Sen. Linda Holmes
Filed: 3/14/2014
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1 | AMENDMENT TO SENATE BILL 3514
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2 | AMENDMENT NO. ______. Amend Senate Bill 3514 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Sections 9 and 14 as follows:
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6 | (5 ILCS 315/9) (from Ch. 48, par. 1609)
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7 | Sec. 9. Elections; recognition.
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8 | (a) Whenever in accordance with such
regulations as may be | ||||||
9 | prescribed by the Board a petition has been filed:
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10 | (1) by a public employee or group of public employees | ||||||
11 | or any labor
organization acting in their behalf | ||||||
12 | demonstrating that 30% of the public
employees in an | ||||||
13 | appropriate unit (A) wish to be represented for the
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14 | purposes of collective bargaining by a labor organization | ||||||
15 | as exclusive
representative, or (B) asserting that the | ||||||
16 | labor organization which has been
certified or is currently |
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1 | recognized by the public employer as bargaining
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2 | representative is no longer the representative of the | ||||||
3 | majority of public
employees in the unit; or
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4 | (2) by a public employer alleging that one or more | ||||||
5 | labor organizations
have presented to it a claim that they | ||||||
6 | be recognized as the representative
of a majority of the | ||||||
7 | public employees in an appropriate unit,
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8 | the Board
shall investigate such petition, and if it has | ||||||
9 | reasonable cause to believe
that a question of representation | ||||||
10 | exists, shall provide for an appropriate
hearing upon due | ||||||
11 | notice. Such hearing shall be held at the offices of
the Board | ||||||
12 | or such other location as the Board deems appropriate.
If it | ||||||
13 | finds upon the record of the hearing that a question of
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14 | representation exists, it shall direct an election in | ||||||
15 | accordance with
subsection (d) of this Section, which election | ||||||
16 | shall be held not later than
120 days after the date the | ||||||
17 | petition was filed regardless of whether that
petition was | ||||||
18 | filed before or after the effective date of this amendatory
Act | ||||||
19 | of 1987; provided, however, the Board may extend the time for | ||||||
20 | holding an
election by an additional 60 days if, upon motion by | ||||||
21 | a person who has filed
a petition under this Section or is the | ||||||
22 | subject of a petition filed under
this Section and is a party | ||||||
23 | to such hearing, or upon the Board's own
motion, the Board | ||||||
24 | finds that good cause has been shown for extending the
election | ||||||
25 | date; provided further, that nothing in this Section shall | ||||||
26 | prohibit
the Board, in its discretion, from extending the time |
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1 | for holding an
election for so long as may be necessary under | ||||||
2 | the circumstances, where the
purpose for such extension is to | ||||||
3 | permit resolution by the Board of an
unfair labor practice | ||||||
4 | charge filed by one of the parties to a
representational | ||||||
5 | proceeding against the other based upon conduct which may
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6 | either affect the existence of a question concerning | ||||||
7 | representation or have
a tendency to interfere with a fair and | ||||||
8 | free election, where the party
filing the charge has not filed | ||||||
9 | a request to proceed with the election; and
provided further | ||||||
10 | that prior to the expiration of the total time allotted
for | ||||||
11 | holding an election, a person who has filed a petition under | ||||||
12 | this
Section or is the subject of a petition filed under this | ||||||
13 | Section and is a
party to such hearing or the Board, may move | ||||||
14 | for and obtain the entry
of an order in the circuit court of | ||||||
15 | the county in which the majority of the
public employees sought | ||||||
16 | to be represented by such person reside, such order
extending | ||||||
17 | the date upon which the election shall be held. Such order | ||||||
18 | shall
be issued by the circuit court only upon a judicial | ||||||
19 | finding that there has
been a sufficient showing that there is | ||||||
20 | good cause to extend the election
date beyond such period and | ||||||
21 | shall require the Board to hold the
election as soon as is | ||||||
22 | feasible given the totality of the circumstances.
Such 120 day | ||||||
23 | period may be extended one or more times by the agreement
of | ||||||
24 | all parties to the hearing to a date certain without the | ||||||
25 | necessity of
obtaining a court order. Nothing in this Section | ||||||
26 | prohibits the waiving
of hearings by stipulation for the |
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1 | purpose of a consent election in conformity
with the rules and | ||||||
2 | regulations of the Board or an election in a unit agreed
upon | ||||||
3 | by the parties. Other interested employee organizations may | ||||||
4 | intervene
in the proceedings in the manner and within the time | ||||||
5 | period specified by
rules and regulations of the Board. | ||||||
6 | Interested parties who are necessary
to the proceedings may | ||||||
7 | also intervene in the proceedings in the manner and
within the | ||||||
8 | time period specified by the rules and regulations of the | ||||||
9 | Board.
