There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 5 General Provisions 5 ILCS 315/ Illinois Public Labor Relations Act.
(5 ILCS 315/1) (from Ch. 48, par. 1601)
Sec. 1.
This Act shall be known and may be cited as the "Illinois Public
Labor Relations Act".
(Source: P.A. 83‑1012.)
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(5 ILCS 315/2) (from Ch. 48, par. 1602)
Sec. 2.
Policy.
It is the public policy of the State of Illinois
to grant public employees full
freedom of association, self‑organization, and designation of representatives
of their own choosing for the purpose of negotiating wages, hours and other
conditions of employment or other mutual aid or protection.
It is the purpose of this Act to regulate labor relations between public
employers and employees, including the designation of employee representatives,
negotiation of wages, hours and other conditions of employment, and resolution
of disputes arising under collective bargaining agreements.
It is the purpose of this Act to prescribe the legitimate rights of both
public employees and public employers, to protect the public health and safety
of the citizens of Illinois, and to provide peaceful and orderly procedures
for protection of the rights of all. To prevent labor strife and to protect
the public health and safety of the citizens of Illinois,
all collective bargaining disputes involving persons designated by the Board
as performing essential services and those persons defined herein as security employees
shall be submitted to impartial arbitrators, who shall be authorized to
issue awards in order to resolve such disputes. It is the public policy
of the State of Illinois that where the right of employees to strike is
prohibited by law, it is necessary to afford an alternate, expeditious,
equitable and effective procedure for the resolution of labor disputes subject
to approval procedures mandated by this Act. To that end, the provisions
for such awards shall be liberally
construed.
(Source: P.A. 83‑1012.)
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(2) For court reporters employed by the 12th, 18th, | ||
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(3) For court reporters employed by all other | ||
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(p) "Security employee" means an employee who is responsible for the
supervision and control of inmates at correctional facilities. The term
also includes other non‑security employees in bargaining units having the
majority of employees being responsible for the supervision and control of
inmates at correctional facilities.
(q) "Short‑term employee" means an employee who is employed for less
than 2 consecutive calendar quarters during a calendar year and who does
not have a reasonable assurance that he or she will be rehired by the
same employer for the same service in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is substantially
different from that of his or her subordinates and who has authority, in the
interest of the employer, to hire, transfer, suspend, lay off, recall,
promote, discharge, direct, reward, or discipline employees, to adjust
their grievances, or to effectively recommend any of those actions, if the
exercise
of that authority is not of a merely routine or clerical nature, but
requires the consistent use of independent judgment. Except with respect to
police employment, the term "supervisor" includes only those individuals
who devote a preponderance of their employment time to exercising that
authority, State supervisors notwithstanding. In addition, in determining
supervisory status in police employment, rank shall not be determinative.
The Board shall consider, as evidence of bargaining unit inclusion or
exclusion, the common law enforcement policies and relationships between
police officer ranks and certification under applicable civil service law,
ordinances, personnel codes, or Division 2.1 of Article 10 of the Illinois
Municipal Code, but these factors shall not
be the sole or predominant factors considered by the Board in determining
police supervisory status.
Notwithstanding the provisions of the preceding paragraph, in determining
supervisory status in fire fighter employment, no fire fighter shall be
excluded as a supervisor who has established representation rights under
Section 9 of this Act. Further, in new fire fighter units, employees shall
consist of fire fighters of the rank of company officer and below. If a company officer otherwise qualifies as a supervisor under the preceding paragraph, however, he or she shall
not be included in the fire fighter
unit. If there is no rank between that of chief and the
highest company officer, the employer may designate a position on each
shift as a Shift Commander, and the persons occupying those positions shall
be supervisors. All other ranks above that of company officer shall be
supervisors.
(s) (1) "Unit" means a class of jobs or positions that | ||
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(2) Notwithstanding the exclusion of supervisors from | ||
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(3) Public employees who are court reporters, as | ||
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(Source: P.A. 93‑204, eff. 7‑16‑03; 93‑617, eff. 12‑9‑03; 94‑98, eff. 7‑1‑05.)
