There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 115 Educational Labor Relations 115 ILCS 5/ Illinois Educational Labor Relations Act.
(115 ILCS 5/1) (from Ch. 48, par. 1701)
Sec. 1.
Policy.
It is the public policy of this State and the purpose
of this Act to promote orderly and constructive relationships between all
educational employees and their employers. Unresolved disputes between the
educational employees and their employers are injurious to the public, and
the General Assembly is therefore aware that adequate means must be established
for minimizing them and providing for their resolution.
It is the purpose of this Act to regulate labor relations between
educational employers and educational employees, including the designation
of educational employee representatives, negotiation of wages, hours and
other conditions of employment and resolution of disputes arising under
collective bargaining agreements. The General Assembly recognizes that
substantial differences exist between educational employees and other
public employees as a result of the uniqueness of the educational work
calendar and educational work duties and the traditional and historical
patterns of collective bargaining between educational employers and
educational employees and that such differences demand statutory regulation
of collective bargaining between educational employers and educational
employees in a manner that recognizes these differences. Recognizing that
harmonious relationships are required between educational employees and
their employers, the General Assembly has determined that the overall policy
may best be accomplished by (a) granting to educational employees the right
to organize and choose freely their representatives; (b) requiring educational
employers to negotiate and bargain with employee organizations representing
educational employees and to enter into written agreements evidencing the
result of such bargaining; and (c) establishing procedures to provide for
the protection of the rights of the educational employee, the educational
employer and the public.
(Source: P.A. 83‑1014.)
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(115 ILCS 5/3) (from Ch. 48, par. 1703)
Sec. 3.
Employee rights.
(a) It shall be lawful for educational employees
to organize, form, join, or assist in employee organizations or engage in
lawful concerted activities for the purpose of collective bargaining or
other mutual aid and protection or bargain collectively through representatives
of their own free choice and, except as provided in Section 11, such employees
shall also have the right to refrain from any or all such activities.
(b) Representatives selected by educational employees in a unit appropriate
for collective bargaining purposes shall be the exclusive representative
of all the employees in such unit to
bargain on wages, hours, terms and conditions of employment. However,
any individual employee or a group of employees may at any time present
grievances to their employer and have them adjusted without the intervention
of the bargaining representative as long as the adjustment is not inconsistent
with the terms of a collective bargaining agreement then in effect, provided
that the bargaining representative has been given an opportunity to be present
at such adjustment.
(Source: P.A. 83‑1014.)
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(115 ILCS 5/4) (from Ch. 48, par. 1704)
Sec. 4.
Employer rights.
Employers shall not be required to bargain over matters of inherent
managerial policy, which shall include such areas of discretion or policy
as the functions of the employer, standards of services, its overall
budget, the organizational structure and selection of new employees and
direction of employees. Employers, however, shall be required to bargain
collectively with regard to policy matters directly affecting wages, hours
and terms and conditions of employment as well as the impact thereon upon
request by employee representatives. To preserve the rights of employers
and exclusive representatives which have established collective bargaining
relationships or negotiated collective bargaining agreements prior to the
effective date of this Act, employers shall be required to bargain
collectively with regard to any matter concerning wages, hours or
conditions of employment about which they have bargained for and agreed to
in a collective bargaining agreement prior to the effective date of this Act.
(Source: P.A. 83‑1014.)
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(115 ILCS 5/4.5)
Sec. 4.5.
Subjects of collective bargaining.
(a) Notwithstanding the existence of any other provision in this Act or
other law, collective bargaining between an educational employer whose
territorial boundaries are coterminous with those of a city having a population
in
excess of 500,000 and an exclusive representative of its employees may
include any of the following
subjects:
(1) (Blank).
(2) Decisions to contract with a third party for one | ||
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(3) Decisions to layoff or reduce in force employees.
(4) Decisions to determine class size, class | ||
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(5) Decisions concerning use and staffing of | ||
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(b) The subject or matters described in subsection (a) are permissive
subjects of bargaining between an educational employer and an exclusive
representative of its employees and, for the purpose of this Act, are within
the sole
discretion of the educational employer to decide
to bargain, provided that the educational employer is required to bargain
over the impact of a decision concerning such subject or matter on the
bargaining unit upon request by the exclusive representative. During
this bargaining, the educational employer shall not be precluded from
implementing its decision. If, after a reasonable period of bargaining, a
dispute or impasse exists between the educational employer and the
exclusive representative, the dispute or impasse shall be resolved exclusively
as set
forth in subsection (b) of Section 12 of this Act in lieu of a strike under
Section 13 of this Act.
