Bill Text: IL HB1197 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code and the Critical Health Problems and Comprehensive Health Education Act. Requires all schools, whether public or private, who are members of the Illinois High School Association to adopt a student athlete injury policy that provides that if a student athlete is injured during play and the coach suspects that the student might have a concussion, then the student is prohibited from returning to play until a physician licensed to practice medicine in all its branches, an advanced practice nurse, or a physician's assistant authorizes the student to return to play. Urges school boards to encourage their teachers and other school personnel who coach school athletic programs and other extracurricular school activities to acquire training in recognizing the symptoms of a concussion and the proper steps to take in suspected concussion cases.
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Passed) 2011-06-13 - Public Act . . . . . . . . . 97-0007 [HB1197 Detail]
Download: Illinois-2011-HB1197-Amended.html
Bill Title: Amends the School Code and the Critical Health Problems and Comprehensive Health Education Act. Requires all schools, whether public or private, who are members of the Illinois High School Association to adopt a student athlete injury policy that provides that if a student athlete is injured during play and the coach suspects that the student might have a concussion, then the student is prohibited from returning to play until a physician licensed to practice medicine in all its branches, an advanced practice nurse, or a physician's assistant authorizes the student to return to play. Urges school boards to encourage their teachers and other school personnel who coach school athletic programs and other extracurricular school activities to acquire training in recognizing the symptoms of a concussion and the proper steps to take in suspected concussion cases.
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Passed) 2011-06-13 - Public Act . . . . . . . . . 97-0007 [HB1197 Detail]
Download: Illinois-2011-HB1197-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1197
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2 | AMENDMENT NO. ______. Amend House Bill 1197 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. If and only if Senate Bill 7 as passed by the | ||||||
5 | 97th General Assembly becomes law, the Illinois Educational | ||||||
6 | Labor Relations Act is amended by changing Sections 4.5, 12, | ||||||
7 | and 13 as follows:
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8 | (115 ILCS 5/4.5)
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9 | Sec. 4.5. Subjects of collective bargaining.
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10 | (a) Notwithstanding the existence of any other provision in | ||||||
11 | this Act or
other law, collective bargaining between an | ||||||
12 | educational employer whose
territorial boundaries are | ||||||
13 | coterminous with those of a city having a population
in
excess | ||||||
14 | of 500,000 and an exclusive representative of its employees may
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15 | include any of the following
subjects:
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16 | (1) (Blank).
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1 | (2) Decisions to contract with a third party for one or | ||||||
2 | more services
otherwise performed by employees in a | ||||||
3 | bargaining unit and the
procedures for
obtaining such | ||||||
4 | contract or the identity of the third party.
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5 | (3) Decisions to layoff or reduce in force employees.
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6 | (4) Decisions to determine class size, class staffing | ||||||
7 | and assignment,
class
schedules, academic calendar, length | ||||||
8 | of the work and school day, length of the work and school | ||||||
9 | year, hours and places of instruction, or pupil
assessment | ||||||
10 | policies.
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11 | (5) Decisions concerning use and staffing of | ||||||
12 | experimental or pilot
programs and
decisions concerning | ||||||
13 | use of technology to deliver educational programs and
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14 | services and staffing to provide the technology.
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15 | (b) The subject or matters described in subsection (a) are | ||||||
16 | permissive
subjects of bargaining between an educational | ||||||
17 | employer and an exclusive
representative of its employees and, | ||||||
18 | for the purpose of this Act, are within
the sole
discretion of | ||||||
19 | the educational employer to decide
to bargain, provided that | ||||||
20 | the educational employer is required to bargain
over the impact | ||||||
21 | of a decision concerning such subject or matter on the
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22 | bargaining unit upon request by the exclusive representative. | ||||||
23 | During
this bargaining, the educational employer shall not be | ||||||
24 | precluded from
implementing its decision. If, after a | ||||||
25 | reasonable period of bargaining, a
dispute or impasse exists | ||||||
26 | between the educational employer and the
exclusive |
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1 | representative, the dispute or impasse shall be resolved | ||||||
2 | exclusively
as set
forth in subsection (b) of Section 12 of | ||||||
3 | this Act in lieu of a strike under
Section 13 of this Act. | ||||||
4 | Neither the Board nor any mediator or fact-finder appointed | ||||||
5 | pursuant to subsection (a-10) of Section 12 of this Act shall | ||||||
6 | have jurisdiction over such a dispute or impasse.
