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Public Act 098-1151 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Labor Relations Act is | ||||
amended by changing Section 14 as follows:
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(5 ILCS 315/14) (from Ch. 48, par. 1614)
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Sec. 14. Security Employee, Peace Officer and Fire Fighter | ||||
Disputes.
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(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
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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 | ||||
collective bargaining agreement, mediation shall commence
upon | ||||
15 days notice from either party or at such later time as the
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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
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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.
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(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.
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(c) Within 7 days after the request of either party, the | ||
parties shall request a panel of impartial arbitrators from | ||
which they shall select the neutral chairman according to the | ||
procedures provided in this Section. If the parties have agreed | ||
to a contract that contains a grievance resolution procedure as | ||
provided in Section 8, the chairman shall be selected using | ||
their agreed contract procedure unless they mutually agree to | ||
another procedure. If the parties fail to notify the Board of | ||
their selection of neutral chairman within 7 days after receipt | ||
of the list of impartial arbitrators, the Board shall appoint, | ||
at random, a neutral chairman from the list. In the absence of |
an agreed contract procedure for selecting an impartial | ||
arbitrator, either party may request a panel from the Board. | ||
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 | ||
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
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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
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timely manner of their selection for neutral chairman, the | ||
Board shall
appoint a neutral chairman from the Illinois Public | ||
Employees
Mediation/Arbitration Roster.
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(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
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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
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the expense of the party ordering them, but the transcripts | ||
shall not be
necessary for a decision by the arbitration panel. | ||
The expense of the
proceedings, including a fee for the | ||
chairman, 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
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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.
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(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 | ||
contempt.
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(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.
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(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
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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).
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(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:
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(1) The lawful authority of the employer.
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(2) Stipulations of the parties.
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(3) The interests and welfare of the public and the | ||
financial ability
of the unit of government to meet those | ||
costs.
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(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
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and with other employees generally:
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(A) In public employment in comparable | ||
communities.
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(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.
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(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
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stability of employment and all other benefits received.
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(7) Changes in any of the foregoing circumstances | ||
during the pendency
of the arbitration proceedings.
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(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.
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(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) | ||
manning; iv) the total number of
employees employed by the | ||
department; v) mutual aid and assistance
agreements to 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 involve a serious risk to the
safety | ||
of a peace officer beyond that which is inherent in the normal
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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).
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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 | ||
( including manning and also including 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
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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,
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however, nothing herein shall preclude an arbitration decision | ||
regarding
equipment levels if such 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
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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).
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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.
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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.
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(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 | ||
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
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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.
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(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
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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 | ||
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.
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(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
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panel upon the initiation of arbitration procedures under this | ||
Act.
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(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.
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(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
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submitted to arbitration pursuant to this Section | ||
notwithstanding any
contrary voting requirements contained in | ||
any existing collective
bargaining agreement between the | ||
parties.
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(o) If the governing body of the employer votes to reject | ||
the panel's
decision, the parties shall return to the panel | ||
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
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fees, as established by the Board, shall be paid by the | ||
employer.
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(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.
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(Source: P.A. 98-535, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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