreement has been
13    reached. The mediator shall make the final offers public by
14    filing them with the Board, which shall immediately post
15    the offers on its Internet website. On the same day of
16    publication by the mediator, at a minimum, the school
17    district shall distribute notice of the availability of the
18    offers on the Board's Internet website to all news media
19    that have filed an annual request for notices from the
20    school district pursuant to Section 2.02 of the Open
21    Meetings Act.
22    (a-10) This subsection (a-10) applies only to collective
23bargaining between a public school district organized under
24Article 34 of the School Code and an exclusive representative
25of its employees.
26        (1) For collective bargaining agreements between an



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1    educational employer to which this subsection (a-10)
2    applies whose territorial boundaries are coterminous with
3    those of a city having a population in excess of 500,000
4    and an exclusive representative of its employees, if the
5    parties fail to reach an agreement after a reasonable
6    period of mediation, the dispute shall be submitted to
7    fact-finding in accordance with this subsection (a-10).
8    Either the educational employer or the exclusive
9    representative may initiate fact-finding by submitting a
10    written demand to the other party with a copy of the demand
11    submitted simultaneously to the Board.
12        (2) Within 3 days following a party's demand for
13    fact-finding, each party shall appoint one member of the
14    fact-finding panel, unless the parties agree to proceed
15    without a tri-partite panel. Following these appointments,
16    if any, the parties shall select a qualified impartial
17    individual to serve as the fact-finder and chairperson of
18    the fact-finding panel, if applicable. An individual shall
19    be considered qualified to serve as the fact-finder and
20    chairperson of the fact-finding panel, if applicable, if he
21    or she was not the same individual who was appointed as the
22    mediator and if he or she satisfies the following
23    requirements: membership in good standing with the
24    National Academy of Arbitrators, Federal Mediation and
25    Conciliation Service, or American Arbitration Association
26    for a minimum of 10 years; membership on the mediation



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1    roster for the Illinois Labor Relations Board or Illinois
2    Educational Labor Relations Board; issuance of at least 5
3    interest arbitration awards arising under the Illinois
4    Public Labor Relations Act; and participation in impasse
5    resolution processes arising under private or public
6    sector collective bargaining statutes in other states. If
7    the parties are unable to agree on a fact-finder, the
8    parties shall request a panel of fact-finders who satisfy
9    the requirements set forth in this paragraph (2) from
10    either the Federal Mediation and Conciliation Service or
11    the American Arbitration Association and shall select a
12    fact-finder from such panel in accordance with the
13    procedures established by the organization providing the
14    panel.
15        (3) The fact-finder shall have the following duties and
16    powers:
17            (A) to require the parties to submit a statement of
18        disputed issues and their positions regarding each
19        issue either jointly or separately;
20            (B) to identify disputed issues that are economic
21        in nature;
22            (C) to meet with the parties either separately or
23        in executive sessions;
24            (D) to conduct hearings and regulate the time,
25        place, course, and manner of the hearings;
26            (E) to request the Board to issue subpoenas



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1        requiring the attendance and testimony of witnesses or
2        the production of evidence;
3            (F) to administer oaths and affirmations;
4            (G) to examine witnesses and documents;
5            (H) to create a full and complete written record of
6        the hearings;
7            (I) to attempt mediation or remand a disputed issue
8        to the parties for further collective bargaining;
9            (J) to require the parties to submit final offers
10        for each disputed issue either individually or as a
11        package or as a combination of both; and
12            (K) to employ any other measures deemed
13        appropriate to resolve the impasse.
14        (4) If the dispute is not settled within 75 days after
15    the appointment of the fact-finding panel, the
16    fact-finding panel shall issue a private report to the
17    parties that contains advisory findings of fact and
18    recommended terms of settlement for all disputed issues and
19    that sets forth a rationale for each recommendation. The
20    fact-finding panel, acting by a majority of its members,
21    shall base its findings and recommendations upon the
22    following criteria as applicable:
23            (A) the lawful authority of the employer;
24            (B) the federal and State statutes or local
25        ordinances and resolutions applicable to the employer;
26            (C) prior collective bargaining agreements and the



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1        bargaining history between the parties;
2            (D) stipulations of the parties;
3            (E) the interests and welfare of the public and the
4        students and families served by the employer;
5            (F) the employer's financial ability to fund the
6        proposals based on existing available resources,
7        provided that such ability is not predicated on an
8        assumption that lines of credit or reserve funds are
9        available or that the employer may or will receive or
10        develop new sources of revenue or increase existing
11        sources of revenue;
12            (G) the impact of any economic adjustments on the
13        employer's ability to pursue its educational mission;
14            (H) the present and future general economic
15        conditions in the locality and State;
16            (I) a comparison of the wages, hours, and
17        conditions of employment of the employees involved in
18        the dispute with the wages, hours, and conditions of
19        employment of employees performing similar services in
20        public education in the 10 largest U.S. cities;
21            (J) the average consumer prices in urban areas for
22        goods and services, which is commonly known as the cost
23        of living;
24            (K) the overall compensation presently received by
25        the employees involved in the dispute, including
26        direct wage compensation; vacations, holidays, and



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1        other excused time; insurance and pensions; medical
2        and hospitalization benefits; the continuity and
3        stability of employment and all other benefits
4        received; and how each party's proposed compensation
5        structure supports the educational goals of the
6        district;
7            (L) changes in any of the circumstances listed in
8        items (A) through (K) of this paragraph (4) during the
9        fact-finding proceedings;
10            (M) the effect that any term the parties are at
11        impasse on has or may have on the overall educational
12        environment, learning conditions, and working
13        conditions with the school district; and
14            (N) the effect that any term the parties are at
15        impasse on has or may have in promoting the public
16        policy of this State.
17        (5) The fact-finding panel's recommended terms of
18    settlement shall be deemed agreed upon by the parties as
19    the final resolution of the disputed issues and
20    incorporated into the collective bargaining agreement
21    executed by the parties, unless either party tenders to the
22    other party and the chairperson of the fact-finding panel a
23    notice of rejection of the recommended terms of settlement
24    with a rationale for the rejection, within 15 days after
25    the date of issuance of the fact-finding panel's report. If
26    either party submits a notice of rejection, the chairperson



