Illinois General Assembly - Full Text of HB5485
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Full Text of HB5485  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Rita Mayfield


5 ILCS 315/14  from Ch. 48, par. 1614

    Amends the Illinois Public Labor Relations Act. Provides that in the case of fire fighter, and fire department or fire district paramedic matters, the arbitration decision shall be limited to wages, hours, and conditions of employment, which may include manning and residency requirements. Effective immediately.

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HB5485LRB098 20096 OMW 55362 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, shall be borne equally by each of the parties to the
11dispute. The delegates, if public officers or employees, shall
12continue on the payroll of the public employer without loss of
13pay. The hearing conducted by the arbitration panel may be
14adjourned from time to time, but unless otherwise agreed by the
15parties, shall be concluded within 30 days of the time of its
16commencement. Majority actions and rulings shall constitute
17the actions and rulings of the arbitration panel. Arbitration
18proceedings under this Section shall not be interrupted or
19terminated by reason of any unfair labor practice charge filed
20by either party at any time.
21    (e) The arbitration panel may administer oaths, require the
22attendance of witnesses, and the production of such books,
23papers, contracts, agreements and documents as may be deemed by
24it material to a just determination of the issues in dispute,
25and for such purpose may issue subpoenas. If any person refuses
26to obey a subpoena, or refuses to be sworn or to testify, or if



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



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1parties may agree, shall make written findings of fact and
2promulgate a written opinion and shall mail or otherwise
3deliver a true copy thereof to the parties and their
4representatives and to the Board. As to each economic issue,
5the arbitration panel shall adopt the last offer of settlement
6which, in the opinion of the arbitration panel, more nearly
7complies with the applicable factors prescribed in subsection
8(h). The findings, opinions and order as to all other issues
9shall be based upon the applicable factors prescribed in
10subsection (h).
11    (h) Where there is no agreement between the parties, or
12where there is an agreement but the parties have begun
13negotiations or discussions looking to a new agreement or
14amendment of the existing agreement, and wage rates or other
15conditions of employment under the proposed new or amended
16agreement are in dispute, the arbitration panel shall base its
17findings, opinions and order upon the following factors, as
19        (1) The lawful authority of the employer.
20        (2) Stipulations of the parties.
21        (3) The interests and welfare of the public and the
22    financial ability of the unit of government to meet those
23    costs.
24        (4) Comparison of the wages, hours and conditions of
25    employment of the employees involved in the arbitration
26    proceeding with the wages, hours and conditions of



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1    employment of other employees performing similar services
2    and with other employees generally:
3            (A) In public employment in comparable
4        communities.
5            (B) In private employment in comparable
6        communities.
7        (5) The average consumer prices for goods and services,
8    commonly known as the cost of living.
9        (6) The overall compensation presently received by the
10    employees, including direct wage compensation, vacations,
11    holidays and other excused time, insurance and pensions,
12    medical and hospitalization benefits, the continuity and
13    stability of employment and all other benefits received.
14        (7) Changes in any of the foregoing circumstances
15    during the pendency of the arbitration proceedings.
16        (8) Such other factors, not confined to the foregoing,
17    which are normally or traditionally taken into
18    consideration in the determination of wages, hours and
19    conditions of employment through voluntary collective
20    bargaining, mediation, fact-finding, arbitration or
21    otherwise between the parties, in the public service or in
22    private employment.
23    (i) In the case of peace officers, the arbitration decision
24shall be limited to wages, hours, and conditions of employment
25(which may include residency requirements in municipalities
26with a population under 1,000,000, but those residency



