Bill Text: IL HB0297 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Educational Labor Relations Act. In provisions concerning impasse procedures, provides that for collective bargaining between the Chicago school district and an exclusive representative of educational employees who are forbidden from striking under the Act, educational employees who are forbidden from striking have the right to submit all negotiation disputes, including, but not limited to, mid-term disputes and impact bargaining disputes, for resolution through specified mandatory arbitration procedures. Makes other changes regarding educational employees who are forbidden from striking. Provides that the changes made by the amendatory Act apply only to collective bargaining agreements entered into, modified, extended, or renewed on or after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-03-22 - Chief Senate Sponsor Sen. Willie Preston [HB0297 Detail]

Download: Illinois-2023-HB0297-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Educational Labor Relations Act is
amended by changing Section 12 as follows:
(115 ILCS 5/12) (from Ch. 48, par. 1712)
Sec. 12. Impasse procedures.
(a) This subsection (a) applies only to collective
bargaining between an educational employer that is not a
public school district organized under Article 34 of the
School Code and an exclusive representative of its employees.
If the parties engaged in collective bargaining have not
reached an agreement by 90 days before the scheduled start of
the forthcoming school year, the parties shall notify the
Illinois Educational Labor Relations Board concerning the
status of negotiations. This notice shall include a statement
on whether mediation has been used.
Upon demand of either party, collective bargaining between
the employer and an exclusive bargaining representative must
begin within 60 days of the date of certification of the
representative by the Board, or in the case of an existing
exclusive bargaining representative, within 60 days of the
receipt by a party of a demand to bargain issued by the other

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party. Once commenced, collective bargaining must continue for
at least a 60 day period, unless a contract is entered into.
Except as otherwise provided in subsection (b) of this
Section, if after a reasonable period of negotiation and
within 90 days of the scheduled start of the forth-coming
school year, the parties engaged in collective bargaining have
reached an impasse, either party may petition the Board to
initiate mediation. Alternatively, the Board on its own motion
may initiate mediation during this period. However, mediation
shall be initiated by the Board at any time when jointly
requested by the parties and the services of the mediators
shall continuously be made available to the employer and to
the exclusive bargaining representative for purposes of
arbitration of grievances and mediation or arbitration of
contract disputes. If requested by the parties, the mediator
may perform fact-finding and in so doing conduct hearings and
make written findings and recommendations for resolution of
the dispute. Such mediation shall be provided by the Board and
shall be held before qualified impartial individuals. Nothing
prohibits the use of other individuals or organizations such
as the Federal Mediation and Conciliation Service or the
American Arbitration Association selected by both the
exclusive bargaining representative and the employer.
If the parties engaged in collective bargaining fail to
reach an agreement within 45 days of the scheduled start of the
forthcoming school year and have not requested mediation, the

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Illinois Educational Labor Relations Board shall invoke
mediation.
Whenever mediation is initiated or invoked under this
subsection (a), the parties may stipulate to defer selection
of a mediator in accordance with rules adopted by the Board.
(a-5) This subsection (a-5) applies only to collective
bargaining between a public school district or a combination
of public school districts, including, but not limited to,
joint cooperatives, that is not organized under Article 34 of
the School Code and an exclusive representative of its
employees.
(1) Any time 15 days after mediation has commenced,
either party may initiate the public posting process. The
mediator may initiate the public posting process at any
time 15 days after mediation has commenced during the
mediation process. Initiation of the public posting
process must be filed in writing with the Board, and
copies must be submitted to the parties on the same day the
initiation is filed with the Board.
(2) Within 7 days after the initiation of the public
posting process, each party shall submit to the mediator,
the Board, and the other party in writing the most recent
offer of the party, including a cost summary of the offer.
Seven days after receipt of the parties' offers, the Board
shall make public the offers and each party's cost summary
dealing with those issues on which the parties have failed

