Bill Text: IL HB0673 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Public Labor Relations Act. Removes language requiring employees who are not members of a representing labor organization to pay a proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and conditions of employment under a collective bargaining agreement. Provides that employees shall not be required to perform certain acts as a condition of obtaining or continuing public employment. Provides that public employees shall have the right to bargain independently in their relations with the public employer. Provides that an agreement, contract, understanding, or practice between or involving a public employer, labor organization, or exclusive representative that violates the provisions concerning independent bargaining or requires an employee to perform certain forbidden acts as a condition of obtaining or continuing public employment is unlawful and unenforceable. Removes language concerning fair share agreements in collective bargaining. Provides that public employees who are not members of a labor organization may represent themselves in grievance resolution procedures. Provides that public employees who have chosen to bargain independently may be party to mediation and fact-finding proceedings. Modifies the terms "collective bargaining", "exclusive representative", and "labor organization". Removes the term "fair share agreement". Defines "independent bargaining" or "to bargain independently". Makes conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0673 Detail]

Download: Illinois-2017-HB0673-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0673

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/4 from Ch. 48, par. 1604
5 ILCS 315/6 from Ch. 48, par. 1606
5 ILCS 315/7 from Ch. 48, par. 1607
5 ILCS 315/8 from Ch. 48, par. 1608
5 ILCS 315/9 from Ch. 48, par. 1609
5 ILCS 315/10 from Ch. 48, par. 1610
5 ILCS 315/12 from Ch. 48, par. 1612
5 ILCS 315/13 from Ch. 48, par. 1613

Amends the Illinois Public Labor Relations Act. Removes language requiring employees who are not members of a representing labor organization to pay a proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and conditions of employment under a collective bargaining agreement. Provides that employees shall not be required to perform certain acts as a condition of obtaining or continuing public employment. Provides that public employees shall have the right to bargain independently in their relations with the public employer. Provides that an agreement, contract, understanding, or practice between or involving a public employer, labor organization, or exclusive representative that violates the provisions concerning independent bargaining or requires an employee to perform certain forbidden acts as a condition of obtaining or continuing public employment is unlawful and unenforceable. Removes language concerning fair share agreements in collective bargaining. Provides that public employees who are not members of a labor organization may represent themselves in grievance resolution procedures. Provides that public employees who have chosen to bargain independently may be party to mediation and fact-finding proceedings. Modifies the terms "collective bargaining", "exclusive representative", and "labor organization". Removes the term "fair share agreement". Defines "independent bargaining" or "to bargain independently". Makes conforming changes.
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A BILL FOR

HB0673LRB100 00084 RJF 10088 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3, 4, 6, 7, 8, 9, 10, 12, and 13 as
6follows:
7 (5 ILCS 315/3) (from Ch. 48, par. 1603)
8 Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10 (a) "Board" means the Illinois Labor Relations Board or,
11with respect to a matter over which the jurisdiction of the
12Board is assigned to the State Panel or the Local Panel under
13Section 5, the panel having jurisdiction over the matter.
14 (b) "Collective bargaining" means bargaining over terms
15and conditions of employment for members of a labor
16organization, employee organization, bargaining agent, or
17exclusive bargaining representative, including hours, wages,
18and other conditions of employment, as detailed in Section 7
19and which are not excluded by Section 4.
20 (c) "Confidential employee" means an employee who, in the
21regular course of his or her duties, assists and acts in a
22confidential capacity to persons who formulate, determine, and
23effectuate management policies with regard to labor relations

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1or who, in the regular course of his or her duties, has
2authorized access to information relating to the effectuation
3or review of the employer's collective bargaining policies.
4 (d) "Craft employees" means skilled journeymen, crafts
5persons, and their apprentices and helpers.
6 (e) "Essential services employees" means those public
7employees performing functions so essential that the
8interruption or termination of the function will constitute a
9clear and present danger to the health and safety of the
10persons in the affected community.
11 (f) "Exclusive representative", except with respect to
12non-State fire fighters and paramedics employed by fire
13departments and fire protection districts, non-State peace
14officers, and peace officers in the Department of State Police,
15means the labor organization, which is the sole representative
16for all public employees in a collective bargaining unit who
17are members of the organization and do not independently
18bargain, that has been (i) designated by the Board as the
19representative of a majority of public employees in an
20appropriate bargaining unit in accordance with the procedures
21contained in this Act, (ii) historically recognized by the
22State of Illinois or any political subdivision of the State
23before July 1, 1984 (the effective date of this Act) as the
24exclusive representative of the employees in an appropriate
25bargaining unit, (iii) after July 1, 1984 (the effective date
26of this Act) recognized by an employer upon evidence,

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1acceptable to the Board, that the labor organization has been
2designated as the exclusive representative by a majority of the
3employees in an appropriate bargaining unit; (iv) recognized as
4the exclusive representative of personal assistants under
5Executive Order 2003-8 prior to the effective date of this
6amendatory Act of the 93rd General Assembly, and the
7organization shall be considered to be the exclusive
8representative of the personal assistants as defined in this
9Section; or (v) recognized as the exclusive representative of
10child and day care home providers, including licensed and
11license exempt providers, pursuant to an election held under
12Executive Order 2005-1 prior to the effective date of this
13amendatory Act of the 94th General Assembly, and the
14organization shall be considered to be the exclusive
15representative of the child and day care home providers as
16defined in this Section.
17 With respect to non-State fire fighters and paramedics
18employed by fire departments and fire protection districts,
19non-State peace officers, and peace officers in the Department
20of State Police, "exclusive representative" means the labor
21organization, which is the sole representative for all public
22employees in a collective bargaining unit who are members of
23the organization and do not independently bargain, that has
24been (i) designated by the Board as the representative of a
25majority of peace officers or fire fighters in an appropriate
26bargaining unit in accordance with the procedures contained in

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1this Act, (ii) historically recognized by the State of Illinois
2or any political subdivision of the State before January 1,
31986 (the effective date of this amendatory Act of 1985) as the
4exclusive representative by a majority of the peace officers or
5fire fighters in an appropriate bargaining unit, or (iii) after
6January 1, 1986 (the effective date of this amendatory Act of
71985) recognized by an employer upon evidence, acceptable to
8the Board, that the labor organization has been designated as
9the exclusive representative by a majority of the peace
10officers or fire fighters in an appropriate bargaining unit.
11 Where a historical pattern of representation exists for the
12workers of a water system that was owned by a public utility,
13as defined in Section 3-105 of the Public Utilities Act, prior
14to becoming certified employees of a municipality or
15municipalities once the municipality or municipalities have
16acquired the water system as authorized in Section 11-124-5 of
17the Illinois Municipal Code, the Board shall find the labor
18organization that has historically represented the workers to
19be the exclusive representative of members of the labor
20organization under this Act, and shall find the unit
21represented by the exclusive representative to be the
22appropriate unit.
23 (g) (Blank). "Fair share agreement" means an agreement
24between the employer and an employee organization under which
25all or any of the employees in a collective bargaining unit are
26required to pay their proportionate share of the costs of the

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1collective bargaining process, contract administration, and
2pursuing matters affecting wages, hours, and other conditions
3of employment, but not to exceed the amount of dues uniformly
4required of members. The amount certified by the exclusive
5representative shall not include any fees for contributions
6related to the election or support of any candidate for
7political office. Nothing in this subsection (g) shall preclude
8an employee from making voluntary political contributions in
9conjunction with his or her fair share payment.
10 (g-1) "Fire fighter" means, for the purposes of this Act
11only, any person who has been or is hereafter appointed to a
12fire department or fire protection district or employed by a
13state university and sworn or commissioned to perform fire
14fighter duties or paramedic duties, except that the following
15persons are not included: part-time fire fighters, auxiliary,
16reserve or voluntary fire fighters, including paid on-call fire
17fighters, clerks and dispatchers or other civilian employees of
18a fire department or fire protection district who are not
19routinely expected to perform fire fighter duties, or elected
20officials.
21 (g-2) "General Assembly of the State of Illinois" means the
22legislative branch of the government of the State of Illinois,
23as provided for under Article IV of the Constitution of the
24State of Illinois, and includes but is not limited to the House
25of Representatives, the Senate, the Speaker of the House of
26Representatives, the Minority Leader of the House of

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1Representatives, the President of the Senate, the Minority
2Leader of the Senate, the Joint Committee on Legislative
3Support Services and any legislative support services agency
4listed in the Legislative Commission Reorganization Act of
51984.
6 (h) "Governing body" means, in the case of the State, the
7State Panel of the Illinois Labor Relations Board, the Director
8of the Department of Central Management Services, and the
9Director of the Department of Labor; the county board in the
10case of a county; the corporate authorities in the case of a
11municipality; and the appropriate body authorized to provide
12for expenditures of its funds in the case of any other unit of
13government.
14 (h-5) "Independent bargaining" or "to bargain
15independently" means to bargain between a public employer and a
16public employee with respect to rates of pay, wages, hours of
17employment, adjustment of grievances or other terms and
18conditions of employment without the intervention of a labor
19organization, employee organization, bargaining agent, or
20exclusive representative.
21 (1) Independent bargaining does not grant any greater
22 or lesser rights or privileges to public employees who have
23 chosen to represent themselves in a unit with an exclusive
24 bargaining representative than those public employees in a
25 unit without an exclusive representative.
26 (2) Independent bargaining does not grant any greater

