Bill Amendment: IL HB0580 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STATE GOVERNMENT-TECH

Status: 2016-06-01 - Total Veto Stands - No Positive Action Taken [HB0580 Detail]

Download: Illinois-2015-HB0580-House_Amendment_001.html

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Rep. Mike Smiddy

Filed: 11/10/2015

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AMENDMENT TO HOUSE BILL 580
AMENDMENT NO. ______. Amend House Bill 580 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Public Labor Relations Act is
amended by changing Section 7 as follows:
(5 ILCS 315/7) (from Ch. 48, par. 1607)
Sec. 7. Duty to bargain. A public employer and the
exclusive representative have the authority and the duty to
bargain collectively set forth in this Section.
For the purposes of this Act, "to bargain collectively"
means the performance of the mutual obligation of the public
employer or his designated representative and the
representative of the public employees to meet at reasonable
times, including meetings in advance of the budget-making
process, and to negotiate in good faith with respect to wages,
hours, and other conditions of employment, not excluded by

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Section 4 of this Act, or the negotiation of an agreement, or
any question arising thereunder and the execution of a written
contract incorporating any agreement reached if requested by
either party, but such obligation does not compel either party
to agree to a proposal or require the making of a concession.
The duty "to bargain collectively" shall also include an
obligation to negotiate over any matter with respect to wages,
hours and other conditions of employment, not specifically
provided for in any other law or not specifically in violation
of the provisions of any law. If any other law pertains, in
part, to a matter affecting the wages, hours and other
conditions of employment, such other law shall not be construed
as limiting the duty "to bargain collectively" and to enter
into collective bargaining agreements containing clauses which
either supplement, implement, or relate to the effect of such
provisions in other laws.
The duty "to bargain collectively" shall also include
negotiations as to the terms of a collective bargaining
agreement. The parties may, by mutual agreement, provide for
arbitration of impasses resulting from their inability to agree
upon wages, hours and terms and conditions of employment to be
included in a collective bargaining agreement. Such
arbitration provisions shall be subject to the Illinois
"Uniform Arbitration Act" unless agreed by the parties.
The duty "to bargain collectively" shall also mean that no
party to a collective bargaining contract shall terminate or

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modify such contract, unless the party desiring such
termination or modification:
(1) serves a written notice upon the other party to the
contract of the proposed termination or modification 60
days prior to the expiration date thereof, or in the event
such contract contains no expiration date, 60 days prior to
the time it is proposed to make such termination or
modification;
(2) offers to meet and confer with the other party for
the purpose of negotiating a new contract or a contract
containing the proposed modifications;
(3) notifies the Board within 30 days after such notice
of the existence of a dispute, provided no agreement has
been reached by that time; and
(4) continues in full force and effect, without
resorting to strike or lockout, all the terms and
conditions of the existing contract for a period of 60 days
after such notice is given to the other party or until the
expiration date of such contract, whichever occurs later.
The duties imposed upon employers, employees and labor
organizations by paragraphs (2), (3) and (4) shall become
inapplicable upon an intervening certification of the Board,
under which the labor organization, which is a party to the
contract, has been superseded as or ceased to be the exclusive
representative of the employees pursuant to the provisions of
subsection (a) of Section 9, and the duties so imposed shall

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not be construed as requiring either party to discuss or agree
to any modification of the terms and conditions contained in a
contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened
under the provisions of the contract.
Collective bargaining for home care and home health workers
who function as personal assistants and individual maintenance
home health workers under the Home Services Program shall be
limited to the terms and conditions of employment under the
State's control, as defined in Public Act 93-204 or this
amendatory Act of the 97th General Assembly, as applicable.
Collective bargaining for child and day care home providers
under the child care assistance program shall be limited to the
terms and conditions of employment under the State's control,
as defined in this amendatory Act of the 94th General Assembly.
Notwithstanding any other provision of this Section,
whenever collective bargaining is for the purpose of
establishing an initial agreement following original
certification of units with fewer than 35 employees, with
respect to public employees other than peace officers, fire
fighters, and security employees, the following apply:
(1) Not later than 10 days after receiving a written
request for collective bargaining from a labor
organization that has been newly certified as a
representative as defined in Section 6(c), or within such
further period as the parties agree upon, the parties shall

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meet and commence to bargain collectively and shall make
every reasonable effort to conclude and sign a collective
bargaining agreement.
(2) If anytime after the expiration of the 90-day
period beginning on the date on which bargaining is
commenced the parties have failed to reach an agreement,
either party may notify the Illinois Public Labor Relations
Board of the existence of a dispute and request mediation
in accordance with the provisions of Section 14 of this
Act.
(3) If after the expiration of the 30-day period
beginning on the date on which mediation commenced, or such
additional period as the parties may agree upon, the
mediator is not able to bring the parties to agreement by
conciliation, either the exclusive representative of the
employees or the employer may request of the other, in
writing, arbitration and shall submit a copy of the request
to the board. Upon submission of the request for
arbitration, the parties shall be required to participate
in the impasse arbitration procedures set forth in Section
14 of this Act, except the right to strike shall not be
considered waived pursuant to Section 17 of this Act, until
the actual convening of the arbitration hearing.
With respect to collective bargaining agreements, expiring
on or after June 30, 2015 but on or before June 30, 2019,
between the State of Illinois and a unit or units of employees

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of State agencies which are not resolved by the expiration date
of the agreement, mediation of the outstanding issues shall be
initiated within 30 days from the expiration of the agreement
or the effective date of this amendatory Act of the 99th
General Assembly. Should a mediator be unable to bring the
parties to agreement through conciliation within 30 days of the
commencement of mediation, or such additional period as the
parties may mutually agree on, either party may initiate the
impasse arbitration procedures pursuant to Section 14 of this
Act except that for the purpose of determining the jurisdiction
or authority of the arbitration panel, arbitration procedures
shall be deemed to have been initiated prior to the
commencement of any fiscal year occurring after the expiration
of the agreement. The provisions of an expired agreement shall
be in full force and effect and conditions of employment shall
not be changed by action of either party without the consent of
the other until a successor agreement is adopted. The right to
strike shall not be considered waived pursuant to Section 17 of
this Act until the actual convening of the arbitration hearing.
(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.".