Bill Text: IL SB2430 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Public Labor Relations Act. Provides that the Illinois Labor Relations Board shall determine whether refusing to bargain collectively in good faith with a labor organization that is the exclusive representative of public employees in an appropriate unit, including, but not limited to, the discussing of grievances with the exclusive representative, was of a serious enough nature that it may undermined or significantly impact the collective bargaining process such that other traditional remedies may not remedy the violation if the Board is unable to order a make-whole remedy. Sets forth standards to make the determination and the option to order impasse arbitration. Provides that parties continue to have a duty to engage in good faith bargaining during the pendency of impasse arbitration procedures. Provides that the Board shall have authority to order make-whole relief, including, but not limited to, consequential damages and front pay for injuries suffered by employees or a labor organization as a result of an unfair labor practice. Provides that violators may also be subject to liquidated damages in an amount equal to any monetary make-whole relief ordered by the Board unless the employer can show it acted in good faith and had reasonable grounds to believe it was acting in compliance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB2430 Detail]
Download: Illinois-2023-SB2430-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Labor Relations Act is | |||||||||||||||||||||||
5 | amended by changing Sections 11 and 14 and by adding Section | |||||||||||||||||||||||
6 | 11.5 as follows:
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7 | (5 ILCS 315/11) (from Ch. 48, par. 1611)
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8 | Sec. 11. Unfair labor practice procedures. Unfair labor | |||||||||||||||||||||||
9 | practices may
be dealt with by the Board in the following | |||||||||||||||||||||||
10 | manner:
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11 | (a) Whenever it is charged that any person has engaged in | |||||||||||||||||||||||
12 | or is engaging
in any unfair labor practice, the Board or any | |||||||||||||||||||||||
13 | agent designated by the Board
for such purposes, shall conduct | |||||||||||||||||||||||
14 | an investigation of the charge. If after
such investigation | |||||||||||||||||||||||
15 | the Board finds that the charge involves a dispositive
issue | |||||||||||||||||||||||
16 | of law or fact the Board shall issue a complaint and cause to | |||||||||||||||||||||||
17 | be
served upon the person a complaint stating the charges, | |||||||||||||||||||||||
18 | accompanied by a
notice of hearing before the Board or a member | |||||||||||||||||||||||
19 | thereof designated by the
Board, or before a qualified hearing | |||||||||||||||||||||||
20 | officer designated by the Board at the
offices of the Board or | |||||||||||||||||||||||
21 | such other location as the Board deems appropriate,
not less | |||||||||||||||||||||||
22 | than 5 days after serving of such complaint provided that no
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23 | complaint shall issue based upon any unfair labor practice |
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1 | occurring more
than six months prior to the filing of a charge | ||||||
2 | with the Board and
the service of a copy thereof upon the | ||||||
3 | person against whom the charge is
made, unless the person | ||||||
4 | aggrieved thereby did not reasonably have knowledge
of the | ||||||
5 | alleged unfair labor practice or was prevented from filing | ||||||
6 | such a
charge by reason of service in the armed forces, in | ||||||
7 | which event the six
month period shall be computed from the | ||||||
8 | date of his discharge. Any such
complaint may be amended by the | ||||||
9 | member or hearing officer conducting the
hearing for the Board | ||||||
10 | in his discretion at any time prior to the issuance
of an order | ||||||
11 | based thereon. The person who is the subject of the complaint
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12 | has the right to file an answer to the original or amended | ||||||
13 | complaint and
to appear in person or by a representative and | ||||||
14 | give testimony at the place
and time fixed in the complaint. In | ||||||
15 | the discretion of the member or hearing
officer conducting the | ||||||
16 | hearing or the Board, any other person may be allowed
to | ||||||
17 | intervene in the proceeding and to present testimony. In any | ||||||
18 | hearing
conducted by the Board, neither the Board nor the | ||||||
19 | member or agent conducting
the hearing shall be bound by the | ||||||
20 | rules of evidence applicable to courts,
except as to the rules | ||||||
21 | of privilege recognized by law.
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22 | (b) The Board shall have the power to issue subpoenas and | ||||||
23 | administer oaths.
If any party wilfully fails or neglects to | ||||||
24 | appear or testify or to produce
books, papers and records | ||||||
25 | pursuant to the issuance of a subpoena by the
Board, the Board | ||||||
26 | may apply to a court of competent jurisdiction to request
that |
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1 | such party be ordered to appear before the Board to testify or | ||||||
2 | produce
the requested evidence.