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1 or lesser duties or obligations for a public employer to
2 public employees who have chosen to represent themselves in
3 a unit with an exclusive representative than those duties
4 or obligations the public employer owe to public employees
5 in a unit without an exclusive representative.
6 (i) "Labor organization" means any organization in which
7public employees participate and that exists for the purpose,
8in whole or in part, of dealing with a public employer
9concerning wages, hours, and other terms and conditions of
10employment, including the settlement of grievances for members
11of the organization.
12 (i-5) "Legislative liaison" means a person who is an
13employee of a State agency, the Attorney General, the Secretary
14of State, the Comptroller, or the Treasurer, as the case may
15be, and whose job duties require the person to regularly
16communicate in the course of his or her employment with any
17official or staff of the General Assembly of the State of
18Illinois for the purpose of influencing any legislative action.
19 (j) "Managerial employee" means an individual who is
20engaged predominantly in executive and management functions
21and is charged with the responsibility of directing the
22effectuation of management policies and practices. With
23respect only to State employees in positions under the
24jurisdiction of the Attorney General, Secretary of State,
25Comptroller, or Treasurer (i) that were certified in a
26bargaining unit on or after December 2, 2008, (ii) for which a

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1petition is filed with the Illinois Public Labor Relations
2Board on or after April 5, 2013 (the effective date of Public
3Act 97-1172), or (iii) for which a petition is pending before
4the Illinois Public Labor Relations Board on that date,
5"managerial employee" means an individual who is engaged in
6executive and management functions or who is charged with the
7effectuation of management policies and practices or who
8represents management interests by taking or recommending
9discretionary actions that effectively control or implement
10policy. Nothing in this definition prohibits an individual from
11also meeting the definition of "supervisor" under subsection
12(r) of this Section.
13 (k) "Peace officer" means, for the purposes of this Act
14only, any persons who have been or are hereafter appointed to a
15police force, department, or agency and sworn or commissioned
16to perform police duties, except that the following persons are
17not included: part-time police officers, special police
18officers, auxiliary police as defined by Section 3.1-30-20 of
19the Illinois Municipal Code, night watchmen, "merchant
20police", court security officers as defined by Section 3-6012.1
21of the Counties Code, temporary employees, traffic guards or
22wardens, civilian parking meter and parking facilities
23personnel or other individuals specially appointed to aid or
24direct traffic at or near schools or public functions or to aid
25in civil defense or disaster, parking enforcement employees who
26are not commissioned as peace officers and who are not armed

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1and who are not routinely expected to effect arrests, parking
2lot attendants, clerks and dispatchers or other civilian
3employees of a police department who are not routinely expected
4to effect arrests, or elected officials.
5 (l) "Person" includes one or more individuals, labor
6organizations, public employees, associations, corporations,
7legal representatives, trustees, trustees in bankruptcy,
8receivers, or the State of Illinois or any political
9subdivision of the State or governing body, but does not
10include the General Assembly of the State of Illinois or any
11individual employed by the General Assembly of the State of
12Illinois.
13 (m) "Professional employee" means any employee engaged in
14work predominantly intellectual and varied in character rather
15than routine mental, manual, mechanical or physical work;
16involving the consistent exercise of discretion and adjustment
17in its performance; of such a character that the output
18produced or the result accomplished cannot be standardized in
19relation to a given period of time; and requiring advanced
20knowledge in a field of science or learning customarily
21acquired by a prolonged course of specialized intellectual
22instruction and study in an institution of higher learning or a
23hospital, as distinguished from a general academic education or
24from apprenticeship or from training in the performance of
25routine mental, manual, or physical processes; or any employee
26who has completed the courses of specialized intellectual

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1instruction and study prescribed in this subsection (m) and is
2performing related work under the supervision of a professional
3person to qualify to become a professional employee as defined
4in this subsection (m).
5 (n) "Public employee" or "employee", for the purposes of
6this Act, means any individual employed by a public employer,
7including (i) interns and residents at public hospitals, (ii)
8as of the effective date of this amendatory Act of the 93rd
9General Assembly, but not before, personal assistants working
10under the Home Services Program under Section 3 of the
11Rehabilitation of Persons with Disabilities Act, subject to the
12limitations set forth in this Act and in the Rehabilitation of
13Persons with Disabilities Act, (iii) as of the effective date
14of this amendatory Act of the 94th General Assembly, but not
15before, child and day care home providers participating in the
16child care assistance program under Section 9A-11 of the
17Illinois Public Aid Code, subject to the limitations set forth
18in this Act and in Section 9A-11 of the Illinois Public Aid
19Code, (iv) as of January 29, 2013 (the effective date of Public
20Act 97-1158), but not before except as otherwise provided in
21this subsection (n), home care and home health workers who
22function as personal assistants and individual maintenance
23home health workers and who also work under the Home Services
24Program under Section 3 of the Rehabilitation of Persons with
25Disabilities Act, no matter whether the State provides those
26services through direct fee-for-service arrangements, with the

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1assistance of a managed care organization or other
2intermediary, or otherwise, (v) beginning on the effective date
3of this amendatory Act of the 98th General Assembly and
4notwithstanding any other provision of this Act, any person
5employed by a public employer and who is classified as or who
6holds the employment title of Chief Stationary Engineer,
7Assistant Chief Stationary Engineer, Sewage Plant Operator,
8Water Plant Operator, Stationary Engineer, Plant Operating
9Engineer, and any other employee who holds the position of:
10Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
11Technical Manager I, Technical Manager II, Technical Manager
12III, Technical Manager IV, Technical Manager V, Technical
13Manager VI, Realty Specialist III, Realty Specialist IV, Realty
14Specialist V, Technical Advisor I, Technical Advisor II,
15Technical Advisor III, Technical Advisor IV, or Technical
16Advisor V employed by the Department of Transportation who is
17in a position which is certified in a bargaining unit on or
18before the effective date of this amendatory Act of the 98th
19General Assembly, and (vi) beginning on the effective date of
20this amendatory Act of the 98th General Assembly and
21notwithstanding any other provision of this Act, any mental
22health administrator in the Department of Corrections who is
23classified as or who holds the position of Public Service
24Administrator (Option 8K), any employee of the Office of the
25Inspector General in the Department of Human Services who is
26classified as or who holds the position of Public Service

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1Administrator (Option 7), any Deputy of Intelligence in the
2Department of Corrections who is classified as or who holds the
3position of Public Service Administrator (Option 7), and any
4employee of the Department of State Police who handles issues
5concerning the Illinois State Police Sex Offender Registry and
6who is classified as or holds the position of Public Service
7Administrator (Option 7), but excluding all of the following:
8employees of the General Assembly of the State of Illinois;
9elected officials; executive heads of a department; members of
10boards or commissions; the Executive Inspectors General; any
11special Executive Inspectors General; employees of each Office
12of an Executive Inspector General; commissioners and employees
13of the Executive Ethics Commission; the Auditor General's
14Inspector General; employees of the Office of the Auditor
15General's Inspector General; the Legislative Inspector
16General; any special Legislative Inspectors General; employees
17of the Office of the Legislative Inspector General;
18commissioners and employees of the Legislative Ethics
19Commission; employees of any agency, board or commission
20created by this Act; employees appointed to State positions of
21a temporary or emergency nature; all employees of school
22districts and higher education institutions except
23firefighters and peace officers employed by a state university
24and except peace officers employed by a school district in its
25own police department in existence on the effective date of
26this amendatory Act of the 96th General Assembly; managerial

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1employees; short-term employees; legislative liaisons; a
2person who is a State employee under the jurisdiction of the
3Office of the Attorney General who is licensed to practice law
4or whose position authorizes, either directly or indirectly,
5meaningful input into government decision-making on issues
6where there is room for principled disagreement on goals or
7their implementation; a person who is a State employee under
8the jurisdiction of the Office of the Comptroller who holds the
9position of Public Service Administrator or whose position is
10otherwise exempt under the Comptroller Merit Employment Code; a
11person who is a State employee under the jurisdiction of the
12Secretary of State who holds the position classification of
13Executive I or higher, whose position authorizes, either
14directly or indirectly, meaningful input into government
15decision-making on issues where there is room for principled
16disagreement on goals or their implementation, or who is
17otherwise exempt under the Secretary of State Merit Employment
18Code; employees in the Office of the Secretary of State who are
19completely exempt from jurisdiction B of the Secretary of State
20Merit Employment Code and who are in Rutan-exempt positions on
21or after April 5, 2013 (the effective date of Public Act
2297-1172); a person who is a State employee under the
23jurisdiction of the Treasurer who holds a position that is
24exempt from the State Treasurer Employment Code; any employee
25of a State agency who (i) holds the title or position of, or
26exercises substantially similar duties as a legislative

