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


Rep. Rita Mayfield

Filed: 3/11/2014





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2    AMENDMENT NO. ______. Amend House Bill 5485 by replacing
3everything after the enacting clause with the following:
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



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1the parties. In the case of negotiations for an initial
2collective bargaining agreement, mediation shall commence upon
315 days notice from either party or at such later time as the
4mediation services chosen pursuant to subsection (b) of Section
512 can be provided to the parties. In mediation under this
6Section, if either party requests the use of mediation services
7from the Federal Mediation and Conciliation Service, the other
8party shall either join in such request or bear the additional
9cost of mediation services from another source. The mediator
10shall have a duty to keep the Board informed on the progress of
11the mediation. If any dispute has not been resolved within 15
12days after the first meeting of the parties and the mediator,
13or within such other time limit as may be mutually agreed upon
14by the parties, either the exclusive representative or employer
15may request of the other, in writing, arbitration, and shall
16submit a copy of the request to the Board.
17    (b) Within 10 days after such a request for arbitration has
18been made, the employer shall choose a delegate and the
19employees' exclusive representative shall choose a delegate to
20a panel of arbitration as provided in this Section. The
21employer and employees shall forthwith advise the other and the
22Board of their selections.
23    (c) Within 7 days after the request of either party, the
24parties shall request a panel of impartial arbitrators from
25which they shall select the neutral chairman according to the
26procedures provided in this Section. If the parties have agreed



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



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



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1by either party at any time.
2    (e) The arbitration panel may administer oaths, require the
3attendance of witnesses, and the production of such books,
4papers, contracts, agreements and documents as may be deemed by
5it material to a just determination of the issues in dispute,
6and for such purpose may issue subpoenas. If any person refuses
7to obey a subpoena, or refuses to be sworn or to testify, or if
8any witness, party or attorney is guilty of any contempt while
9in attendance at any hearing, the arbitration panel may, or the
10attorney general if requested shall, invoke the aid of any
11circuit court within the jurisdiction in which the hearing is
12being held, which court shall issue an appropriate order. Any
13failure to obey the order may be punished by the court as
15    (f) At any time before the rendering of an award, the
16chairman of the arbitration panel, if he is of the opinion that
17it would be useful or beneficial to do so, may remand the
18dispute to the parties for further collective bargaining for a
19period not to exceed 2 weeks. If the dispute is remanded for
20further collective bargaining the time provisions of this Act
21shall be extended for a time period equal to that of the
22remand. The chairman of the panel of arbitration shall notify
23the Board of the remand.
24    (g) At or before the conclusion of the hearing held
25pursuant to subsection (d), the arbitration panel shall
26identify the economic issues in dispute, and direct each of the



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



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1        (2) Stipulations of the parties.
2        (3) The interests and welfare of the public and the
3    financial ability of the unit of government to meet those
4    costs.
5        (4) Comparison of the wages, hours and conditions of
6    employment of the employees involved in the arbitration
7    proceeding with the wages, hours and conditions of
8    employment of other employees performing similar services
9    and with other employees generally:
10            (A) In public employment in comparable
11        communities.
12            (B) In private employment in comparable
13        communities.
14        (5) The average consumer prices for goods and services,
15    commonly known as the cost of living.
16        (6) The overall compensation presently received by the
17    employees, including direct wage compensation, vacations,
18    holidays and other excused time, insurance and pensions,
19    medical and hospitalization benefits, the continuity and
20    stability of employment and all other benefits received.
21        (7) Changes in any of the foregoing circumstances
22    during the pendency of the arbitration proceedings.
23        (8) Such other factors, not confined to the foregoing,
24    which are normally or traditionally taken into
25    consideration in the determination of wages, hours and
26    conditions of employment through voluntary collective