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7 | (c) A provision in a collective bargaining agreement that | ||||||
8 | was rendered
null
and void
because it involved a
prohibited | ||||||
9 | subject of collective bargaining
under this subsection (c) as | ||||||
10 | this subsection (c) existed before the effective
date of
this | ||||||
11 | amendatory Act of the 93rd General Assembly
remains null and | ||||||
12 | void and
shall not otherwise be reinstated in any successor | ||||||
13 | agreement unless the
educational employer and exclusive | ||||||
14 | representative otherwise agree to
include an agreement reached | ||||||
15 | on a subject or matter described in
subsection (a) of this | ||||||
16 | Section as subsection (a) existed before this amendatory
Act of
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17 | the 93rd General Assembly.
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18 | (Source: P.A. 93-3, eff. 4-16-03; 09700SB0007enr.)
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19 | (115 ILCS 5/12) (from Ch. 48, par. 1712)
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20 | Sec. 12. Impasse procedures.
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21 | (a) This subsection (a) applies only to collective | ||||||
22 | bargaining between an educational employer that is not a public | ||||||
23 | school district organized under Article 34 of the School Code | ||||||
24 | and an exclusive representative of its employees. If the | ||||||
25 | parties engaged in collective
bargaining have not reached an |
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1 | agreement by 90 days before the scheduled
start of the | ||||||
2 | forthcoming school year, the parties shall notify the Illinois
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3 | Educational Labor Relations Board concerning the status of | ||||||
4 | negotiations. This notice shall include a statement on whether | ||||||
5 | mediation has been used.
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6 | Upon demand of either party, collective bargaining between | ||||||
7 | the employer
and an exclusive bargaining representative must | ||||||
8 | begin within 60 days of
the date of certification of the | ||||||
9 | representative by the Board, or in the case
of an existing | ||||||
10 | exclusive bargaining representative, within 60 days of the
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11 | receipt by a party of a demand to bargain issued by the other | ||||||
12 | party. Once
commenced, collective bargaining must continue for | ||||||
13 | at least a 60 day
period, unless a contract is entered into.
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14 | Except as otherwise provided in subsection (b) of this | ||||||
15 | Section, if after
a reasonable period of negotiation and within | ||||||
16 | 90 days of the
scheduled start of the forth-coming school year, | ||||||
17 | the parties engaged in
collective bargaining have reached an | ||||||
18 | impasse, either party may petition
the Board to initiate | ||||||
19 | mediation. Alternatively, the Board on its own
motion may | ||||||
20 | initiate mediation during this period. However, mediation | ||||||
21 | shall
be initiated by the Board at any time when jointly | ||||||
22 | requested by the parties
and the services of the mediators | ||||||
23 | shall continuously be made available to
the employer and to the | ||||||
24 | exclusive bargaining representative for purposes of
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25 | arbitration of grievances and mediation or arbitration of | ||||||
26 | contract
disputes. If requested by the parties, the mediator |
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1 | may perform
fact-finding and in so doing conduct hearings and | ||||||
2 | make written findings and
recommendations for resolution of the | ||||||
3 | dispute. Such mediation shall be
provided by the Board and | ||||||
4 | shall be held before qualified impartial
individuals. Nothing | ||||||
5 | prohibits the use of other individuals or
organizations such as | ||||||
6 | the Federal Mediation and Conciliation Service or the
American | ||||||
7 | Arbitration Association selected by both the exclusive | ||||||
8 | bargaining
representative and the employer.
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9 | If the parties engaged in collective bargaining fail to | ||||||
10 | reach an agreement
within 45 days of the scheduled start of the | ||||||
11 | forthcoming school year and
have not requested mediation, the | ||||||
12 | Illinois Educational Labor Relations Board
shall invoke | ||||||
13 | mediation.
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14 | Whenever mediation is initiated or invoked under this | ||||||
15 | subsection (a), the
parties may stipulate to defer selection of | ||||||
16 | a mediator in accordance with
rules adopted by the Board.