(c) A provision in a collective bargaining agreement that was rendered
null
and void
because it involved a
prohibited subject of collective bargaining
under this subsection (c) as this subsection (c) existed before the effective
date of
this amendatory Act of the 93rd General Assembly
remains null and void and
shall not otherwise be reinstated in any successor agreement unless the
educational employer and exclusive representative otherwise agree to
include an agreement reached on a subject or matter described in
subsection (a) of this Section as subsection (a) existed before this amendatory
Act of
the 93rd General Assembly.
(Source: P.A. 93‑3, eff. 4‑16‑03.)
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(115 ILCS 5/5) (from Ch. 48, par. 1705)
Sec. 5.
Illinois Educational Labor Relations Board.
(a) There is hereby created the Illinois Educational Labor Relations
Board.
(a‑5) Until July 1, 2003 or when all of the new members to be initially
appointed under this amendatory Act of the 93rd General Assembly have been
appointed by the Governor, whichever occurs later, the Illinois Educational
Labor Relations Board shall consist of 7 members, no more
than 4 of whom may be of the same political party, who are residents of
Illinois appointed by the Governor with the advice and consent of the Senate.
The term of each appointed member of the Board
who is in office on June 30, 2003 shall terminate at the close of business
on that date or when all of the new members to be initially appointed under
this amendatory Act of the 93rd General Assembly have been appointed by the
Governor, whichever occurs later.
(b) Beginning on July 1, 2003 or when all of the new members to be
initially appointed under this amendatory Act of the 93rd General Assembly
have been appointed by the Governor, whichever occurs later, the Illinois
Educational Labor Relations Board shall consist of 5 members appointed by
the Governor with the advice and consent of the Senate. No more than 3
members may be of the same political party.
The Governor shall appoint to the Board only persons who are residents of
Illinois and have had a minimum of 5 years of experience directly related
to labor and employment relations in representing educational employers or
educational employees in collective bargaining matters. One appointed member
shall be designated at the time of his or her appointment to serve as chairman.
Of the initial members appointed pursuant to this
amendatory Act of the 93rd General Assembly, 2 shall be
designated at the time of appointment to serve a term of 6
years, 2 shall be designated at the time of appointment to serve a term
of 4 years, and the other shall be designated at the time of his or her
appointment to serve a term of 4 years, with each to serve until his or her
successor is appointed and qualified.
Each subsequent member shall be appointed in like manner for a term
of 6 years and until his or her successor is appointed and qualified. Each
member of the Board is eligible for reappointment. Vacancies shall be filled
in the same manner as original appointments for the balance of the unexpired
term.
(c) The chairman shall be paid $50,000 per year, or an amount set by
the Compensation Review Board, whichever is greater. Other members of
the Board shall each be paid $45,000 per year, or an amount set by the
Compensation Review Board, whichever is greater. They shall be entitled
to reimbursement for necessary traveling and other official expenditures
necessitated by their official duties.
Each member shall devote his entire time to the duties of the office,
and shall hold no other office or position of profit, nor engage in any
other business, employment or vocation.
(d) Three members of the Board constitute a quorum and a
vacancy on the Board does not impair the right of the remaining members to
exercise all of the powers of the Board.
(e) Any member of the Board may be removed by the Governor, upon notice,
for neglect of duty or malfeasance in office, but for no other cause.
(f) The Board may appoint or employ an executive director, attorneys,
hearing officers, and such other employees as it deems necessary to perform
its functions. The Board shall prescribe the duties and qualifications of
such persons appointed and, subject to the annual appropriation, fix their
compensation and provide for reimbursement of actual and necessary expenses
incurred in the performance of their duties.
(g) The Board may promulgate rules and regulations which allow parties
in proceedings before the Board to be represented by counsel or any other
person knowledgeable in the matters under consideration.
(h) To accomplish the objectives and to carry out the duties prescribed
by this Act, the Board may subpoena witnesses, subpoena the production of
books, papers, records and documents which may be needed as evidence on
any matter under inquiry and may administer oaths and affirmations.
In cases of neglect or refusal to obey a subpoena issued to any person,
the circuit court in the county in which the investigation or the public
hearing is taking place, upon application by the Board, may issue an order
requiring such person to appear before the Board or any member or agent
of the Board to produce evidence or give testimony. A failure to obey such
order may be punished by the court as in civil contempt.
Any subpoena, notice of hearing, or other process or notice of the Board
issued under the provisions of this Act may be served personally, by
registered mail or by leaving a copy at the principal office of the respondent
required to be served. A return, made and verified by the individual making
such service and setting forth the manner of such service, is proof of
service.
A post office receipt, when registered mail is used, is proof of service.
All process of any court to which application may be made under the provisions
of this Act may be served in the county where the persons required to be
served reside or may be found.
(i) The Board shall adopt, promulgate, amend, or rescind rules and
regulations in accordance with the Illinois Administrative
Procedure Act as it deems necessary and
feasible to carry out this Act.
