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_003.html

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Rep. Kenneth Dunkin

Filed: 2/16/2016

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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 Sections 2 and 4 and by adding Section 7.7
as follows:
(5 ILCS 315/2) (from Ch. 48, par. 1602)
Sec. 2. Policy. It is the public policy of the State of
Illinois to grant public employees full freedom of association,
self-organization, and designation of representatives of their
own choosing for the purpose of negotiating wages, hours and
other conditions of employment or other mutual aid or
protection.
It is also the public policy of the State of Illinois to
eliminate underutilization, and to promote advancement, of
African Americans in State government jobs. Where skill and

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ability are relatively equal and there exists an
underutilization of an African American employee in a given
geographical region or job category, it is the State's moral
obligation to set aside arbitrary barriers like seniority rules
that stand in the way of eradicating underutilization.
It is the purpose of this Act to regulate labor relations
between public employers and employees, including the
designation of employee representatives, negotiation of wages,
hours and other conditions of employment, and resolution of
disputes arising under collective bargaining agreements.
It is the purpose of this Act to prescribe the legitimate
rights of both public employees and public employers, to
protect the public health and safety of the citizens of
Illinois, and to provide peaceful and orderly procedures for
protection of the rights of all. To prevent labor strife and to
protect the public health and safety of the citizens of
Illinois, all collective bargaining disputes involving persons
designated by the Board as performing essential services and
those persons defined herein as security employees shall be
submitted to impartial arbitrators, who shall be authorized to
issue awards in order to resolve such disputes. It is the
public policy of the State of Illinois that where the right of
employees to strike is prohibited by law, it is necessary to
afford an alternate, expeditious, equitable and effective
procedure for the resolution of labor disputes subject to
approval procedures mandated by this Act. To that end, the

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provisions for such awards shall be liberally construed.
(Source: P.A. 83-1012.)
(5 ILCS 315/4) (from Ch. 48, par. 1604)
(Text of Section WITH the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 4. Management Rights. Employers shall not be required
to bargain over matters of inherent managerial policy, which
shall include such areas of discretion or policy as the
functions of the employer, standards of services, its overall
budget, the organizational structure and selection of new
employees, examination techniques and direction of employees.
Employers, however, shall be required to bargain collectively
with regard to policy matters directly affecting wages, hours
and terms and conditions of employment as well as the impact
thereon upon request by employee representatives, except as
provided in Section 7.5.
To preserve the rights of employers and exclusive
representatives which have established collective bargaining
relationships or negotiated collective bargaining agreements
prior to the effective date of this Act, employers shall be
required to bargain collectively with regard to any matter
concerning wages, hours or conditions of employment about which
they have bargained for and agreed to in a collective
bargaining agreement prior to the effective date of this Act,
except as provided in Section 7.5.

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The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
Nothing in this amendatory Act of the 94th General Assembly
shall be construed to intrude upon the judicial functions of
any court. This amendatory Act of the 94th General Assembly
applies only to nonjudicial administrative matters relating to
the collective bargaining rights of court reporters.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 4. Management Rights. Employers shall not be required
to bargain over matters of inherent managerial policy, which
shall include such areas of discretion or policy as the
functions of the employer, standards of services, its overall
budget, the organizational structure and selection of new
employees, examination techniques and direction of employees.
Employers, however, shall be required to bargain collectively
with regard to policy matters directly affecting wages, hours
and terms and conditions of employment as well as the impact
thereon upon request by employee representatives, except as
provided in Section 7.7.
To preserve the rights of employers and exclusive

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representatives which have established collective bargaining
relationships or negotiated collective bargaining agreements
prior to the effective date of this Act, employers shall be
required to bargain collectively with regard to any matter
concerning wages, hours or conditions of employment about which
they have bargained for and agreed to in a collective
bargaining agreement prior to the effective date of this Act,
except as provided in Section 7.7.
The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
Nothing in this amendatory Act of the 94th General Assembly
shall be construed to intrude upon the judicial functions of
any court. This amendatory Act of the 94th General Assembly
applies only to nonjudicial administrative matters relating to
the collective bargaining rights of court reporters.
(Source: P.A. 94-98, eff. 7-1-05.)
(5 ILCS 315/7.7 new)
Sec. 7.7. Prohibited subjects of bargaining.
(a) Notwithstanding any provision of this Act, an employer
shall not be required to bargain over matters of employee
seniority (or time in service) when consideration of seniority
would prevent the employer from filling a vacancy by hiring or

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promoting an equally qualified employee who helps reduce
African American employee underutilization in the geographical
region or job category where the vacancy occurred.
(b) In case of any conflict between this Section and any
other provisions of this Act or any other law, the provisions
of this Section shall control.
Section 99. Effective date. This Act takes effect upon
becoming law.".