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17 | (a-5) This subsection (a-5) applies only to collective | ||||||
18 | bargaining between a public school district or a combination of | ||||||
19 | public school districts, including, but not limited to, joint | ||||||
20 | cooperatives, that is not organized under Article 34 of the | ||||||
21 | School Code and an exclusive representative of its employees. | ||||||
22 | (1) Any time 15 days after mediation has commenced | ||||||
23 | after 15 days of mediation , either party may declare an | ||||||
24 | impasse. The mediator may declare an impasse at any time | ||||||
25 | during the mediation process. Notification of an impasse | ||||||
26 | must be filed in writing with the Board, and copies of the |
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1 | notification must be submitted to the parties on the same | ||||||
2 | day the notification is filed with the Board. | ||||||
3 | (2) Within 7 days after the declaration of impasse, | ||||||
4 | each party shall submit to the mediator , the Board, and the | ||||||
5 | other party in writing the final offer of the party, | ||||||
6 | including a cost summary of the offer. Seven days after | ||||||
7 | receipt of the parties' final offers, the Board mediator | ||||||
8 | shall make public the final offers and each party's cost | ||||||
9 | summary dealing with those issues on which the parties have | ||||||
10 | failed to reach agreement by immediately posting the offers | ||||||
11 | on its Internet website, unless otherwise notified by the | ||||||
12 | mediator or jointly by the parties that agreement has been | ||||||
13 | reached . The mediator shall make the final offers public by | ||||||
14 | filing them with the Board, which shall immediately post | ||||||
15 | the offers on its Internet website. On the same day of | ||||||
16 | publication by the mediator, at a minimum, the school | ||||||
17 | district shall distribute notice of the availability of the | ||||||
18 | offers on the Board's Internet website to all news media | ||||||
19 | that have filed an annual request for notices from the | ||||||
20 | school district pursuant to Section 2.02 of the Open | ||||||
21 | Meetings Act. | ||||||
22 | (a-10) This subsection (a-10) applies only to collective | ||||||
23 | bargaining between a public school district organized under | ||||||
24 | Article 34 of the School Code and an exclusive representative | ||||||
25 | of its employees. | ||||||
26 | (1) For collective bargaining agreements between an |
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1 | educational employer to which this subsection (a-10) | ||||||
2 | applies whose territorial boundaries are coterminous with | ||||||
3 | those of a city having a population in excess of 500,000 | ||||||
4 | and an exclusive representative of its employees, if the | ||||||
5 | parties fail to reach an agreement after a reasonable | ||||||
6 | period of mediation, the dispute shall be submitted to | ||||||
7 | fact-finding in accordance with this subsection (a-10). | ||||||
8 | Either the educational employer or the exclusive | ||||||
9 | representative may initiate fact-finding by submitting a | ||||||
10 | written demand to the other party with a copy of the demand | ||||||
11 | submitted simultaneously to the Board. | ||||||
12 | (2) Within 3 days following a party's demand for | ||||||
13 | fact-finding, each party shall appoint one member of the | ||||||
14 | fact-finding panel, unless the parties agree to proceed | ||||||
15 | without a tri-partite panel. Following these appointments, | ||||||
16 | if any, the parties shall select a qualified impartial | ||||||
17 | individual to serve as the fact-finder and chairperson of | ||||||
18 | the fact-finding panel, if applicable. An individual shall | ||||||
19 | be considered qualified to serve as the fact-finder and | ||||||
20 | chairperson of the fact-finding panel, if applicable, if he | ||||||
21 | or she was not the same individual who was appointed as the | ||||||
22 | mediator and if he or she satisfies the following | ||||||
23 | requirements: membership in good standing with the | ||||||
24 | National Academy of Arbitrators, Federal Mediation and | ||||||
25 | Conciliation Service, or American Arbitration Association | ||||||
26 | for a minimum of 10 years; membership on the mediation |
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1 | roster for the Illinois Labor Relations Board or Illinois | ||||||
2 | Educational Labor Relations Board; issuance of at least 5 | ||||||
3 | interest arbitration awards arising under the Illinois | ||||||
4 | Public Labor Relations Act; and participation in impasse | ||||||
