Bill Text: IL SB2072 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Illinois Public Labor Relations Act. Includes manning levels in the terms and conditions of employment subject to collective bargaining and, with respect to peace officers, within the scope of arbitration decisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2010-04-23 - Rule 19(a) / Re-referred to Rules Committee [SB2072 Detail]

Download: Illinois-2009-SB2072-Engrossed.html

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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Sections 4 and 14 as follows:
(5 ILCS 315/4) (from Ch. 48, par. 1604)
Sec. 4. Management Rights. Employers shall not be required
to bargain over matters of inherent managerial policy, which
shall include such areas of discretion or policy as the
functions of the employer, standards of services, its overall
budget, the organizational structure and selection of new
employees, examination techniques and direction of employees.
Employers, however, shall be required to bargain collectively
with regard to policy matters directly affecting wages, hours
and terms and conditions of employment, including manning, as
well as the impact thereon upon request by employee
representatives.
To preserve the rights of employers and exclusive
representatives which have established collective bargaining
relationships or negotiated collective bargaining agreements
prior to the effective date of this Act, employers shall be
required to bargain collectively with regard to any matter
concerning wages, hours or conditions of employment about which

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they have bargained for and agreed to in a collective
bargaining agreement prior to the effective date of this Act.
The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
Nothing in this amendatory Act of the 94th General Assembly
shall be construed to intrude upon the judicial functions of
any court. This amendatory Act of the 94th General Assembly
applies only to nonjudicial administrative matters relating to
the collective bargaining rights of court reporters.
(Source: P.A. 94-98, eff. 7-1-05.)
(5 ILCS 315/14) (from Ch. 48, par. 1614)
Sec. 14. Security Employee, Peace Officer and Fire Fighter
Disputes.
(a) In the case of collective bargaining agreements
involving units of security employees of a public employer,
Peace Officer Units, or units of fire fighters or paramedics,
and in the case of disputes under Section 18, unless the
parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such
agreement or at such later time as the mediation services
chosen under subsection (b) of Section 12 can be provided to
the parties. In the case of negotiations for an initial

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collective bargaining agreement, mediation shall commence upon
15 days notice from either party or at such later time as the
mediation services chosen pursuant to subsection (b) of Section
12 can be provided to the parties. In mediation under this
Section, if either party requests the use of mediation services
from the Federal Mediation and Conciliation Service, the other
party shall either join in such request or bear the additional
cost of mediation services from another source. The mediator
shall have a duty to keep the Board informed on the progress of
the mediation. If any dispute has not been resolved within 15
days after the first meeting of the parties and the mediator,
or within such other time limit as may be mutually agreed upon
by the parties, either the exclusive representative or employer
may request of the other, in writing, arbitration, and shall
submit a copy of the request to the Board.
(b) Within 10 days after such a request for arbitration has
been made, the employer shall choose a delegate and the
employees' exclusive representative shall choose a delegate to
a panel of arbitration as provided in this Section. The
employer and employees shall forthwith advise the other and the
Board of their selections.
(c) Within 7 days of the request of either party, the Board
shall select from the Public Employees Labor Mediation Roster 7
persons who are on the labor arbitration panels of either the
American Arbitration Association or the Federal Mediation and
Conciliation Service, or who are members of the National

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Academy of Arbitrators, as nominees for impartial arbitrator of
the arbitration panel. The parties may select an individual on
the list provided by the Board or any other individual mutually
agreed upon by the parties. Within 7 days following the receipt
of the list, the parties shall notify the Board of the person
they have selected. Unless the parties agree on an alternate
selection procedure, they shall alternatively strike one name
from the list provided by the Board until only one name
remains. A coin toss shall determine which party shall strike
the first name. If the parties fail to notify the Board in a
timely manner of their selection for neutral chairman, the
Board shall appoint a neutral chairman from the Illinois Public
Employees Mediation/Arbitration Roster.
(d) The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of the
hearing. The hearing shall be held at the offices of the Board
or at such other location as the Board deems appropriate. The
chairman shall preside over the hearing and shall take
testimony. Any oral or documentary evidence and other data
deemed relevant by the arbitration panel may be received in
evidence. The proceedings shall be informal. Technical rules of
evidence shall not apply and the competency of the evidence
shall not thereby be deemed impaired. A verbatim record of the
proceedings shall be made and the arbitrator shall arrange for
the necessary recording service. Transcripts may be ordered at
the expense of the party ordering them, but the transcripts