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10 | (a-5) The Board shall designate an exclusive | ||||||
11 | representative for purposes
of
collective bargaining when the | ||||||
12 | representative demonstrates a showing of
majority interest by | ||||||
13 | employees in the unit. If the parties to a dispute are
without
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14 | agreement on the means to ascertain the choice, if any, of | ||||||
15 | employee
organization
as their representative, the Board shall | ||||||
16 | ascertain the employees' choice of
employee organization, on | ||||||
17 | the basis of dues deduction authorization or other
evidence, | ||||||
18 | or, if necessary, by conducting an election. All evidence | ||||||
19 | submitted by an employee organization to the Board to ascertain | ||||||
20 | an employee's choice of an employee organization is | ||||||
21 | confidential and shall not be submitted to the employer for | ||||||
22 | review. The Board shall ascertain the employee's choice of | ||||||
23 | employee organization within 120 days after the filing of the | ||||||
24 | majority interest petition; however, the Board may extend time | ||||||
25 | by an additional 60 days, upon its own motion or upon the | ||||||
26 | motion of a party to the proceeding. If either party provides
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1 | to the Board, before the designation of a representative, clear | ||||||
2 | and convincing
evidence that the dues deduction | ||||||
3 | authorizations, and other evidence upon which
the Board would | ||||||
4 | otherwise rely to ascertain the employees' choice of
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5 | representative, are fraudulent or were obtained through | ||||||
6 | coercion, the Board
shall promptly thereafter conduct an | ||||||
7 | election. The Board shall also investigate
and consider a | ||||||
8 | party's allegations that the dues deduction authorizations and
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9 | other evidence submitted in support of a designation of | ||||||
10 | representative without
an election were subsequently changed, | ||||||
11 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
12 | coercion, or any other unfair labor practice by the
employer. | ||||||
13 | If the Board determines that a labor organization would have | ||||||
14 | had a
majority interest but for an employer's fraud, coercion, | ||||||
15 | or unfair labor
practice, it shall designate the labor | ||||||
16 | organization as an exclusive
representative without conducting | ||||||
17 | an
election. If a hearing is necessary to resolve any issues of | ||||||
18 | representation under this Section, the Board shall conclude its | ||||||
19 | hearing process and issue a certification of the entire | ||||||
20 | appropriate unit not later than 120 days after the date the | ||||||
21 | petition was filed. The 120-day period may be extended one or | ||||||
22 | more times by the agreement of all parties to a hearing to a | ||||||
23 | date certain.
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24 | (a-6) A labor organization or an employer may file a unit | ||||||
25 | clarification petition seeking to clarify an existing | ||||||
26 | bargaining unit. The Board shall conclude its investigation, |
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1 | including any hearing process deemed necessary, and issue a | ||||||
2 | certification of clarified unit or dismiss the petition not | ||||||
3 | later than 120 days after the date the petition was filed. The | ||||||
4 | 120-day period may be extended one or more times by the | ||||||
5 | agreement of all parties to a hearing to a date certain. | ||||||
6 | (b) The Board shall decide in each case, in order to assure | ||||||
7 | public employees
the fullest freedom in exercising the rights | ||||||
8 | guaranteed by this Act, a unit
appropriate for the purpose of | ||||||
9 | collective bargaining, based upon but not
limited to such | ||||||
10 | factors as: historical pattern of recognition; community
of | ||||||
11 | interest including employee skills and functions; degree of | ||||||
12 | functional
integration; interchangeability and contact among | ||||||
13 | employees; fragmentation
of employee groups; common | ||||||
14 | supervision, wages, hours and other working
conditions of the | ||||||
15 | employees involved; and the desires of the employees.
For | ||||||
16 | purposes of this subsection, fragmentation shall not be the | ||||||
17 | sole or
predominant factor used by the Board in determining an | ||||||
18 | appropriate
bargaining unit. Except with respect to non-State | ||||||
19 | fire fighters and
paramedics employed by fire departments and | ||||||
20 | fire protection districts,
non-State peace officers and peace | ||||||
21 | officers in the State
Department of State Police, a single | ||||||
22 | bargaining unit determined by the
Board may not include both | ||||||
23 | supervisors and nonsupervisors, except for
bargaining units in | ||||||
24 | existence on the effective date of this Act. With
respect to | ||||||
25 | non-State fire fighters and paramedics employed by fire
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26 | departments and fire protection districts, non-State peace |
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1 | officers and
peace officers in the State Department of State | ||||||
2 | Police, a single bargaining
unit determined by the Board may | ||||||
3 | not include both supervisors and
nonsupervisors, except for | ||||||
4 | bargaining units in existence on the effective
date of this | ||||||
5 | amendatory Act of 1985.
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6 | In cases involving an historical pattern of recognition, | ||||||
7 | and in cases where
the employer has recognized the union as the | ||||||
8 | sole and exclusive bargaining
agent for a specified existing | ||||||
9 | unit, the Board shall find the employees
in the unit then | ||||||
10 | represented by the union pursuant to the recognition to
be the | ||||||
11 | appropriate unit.
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12 | Notwithstanding the above factors, where the majority of | ||||||
13 | public employees
of a craft so decide, the Board shall | ||||||
14 | designate such craft as a unit
appropriate for the purposes of | ||||||
15 | collective bargaining.
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16 | The Board shall not decide that any unit is appropriate if | ||||||
17 | such unit
includes both professional and nonprofessional | ||||||
18 | employees, unless a majority
of each group votes for inclusion | ||||||
19 | in such unit.
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20 | (c) Nothing in this Act shall interfere with or negate the | ||||||
21 | current
representation rights or patterns and practices of | ||||||
22 | labor organizations
which have historically represented public | ||||||
23 | employees for the purpose of
collective bargaining, including | ||||||
24 | but not limited to the negotiations of
wages, hours and working | ||||||
25 | conditions, discussions of employees' grievances,
resolution | ||||||
26 | of jurisdictional disputes, or the establishment and |
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1 | maintenance
of prevailing wage rates, unless a majority of | ||||||
2 | employees so represented
express a contrary desire pursuant to | ||||||
3 | the procedures set forth in this Act.
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4 | (d) In instances where the employer does not voluntarily | ||||||
5 | recognize a labor
organization as the exclusive bargaining | ||||||
6 | representative for a unit of
employees, the Board shall | ||||||
7 | determine the majority representative of the
public employees | ||||||
8 | in an appropriate collective bargaining unit by conducting
a | ||||||
9 | secret ballot election, except as otherwise provided in | ||||||
10 | subsection (a-5).