(Text of Section from P.A. 94‑320) Sec. 3. Definitions. As used in this Act, unless the context
otherwise requires:
(a) "Board" means the Illinois
Labor Relations Board or, with respect to a matter over which the
jurisdiction of the Board is assigned to the State Panel or the Local Panel
under Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms and conditions
of employment, including hours, wages, and other conditions of employment,
as detailed in Section 7 and which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the regular course
of his or her duties, assists and acts in a confidential capacity to persons
who formulate, determine, and effectuate management policies with regard
to labor relations or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts persons, and their
apprentices and helpers.
(e) "Essential services employees" means those public employees
performing functions so essential that the interruption or termination of
the function will constitute a clear and present danger to the health and
safety of the persons in the affected community.
(f) "Exclusive representative", except with respect to non‑State fire
fighters and paramedics employed by fire departments and fire protection
districts, non‑State peace officers, and peace officers in the
Department of State Police, means the labor organization that has
been (i) designated by the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with the procedures
contained in this Act, (ii) historically
recognized by the State of Illinois or
any political subdivision of the State before July 1, 1984
(the effective date of this
Act) as the exclusive representative of the employees in an appropriate
bargaining unit, (iii) after July 1, 1984 (the
effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive representative by a
majority of the employees in an appropriate bargaining unit;
(iv) recognized as the exclusive representative of personal care attendants
or personal
assistants under Executive Order 2003‑8 prior to the effective date of this
amendatory
Act of the 93rd General Assembly, and the organization shall be considered to
be the
exclusive representative of the personal care attendants or personal assistants
as defined
in this Section; or (v) recognized as the exclusive representative of child and day care home providers, including licensed and license exempt providers, pursuant to an election held under Executive Order 2005‑1 prior to the effective date of this amendatory Act of the 94th General Assembly, and the organization shall be considered to be the exclusive representative of the child and day care home providers as defined in this Section.
With respect to non‑State fire fighters and paramedics employed by fire
departments and fire protection districts, non‑State peace officers, and
peace officers in the Department of State Police,
"exclusive representative" means the labor organization that has
been (i) designated by the Board as the representative of a majority of peace
officers or fire fighters in an appropriate bargaining unit in accordance
with the procedures contained in this Act, (ii)
historically recognized
by the State of Illinois or any political subdivision of the State before
January 1, 1986 (the effective date of this amendatory Act of 1985) as the exclusive
representative by a majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1,
1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the exclusive
representative by a majority of the peace officers or fire fighters in an
appropriate bargaining unit.
(g) "Fair share agreement" means an agreement between the employer and
an employee organization under which all or any of the employees in a
collective bargaining unit are required to pay their proportionate share of
the costs of the collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions of employment,
but not to exceed the amount of dues uniformly required of members. The
amount certified by the exclusive representative shall not include any fees
for contributions related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making
voluntary political contributions in conjunction with his or her fair share
payment.
(g‑1) "Fire fighter" means, for the purposes of this Act only, any
person who has been or is hereafter appointed to a fire department or fire
protection district or employed by a state university and sworn or
commissioned to perform fire fighter duties or paramedic duties, except that the
following persons are not included: part‑time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid on‑call fire
fighters, clerks and dispatchers or other civilian employees of a fire
department or fire protection district who are not routinely expected to
perform fire fighter duties, or elected officials.
(g‑2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois, as provided
for under Article IV of the Constitution of the State of Illinois, and
includes but is not limited to the House of Representatives, the Senate,
the Speaker of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, the Minority Leader
of the Senate, the Joint Committee on Legislative Support Services and any
legislative support services agency listed in the Legislative Commission
Reorganization Act of 1984.
(h) "Governing body" means, in the case of the State, the State Panel of
the Illinois Labor Relations Board, the Director of the Department of Central
Management Services, and the Director of the Department of Labor; the county
board in the case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide for expenditures
of its funds in the case of any other unit of government.
(i) "Labor organization" means any organization in which public employees
participate and that exists for the purpose, in whole or in part, of dealing
with a public employer concerning wages, hours, and other terms and conditions
of employment, including the settlement of grievances.