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1    of the fact-finding panel shall publish the fact-finding
2    panel's report and the notice of rejection for public
3    information by delivering a copy to all newspapers of
4    general circulation in the community with simultaneous
5    written notice to the parties.
6    (b) If, after a period of bargaining of at least 60 days, a
7dispute or impasse exists between an educational employer whose
8territorial boundaries are coterminous with those of a city
9having a population in excess of 500,000 and the exclusive
10bargaining representative over a subject or matter set forth in
11Section 4.5 of this Act, the parties shall submit the dispute
12or impasse to the dispute resolution procedure agreed to
13between the parties. The procedure shall provide for mediation
14of disputes by a rotating mediation panel and may, at the
15request of either party, include the issuance of advisory
16findings of fact and recommendations. A dispute or impasse over
17any Section 4.5 subject shall not be resolved through the
18procedures set forth in this Act, and the Board, mediator, or
19fact-finder has no jurisdiction over any Section 4.5 subject.
20The changes made to this subsection (b) by this amendatory Act
21of the 97th General Assembly are declarative of existing law.
22    (c) The costs of fact finding and mediation shall be shared
23equally between the employer and the exclusive bargaining
24agent, provided that, for purposes of mediation under this Act,
25if either party requests the use of mediation services from the
26Federal Mediation and Conciliation Service, the other party



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1shall either join in such request or bear the additional cost
2of mediation services from another source. All other costs and
3expenses of complying with this Section must be borne by the
4party incurring them.
5    (c-5) If an educational employer or exclusive bargaining
6representative refuses to participate in mediation or fact
7finding when required by this Section, the refusal shall be
8deemed a refusal to bargain in good faith.
9    (d) Nothing in this Act prevents an employer and an
10exclusive bargaining representative from mutually submitting
11to final and binding impartial arbitration unresolved issues
12concerning the terms of a new collective bargaining agreement.
13(Source: P.A. 93-3, eff. 4-16-03; 09700SB0007enr.)
14    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
15    Sec. 13. Strikes.
16    (a) Notwithstanding the existence of any other provision in
17this Act or other law, educational employees employed in school
18districts organized under Article 34 of the School Code shall
19not engage in a strike at any time during the 18 month period
20that commences on the effective date of this amendatory Act of
211995. An educational employee employed in a school district
22organized under Article 34 of the School Code who participates
23in a strike in violation of this Section is subject to
24discipline by the employer. In addition, no educational
25employer organized under Article 34 of the School Code may pay



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1or cause to be paid to an educational employee who participates
2in a strike in violation of this subsection any wages or other
3compensation for any period during which an educational
4employee participates in the strike, except for wages or
5compensation earned before participation in the strike.
6Notwithstanding the existence of any other provision in this
7Act or other law, during the 18-month period that strikes are
8prohibited under this subsection nothing in this subsection
9shall be construed to require an educational employer to submit
10to a binding dispute resolution process.
11    (b) Notwithstanding the existence of any other provision in
12this Act or any other law, educational employees other than
13those employed in a school district organized under Article 34
14of the School Code and, after the expiration of the 18 month
15period that commences on the effective date of this amendatory
16Act of 1995, educational employees in a school district
17organized under Article 34 of the School Code shall not engage
18in a strike except under the following conditions:
19        (1)   they are represented by an exclusive bargaining
20    representative;
21        (2)   mediation has been used without success and, if
22    an impasse has been declared under subsection (a-5) of
23    Section 12 of this Act, at least 14 days have elapsed after
24    the mediator has made public the final offers;
25        (2.5) if fact-finding was invoked pursuant to
26    subsection (a-10) of Section 12 of this Act, at least 30



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1    days have elapsed after a fact-finding report has been
2    released for public information;
3        (2.10) for educational employees employed in a school
4    district organized under Article 34 of the School Code, at
5    least three-fourths of all bargaining unit employees who
6    are members of the exclusive bargaining representative
7    have affirmatively voted to authorize the strike;
8    provided, however, that all members of the exclusive
9    bargaining representative at the time of a strike
10    authorization vote shall be eligible to vote;
11        (3)   at least 10 days have elapsed after a notice of
12    intent to strike has been given by the exclusive bargaining
13    representative to the educational employer, the regional
14    superintendent and the Illinois Educational Labor
15    Relations Board;
16        (4)   the collective bargaining agreement between the
17    educational employer and educational employees, if any,
18    has expired or been terminated; and
19        (5)   the employer and the exclusive bargaining
20    representative have not mutually submitted the unresolved
21    issues to arbitration.
22    If, however, in the opinion of an employer the strike is or
23has become a clear and present danger to the health or safety
24of the public, the employer may initiate in the circuit court
25of the county in which such danger exists an action for relief
26which may include, but is not limited to, injunction. The court



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1may grant appropriate relief upon the finding that such clear
2and present danger exists. An unfair practice or other evidence
3of lack of clean hands by the educational employer is a defense
4to such action. Except as provided for in this paragraph, the
5jurisdiction of the court under this Section is limited by the
6Labor Dispute Act.
7(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98;
9    Section 99. Effective date. This Act takes effect upon
10becoming law or on the effective date of Senate Bill 7 of the
1197th General Assembly, whichever is later.".