Bill Text: IL SB3766 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Educational Labor Relations Act. Provides that a collective bargaining agreement shall also contain appropriate language prohibiting strikes during the regular school term. Effective July 1, 2010.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB3766 Detail]

Download: Illinois-2009-SB3766-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3766 Introduced 2/11/2010, by Sen. J. Bradley Burzynski SYNOPSIS AS INTRODUCED:
115 ILCS 5/10 from Ch. 48, par. 1710
Amends the Illinois Educational Labor Relations Act. Provides that a collective bargaining agreement shall also contain appropriate language prohibiting strikes during the regular school term. Effective July 1, 2010.
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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 10 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
statute or statutes enacted by the General Assembly of
Illinois. The parties to the collective bargaining process may

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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
agreement shall also contain appropriate language prohibiting
strikes for the duration of the agreement and during the

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regular school term as defined in Section 10-19 of the School
Code. The costs of such arbitration shall be borne equally by
the educational employer and the employee organization.
(d) Once an agreement is reached between representatives of
the educational employees and the educational employer and is
ratified by both parties, the agreement shall be reduced to
writing and signed by the parties.
(Source: P.A. 84-832.)
Section 99. Effective date. This Act takes effect July 1,
2010.