(j) "Managerial employee" means an individual who is engaged
predominantly in executive and management functions and is charged with the
responsibility of directing the effectuation of management policies
and practices.
(k) "Peace officer" means, for the purposes of this Act only, any
persons who have been or are hereafter appointed to a police force,
department, or agency and sworn or commissioned to perform police duties,
except that the following persons are not
included: part‑time police
officers, special police officers, auxiliary police as defined by Section
3.1‑30‑20 of the Illinois Municipal Code, night watchmen, "merchant police",
court security officers as defined by Section 3‑6012.1 of the Counties
Code,
temporary employees, traffic guards or wardens, civilian parking meter and
parking facilities personnel or other individuals specially appointed to
aid or direct traffic at or near schools or public functions or to aid in
civil defense or disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who are not
routinely expected to effect arrests, parking lot attendants, clerks and
dispatchers or other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor organizations, public
employees, associations, corporations, legal representatives, trustees,
trustees in bankruptcy, receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not include the General
Assembly of the State of Illinois or any individual employed by the General
Assembly of the State of Illinois.
(m) "Professional employee" means any employee engaged in work predominantly
intellectual and varied in character rather than routine mental, manual,
mechanical or physical work; involving the consistent exercise of discretion
and adjustment in its performance; of such a character that the output produced
or the result accomplished cannot be standardized in relation to a given
period of time; and requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a hospital,
as distinguished from a general academic education or from apprenticeship
or from training in the performance of routine mental, manual, or physical
processes; or any employee who has completed the courses of specialized
intellectual instruction and study prescribed in this subsection (m) and is
performing related
work under the supervision of a professional person to qualify to become
a professional employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of this Act, means
any individual employed by a public employer, including (i) interns and residents
at public hospitals
, (ii) as of the effective date of this amendatory Act of the 93rd General
Assembly, but not
before, personal care attendants and personal assistants working under the Home
Services
Program under Section 3 of the Disabled Persons Rehabilitation Act, subject to
the
limitations set forth in this Act and in the Disabled Persons Rehabilitation
Act, and (iii) as of the effective date of this amendatory Act of the 94th General Assembly, but not before, child and day care home providers participating in the child care assistance program under Section 9A‑11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A‑11 of the Illinois Public Aid Code,
but excluding all of the following: employees of the
General Assembly of the State of Illinois; elected officials; executive
heads of a department; members of boards or commissions; the Executive
Inspectors General; any special Executive Inspectors General; employees of each
Office of an Executive Inspector General;
commissioners and employees of the Executive Ethics Commission; the Auditor
General's Inspector General; employees of the Office of the Auditor General's
Inspector General; the Legislative Inspector General; any special Legislative
Inspectors General; employees of the Office
of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics Commission;
employees
of any
agency, board or commission created by this Act; employees appointed to
State positions of a temporary or emergency nature; all employees of school
districts and higher education institutions except firefighters and peace
officers employed
by a state university; managerial employees; short‑term employees;
confidential employees; independent contractors; and supervisors except as
provided in this Act.
Personal care attendants and personal assistants shall not be considered
public
employees for any purposes not specifically provided for in the amendatory Act
of the
93rd General Assembly, including but not limited to, purposes of vicarious
liability in tort
and purposes of statutory retirement or health insurance benefits. Personal
care
attendants and personal assistants shall not be covered by the State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
Child and day care home providers shall not be considered public employees for any purposes not specifically provided for in this amendatory Act of the 94th General Assembly, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.
Notwithstanding Section 9, subsection (c), or any other provisions of
this Act, all peace officers above the rank of captain in
municipalities with more than 1,000,000 inhabitants shall be excluded
from this Act.
(o) "Public employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government or school
district; authorities including departments, divisions, bureaus, boards,
commissions, or other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or implied, on
behalf of those entities in dealing with its employees.