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3 | (c) Any testimony taken by the Board, or a member | ||||||
4 | designated by the Board
or a hearing officer thereof, must be | ||||||
5 | reduced to writing and filed with the
Board. A full and | ||||||
6 | complete record shall be kept of all proceedings before
the | ||||||
7 | Board, and all proceedings shall be transcribed by a reporter | ||||||
8 | appointed
by the Board. The party on whom the burden of proof | ||||||
9 | rests shall be required
to sustain such burden by a | ||||||
10 | preponderance of the evidence. If, upon a
preponderance of the | ||||||
11 | evidence taken, the Board is of the opinion that any
person | ||||||
12 | named in the charge has engaged in or is engaging in an unfair | ||||||
13 | labor
practice, then it shall state its findings of fact and | ||||||
14 | shall issue and
cause to be served upon the person an order | ||||||
15 | requiring him to cease and
desist from the unfair labor | ||||||
16 | practice, and to take such affirmative action,
including | ||||||
17 | reinstatement of public employees with or without back pay, as
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18 | will effectuate the policies of this Act. If the Board awards | ||||||
19 | back pay, it
shall also award interest at the rate of 7% per | ||||||
20 | annum. The Board's order
may further require the person to | ||||||
21 | make reports from time to time,
and demonstrate the extent to | ||||||
22 | which he has complied with the order. If
there is no | ||||||
23 | preponderance of evidence to indicate to the Board that the
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24 | person named in the charge has engaged in or is engaging in the | ||||||
25 | unfair labor
practice, then the Board shall state its findings | ||||||
26 | of fact and shall issue
an order dismissing the complaint.
The |
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1 | Board's order may in its discretion also include an | ||||||
2 | appropriate
sanction, based on the Board's rules and | ||||||
3 | regulations, and the sanction may
include an order to pay the | ||||||
4 | other party or parties' reasonable expenses
including costs | ||||||
5 | and reasonable attorney's fee, if the other party has made
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6 | allegations or denials without reasonable cause and found to | ||||||
7 | be untrue or
has engaged in frivolous litigation for the | ||||||
8 | purpose of delay or needless
increase in the cost of | ||||||
9 | litigation; the State of Illinois or any agency
thereof shall | ||||||
10 | be subject to the provisions of this sentence in the same
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11 | manner as any other party. The Board shall determine whether a | ||||||
12 | violation of paragraph (4) of subsection (a) of Section 10 was | ||||||
13 | of a serious enough nature that it may have frustrated the | ||||||
14 | purposes of this Act by undermining or significantly impacting | ||||||
15 | the collective bargaining process such that other traditional | ||||||
16 | remedies may not remedy the violation if the Board is unable to | ||||||
17 | order a make-whole remedy. Reasons for such a determination | ||||||
18 | include the passage of time, that the violation was of a nature | ||||||
19 | that could undermine support for a labor organization, or that | ||||||
20 | the violation may otherwise undermine the labor organization's | ||||||
21 | bargaining strength. Should the Board make such a | ||||||
22 | determination that the violation frustrated the purposes of | ||||||
23 | this Act, the Board shall include the availability of interest | ||||||
24 | arbitration in its order and, upon request of the charging | ||||||
25 | party, the parties must participate in the impasse arbitration | ||||||
26 | procedures set forth in Section 14, except that: (i) the right |
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1 | to strike shall not be considered waived pursuant to Section | ||||||
2 | 17 until the actual convening of the arbitration hearing and; | ||||||
3 | (ii) the commencement of a new fiscal year shall not be deemed | ||||||
4 | to impair the jurisdiction or authority of the arbitration | ||||||
5 | panel or its decision.
The parties continue to have a duty to | ||||||
6 | engage in good faith bargaining during the pendency of impasse | ||||||
7 | arbitration procedures.
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8 | (d) Until the record in a case has been filed in court, the | ||||||
9 | Board at any
time, upon reasonable notice and in such manner as | ||||||
10 | it deems proper, may
modify or set aside, in whole or in part, | ||||||
11 | any finding or order made or
issued by it.