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1liaison, Agency General Counsel, Agency Chief of Staff, Agency
2Executive Director, Agency Deputy Director, Agency Chief
3Fiscal Officer, Agency Human Resources Director, Public
4Information Officer, or Chief Information Officer and (ii) was
5neither included in a bargaining unit nor subject to an active
6petition for certification in a bargaining unit; any employee
7of a State agency who (i) is in a position that is
8Rutan-exempt, as designated by the employer, and completely
9exempt from jurisdiction B of the Personnel Code and (ii) was
10neither included in a bargaining unit nor subject to an active
11petition for certification in a bargaining unit; any term
12appointed employee of a State agency pursuant to Section 8b.18
13or 8b.19 of the Personnel Code who was neither included in a
14bargaining unit nor subject to an active petition for
15certification in a bargaining unit; any employment position
16properly designated pursuant to Section 6.1 of this Act;
17confidential employees; independent contractors; and
18supervisors except as provided in this Act.
19 Home care and home health workers who function as personal
20assistants and individual maintenance home health workers and
21who also work under the Home Services Program under Section 3
22of the Rehabilitation of Persons with Disabilities Act shall
23not be considered public employees for any purposes not
24specifically provided for in Public Act 93-204 or Public Act
2597-1158, including but not limited to, purposes of vicarious
26liability in tort and purposes of statutory retirement or

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1health insurance benefits. Home care and home health workers
2who function as personal assistants and individual maintenance
3home health workers and who also work under the Home Services
4Program under Section 3 of the Rehabilitation of Persons with
5Disabilities Act shall not be covered by the State Employees
6Group Insurance Act of 1971 (5 ILCS 375/).
7 Child and day care home providers shall not be considered
8public employees for any purposes not specifically provided for
9in this amendatory Act of the 94th General Assembly, including
10but not limited to, purposes of vicarious liability in tort and
11purposes of statutory retirement or health insurance benefits.
12Child and day care home providers shall not be covered by the
13State Employees Group Insurance Act of 1971.
14 Notwithstanding Section 9, subsection (c), or any other
15provisions of this Act, all peace officers above the rank of
16captain in municipalities with more than 1,000,000 inhabitants
17shall be excluded from this Act.
18 (o) Except as otherwise in subsection (o-5), "public
19employer" or "employer" means the State of Illinois; any
20political subdivision of the State, unit of local government or
21school district; authorities including departments, divisions,
22bureaus, boards, commissions, or other agencies of the
23foregoing entities; and any person acting within the scope of
24his or her authority, express or implied, on behalf of those
25entities in dealing with its employees. As of the effective
26date of the amendatory Act of the 93rd General Assembly, but

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1not before, the State of Illinois shall be considered the
2employer of the personal assistants working under the Home
3Services Program under Section 3 of the Rehabilitation of
4Persons with Disabilities Act, subject to the limitations set
5forth in this Act and in the Rehabilitation of Persons with
6Disabilities Act. As of January 29, 2013 (the effective date of
7Public Act 97-1158), but not before except as otherwise
8provided in this subsection (o), the State shall be considered
9the employer of home care and home health workers who function
10as personal assistants and individual maintenance home health
11workers and who also work under the Home Services Program under
12Section 3 of the Rehabilitation of Persons with Disabilities
13Act, no matter whether the State provides those services
14through direct fee-for-service arrangements, with the
15assistance of a managed care organization or other
16intermediary, or otherwise, but subject to the limitations set
17forth in this Act and the Rehabilitation of Persons with
18Disabilities Act. The State shall not be considered to be the
19employer of home care and home health workers who function as
20personal assistants and individual maintenance home health
21workers and who also work under the Home Services Program under
22Section 3 of the Rehabilitation of Persons with Disabilities
23Act, for any purposes not specifically provided for in Public
24Act 93-204 or Public Act 97-1158, including but not limited to,
25purposes of vicarious liability in tort and purposes of
26statutory retirement or health insurance benefits. Home care

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1and home health workers who function as personal assistants and
2individual maintenance home health workers and who also work
3under the Home Services Program under Section 3 of the
4Rehabilitation of Persons with Disabilities Act shall not be
5covered by the State Employees Group Insurance Act of 1971 (5
6ILCS 375/). As of the effective date of this amendatory Act of
7the 94th General Assembly but not before, the State of Illinois
8shall be considered the employer of the day and child care home
9providers participating in the child care assistance program
10under Section 9A-11 of the Illinois Public Aid Code, subject to
11the limitations set forth in this Act and in Section 9A-11 of
12the Illinois Public Aid Code. The State shall not be considered
13to be the employer of child and day care home providers for any
14purposes not specifically provided for in this amendatory Act
15of the 94th General Assembly, including but not limited to,
16purposes of vicarious liability in tort and purposes of
17statutory retirement or health insurance benefits. Child and
18day care home providers shall not be covered by the State
19Employees Group Insurance Act of 1971.
20 "Public employer" or "employer" as used in this Act,
21however, does not mean and shall not include the General
22Assembly of the State of Illinois, the Executive Ethics
23Commission, the Offices of the Executive Inspectors General,
24the Legislative Ethics Commission, the Office of the
25Legislative Inspector General, the Office of the Auditor
26General's Inspector General, the Office of the Governor, the

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1Governor's Office of Management and Budget, the Illinois
2Finance Authority, the Office of the Lieutenant Governor, the
3State Board of Elections, and educational employers or
4employers as defined in the Illinois Educational Labor
5Relations Act, except with respect to a state university in its
6employment of firefighters and peace officers and except with
7respect to a school district in the employment of peace
8officers in its own police department in existence on the
9effective date of this amendatory Act of the 96th General
10Assembly. County boards and county sheriffs shall be designated
11as joint or co-employers of county peace officers appointed
12under the authority of a county sheriff. Nothing in this
13subsection (o) shall be construed to prevent the State Panel or
14the Local Panel from determining that employers are joint or
15co-employers.
16 (o-5) With respect to wages, fringe benefits, hours,
17holidays, vacations, proficiency examinations, sick leave, and
18other conditions of employment, the public employer of public
19employees who are court reporters, as defined in the Court
20Reporters Act, shall be determined as follows:
21 (1) For court reporters employed by the Cook County
22 Judicial Circuit, the chief judge of the Cook County
23 Circuit Court is the public employer and employer
24 representative.
25 (2) For court reporters employed by the 12th, 18th,
26 19th, and, on and after December 4, 2006, the 22nd judicial

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1 circuits, a group consisting of the chief judges of those
2 circuits, acting jointly by majority vote, is the public
3 employer and employer representative.
4 (3) For court reporters employed by all other judicial
5 circuits, a group consisting of the chief judges of those
6 circuits, acting jointly by majority vote, is the public
7 employer and employer representative.
8 (p) "Security employee" means an employee who is
9responsible for the supervision and control of inmates at
10correctional facilities. The term also includes other
11non-security employees in bargaining units having the majority
12of employees being responsible for the supervision and control
13of inmates at correctional facilities.
14 (q) "Short-term employee" means an employee who is employed
15for less than 2 consecutive calendar quarters during a calendar
16year and who does not have a reasonable assurance that he or
17she will be rehired by the same employer for the same service
18in a subsequent calendar year.
19 (q-5) "State agency" means an agency directly responsible
20to the Governor, as defined in Section 3.1 of the Executive
21Reorganization Implementation Act, and the Illinois Commerce
22Commission, the Illinois Workers' Compensation Commission, the
23Civil Service Commission, the Pollution Control Board, the
24Illinois Racing Board, and the Department of State Police Merit
25Board.
26 (r) "Supervisor" is:

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1 (1) An employee whose principal work is substantially
2 different from that of his or her subordinates and who has
3 authority, in the interest of the employer, to hire,
4 transfer, suspend, lay off, recall, promote, discharge,
5 direct, reward, or discipline employees, to adjust their
6 grievances, or to effectively recommend any of those
7 actions, if the exercise of that authority is not of a
8 merely routine or clerical nature, but requires the
9 consistent use of independent judgment. Except with
10 respect to police employment, the term "supervisor"
11 includes only those individuals who devote a preponderance
12 of their employment time to exercising that authority,
13 State supervisors notwithstanding. Nothing in this
14 definition prohibits an individual from also meeting the
15 definition of "managerial employee" under subsection (j)
16 of this Section. In addition, in determining supervisory
17 status in police employment, rank shall not be
18 determinative. The Board shall consider, as evidence of
19 bargaining unit inclusion or exclusion, the common law
20 enforcement policies and relationships between police
21 officer ranks and certification under applicable civil
22 service law, ordinances, personnel codes, or Division 2.1
23 of Article 10 of the Illinois Municipal Code, but these
24 factors shall not be the sole or predominant factors
25 considered by the Board in determining police supervisory
26 status.

