State of Illinois
92nd General Assembly

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 1        AN  ACT  in  relation  to  public  employee  benefits and
 2    conditions of employment.

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

 5        Section  5.   The  Illinois Public Labor Relations Act is
 6    amended by changing Section 14 as follows:

 7        (5 ILCS 315/14) (from Ch. 48, par. 1614)
 8        Sec.  14.  Security  Employee,  Peace  Officer  and  Fire
 9    Fighter Disputes.
10        (a)  In the  case  of  collective  bargaining  agreements
11    involving  units  of security employees of a public employer,
12    Peace Officer Units, or units of fire fighters or paramedics,
13    and in the case of disputes under Section  18  of  this  Act,
14    unless  the  parties mutually agree to some other time limit,
15    mediation shall commence 30 days prior to the expiration date
16    of such agreement or at such  later  time  as  the  mediation
17    services  chosen  under  subsection  (b) of Section 12 can be
18    provided to the parties. In the case of negotiations  for  an
19    initial  collective  bargaining  agreement,  mediation  shall
20    commence  upon  15  days  notice from either party or at such
21    later time as  the  mediation  services  chosen  pursuant  to
22    subsection  (b) of Section 12 can be provided to the parties.
23    In mediation under this Section, if either party requests the
24    use of mediation services  from  the  Federal  Mediation  and
25    Conciliation  Service,  the  other party shall either join in
26    such  request  or  bear  the  additional  cost  of  mediation
27    services from another source.  The mediator shall have a duty
28    to keep the Board informed on the progress of the  mediation.
29    If any dispute has not been resolved within 15 days after the
30    first meeting of the parties and the mediator, or within such
31    other  time  limit  as  may  be  mutually  agreed upon by the
                            -2-                LRB9202833JMtm
 1    parties, either the exclusive representative or employer  may
 2    request  of  the  other,  in  writing, arbitration, and shall
 3    submit a copy of the request to the Board.
 4        (b)  Within 10 days after such a request for  arbitration
 5    has  been  made, the employer shall choose a delegate and the
 6    employees' exclusive representative shall choose  a  delegate
 7    to  a  panel of arbitration as provided in this Section.  The
 8    employer and employees shall forthwith advise the  other  and
 9    the Board of their selections.
10        (c)  Within  7  days  of the request of either party, the
11    Board shall select from the Public Employees Labor  Mediation
12    Roster  7  persons who are on the labor arbitration panels of
13    either the American Arbitration Association  or  the  Federal
14    Mediation and Conciliation Service, or who are members of the
15    National  Academy  of  Arbitrators, as nominees for impartial
16    arbitrator of the arbitration panel.  The parties may  select
17    an  individual on the list provided by the Board or any other
18    individual mutually agreed upon by  the  parties.   Within  7
19    days  following  the  receipt  of the list, the parties shall
20    notify the Board of the person they  have  selected.   Unless
21    the  parties  agree on an alternate selection procedure, they
22    shall alternatively strike one name from the list provided by
23    the Board until only one name remains.   A  coin  toss  shall
24    determine  which  party  shall strike the first name.  If the
25    parties fail to notify the Board in a timely manner of  their
26    selection  for  neutral  chairman,  the Board shall appoint a
27    neutral  chairman  from   the   Illinois   Public   Employees
28    Mediation/Arbitration Roster.
29        (d)  The chairman shall call a hearing to begin within 15
30    days  and give reasonable notice of the time and place of the
31    hearing.  The hearing shall be held at  the  offices  of  the
32    Board   or   at  such  other  location  as  the  Board  deems
33    appropriate.  The chairman shall preside over the hearing and
34    shall take testimony.  Any oral or documentary  evidence  and
                            -3-                LRB9202833JMtm
 1    other  data  deemed  relevant by the arbitration panel may be
 2    received in evidence.  The  proceedings  shall  be  informal.
 3    Technical   rules   of  evidence  shall  not  apply  and  the
 4    competency of  the  evidence  shall  not  thereby  be  deemed
 5    impaired.  A verbatim record of the proceedings shall be made
 6    and  the arbitrator shall arrange for the necessary recording
 7    service.  Transcripts may be ordered at the  expense  of  the
 8    party  ordering  them,  but  the  transcripts  shall  not  be
 9    necessary  for  a  decision  by  the  arbitration panel.  The
10    expense of the proceedings, including a fee for the chairman,
11    established in advance by the Board, shall be  borne  equally
12    by  each  of  the  parties to the dispute.  The delegates, if
13    public officers or employees, shall continue on  the  payroll
14    of  the  public  employer  without  loss of pay.  The hearing
15    conducted by the arbitration panel may be adjourned from time
16    to time, but unless otherwise agreed by the parties, shall be
17    concluded within 30 days of the  time  of  its  commencement.