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12 | (e) A charging party or any person aggrieved by a final | ||||||
13 | order of the Board
granting or denying in whole or in part the | ||||||
14 | relief sought may apply for
and obtain judicial review of an | ||||||
15 | order of the Board entered under this Act,
in accordance with | ||||||
16 | the provisions of the Administrative Review Law, as now
or | ||||||
17 | hereafter amended, except that such judicial review shall be | ||||||
18 | afforded
directly in the appellate court for the district in | ||||||
19 | which the aggrieved
party resides or transacts business, and | ||||||
20 | provided, that such judicial
review shall not be available for | ||||||
21 | the purpose of challenging a final order
issued by the Board | ||||||
22 | pursuant to Section 9 of this Act for which judicial
review has | ||||||
23 | been petitioned pursuant to subsection (i) of Section 9. Any
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24 | direct appeal to the Appellate Court shall be filed within 35 | ||||||
25 | days from the
date that a copy of the decision sought to be | ||||||
26 | reviewed was served upon the
party affected by the decision. |
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1 | The filing of such an appeal to the Appellate Court shall not | ||||||
2 | automatically stay the enforcement of the Board's order. An | ||||||
3 | aggrieved party may apply to the Appellate Court for a stay of | ||||||
4 | the enforcement of the Board's order after the aggrieved party | ||||||
5 | has followed the procedure prescribed by Supreme Court Rule | ||||||
6 | 335. The
Board in proceedings under this
Section may obtain an | ||||||
7 | order of the court for the enforcement of its order.
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8 | (f) Whenever it appears that any person has violated a | ||||||
9 | final order of
the Board issued pursuant to this Section, the | ||||||
10 | Board must commence an action
in the name of the People of the | ||||||
11 | State of Illinois by petition, alleging
the violation, | ||||||
12 | attaching a copy of the order of the Board, and praying for
the | ||||||
13 | issuance of an order directing the person, his officers, | ||||||
14 | agents, servants,
successors, and assigns to comply with the | ||||||
15 | order of the Board.
The Board shall be represented in this | ||||||
16 | action by the Attorney General in
accordance with the Attorney | ||||||
17 | General Act. The court may grant or refuse, in
whole or in | ||||||
18 | part, the relief sought, provided that the court may stay an
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19 | order of the Board in accordance with the Administrative | ||||||
20 | Review Law,
pending disposition of the proceedings. The court | ||||||
21 | may punish a violation of
its order as in civil contempt.
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22 | (g) The proceedings provided in paragraph (f) of this | ||||||
23 | Section shall be
commenced in the Appellate Court for the | ||||||
24 | district where the unfair labor
practice which is the subject | ||||||
25 | of the Board's order was committed, or where
a person required | ||||||
26 | to cease and desist by such order resides or transacts |
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1 | business.
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2 | (h) The Board through the Attorney General, shall have | ||||||
3 | power, upon issuance
of an unfair labor practice complaint | ||||||
4 | alleging that a person has engaged
in or is engaging in an | ||||||
5 | unfair labor practice, to petition the circuit court
where the | ||||||
6 | alleged unfair labor practice which is the subject of the | ||||||
7 | Board's
complaint was allegedly committed, or where a person | ||||||
8 | required to cease and
desist from such alleged unfair labor | ||||||
9 | practice resides or transacts business,
for appropriate | ||||||
10 | temporary relief or restraining order. Upon the filing of
any | ||||||
11 | such petition, the court shall cause notice thereof to be | ||||||
12 | served upon
such persons, and thereupon shall have | ||||||
13 | jurisdiction to grant to the Board
such temporary relief or | ||||||
14 | restraining order as it deems just and proper.
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15 | (i) If an unfair labor practice charge involves the | ||||||
16 | interpretation or
application of a collective bargaining | ||||||
17 | agreement and said agreement contains
a grievance procedure | ||||||
18 | with binding arbitration as its terminal step, the
Board may | ||||||
19 | defer the resolution of such dispute to the grievance and | ||||||
20 | arbitration
procedure contained in said agreement.
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21 | (Source: P.A. 100-516, eff. 9-22-17.)