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1 Notwithstanding the provisions of the preceding
2 paragraph, in determining supervisory status in fire
3 fighter employment, no fire fighter shall be excluded as a
4 supervisor who has established representation rights under
5 Section 9 of this Act. Further, in new fire fighter units,
6 employees shall consist of fire fighters of the rank of
7 company officer and below. If a company officer otherwise
8 qualifies as a supervisor under the preceding paragraph,
9 however, he or she shall not be included in the fire
10 fighter unit. If there is no rank between that of chief and
11 the highest company officer, the employer may designate a
12 position on each shift as a Shift Commander, and the
13 persons occupying those positions shall be supervisors.
14 All other ranks above that of company officer shall be
15 supervisors.
16 (2) With respect only to State employees in positions
17 under the jurisdiction of the Attorney General, Secretary
18 of State, Comptroller, or Treasurer (i) that were certified
19 in a bargaining unit on or after December 2, 2008, (ii) for
20 which a petition is filed with the Illinois Public Labor
21 Relations Board on or after April 5, 2013 (the effective
22 date of Public Act 97-1172), or (iii) for which a petition
23 is pending before the Illinois Public Labor Relations Board
24 on that date, an employee who qualifies as a supervisor
25 under (A) Section 152 of the National Labor Relations Act
26 and (B) orders of the National Labor Relations Board

HB0673- 22 -LRB100 00084 RJF 10088 b
1 interpreting that provision or decisions of courts
2 reviewing decisions of the National Labor Relations Board.
3 (s)(1) "Unit" means a class of jobs or positions that are
4held by employees whose collective interests may suitably be
5represented by a labor organization for collective bargaining.
6Except with respect to non-State fire fighters and paramedics
7employed by fire departments and fire protection districts,
8non-State peace officers, and peace officers in the Department
9of State Police, a bargaining unit determined by the Board
10shall not include both employees and supervisors, or
11supervisors only, except as provided in paragraph (2) of this
12subsection (s) and except for bargaining units in existence on
13July 1, 1984 (the effective date of this Act). With respect to
14non-State fire fighters and paramedics employed by fire
15departments and fire protection districts, non-State peace
16officers, and peace officers in the Department of State Police,
17a bargaining unit determined by the Board shall not include
18both supervisors and nonsupervisors, or supervisors only,
19except as provided in paragraph (2) of this subsection (s) and
20except for bargaining units in existence on January 1, 1986
21(the effective date of this amendatory Act of 1985). A
22bargaining unit determined by the Board to contain peace
23officers shall contain no employees other than peace officers
24unless otherwise agreed to by the employer and the labor
25organization or labor organizations involved. Notwithstanding
26any other provision of this Act, a bargaining unit, including a

HB0673- 23 -LRB100 00084 RJF 10088 b
1historical bargaining unit, containing sworn peace officers of
2the Department of Natural Resources (formerly designated the
3Department of Conservation) shall contain no employees other
4than such sworn peace officers upon the effective date of this
5amendatory Act of 1990 or upon the expiration date of any
6collective bargaining agreement in effect upon the effective
7date of this amendatory Act of 1990 covering both such sworn
8peace officers and other employees.
9 (2) Notwithstanding the exclusion of supervisors from
10bargaining units as provided in paragraph (1) of this
11subsection (s), a public employer may agree to permit its
12supervisory employees to form bargaining units and may bargain
13with those units. This Act shall apply if the public employer
14chooses to bargain under this subsection.
15 (3) Public employees who are court reporters, as defined in
16the Court Reporters Act, shall be divided into 3 units for
17collective bargaining purposes. One unit shall be court
18reporters employed by the Cook County Judicial Circuit; one
19unit shall be court reporters employed by the 12th, 18th, 19th,
20and, on and after December 4, 2006, the 22nd judicial circuits;
21and one unit shall be court reporters employed by all other
22judicial circuits.
23 (t) "Active petition for certification in a bargaining
24unit" means a petition for certification filed with the Board
25under one of the following case numbers: S-RC-11-110;
26S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;

HB0673- 24 -LRB100 00084 RJF 10088 b
1S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
2S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
3S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
4S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
5S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
6S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
7S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
8S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
9S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
10S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
11S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
12S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
13S-RC-07-100.
14(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
1599-143, eff. 7-27-15.)
16 (5 ILCS 315/4) (from Ch. 48, par. 1604)
17 (Text of Section WITH the changes made by P.A. 98-599,
18which has been held unconstitutional)
19 Sec. 4. Management Rights. Employers shall not be required
20to bargain over matters of inherent managerial policy, which
21shall include such areas of discretion or policy as the
22functions of the employer, standards of services, its overall
23budget, the organizational structure and selection of new
24employees, examination techniques and direction of employees.
25Employers, however, shall be required to bargain collectively

HB0673- 25 -LRB100 00084 RJF 10088 b
1with regard to policy matters directly affecting wages, hours
2and terms and conditions of employment as well as the impact
3thereon upon request by employee representatives, except as
4provided in Section 7.5.
5 To preserve the rights of employers and exclusive
6representatives which have established collective bargaining
7relationships or negotiated collective bargaining agreements
8prior to the effective date of this Act, employers shall be
9required to bargain collectively with regard to any matter
10concerning wages, hours or conditions of employment about which
11they have bargained for and agreed to in a collective
12bargaining agreement prior to the effective date of this Act,
13except as provided in Section 7.5.
14 The chief judge of the judicial circuit that employs a
15public employee who is a court reporter, as defined in the
16Court Reporters Act, has the authority to hire, appoint,
17promote, evaluate, discipline, and discharge court reporters
18within that judicial circuit.
19 Nothing in this amendatory Act of the 94th General Assembly
20shall be construed to intrude upon the judicial functions of
21any court. This amendatory Act of the 94th General Assembly
22applies only to nonjudicial administrative matters relating to
23the collective bargaining rights of court reporters.
24(Source: P.A. 98-599, eff. 6-1-14.)
25 (Text of Section WITHOUT the changes made by P.A. 98-599,

HB0673- 26 -LRB100 00084 RJF 10088 b
1which has been held unconstitutional)
2 Sec. 4. Management Rights. Employers shall not be required
3to bargain over matters of inherent managerial policy, which
4shall include such areas of discretion or policy as the
5functions of the employer, standards of services, its overall
6budget, the organizational structure and selection of new
7employees, examination techniques and direction of employees.
8Employers, however, shall be required to bargain collectively
9with regard to policy matters directly affecting wages, hours
10and terms and conditions of employment for members of an
11exclusive representative as well as the impact thereon upon
12request by employee representatives.
13 To preserve the rights of employers and exclusive
14representatives which have established collective bargaining
15relationships or negotiated collective bargaining agreements
16prior to the effective date of this Act, employers shall be
17required to bargain collectively with regard to any matter
18concerning wages, hours or conditions of employment about which
19they have bargained for and agreed to in a collective
20bargaining agreement prior to the effective date of this Act,
21except as provided in subsections (e-1) and (e-3) of Section 6.
22 The chief judge of the judicial circuit that employs a
23public employee who is a court reporter, as defined in the
24Court Reporters Act, has the authority to hire, appoint,
25promote, evaluate, discipline, and discharge court reporters
26within that judicial circuit.

HB0673- 27 -LRB100 00084 RJF 10088 b
1 Nothing in this amendatory Act of the 94th General Assembly
2shall be construed to intrude upon the judicial functions of
3any court. This amendatory Act of the 94th General Assembly
4applies only to nonjudicial administrative matters relating to
5the collective bargaining rights of court reporters.
6(Source: P.A. 94-98, eff. 7-1-05.)
7 (5 ILCS 315/6) (from Ch. 48, par. 1606)
8 Sec. 6. Right to organize and bargain collectively or
9independently; exclusive representation; and refrain from
10representation fair share arrangements.
11 (a) Employees of the State and any political subdivision of
12the State, excluding employees of the General Assembly of the
13State of Illinois and employees excluded from the definition of
14"public employee" under subsection (n) of Section 3 of this
15Act, have, and are protected in the exercise of, the right of
16self-organization, and may form, join or assist any labor
17organization, to bargain collectively through representatives
18of their own choosing on questions of wages, hours and other
19conditions of employment, not excluded by Section 4 of this
20Act, and to engage in other concerted activities not otherwise
21prohibited by law for the purposes of collective bargaining or
22other mutual aid or protection, free from interference,
23restraint or coercion. Employees also have, and are protected
24in the exercise of, the right to refrain from participating in
25any such concerted activities. Employees may be required,

HB0673- 28 -LRB100 00084 RJF 10088 b
1pursuant to the terms of a lawful fair share agreement, to pay
2a fee which shall be their proportionate share of the costs of
3the collective bargaining process, contract administration and
4pursuing matters affecting wages, hours and other conditions of
5employment as defined in Section 3(g).
6 (b) Nothing in this Act prevents an employee from
7presenting a grievance to the employer and having the grievance
8heard and settled without the intervention of an employee
9organization; provided that, for members of the exclusive
10bargaining representative, the exclusive bargaining
11representative is afforded the opportunity to be present at
12such conference and that any settlement made shall not be
13inconsistent with the terms of any agreement in effect between
14the employer and the exclusive bargaining representative.
15 (c) A labor organization designated by the Board as the
16representative of the majority of public employees in an
17appropriate unit in accordance with the procedures herein or
18recognized by a public employer as the representative of the
19majority of public employees in an appropriate unit is the
20exclusive representative for the members of the labor
21organization employees of such unit for the purpose of
22collective bargaining with respect to rates of pay, wages,
23hours and other conditions of employment not excluded by
24Section 4 of this Act. A public employer is required upon
25request to furnish the exclusive bargaining representative
26with a complete list of the names and addresses of the public