(j) The Board at the end of every State fiscal year shall make a report in
writing to the Governor and the General Assembly, stating in detail the work
it has done in hearing and deciding cases and otherwise.
(Source: P.A. 93‑509, eff. 8‑11‑03.)
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(115 ILCS 5/6) (from Ch. 48, par. 1706)
Sec. 6.
Illinois Educational Labor Mediation Roster.
The Board shall
establish an Illinois Educational Labor Mediation Roster, the services of which
are available to the educational employer and to labor organizations for
purposes of arbitration of grievances and mediation or arbitration of contract
disputes. The members of the roster shall be qualified impartial individuals
who are not employees of the Board.
(Source: P.A. 83‑1014.)
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(115 ILCS 5/7) (from Ch. 48, par. 1707)
(Text of Section from P.A. 93‑444)
Sec. 7.
Recognition of exclusive bargaining representatives ‑ unit
determination. The Board is empowered to administer the
recognition of bargaining representatives of employees of public school
districts, including employees of districts which have entered into joint
agreements, or employees of public community college districts, or any
State college or university, and any State agency whose major function is
providing educational services, making certain that each bargaining unit
contains employees with an identifiable community of interest and that no unit
includes both professional employees and nonprofessional employees unless a
majority of employees in each group vote for inclusion in the unit.
(a) In determining the appropriateness of a unit, the Board
shall decide in each case, in order to ensure employees the fullest freedom
in exercising the rights guaranteed by this Act, the unit appropriate for
the purpose of collective bargaining, based upon but not limited to such
factors as historical pattern of recognition, community of interest, including
employee skills and functions, degree of functional integration,
interchangeability and contact among employees, common supervision, wages,
hours and other working conditions of the employees involved, and the desires
of the employees. Nothing in this Act, except as herein provided, shall
interfere with or negate the
current representation rights or patterns and practices of employee
organizations which have historically represented employees for the purposes of
collective bargaining, including but not limited to the negotiations of wages,
hours and working conditions, resolutions of employees' grievances, or
resolution of jurisdictional disputes, or the establishment and maintenance of
prevailing wage rates, unless a majority of the employees so represented
expresses a contrary desire under the procedures set forth in this Act. This
Section, however, does not prohibit multi‑unit bargaining. Notwithstanding the
above factors, where the majority of public employees of a craft so decide, the
Board shall designate such craft as a unit appropriate for the purposes of
collective bargaining.
The sole appropriate bargaining unit for academic faculty at the University
of Illinois shall be a unit that is comprised of non‑supervisory academic
faculty employed more than half‑time and that includes all tenured,
tenure‑track, and nontenure‑track faculty employed by the board of trustees of
that University in all of its undergraduate, graduate, and professional schools
and degree and non‑degree programs, regardless of current or historical
representation rights or patterns or the application of any other factors. Any
decision, rule, or regulation, promulgated by the Board to the contrary shall
be null and void.
(b) An educational employer shall voluntarily recognize a labor
organization
for collective bargaining purposes if that organization appears to represent
a majority of employees in the unit. The employer shall post notice
of its intent to so recognize for a period of at least 20 school days on
bulletin boards or other places used or reserved for employee notices.
Thereafter, the employer, if satisfied as to the majority status of the
employee organization, shall send written notification of such recognition
to the Board for certification. Any dispute regarding the majority status of
a labor organization shall be
resolved by the Board which shall make the determination of majority
status.
Within the 20 day notice period, however, any other interested employee
organization may petition the Board to seek recognition as the exclusive
representative of the unit in the manner specified by rules and regulations
prescribed by the Board, if such interested employee organization has been
designated by at least 15% of the employees in an appropriate bargaining unit
which includes all or some of the employees in the unit intended to be
recognized by the employer. In such event, the Board shall proceed with the
petition in the same manner as provided in paragraph (c) of this Section.
(c) A labor organization may also gain recognition as the exclusive
representative by an election of the employees in the unit. Petitions
requesting an election may be filed with the Board:
(1) by an employee or group of employees or any | ||
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(2) by an employer alleging that one or more labor | ||
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The Board shall investigate the petition and if it has reasonable cause to
suspect that a question of representation exists, it shall give notice and
conduct a hearing. If it finds upon the record of the hearing that a question
of representation exists, it shall direct an election, which shall be held no
later than 90 days after the date the petition was filed. Nothing prohibits
the waiving of hearings by the parties and the conduct of consent elections.