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22 | (5 ILCS 315/11.5 new) | ||||||
23 | Sec. 11.5. Make-whole relief. | ||||||
24 | (a) The Board may order make-whole relief, including, but | ||||||
25 | not limited to consequential damages and front pay for |
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1 | injuries suffered by employees or a labor organization as a | ||||||
2 | result of an unfair labor practice. In determining appropriate | ||||||
3 | relief for a violation of paragraph (4) of subsection (a) of | ||||||
4 | Section 10 serious enough to have frustrated the purposes of | ||||||
5 | the Act and that may have undermined or significantly impacted | ||||||
6 | the collective bargaining process, the Board shall take into | ||||||
7 | consideration factors that normally determine the outcome of | ||||||
8 | collective bargaining when such bargaining has been conducted | ||||||
9 | in good faith. | ||||||
10 | (b) Violators of subsection (a) of Section 10 shall also | ||||||
11 | be subject to liquidated damages in an amount equal to any | ||||||
12 | monetary make-whole relief ordered by the Board unless the | ||||||
13 | employer can show it acted in good faith and had reasonable | ||||||
14 | grounds to believe it was acting in compliance with this Act.
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15 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
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16 | Sec. 14. Security employee, peace officer and fire fighter | ||||||
17 | disputes.
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18 | (a) In the case of collective bargaining agreements | ||||||
19 | involving units of
security employees of a public employer, | ||||||
20 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
21 | and in the case of disputes under Sections 11 and Section 18,
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22 | unless the parties mutually agree to some other time limit, | ||||||
23 | mediation
shall commence 30 days prior to the expiration date | ||||||
24 | of such agreement or
at such later time as the mediation | ||||||
25 | services chosen under subsection (b) of
Section 12 can be |
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1 | provided to the parties. In the case of negotiations
for an | ||||||
2 | initial collective bargaining agreement, mediation shall | ||||||
3 | commence
upon 15 days notice from either party or at such later | ||||||
4 | time as the
mediation services chosen pursuant to subsection | ||||||
5 | (b) of Section 12 can be
provided to the parties. In mediation | ||||||
6 | under this Section, if either party
requests the use of | ||||||
7 | mediation services from the Federal Mediation and
Conciliation | ||||||
8 | Service, the other party shall either join in such request or
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9 | bear the additional cost of mediation services from another | ||||||
10 | source. The
mediator shall have a duty to keep the Board | ||||||
11 | informed on the progress of
the mediation. If any dispute has | ||||||
12 | not been resolved within 15 days after
the first meeting of the | ||||||
13 | parties and the mediator, or within such other
time limit as | ||||||
14 | may be mutually agreed upon by the parties, either the
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15 | exclusive representative or employer may request of the other, | ||||||
16 | in writing,
arbitration, and shall submit a copy of the | ||||||
17 | request to the Board.
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18 | (b) Within 10 days after such a request for arbitration | ||||||
19 | has been
made, the employer shall choose a delegate and
the | ||||||
20 | employees' exclusive representative shall choose a delegate to | ||||||
21 | a panel
of arbitration as provided in this Section. The | ||||||
22 | employer and employees
shall forthwith advise the other and | ||||||
23 | the Board of their selections.
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24 | (c) Within 7 days after the request of either party, the | ||||||
25 | parties shall request a panel of impartial arbitrators from | ||||||
26 | which they shall select the neutral chairman according to the |
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1 | procedures provided in this Section. If the parties have | ||||||
2 | agreed to a contract that contains a grievance resolution | ||||||
3 | procedure as provided in Section 8, the chairman shall be | ||||||
4 | selected using their agreed contract procedure unless they | ||||||
5 | mutually agree to another procedure. If the parties fail to | ||||||
6 | notify the Board of their selection of neutral chairman within | ||||||
7 | 7 days after receipt of the list of impartial arbitrators, the | ||||||
8 | Board shall appoint, at random, a neutral chairman from the | ||||||
9 | list. In the absence of an agreed contract procedure for | ||||||
10 | selecting an impartial arbitrator, either party may request a | ||||||
11 | panel from the Board. Within 7 days of the request of either | ||||||
12 | party, the Board shall select
from the Public Employees Labor | ||||||
13 | Mediation Roster 7 persons who are on the
labor arbitration | ||||||
14 | panels of either the American Arbitration Association or
the | ||||||
15 | Federal Mediation and Conciliation Service, or who are members | ||||||
16 | of the
National Academy of Arbitrators, as nominees for
| ||||||
17 | impartial arbitrator of the arbitration panel. The parties may | ||||||
18 | select an
individual on the list provided by the Board or any | ||||||
19 | other individual
mutually agreed upon by the parties. Within 7 | ||||||
20 | days following the receipt
of the list, the parties shall | ||||||
21 | notify the Board of the person they have
selected. Unless the | ||||||
22 | parties agree on an alternate selection procedure,
they shall | ||||||
23 | alternatively strike one name from the list provided by the
| ||||||
24 | Board until only one name remains. A coin toss shall determine | ||||||
25 | which party
shall strike the first name. If the parties fail to | ||||||
26 | notify the Board in a
timely manner of their selection for |
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1 | neutral chairman, the Board shall
appoint a neutral chairman | ||||||
2 | from the Illinois Public Employees
Mediation/Arbitration | ||||||
3 | Roster.