HB0673- 29 -LRB100 00084 RJF 10088 b
1employees in the bargaining unit, provided that a public
2employer shall not be required to furnish such a list more than
3once per payroll period. The exclusive bargaining
4representative shall use the list exclusively for bargaining
5representation purposes and shall not disclose any information
6contained in the list for any other purpose. Nothing in this
7Section, however, shall prohibit a bargaining representative
8from disseminating a list of its union members.
9 (d) Labor organizations recognized by a public employer as
10the exclusive representative or so designated in accordance
11with the provisions of this Act are responsible for
12representing the interests of all labor organization member
13public employees in the unit. Nothing herein shall be construed
14to limit an exclusive representative's right to exercise its
15discretion to refuse to process grievances of employees that
16are unmeritorious.
17 (e) (Blank). When a collective bargaining agreement is
18entered into with an exclusive representative, it may include
19in the agreement a provision requiring employees covered by the
20agreement who are not members of the organization to pay their
21proportionate share of the costs of the collective bargaining
22process, contract administration and pursuing matters
23affecting wages, hours and conditions of employment, as defined
24in Section 3 (g), but not to exceed the amount of dues
25uniformly required of members. The organization shall certify
26to the employer the amount constituting each nonmember

HB0673- 30 -LRB100 00084 RJF 10088 b
1employee's proportionate share which shall not exceed dues
2uniformly required of members. In such case, the proportionate
3share payment in this Section shall be deducted by the employer
4from the earnings of the nonmember employees and paid to the
5employee organization.
6 (e-1) Employees shall not be required as a condition of
7obtaining or continuing public employment to do any of the
8following:
9 (1) refrain or resign from membership in, voluntary
10 affiliation with, or voluntary financial support of a labor
11 organization or bargaining representative;
12 (2) become or remain a member of a labor organization
13 or bargaining representative;
14 (3) pay any dues, fees, assessments, or other charges
15 or expenses of any kind or amount, or provide anything of
16 value to a labor organization or bargaining
17 representative; or
18 (4) pay to any charitable organization or third party
19 any amount that is in lieu of, equivalent to, or any
20 portion of dues, fees, assessments, or other charges or
21 expenses required of members of or public employees
22 represented by a labor organization or bargaining
23 representative.
24 (e-3) Public employees shall have the right to
25independently bargain in their relations with the public
26employer, and the following provisions shall apply:

HB0673- 31 -LRB100 00084 RJF 10088 b
1 (1) No provision of any agreement between a labor
2 organization, employee organization, bargaining agent, or
3 exclusive representative and a public employer, or any
4 other public policy, shall impose representation by a labor
5 organization, employee organization, bargaining agent, or
6 exclusive representative on public employees who are not
7 members of that organization and have chosen to bargain
8 independently. Nothing in any collective bargaining
9 agreement shall limit the ability of a public employee who
10 is not a member of an exclusive representative organization
11 to negotiate with his public employer or adjust his
12 grievances directly with his public employer, nor shall a
13 resolution of any such negotiation or grievance be
14 controlled or limited by the terms of a collective
15 bargaining agreement.
16 (2) There shall be not more than one exclusive
17 bargaining representative designated by the board pursuant
18 to the provisions of section 9 of this Act as the
19 representative of the public employees in an appropriate
20 collective bargaining unit.
21 (3) No provision of any agreement between an employee
22 organization and a public employer, or any other public
23 policy, shall impose any wages or conditions of employment
24 for members of an employee organization which are linked or
25 contingent upon wages or conditions of employment to public
26 employees who are not members of an employee organization.

HB0673- 32 -LRB100 00084 RJF 10088 b
1 (e-5) An agreement, contract, understanding, or practice
2between or involving a public employer, labor organization, or
3exclusive representative that violates subsections (e-1) or
4(e-3) is unlawful and unenforceable. This subsection (e-5)
5applies only to an agreement, contract, understanding, or
6practice that takes effect, modified, or is extended or renewed
7after the effective date of this amendatory Act of the 100th
8General Assembly, and the following provisions shall apply:
9 (1) The court of appeals has exclusive original
10 jurisdiction over any action challenging the validity of
11 subsections (e-1) and (e-3). The court of appeals shall
12 hear the action in an expedited manner.
13 (2) A person, public employer, or labor organization
14 that violates subsection (e-1) or (e-3) is liable for a
15 civil fine of not more than $500.00. A civil fine recovered
16 under this Section shall be submitted to the State
17 Treasurer for deposit in the General Revenue Fund.
18 (3) Except for actions required to be brought under
19 paragraph (1) of this subsection (e-5), a person who
20 suffers an injury as a result of a violation or threatened
21 violation of subsection (e-1) or (e-3) may bring a civil
22 action for damages, injunctive relief, or both. In
23 addition, a court shall award court costs and reasonable
24 attorney fees to a plaintiff who prevails in an action
25 brought under this subsection (e-5). Remedies provided in
26 this subsection (e-5) are independent of and in addition to

HB0673- 33 -LRB100 00084 RJF 10088 b
1 other penalties and remedies prescribed by this Act.
2 (f) Only the exclusive representative may negotiate
3provisions in a collective bargaining agreement providing for
4the payroll deduction of labor organization dues, fair share
5payment, initiation fees and assessments. Any Except as
6provided in subsection (e) of this Section, any such deductions
7shall only be made upon an employee's written authorization,
8and continued until revoked in writing in the same manner or
9until the termination date of an applicable collective
10bargaining agreement. Such payments shall be paid to the
11exclusive representative.
12 Where a collective bargaining agreement is terminated, or
13continues in effect beyond its scheduled expiration date
14pending the negotiation of a successor agreement or the
15resolution of an impasse under Section 14, the employer shall
16continue to honor and abide by any dues deduction or fair share
17clause contained therein until a new agreement is reached
18including a dues deduction or a fair share clause. For the
19benefit of any successor exclusive representative certified
20under this Act, this provision shall be applicable, provided
21the successor exclusive representative: (i) certifies to the
22employer the amount constituting each non-member's
23proportionate share under subsection (e); or (ii) presents the
24employer with employee written authorizations for the
25deduction of dues, assessments, and fees under this subsection.
26 Failure to so honor and abide by dues deduction or fair

HB0673- 34 -LRB100 00084 RJF 10088 b
1share clauses for the benefit of any exclusive representative,
2including a successor, shall be a violation of the duty to
3bargain and an unfair labor practice.
4 (g) (Blank). Agreements containing a fair share agreement
5must safeguard the right of nonassociation of employees based
6upon bona fide religious tenets or teachings of a church or
7religious body of which such employees are members. Such
8employees may be required to pay an amount equal to their fair
9share, determined under a lawful fair share agreement, to a
10nonreligious charitable organization mutually agreed upon by
11the employees affected and the exclusive bargaining
12representative to which such employees would otherwise pay such
13service fee. If the affected employees and the bargaining
14representative are unable to reach an agreement on the matter,
15the Board may establish an approved list of charitable
16organizations to which such payments may be made.
17(Source: P.A. 97-1172, eff. 4-5-13.)
18 (5 ILCS 315/7) (from Ch. 48, par. 1607)
19 Sec. 7. Duty to bargain. A public employer and the
20exclusive representative have the authority and the duty to
21bargain collectively for members of a labor organization set
22forth in this Section.
23 For the purposes of this Act, "to bargain collectively"
24means the performance of the mutual obligation of the public
25employer or his designated representative and the

HB0673- 35 -LRB100 00084 RJF 10088 b
1representative of the public employees, who are members of an
2exclusive representative, to meet at reasonable times,
3including meetings in advance of the budget-making process, and
4to negotiate in good faith with respect to wages, hours, and
5other conditions of employment, not excluded by Section 4 of
6this Act, or the negotiation of an agreement, or any question
7arising thereunder and the execution of a written contract
8incorporating any agreement reached if requested by either
9party, but such obligation does not compel either party to
10agree to a proposal or require the making of a concession.
11 The duty "to bargain collectively" shall also include an
12obligation to negotiate over any matter with respect to wages,
13hours and other conditions of employment, not specifically
14provided for in any other law or not specifically in violation
15of the provisions of any law. If any other law pertains, in
16part, to a matter affecting the wages, hours and other
17conditions of employment, such other law shall not be construed
18as limiting the duty "to bargain collectively" and to enter
19into collective bargaining agreements containing clauses which
20either supplement, implement, or relate to the effect of such
21provisions in other laws.
22 The duty "to bargain collectively" shall also include
23negotiations as to the terms of a collective bargaining
24agreement. The parties may, by mutual agreement, provide for
25arbitration of impasses resulting from their inability to agree
26upon wages, hours and terms and conditions of employment to be