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



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1uniforms and fire fighter turnout gear) issued or used; iii)
2the total number of employees employed by the department; iv)
3mutual aid and assistance agreements to other units of
4government; and v) the criterion pursuant to which force,
5including deadly force, can be used; provided, however, nothing
6herein shall preclude an arbitration decision regarding
7equipment levels if such decision is based on a finding that
8the equipment considerations in a specific work assignment
9involve a serious risk to the safety of a fire fighter beyond
10that which is inherent in the normal performance of fire
11fighter duties. Limitation of the terms of the arbitration
12decision pursuant to this subsection shall not be construed to
13limit the facts upon which the decision may be based, as set
14forth in subsection (h).
15    The changes to this subsection (i) made by Public Act
1690-385 (relating to residency requirements) do not apply to
17persons who are employed by a combined department that performs
18both police and firefighting services; these persons shall be
19governed by the provisions of this subsection (i) relating to
20peace officers, as they existed before the amendment by Public
21Act 90-385.
22    To preserve historical bargaining rights, this subsection
23shall not apply to any provision of a fire fighter collective
24bargaining agreement in effect and applicable on the effective
25date of this Act; provided, however, nothing herein shall
26preclude arbitration with respect to any such provision.



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1    (j) Arbitration procedures shall be deemed to be initiated
2by the filing of a letter requesting mediation as required
3under subsection (a) of this Section. The commencement of a new
4municipal fiscal year after the initiation of arbitration
5procedures under this Act, but before the arbitration decision,
6or its enforcement, shall not be deemed to render a dispute
7moot, or to otherwise impair the jurisdiction or authority of
8the arbitration panel or its decision. Increases in rates of
9compensation awarded by the arbitration panel may be effective
10only at the start of the fiscal year next commencing after the
11date of the arbitration award. If a new fiscal year has
12commenced either since the initiation of arbitration
13procedures under this Act or since any mutually agreed
14extension of the statutorily required period of mediation under
15this Act by the parties to the labor dispute causing a delay in
16the initiation of arbitration, the foregoing limitations shall
17be inapplicable, and such awarded increases may be retroactive
18to the commencement of the fiscal year, any other statute or
19charter provisions to the contrary, notwithstanding. At any
20time the parties, by stipulation, may amend or modify an award
21of arbitration.
22    (k) Orders of the arbitration panel shall be reviewable,
23upon appropriate petition by either the public employer or the
24exclusive bargaining representative, by the circuit court for
25the county in which the dispute arose or in which a majority of
26the affected employees reside, but only for reasons that the



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



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1services, nor may public employers lock out or prevent such
2employees from performing services at any time.
3    (n) All of the terms decided upon by the arbitration panel
4shall be included in an agreement to be submitted to the public
5employer's governing body for ratification and adoption by law,
6ordinance or the equivalent appropriate means.
7    The governing body shall review each term decided by the
8arbitration panel. If the governing body fails to reject one or
9more terms of the arbitration panel's decision by a 3/5 vote of
10those duly elected and qualified members of the governing body,
11within 20 days of issuance, or in the case of firefighters
12employed by a state university, at the next regularly scheduled
13meeting of the governing body after issuance, such term or
14terms shall become a part of the collective bargaining
15agreement of the parties. If the governing body affirmatively
16rejects one or more terms of the arbitration panel's decision,
17it must provide reasons for such rejection with respect to each
18term so rejected, within 20 days of such rejection and the
19parties shall return to the arbitration panel for further
20proceedings and issuance of a supplemental decision with
21respect to the rejected terms. Any supplemental decision by an
22arbitration panel or other decision maker agreed to by the
23parties shall be submitted to the governing body for
24ratification and adoption in accordance with the procedures and
25voting requirements set forth in this Section. The voting
26requirements of this subsection shall apply to all disputes



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1submitted to arbitration pursuant to this Section
2notwithstanding any contrary voting requirements contained in
3any existing collective bargaining agreement between the
5    (o) If the governing body of the employer votes to reject
6the panel's decision, the parties shall return to the panel
7within 30 days from the issuance of the reasons for rejection
8for further proceedings and issuance of a supplemental
9decision. All reasonable costs of such supplemental proceeding
10including the exclusive representative's reasonable attorney's
11fees, as established by the Board, shall be paid by the
13    (p) Notwithstanding the provisions of this Section the
14employer and exclusive representative may agree to submit
15unresolved disputes concerning wages, hours, terms and
16conditions of employment to an alternative form of impasse
18(Source: P.A. 98-535, eff. 1-1-14.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.