Within 7 days after the Board issues its
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11 | bargaining unit determination and direction of election or the | ||||||
12 | execution of
a stipulation for the purpose of a consent | ||||||
13 | election, the public employer
shall submit to the labor | ||||||
14 | organization the complete names and addresses of
those | ||||||
15 | employees who are determined by the Board to be eligible to
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16 | participate in the election. When the Board has determined that | ||||||
17 | a labor
organization has been fairly and freely chosen by a | ||||||
18 | majority of employees
in an appropriate unit, it shall certify | ||||||
19 | such organization as the exclusive
representative. If the Board | ||||||
20 | determines that a majority of employees in an
appropriate unit | ||||||
21 | has fairly and freely chosen not to be represented by a
labor | ||||||
22 | organization, it shall so certify. The Board may also revoke | ||||||
23 | the
certification of the public employee organizations as | ||||||
24 | exclusive bargaining
representatives which have been found by a | ||||||
25 | secret ballot election to be no
longer the majority | ||||||
26 | representative.
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1 | (e) The Board shall not conduct an election in any | ||||||
2 | bargaining unit or
any subdivision thereof within which a valid | ||||||
3 | election has been held in the
preceding 12-month period. The | ||||||
4 | Board shall determine who is eligible to
vote in an election | ||||||
5 | and shall establish rules governing the conduct of the
election | ||||||
6 | or conduct affecting the results of the election. The Board | ||||||
7 | shall
include on a ballot in a representation election a choice | ||||||
8 | of "no
representation". A labor organization currently | ||||||
9 | representing the bargaining
unit of employees shall be placed | ||||||
10 | on the ballot in any representation
election. In any election | ||||||
11 | where none of the choices on the ballot receives
a majority, a | ||||||
12 | runoff election shall be conducted between the 2 choices
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13 | receiving the largest number of valid votes cast in the | ||||||
14 | election. A labor
organization which receives a majority of the | ||||||
15 | votes cast in an election
shall be certified by the Board as | ||||||
16 | exclusive representative of all public
employees in the unit.
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17 | (f) A labor
organization shall be designated as the | ||||||
18 | exclusive representative by a
public employer, provided that | ||||||
19 | the labor
organization represents a majority of the public | ||||||
20 | employees in an
appropriate unit. Any employee organization | ||||||
21 | which is designated or selected
by the majority of public | ||||||
22 | employees, in a unit of the public employer
having no other | ||||||
23 | recognized or certified representative, as their
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24 | representative for purposes of collective bargaining may | ||||||
25 | request
recognition by the public employer in writing. The | ||||||
26 | public employer shall
post such request for a period of at |
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1 | least 20 days following its receipt
thereof on bulletin boards | ||||||
2 | or other places used or reserved for employee
notices.
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3 | (g) Within the 20-day period any other interested employee | ||||||
4 | organization
may petition the Board in the manner specified by | ||||||
5 | rules and regulations
of the Board, provided that such | ||||||
6 | interested employee organization has been
designated by at | ||||||
7 | least 10% of the employees in an appropriate bargaining
unit | ||||||
8 | which includes all or some of the employees in the unit | ||||||
9 | recognized
by the employer. In such event, the Board shall | ||||||
10 | proceed with the petition
in the same manner as provided by | ||||||
11 | paragraph (1) of subsection (a) of this
Section.
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12 | (h) No election shall be directed by the Board in any | ||||||
13 | bargaining unit
where there is in force a valid collective | ||||||
14 | bargaining agreement or, except in the case of fire fighter | ||||||
15 | units, after an interest arbitrator has been appointed pursuant | ||||||
16 | to the impasse resolution procedures in Section 14 of this Act . | ||||||
17 | The Board,
however, may process an election petition filed | ||||||
18 | between 90 and 60 days prior
to the expiration of the date of | ||||||
19 | an agreement, and may further refine, by
rule or decision, the | ||||||
20 | implementation of this provision.
Where more than 4 years have | ||||||
21 | elapsed since the effective date of the agreement,
the | ||||||
22 | agreement shall continue to bar an election, except that the | ||||||
23 | Board may
process an election petition filed between 90 and 60 | ||||||
24 | days prior to the end of
the fifth year of such an agreement, | ||||||
25 | and between 90 and 60 days prior to the
end of each successive | ||||||
26 | year of such agreement.
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1 | (i) An order of the Board dismissing a representation | ||||||
2 | petition,
determining and certifying that a labor organization | ||||||
3 | has been fairly and
freely chosen by a majority of employees in | ||||||
4 | an appropriate bargaining unit,
determining and certifying | ||||||
5 | that a labor organization has not been fairly
and freely chosen | ||||||
6 | by a majority of employees in the bargaining unit or
certifying | ||||||
7 | a labor organization as the exclusive representative of
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8 | employees in an appropriate bargaining unit because of a | ||||||
9 | determination by
the Board that the labor organization is the | ||||||
10 | historical bargaining
representative of employees in the | ||||||
11 | bargaining unit, is a final order. Any
person aggrieved by any | ||||||
12 | such order issued on or after the effective date of
this | ||||||
13 | amendatory Act of 1987 may apply for and obtain judicial review | ||||||
14 | in
accordance with provisions of the Administrative Review Law, | ||||||
15 | as now or
hereafter amended, except that such review shall be | ||||||
16 | afforded directly in
the Appellate Court for the district in | ||||||
17 | which the aggrieved party resides
or transacts business.