HB0673- 36 -LRB100 00084 RJF 10088 b
1included in a collective bargaining agreement. Such
2arbitration provisions shall be subject to the Illinois
3"Uniform Arbitration Act" unless agreed by the parties.
4 The duty "to bargain collectively" shall also mean that no
5party to a collective bargaining contract shall terminate or
6modify such contract, unless the party desiring such
7termination or modification:
8 (1) serves a written notice upon the other party to the
9 contract of the proposed termination or modification 60
10 days prior to the expiration date thereof, or in the event
11 such contract contains no expiration date, 60 days prior to
12 the time it is proposed to make such termination or
13 modification;
14 (2) offers to meet and confer with the other party for
15 the purpose of negotiating a new contract or a contract
16 containing the proposed modifications;
17 (3) notifies the Board within 30 days after such notice
18 of the existence of a dispute, provided no agreement has
19 been reached by that time; and
20 (4) continues in full force and effect, without
21 resorting to strike or lockout, all the terms and
22 conditions of the existing contract for a period of 60 days
23 after such notice is given to the other party or until the
24 expiration date of such contract, whichever occurs later.
25 The duties imposed upon employers, employees and labor
26organizations by paragraphs (2), (3) and (4) shall become

HB0673- 37 -LRB100 00084 RJF 10088 b
1inapplicable upon an intervening certification of the Board,
2under which the labor organization, which is a party to the
3contract, has been superseded as or ceased to be the exclusive
4representative of the member employees pursuant to the
5provisions of subsection (a) of Section 9, and the duties so
6imposed shall not be construed as requiring either party to
7discuss or agree to any modification of the terms and
8conditions contained in a contract for a fixed period, if such
9modification is to become effective before such terms and
10conditions can be reopened under the provisions of the
11contract.
12 Collective bargaining for home care and home health workers
13who function as personal assistants and individual maintenance
14home health workers under the Home Services Program shall be
15limited to the terms and conditions of employment under the
16State's control, as defined in Public Act 93-204 or this
17amendatory Act of the 97th General Assembly, as applicable.
18 Collective bargaining for child and day care home providers
19under the child care assistance program shall be limited to the
20terms and conditions of employment under the State's control,
21as defined in this amendatory Act of the 94th General Assembly.
22 Notwithstanding any other provision of this Section,
23whenever collective bargaining is for the purpose of
24establishing an initial agreement following original
25certification of units with fewer than 35 employees, with
26respect to public employees other than peace officers, fire

HB0673- 38 -LRB100 00084 RJF 10088 b
1fighters, and security employees, the following apply:
2 (1) Not later than 10 days after receiving a written
3 request for collective bargaining from a labor
4 organization that has been newly certified as a
5 representative as defined in Section 6(c), or within such
6 further period as the parties agree upon, the parties shall
7 meet and commence to bargain collectively and shall make
8 every reasonable effort to conclude and sign a collective
9 bargaining agreement.
10 (2) If anytime after the expiration of the 90-day
11 period beginning on the date on which bargaining is
12 commenced the parties have failed to reach an agreement,
13 either party may notify the Illinois Public Labor Relations
14 Board of the existence of a dispute and request mediation
15 in accordance with the provisions of Section 14 of this
16 Act.
17 (3) If after the expiration of the 30-day period
18 beginning on the date on which mediation commenced, or such
19 additional period as the parties may agree upon, the
20 mediator is not able to bring the parties to agreement by
21 conciliation, either the exclusive representative of the
22 member employees or the employer may request of the other,
23 in writing, arbitration and shall submit a copy of the
24 request to the board. Upon submission of the request for
25 arbitration, the parties shall be required to participate
26 in the impasse arbitration procedures set forth in Section

HB0673- 39 -LRB100 00084 RJF 10088 b
1 14 of this Act, except the right to strike shall not be
2 considered waived pursuant to Section 17 of this Act, until
3 the actual convening of the arbitration hearing.
4(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
5 (5 ILCS 315/8) (from Ch. 48, par. 1608)
6 Sec. 8. Grievance Procedure. The collective bargaining
7agreement negotiated between the employer and the exclusive
8representative shall contain a grievance resolution procedure
9which shall apply to all employees in the bargaining unit and
10shall provide for final and binding arbitration of disputes
11concerning the administration or interpretation of the
12agreement unless mutually agreed otherwise, provided that
13public employees who are not members of a labor organization
14may represent themselves in accord with established grievance
15resolution procedures. Any agreement containing a final and
16binding arbitration provision shall also contain a provision
17prohibiting strikes for the duration of the agreement. The
18grievance and arbitration provisions of any collective
19bargaining agreement shall be subject to the Illinois "Uniform
20Arbitration Act". The costs of such arbitration shall be borne
21equally by the employer and the employee organization.
22(Source: P.A. 83-1012.)
23 (5 ILCS 315/9) (from Ch. 48, par. 1609)
24 Sec. 9. Elections; recognition.

HB0673- 40 -LRB100 00084 RJF 10088 b
1 (a) Whenever in accordance with such regulations as may be
2prescribed by the Board a petition has been filed:
3 (1) by a public employee or group of public employees
4 or any labor organization acting in their behalf
5 demonstrating that 30% of the public employees in an
6 appropriate unit (A) wish to be represented for the
7 purposes of collective bargaining by a labor organization
8 as exclusive representative, or (B) asserting that the
9 labor organization which has been certified or is currently
10 recognized by the public employer as bargaining
11 representative is no longer the representative of the
12 majority of public employees in the unit; or
13 (2) by a public employer alleging that one or more
14 labor organizations have presented to it a claim that they
15 be recognized as the representative of a majority of the
16 public employees in an appropriate unit,
17the Board shall investigate such petition, and if it has
18reasonable cause to believe that a question of representation
19exists, shall provide for an appropriate hearing upon due
20notice. Such hearing shall be held at the offices of the Board
21or such other location as the Board deems appropriate. If it
22finds upon the record of the hearing that a question of
23representation exists, it shall direct an election in
24accordance with subsection (d) of this Section, which election
25shall be held not later than 120 days after the date the
26petition was filed regardless of whether that petition was

HB0673- 41 -LRB100 00084 RJF 10088 b
1filed before or after the effective date of this amendatory Act
2of 1987; provided, however, the Board may extend the time for
3holding an election by an additional 60 days if, upon motion by
4a person who has filed a petition under this Section or is the
5subject of a petition filed under this Section and is a party
6to such hearing, or upon the Board's own motion, the Board
7finds that good cause has been shown for extending the election
8date; provided further, that nothing in this Section shall
9prohibit the Board, in its discretion, from extending the time
10for holding an election for so long as may be necessary under
11the circumstances, where the purpose for such extension is to
12permit resolution by the Board of an unfair labor practice
13charge filed by one of the parties to a representational
14proceeding against the other based upon conduct which may
15either affect the existence of a question concerning
16representation or have a tendency to interfere with a fair and
17free election, where the party filing the charge has not filed
18a request to proceed with the election; and provided further
19that prior to the expiration of the total time allotted for
20holding an election, a person who has filed a petition under
21this Section or is the subject of a petition filed under this
22Section and is a party to such hearing or the Board, may move
23for and obtain the entry of an order in the circuit court of
24the county in which the majority of the public employees sought
25to be represented by such person reside, such order extending
26the date upon which the election shall be held. Such order

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1shall be issued by the circuit court only upon a judicial
2finding that there has been a sufficient showing that there is
3good cause to extend the election date beyond such period and
4shall require the Board to hold the election as soon as is
5feasible given the totality of the circumstances. Such 120 day
6period may be extended one or more times by the agreement of
7all parties to the hearing to a date certain without the
8necessity of obtaining a court order. Nothing in this Section
9prohibits the waiving of hearings by stipulation for the
10purpose of a consent election in conformity with the rules and
11regulations of the Board or an election in a unit agreed upon
12by the parties. Other interested employee organizations may
13intervene in the proceedings in the manner and within the time
14period specified by rules and regulations of the Board.
15Interested parties who are necessary to the proceedings may
16also intervene in the proceedings in the manner and within the
17time period specified by the rules and regulations of the
18Board.
19 (a-5) The Board shall designate an exclusive
20representative for purposes of collective bargaining for
21members of a labor organization when the representative
22demonstrates a showing of majority interest by employees in the
23unit. If the parties to a dispute are without agreement on the
24means to ascertain the choice, if any, of employee organization
25as their representative, the Board shall ascertain the
26employees' choice of employee organization, on the basis of