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shall not be necessary for a decision by the arbitration panel.
The expense of the proceedings, including a fee for the
chairman, established in advance by the Board, shall be borne
equally by each of the parties to the dispute. The delegates,
if public officers or employees, shall continue on the payroll
of the public employer without loss of pay. The hearing
conducted by the arbitration panel may be adjourned from time
to time, but unless otherwise agreed by the parties, shall be
concluded within 30 days of the time of its commencement.
Majority actions and rulings shall constitute the actions and
rulings of the arbitration panel. Arbitration proceedings
under this Section shall not be interrupted or terminated by
reason of any unfair labor practice charge filed by either
party at any time.
(e) The arbitration panel may administer oaths, require the
attendance of witnesses, and the production of such books,
papers, contracts, agreements and documents as may be deemed by
it material to a just determination of the issues in dispute,
and for such purpose may issue subpoenas. If any person refuses
to obey a subpoena, or refuses to be sworn or to testify, or if
any witness, party or attorney is guilty of any contempt while
in attendance at any hearing, the arbitration panel may, or the
attorney general if requested shall, invoke the aid of any
circuit court within the jurisdiction in which the hearing is
being held, which court shall issue an appropriate order. Any
failure to obey the order may be punished by the court as

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contempt.
(f) At any time before the rendering of an award, the
chairman of the arbitration panel, if he is of the opinion that
it would be useful or beneficial to do so, may remand the
dispute to the parties for further collective bargaining for a
period not to exceed 2 weeks. If the dispute is remanded for
further collective bargaining the time provisions of this Act
shall be extended for a time period equal to that of the
remand. The chairman of the panel of arbitration shall notify
the Board of the remand.
(g) At or before the conclusion of the hearing held
pursuant to subsection (d), the arbitration panel shall
identify the economic issues in dispute, and direct each of the
parties to submit, within such time limit as the panel shall
prescribe, to the arbitration panel and to each other its last
offer of settlement on each economic issue. The determination
of the arbitration panel as to the issues in dispute and as to
which of these issues are economic shall be conclusive. The
arbitration panel, within 30 days after the conclusion of the
hearing, or such further additional periods to which the
parties may agree, shall make written findings of fact and
promulgate a written opinion and shall mail or otherwise
deliver a true copy thereof to the parties and their
representatives and to the Board. As to each economic issue,
the arbitration panel shall adopt the last offer of settlement
which, in the opinion of the arbitration panel, more nearly

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complies with the applicable factors prescribed in subsection
(h). The findings, opinions and order as to all other issues
shall be based upon the applicable factors prescribed in
subsection (h).
(h) Where there is no agreement between the parties, or
where there is an agreement but the parties have begun
negotiations or discussions looking to a new agreement or
amendment of the existing agreement, and wage rates or other
conditions of employment under the proposed new or amended
agreement are in dispute, the arbitration panel shall base its
findings, opinions and order upon the following factors, as
applicable:
(1) The lawful authority of the employer.
(2) Stipulations of the parties.
(3) The interests and welfare of the public and the
financial ability of the unit of government to meet those
costs.
(4) Comparison of the wages, hours and conditions of
employment of the employees involved in the arbitration
proceeding with the wages, hours and conditions of
employment of other employees performing similar services
and with other employees generally:
(A) In public employment in comparable
communities.
(B) In private employment in comparable
communities.

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(5) The average consumer prices for goods and services,
commonly known as the cost of living.
(6) The overall compensation presently received by the
employees, including direct wage compensation, vacations,
holidays and other excused time, insurance and pensions,
medical and hospitalization benefits, the continuity and
stability of employment and all other benefits received.
(7) Changes in any of the foregoing circumstances
during the pendency of the arbitration proceedings.
(8) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into
consideration in the determination of wages, hours and
conditions of employment through voluntary collective
bargaining, mediation, fact-finding, arbitration or
otherwise between the parties, in the public service or in
private employment.
(i) In the case of peace officers, the arbitration decision
shall be limited to wages, hours, and conditions of employment
(which may include residency requirements in municipalities
with a population under 1,000,000, but those residency
requirements shall not allow residency outside of Illinois) and
shall not include the following: i) residency requirements in
municipalities with a population of at least 1,000,000; ii) the
type of equipment, other than uniforms, issued or used; iii)
(blank) manning; iv) the total number of employees employed by
the department; v) mutual aid and assistance agreements to

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other units of government; and vi) the criterion pursuant to
which force, including deadly force, can be used; provided,
nothing herein shall preclude an arbitration decision
regarding equipment or manning levels if such decision is based
on a finding that the equipment or manning considerations in a
specific work assignment involves involve a serious risk to the
safety of a peace officer beyond that which is inherent in the
normal performance of police duties. Limitation of the terms of
the arbitration decision pursuant to this subsection shall not
be construed to limit the factors upon which the decision may
be based, as set forth in subsection (h).
In the case of fire fighter, and fire department or fire
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment (which
may include residency requirements in municipalities with a
population under 1,000,000, but those residency requirements
shall not allow residency outside of Illinois) and shall not
include the following matters: i) residency requirements in
municipalities with a population of at least 1,000,000; ii) the
type of equipment (other than uniforms and fire fighter turnout
gear) issued or used; iii) the total number of employees
employed by the department; iv) mutual aid and assistance
agreements to other units of government; and v) the criterion
pursuant to which force, including deadly force, can be used;
provided, however, nothing herein shall preclude an
arbitration decision regarding equipment levels if such

