Bill Text: IL HB2689 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that, once an agreement is reached between a public or educational employer and its employees regarding the terms of a collective bargaining agreement, the agreement shall be reduced to writing and published on the website of the public or educational employer. Requires the public or educational employer, not less than 14 days after publishing such an agreement, to hold an open public meeting on the ratification of that agreement. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-03-20 - Tabled Pursuant to Rule 22(g) [HB2689 Detail]

Download: Illinois-2013-HB2689-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2689 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED:
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7 from Ch. 116, par. 207
5 ILCS 315/7 from Ch. 48, par. 1607
5 ILCS 315/24 from Ch. 48, par. 1624
115 ILCS 5/10 from Ch. 48, par. 1710
115 ILCS 5/18 from Ch. 48, par. 1718
Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that, once an agreement is reached between a public or educational employer and its employees regarding the terms of a collective bargaining agreement, the agreement shall be reduced to writing and published on the website of the public or educational employer. Requires the public or educational employer, not less than 14 days after publishing such an agreement, to hold an open public meeting on the ratification of that agreement. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately.
LRB098 09671 JDS 39818 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2689 LRB098 09671 JDS 39818 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint

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lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees, except that any meeting required
under either subsection (e) of Section 7 of the Illinois
Public Labor Relations Act or subsection (d) of Section 10
of the Illinois Educational Labor Relations Act shall be
open to the public.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose

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of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures and the use of personnel and
equipment to respond to an actual, a threatened, or a
reasonably potential danger to the safety of employees,
students, staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the

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disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care

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professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team

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Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) Confidential information, when discussed by one
or more members of an elder abuse fatality review team,
designated under Section 15 of the Elder Abuse and Neglect
Act, while participating in a review conducted by that team
of the death of an elderly person in which abuse or neglect
is suspected, alleged, or substantiated; provided that
before the review team holds a closed meeting, or closes an
open meeting, to discuss the confidential information,
each participating review team member seeking to disclose
the confidential information in the closed meeting or
closed portion of the meeting must state on the record
during an open meeting or the open portion of a meeting the
nature of the information to be disclosed and the legal
basis for otherwise holding that information confidential.
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and

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their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of

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the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
eff. 8-1-12.)
Section 10. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.

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(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;

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(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law

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enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections if those materials are available
in the library of the correctional facility where the
inmate is confined.
(e-6) Records requested by persons committed to the
Department of Corrections if those materials include
records from staff members' personnel files, staff
rosters, or other staffing assignment information.
(e-7) Records requested by persons committed to the
Department of Corrections if those materials are available
through an administrative request to the Department of
Corrections.
(f) Preliminary drafts, notes, recommendations,

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memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private

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equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate

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information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,

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and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other

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information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement and any agreement that is the subject of a
meeting held pursuant to either subsection (e) of Section 7
of the Illinois Public Labor Relations Act or subsection
(d) of Section 10 of the Illinois Educational Labor
Relations Act shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records

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related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of

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the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted

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under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section

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1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09;
96-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10;
96-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff.
8-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; 97-783,
eff. 7-13-12; 97-813, eff. 7-13-12; 97-847, eff. 9-22-12;
97-1065, eff. 8-24-12; 97-1129, eff. 8-28-12; revised
9-20-12.)
Section 15. The Illinois Public Labor Relations Act is
amended by changing Sections 7 and 24 as follows:

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(5 ILCS 315/7) (from Ch. 48, par. 1607)
Sec. 7. Duty to bargain.
(a) A public employer and the exclusive representative have
the authority and the duty to bargain collectively set forth in
this Section.
For the purposes of this Act, "to bargain collectively"
means the performance of the mutual obligation of the public
employer or his designated representative and the
representative of the public employees to meet at reasonable
times, including meetings in advance of the budget-making
process, and to negotiate in good faith with respect to wages,
hours, and other conditions of employment, not excluded by
Section 4 of this Act, or the negotiation of an agreement, or
any question arising thereunder and the execution of a written
contract incorporating any agreement reached if requested by
either party, but such obligation does not compel either party
to agree to a proposal or require the making of a concession.
The duty "to bargain collectively" shall also include an
obligation to negotiate over any matter with respect to wages,
hours and other conditions of employment, not specifically
provided for in any other law or not specifically in violation
of the provisions of any law. If any other law pertains, in
part, to a matter affecting the wages, hours and other
conditions of employment, such other law shall not be construed
as limiting the duty "to bargain collectively" and to enter
into collective bargaining agreements containing clauses which