5 | resolution processes arising under private or public | ||||||
6 | sector collective bargaining statutes in other states. If | ||||||
7 | the parties are unable to agree on a fact-finder, the | ||||||
8 | parties shall request a panel of fact-finders who satisfy | ||||||
9 | the requirements set forth in this paragraph (2) from | ||||||
10 | either the Federal Mediation and Conciliation Service or | ||||||
11 | the American Arbitration Association and shall select a | ||||||
12 | fact-finder from such panel in accordance with the | ||||||
13 | procedures established by the organization providing the | ||||||
14 | panel. | ||||||
15 | (3) The fact-finder shall have the following duties and | ||||||
16 | powers: | ||||||
17 | (A) to require the parties to submit a statement of | ||||||
18 | disputed issues and their positions regarding each | ||||||
19 | issue either jointly or separately; | ||||||
20 | (B) to identify disputed issues that are economic | ||||||
21 | in nature; | ||||||
22 | (C) to meet with the parties either separately or | ||||||
23 | in executive sessions; | ||||||
24 | (D) to conduct hearings and regulate the time, | ||||||
25 | place, course, and manner of the hearings; | ||||||
26 | (E) to request the Board to issue subpoenas |
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1 | requiring the attendance and testimony of witnesses or | ||||||
2 | the production of evidence; | ||||||
3 | (F) to administer oaths and affirmations; | ||||||
4 | (G) to examine witnesses and documents; | ||||||
5 | (H) to create a full and complete written record of | ||||||
6 | the hearings; | ||||||
7 | (I) to attempt mediation or remand a disputed issue | ||||||
8 | to the parties for further collective bargaining; | ||||||
9 | (J) to require the parties to submit final offers | ||||||
10 | for each disputed issue either individually or as a | ||||||
11 | package or as a combination of both; and | ||||||
12 | (K) to employ any other measures deemed | ||||||
13 | appropriate to resolve the impasse. | ||||||
14 | (4) If the dispute is not settled within 75 days after | ||||||
15 | the appointment of the fact-finding panel, the | ||||||
16 | fact-finding panel shall issue a private report to the | ||||||
17 | parties that contains advisory findings of fact and | ||||||
18 | recommended terms of settlement for all disputed issues and | ||||||
19 | that sets forth a rationale for each recommendation. The | ||||||
20 | fact-finding panel, acting by a majority of its members, | ||||||
21 | shall base its findings and recommendations upon the | ||||||
22 | following criteria as applicable: | ||||||
23 | (A) the lawful authority of the employer; | ||||||
24 | (B) the federal and State statutes or local | ||||||
25 | ordinances and resolutions applicable to the employer; | ||||||
26 | (C) prior collective bargaining agreements and the |
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1 | bargaining history between the parties; | ||||||
2 | (D) stipulations of the parties; | ||||||
3 | (E) the interests and welfare of the public and the | ||||||
4 | students and families served by the employer; | ||||||
5 | (F) the employer's financial ability to fund the | ||||||
6 | proposals based on existing available resources, | ||||||
7 | provided that such ability is not predicated on an | ||||||
8 | assumption that lines of credit or reserve funds are | ||||||
9 | available or that the employer may or will receive or | ||||||
10 | develop new sources of revenue or increase existing | ||||||
11 | sources of revenue; | ||||||
12 | (G) the impact of any economic adjustments on the | ||||||
13 | employer's ability to pursue its educational mission; | ||||||
14 | (H) the present and future general economic | ||||||
15 | conditions in the locality and State; | ||||||
16 | (I) a comparison of the wages, hours, and | ||||||
17 | conditions of employment of the employees involved in | ||||||
18 | the dispute with the wages, hours, and conditions of | ||||||
19 | employment of employees performing similar services in | ||||||
20 | public education in the 10 largest U.S. cities; | ||||||
21 | (J) the average consumer prices in urban areas for | ||||||
22 | goods and services, which is commonly known as the cost | ||||||
23 | of living; | ||||||
24 | (K) the overall compensation presently received by | ||||||
25 | the employees involved in the dispute, including | ||||||
26 | direct wage compensation; vacations, holidays, and |
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1 | other excused time; insurance and pensions; medical | ||||||
2 | and hospitalization benefits; the continuity and | ||||||
3 | stability of employment and all other benefits | ||||||