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4 | (d) The chairman shall call a hearing to begin within 15 | ||||||
5 | days and give
reasonable notice of the time and place of the | ||||||
6 | hearing. The hearing
shall be held at the offices of the Board | ||||||
7 | or at such other location as the
Board deems appropriate. The | ||||||
8 | chairman shall preside over the hearing and
shall take | ||||||
9 | testimony. Any oral or documentary evidence and other data
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10 | deemed relevant by the arbitration panel may be received in | ||||||
11 | evidence. The
proceedings shall be informal. Technical rules | ||||||
12 | of evidence shall not apply
and the competency of the evidence | ||||||
13 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
14 | proceedings shall be made and the arbitrator shall
arrange for | ||||||
15 | the necessary recording service. Transcripts may be ordered at
| ||||||
16 | the expense of the party ordering them, but the transcripts | ||||||
17 | shall not be
necessary for a decision by the arbitration | ||||||
18 | panel. The expense of the
proceedings, including a fee for the | ||||||
19 | chairman, shall be borne equally by each of the parties to the | ||||||
20 | dispute.
The delegates, if public officers or employees, shall | ||||||
21 | continue on the
payroll of the public employer without loss of | ||||||
22 | pay. The hearing conducted
by the arbitration panel may be | ||||||
23 | adjourned from time to time, but unless
otherwise agreed by | ||||||
24 | the parties, shall be concluded within 30 days of the
time of | ||||||
25 | its commencement. Majority actions and rulings shall | ||||||
26 | constitute
the actions and rulings of the arbitration panel. |
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1 | Arbitration proceedings
under this Section shall not be | ||||||
2 | interrupted or terminated by reason of any
unfair labor | ||||||
3 | practice charge filed by either party at any time.
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4 | (e) The arbitration panel may administer oaths, require | ||||||
5 | the attendance
of witnesses, and the production of such books, | ||||||
6 | papers, contracts, agreements
and documents as may be deemed | ||||||
7 | by it material to a just determination of
the issues in | ||||||
8 | dispute, and for such purpose may issue subpoenas. If any
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9 | person refuses to obey a subpoena, or refuses to be sworn or to | ||||||
10 | testify,
or if any witness, party or attorney is guilty of any | ||||||
11 | contempt while in
attendance at any hearing, the arbitration | ||||||
12 | panel may, or the attorney general
if requested shall, invoke | ||||||
13 | the aid of any circuit court within the jurisdiction
in which | ||||||
14 | the hearing is being held, which court shall issue an | ||||||
15 | appropriate
order. Any failure to obey the order may be | ||||||
16 | punished by the court as contempt.
| ||||||
17 | (f) At any time before the rendering of an award, the | ||||||
18 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
19 | it would be useful or
beneficial to do so, may remand the | ||||||
20 | dispute to the parties for further
collective bargaining for a | ||||||
21 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
22 | further collective bargaining the time provisions of this
Act | ||||||
23 | shall be extended for a time period equal to that of the | ||||||
24 | remand. The
chairman of the panel of arbitration shall notify | ||||||
25 | the Board of the remand.
| ||||||
26 | (g) At or before the conclusion of the hearing held |
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| |||||||
1 | pursuant to subsection
(d), the arbitration panel shall | ||||||
2 | identify the economic issues in dispute,
and direct each of | ||||||
3 | the parties to submit, within such time limit as the
panel | ||||||
4 | shall prescribe, to the arbitration panel and to each other | ||||||
5 | its last
offer of settlement on each economic issue. The | ||||||
6 | determination of the
arbitration panel as to the issues in | ||||||
7 | dispute and as to which of these
issues are economic shall be | ||||||
8 | conclusive. The arbitration panel, within 30
days after the | ||||||
9 | conclusion of the hearing, or such further additional
periods | ||||||
10 | to which the parties may agree, shall make written findings of | ||||||
11 | fact
and promulgate a written opinion and shall mail or | ||||||
12 | otherwise deliver a true
copy thereof to the parties and their | ||||||
13 | representatives and to the Board. As
to each economic issue, | ||||||
14 | the arbitration panel shall adopt the last offer of
settlement | ||||||
15 | which, in the opinion of the arbitration panel, more nearly
| ||||||
16 | complies with the applicable factors prescribed in subsection | ||||||
17 | (h). The
findings, opinions and order as to all other issues | ||||||
18 | shall be based upon the
applicable factors prescribed in | ||||||
19 | subsection (h).