(c‑5) The Board shall designate an exclusive representative for purposes
of
collective bargaining when the representative demonstrates a showing of
majority interest by employees in the unit. If the parties to a dispute are
without
agreement on the means to ascertain the choice, if any, of employee
organization as their representative, the Board shall ascertain the employees'
choice of
employee organization, on the basis of dues deduction authorization and other
evidence, or, if necessary, by conducting an election. If either party provides
to the Board, before the designation of a representative, clear and convincing
evidence that the dues deduction authorizations, and other evidence upon which
the Board would otherwise rely to ascertain the employees' choice of
representative, are fraudulent or were obtained through coercion, the Board
shall promptly thereafter conduct an election. The Board shall also investigate
and consider a party's allegations that the dues deduction authorizations and
other evidence submitted in support of a designation of representative without
an election were subsequently changed, altered, withdrawn, or withheld as a
result of employer fraud, coercion, or any other unfair labor practice by the
employer. If the Board determines that a labor organization would have had a
majority interest but for an employer's fraud, coercion, or unfair labor
practice, it shall designate the labor organization as an exclusive
representative without conducting an election.
(d) An order of the Board dismissing a representation petition, determining
and certifying that a labor organization has been fairly and freely chosen by a
majority of employees in an appropriate bargaining unit, determining and
certifying that a labor organization has not been fairly and freely chosen by a
majority of employees in the bargaining unit or certifying a labor organization
as the exclusive representative of employees in an appropriate bargaining unit
because of a determination by the Board that the labor organization is the
historical bargaining representative of employees in the bargaining unit,
is a final order. Any person aggrieved by any such order issued on or after
the effective date of this amendatory Act of 1987 may apply for and obtain
judicial review in accordance with provisions of the Administrative Review Law,
as now or hereafter amended, except that such review shall be afforded directly
in the Appellate Court of a judicial district in which the Board maintains an
office. Any direct appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed was served upon
the party affected by the decision.
No election may be conducted in any bargaining unit during the term of
a collective bargaining agreement covering such unit or subdivision thereof,
except the Board may direct an election after the filing
of a petition between January 15 and March 1 of the final year of a collective
bargaining agreement. Nothing in this Section prohibits the negotiation
of a collective bargaining agreement covering a period not exceeding 3 years.
A collective bargaining agreement of less than 3 years may be extended up
to 3 years by the parties if the extension is agreed to in writing before
the filing of a petition under this Section. In such case, the final year
of the extension is the final year of the collective bargaining agreement.
No election may be conducted in a bargaining unit, or subdivision thereof,
in which a valid election has been held within the preceding 12 month period.
(Source: P.A. 93‑444; eff. 8‑5‑03.)
(Text of Section from P.A. 93‑445)
Sec. 7.
Recognition of exclusive bargaining representatives ‑ unit
determination. The Board is empowered to administer the
recognition of bargaining representatives of employees of public school
districts, including employees of districts which have entered into joint
agreements, or employees of public community college districts, or any
State college or university, and any State agency whose major function is
providing educational services, making certain that each bargaining unit
contains employees with an identifiable community of interest and that no unit
includes both professional employees and nonprofessional employees unless a
majority of employees in each group vote for inclusion in the unit.
(a) In determining the appropriateness of a unit, the Board
shall decide in each case, in order to ensure employees the fullest freedom
in exercising the rights guaranteed by this Act, the unit appropriate for
the purpose of collective bargaining, based upon but not limited to such
factors as historical pattern of recognition, community of interest, including
employee skills and functions, degree of functional integration,
interchangeability and contact among employees, common supervision, wages,
hours and other working conditions of the employees involved, and the desires
of the employees. Nothing in this Act, except as herein provided, shall
interfere with or negate the
current representation rights or patterns and practices of employee
organizations which have historically represented employees for the purposes of
collective bargaining, including but not limited to the negotiations of wages,
hours and working conditions, resolutions of employees' grievances, or
resolution of jurisdictional disputes, or the establishment and maintenance of
prevailing wage rates, unless a majority of the employees so represented
expresses a contrary desire under the procedures set forth in this Act. This
Section, however, does not prohibit multi‑unit bargaining. Notwithstanding the
above factors, where the majority of public employees of a craft so decide, the
Board shall designate such craft as a unit appropriate for the purposes of
collective bargaining.
The sole appropriate bargaining unit for tenured and tenure‑track
academic faculty at
each campus
of
the
University of Illinois shall be a unit that is comprised of
non‑supervisory academic faculty employed more than half‑time and
that includes all tenured and tenure‑track
faculty
of that University campus employed by the board of trustees in all of the campus's undergraduate, graduate, and
professional
schools and degree and non‑degree programs
(with the exception of the college of medicine, the college of pharmacy,
the college of dentistry, the college of law, and the college of veterinary
medicine, each of which shall have its own separate unit), regardless of
current
or
historical representation rights or patterns or the application of any
other factors. Any decision, rule, or regulation promulgated by the
Board to the contrary shall be null and void.