Any | ||||||
18 | direct appeal to the Appellate Court shall be filed within 35 | ||||||
19 | days from
the date that a copy of the decision sought to be | ||||||
20 | reviewed was served upon the
party affected by the decision.
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21 | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
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22 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
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23 | Sec. 14. Security Employee, Peace Officer and Fire Fighter | ||||||
24 | Disputes.
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25 | (a) In the case of collective bargaining agreements |
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1 | involving units of
security employees of a public employer, | ||||||
2 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
3 | and in the case of disputes under Section 18,
unless the | ||||||
4 | parties mutually agree to some other time limit, mediation
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5 | shall commence 30 days prior to the expiration date of such | ||||||
6 | agreement or
at such later time as the mediation services | ||||||
7 | chosen under subsection (b) of
Section 12 can be provided to | ||||||
8 | the parties. In the case of negotiations
for an initial | ||||||
9 | collective bargaining agreement, mediation shall commence
upon | ||||||
10 | 15 days notice from either party or at such later time as the
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11 | mediation services chosen pursuant to subsection (b) of Section | ||||||
12 | 12 can be
provided to the parties. In mediation under this | ||||||
13 | Section, if either party
requests the use of mediation services | ||||||
14 | from the Federal Mediation and
Conciliation Service, the other | ||||||
15 | party shall either join in such request or
bear the additional | ||||||
16 | cost of mediation services from another source. The
mediator | ||||||
17 | shall have a duty to keep the Board informed on the progress of
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18 | the mediation. If any dispute has not been resolved within 15 | ||||||
19 | days after
the first meeting of the parties and the mediator, | ||||||
20 | or within such other
time limit as may be mutually agreed upon | ||||||
21 | by the parties, either the
exclusive representative or employer | ||||||
22 | may request of the other, in writing,
arbitration, and shall | ||||||
23 | submit a copy of the request to the Board.
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24 | (b) Within 10 days after such a request for arbitration has | ||||||
25 | been
made, the employer shall choose a delegate and
the | ||||||
26 | employees' exclusive representative shall choose a delegate to |
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1 | a panel
of arbitration as provided in this Section. The | ||||||
2 | employer and employees
shall forthwith advise the other and the | ||||||
3 | Board of their selections.
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4 | (c) Within 7 days after the request of either party, the | ||||||
5 | parties shall request a panel of impartial arbitrators from | ||||||
6 | which they shall select the neutral chairman according to the | ||||||
7 | procedures provided in this Section. If the parties have agreed | ||||||
8 | to a contract that contains a grievance resolution procedure as | ||||||
9 | provided in Section 8, the chairman shall be selected using | ||||||
10 | their agreed contract procedure unless they mutually agree to | ||||||
11 | another procedure. If the parties fail to notify the Board of | ||||||
12 | their selection of neutral chairman within 7 days after receipt | ||||||
13 | of the list of impartial arbitrators, the Board shall appoint, | ||||||
14 | at random, a neutral chairman from the list. In the absence of | ||||||
15 | an agreed contract procedure for selecting an impartial | ||||||
16 | arbitrator, either party may request a panel from the Board. | ||||||
17 | Notwithstanding the preceding paragraph in this subsection | ||||||
18 | (c), for peace officer units and security employee units only, | ||||||
19 | within 7 calendar days after the request by either party to | ||||||
20 | proceed to arbitration, the parties shall request from the | ||||||
21 | Board a panel of arbitrators from which the parties shall | ||||||
22 | select the neutral chairman, unless the parties have mutually | ||||||
23 | agreed upon an arbitrator or have negotiated a contract | ||||||
24 | procedure for selecting an impartial interest arbitrator. | ||||||
25 | Within 7 days of the request of either party, the Board | ||||||
26 | shall select
from the Public Employees Labor Mediation Roster 7 |
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1 | persons who are on the
labor arbitration panels of either the | ||||||
2 | American Arbitration Association or
the Federal Mediation and | ||||||
3 | Conciliation Service, or who are members of the
National | ||||||
4 | Academy of Arbitrators, as nominees for
impartial arbitrator of | ||||||
5 | the arbitration panel. The parties may select an
individual on | ||||||
6 | the list provided by the Board or any other individual
mutually | ||||||
7 | agreed upon by the parties. Within 7 days following the receipt
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8 | of the list, the parties shall notify the Board of the person | ||||||
9 | they have
selected. Unless the parties agree on an alternate | ||||||
10 | selection procedure,
they shall alternatively strike one name | ||||||
11 | from the list provided by the
Board until only one name | ||||||
12 | remains. A coin toss shall determine which party
shall strike | ||||||
13 | the first name. If both the parties fail to notify the Board in | ||||||
14 | a
timely manner of their selection for neutral chairman, the | ||||||
15 | Board shall
appoint a neutral chairman from the Illinois Public | ||||||
16 | Employees
Mediation/Arbitration Roster. If, however, the | ||||||
17 | failure to notify the Board of a mutual selection for the | ||||||
18 | neutral chairman is due to one party's failure to timely | ||||||
19 | participate in the selection process, the party who was | ||||||
20 | prepared to participate in a timely selection may notify the | ||||||
21 | Board of its willingness to select an arbitrator from the | ||||||
22 | panel. Under such circumstances, the Board, after waiting 7 | ||||||
23 | days after the receipt of the panel by the non-participating | ||||||
24 | party, shall appoint as the neutral chairman the arbitrator | ||||||
25 | from the panel chosen solely by the party who was prepared to | ||||||
26 | participate in a timely selection.