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to reach agreement by immediately posting the offers on
its Internet website, unless otherwise notified by the
mediator or jointly by the parties that agreement has been
reached. On the same day of publication by the Board, at a
minimum, the school district shall distribute notice of
the availability of the offers on the Board's Internet
website to all news media that have filed an annual
request for notices from the school district pursuant to
Section 2.02 of the Open Meetings Act. The parties' offers
shall remain on the Board's Internet website until the
parties have reached and ratified an agreement.
(a-10) This subsection (a-10) applies only to collective
bargaining between a public school district organized under
Article 34 of the School Code and an exclusive representative
of its employees, other than educational employees who are
forbidden from striking under this Act. For educational
employees who are forbidden from striking, either the employer
or exclusive representative may elect to utilize the
fact-finding procedures set forth in this subsection (a-10),
except as otherwise specified in paragraph (5) of this
subsection (a-10).
(1) For collective bargaining agreements between an
educational employer to which this subsection (a-10)
applies and an exclusive representative of its employees,
if the parties fail to reach an agreement after a
reasonable period of mediation, the dispute shall be

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submitted to fact-finding in accordance with this
subsection (a-10). Either the educational employer or the
exclusive representative may initiate fact-finding by
submitting a written demand to the other party with a copy
of the demand submitted simultaneously to the Board.
(2) Within 3 days following a party's demand for
fact-finding, each party shall appoint one member of the
fact-finding panel, unless the parties agree to proceed
without a tri-partite panel. Following these appointments,
if any, the parties shall select a qualified impartial
individual to serve as the fact-finder and chairperson of
the fact-finding panel, if applicable. An individual shall
be considered qualified to serve as the fact-finder and
chairperson of the fact-finding panel, if applicable, if
he or she was not the same individual who was appointed as
the mediator and if he or she satisfies the following
requirements: membership in good standing with the
National Academy of Arbitrators, Federal Mediation and
Conciliation Service, or American Arbitration Association
for a minimum of 10 years; membership on the mediation
roster for the Illinois Labor Relations Board or Illinois
Educational Labor Relations Board; issuance of at least 5
interest arbitration awards arising under the Illinois
Public Labor Relations Act; and participation in impasse
resolution processes arising under private or public
sector collective bargaining statutes in other states. If

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the parties are unable to agree on a fact-finder, the
parties shall request a panel of fact-finders who satisfy
the requirements set forth in this paragraph (2) from
either the Federal Mediation and Conciliation Service or
the American Arbitration Association and shall select a
fact-finder from such panel in accordance with the
procedures established by the organization providing the
panel.
(3) The fact-finder shall have the following duties
and powers:
(A) to require the parties to submit a statement
of disputed issues and their positions regarding each
issue either jointly or separately;
(B) to identify disputed issues that are economic
in nature;
(C) to meet with the parties either separately or
in executive sessions;
(D) to conduct hearings and regulate the time,
place, course, and manner of the hearings;
(E) to request the Board to issue subpoenas
requiring the attendance and testimony of witnesses or
the production of evidence;
(F) to administer oaths and affirmations;
(G) to examine witnesses and documents;
(H) to create a full and complete written record
of the hearings;

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(I) to attempt mediation or remand a disputed
issue to the parties for further collective
bargaining;
(J) to require the parties to submit final offers
for each disputed issue either individually or as a
package or as a combination of both; and
(K) to employ any other measures deemed
appropriate to resolve the impasse.
(4) If the dispute is not settled within 75 days after
the appointment of the fact-finding panel, the
fact-finding panel shall issue a private report to the
parties that contains advisory findings of fact and
recommended terms of settlement for all disputed issues
and that sets forth a rationale for each recommendation.
The fact-finding panel, acting by a majority of its
members, shall base its findings and recommendations upon
the following criteria as applicable:
(A) the lawful authority of the employer;
(B) the federal and State statutes or local
ordinances and resolutions applicable to the employer;
(C) prior collective bargaining agreements and the
bargaining history between the parties;
(D) stipulations of the parties;
(E) the interests and welfare of the public and
the students and families served by the employer;
(F) the employer's financial ability to fund the