| ||||||
20 | (h) Where there is no agreement between the parties, or | ||||||
21 | where there is
an agreement but the parties have begun | ||||||
22 | negotiations or discussions looking
to a new agreement or | ||||||
23 | amendment of the existing agreement, and wage rates
or other | ||||||
24 | conditions of employment under the proposed new or amended | ||||||
25 | agreement
are in dispute, the arbitration panel shall base its | ||||||
26 | findings, opinions
and order upon the following factors, as |
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1 | applicable:
| ||||||
2 | (1) The lawful authority of the employer.
| ||||||
3 | (2) Stipulations of the parties.
| ||||||
4 | (3) The interests and welfare of the public and the | ||||||
5 | financial ability
of the unit of government to meet those | ||||||
6 | costs.
| ||||||
7 | (4) Comparison of the wages, hours and conditions of | ||||||
8 | employment of the
employees involved in the arbitration | ||||||
9 | proceeding with the wages, hours and
conditions of | ||||||
10 | employment of other employees performing similar services
| ||||||
11 | and with other employees generally:
| ||||||
12 | (A) In public employment in comparable | ||||||
13 | communities.
| ||||||
14 | (B) In private employment in comparable | ||||||
15 | communities.
| ||||||
16 | (5) The average consumer prices for goods and | ||||||
17 | services, commonly known
as the cost of living.
| ||||||
18 | (6) The overall compensation presently received by the | ||||||
19 | employees,
including
direct wage compensation, vacations, | ||||||
20 | holidays and other excused time, insurance
and pensions, | ||||||
21 | medical and hospitalization benefits, the continuity and
| ||||||
22 | stability of employment and all other benefits received.
| ||||||
23 | (7) Changes in any of the foregoing circumstances | ||||||
24 | during the pendency
of the arbitration proceedings.
| ||||||
25 | (8) Such other factors, not confined to the foregoing, | ||||||
26 | which are normally
or traditionally taken into |
| |||||||
| |||||||
1 | consideration in the determination of wages,
hours and | ||||||
2 | conditions of employment through voluntary collective | ||||||
3 | bargaining,
mediation, fact-finding, arbitration or | ||||||
4 | otherwise between the parties, in
the public service or in | ||||||
5 | private employment.
| ||||||
6 | (i) In the case of peace officers, the arbitration | ||||||
7 | decision shall be
limited to wages, hours, and conditions of | ||||||
8 | employment (which may include
residency requirements in | ||||||
9 | municipalities with a population under 100,000, but
those | ||||||
10 | residency requirements shall not allow residency outside of | ||||||
11 | Illinois)
and shall not include
the following: i) residency | ||||||
12 | requirements in municipalities with a population
of at least | ||||||
13 | 100,000; ii) the type of equipment, other
than uniforms, | ||||||
14 | issued or used; iii) manning; iv) the total number of
| ||||||
15 | employees employed by the department; v) mutual aid and | ||||||
16 | assistance
agreements to other units of government; and vi) | ||||||
17 | the criterion pursuant to
which force, including deadly force, | ||||||
18 | can be used; provided, nothing herein
shall preclude an | ||||||
19 | arbitration decision regarding equipment or manning
levels if | ||||||
20 | such decision is based on a finding that the equipment or | ||||||
21 | manning
considerations in a specific work assignment involve a | ||||||
22 | serious risk to the
safety of a peace officer beyond that which | ||||||
23 | is inherent in the normal
performance of police duties. | ||||||
24 | Limitation of the terms of the arbitration
decision pursuant | ||||||
25 | to this subsection shall not be construed to limit the
factors | ||||||
26 | upon which the decision may be based, as set forth in |
| |||||||
| |||||||
1 | subsection (h).