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1 | (d) The chairman shall call a hearing to begin within 15 | ||||||
2 | days and give
reasonable notice of the time and place of the | ||||||
3 | hearing. The hearing
shall be held at the offices of the Board | ||||||
4 | or at such other location as the
Board deems appropriate. The | ||||||
5 | chairman shall preside over the hearing and
shall take | ||||||
6 | testimony. Any oral or documentary evidence and other data
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7 | deemed relevant by the arbitration panel may be received in | ||||||
8 | evidence. The
proceedings shall be informal. Technical rules of | ||||||
9 | evidence shall not apply
and the competency of the evidence | ||||||
10 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
11 | proceedings shall be made and the arbitrator shall
arrange for | ||||||
12 | the necessary recording service. Transcripts may be ordered at
| ||||||
13 | the expense of the party ordering them, but the transcripts | ||||||
14 | shall not be
necessary for a decision by the arbitration panel. | ||||||
15 | The expense of the
proceedings, including a fee for the | ||||||
16 | chairman, shall be borne equally by each of the parties to the | ||||||
17 | dispute.
The delegates, if public officers or employees, shall | ||||||
18 | continue on the
payroll of the public employer without loss of | ||||||
19 | pay. The hearing conducted
by the arbitration panel may be | ||||||
20 | adjourned from time to time, but unless
otherwise agreed by the | ||||||
21 | parties, shall be concluded within 30 days of the
time of its | ||||||
22 | commencement. Majority actions and rulings shall constitute
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23 | the actions and rulings of the arbitration panel. Arbitration | ||||||
24 | proceedings
under this Section shall not be interrupted or | ||||||
25 | terminated by reason of any
unfair labor practice charge filed | ||||||
26 | by either party at any time.
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1 | (e) The arbitration panel may administer oaths, require the | ||||||
2 | attendance
of witnesses, and the production of such books, | ||||||
3 | papers, contracts, agreements
and documents as may be deemed by | ||||||
4 | it material to a just determination of
the issues in dispute, | ||||||
5 | and for such purpose may issue subpoenas. If any
person refuses | ||||||
6 | to obey a subpoena, or refuses to be sworn or to testify,
or if | ||||||
7 | any witness, party or attorney is guilty of any contempt while | ||||||
8 | in
attendance at any hearing, the arbitration panel may, or the | ||||||
9 | attorney general
if requested shall, invoke the aid of any | ||||||
10 | circuit court within the jurisdiction
in which the hearing is | ||||||
11 | being held, which court shall issue an appropriate
order. Any | ||||||
12 | failure to obey the order may be punished by the court as | ||||||
13 | contempt.
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14 | (f) At any time before the rendering of an award, the | ||||||
15 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
16 | it would be useful or
beneficial to do so, may remand the | ||||||
17 | dispute to the parties for further
collective bargaining for a | ||||||
18 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
19 | further collective bargaining the time provisions of this
Act | ||||||
20 | shall be extended for a time period equal to that of the | ||||||
21 | remand. The
chairman of the panel of arbitration shall notify | ||||||
22 | the Board of the remand.
| ||||||
23 | (g) At or before the conclusion of the hearing held | ||||||
24 | pursuant to subsection
(d), the arbitration panel shall | ||||||
25 | identify the economic issues in dispute,
and direct each of the | ||||||
26 | parties to submit, within such time limit as the
panel shall |
| |||||||
| |||||||
1 | prescribe, to the arbitration panel and to each other its last
| ||||||
2 | offer of settlement on each economic issue. The determination | ||||||
3 | of the
arbitration panel as to the issues in dispute and as to | ||||||
4 | which of these
issues are economic shall be conclusive. The | ||||||
5 | arbitration panel, within 30
days after the conclusion of the | ||||||
6 | hearing, or such further additional
periods to which the | ||||||
7 | parties may agree, shall make written findings of fact
and | ||||||
8 | promulgate a written opinion and shall mail or otherwise | ||||||
9 | deliver a true
copy thereof to the parties and their | ||||||
10 | representatives and to the Board. As
to each economic issue, | ||||||
11 | the arbitration panel shall adopt the last offer of
settlement | ||||||
12 | which, in the opinion of the arbitration panel, more nearly
| ||||||
13 | complies with the applicable factors prescribed in subsection | ||||||
14 | (h). The
findings, opinions and order as to all other issues | ||||||
15 | shall be based upon the
applicable factors prescribed in | ||||||
16 | subsection (h).
| ||||||
17 | (h) Where there is no agreement between the parties, or | ||||||
18 | where there is
an agreement but the parties have begun | ||||||
19 | negotiations or discussions looking
to a new agreement or | ||||||
20 | amendment of the existing agreement, and wage rates
or other | ||||||
21 | conditions of employment under the proposed new or amended | ||||||
22 | agreement
are in dispute, the arbitration panel shall base its | ||||||
23 | findings, opinions
and order upon the following factors, as | ||||||
24 | applicable:
| ||||||
25 | (1) The lawful authority of the employer.
| ||||||
26 | (2) Stipulations of the parties.
|
| |||||||
| |||||||
1 | (3) The interests and welfare of the public and the | ||||||
2 | financial ability
of the unit of government to meet those | ||||||
3 | costs.
| ||||||
4 | (4) Comparison of the wages, hours and conditions of | ||||||
5 | employment of the
employees involved in the arbitration | ||||||
6 | proceeding with the wages, hours and
conditions of | ||||||
7 | employment of other employees performing similar services
| ||||||
8 | and with other employees generally:
| ||||||
9 | (A) In public employment in comparable | ||||||
10 | communities.
| ||||||
11 | (B) In private employment in comparable | ||||||
12 | communities.
| ||||||
13 | (5) The average consumer prices for goods and services, | ||||||
14 | commonly known
as the cost of living.