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proposals based on existing available resources,
provided that such ability is not predicated on an
assumption that lines of credit or reserve funds are
available or that the employer may or will receive or
develop new sources of revenue or increase existing
sources of revenue;
(G) the impact of any economic adjustments on the
employer's ability to pursue its educational mission;
(H) the present and future general economic
conditions in the locality and State;
(I) a comparison of the wages, hours, and
conditions of employment of the employees involved in
the dispute with the wages, hours, and conditions of
employment of employees performing similar services in
public education in the 10 largest U.S. cities, and
for educational employees who are forbidden to strike,
this comparison shall be based on comparable
communities;
(J) the average consumer prices in urban areas for
goods and services, which is commonly known as the
cost of living;
(K) the overall compensation presently received by
the employees involved in the dispute, including
direct wage compensation; vacations, holidays, and
other excused time; insurance and pensions; medical
and hospitalization benefits; the continuity and

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stability of employment and all other benefits
received; and how each party's proposed compensation
structure supports the educational goals of the
district, and for educational employees who are
forbidden from striking, this analysis shall also
include all other employees who are employed by the
educational employer;
(L) changes in any of the circumstances listed in
items (A) through (K) of this paragraph (4) during the
fact-finding proceedings;
(M) the effect that any term the parties are at
impasse on has or may have on the overall educational
environment, learning conditions, and working
conditions with the school district; and
(N) the effect that any term the parties are at
impasse on has or may have in promoting the public
policy of this State.
(5) The fact-finding panel's recommended terms of
settlement shall be deemed agreed upon by the parties as
the final resolution of the disputed issues and
incorporated into the collective bargaining agreement
executed by the parties, unless either party tenders to
the other party and the chairperson of the fact-finding
panel a notice of rejection of the recommended terms of
settlement with a rationale for the rejection, within 15
days after the date of issuance of the fact-finding

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panel's report. With regard to educational employees who
are forbidden from striking, if either party submits a
notice of rejection, either party may utilize mandatory
interest arbitration proceedings established in subsection
(e). For all other educational employees subject to this
subsection (a-10), if If either party submits a notice of
rejection, the chairperson of the fact-finding panel shall
publish the fact-finding panel's report and the notice of
rejection for public information by delivering a copy to
all newspapers of general circulation in the community
with simultaneous written notice to the parties.
The changes made to this subsection (a-10) by this
amendatory Act of the 103rd General Assembly apply only to
collective bargaining agreements entered into, modified,
extended, or renewed on or after the effective date of this
amendatory Act of the 103rd General Assembly.
(b) (Blank).
(c) The costs of fact finding and mediation shall be
shared equally between the employer and the exclusive
bargaining agent, provided that, for purposes of mediation
under this Act, if either party requests the use of mediation
services from the Federal Mediation and Conciliation Service,
the other party shall either join in such request or bear the
additional cost of mediation services from another source. All
other costs and expenses of complying with this Section must
be borne by the party incurring them.

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(c-5) If an educational employer or exclusive bargaining
representative refuses to participate in mediation or fact
finding when required by this Section, the refusal shall be
deemed a refusal to bargain in good faith.
(d) Nothing in this Act prevents an employer and an
exclusive bargaining representative from mutually submitting
to final and binding impartial arbitration unresolved issues
concerning the terms of a new collective bargaining agreement.
(e) This subsection (e) applies only to collective
bargaining between a public school district organized under
Article 34 of the School Code and an exclusive representative
of educational employees who are forbidden from striking under
this Act. Educational employees who are forbidden from
striking have the right to submit all negotiation disputes,
including, but not limited to, mid-term disputes and impact
bargaining disputes, for resolution through the following
mandatory arbitration procedures:
(1) For collective bargaining agreements between an
educational employer and exclusive representative,
mediation shall commence upon 15 days' notice from either
party or at such later time as the mediation services so
chosen can be provided to the parties. If fact-finding
procedures under subsection (a-10) were utilized, the
parties shall be deemed to have satisfied the requirement
to engage in mediation before requesting arbitration. In
mediation under this Section, if either party requests the