4 | received; and how each party's proposed compensation | ||||||
5 | structure supports the educational goals of the | ||||||
6 | district; | ||||||
7 | (L) changes in any of the circumstances listed in | ||||||
8 | items (A) through (K) of this paragraph (4) during the | ||||||
9 | fact-finding proceedings; | ||||||
10 | (M) the effect that any term the parties are at | ||||||
11 | impasse on has or may have on the overall educational | ||||||
12 | environment, learning conditions, and working | ||||||
13 | conditions with the school district; and | ||||||
14 | (N) the effect that any term the parties are at | ||||||
15 | impasse on has or may have in promoting the public | ||||||
16 | policy of this State. | ||||||
17 | (5) The fact-finding panel's recommended terms of | ||||||
18 | settlement shall be deemed agreed upon by the parties as | ||||||
19 | the final resolution of the disputed issues and | ||||||
20 | incorporated into the collective bargaining agreement | ||||||
21 | executed by the parties, unless either party tenders to the | ||||||
22 | other party and the chairperson of the fact-finding panel a | ||||||
23 | notice of rejection of the recommended terms of settlement | ||||||
24 | with a rationale for the rejection, within 15 days after | ||||||
25 | the date of issuance of the fact-finding panel's report. If | ||||||
26 | either party submits a notice of rejection, the chairperson |
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1 | of the fact-finding panel shall publish the fact-finding | ||||||
2 | panel's report and the notice of rejection for public | ||||||
3 | information by delivering a copy to all newspapers of | ||||||
4 | general circulation in the community with simultaneous | ||||||
5 | written notice to the parties. | ||||||
6 | (b) If, after a period of bargaining of at least 60 days, a
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7 | dispute or impasse exists between an educational employer whose | ||||||
8 | territorial
boundaries are coterminous with those of a city | ||||||
9 | having a population in
excess of 500,000 and the exclusive | ||||||
10 | bargaining representative over
a subject or matter set forth in | ||||||
11 | Section 4.5 of this Act, the parties shall
submit the dispute | ||||||
12 | or impasse to the dispute resolution procedure
agreed to | ||||||
13 | between the parties. The procedure shall provide for mediation
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14 | of disputes by a rotating mediation panel and may, at the | ||||||
15 | request of
either party, include the issuance of advisory | ||||||
16 | findings of fact and
recommendations. A dispute or impasse over | ||||||
17 | any Section 4.5 subject shall not be resolved through the | ||||||
18 | procedures set forth in this Act, and the Board, mediator, or | ||||||
19 | fact-finder has no jurisdiction over any Section 4.5 subject. | ||||||
20 | The changes made to this subsection (b) by this amendatory Act | ||||||
21 | of the 97th General Assembly are declarative of existing law.
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22 | (c) The costs of fact finding and mediation shall be shared | ||||||
23 | equally
between
the employer and the exclusive bargaining | ||||||
24 | agent, provided that, for
purposes of mediation under this Act, | ||||||
25 | if either party requests the use of
mediation services from the | ||||||
26 | Federal Mediation and Conciliation Service, the
other party |
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1 | shall either join in such request or bear the additional cost
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2 | of mediation services from another source. All other costs and | ||||||
3 | expenses of complying with this Section must be borne by the | ||||||
4 | party incurring them.
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5 | (c-5) If an educational employer or exclusive bargaining | ||||||
6 | representative refuses to participate in mediation or fact | ||||||
7 | finding when required by this Section, the refusal shall be | ||||||
8 | deemed a refusal to bargain in good faith. | ||||||
9 | (d) Nothing in this Act prevents an employer and an | ||||||
10 | exclusive bargaining
representative from mutually submitting | ||||||
11 | to final and binding impartial
arbitration unresolved issues | ||||||
12 | concerning the terms of a new collective
bargaining agreement.
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13 | (Source: P.A. 93-3, eff. 4-16-03; 09700SB0007enr.)
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14 | (115 ILCS 5/13) (from Ch. 48, par. 1713)
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15 | Sec. 13. Strikes.