18    Majority actions and rulings shall constitute the actions and
19    rulings  of  the  arbitration panel.  Arbitration proceedings
20    under this Section shall not be interrupted or terminated  by
21    reason  of  any  unfair labor practice charge filed by either
22    party at any time.
23        (e)  The arbitration panel may administer oaths,  require
24    the  attendance  of  witnesses,  and  the  production of such
25    books, papers, contracts, agreements and documents as may  be
26    deemed  by  it material to a just determination of the issues
27    in dispute, and for such purpose may issue subpoenas.  If any
28    person refuses to obey a subpoena, or refuses to be sworn  or
29    to testify, or if any witness, party or attorney is guilty of
30    any   contempt  while  in  attendance  at  any  hearing,  the
31    arbitration panel may, or the attorney general  if  requested
32    shall,  invoke  the  aid  of  any  circuit  court  within the
33    jurisdiction in which the hearing is being held, which  court
34    shall  issue  an  appropriate order.  Any failure to obey the
                            -4-                LRB9202833JMtm
 1    order may be punished by the court as contempt.
 2        (f)  At any time before the rendering of  an  award,  the
 3    chairman  of  the  arbitration panel, if he is of the opinion
 4    that it would be useful or beneficial to do  so,  may  remand
 5    the  dispute to the parties for further collective bargaining
 6    for a period not to  exceed  2  weeks.   If  the  dispute  is
 7    remanded   for   further   collective   bargaining  the  time
 8    provisions of this Act shall be extended for  a  time  period
 9    equal  to  that  of the remand.  The chairman of the panel of
10    arbitration shall notify the Board of the remand.
11        (g)  At or before the  conclusion  of  the  hearing  held
12    pursuant  to  subsection  (d),  the  arbitration  panel shall
13    identify the economic issues in dispute, and direct  each  of
14    the  parties  to  submit, within such time limit as the panel
15    shall prescribe, to the arbitration panel and to  each  other
16    its  last  offer  of  settlement on each economic issue.  The
17    determination of the arbitration panel as to  the  issues  in
18    dispute and as to which of these issues are economic shall be
19    conclusive.   The arbitration panel, within 30 days after the
20    conclusion of the hearing, or such further additional periods
21    to which the parties may agree, shall make  written  findings
22    of  fact  and  promulgate a written opinion and shall mail or
23    otherwise deliver a true copy  thereof  to  the  parties  and
24    their  representatives and to the Board.  As to each economic
25    issue, the arbitration panel shall adopt the  last  offer  of
26    settlement  which,  in  the opinion of the arbitration panel,
27    more nearly complies with the applicable  factors  prescribed
28    in  subsection  (h).   The findings, opinions and order as to
29    all other issues shall be based upon the  applicable  factors
30    prescribed in subsection (h).
31        (h)  Where  there is no agreement between the parties, or
32    where there is  an  agreement  but  the  parties  have  begun
33    negotiations  or  discussions  looking  to a new agreement or
34    amendment of the existing agreement, and wage rates or  other
                            -5-                LRB9202833JMtm
 1    conditions  of  employment  under the proposed new or amended
 2    agreement are in dispute, the arbitration  panel  shall  base
 3    its  findings, opinions and order upon the following factors,
 4    as applicable:
 5             (1)  The lawful authority of the employer.
 6             (2)  Stipulations of the parties.
 7             (3)  The interests and welfare of the public and the
 8        financial ability of the unit of government to meet those
 9        costs.
10             (4)  Comparison of the wages, hours  and  conditions
11        of   employment   of   the   employees  involved  in  the
12        arbitration  proceeding  with  the   wages,   hours   and
13        conditions  of  employment  of other employees performing
14        similar services and with other employees generally:
15                  (A)  In   public   employment   in   comparable
16             communities.
17                  (B)  In  private   employment   in   comparable
18             communities.
19             (5)  The  average  consumer  prices  for  goods  and
20        services, commonly known as the cost of living.
21             (6)  The  overall compensation presently received by
22        the  employees,  including  direct   wage   compensation,
23        vacations, holidays and other excused time, insurance and
24        pensions,   medical  and  hospitalization  benefits,  the
25        continuity and stability  of  employment  and  all  other
26        benefits received.
27             (7)  Changes  in  any of the foregoing circumstances
28        during the pendency of the arbitration proceedings.
29             (8)  Such  other  factors,  not  confined   to   the
30        foregoing, which are normally or traditionally taken into
31        consideration  in  the  determination of wages, hours and
32        conditions of  employment  through  voluntary  collective
33        bargaining,   mediation,   fact-finding,  arbitration  or
34        otherwise between the parties, in the public  service  or
                            -6-                LRB9202833JMtm
 1        in private employment.