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use of mediation services from the Federal Mediation and
Conciliation Service, the other party shall either join in
such request or bear the additional cost of mediation
services from another source. The mediator shall have a
duty to keep the Board informed on the progress of the
mediation. If any dispute has not been resolved within 15
days after the first meeting of the parties and the
mediator or within such other time limit as may be
mutually agreed upon by the parties, either the exclusive
representative or employer may request of the other, in
writing, arbitration, and shall submit a copy of the
request to the Board.
(2) Within 10 days after such a request for
arbitration has been made, the educational employer shall
choose a delegate and the employees' exclusive
representative shall choose a delegate to a panel of
arbitration as provided in this Section. The employer and
employees shall forthwith advise the other and the Board
of their selections. The parties may agree to waive the
tripartite panel and use a sole arbitrator to resolve the
dispute.
(3) Within 7 days after the request of either party,
the parties shall request a panel of impartial arbitrators
from which they shall select the neutral chairperson or
sole arbitrator according to the procedures provided in
this Section. If the parties have agreed to a contract

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that contains a grievance resolution procedure, the
chairperson or sole arbitrator shall be selected using
their agreed contract procedure unless they mutually agree
to another procedure. In the absence of an agreed contract
procedure for selecting an impartial arbitrator, the
parties shall submit a request to the Federal Mediation
and Conciliation Services for a panel of 7 arbitrators who
are members in good standing with the National Academy of
Arbitrators and have issued at least 5 interest
arbitration awards arising under either the Illinois
Public Labor Relations Act or this Act. The parties shall
conduct a coin toss to determine who strikes first, and
the parties shall alternately strike arbitrators from the
list until one remains. The parties shall promptly notify
the Board of their selection.
(4) The chairperson or sole arbitrator shall call a
hearing to begin within 15 days or as otherwise mutually
agreed upon by the parties and give reasonable notice of
the time and place of the hearing. The hearing shall be
held at the offices of the Board or at such other location
as mutually agreed upon by the parties. The chairperson or
sole arbitrator shall preside over the hearing and shall
take testimony. Any oral or documentary evidence and other
data deemed relevant by the arbitration panel or sole
arbitrator may be received in evidence. The proceedings
shall be informal. Technical rules of evidence shall not

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apply and the competency of the evidence shall not thereby
be deemed impaired. A verbatim record of the proceedings
shall be made and the arbitrator shall arrange for the
necessary recording service. Transcripts may be ordered at
the expense of the party ordering them, but the
transcripts shall not be necessary for a decision by the
arbitration panel or sole arbitrator. The expense of the
proceedings, including a fee for the chairperson or sole
arbitrator, shall be borne equally by each of the parties
to the dispute. The delegates, if educational employees,
shall continue on the payroll of the educational employer
without loss of pay. The hearing conducted by the
arbitration panel or sole arbitrator may be adjourned from
time to time, but, unless otherwise agreed by the parties,
shall be concluded within 30 days after the time of its
commencement. Majority actions and rulings shall
constitute the actions and rulings of the arbitration
panel. Arbitration proceedings under this Section shall
not be interrupted or terminated by reason of any unfair
labor practice charge filed by either party at any time.
(5) The arbitration panel or sole arbitrator may
administer oaths, require the attendance of witnesses and
the production of such books, papers, contracts,
agreements, and documents as may be deemed by it material
to a just determination of the issues in dispute, and, for
such purpose, may issue subpoenas. If any person refuses

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to obey a subpoena or refuses to be sworn or to testify or
if any witness, party, or attorney is guilty of contempt
while in attendance at any hearing, the arbitration panel
or sole arbitrator may, or the Attorney General if
requested shall, invoke the aid of any circuit court
within the jurisdiction in which the hearing is being
held, which court shall issue an appropriate order. Any
failure to obey the order may be punished by the court as
contempt.
(6) At any time before the rendering of an award, the
chairperson of the arbitration panel or sole arbitrator,
if he or she is of the opinion that it would be useful or
beneficial to do so, may remand the dispute to the parties
for further collective bargaining for a period not to
exceed 2 weeks. If the dispute is remanded for further
collective bargaining, the time provisions of this Act
shall be extended for a time period equal to that of the
remand. The chairperson of the panel of arbitration or
sole arbitrator shall notify the Board of the remand.
(7) At or before the conclusion of the hearing held
pursuant to paragraph (4), the arbitration panel or sole
arbitrator shall identify the economic issues in dispute
and direct each of the parties to submit, within such time
limit as the panel shall prescribe, to the arbitration
panel or sole arbitrator and to each other its last offer
of settlement on each economic issue. The determination of

