State of Illinois
92nd General Assembly

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 1        AN ACT in relation to transportation.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Regional Transportation Authority Act  is
 5    amended by changing Section 2.18 as follows:

 6        (70 ILCS 3615/2.18) (from Ch. 111 2/3, par. 702.18)
 7        Sec. 2.18.  Labor Contracts.
 8        (a)  The Authority shall deal with and enter into written
 9    contracts with employees of the Authority, through accredited
10    representatives  of such employees authorized to act for such
11    employees  concerning   wages,   salaries,   hours,   working
12    conditions,  and pension or retirement provisions. Nothing in
13    this Act shall be construed,  however,  to  permit  hours  of
14    labor  in  excess  of  those  prohibited  by law or to permit
15    working conditions prohibited by law.
16        (b)  Whenever   the   Authority   acquires   the   public
17    transportation facilities of a transportation agency,  either
18    in  proceeding  by  eminent domain or otherwise, and operates
19    such  facilities,  all  employees  actively  engaged  in  the
20    operation thereof shall be transferred to  and  appointed  as
21    employees  of  the  Authority,  subject to all the rights and
22    benefits of Sections 2.15 through  2.19,  and  the  Authority
23    shall  assume  and observe all applicable labor contracts and
24    pension obligations. These employees shall be given seniority
25    credit and  sick  leave,  vacation,  insurance,  and  pension
26    credits  in  accordance  with the records or labor agreements
27    from  the  acquired  transportation   system.   Members   and
28    beneficiaries  of  any  pension or retirement system or other
29    benefits established by the  acquired  transportation  system
30    shall   continue   to   have  rights,  privileges,  benefits,
31    obligations and  status  with  respect  to  such  established
                            -2-                LRB9217063LDtm
 1    system.  The  Authority  shall  assume the obligations of any
 2    transportation system acquired by it with  regard  to  wages,
 3    salaries,  hours,  working conditions, sick leave, health and
 4    welfare  and  pension  or  retirement  provisions  for  these
 5    employees. The Authority and  the  employees,  through  their
 6    representatives  for  collective  bargaining  purposes, shall
 7    take whatever action may be necessary to have  pension  trust
 8    funds   presently   under   the   joint   control   of   such
 9    Transportation Agency and the participating employees through
10    their  representatives  transferred  to the trust funds to be
11    established, maintained,  and  administered  jointly  by  the
12    Authority  and  the  participating  employees  through  their
13    representatives.
14        (c)  Whenever the Authority shall take any of the actions
15    specified  in  Section  2.16  (c),  it shall do so only after
16    meeting the requirements of Section 2.16,  and  in  addition,
17    whenever  the  Authority shall acquire and operate the public
18    transportation facilities of a transportation agency  engaged
19    in  the transportation of persons by railroad, it shall do so
20    only in such manner as to insure the continued  applicability
21    to  the railroad employees affected thereby of the provisions
22    of all  federal  statutes  then  applicable  to  them  and  a
23    continuation   of   their   existing   collective  bargaining
24    agreements until the provisions of  said  agreements  can  be
25    re-negotiated  by  representatives  of  the Authority and the
26    representatives of said employees  duly  designated  as  such
27    pursuant  to  the  terms  and provisions of the Railway Labor
28    Act, as amended (45 U.S.C. 151 et seq.);  provided,  however,
29    that nothing in this subsection shall prevent the abandonment
30    of  such facilities, or the discontinuance of such operations
31    pursuant to applicable law,  or  the  substitution  of  other
32    operations  or  facilities for such operations or facilities,
33    whether by merger, consolidation, coordination or  otherwise.
34    In the event new or supplemental operations or facilities are
                            -3-                LRB9217063LDtm
 1    substituted therefor, the provisions of Section 2.19 shall be
 2    applicable,  and  all  questions  concerning the selection of
 3    forces to perform  the  work  of  such  new  or  supplemental
 4    facilities  or operations, and whether the Authority shall be
 5    required to insure the continued applicability of the federal
 6    statutes applicable to such  employees  shall  be  negotiated
 7    and,   if  necessary,  arbitrated,  in  accordance  with  the
 8    procedures set forth in subsection 2.19 (a).
 9        (d)  (1) Employees who are in bargaining units  with  the
10        Suburban  Bus Division shall have the opportunity to join
11        with one or more other bargaining units for  the  purpose
12        of   negotiating  a  new,  single  collective  bargaining
13        agreement  applicable  to  the  participating  bargaining
14        units. The Suburban  Bus  Division  shall  recognize  the
15        bargaining  committee  approved  by  the respective local
16        unions.
17             (2)  Any   agreement   to   participate   in   joint
18        bargaining shall be approved by each  local  union  by  a
19        majority  of  the  local  union  members  voting  on  the
20        proposition.
21             (3)  It  shall  be  the  responsibility of the local
22        unions  to  determine  the  composition  of   the   joint
23        bargaining   committee   and   to  adopt  procedures  for
24        bargaining. The affected  local  unions  shall  agree  in
25        writing  on  the  composition  of  the  joint  bargaining
26        committee  and  shall notify the Suburban Bus Division in
27        writing at least 60 but not more than 120 days before the
28        earliest  of  the  expiration  dates  set  forth  in  the
29        collective bargaining agreements covering the  bargaining
30        units  involved.   Approval  of any collective bargaining
31        agreement applicable to all  participating  local  unions
32        shall  be accomplished by majority vote of the members of
33        the participating local unions  or  by  decision  of  the
34        arbitrator if interest arbitration is invoked.
                            -4-                LRB9217063LDtm
 1             (4)  If  the  Suburban  Bus  Division  and the local
 2        unions bargaining jointly are unable to  reach  agreement
 3        regarding the terms of a collective bargaining agreement,
 4        the  provisions  of Section 2.19 of this Act shall apply,
 5        except for the  fact-finding  and  mediation  provisions,
 6        which  may  be waived by either party, and any matters in
 7        dispute shall be  submitted  for  resolution  to  binding
 8        arbitration.
 9             (5)  A local union that has agreed to participate in
10        joint bargaining may withdraw only as follows:
11                  (i)  By  majority  vote  of  the members before
12             commencement of joint bargaining if  agreement    is
13             not  reached among the participating local unions on
14             the composition of  the  bargaining    committee  or
15             procedures for bargaining; or
16                  (ii)    By  majority vote of the members of the
17             local union at least 60 days before  the  expiration
18             of an existing joint agreement. At the expiration of
19             the  joint  agreement,  the  Suburban  Bus  Division
20             shall negotiate  separately  with  any  local  union
21             voting to withdraw from joint bargaining.
22    (Source: P.A. 78-3rd S.S.-5.)

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