| ||||||
2 | In the case of fire fighter, and fire department or fire | ||||||
3 | district paramedic
matters, the arbitration decision shall be | ||||||
4 | limited to wages, hours, and
conditions of employment | ||||||
5 | (including manning and also including residency requirements | ||||||
6 | in
municipalities with a population under 1,000,000, but those | ||||||
7 | residency
requirements shall not allow residency outside of | ||||||
8 | Illinois) and shall not
include the
following matters: i) | ||||||
9 | residency requirements in municipalities with a
population of | ||||||
10 | at least 1,000,000; ii) the type of equipment (other than
| ||||||
11 | uniforms and fire fighter turnout gear) issued or used; iii) | ||||||
12 | the total
number of employees employed by the department; iv) | ||||||
13 | mutual aid and
assistance agreements to other units of | ||||||
14 | government; and v) the criterion
pursuant to which force, | ||||||
15 | including deadly force, can be used; provided,
however, | ||||||
16 | nothing herein shall preclude an arbitration decision | ||||||
17 | regarding
equipment levels if such decision is based on a | ||||||
18 | finding that the equipment
considerations in a specific work | ||||||
19 | assignment involve a serious risk to the
safety of a fire | ||||||
20 | fighter beyond that which is inherent in the normal
| ||||||
21 | performance of fire fighter duties. Limitation of the terms of | ||||||
22 | the
arbitration decision pursuant to this subsection shall not | ||||||
23 | be construed to
limit the facts upon which the decision may be | ||||||
24 | based, as set forth in
subsection (h).
| ||||||
25 | The changes to this subsection (i) made by Public Act | ||||||
26 | 90-385 (relating to residency requirements) do not
apply to |
| |||||||
| |||||||
1 | persons who are employed by a combined department that | ||||||
2 | performs both
police and firefighting services; these persons | ||||||
3 | shall be governed by the
provisions of this subsection (i) | ||||||
4 | relating to peace officers, as they existed
before the | ||||||
5 | amendment by Public Act 90-385.
| ||||||
6 | To preserve historical bargaining rights, this subsection | ||||||
7 | shall not apply
to any provision of a fire fighter collective | ||||||
8 | bargaining agreement in effect
and applicable on the effective | ||||||
9 | date of this Act; provided, however, nothing
herein shall | ||||||
10 | preclude arbitration with respect to any such provision.
| ||||||
11 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
12 | by the
filing of a letter requesting mediation as required | ||||||
13 | under subsection (a)
of this Section. The commencement of a | ||||||
14 | new municipal fiscal year after the
initiation of arbitration | ||||||
15 | procedures under this Act, but before the
arbitration | ||||||
16 | decision, or its enforcement, shall not be deemed to render a
| ||||||
17 | dispute moot, or to otherwise impair the jurisdiction or | ||||||
18 | authority of the
arbitration panel or its decision. Increases | ||||||
19 | in rates
of compensation awarded by the arbitration panel may | ||||||
20 | be effective only at
the start of the fiscal year next | ||||||
21 | commencing after the date of the arbitration
award. If a new | ||||||
22 | fiscal year has commenced either since the initiation of
| ||||||
23 | arbitration procedures under this Act or since any mutually | ||||||
24 | agreed
extension of the statutorily required period of | ||||||
25 | mediation
under this Act by the parties to the labor dispute | ||||||
26 | causing a
delay in the initiation of arbitration, the |
| |||||||
| |||||||
1 | foregoing limitations shall be
inapplicable, and such awarded | ||||||
2 | increases may be retroactive to the
commencement of the fiscal | ||||||
3 | year, any other statute or charter provisions to
the contrary, | ||||||
4 | notwithstanding. At any time the parties, by stipulation, may
| ||||||
5 | amend or modify an award of arbitration.
| ||||||
6 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
7 | upon
appropriate petition by either the public employer or the | ||||||
8 | exclusive
bargaining representative, by the circuit court for | ||||||
9 | the county in which the
dispute arose or in which a majority of | ||||||
10 | the affected employees reside, but
only for reasons that the | ||||||
11 | arbitration panel was without or exceeded its
statutory | ||||||
12 | authority; the order is arbitrary, or capricious; or the order
| ||||||
13 | was procured by fraud, collusion or other similar and unlawful | ||||||
14 | means. Such
petitions for review must be filed with the | ||||||
15 | appropriate circuit court
within 90 days following the | ||||||
16 | issuance of the arbitration order. The
pendency of such | ||||||
17 | proceeding for review shall not automatically stay the
order | ||||||
18 | of the arbitration panel. The party against whom the final | ||||||
19 | decision
of any such court shall be adverse, if such court | ||||||
20 | finds such appeal or
petition to be frivolous, shall pay | ||||||
21 | reasonable attorneys' fees and costs to
the successful party | ||||||
22 | as determined by said court in its discretion. If said
court's | ||||||
23 | decision affirms the award of money, such award, if | ||||||
24 | retroactive,
shall bear interest at the rate of 12 percent per | ||||||
25 | annum from the effective
retroactive date.