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the arbitration panel or sole arbitrator as to the issues
in dispute and as to which of these issues are economic
shall be conclusive. The arbitration panel or sole
arbitrator, within 30 days after the conclusion of the
hearing or such further additional periods to which the
parties may agree, shall make written findings of fact and
promulgate a written opinion and shall mail or otherwise
deliver a true copy thereof to the parties and their
representatives and to the Board. As to each economic
issue, the arbitration panel or sole arbitrator shall
adopt the last offer of settlement that, in the opinion of
the arbitration panel or sole arbitrator, more nearly
complies with the applicable factors prescribed in
paragraph (8). The findings, opinions, and order as to all
other issues shall be based upon the applicable factors
prescribed in paragraph (8).
(8) If there is no agreement between the parties or if
there is an agreement but the parties have begun
negotiations or discussions looking to a new agreement or
amendment of the existing agreement and wage rates or
other conditions of employment under the proposed new or
amended agreement are in dispute, the arbitration panel or
sole arbitrator shall base its findings, opinions, and
order upon the following factors, as applicable:
(A) the lawful authority of the employer;
(B) the federal and State statutes or local

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ordinances and resolutions applicable to the employer
or employees;
(C) prior collective bargaining agreements and the
bargaining history between the parties;
(D) stipulations of the parties;
(E) the interests and welfare of the public and
the students and families served by the employer;
(F) the employer's financial ability to fund the
proposals based on existing available resources,
provided that such ability is not predicated on an
assumption that lines of credit or reserve funds are
available or that the employer may or will receive or
develop new sources of revenue or increase existing
sources of revenue;
(G) the impact of any economic adjustments on the
employer's ability to pursue its educational mission;
(H) the present and future general economic
conditions in the locality and State;
(I) a comparison of the wages, hours, and
conditions of employment of the employees involved in
the dispute with the wages, hours, and conditions of
employment of employees performing similar services in
public education in comparable communities;
(J) the average consumer prices in urban areas for
goods and services, which is commonly known as the
cost of living;

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(K) the overall compensation presently received by
the employees involved in the dispute and by all other
employees who are employed by the educational
employer, including direct wage compensation;
vacations, holidays, and other excused time; insurance
and pensions; medical and hospitalization benefits;
the continuity and stability of employment and all
other benefits received; and how each party's proposed
compensation structure supports the educational goals
of the district;
(L) changes in any of the circumstances listed in
items (A) through (K) of this paragraph (8) during the
arbitration proceedings;
(M) the effect that any term the parties are at
impasse on has or may have on the overall educational
environment, learning conditions, and working
conditions with the school district;
(N) the effect that any term the parties are at
impasse on has or may have in promoting the public
policy of this State; and
(O) such other factors, not confined to the
foregoing, that are normally or traditionally taken in
consideration in the determination of wages, hours,
and conditions of employment through voluntary
collective bargaining, mediation, fact-finding, or
arbitration or otherwise between the parties in the

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public service or private employment.
(9) Arbitration procedures shall be deemed to be
initiated by the filing of a letter requesting mediation
as required under paragraph (1). The commencement of a new
fiscal year after the initiation of arbitration procedures
under this Act but before the arbitration decision or its
enforcement shall not be deemed to render a dispute moot
or to otherwise impair the jurisdiction or authority of
the arbitration panel or sole arbitrator or its decision.
Increases in rates of compensation awarded by the
arbitration panel or sole arbitrator may be effective only
at the start of the fiscal year next commencing after the
date of the arbitration award. If a new fiscal year has
commenced either since the initiation of arbitration
procedures under this Act or since any mutually agreed
extension of the statutorily required period of mediation
under this Act by the parties to the labor dispute causing
a delay in the initiation of arbitration, the foregoing
limitations shall be inapplicable, and such awarded
increases may be retroactive to the commencement of the
fiscal year, any other statute or charter provisions to
the contrary, notwithstanding. At any time the parties, by
stipulation, may amend or modify an award of arbitration.
(10) Orders of the arbitration panel or sole
arbitrator shall be reviewable, upon appropriate petition
by either the educational employer or the exclusive

