Bill Text: IL SB0089 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Educational Labor Relations Act. Provides that if there is a strike of educational employees in a school district, payment of the district superintendent's salary and the salaries of all other educational administrators must be suspended for the duration of the strike. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0089 Detail]

Download: Illinois-2015-SB0089-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0089 Introduced 1/28/2015, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
115 ILCS 5/13 from Ch. 48, par. 1713
Amends the Illinois Educational Labor Relations Act. Provides that if there is a strike of educational employees in a school district, payment of the district superintendent's salary and the salaries of all other educational administrators must be suspended for the duration of the strike. Effective immediately.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Educational Labor Relations Act is
amended by changing Section 13 as follows:
(115 ILCS 5/13) (from Ch. 48, par. 1713)
Sec. 13. Strikes.
(a) Notwithstanding the existence of any other provision in
this Act or other law, educational employees employed in school
districts organized under Article 34 of the School Code shall
not engage in a strike at any time during the 18 month period
that commences on the effective date of this amendatory Act of
1995. An educational employee employed in a school district
organized under Article 34 of the School Code who participates
in a strike in violation of this Section is subject to
discipline by the employer. In addition, no educational
employer organized under Article 34 of the School Code may pay
or cause to be paid to an educational employee who participates
in a strike in violation of this subsection any wages or other
compensation for any period during which an educational
employee participates in the strike, except for wages or
compensation earned before participation in the strike.
Notwithstanding the existence of any other provision in this

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Act or other law, during the 18-month period that strikes are
prohibited under this subsection nothing in this subsection
shall be construed to require an educational employer to submit
to a binding dispute resolution process.
(b) Notwithstanding the existence of any other provision in
this Act or any other law, educational employees other than
those employed in a school district organized under Article 34
of the School Code and, after the expiration of the 18 month
period that commences on the effective date of this amendatory
Act of 1995, educational employees in a school district
organized under Article 34 of the School Code shall not engage
in a strike except under the following conditions:
(1) they are represented by an exclusive bargaining
representative;
(2) mediation has been used without success and, for
educational employers and exclusive bargaining
representatives to which subsection (a-5) of Section 12 of
this Act applies, at least 14 days have elapsed after the
Board has made public the parties' offers;
(2.5) if fact-finding was invoked pursuant to
subsection (a-10) of Section 12 of this Act, at least 30
days have elapsed after a fact-finding report has been
released for public information;
(2.10) for educational employees employed in a school
district organized under Article 34 of the School Code, at
least three-fourths of all bargaining unit employees who

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are members of the exclusive bargaining representative
have affirmatively voted to authorize the strike;
provided, however, that all members of the exclusive
bargaining representative at the time of a strike
authorization vote shall be eligible to vote;
(3) at least 10 days have elapsed after a notice of
intent to strike has been given by the exclusive bargaining
representative to the educational employer, the regional
superintendent and the Illinois Educational Labor
Relations Board;
(4) the collective bargaining agreement between the
educational employer and educational employees, if any,
has expired or been terminated; and
(5) the employer and the exclusive bargaining
representative have not mutually submitted the unresolved
issues to arbitration.
If, however, in the opinion of an employer the strike is or
has become a clear and present danger to the health or safety
of the public, the employer may initiate in the circuit court
of the county in which such danger exists an action for relief
which may include, but is not limited to, injunction. The court
may grant appropriate relief upon the finding that such clear
and present danger exists. An unfair practice or other evidence
of lack of clean hands by the educational employer is a defense
to such action. Except as provided for in this paragraph, the
jurisdiction of the court under this Section is limited by the

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Labor Dispute Act.
(c) If there is a strike of educational employees in a
school district, payment of the district superintendent's
salary and the salaries of all other educational administrators
must be suspended for the duration of the strike.
(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.