(5 ILCS 315/18) (from Ch. 48, par. 1618)
Sec. 18.
(a) If a strike, which may constitute a clear and present danger
to the health and safety of the public is about to occur or is in
progress, the public employer concerned may petition the board to make an
investigation and conduct a hearing. Unfair labor practices committed by
the employer shall be a defense to such petition. If the board finds that
within 72 hours there is a clear and present danger to the health and safety
of the public the employer shall petition the circuit court where the strike is about
to occur or is in progress for appropriate judicial relief to stop the strike
or to set conditions and requirements which must be complied with by the
exclusive representative, to avoid or remove any such clear and present
danger. No injunctive relief shall be granted except upon a showing that
the strike constitutes a clear and present danger to the health and safety
of the public. The court
may allow the strike to occur or continue under conditions which it finds
will avoid or remove any such clear and present danger. The court shall
designate the essential employees within the affected unit whose services
are necessary to avoid or remove any such clear and present danger. Such
employees may be ordered to return to work under conditions
and requirements which the court finds to be appropriate and such order may
be only for a limited duration, and may be extended only upon demonstration
that such extension is necessary to protect the public health and safety
from a clear and present danger.
If the court orders any of the employees in the affected unit to return
to work it shall require the employer and exclusive representative to participate
in the impasse arbitration
procedures set forth in Section 14 of this Act. The Court shall determine
for which employees such procedures in Section 14 shall apply.
(b) Equitable defenses such as unclean hands and any unfair labor practices
committed by the employer shall be considered as defenses by the court.
Failure to agree to a proposal or to make a concession is not per se a violation
of the unclean hands doctrine.
(c) If any employee or employee organization fails to comply with any
order of the Court issued pursuant to this Section, the employer may institute
judicial proceedings to enforce the order of the court.
(Source: P.A. 83-1012.)
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