 2        (i)  In  the  case  of  peace  officers,  the arbitration
 3    decision shall be limited to wages, hours, and conditions  of
 4    employment  (which  may  include  residency  requirements  in
 5    municipalities  with  a population under 1,000,000, but those
 6    residency requirements shall not allow residency  outside  of
 7    Illinois)  and  shall not include the following: i) residency
 8    requirements in municipalities with a population of at  least
 9    1,000,000;  ii)  the  type of equipment, other than uniforms,
10    issued or  used;  iii)  manning;  iv)  the  total  number  of
11    employees  employed  by  the  department;  v)  mutual aid and
12    assistance agreements to other units of government;  and  vi)
13    the  criterion  pursuant  to  which  force,  including deadly
14    force, can be used; provided, nothing herein  shall  preclude
15    an arbitration decision regarding equipment or manning levels
16    if  such decision is based on a finding that the equipment or
17    manning considerations in a specific work assignment  involve
18    a  serious  risk to the safety of a peace officer beyond that
19    which is inherent in the normal performance of police duties.
20    Limitation of the terms of the arbitration decision  pursuant
21    to  this  subsection  shall  not  be  construed  to limit the
22    factors upon which the decision may be based, as set forth in
23    subsection (h).
24        In the case of fire fighter, and fire department or  fire
25    district paramedic matters, the arbitration decision shall be
26    limited  to wages, hours, and conditions of employment (which
27    may include residency requirements in municipalities  with  a
28    population  under 1,000,000, but those residency requirements
29    shall not allow residency outside of Illinois) and shall  not
30    include  the  following matters: i) residency requirements in
31    municipalities with a population of at least  1,000,000;  ii)
32    the  type of equipment (other than  uniforms and fire fighter
33    turnout gear) issued  or  used;  iii)  the  total  number  of
34    employees  employed  by  the  department;  iv) mutual aid and
                            -7-                LRB9202833JMtm
 1    assistance agreements to other units of  government;  and  v)
 2    the  criterion  pursuant  to  which  force,  including deadly
 3    force, can be used; provided, however, nothing  herein  shall
 4    preclude  an  arbitration decision regarding equipment levels
 5    if such decision is based on a  finding  that  the  equipment
 6    considerations  in  a  specific  work  assignment  involve  a
 7    serious  risk  to  the  safety  of a fire fighter beyond that
 8    which is inherent in the normal performance of  fire  fighter
 9    duties.   Limitation of the terms of the arbitration decision
10    pursuant to this subsection shall not be construed  to  limit
11    the  facts upon which the decision may be based, as set forth
12    in subsection (h).
13        The changes to this subsection (i)  made  by  Public  Act
14    90-385  (relating  to residency requirements) do not apply to
15    persons who  are  employed  by  a  combined  department  that
16    performs both police and firefighting services; these persons
17    shall  be  governed  by the provisions of this subsection (i)
18    relating to  peace  officers,  as  they  existed  before  the
19    amendment by Public Act 90-385.
20        To preserve historical bargaining rights, this subsection
21    shall not apply to any provision of a fire fighter collective
22    bargaining   agreement   in  effect  and  applicable  on  the
23    effective date of this Act; provided, however, nothing herein
24    shall  preclude  arbitration  with  respect   to   any   such
25    provision.
26        (j)  Arbitration   procedures   shall  be  deemed  to  be
27    initiated by the filing of a letter requesting  mediation  as
28    required   under   subsection   (a)  of  this  Section.   The
29    commencement  of  a  new  municipal  fiscal  year  after  the
30    initiation of arbitration  procedures  under  this  Act,  but
31    before  the  arbitration  decision, or its enforcement, shall
32    not be deemed to render  a  dispute  moot,  or  to  otherwise
33    impair the jurisdiction or authority of the arbitration panel
34    or  its decision.  Increases in rates of compensation awarded
                            -8-                LRB9202833JMtm
 1    by the arbitration panel may be effective only at  the  start
 2    of  the  fiscal  year  next  commencing after the date of the
 3    arbitration award.  If a new fiscal year has commenced either
 4    since the initiation of arbitration procedures under this Act
 5    or since any mutually agreed  extension  of  the  statutorily
 6    required period of mediation under this Act by the parties to
 7    the  labor  dispute  causing  a  delay  in  the initiation of
 8    arbitration, the foregoing limitations shall be inapplicable,
 9    and  such  awarded  increases  may  be  retroactive  to   the
10    commencement of the fiscal year, any other statute or charter
11    provisions  to the contrary, notwithstanding. At any time the
12    parties, by stipulation, may amend  or  modify  an  award  of
13    arbitration.