(b) An educational employer may voluntarily recognize a labor organization
for collective bargaining purposes if that organization appears to represent
a majority of employees in the unit. The employer shall post notice
of its intent to so recognize for a period of at least 20 school days on
bulletin boards or other places used or reserved for employee notices.
Thereafter, the employer, if satisfied as to the majority status of the
employee organization, shall send written notification of such recognition
to the Board for certification.
Within the 20 day notice period, however, any other interested employee
organization may petition the Board to seek recognition as the exclusive
representative of the unit in the manner specified by rules and regulations
prescribed by the Board, if such interested employee organization has been
designated by at least 15% of the employees in an appropriate bargaining unit
which includes all or some of the employees in the unit intended to be
recognized by the employer. In such event, the Board shall proceed with the
petition in the same manner as provided in paragraph (c) of this Section.
(c) A labor organization may also gain recognition as the exclusive
representative by an election of the employees in the unit. Petitions
requesting an election may be filed with the Board:
(1) by an employee or group of employees or any | ||
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(2) by an employer alleging that one or more labor | ||
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The Board shall investigate the petition and if it has reasonable cause to
suspect that a question of representation exists, it shall give notice and
conduct a hearing. If it finds upon the record of the hearing that a question
of representation exists, it shall direct an election, which shall be held no
later than 90 days after the date the petition was filed. Nothing prohibits
the waiving of hearings by the parties and the conduct of consent elections.
(d) An order of the Board dismissing a representation petition, determining
and certifying that a labor organization has been fairly and freely chosen by a
majority of employees in an appropriate bargaining unit, determining and
certifying that a labor organization has not been fairly and freely chosen by a
majority of employees in the bargaining unit or certifying a labor organization
as the exclusive representative of employees in an appropriate bargaining unit
because of a determination by the Board that the labor organization is the
historical bargaining representative of employees in the bargaining unit,
is a final order. Any person aggrieved by any such order issued on or after
the effective date of this amendatory Act of 1987 may apply for and obtain
judicial review in accordance with provisions of the Administrative Review Law,
as now or hereafter amended, except that such review shall be afforded directly
in the Appellate Court of a judicial district in which the Board maintains an
office. Any direct appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed was served upon
the party affected by the decision.
No election may be conducted in any bargaining unit during the term of
a collective bargaining agreement covering such unit or subdivision thereof,
except the Board may direct an election after the filing
of a petition between January 15 and March 1 of the final year of a collective
bargaining agreement. Nothing in this Section prohibits the negotiation
of a collective bargaining agreement covering a period not exceeding 3 years.
A collective bargaining agreement of less than 3 years may be extended up
to 3 years by the parties if the extension is agreed to in writing before
the filing of a petition under this Section. In such case, the final year
of the extension is the final year of the collective bargaining agreement.
No election may be conducted in a bargaining unit, or subdivision thereof,
in which a valid election has been held within the preceding 12 month period.
(Source: P.A. 88‑1; 89‑4, eff. 7‑1‑95 (eff. date changed from 1‑1‑96 by
P.A. 89‑24) ; 93‑445, eff. 1‑1‑04.)
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(115 ILCS 5/8) (from Ch. 48, par. 1708)
Sec. 8.
Election ‑ certification.
Elections shall be by secret ballot,
and conducted in accordance with rules and regulations established by the
Illinois Educational Labor Relations Board. An incumbent exclusive bargaining
representative shall automatically be placed on any ballot with the
petitioner's
labor organization. An intervening labor organization may be placed on the
ballot
when supported by 15% or more of the employees in the bargaining unit.
The Board shall give at least 30 days notice of the time
and place of the election to the parties and, upon request, shall provide
the parties with a list of names and addresses of persons eligible to vote
in the election at least 15 days before the election. The ballot must include,
as one of the alternatives, the choice of "no representative". No mail
ballots are permitted except where a specific individual would otherwise
be unable to cast a ballot.
The labor organization receiving a majority of the ballots cast shall be
certified by the Board as the exclusive bargaining representative.
If the choice of "no representative" receives a majority, the employer shall
not recognize any exclusive bargaining representative for at least 12 months.
If none of the choices on the ballot receives a majority, a run‑off shall
be conducted between the 2 choices receiving the largest number of valid
votes cast in the election. The Board shall certify the
results of the election within 6 working days after the final tally
of votes
unless a charge is filed by a party alleging that improper conduct occurred
which
affected the outcome of the election. The Board shall
promptly investigate the allegations, and if it finds probable cause that
improper conduct occurred and could have affected the outcome of the election,
it shall set a hearing on the matter on a date falling within 2 weeks of
when it received the charge. If it determines, after hearing, that the outcome
of the election was affected by improper conduct, it shall order a new election
and shall order corrective action which it considers necessary to insure the
fairness of the new election. If it determines upon investigation or after
hearing that the alleged improper conduct did not take place or that it did not
affect the results of the election, it shall immediately certify the election
results.