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either supplement, implement, or relate to the effect of such
provisions in other laws.
The duty "to bargain collectively" shall also include
negotiations as to the terms of a collective bargaining
agreement. The parties may, by mutual agreement, provide for
arbitration of impasses resulting from their inability to agree
upon wages, hours and terms and conditions of employment to be
included in a collective bargaining agreement. Such
arbitration provisions shall be subject to the Illinois
"Uniform Arbitration Act" unless agreed by the parties.
The duty "to bargain collectively" shall also mean that no
party to a collective bargaining contract shall terminate or
modify such contract, unless the party desiring such
termination or modification:
(1) serves a written notice upon the other party to the
contract of the proposed termination or modification 60
days prior to the expiration date thereof, or in the event
such contract contains no expiration date, 60 days prior to
the time it is proposed to make such termination or
modification;
(2) offers to meet and confer with the other party for
the purpose of negotiating a new contract or a contract
containing the proposed modifications;
(3) notifies the Board within 30 days after such notice
of the existence of a dispute, provided no agreement has
been reached by that time; and

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(4) continues in full force and effect, without
resorting to strike or lockout, all the terms and
conditions of the existing contract for a period of 60 days
after such notice is given to the other party or until the
expiration date of such contract, whichever occurs later.
The duties imposed upon employers, employees and labor
organizations by paragraphs (2), (3) and (4) shall become
inapplicable upon an intervening certification of the Board,
under which the labor organization, which is a party to the
contract, has been superseded as or ceased to be the exclusive
representative of the employees pursuant to the provisions of
subsection (a) of Section 9, and the duties so imposed shall
not be construed as requiring either party to discuss or agree
to any modification of the terms and conditions contained in a
contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened
under the provisions of the contract.
(b) Collective bargaining for home care and home health
workers who function as personal care attendants, personal
assistants, and individual maintenance home health workers
under the Home Services Program shall be limited to the terms
and conditions of employment under the State's control, as
defined in Public Act 93-204 or this amendatory Act of the 97th
General Assembly, as applicable.
(c) Collective bargaining for child and day care home
providers under the child care assistance program shall be

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limited to the terms and conditions of employment under the
State's control, as defined in this amendatory Act of the 94th
General Assembly.
(d) Notwithstanding any other provision of this Section,
whenever collective bargaining is for the purpose of
establishing an initial agreement following original
certification of units with fewer than 35 employees, with
respect to public employees other than peace officers, fire
fighters, and security employees, the following apply:
(1) Not later than 10 days after receiving a written
request for collective bargaining from a labor
organization that has been newly certified as a
representative as defined in Section 6(c), or within such
further period as the parties agree upon, the parties shall
meet and commence to bargain collectively and shall make
every reasonable effort to conclude and sign a collective
bargaining agreement.
(2) If anytime after the expiration of the 90-day
period beginning on the date on which bargaining is
commenced the parties have failed to reach an agreement,
either party may notify the Illinois Public Labor Relations
Board of the existence of a dispute and request mediation
in accordance with the provisions of Section 14 of this
Act.
(3) If after the expiration of the 30-day period
beginning on the date on which mediation commenced, or such

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additional period as the parties may agree upon, the
mediator is not able to bring the parties to agreement by
conciliation, either the exclusive representative of the
employees or the employer may request of the other, in
writing, arbitration and shall submit a copy of the request
to the board. Upon submission of the request for
arbitration, the parties shall be required to participate
in the impasse arbitration procedures set forth in Section
14 of this Act, except the right to strike shall not be
considered waived pursuant to Section 17 of this Act, until
the actual convening of the arbitration hearing.
(e) Notwithstanding any other provision of this Act, once
an agreement is reached between a public employer and the
exclusive representative of a bargaining unit concerning the
terms of a collective bargaining agreement, that agreement
shall be reduced to writing and published on the website of the
public employer. Not less than 14 days after publication of the
agreement on its website, the public employer shall hold an
open public meeting on ratification of the agreement. No
agreement shall be ratified by the parties until after the
public employer publishes the agreement on its website and
holds an open public meeting on ratification of the agreement
as required under this subsection (e). Upon ratification, the
agreement shall be signed by the parties.
(Source: P.A. 96-598, eff. 1-1-10; 97-1158, eff. 1-29-13.)