As of the effective date of the amendatory Act of the 93rd General Assembly,
but not
before, the State of Illinois shall be considered the employer of the personal
care
attendants and personal assistants working under the Home Services Program
under
Section 3 of the Disabled Persons Rehabilitation Act, subject to the
limitations set forth
in this Act and in the Disabled Persons Rehabilitation Act. The State shall not
be
considered to be the employer of personal care attendants and personal
assistants for any
purposes not specifically provided for in this amendatory Act of the 93rd
General
Assembly, including but not limited to, purposes of vicarious liability in tort
and
purposes of statutory retirement or health insurance benefits. Personal care
attendants
and personal assistants shall not be covered by the State Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the effective date of this amendatory Act of the 94th General Assembly but not before, the State of Illinois shall be considered the employer of the day and child care home providers participating in the child care assistance program under Section 9A‑11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A‑11 of the Illinois Public Aid Code. The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided for in this amendatory Act of the 94th General Assembly, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.
"Public employer" or
"employer" as used in this Act, however, does not
mean and shall not include the General Assembly of the State of Illinois,
the Executive Ethics Commission, the Offices of the Executive Inspectors
General, the Legislative Ethics Commission, the Office of the Legislative
Inspector General, the Office of the Auditor General's Inspector General,
and educational employers or employers as defined in the Illinois
Educational Labor Relations Act, except with respect to a state university in
its employment of firefighters and peace officers. County boards and county
sheriffs shall be
designated as joint or co‑employers of county peace officers appointed
under the authority of a county sheriff. Nothing in this subsection
(o) shall be construed
to prevent the State Panel or the Local Panel
from determining that employers are joint or co‑employers.
(p) "Security employee" means an employee who is responsible for the
supervision and control of inmates at correctional facilities. The term
also includes other non‑security employees in bargaining units having the
majority of employees being responsible for the supervision and control of
inmates at correctional facilities.
(q) "Short‑term employee" means an employee who is employed for less
than 2 consecutive calendar quarters during a calendar year and who does
not have a reasonable assurance that he or she will be rehired by the
same employer for the same service in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is substantially
different from that of his or her subordinates and who has authority, in the
interest of the employer, to hire, transfer, suspend, lay off, recall,
promote, discharge, direct, reward, or discipline employees, to adjust
their grievances, or to effectively recommend any of those actions, if the
exercise
of that authority is not of a merely routine or clerical nature, but
requires the consistent use of independent judgment. Except with respect to
police employment, the term "supervisor" includes only those individuals
who devote a preponderance of their employment time to exercising that
authority, State supervisors notwithstanding. In addition, in determining
supervisory status in police employment, rank shall not be determinative.
The Board shall consider, as evidence of bargaining unit inclusion or
exclusion, the common law enforcement policies and relationships between
police officer ranks and certification under applicable civil service law,
ordinances, personnel codes, or Division 2.1 of Article 10 of the Illinois
Municipal Code, but these factors shall not
be the sole or predominant factors considered by the Board in determining
police supervisory status.
Notwithstanding the provisions of the preceding paragraph, in determining
supervisory status in fire fighter employment, no fire fighter shall be
excluded as a supervisor who has established representation rights under
Section 9 of this Act. Further, in new fire fighter units, employees shall
consist of fire fighters of the rank of company officer and below. If a company officer otherwise qualifies as a supervisor under the preceding paragraph, however, he or she shall
not be included in the fire fighter
unit. If there is no rank between that of chief and the
highest company officer, the employer may designate a position on each
shift as a Shift Commander, and the persons occupying those positions shall
be supervisors. All other ranks above that of company officer shall be
supervisors.
(s) (1) "Unit" means a class of jobs or positions that | ||
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(2) Notwithstanding the exclusion of supervisors from | ||
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(Source: P.A. 93‑204, eff. 7‑16‑03; 93‑617, eff. 12‑9‑03; 94‑320, eff. 1‑1‑06.)
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(5 ILCS 315/5) (from Ch. 48, par. 1605)
Sec. 5.
Illinois Labor Relations Board; State Panel; Local Panel.
(a) There is created the Illinois Labor Relations Board. The Board shall
be comprised of 2 panels, to be known as the State Panel and the Local Panel.