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



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1limited to wages, hours, and conditions of employment
2(including manning and also including which may include
3residency requirements in municipalities with a population
4under 1,000,000, but those residency requirements shall not
5allow residency outside of Illinois) and shall not include the
6following matters: i) residency requirements in municipalities
7with a population of at least 1,000,000; ii) the type of
8equipment (other than uniforms and fire fighter turnout gear)
9issued or used; iii) the total number of employees employed by
10the department; iv) mutual aid and assistance agreements to
11other units of government; and v) the criterion pursuant to
12which force, including deadly force, can be used; provided,
13however, nothing herein shall preclude an arbitration decision
14regarding equipment levels if such decision is based on a
15finding that the equipment considerations in a specific work
16assignment involve a serious risk to the safety of a fire
17fighter beyond that which is inherent in the normal performance
18of fire fighter duties. Limitation of the terms of the
19arbitration decision pursuant to this subsection shall not be
20construed to limit the facts upon which the decision may be
21based, as set forth in subsection (h).
22    The changes to this subsection (i) made by Public Act
2390-385 (relating to residency requirements) do not apply to
24persons who are employed by a combined department that performs
25both police and firefighting services; these persons shall be
26governed by the provisions of this subsection (i) relating to



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1peace officers, as they existed before the amendment by Public
2Act 90-385.
3    To preserve historical bargaining rights, this subsection
4shall not apply to any provision of a fire fighter collective
5bargaining agreement in effect and applicable on the effective
6date of this Act; provided, however, nothing herein shall
7preclude arbitration with respect to any such provision.
8    (j) Arbitration procedures shall be deemed to be initiated
9by the filing of a letter requesting mediation as required
10under subsection (a) of this Section. The commencement of a new
11municipal fiscal year after the initiation of arbitration
12procedures under this Act, but before the arbitration decision,
13or its enforcement, shall not be deemed to render a dispute
14moot, or to otherwise impair the jurisdiction or authority of
15the arbitration panel or its decision. Increases in rates of
16compensation awarded by the arbitration panel may be effective
17only at the start of the fiscal year next commencing after the
18date of the arbitration award. If a new fiscal year has
19commenced either since the initiation of arbitration
20procedures under this Act or since any mutually agreed
21extension of the statutorily required period of mediation under
22this Act by the parties to the labor dispute causing a delay in
23the initiation of arbitration, the foregoing limitations shall
24be inapplicable, and such awarded increases may be retroactive
25to the commencement of the fiscal year, any other statute or
26charter provisions to the contrary, notwithstanding. At any



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



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1without prejudice to his rights or position under this Act. The
2proceedings are deemed to be pending before the arbitration
3panel upon the initiation of arbitration procedures under this
5    (m) Security officers of public employers, and Peace
6Officers, Fire Fighters and fire department and fire protection
7district paramedics, covered by this Section may not withhold
8services, nor may public employers lock out or prevent such
9employees from performing services at any time.
10    (n) All of the terms decided upon by the arbitration panel
11shall be included in an agreement to be submitted to the public
12employer's governing body for ratification and adoption by law,
13ordinance or the equivalent appropriate means.
14    The governing body shall review each term decided by the
15arbitration panel. If the governing body fails to reject one or
16more terms of the arbitration panel's decision by a 3/5 vote of
17those duly elected and qualified members of the governing body,
18within 20 days of issuance, or in the case of firefighters
19employed by a state university, at the next regularly scheduled
20meeting of the governing body after issuance, such term or
21terms shall become a part of the collective bargaining
22agreement of the parties. If the governing body affirmatively
23rejects one or more terms of the arbitration panel's decision,
24it must provide reasons for such rejection with respect to each
25term so rejected, within 20 days of such rejection and the
26parties shall return to the arbitration panel for further



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1proceedings and issuance of a supplemental decision with
2respect to the rejected terms. Any supplemental decision by an
3arbitration panel or other decision maker agreed to by the
4parties shall be submitted to the governing body for
5ratification and adoption in accordance with the procedures and
6voting requirements set forth in this Section. The voting
7requirements of this subsection shall apply to all disputes
8submitted to arbitration pursuant to this Section
9notwithstanding any contrary voting requirements contained in
10any existing collective bargaining agreement between the
12    (o) If the governing body of the employer votes to reject
13the panel's decision, the parties shall return to the panel
14within 30 days from the issuance of the reasons for rejection
15for further proceedings and issuance of a supplemental
16decision. All reasonable costs of such supplemental proceeding
17including the exclusive representative's reasonable attorney's
18fees, as established by the Board, shall be paid by the
20    (p) Notwithstanding the provisions of this Section the
21employer and exclusive representative may agree to submit
22unresolved disputes concerning wages, hours, terms and
23conditions of employment to an alternative form of impasse
25(Source: P.A. 98-535, eff. 1-1-14.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".