| ||||||
15 | (6) The overall compensation presently received by the | ||||||
16 | employees,
including
direct wage compensation, vacations, | ||||||
17 | holidays and other excused time, insurance
and pensions, | ||||||
18 | medical and hospitalization benefits, the continuity and
| ||||||
19 | stability of employment and all other benefits received.
| ||||||
20 | (7) Changes in any of the foregoing circumstances | ||||||
21 | during the pendency
of the arbitration proceedings.
| ||||||
22 | (8) Such other factors, not confined to the foregoing, | ||||||
23 | which are normally
or traditionally taken into | ||||||
24 | consideration in the determination of wages,
hours and | ||||||
25 | conditions of employment through voluntary collective | ||||||
26 | bargaining,
mediation, fact-finding, arbitration or |
| |||||||
| |||||||
1 | otherwise between the parties, in
the public service or in | ||||||
2 | private employment.
| ||||||
3 | (i) In the case of peace officers, the arbitration decision | ||||||
4 | shall be
limited to wages, hours, and conditions of employment | ||||||
5 | (which may include
residency requirements in municipalities | ||||||
6 | with a population under 1,000,000, but
those residency | ||||||
7 | requirements shall not allow residency outside of Illinois)
and | ||||||
8 | shall not include
the following: i) residency requirements in | ||||||
9 | municipalities with a population
of at least 1,000,000; ii) the | ||||||
10 | type of equipment, other
than uniforms, issued or used; iii) | ||||||
11 | manning; iv) the total number of
employees employed by the | ||||||
12 | department; v) mutual aid and assistance
agreements to other | ||||||
13 | units of government; and vi) the criterion pursuant to
which | ||||||
14 | force, including deadly force, can be used; provided, nothing | ||||||
15 | herein
shall preclude an arbitration decision regarding | ||||||
16 | equipment or manning
levels if such decision is based on a | ||||||
17 | finding that the equipment or manning
considerations in a | ||||||
18 | specific work assignment involve a serious risk to the
safety | ||||||
19 | of a peace officer beyond that which is inherent in the normal
| ||||||
20 | performance of police duties. Limitation of the terms of the | ||||||
21 | arbitration
decision pursuant to this subsection shall not be | ||||||
22 | construed to limit the
factors upon which the decision may be | ||||||
23 | based, as set forth in subsection (h).
| ||||||
24 | In the case of fire fighter, and fire department or fire | ||||||
25 | district paramedic
matters, the arbitration decision shall be | ||||||
26 | limited to wages, hours, and
conditions of employment (which |
| |||||||
| |||||||
1 | may include residency requirements in
municipalities with a | ||||||
2 | population under 1,000,000, but those residency
requirements | ||||||
3 | shall not allow residency outside of Illinois) and shall not
| ||||||
4 | include the
following matters: i) residency requirements in | ||||||
5 | municipalities with a
population of at least 1,000,000; ii) the | ||||||
6 | type of equipment (other than
uniforms and fire fighter turnout | ||||||
7 | gear) issued or used; iii) the total
number of employees | ||||||
8 | employed by the department; iv) mutual aid and
assistance | ||||||
9 | agreements to other units of government; and v) the criterion
| ||||||
10 | pursuant to which force, including deadly force, can be used; | ||||||
11 | provided,
however, nothing herein shall preclude an | ||||||
12 | arbitration decision regarding
equipment levels if such | ||||||
13 | decision is based on a finding that the equipment
| ||||||
14 | considerations in a specific work assignment involve a serious | ||||||
15 | risk to the
safety of a fire fighter beyond that which is | ||||||
16 | inherent in the normal
performance of fire fighter duties. | ||||||
17 | Limitation of the terms of the
arbitration decision pursuant to | ||||||
18 | this subsection shall not be construed to
limit the facts upon | ||||||
19 | which the decision may be based, as set forth in
subsection | ||||||
20 | (h).
| ||||||
21 | The changes to this subsection (i) made by Public Act | ||||||
22 | 90-385 (relating to residency requirements) do not
apply to | ||||||
23 | persons who are employed by a combined department that performs | ||||||
24 | both
police and firefighting services; these persons shall be | ||||||
25 | governed by the
provisions of this subsection (i) relating to | ||||||
26 | peace officers, as they existed
before the amendment by Public |
| |||||||
| |||||||
1 | Act 90-385.
| ||||||
2 | To preserve historical bargaining rights, this subsection | ||||||
3 | shall not apply
to any provision of a fire fighter collective | ||||||
4 | bargaining agreement in effect
and applicable on the effective | ||||||
5 | date of this Act; provided, however, nothing
herein shall | ||||||
6 | preclude arbitration with respect to any such provision.
| ||||||
7 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
8 | by the
filing of a letter requesting mediation as required | ||||||
9 | under subsection (a)
of this Section. The commencement of a new | ||||||
10 | municipal fiscal year after the
initiation of arbitration | ||||||
11 | procedures under this Act, but before the
arbitration decision, | ||||||
12 | or its enforcement, shall not be deemed to render a
dispute | ||||||
13 | moot, or to otherwise impair the jurisdiction or authority of | ||||||
14 | the
arbitration panel or its decision. Increases in rates
of | ||||||
15 | compensation awarded by the arbitration panel may be effective | ||||||
16 | only at
the start of the fiscal year next commencing after the | ||||||
17 | date of the arbitration
award. If a new fiscal year has | ||||||
18 | commenced either since the initiation of
arbitration | ||||||
19 | procedures under this Act or since any mutually agreed
| ||||||
20 | extension of the statutorily required period of mediation
under | ||||||
21 | this Act by the parties to the labor dispute causing a
delay in | ||||||
22 | the initiation of arbitration, the foregoing limitations shall | ||||||
23 | be
inapplicable, and such awarded increases may be retroactive | ||||||
24 | to the
commencement of the fiscal year, any other statute or | ||||||
25 | charter provisions to
the contrary, notwithstanding. At any | ||||||
26 | time the parties, by stipulation, may
amend or modify an award |
| |||||||
| |||||||
1 | of arbitration.