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decision is based on a finding that the equipment
considerations in a specific work assignment involve a serious
risk to the safety of a fire fighter beyond that which is
inherent in the normal performance of fire fighter duties.
Limitation of the terms of the arbitration decision pursuant to
this subsection shall not be construed to limit the facts upon
which the decision may be based, as set forth in subsection
(h).
The changes to this subsection (i) made by Public Act
90-385 (relating to residency requirements) do not apply to
persons who are employed by a combined department that performs
both police and firefighting services; these persons shall be
governed by the provisions of this subsection (i) relating to
peace officers, as they existed before the amendment by Public
Act 90-385.
To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining agreement in effect and applicable on the effective
date of this Act; provided, however, nothing herein shall
preclude arbitration with respect to any such provision.
(j) Arbitration procedures shall be deemed to be initiated
by the filing of a letter requesting mediation as required
under subsection (a) of this Section. The commencement of a new
municipal fiscal year after the initiation of arbitration
procedures under this Act, but before the arbitration decision,
or its enforcement, shall not be deemed to render a dispute

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moot, or to otherwise impair the jurisdiction or authority of
the arbitration panel or its decision. Increases in rates of
compensation awarded by the arbitration panel may be effective
only at the start of the fiscal year next commencing after the
date of the arbitration award. If a new fiscal year has
commenced either since the initiation of arbitration
procedures under this Act or since any mutually agreed
extension of the statutorily required period of mediation under
this Act by the parties to the labor dispute causing a delay in
the initiation of arbitration, the foregoing limitations shall
be inapplicable, and such awarded increases may be retroactive
to the commencement of the fiscal year, any other statute or
charter provisions to the contrary, notwithstanding. At any
time the parties, by stipulation, may amend or modify an award
of arbitration.
(k) Orders of the arbitration panel shall be reviewable,
upon appropriate petition by either the public employer or the
exclusive bargaining representative, by the circuit court for
the county in which the dispute arose or in which a majority of
the affected employees reside, but only for reasons that the
arbitration panel was without or exceeded its statutory
authority; the order is arbitrary, or capricious; or the order
was procured by fraud, collusion or other similar and unlawful
means. Such petitions for review must be filed with the
appropriate circuit court within 90 days following the issuance
of the arbitration order. The pendency of such proceeding for

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review shall not automatically stay the order of the
arbitration panel. The party against whom the final decision of
any such court shall be adverse, if such court finds such
appeal or petition to be frivolous, shall pay reasonable
attorneys' fees and costs to the successful party as determined
by said court in its discretion. If said court's decision
affirms the award of money, such award, if retroactive, shall
bear interest at the rate of 12 percent per annum from the
effective retroactive date.
(l) During the pendency of proceedings before the
arbitration panel, existing wages, hours, and other conditions
of employment shall not be changed by action of either party
without the consent of the other but a party may so consent
without prejudice to his rights or position under this Act. The
proceedings are deemed to be pending before the arbitration
panel upon the initiation of arbitration procedures under this
Act.
(m) Security officers of public employers, and Peace
Officers, Fire Fighters and fire department and fire protection
district paramedics, covered by this Section may not withhold
services, nor may public employers lock out or prevent such
employees from performing services at any time.
(n) All of the terms decided upon by the arbitration panel
shall be included in an agreement to be submitted to the public
employer's governing body for ratification and adoption by law,
ordinance or the equivalent appropriate means.

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The governing body shall review each term decided by the
arbitration panel. If the governing body fails to reject one or
more terms of the arbitration panel's decision by a 3/5 vote of
those duly elected and qualified members of the governing body,
within 20 days of issuance, or in the case of firefighters
employed by a state university, at the next regularly scheduled
meeting of the governing body after issuance, such term or
terms shall become a part of the collective bargaining
agreement of the parties. If the governing body affirmatively
rejects one or more terms of the arbitration panel's decision,
it must provide reasons for such rejection with respect to each
term so rejected, within 20 days of such rejection and the
parties shall return to the arbitration panel for further
proceedings and issuance of a supplemental decision with
respect to the rejected terms. Any supplemental decision by an
arbitration panel or other decision maker agreed to by the
parties shall be submitted to the governing body for
ratification and adoption in accordance with the procedures and
voting requirements set forth in this Section. The voting
requirements of this subsection shall apply to all disputes
submitted to arbitration pursuant to this Section
notwithstanding any contrary voting requirements contained in
any existing collective bargaining agreement between the
parties.
(o) If the governing body of the employer votes to reject
the panel's decision, the parties shall return to the panel

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within 30 days from the issuance of the reasons for rejection
for further proceedings and issuance of a supplemental
decision. All reasonable costs of such supplemental proceeding
including the exclusive representative's reasonable attorney's
fees, as established by the Board, shall be paid by the
employer.
(p) Notwithstanding the provisions of this Section the
employer and exclusive representative may agree to submit
unresolved disputes concerning wages, hours, terms and
conditions of employment to an alternative form of impasse
resolution.
(Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97;
90-385, eff. 8-15-97; 90-655, eff. 7-30-98.)