Full Text of HB1264 98th General Assembly
HB1264ham001 98TH GENERAL ASSEMBLY | Rep. Joe Sosnowski Filed: 3/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1264
| 2 | | AMENDMENT NO. ______. Amend House Bill 1264 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Educational Labor Relations Act is | 5 | | amended by changing Section 13 as follows:
| 6 | | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 7 | | Sec. 13. Strikes.
| 8 | | (a) Notwithstanding the existence of any other
provision in | 9 | | this Act or other law, educational employees employed in school
| 10 | | districts organized under Article 34 of the School Code shall | 11 | | not engage in
a strike at any time during the 18 month period | 12 | | that commences on the
effective date of this amendatory Act of | 13 | | 1995. An educational employee
employed in a school district | 14 | | organized
under Article 34 of the School Code who participates | 15 | | in a strike in violation
of this Section is subject to | 16 | | discipline by the employer. In addition, no
educational |
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| 1 | | employer organized under Article 34 of the School Code may pay | 2 | | or
cause to be paid to an educational employee who
participates | 3 | | in a strike in violation of this subsection any wages or other
| 4 | | compensation for any period during
which an educational | 5 | | employee participates in the strike, except for wages or
| 6 | | compensation earned before participation in the strike.
| 7 | | Notwithstanding the existence of any other
provision in this | 8 | | Act or other law, during the 18-month period that strikes are
| 9 | | prohibited under this subsection nothing in this subsection | 10 | | shall be construed
to require an educational employer to submit | 11 | | to a binding dispute resolution
process.
| 12 | | (b) Notwithstanding the existence of any other provision in | 13 | | this Act or any
other law, educational employees other than | 14 | | those employed in a school district
organized under Article 34 | 15 | | of the School Code and, after the expiration of the
18 month | 16 | | period that commences on the effective date of this amendatory | 17 | | Act of
1995, educational employees in a school district | 18 | | organized under Article 34 of
the School Code shall not engage | 19 | | in a strike except under the following
conditions:
| 20 | | (1) they are represented by an exclusive bargaining
| 21 | | representative;
| 22 | | (2) mediation has been used without success and, if | 23 | | an impasse has been declared under subsection (a-5) of | 24 | | Section 12 of this Act, at least 14 days have elapsed after | 25 | | the mediator has made public the final offers;
| 26 | | (2.5) if fact-finding was invoked pursuant to |
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| 1 | | subsection (a-10) of Section 12 of this Act, at least 30 | 2 | | days have elapsed after a fact-finding report has been | 3 | | released for public information; | 4 | | (2.10) for educational employees employed in a school | 5 | | district organized under Article 34 of the School Code, at | 6 | | least three-fourths of all bargaining unit employees who | 7 | | are members of the exclusive bargaining representative | 8 | | have affirmatively voted to authorize the strike; | 9 | | provided , however, that all members of the exclusive | 10 | | bargaining representative at the time of a strike | 11 | | authorization vote shall be eligible to vote;
| 12 | | (3) at least 10 days have elapsed after a notice of | 13 | | intent
to strike has been given by the exclusive bargaining | 14 | | representative to the
educational employer, the regional | 15 | | superintendent and the Illinois Educational
Labor | 16 | | Relations Board;
| 17 | | (4) the collective bargaining agreement between the | 18 | | educational employer
and educational employees, if any, | 19 | | has expired or been terminated; and
| 20 | | (5) the employer and the exclusive bargaining | 21 | | representative have not
mutually submitted the unresolved | 22 | | issues to arbitration.
| 23 | | If, however, in the opinion of an employer the strike is or | 24 | | has become a
clear and present danger to the health or safety | 25 | | of the public, the employer
may initiate
in the circuit court | 26 | | of the county in which such danger exists an action for
relief |
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| 1 | | which may include, but is not limited to, injunction. The court | 2 | | may
grant appropriate relief upon the finding that such clear | 3 | | and present danger
exists.
An unfair practice or other evidence | 4 | | of lack of clean hands by the educational
employer is a defense | 5 | | to such action. Except as provided for in this
paragraph, the | 6 | | jurisdiction of the court under this Section is limited by the
| 7 | | Labor Dispute Act.
| 8 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
| 9 | | Section 99. Effective date. This Act takes effect July 1, | 10 | | 2013.".
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