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1dues deduction authorization or other evidence, or, if
2necessary, by conducting an election. All evidence submitted by
3an employee organization to the Board to ascertain an
4employee's choice of an employee organization is confidential
5and shall not be submitted to the employer for review. The
6Board shall ascertain the employee's choice of employee
7organization within 120 days after the filing of the majority
8interest petition; however, the Board may extend time by an
9additional 60 days, upon its own motion or upon the motion of a
10party to the proceeding. If either party provides to the Board,
11before the designation of a representative, clear and
12convincing evidence that the dues deduction authorizations,
13and other evidence upon which the Board would otherwise rely to
14ascertain the employees' choice of representative, are
15fraudulent or were obtained through coercion, the Board shall
16promptly thereafter conduct an election. The Board shall also
17investigate and consider a party's allegations that the dues
18deduction authorizations and other evidence submitted in
19support of a designation of representative without an election
20were subsequently changed, altered, withdrawn, or withheld as a
21result of employer fraud, coercion, or any other unfair labor
22practice by the employer. If the Board determines that a labor
23organization would have had a majority interest but for an
24employer's fraud, coercion, or unfair labor practice, it shall
25designate the labor organization as an exclusive
26representative without conducting an election. If a hearing is

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1necessary to resolve any issues of representation under this
2Section, the Board shall conclude its hearing process and issue
3a certification of the entire appropriate unit not later than
4120 days after the date the petition was filed. The 120-day
5period may be extended one or more times by the agreement of
6all parties to a hearing to a date certain.
7 (a-6) A labor organization or an employer may file a unit
8clarification petition seeking to clarify an existing
9bargaining unit. The Board shall conclude its investigation,
10including any hearing process deemed necessary, and issue a
11certification of clarified unit or dismiss the petition not
12later than 120 days after the date the petition was filed. The
13120-day period may be extended one or more times by the
14agreement of all parties to a hearing to a date certain.
15 (b) The Board shall decide in each case, in order to assure
16public employees the fullest freedom in exercising the rights
17guaranteed by this Act, a unit appropriate for the purpose of
18collective bargaining, based upon but not limited to such
19factors as: historical pattern of recognition; community of
20interest including employee skills and functions; degree of
21functional integration; interchangeability and contact among
22employees; fragmentation of employee groups; common
23supervision, wages, hours and other working conditions of the
24employees involved; and the desires of the employees. For
25purposes of this subsection, fragmentation shall not be the
26sole or predominant factor used by the Board in determining an

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1appropriate bargaining unit. Except with respect to non-State
2fire fighters and paramedics employed by fire departments and
3fire protection districts, non-State peace officers and peace
4officers in the State Department of State Police, a single
5bargaining unit determined by the Board may not include both
6supervisors and nonsupervisors, except for bargaining units in
7existence on the effective date of this Act. With respect to
8non-State fire fighters and paramedics employed by fire
9departments and fire protection districts, non-State peace
10officers and peace officers in the State Department of State
11Police, a single bargaining unit determined by the Board may
12not include both supervisors and nonsupervisors, except for
13bargaining units in existence on the effective date of this
14amendatory Act of 1985.
15 In cases involving an historical pattern of recognition,
16and in cases where the employer has recognized the union as the
17sole and exclusive bargaining agent for a specified existing
18unit, the Board shall find the employees in the unit then
19represented by the union pursuant to the recognition to be the
20appropriate unit.
21 Notwithstanding the above factors, where the majority of
22public employees of a craft so decide, the Board shall
23designate such craft as a unit appropriate for the purposes of
24collective bargaining.
25 The Board shall not decide that any unit is appropriate if
26such unit includes both professional and nonprofessional

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1employees, unless a majority of each group votes for inclusion
2in such unit.
3 (c) Except as provided in subsections (e-1) and (e-3) of
4Section 6, nothing Nothing in this Act shall interfere with or
5negate the current representation rights or patterns and
6practices of labor organizations which have historically
7represented public employees for the purpose of collective
8bargaining, including but not limited to the negotiations of
9wages, hours and working conditions, discussions of employees'
10grievances, resolution of jurisdictional disputes, or the
11establishment and maintenance of prevailing wage rates, unless
12a majority of employees so represented express a contrary
13desire pursuant to the procedures set forth in this Act.
14 (d) In instances where the employer does not voluntarily
15recognize a labor organization as the exclusive bargaining
16representative for a unit of employees, the Board shall
17determine the majority representative of the public employees
18in an appropriate collective bargaining unit by conducting a
19secret ballot election, except as otherwise provided in
20subsection (a-5). Within 7 days after the Board issues its
21bargaining unit determination and direction of election or the
22execution of a stipulation for the purpose of a consent
23election, the public employer shall submit to the labor
24organization the complete names and addresses of those
25employees who are determined by the Board to be eligible to
26participate in the election. When the Board has determined that

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1a labor organization has been fairly and freely chosen by a
2majority of employees in an appropriate unit, it shall certify
3such organization as the exclusive representative for members
4of the labor organization. If the Board determines that a
5majority of employees in an appropriate unit has fairly and
6freely chosen not to be represented by a labor organization, it
7shall so certify. The Board may also revoke the certification
8of the public employee organizations as exclusive bargaining
9representatives which have been found by a secret ballot
10election to be no longer the majority representative.
11 (e) The Board shall not conduct an election in any
12bargaining unit or any subdivision thereof within which a valid
13election has been held in the preceding 12-month period. The
14Board shall determine who is eligible to vote in an election
15and shall establish rules governing the conduct of the election
16or conduct affecting the results of the election. The Board
17shall include on a ballot in a representation election a choice
18of "no representation". A labor organization currently
19representing the bargaining unit of employees shall be placed
20on the ballot in any representation election. In any election
21where none of the choices on the ballot receives a majority, a
22runoff election shall be conducted between the 2 choices
23receiving the largest number of valid votes cast in the
24election. A labor organization which receives a majority of the
25votes cast in an election shall be certified by the Board as
26exclusive representative of members of the labor organization

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1all public employees in the unit.
2 (f) A labor organization shall be designated as the
3exclusive representative for members of the labor organization
4by a public employer, provided that the labor organization
5represents a majority of the public employees in an appropriate
6unit. Any employee organization which is designated or selected
7by the majority of public employees, in a unit of the public
8employer having no other recognized or certified
9representative, as their representative for purposes of
10collective bargaining may request recognition by the public
11employer in writing. The public employer shall post such
12request for a period of at least 20 days following its receipt
13thereof on bulletin boards or other places used or reserved for
14employee notices.
15 (g) Within the 20-day period any other interested employee
16organization may petition the Board in the manner specified by
17rules and regulations of the Board, provided that such
18interested employee organization has been designated by at
19least 10% of the employees in an appropriate bargaining unit
20which includes all or some of the employees in the unit
21recognized by the employer. In such event, the Board shall
22proceed with the petition in the same manner as provided by
23paragraph (1) of subsection (a) of this Section.
24 (h) No election shall be directed by the Board in any
25bargaining unit where there is in force a valid collective
26bargaining agreement. The Board, however, may process an

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1election petition filed between 90 and 60 days prior to the
2expiration of the date of an agreement, and may further refine,
3by rule or decision, the implementation of this provision.
4Where more than 4 years have elapsed since the effective date
5of the agreement, the agreement shall continue to bar an
6election, except that the Board may process an election
7petition filed between 90 and 60 days prior to the end of the
8fifth year of such an agreement, and between 90 and 60 days
9prior to the end of each successive year of such agreement.
10 (i) An order of the Board dismissing a representation
11petition, determining and certifying that a labor organization
12has been fairly and freely chosen by a majority of employees in
13an appropriate bargaining unit, determining and certifying
14that a labor organization has not been fairly and freely chosen
15by a majority of employees in the bargaining unit or certifying
16a labor organization as the exclusive representative of member
17employees in an appropriate bargaining unit because of a
18determination by the Board that the labor organization is the
19historical bargaining representative of employees in the
20bargaining unit, is a final order. Any person aggrieved by any
21such order issued on or after the effective date of this
22amendatory Act of 1987 may apply for and obtain judicial review
23in accordance with provisions of the Administrative Review Law,
24as now or hereafter amended, except that such review shall be
25afforded directly in the Appellate Court for the district in
26which the aggrieved party resides or transacts business. Any

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1direct appeal to the Appellate Court shall be filed within 35
2days from the date that a copy of the decision sought to be
3reviewed was served upon the party affected by the decision.
4(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
5 (5 ILCS 315/10) (from Ch. 48, par. 1610)
6 Sec. 10. Unfair labor practices.
7 (a) It shall be an unfair labor practice for an employer or
8its agents:
9 (1) to interfere with, restrain or coerce public
10 employees in the exercise of the rights guaranteed in this
11 Act or to dominate or interfere with the formation,
12 existence or administration of any labor organization or
13 contribute financial or other support to it; provided, an
14 employer shall not be prohibited from permitting employees
15 to confer with him during working hours without loss of
16 time or pay;
17 (2) to discriminate in regard to hire or tenure of
18 employment or any term or condition of employment in order
19 to encourage or discourage membership in or other support
20 for any labor organization. Nothing in this Act or any
21 other law precludes a public employer from making an
22 agreement with a labor organization to require as a
23 condition of employment the payment of a fair share under
24 paragraph (e) of Section 6;
25 (3) to discharge or otherwise discriminate against a