| ||||||
2 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
3 | upon
appropriate petition by either the public employer or the | ||||||
4 | exclusive
bargaining representative, by the circuit court for | ||||||
5 | the county in which the
dispute arose or in which a majority of | ||||||
6 | the affected employees reside, but
only for reasons that the | ||||||
7 | arbitration panel was without or exceeded its
statutory | ||||||
8 | authority; the order is arbitrary, or capricious; or the order
| ||||||
9 | was procured by fraud, collusion or other similar and unlawful | ||||||
10 | means. Such
petitions for review must be filed with the | ||||||
11 | appropriate circuit court
within 90 days following the issuance | ||||||
12 | of the arbitration order. The
pendency of such proceeding for | ||||||
13 | review shall not automatically stay the
order of the | ||||||
14 | arbitration panel. The party against whom the final decision
of | ||||||
15 | any such court shall be adverse, if such court finds such | ||||||
16 | appeal or
petition to be frivolous, shall pay reasonable | ||||||
17 | attorneys' fees and costs to
the successful party as determined | ||||||
18 | by said court in its discretion. If said
court's decision | ||||||
19 | affirms the award of money, such award, if retroactive,
shall | ||||||
20 | bear interest at the rate of 12 percent per annum from the | ||||||
21 | effective
retroactive date.
| ||||||
22 | (l) During the pendency of proceedings before the | ||||||
23 | arbitration panel,
existing wages, hours, and other conditions | ||||||
24 | of employment shall not be
changed by action of either party | ||||||
25 | without the consent of the other but a
party may so consent | ||||||
26 | without prejudice to his rights or position under
this Act. The |
| |||||||
| |||||||
1 | proceedings are deemed to be pending before the arbitration
| ||||||
2 | panel upon the initiation of arbitration procedures under this | ||||||
3 | Act.
| ||||||
4 | (m) Security officers of public employers, and Peace | ||||||
5 | Officers, Fire
Fighters and fire department and fire protection | ||||||
6 | district paramedics,
covered by this Section may not withhold | ||||||
7 | services, nor may public employers
lock out or prevent such | ||||||
8 | employees from performing services at any time.
| ||||||
9 | (n) All of the terms decided upon by the arbitration panel | ||||||
10 | shall be included
in an agreement to be submitted to the public | ||||||
11 | employer's governing body
for ratification and adoption by law, | ||||||
12 | ordinance or the equivalent
appropriate means.
| ||||||
13 | The governing body shall review each term decided by the | ||||||
14 | arbitration panel.
If the governing body fails to reject one or | ||||||
15 | more terms of the
arbitration panel's decision by a 3/5 vote of | ||||||
16 | those duly elected and
qualified members of the governing body, | ||||||
17 | within 20 days of issuance, or
in the case of firefighters | ||||||
18 | employed by a state university, at the next
regularly scheduled | ||||||
19 | meeting of the governing body after issuance, such
term or | ||||||
20 | terms shall become a part of the collective bargaining | ||||||
21 | agreement of
the parties. If the governing body affirmatively | ||||||
22 | rejects one or more terms
of the arbitration panel's decision, | ||||||
23 | it must provide reasons for such
rejection with respect to each | ||||||
24 | term so rejected, within 20 days of such
rejection and the | ||||||
25 | parties shall return to the arbitration panel
for further | ||||||
26 | proceedings and issuance of a supplemental decision with |
| |||||||
| |||||||
1 | respect
to the rejected terms. Any supplemental decision by an | ||||||
2 | arbitration panel
or other decision maker agreed to by the | ||||||
3 | parties shall be submitted to
the governing body for | ||||||
4 | ratification and adoption in accordance with the
procedures and | ||||||
5 | voting requirements set forth in this Section.
The voting | ||||||
6 | requirements of this subsection shall apply to all disputes
| ||||||
7 | submitted to arbitration pursuant to this Section | ||||||
8 | notwithstanding any
contrary voting requirements contained in | ||||||
9 | any existing collective
bargaining agreement between the | ||||||
10 | parties.
| ||||||
11 | (o) If the governing body of the employer votes to reject | ||||||
12 | the panel's
decision, the parties shall return to the panel | ||||||
13 | within 30 days from the
issuance of the reasons for rejection | ||||||
14 | for further proceedings and issuance
of a supplemental | ||||||
15 | decision. All reasonable costs of such supplemental
proceeding | ||||||
16 | including the exclusive representative's reasonable attorney's
| ||||||
17 | fees, as established by the Board, shall be paid by the | ||||||
18 | employer.
| ||||||
19 | (p) Notwithstanding the provisions of this Section the | ||||||
20 | employer and
exclusive representative may agree to submit | ||||||
21 | unresolved disputes concerning
wages, hours, terms and | ||||||
22 | conditions of employment to an alternative form of
impasse | ||||||
23 | resolution.
| ||||||
24 | (Source: P.A. 98-535, eff. 1-1-14.)