(a‑5) The State Panel shall have jurisdiction over collective bargaining
matters between employee organizations and the State of Illinois, excluding the
General Assembly of the State of Illinois, between employee organizations and
units of local government and school districts with a population not in excess
of 2 million persons, and between employee organizations and the Regional
Transportation Authority.
The State Panel shall consist of 5 members appointed by the Governor, with
the advice and consent of the Senate. The Governor shall appoint to the State
Panel only persons who have had a minimum of 5 years of experience directly
related to labor and employment relations in representing public employers,
private employers or labor organizations; or teaching labor or employment
relations; or administering executive orders or regulations applicable to labor
or employment relations. At the time of his or her appointment, each member of
the State Panel shall be an Illinois resident. The Governor shall designate
one member to serve as the Chairman of the State Panel and the Board.
Notwithstanding any other provision of this Section, the term of each
member of the State Panel who was appointed by the Governor and is in office
on June 30, 2003 shall terminate at the close of business on that date or when
all of the successor members to be appointed pursuant to this amendatory Act
of the 93rd General Assembly have been appointed by the Governor, whichever
occurs later. As soon as possible, the Governor shall appoint persons to
fill the vacancies created by this amendatory Act.
The initial appointments under this amendatory Act of the 93rd
General Assembly shall be for terms as follows: The Chairman shall initially
be appointed for a term ending on the 4th Monday in January, 2007;
2 members shall be initially appointed for terms ending on the 4th Monday in
January, 2006; one member shall be initially appointed for a term
ending on the 4th Monday in January, 2005; and one member shall be
initially appointed for a term ending on the 4th Monday in January, 2004. Each
subsequent member shall be appointed for a term of 4 years, commencing on the
4th Monday in January. Upon expiration of the term of office of any appointive
member, that member shall continue to serve until a successor shall be
appointed and qualified. In case of a vacancy, a successor shall be appointed
to serve for the unexpired portion of the term. If the Senate is not in
session at the time the initial appointments are made, the Governor
shall make temporary appointments in the same manner successors are appointed
to fill vacancies. A temporary appointment shall remain in effect no longer
than 20 calendar days after the commencement of the next Senate session.
(b) The Local Panel shall have jurisdiction over collective bargaining
agreement matters between employee organizations and units of local government
with a population in excess of 2 million persons, but excluding the Regional
Transportation Authority.
The Local Panel shall consist of one person appointed by the Governor with
the advice and consent of the Senate (or, if no such person is appointed, the
Chairman of the State Panel) and two additional members, one appointed by the
Mayor of the City of Chicago and one appointed by the President of the Cook
County Board of Commissioners. Appointees to the Local Panel must have had a
minimum of 5 years of experience directly related to labor and employment
relations in representing public employers, private employers or labor
organizations; or teaching labor or employment relations; or administering
executive orders or regulations applicable to labor or employment relations.
Each member of the Local Panel shall be an Illinois resident at the time of
his or her appointment. The member appointed by the Governor (or, if no such
person is appointed, the Chairman of the State Panel) shall serve as the
Chairman of the Local Panel.
Notwithstanding any other provision of this Section, the term of the
member of the Local Panel who was appointed by the Governor and is in office
on June 30, 2003 shall terminate at the close of business on that date or when
his or her successor has been appointed by the Governor, whichever occurs
later. As soon as possible, the Governor shall appoint a person to fill the
vacancy created by this amendatory Act. The initial appointment under this
amendatory Act of the 93rd General Assembly shall be for a term ending on the
4th Monday in January, 2007.
The initial appointments under this amendatory Act of the 91st General
Assembly shall be for terms as follows: The member appointed by the Governor
shall initially be appointed for a term ending on the 4th Monday in January,
2001; the member appointed by the President of the Cook County Board shall be
initially appointed for a term ending on the 4th Monday in January, 2003; and
the member appointed by the Mayor of the City of Chicago shall be initially
appointed for a term ending on the 4th Monday in January, 2004. Each
subsequent member shall be appointed for a term of 4 years, commencing
on the 4th Monday in January. Upon expiration of the term of office of any
appointive member, the member shall continue to serve until a successor shall
be appointed and qualified. In the case of a vacancy, a successor shall be
appointed by the applicable appointive authority to serve for the unexpired
portion of the term.