Any labor organization that is the exclusive bargaining representative
in an appropriate unit on
the effective date of this Act shall continue as such until a new one is
selected under this Act.
(Source: P.A. 92‑206, eff. 1‑1‑02.)
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(115 ILCS 5/9) (from Ch. 48, par. 1709)
Sec. 9.
Board Rules.
The Board shall
promulgate rules and regulations governing the appropriateness of bargaining
units, representation elections, employee petitions for recognition and
procedures for voluntary recognition of employee organizations by employers.
(Source: P.A. 83‑1014.)
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(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 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. 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.)
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(115 ILCS 5/12) (from Ch. 48, par. 1712)
Sec. 12.
Impasse procedures.
(a) If the parties engaged in collective
bargaining have not reached an agreement by 90 days before the scheduled
start of the forthcoming school year, the parties shall notify the Illinois
Educational Labor Relations Board concerning the status of negotiations.
Upon demand of either party, collective bargaining between the employer
and an exclusive bargaining representative must begin within 60 days of
the date of certification of the representative by the Board, or in the case
of an existing exclusive bargaining representative, within 60 days of the
receipt by a party of a demand to bargain issued by the other party. Once
commenced, collective bargaining must continue for at least a 60 day
period, unless a contract is entered into.
Except as otherwise provided in subsection (b) of this Section, if after
a reasonable period of negotiation and within 45 days of the
scheduled start of the forth‑coming school year, the parties engaged in
collective bargaining have reached an impasse, either party may petition
the Board to initiate mediation. Alternatively, the Board on its own
motion may initiate mediation during this period. However, mediation shall
be initiated by the Board at any time when jointly requested by the parties
and the services of the mediators shall continuously be made available to
the employer and to the exclusive bargaining representative for purposes of
arbitration of grievances and mediation or arbitration of contract
disputes. If requested by the parties, the mediator may perform
fact‑finding and in so doing conduct hearings and make written findings and
recommendations for resolution of the dispute. Such mediation shall be
provided by the Board and shall be held before qualified impartial
individuals. Nothing prohibits the use of other individuals or
organizations such as the Federal Mediation and Conciliation Service or the
American Arbitration Association selected by both the exclusive bargaining
representative and the employer.
If the parties engaged in collective bargaining fail to reach an agreement
within 15 days of the scheduled start of the forthcoming school year and
have not requested mediation, the Illinois Educational Labor Relations Board
shall invoke mediation.
Whenever mediation is initiated or invoked under this subsection (a), the
parties may stipulate to defer selection of a mediator in accordance with
rules adopted by the Board.
(b) If, after a period of bargaining of at least 60 days, a
dispute or impasse exists between an employer whose territorial
boundaries are coterminous with those of a city having a population in
excess of 500,000 and the exclusive bargaining representative over
a subject or matter set forth in Section 4.5 of this Act, the parties shall
submit the dispute or impasse to the dispute resolution procedure
agreed to between the parties. The procedure shall provide for mediation
of disputes by a rotating mediation panel and may, at the request of
either party, include the issuance of advisory findings of fact and
recommendations.
(c) The costs of fact finding and mediation shall be shared equally
between
the employer and the exclusive bargaining agent, provided that, for
purposes of mediation under this Act, 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.
(d) Nothing in this Act prevents an employer and an exclusive bargaining
representative from mutually submitting to final and binding impartial
arbitration unresolved issues concerning the terms of a new collective
bargaining agreement.
(Source: P.A. 93‑3, eff. 4‑16‑03.)
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(115 ILCS 5/13) (from Ch. 48, par. 1713)
Sec. 13.
Strikes.
(a) Notwithstanding the existence of any other
provision in this Act or other law, educational employees employed in school
districts organized under Article 34 of the School Code shall not engage in
a strike at any time during the 18 month period that commences on the
effective date of this amendatory Act of 1995. An educational employee
employed in a school district organized
under Article 34 of the School Code who participates in a strike in violation
of this Section is subject to discipline by the employer. In addition, no
educational employer organized under Article 34 of the School Code may pay or
cause to be paid to an educational employee who
participates in a strike in violation of this subsection any wages or other
compensation for any period during
which an educational employee participates in the strike, except for wages or
compensation earned before participation in the strike.
Notwithstanding the existence of any other
provision in this Act or other law, during the 18‑month period that strikes are
prohibited under this subsection nothing in this subsection shall be construed
to require an educational employer to submit to a binding dispute resolution
process.
