Illinois General Assembly - Full Text of HB1160
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Full Text of HB1160  102nd General Assembly

HB1160ham001 102ND GENERAL ASSEMBLY

Rep. Angelica Guerrero-Cuellar

Filed: 4/16/2021

 

 


 

 


 
10200HB1160ham001LRB102 03176 CMG 24765 a

1
AMENDMENT TO HOUSE BILL 1160

2    AMENDMENT NO. ______. Amend House Bill 1160 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Educational Labor Relations Act
5is amended by changing Section 13 as follows:
 
6    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
7    Sec. 13. Strikes.
8    (a) (Blank). Notwithstanding the existence of any other
9provision in this Act or other law, educational employees
10employed in school districts organized under Article 34 of the
11School Code shall not engage in a strike at any time during the
1218 month period that commences on the effective date of this
13amendatory Act of 1995. An educational employee employed in a
14school district organized under Article 34 of the School Code
15who participates in a strike in violation of this Section is
16subject to discipline by the employer. In addition, no

 

 

10200HB1160ham001- 2 -LRB102 03176 CMG 24765 a

1educational employer organized under Article 34 of the School
2Code may pay or cause to be paid to an educational employee who
3participates in a strike in violation of this subsection any
4wages or other compensation for any period during which an
5educational employee participates in the strike, except for
6wages or compensation earned before participation in the
7strike. Notwithstanding the existence of any other provision
8in this Act or other law, during the 18-month period that
9strikes are prohibited under this subsection nothing in this
10subsection shall be construed to require an educational
11employer to submit to a binding dispute resolution process.
12    (b) Notwithstanding the existence of any other provision
13in this Act or any other law, educational employees other than
14those employed in a school district organized under Article 34
15of the School Code and, after the expiration of the 18 month
16period that commences on the effective date of this amendatory
17Act of 1995, educational employees in a school district
18organized under Article 34 of the School Code shall not engage
19in 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, for
23    educational employers and exclusive bargaining
24    representatives to which subsection (a-5) of Section 12 of
25    this Act applies, at least 14 days have elapsed after the
26    Board has made public the parties' offers;

 

 

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1        (2.5) if fact-finding was invoked pursuant to
2    subsection (a-10) of Section 12 of this Act, at least 30
3    days have elapsed after a fact-finding report has been
4    released for public information;
5        (2.10) (blank); for educational employees employed in
6    a school district organized under Article 34 of the School
7    Code, at least three-fourths of all bargaining unit
8    employees who are members of the exclusive bargaining
9    representative have affirmatively voted to authorize the
10    strike; provided, however, that all members of the
11    exclusive bargaining representative at the time of a
12    strike authorization vote shall be eligible to vote;
13        (3) at least 10 days have elapsed after a notice of
14    intent to strike has been given by the exclusive
15    bargaining representative to the educational employer, the
16    regional superintendent and the Illinois Educational Labor
17    Relations Board;
18        (4) the collective bargaining agreement between the
19    educational employer and educational employees, if any,
20    has expired or been terminated; and
21        (5) the employer and the exclusive bargaining
22    representative have not mutually submitted the unresolved
23    issues to arbitration.
24    If, however, in the opinion of an employer the strike is or
25has become a clear and present danger to the health or safety
26of the public, the employer may initiate in the circuit court

 

 

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1of the county in which such danger exists an action for relief
2which may include, but is not limited to, injunction. The
3court may grant appropriate relief upon the finding that such
4clear and present danger exists. An unfair practice or other
5evidence of lack of clean hands by the educational employer is
6a defense to such action. Except as provided for in this
7paragraph, the jurisdiction of the court under this Section is
8limited by the Labor Dispute Act.
9(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
10eff. 1-1-14.)
 
11    (115 ILCS 5/4.10 rep.)
12    Section 10. The Illinois Educational Labor Relations Act
13is amended by repealing Section 4.10.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".