(c) Three members of the State Panel shall at all times constitute
a quorum. Two members of the Local Panel shall at all times constitute a
quorum. A vacancy on a panel does not impair the right of the remaining
members to exercise all of the powers of that panel. Each panel shall adopt an
official seal which shall be judicially noticed. The salary of the Chairman of
the State Panel shall be $82,429 per year, or as set by the Compensation Review
Board, whichever is greater, and that of the other members of the State and
Local Panels shall be $74,188 per year, or as set by the Compensation Review
Board, whichever is greater.
(d) Each member shall devote his or her 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.
No member shall hold any other public office or be employed as a labor
or management representative by the State or any political subdivision of
the State or of any department or agency thereof, or actively represent or act
on behalf of an employer or an employee organization or an employer in labor
relations matters. Any member of the State Panel may be removed
from office by the Governor for inefficiency,
neglect of duty, misconduct or malfeasance in office, and for no other cause,
and only upon notice and hearing. Any member of the Local Panel
may be removed from office by the applicable appointive authority for
inefficiency, neglect of duty, misconduct or malfeasance in office, and for no
other cause, and only upon notice and hearing.
(e) Each panel 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.
(f) In order to accomplish the objectives and carry out the duties
prescribed by this Act, a panel or its
authorized designees may hold elections to determine whether a labor
organization has majority status; investigate and attempt to resolve or settle
charges of unfair labor practices; hold hearings in order to carry out its
functions; develop and effectuate appropriate impasse resolution procedures for
purposes of resolving labor disputes; require the appearance of witnesses and
the production of evidence on any matter under inquiry; and administer oaths
and affirmations. The panels shall sign and report in
full an opinion in every case which they decide.
(g) Each panel may appoint or employ an executive
director, attorneys, hearing officers, mediators, fact‑finders, arbitrators,
and such other employees as it may deem necessary to perform
its functions. The governing boards 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.
(h) Each panel shall exercise general supervision
over all attorneys which it employs and over the other persons employed to
provide necessary support services for such attorneys. The panels shall have final authority in respect to complaints
brought pursuant to this Act.
(i) The following rules and regulations shall be adopted by the panels meeting in joint session: (1) procedural rules and
regulations which shall govern all Board proceedings; (2) procedures for
election of exclusive bargaining representatives pursuant to Section 9, except
for the determination of appropriate bargaining units; and (3) appointment
of counsel pursuant to subsection (k) of this Section.
(j) Rules and regulations may be adopted, amended or rescinded only
upon a vote of 5 of the members of the State and Local Panels meeting
in joint session. The adoption,
amendment or rescission of rules and regulations shall be in conformity with
the requirements of the Illinois Administrative Procedure Act.
(k) The panels in joint session shall promulgate
rules and regulations providing for the appointment of attorneys or other Board
representatives to represent persons in unfair labor practice proceedings
before a panel. The regulations governing appointment
shall require the applicant to demonstrate an inability to pay for or inability
to otherwise provide for adequate representation before a panel. Such rules
must also provide: (1) that an attorney may not be
appointed in cases which, in the opinion of a panel, are clearly
without merit; (2) the stage of the unfair labor proceeding at which counsel
will be appointed; and (3) the circumstances under which a client will be
allowed to select counsel.
(1) The panels in joint session may promulgate
rules and regulations which allow parties in proceedings before a panel to be represented by counsel or any other representative
of the party's choice.
(m) The Chairman of the State Panel shall serve
as Chairman of a joint session of the panels.
Attendance of at least 2 members of the State Panel and at least one
member of the Local Panel, in addition to
the Chairman, shall constitute a quorum at a joint session. The panels shall
meet in joint session at least annually.
(Source: P.A. 93‑509, eff. 8‑11‑03.)
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(5 ILCS 315/5.1)
Sec. 5.1.
Dissolution of Illinois State Labor Relations Board and Illinois
Local Labor Relations Board; transfer and savings provisions.