| ||||||
25 | Section 10. The Minimum Wage Law is amended by changing |
| |||||||
| |||||||
1 | Section 4a as follows:
| ||||||
2 | (820 ILCS 105/4a) (from Ch. 48, par. 1004a)
| ||||||
3 | Sec. 4a. (1) Except as otherwise provided in this Section, | ||||||
4 | no employer
shall employ any of his employees for a workweek of | ||||||
5 | more than 40 hours
unless such employee receives compensation | ||||||
6 | for his employment in excess of
the hours above specified at a | ||||||
7 | rate not less than 1 1/2 times the regular
rate at which he is | ||||||
8 | employed.
| ||||||
9 | (2) The provisions of subsection (1) of this Section are | ||||||
10 | not applicable to:
| ||||||
11 | A. Any salesman or mechanic primarily engaged in | ||||||
12 | selling or servicing
automobiles, trucks or farm | ||||||
13 | implements, if he is employed by a nonmanufacturing
| ||||||
14 | establishment primarily engaged in the business of selling | ||||||
15 | such vehicles
or implements to ultimate purchasers.
| ||||||
16 | B. Any salesman primarily engaged in selling trailers, | ||||||
17 | boats, or aircraft,
if he is employed by a nonmanufacturing | ||||||
18 | establishment primarily engaged
in the business of selling | ||||||
19 | trailers, boats, or aircraft to ultimate purchasers.
| ||||||
20 | C. Any employer of agricultural labor, with respect to | ||||||
21 | such
agricultural employment.
| ||||||
22 | D. Any employee of a governmental body excluded from | ||||||
23 | the definition of "employee" under paragraph (e)(2)(C) of | ||||||
24 | Section 3 of the Federal Fair Labor Standards Act of 1938.
| ||||||
25 | E. Any employee employed in a bona fide executive, |
| |||||||
| |||||||
1 | administrative or
professional capacity, including any | ||||||
2 | radio or television announcer, news
editor, or chief | ||||||
3 | engineer, as defined by or covered by the Federal Fair
| ||||||
4 | Labor Standards Act
of 1938 and the rules adopted under
| ||||||
5 | that Act , as both exist on March 30, 2003, but compensated
| ||||||
6 | at the amount of salary specified in subsections (a) and
| ||||||
7 | (b) of Section 541.600 of Title 29 of the Code of Federal
| ||||||
8 | Regulations as proposed in the Federal Register on March
| ||||||
9 | 31, 2003 or a greater amount of salary as may be adopted by
| ||||||
10 | the United States Department of Labor . For bona fide | ||||||
11 | executive,
administrative, and professional employees of | ||||||
12 | not-for-profit corporations,
the Director may, by | ||||||
13 | regulation, adopt a weekly wage rate standard lower
than | ||||||
14 | that provided for executive, administrative, and | ||||||
15 | professional
employees covered under the Fair Labor | ||||||
16 | Standards Act of 1938, as now or
hereafter amended.
| ||||||
17 | F. Any commissioned employee as described in paragraph | ||||||
18 | (i) of Section
7 of the Federal Fair Labor Standards Act of | ||||||
19 | 1938 and rules and regulations
promulgated thereunder, as | ||||||
20 | now or hereafter amended.
| ||||||
21 | G. Any employment of an employee in the stead of | ||||||
22 | another employee of the
same employer pursuant to a | ||||||
23 | worktime exchange agreement between employees.
| ||||||
24 | H. Any employee of a not-for-profit educational or | ||||||
25 | residential child care
institution who (a) on a daily basis | ||||||
26 | is directly involved in educating or
caring for children |
| |||||||
| |||||||
1 | who (1) are orphans, foster children, abused,
neglected or | ||||||
2 | abandoned children, or are otherwise homeless children
and | ||||||
3 | (2) reside in residential facilities of the institution and | ||||||
4 | (b) is
compensated at an annual rate of not less than | ||||||
5 | $13,000 or, if the employee
resides in such facilities and | ||||||
6 | receives without cost board and lodging from
such | ||||||
7 | institution, not less than $10,000.
| ||||||
8 | I. Any employee employed as a crew member of any | ||||||
9 | uninspected towing
vessel, as defined by Section 2101(40) | ||||||
10 | of Title 46 of the United States Code,
operating in any | ||||||
11 | navigable waters in or along the boundaries of the State of
| ||||||
12 | Illinois.
| ||||||
13 | (3) Any employer may employ any employee for a period or | ||||||
14 | periods of not
more than 10 hours in the aggregate in any | ||||||
15 | workweek in excess of the maximum
hours specified in subsection | ||||||
16 | (1) of this Section without paying the
compensation for | ||||||
17 | overtime employment prescribed in subsection (1) if during
that | ||||||
18 | period or periods the employee is receiving remedial education | ||||||
19 | that:
| ||||||
20 | (a) is provided to employees who lack a high school | ||||||
21 | diploma or educational
attainment at the eighth grade | ||||||
22 | level;
| ||||||
23 | (b) is designed to provide reading and other basic | ||||||
24 | skills at an eighth
grade level or below; and
| ||||||
25 | (c) does not include job specific training. | ||||||
26 | (4) A governmental body is not in violation of subsection |
| |||||||
| |||||||
1 | (1) if the governmental body provides compensatory time | ||||||
2 | pursuant to paragraph (o) of Section 7 of the Federal Fair | ||||||
3 | Labor Standards Act of 1938, as now or hereafter amended, or is | ||||||
4 | engaged in fire protection or law enforcement activities and | ||||||
5 | meets the requirements of paragraph (k) of Section 7 or | ||||||
6 | paragraph (b)(20) of Section 13 of the Federal Fair Labor | ||||||
7 | Standards Act of 1938, as now or hereafter amended.
| ||||||
8 | (Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04 .)".
|