(b) Notwithstanding the existence of any other provision in this Act or any
other law, educational employees other than those employed in a school district
organized under Article 34 of the School Code and, after the expiration of the
18 month period that commences on the effective date of this amendatory Act of
1995, educational employees in a school district organized under Article 34 of
the School Code shall not engage in a strike except under the following
conditions:
(1) they are represented by an exclusive | ||
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(2) mediation has been used without success;
(3) at least 10 days have elapsed after a notice | ||
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(4) the collective bargaining agreement between | ||
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(5) the employer and the exclusive bargaining | ||
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If, however, in the opinion of an employer the strike is or has become a
clear and present danger to the health or safety of the public, the employer
may initiate
in the circuit court of the county in which such danger exists an action for
relief which may include, but is not limited to, injunction. The court may
grant appropriate relief upon the finding that such clear and present danger
exists.
An unfair practice or other evidence of lack of clean hands by the educational
employer is a defense to such action. Except as provided for in this
paragraph, the jurisdiction of the court under this Section is limited by the
Labor Dispute Act.
(Source: P.A. 89‑15, eff. 5‑30‑95; 90‑548, eff. 1‑1‑98.)
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(115 ILCS 5/14) (from Ch. 48, par. 1714)
Sec. 14.
Unfair labor practices.
(a) Educational employers, their agents
or representatives are prohibited from:
(1) Interfering, restraining or coercing employees | ||
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(2) Dominating or interfering with the formation, | ||
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(3) Discriminating in regard to hire or tenure of | ||
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(4) Discharging or otherwise discriminating against | ||
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(5) Refusing to bargain collectively in good faith | ||
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(6) Refusing to reduce a collective bargaining | ||
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(7) Violating any of the rules and regulations | ||
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(8) Refusing to comply with the provisions of a | ||
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(9) Expending or causing the expenditure of public | ||
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(b) Employee organizations, their agents or representatives or educational
employees are prohibited from:
(1) Restraining or coercing employees in the | ||
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(2) Restraining or coercing an educational employer | ||
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(3) Refusing to bargain collectively in good faith | ||
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(4) Violating any of the rules and regulations | ||
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(5) Refusing to reduce a collective bargaining | ||
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(6) Refusing to comply with the provisions of a | ||
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(c) The expressing of any views, argument, opinion or the
dissemination thereof, whether in written, printed, graphic or visual form,
shall not constitute or be evidence of an unfair labor practice under any
of the provisions of this Act, if such expression contains no threat of
reprisal or force or promise of benefit.
(d) The actions of a Financial Oversight Panel created pursuant to Section
1A‑8
of the School Code due to a district violating a financial plan shall not
constitute or be evidence of an unfair labor practice under any of the
provisions of this Act. Such actions include, but are not limited to,
reviewing, approving, or rejecting a school district budget or a collective
bargaining agreement.
(Source: P.A. 89‑572, eff. 7‑30‑96.)
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(115 ILCS 5/15) (from Ch. 48, par. 1715)
Sec. 15.
Unfair labor practice procedure.
A charge of unfair labor
practice may be filed with the Board by an employer, an individual or
a labor organization. If the Board after investigation
finds that the charge states an issue of law or fact, it shall issue and
cause to be served upon the party complained of a complaint which fully
states the charges and thereupon hold a hearing on the charges, giving at
least 5 days' notice to the parties. At hearing, the charging party may
also present evidence in support of the charges and the party charged may
file an answer to the charges, appear in person or by attorney, and present
evidence in defense against the charges.
The Board has the power to issue subpoenas and administer
oaths. If any party wilfully fails or neglects to appear or testify or
to produce books, papers and records pursuant to subpoena issued by the
Board, the Board shall apply to the circuit court for an order to compel
the attendance of the party at the hearing to testify or produce requested documents.
If the Board finds that the party charged has committed
an unfair labor practice, it shall make findings of fact and is empowered
to issue an order requiring the party charged to stop the unfair practice,
and may take additional affirmative action, including requiring the party
to make reports from time to time showing the extent to which he or she
has complied with the order. No order shall be issued upon an unfair practice
occurring more than 6 months before the filing of the
charge alleging the unfair labor practice. If the Board awards back pay,
it shall also award interest at the rate of 7% per annum. If the Board
finds that the party charged has not committed any unfair labor practice,
findings of fact shall be made and an order issued dismissing the charges.
The Board may petition the circuit court of the county
in which the unfair labor practice in question occurred or where the party
charged with the unfair labor practice resides or transacts business to
enforce an order and for other relief which may include, but is not limited
to, injunctions.
The Board's order may in its discretion also include an appropriate
sanction, based on the Board's rules and regulations, and the sanction may
include an order to pay the other party or parties' reasonable expenses
including costs and reasonable attorney's fee, if the other party has made
allegations or denials without reasonable cause and found to be untrue or
has engaged in frivolous litigation for the purpose of delay or needless
increase in the cost of litigation; the State of Illinois or any agency
thereof shall be subject to the provisions of this sentence in the same
manner as any other party.