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16 | (a) Notwithstanding the existence of any other
provision in | ||||||
17 | this Act or other law, educational employees employed in school
| ||||||
18 | districts organized under Article 34 of the School Code shall | ||||||
19 | not engage in
a strike at any time during the 18 month period | ||||||
20 | that commences on the
effective date of this amendatory Act of | ||||||
21 | 1995. An educational employee
employed in a school district | ||||||
22 | organized
under Article 34 of the School Code who participates | ||||||
23 | in a strike in violation
of this Section is subject to | ||||||
24 | discipline by the employer. In addition, no
educational | ||||||
25 | employer organized under Article 34 of the School Code may pay |
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1 | or
cause to be paid to an educational employee who
participates | ||||||
2 | in a strike in violation of this subsection any wages or other
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3 | compensation for any period during
which an educational | ||||||
4 | employee participates in the strike, except for wages or
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5 | compensation earned before participation in the strike.
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6 | Notwithstanding the existence of any other
provision in this | ||||||
7 | Act or other law, during the 18-month period that strikes are
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8 | prohibited under this subsection nothing in this subsection | ||||||
9 | shall be construed
to require an educational employer to submit | ||||||
10 | to a binding dispute resolution
process.
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11 | (b) Notwithstanding the existence of any other provision in | ||||||
12 | this Act or any
other law, educational employees other than | ||||||
13 | those employed in a school district
organized under Article 34 | ||||||
14 | of the School Code and, after the expiration of the
18 month | ||||||
15 | period that commences on the effective date of this amendatory | ||||||
16 | Act of
1995, educational employees in a school district | ||||||
17 | organized under Article 34 of
the School Code shall not engage | ||||||
18 | in a strike except under the following
conditions:
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19 | (1) they are represented by an exclusive bargaining
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20 | representative;
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21 | (2) mediation has been used without success and, if | ||||||
22 | an impasse has been declared under subsection (a-5) of | ||||||
23 | Section 12 of this Act, at least 14 days have elapsed after | ||||||
24 | the mediator has made public the final offers;
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25 | (2.5) if fact-finding was invoked pursuant to | ||||||
26 | subsection (a-10) of Section 12 of this Act, at least 30 |
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1 | days have elapsed after a fact-finding report has been | ||||||
2 | released for public information; | ||||||
3 | (2.10) for educational employees employed in a school | ||||||
4 | district organized under Article 34 of the School Code, at | ||||||
5 | least three-fourths of all bargaining unit employees who | ||||||
6 | are members of the exclusive bargaining representative | ||||||
7 | have affirmatively voted to authorize the strike; | ||||||
8 | provided, however, that all members of the exclusive | ||||||
9 | bargaining representative at the time of a strike | ||||||
10 | authorization vote shall be eligible to vote;
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11 | (3) at least 10 days have elapsed after a notice of | ||||||
12 | intent
to strike has been given by the exclusive bargaining | ||||||
13 | representative to the
educational employer, the regional | ||||||
14 | superintendent and the Illinois Educational
Labor | ||||||
15 | Relations Board;
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16 | (4) the collective bargaining agreement between the | ||||||
17 | educational employer
and educational employees, if any, | ||||||
18 | has expired or been terminated; and
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19 | (5) the employer and the exclusive bargaining | ||||||
20 | representative have not
mutually submitted the unresolved | ||||||
21 | issues to arbitration.
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22 | If, however, in the opinion of an employer the strike is or | ||||||
23 | has become a
clear and present danger to the health or safety | ||||||
24 | of the public, the employer
may initiate
in the circuit court | ||||||
25 | of the county in which such danger exists an action for
relief | ||||||
26 | which may include, but is not limited to, injunction. The court |
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1 | may
grant appropriate relief upon the finding that such clear | ||||||
2 | and present danger
exists.
An unfair practice or other evidence | ||||||
3 | of lack of clean hands by the educational
employer is a defense | ||||||
4 | to such action. Except as provided for in this
paragraph, the | ||||||
5 | jurisdiction of the court under this Section is limited by the
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6 | Labor Dispute Act.
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7 | (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98; | ||||||
8 | 09700SB0007enr.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law or on the effective date of Senate Bill 7 of the | ||||||
11 | 97th General Assembly, whichever is later.".
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