| ||||||
26 | (l) During the pendency of proceedings before the |
| |||||||
| |||||||
1 | arbitration panel,
existing wages, hours, and other conditions | ||||||
2 | of employment shall not be
changed by action of either party | ||||||
3 | without the consent of the other but a
party may so consent | ||||||
4 | without prejudice to his rights or position under
this Act. | ||||||
5 | The proceedings are deemed to be pending before the | ||||||
6 | arbitration
panel upon the initiation of arbitration | ||||||
7 | procedures under this Act.
| ||||||
8 | (m) Security officers of public employers, and Peace | ||||||
9 | Officers, Fire
Fighters and fire department and fire | ||||||
10 | protection district paramedics,
covered by this Section may | ||||||
11 | not withhold services, nor may public employers
lock out or | ||||||
12 | prevent such employees from performing services at any time.
| ||||||
13 | (n) All of the terms decided upon by the arbitration panel | ||||||
14 | shall be included
in an agreement to be submitted to the public | ||||||
15 | employer's governing body
for ratification and adoption by | ||||||
16 | law, ordinance or the equivalent
appropriate means.
| ||||||
17 | The governing body shall review each term decided by the | ||||||
18 | arbitration panel.
If the governing body fails to reject one | ||||||
19 | or more terms of the
arbitration panel's decision by a 3/5 vote | ||||||
20 | of those duly elected and
qualified members of the governing | ||||||
21 | body, within 20 days of issuance, or
in the case of | ||||||
22 | firefighters employed by a state university, at the next
| ||||||
23 | regularly scheduled meeting of the governing body after | ||||||
24 | issuance, such
term or terms shall become a part of the | ||||||
25 | collective bargaining agreement of
the parties. If the | ||||||
26 | governing body affirmatively rejects one or more terms
of the |
| |||||||
| |||||||
1 | arbitration panel's decision, it must provide reasons for such
| ||||||
2 | rejection with respect to each term so rejected, within 20 | ||||||
3 | days of such
rejection and the parties shall return to the | ||||||
4 | arbitration panel
for further proceedings and issuance of a | ||||||
5 | supplemental decision with respect
to the rejected terms. Any | ||||||
6 | supplemental decision by an arbitration panel
or other | ||||||
7 | decision maker agreed to by the parties shall be submitted to
| ||||||
8 | the governing body for ratification and adoption in accordance | ||||||
9 | with the
procedures and voting requirements set forth in this | ||||||
10 | Section.
The voting requirements of this subsection shall | ||||||
11 | apply to all disputes
submitted to arbitration pursuant to | ||||||
12 | this Section notwithstanding any
contrary voting requirements | ||||||
13 | contained in any existing collective
bargaining agreement | ||||||
14 | between the parties.
| ||||||
15 | (o) If the governing body of the employer votes to reject | ||||||
16 | the panel's
decision, the parties shall return to the panel | ||||||
17 | within 30 days from the
issuance of the reasons for rejection | ||||||
18 | for further proceedings and issuance
of a supplemental | ||||||
19 | decision. All reasonable costs of such supplemental
proceeding | ||||||
20 | including the exclusive representative's reasonable attorney's
| ||||||
21 | fees, as established by the Board, shall be paid by the | ||||||
22 | employer.
| ||||||
23 | (p) Notwithstanding the provisions of this Section the | ||||||
24 | employer and
exclusive representative may agree to submit | ||||||
25 | unresolved disputes concerning
wages, hours, terms and | ||||||
26 | conditions of employment to an alternative form of
impasse |
| |||||||
| |||||||
1 | resolution.
| ||||||
2 | The amendatory changes to this Section made by Public Act | ||||||
3 | 101-652 take effect July 1, 2022. | ||||||
4 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
|