14        (k)  Orders of the arbitration panel shall be reviewable,
15    upon  appropriate  petition  by either the public employer or
16    the exclusive bargaining representative, by the circuit court
17    for the county in which the  dispute  arose  or  in  which  a
18    majority  of  the  affected  employees  reside,  but only for
19    reasons that the arbitration panel was  without  or  exceeded
20    its   statutory   authority;   the  order  is  arbitrary,  or
21    capricious; or the order was procured by fraud, collusion  or
22    other  similar and unlawful means.  Such petitions for review
23    must be filed with the appropriate circuit  court  within  90
24    days  following  the  issuance of the arbitration order.  The
25    pendency  of   such   proceeding   for   review   shall   not
26    automatically  stay  the order of the arbitration panel.  The
27    party against whom the final decision of any such court shall
28    be adverse, if such court finds such appeal or petition to be
29    frivolous, shall pay reasonable attorneys' fees and costs  to
30    the  successful  party  as  determined  by  said court in its
31    discretion. If said court's decision  affirms  the  award  of
32    money, such award, if retroactive, shall bear interest at the
33    rate  of  12 percent per annum from the effective retroactive
34    date.
                            -9-                LRB9202833JMtm
 1        (l)  During  the  pendency  of  proceedings  before   the
 2    arbitration   panel,   existing   wages,   hours,  and  other
 3    conditions of employment shall not be changed  by  action  of
 4    either party without the consent of the other but a party may
 5    so  consent without prejudice to his rights or position under
 6    this Act.  The proceedings are deemed to  be  pending  before
 7    the  arbitration  panel  upon  the  initiation of arbitration
 8    procedures under this Act.
 9        (m)  Security officers of  public  employers,  and  Peace
10    Officers,   Fire   Fighters  and  fire  department  and  fire
11    protection district paramedics, covered by this  Section  may
12    not  withhold  services, nor may public employers lock out or
13    prevent such employees from performing services at any time.
14        (n)  All of the terms decided  upon  by  the  arbitration
15    panel  shall  be  included in an agreement to be submitted to
16    the public employer's governing  body  for  ratification  and
17    adoption  by  law,  ordinance  or  the equivalent appropriate
18    means.
19        The governing body shall review each term decided by  the
20    arbitration panel.  If the governing body fails to reject one
21    or  more   terms of the arbitration panel's decision by a 3/5
22    vote of those duly  elected  and  qualified  members  of  the
23    governing body, within 20 days of issuance, or in the case of
24    firefighters  employed  by  a  state  university, at the next
25    regularly scheduled  meeting  of  the  governing  body  after
26    issuance,  such  term  or  terms  shall  become a part of the
27    collective bargaining  agreement  of  the  parties.   If  the
28    governing body affirmatively rejects one or more terms of the
29    arbitration  panel's  decision,  it  must provide reasons for
30    such rejection with respect to each term so rejected,  within
31    20 days of such rejection and the parties shall return to the
32    arbitration  panel  for further proceedings and issuance of a
33    supplemental decision with respect  to  the  rejected  terms.
34    Any  supplemental  decision  by an arbitration panel or other
                            -10-               LRB9202833JMtm
 1    decision maker agreed to by the parties shall be submitted to
 2    the  governing  body  for  ratification   and   adoption   in
 3    accordance  with  the  procedures and voting requirements set
 4    forth in  this  Section.  The  voting  requirements  of  this
 5    subsection   shall   apply   to  all  disputes  submitted  to
 6    arbitration pursuant  to  this  Section  notwithstanding  any
 7    contrary   voting  requirements  contained  in  any  existing
 8    collective bargaining agreement between the parties.
 9        (o)  If the governing  body  of  the  employer  votes  to
10    reject  the panel's decision, the parties shall return to the
11    panel within 30 days from the issuance  of  the  reasons  for
12    rejection   for   further   proceedings  and  issuance  of  a
13    supplemental  decision.   All  reasonable   costs   of   such
14    supplemental     proceeding     including    the    exclusive
15    representative's reasonable attorney's fees,  as  established
16    by the Board, shall be paid by the employer.
17        (p)  Notwithstanding  the  provisions of this Section the
18    employer and exclusive representative  may  agree  to  submit
19    unresolved   disputes  concerning  wages,  hours,  terms  and
20    conditions of employment to an alternative  form  of  impasse
21    resolution.
22    (Source:  P.A.  89-195,  eff.  7-21-95; 90-202, eff. 7-24-97;
23    90-385, eff. 8-15-97; 90-655, eff. 7-30-98.)

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