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bargaining representative, by the circuit court for the
county in which the dispute arose or in which a majority of
the affected employees reside but only for reasons that
the arbitration panel or sole arbitrator was without or
exceeded its statutory authority; the order is arbitrary
or capricious; or the order was procured by fraud,
collusion, or other similar and unlawful means. Such
petitions for review must be filed with the appropriate
circuit court within 90 days following the issuance of the
arbitration order. The pendency of such proceeding for
review shall not automatically stay the order of the
arbitration panel or sole arbitrator. The party against
whom the final decision of any such court shall be
adverse, if such court finds such appeal or petition to be
frivolous, shall pay reasonable attorney's fees and costs
to the successful party, as determined by the court in its
discretion. If the court's decision affirms the award of
money, such award, if retroactive, shall bear interest at
the rate of 12% per annum from the effective retroactive
date.
(11) During the pendency of proceedings before the
arbitration panel or sole arbitrator, existing wages,
hours, and other conditions of employment shall not be
changed by action of either party without the consent of
the other, but a party may so consent without prejudice to
his or her rights or position under this Act. The

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proceedings are deemed to be pending before the
arbitration panel or sole arbitrator upon the initiation
of arbitration procedures under this Act. The educational
employees covered by this subsection (e) may not withhold
services, nor may educational employers lock out or
prevent such employees from performing services at any
time.
(12) All of the terms decided upon by the arbitration
panel or sole arbitrator shall be included in an agreement
to be submitted to the educational employer's governing
body for ratification and adoption by law, ordinance, or
the equivalent appropriate means.
The governing body shall review each term decided by
the arbitration panel or sole arbitrator. If the governing
body fails to reject one or more terms of the arbitration
panel's or sole arbitrator's decision by a three-fifths
vote of those duly elected and qualified members of the
governing body at the next regularly scheduled meeting of
the governing body after issuance, such term or terms
shall become a part of the collective bargaining agreement
of the parties. If the governing body affirmatively
rejects one or more terms of the arbitration panel's or
sole arbitrator's decision, it must provide written
reasons for such rejection with respect to each term so
rejected, within 20 days after such rejection and the
parties shall return to the arbitration panel or sole

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arbitrator for further proceedings and issuance of a
supplemental decision with respect to the rejected terms.
Any supplemental decision by an arbitration panel, sole
arbitrator, or other decision maker agreed to by the
parties shall be final and binding on the parties. The
voting requirements of this subsection (e) shall apply to
all disputes submitted to arbitration pursuant to this
Section, notwithstanding any contrary voting requirements
contained in any existing collective bargaining agreement
between the parties.
(13) If the governing body of the employer votes to
reject the panel's or sole arbitrator's decision, the
parties shall return to the panel or sole arbitrator
within 30 days from the issuance of the reasons for
rejection for further proceedings and issuance of a final
and binding supplemental decision. All reasonable costs of
such supplemental proceeding, including the exclusive
representative's reasonable attorney's fees, as
established by the Board, shall be paid by the educational
employer.
(14) Notwithstanding the other provisions of this
subsection (e), the educational employer and exclusive
representative may agree to submit unresolved disputes
concerning wages, hours, terms, and conditions of
employment to an alternative form of impasse resolution.
(15) The costs of mediation and arbitration shall be

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shared equally between the educational employer and the
exclusive bargaining agent, provided that, for purposes of
mediation under this Act, if either party requests the use
of mediation services from the Federal Mediation and
Conciliation Service, the other party shall either join in
such request or bear the additional cost of mediation
services from another source. All other costs and expenses
of complying with this Section must be borne by the party
incurring them, except as otherwise expressly provided in
this subsection (e).
If an educational employer or exclusive bargaining
representative refuses to participate in mediation or
arbitration when required by this Section, the refusal shall
be deemed a refusal to bargain in good faith.
Nothing in this Act prevents an employer and an exclusive
bargaining representative who are not subject to mandatory
arbitration under this subsection (e) from mutually submitting
to final and binding impartial arbitration unresolved issues
concerning the terms of a new collective bargaining agreement.
This subsection (e) applies only to collective bargaining
agreements entered into, modified, extended, or renewed on or
after the effective date of this amendatory Act of the 103rd
General Assembly.
(Source: P.A. 101-664, eff. 4-2-21.)