(a) The Illinois State Labor Relations Board is dissolved. The State Panel
of the Illinois Labor Relations Board, created by this amendatory Act of the
91st General Assembly, shall succeed to all of the powers, duties, rights, and
property, including contractual rights and obligations, of the Illinois State
Labor Relations Board. Rules, procedures, and
decisions of the Illinois State Labor Relations Board in effect at the time of
its dissolution shall be deemed to be those of the State Panel of the Illinois
Labor Relations Board. Matters pending before the Illinois State Labor
Relations Board at the time of its dissolution shall continue as matters
before the State Panel of the Illinois Labor Relations Board.
The State Panel of the Illinois Labor Relations Board shall be deemed successor
in interest to the Illinois State Labor Relations Board for the purposes of any
pending litigation.
(b) The Illinois Local Labor Relations Board is dissolved. The Local Panel
of the Illinois Labor Relations Board, created by this amendatory Act of the
91st General Assembly, shall succeed to all of the powers, duties, rights, and
property, including contractual rights and obligations, of the Illinois Local
Labor Relations Board. Rules, procedures, and
decisions of the Illinois Local Labor Relations Board in effect at the time of
its dissolution shall be deemed to be those of the Local Panel of the Illinois
Labor Relations Board. Matters pending before the Illinois Local Labor
Relations Board at the time of its dissolution shall continue as matters
before the Local Panel of the Illinois Labor Relations Board.
The Local Panel of the Illinois Labor Relations Board shall be deemed successor
in interest to the Illinois Local Labor Relations Board for the purposes of any
pending litigation.
(c) Rules and procedures adopted jointly by the Illinois State Labor
Relations Board and the Illinois Local Labor Relations Board that are in effect
at the time of the dissolution of those Boards shall be deemed to have been
adopted jointly by the State and Local Panels of the Illinois Labor Relations
Board.
(d) Fiscal Year 2000 appropriations to the Illinois State Labor Relations
Board and the Illinois Local Labor Relations Board may be expended by the
Illinois Labor Relations Board.
(e) Persons employed by the Illinois State Labor Relations Board or the
Illinois Local Labor Relations Board on the date of the dissolution of those
Boards shall thereupon become employees, respectively, of the State Panel or
the Local Panel of the Illinois Labor Relations Board, without loss of
seniority or accrued benefits.
(Source: P.A. 91‑798, eff. 7‑9‑00.)
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(ii) presents the employer with employee written | ||
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Failure to so honor and abide by dues deduction or fair | ||
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(g) Agreements containing a fair share agreement must safeguard the right
of nonassociation of employees based upon bona fide religious tenets or
teachings of a church or religious body of which such employees are members.
Such employees may be required to pay an amount equal to their fair share,
determined under a lawful fair share agreement, to a nonreligious charitable
organization mutually agreed upon by the employees affected and the exclusive
bargaining representative to which such employees would otherwise pay such
service fee. If the affected employees and the bargaining representative
are unable to reach an agreement on the matter, the Board may establish an
approved list of charitable organizations to which such payments may be made.
(Source: P.A. 93‑854, eff. 1‑1‑05; 94‑472, eff. 1‑1‑06.)
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(5 ILCS 315/8) (from Ch. 48, par. 1608)
Sec. 8.
Grievance Procedure.
The collective bargaining agreement negotiated
between the employer and the exclusive representative shall contain a grievance
resolution procedure which shall apply to all employees in the bargaining
unit and shall provide for final and binding arbitration of disputes concerning
the administration or interpretation of the agreement unless mutually agreed
otherwise. Any agreement containing a final and binding arbitration provision
shall also contain a provision prohibiting strikes for the duration of the
agreement. The grievance and
arbitration provisions of any collective bargaining agreement shall be subject
to the Illinois "Uniform Arbitration Act". The costs of such arbitration
shall be borne equally by the employer and the employee organization.
(Source: P.A. 83‑1012.)
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(5 ILCS 315/9) (from Ch. 48, par. 1609)
(Text of Section from P.A. 93‑427)
Sec. 9.