(Source: P.A. 86‑412; 87‑736.)
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(115 ILCS 5/16) (from Ch. 48, par. 1716)
Sec. 16.
Judicial review.
(a) A charging party or any person aggrieved by a final order of the Board
granting or denying in whole or in part the relief sought may apply for and
obtain judicial review of an order of the Board entered under this Act in
accordance with the provisions of the Administrative Review Law, as now or
hereafter amended, except that such judicial review shall be taken directly to
the Appellate Court of a judicial district in which the Board maintains an
office. Any direct appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed was served upon
the party affected by the decision.
(b) Whenever it appears that any person has violated a final order of
the Board issued under this Act, the Board may commence an action in the
name of the people of the State of Illinois by petition, alleging the
violation, attaching a copy of the order of the Board, and praying for the
issuance of an order directing the person, his officers, agents, servants,
successors, and assigns to comply with the order of the Board. Upon the
commencement of the action, the Court may grant or refuse, in whole or in
part, the relief sought, provided that the Court may stay an order of the
Board in accordance with Section 3‑111 of the Code of Civil Procedure
pending disposition of the proceedings. The Court may punish a violation
of its order as in civil contempt.
(c) The proceedings provided in subsection (b) of this Section shall be
commenced in the Appellate Court of a judicial district in which the
Board maintains an office.
(d) The Board may, upon issuance of an unfair labor practice complaint,
petition the circuit court where the alleged unfair practice which is the
subject of the Board's complaint was allegedly committed, or where a person
required to cease and desist from such alleged unfair labor practice resides
or transacts business, for appropriate temporary relief or a restraining
order. Upon the filing of any such petition the court shall cause notice
thereof to be served upon such person, and thereupon shall have jurisdiction
to grant to the Board such temporary relief or restraining order as it deems
just and proper.
(e) In any judicial review proceeding brought hereunder, the employee
organization may sue or be sued as an entity and in behalf of the employees
whom it represents. The service of legal process, summons, or subpoena upon
an officer or agent of the employee organization in his or her capacity
as such, shall constitute service upon said employee organization.
(Source: P.A. 88‑1.)
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(115 ILCS 5/17) (from Ch. 48, par. 1717)
Sec. 17.
Effect on other laws.
In case of any conflict between the
provisions of this Act and any other law, executive order or administrative
regulation, the provisions of this Act shall prevail and control.
Nothing in this Act shall be construed to replace or diminish the rights
of employees established by Section 36d of "An Act to create the State Universities
Civil Service System", approved May 11, 1905, as amended or modified.
(Source: P.A. 83‑1014.)
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(115 ILCS 5/17.1) (from Ch. 48, par. 1717.1)
Sec. 17.1.
Precedents established by other labor boards.
Unless
contradicted by administrative precedent previously established by the
Board, all final decisions in representation and unfair labor practice
cases decided by the State or Local Panel of the Illinois Labor Relations
Board or their predecessors, the Illinois State Labor Relations Board and the
Illinois Local Labor Relations Board previously created under the Illinois
Public Labor Relations Act, which have not been reversed by subsequent
court rulings shall be considered, but need not be followed, by the
Board.
(Source: P.A. 91‑798, eff. 7‑9‑00.)
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(115 ILCS 5/18) (from Ch. 48, par. 1718)
Sec. 18.
Meetings.
The provisions of the Open Meetings Act shall not
apply to collective bargaining negotiations and grievance arbitrations conducted
pursuant to this Act.
(Source: P.A. 83‑1014.)
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(115 ILCS 5/19) (from Ch. 48, par. 1719)
Sec. 19.
Sovereign Immunity.
For purposes of this Act, the State of
Illinois waives sovereign immunity.
(Source: P.A. 83‑1014.)
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(115 ILCS 5/20) (from Ch. 48, par. 1720)
Sec. 20.
Short title.
This Act shall be known and may be cited as the
"Illinois Educational Labor Relations Act".
(Source: P.A. 83‑1014.)
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(115 ILCS 5/21) (from Ch. 48, par. 1721)
Sec. 21.
Inapplicability of State Mandates Act.
The General Assembly
finds that this Act imposes additional duties on local educational employers
which can be carried out by existing
staff and procedures at no appreciable net cost increase. The increased
additional annual net costs resulting from the enactment of this Act would
be less than $50,000, in the aggregate, for all local educational employers
affected by this Act, and reimbursements
of local educational employers is not required
of the State under The State Mandates Act, by reason of the exclusions specified
in clauses (2) and (5) of subsection (a) of Section 8 of that Act.
(Source: P.A. 83‑1014.)
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