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1 public employee because he has signed or filed an
2 affidavit, petition or charge or provided any information
3 or testimony under this Act;
4 (4) to refuse to bargain collectively in good faith
5 with a labor organization which is the exclusive
6 representative of members of the labor organization public
7 employees in an appropriate unit, including, but not
8 limited to, the discussing of grievances with the exclusive
9 representative;
10 (4.5) to refuse to bargain independently with public
11 employees who are not members of an exclusive
12 representative;
13 (5) to violate any of the rules and regulations
14 established by the Board with jurisdiction over them
15 relating to the conduct of representation elections or the
16 conduct affecting the representation elections;
17 (6) to expend or cause the expenditure of public funds
18 to any external agent, individual, firm, agency,
19 partnership or association in any attempt to influence the
20 outcome of representational elections held pursuant to
21 Section 9 of this Act; provided, that nothing in this
22 subsection shall be construed to limit an employer's right
23 to internally communicate with its employees as provided in
24 subsection (c) of this Section, to be represented on any
25 matter pertaining to unit determinations, unfair labor
26 practice charges or pre-election conferences in any formal

HB0673- 52 -LRB100 00084 RJF 10088 b
1 or informal proceeding before the Board, or to seek or
2 obtain advice from legal counsel. Nothing in this paragraph
3 shall be construed to prohibit an employer from expending
4 or causing the expenditure of public funds on, or seeking
5 or obtaining services or advice from, any organization,
6 group, or association established by and including public
7 or educational employers, whether covered by this Act, the
8 Illinois Educational Labor Relations Act or the public
9 employment labor relations law of any other state or the
10 federal government, provided that such services or advice
11 are generally available to the membership of the
12 organization, group or association, and are not offered
13 solely in an attempt to influence the outcome of a
14 particular representational election; or
15 (7) to refuse to reduce a collective bargaining
16 agreement to writing or to refuse to sign such agreement.
17 (b) It shall be an unfair labor practice for a labor
18organization or its agents:
19 (1) to restrain or coerce public employees in the
20 exercise of the rights guaranteed in this Act, provided,
21 (i) that this paragraph shall not impair the right of a
22 labor organization to prescribe its own rules with respect
23 to the acquisition or retention of membership therein or
24 the determination of fair share payments and (ii) that a
25 labor organization or its agents shall commit an unfair
26 labor practice under this paragraph in duty of fair

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1 representation cases only by intentional misconduct in
2 representing the organization's members employees under
3 this Act;
4 (2) to restrain or coerce a public employer in the
5 selection of his representatives for the purposes of
6 collective bargaining or the settlement of grievances; or
7 (3) to cause, or attempt to cause, an employer to
8 discriminate against an employee in violation of
9 subsection (a)(2);
10 (4) to refuse to bargain collectively in good faith
11 with a public employer, if it has been designated in
12 accordance with the provisions of this Act as the exclusive
13 representative of a labor organization's members public
14 employees in an appropriate unit;
15 (4.5) to represent or bargain on behalf of public
16 employees who are not members of the labor organization or
17 its agents and have chosen to bargain independently;
18 (5) to violate any of the rules and regulations
19 established by the boards with jurisdiction over them
20 relating to the conduct of representation elections or the
21 conduct affecting the representation elections;
22 (6) to discriminate against any employee because he has
23 signed or filed an affidavit, petition or charge or
24 provided any information or testimony under this Act;
25 (7) to picket or cause to be picketed, or threaten to
26 picket or cause to be picketed, any public employer where

HB0673- 54 -LRB100 00084 RJF 10088 b
1 an object thereof is forcing or requiring an employer to
2 recognize or bargain with a labor organization of the
3 representative of its employees, or forcing or requiring
4 the employees of an employer to accept or select such labor
5 organization as their collective bargaining
6 representative, unless such labor organization is
7 currently certified as the representative of such
8 employees:
9 (A) where the employer has lawfully recognized in
10 accordance with this Act any labor organization and a
11 question concerning representation may not
12 appropriately be raised under Section 9 of this Act;
13 (B) where within the preceding 12 months a valid
14 election under Section 9 of this Act has been
15 conducted; or
16 (C) where such picketing has been conducted
17 without a petition under Section 9 being filed within a
18 reasonable period of time not to exceed 30 days from
19 the commencement of such picketing; provided that when
20 such a petition has been filed the Board shall
21 forthwith, without regard to the provisions of
22 subsection (a) of Section 9 or the absence of a showing
23 of a substantial interest on the part of the labor
24 organization, direct an election in such unit as the
25 Board finds to be appropriate and shall certify the
26 results thereof; provided further, that nothing in

HB0673- 55 -LRB100 00084 RJF 10088 b
1 this subparagraph shall be construed to prohibit any
2 picketing or other publicity for the purpose of
3 truthfully advising the public that an employer does
4 not employ members of, or have a contract with, a labor
5 organization unless an effect of such picketing is to
6 induce any individual employed by any other person in
7 the course of his employment, not to pick up, deliver,
8 or transport any goods or not to perform any services;
9 or
10 (8) to refuse to reduce a collective bargaining
11 agreement to writing or to refuse to sign such agreement.
12 (c) The expressing of any views, argument, or opinion or
13the dissemination thereof, whether in written, printed,
14graphic, or visual form, shall not constitute or be evidence of
15an unfair labor practice under any of the provisions of this
16Act, if such expression contains no threat of reprisal or force
17or promise of benefit.
18(Source: P.A. 86-412; 87-736.)
19 (5 ILCS 315/12) (from Ch. 48, par. 1612)
20 Sec. 12. Mediation.
21 (a) The State and Local Panels in joint session shall
22establish a Public Employees Mediation Roster, the services of
23which shall be available to public employers and to labor
24organizations, or public employees who have chosen to bargain
25independently, upon request of the parties for the purposes of

HB0673- 56 -LRB100 00084 RJF 10088 b
1mediation of grievances or contract disputes. Upon the request
2of either party, services of the Public Employees Mediation
3Roster shall be available for purposes of arbitrating disputes
4over interpretation or application of the terms of an agreement
5pursuant to Section 8. The members of the Roster shall be
6appointed by majority vote of the members of both panels.
7Members shall be impartial, competent, and reputable citizens
8of the United States, residents of the State of Illinois, and
9shall qualify by taking and subscribing to the constitutional
10oath or affirmation of office. The function of the mediator
11shall be to communicate with the employer and exclusive
12representative or their representatives, or the public
13employee who has chosen to bargain independently, and to
14endeavor to bring about an amicable and voluntary settlement.
15Compensation of Roster members for services performed as
16mediators shall be paid equally by the parties to a mediated
17labor dispute. The Board shall have authority but not the
18obligation to promulgate regulations setting compensation
19levels for members of the Roster, and establishing procedures
20for suspension or dismissal of mediators for good cause shown
21following hearing.
22 (b) A mediator in a mediated labor dispute shall be
23selected by the Board from among the members of the Roster.
24 (c) Nothing in this Act or any other law prohibits the use
25of other mediators selected by the parties for the resolution
26of disputes over interpretation or application of the terms or

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1conditions of the collective bargaining agreements between a
2public employer and a labor organization.
3 (d) If requested by the parties to a labor dispute, a
4mediator may perform fact-finding as set forth in Section 13.
5(Source: P.A. 98-535, eff. 1-1-14.)
6 (5 ILCS 315/13) (from Ch. 48, par. 1613)
7 Sec. 13. Fact-finding.
8 (a) If, after a reasonable period of negotiation over the
9terms of the agreement, or upon expiration of an existing
10collective bargaining agreement and the parties have not been
11able to mutually resolve the dispute, the parties may, by
12mutual consent initiate a fact-finding.
13 (b) Within three days of such request the Board must submit
14to the parties a panel of 7 qualified, disinterested persons
15from the Illinois Public Employees Mediation Roster to serve as
16a fact-finder. The parties to the dispute shall designate one
17of the 7 persons to serve as fact-finder. The fact-finder must
18act independently of the Board and may be the same person who
19participated in the mediation of the labor dispute if both
20parties consent. The person selected or appointed as
21fact-finder shall immediately establish the dates and place of
22hearings. Upon request, the Board shall issue subpoenas for
23hearings conducted by the fact-finder. The fact-finder may
24administer oaths. The fact-finder shall initially determine
25what issues are in dispute and therefore properly before the

HB0673- 58 -LRB100 00084 RJF 10088 b
1fact-finder. Upon completion of the hearings, but no later than
245 days from the date of appointment, the fact-finder must make
3written findings of facts and recommendations for resolution of
4the dispute, must serve findings on the public employer and the
5labor organization involved, and must publicize such findings
6by mailing them to all newspapers of general circulation in the
7community. The fact-finder's findings shall be advisory only
8and shall not be binding upon the parties. If the parties do
9not accept the recommendations of the fact-finder as the basis
10for settlement, or if the fact-finder does not make written
11findings of facts and recommendations for the resolution of the
12dispute and serve and publicize such findings within 45 days of
13the date of appointment, the parties may resume negotiations.
14 (c) The public employer and the labor organization which is
15certified as exclusive representative or which is recognized as
16exclusive representative in any particular bargaining unit by
17the state or political subdivision, or public employees who
18have chosen to bargain independently, are the only proper
19parties to the fact-finding proceedings.
20(Source: P.A. 84-1335.)
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