HB2689 - 26 - LRB098 09671 JDS 39818 b
(5 ILCS 315/24) (from Ch. 48, par. 1624)
Sec. 24. Meetings. Except as provided in Section 7 of this
Act, the The provisions of the Open Meetings Act shall not
apply to collective bargaining negotiations and grievance
arbitration conducted pursuant to this Act.
(Source: P.A. 83-1012.)
Section 20. The Illinois Educational Labor Relations Act is
amended by changing Sections 10 and 18 as follows:
(115 ILCS 5/10) (from Ch. 48, par. 1710)
Sec. 10. Duty to bargain. (a) An educational employer and
the exclusive representative have the authority and the duty to
bargain collectively as set forth in this Section. Collective
bargaining is the performance of the mutual obligations of the
educational employer and the representative of the educational
employees to meet at reasonable times and confer in good faith
with respect to wages, hours and other terms and conditions of
employment, and to execute a written contract incorporating any
agreement reached by such obligation, provided such obligation
does not compel either party to agree to a proposal or require
the making of a concession.
(b) The parties to the collective bargaining process shall
not effect or implement a provision in a collective bargaining
agreement if the implementation of that provision would be in
violation of, or inconsistent with, or in conflict with any

HB2689 - 27 - LRB098 09671 JDS 39818 b
statute or statutes enacted by the General Assembly of
Illinois. The parties to the collective bargaining process may
effect or implement a provision in a collective bargaining
agreement if the implementation of that provision has the
effect of supplementing any provision in any statute or
statutes enacted by the General Assembly of Illinois pertaining
to wages, hours or other conditions of employment; provided
however, no provision in a collective bargaining agreement may
be effected or implemented if such provision has the effect of
negating, abrogating, replacing, reducing, diminishing, or
limiting in any way any employee rights, guarantees or
privileges pertaining to wages, hours or other conditions of
employment provided in such statutes. Any provision in a
collective bargaining agreement which has the effect of
negating, abrogating, replacing, reducing, diminishing or
limiting in any way any employee rights, guarantees or
privileges provided in an Illinois statute or statutes shall be
void and unenforceable, but shall not affect the validity,
enforceability and implementation of other permissible
provisions of the collective bargaining agreement.
(c) The collective bargaining agreement negotiated between
representatives of the educational employees and the
educational employer shall contain a grievance resolution
procedure which shall apply to all employees in the unit and
shall provide for binding arbitration of disputes concerning
the administration or interpretation of the agreement. The

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agreement shall also contain appropriate language prohibiting
strikes for the duration of the agreement. The costs of such
arbitration shall be borne equally by the educational employer
and the employee organization.
(d) Notwithstanding any other provision of this Act, once
Once an agreement is reached between representatives of the
educational employees and the educational employer concerning
the terms of a collective bargaining agreement, that and is
ratified by both parties, the agreement shall be reduced to
writing and published on the website of the educational
employer. Not less than 14 days after publication of the
agreement on its website, the educational employer shall hold
an open public meeting on ratification of the agreement. No
agreement concerning the terms of a collective bargaining
agreement shall be ratified by the parties until after the
educational employer publishes the agreement on its website and
holds an open public meeting on ratification of the agreement
as required under this subsection (d). Upon ratification, the
agreement shall be signed by the parties.
(Source: P.A. 84-832.)
(115 ILCS 5/18) (from Ch. 48, par. 1718)
Sec. 18. Meetings. Except as provided in Section 10 of this
Act, the The provisions of the Open Meetings Act shall not
apply to collective bargaining negotiations and grievance
arbitrations conducted pursuant to this Act.

HB2689 - 29 - LRB098 09671 JDS 39818 b
(Source: P.A. 83-1014.)
Section 99. Effective date. This Act takes effect upon
becoming law.