Elections; recognition.
(a) Whenever in accordance with such
regulations as may be prescribed by the Board a petition has been filed:
(1) by a public employee or group of public | ||
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(2) by a public employer alleging that one or more | ||
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(b) The Board shall decide in each case, in order to assure public employees
the fullest freedom in exercising the rights guaranteed by this Act, a 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; fragmentation
of employee groups; common supervision, wages, hours and other working
conditions of the employees involved; and the desires of the employees.
For purposes of this subsection, fragmentation shall not be the sole or
predominant factor used by the Board in determining an appropriate
bargaining unit. Except with respect to non‑State fire fighters and
paramedics employed by fire departments and fire protection districts,
non‑State peace officers and peace officers in the State
Department of State Police, a single bargaining unit determined by the
Board may not include both supervisors and nonsupervisors, except for
bargaining units in existence on the effective date of this Act. With
respect to non‑State fire fighters and paramedics employed by fire
departments and fire protection districts, non‑State peace officers and
peace officers in the State Department of State Police, a single bargaining
unit determined by the Board may not include both supervisors and
nonsupervisors, except for bargaining units in existence on the effective
date of this amendatory Act of 1985.
In cases involving an historical pattern of recognition, and in cases where
the employer has recognized the union as the sole and exclusive bargaining
agent for a specified existing unit, the Board shall find the employees
in the unit then represented by the union pursuant to the recognition to
be the appropriate unit.
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 Board shall not decide that any unit is appropriate if such unit
includes both professional and nonprofessional employees, unless a majority
of each group votes for inclusion in such unit.
(c) Nothing in this Act shall interfere with or negate the current
representation rights or patterns and practices of labor organizations
which have historically represented public employees for the purpose of
collective bargaining, including but not limited to the negotiations of
wages, hours and working conditions, discussions of employees' grievances,
resolution of jurisdictional disputes, or the establishment and maintenance
of prevailing wage rates, unless a majority of employees so represented
express a contrary desire pursuant to the procedures set forth in this Act.
(d) In instances where the employer does not voluntarily recognize a labor
organization as the exclusive bargaining representative for a unit of
employees, the Board shall determine the majority representative of the
public employees in an appropriate collective bargaining unit by conducting
a secret ballot election. Within 7 days after the Board issues its
bargaining unit determination and direction of election or the execution of
a stipulation for the purpose of a consent election, the public employer
shall submit to the labor organization the complete names and addresses of
those employees who are determined by the Board to be eligible to
participate in the election. When the Board has determined that a labor
organization has been fairly and freely chosen by a majority of employees
in an appropriate unit, it shall certify such organization as the exclusive
representative. If the Board determines that a majority of employees in an
appropriate unit has fairly and freely chosen not to be represented by a
labor organization, it shall so certify. The Board may also revoke the
certification of the public employee organizations as exclusive bargaining
representatives which have been found by a secret ballot election to be no
longer the majority representative.
(e) The Board shall not conduct an election in any bargaining unit or
any subdivision thereof within which a valid election has been held in the
preceding 12‑month period. The Board shall determine who is eligible to
vote in an election and shall establish rules governing the conduct of the
election or conduct affecting the results of the election. The Board shall
include on a ballot in a representation election a choice of "no
representation". A labor organization currently representing the bargaining
unit of employees shall be placed on the ballot in any representation
election. In any election where none of the choices on the ballot receives
a majority, a runoff election shall be conducted between the 2 choices
receiving the largest number of valid votes cast in the election. A labor
organization which receives a majority of the votes cast in an election
shall be certified by the Board as exclusive representative of all public
employees in the unit.
(f) Nothing in this or any other Act prohibits recognition of a labor
organization as the exclusive representative by a public employer by mutual
consent of the employer and the labor organization, provided that the labor
organization represents a majority of the public employees in an
appropriate unit. Any employee organization which is designated or selected
by the majority of public employees, in a unit of the public employer
having no other recognized or certified representative, as their
representative for purposes of collective bargaining may request
recognition by the public employer in writing. The public employer shall
post such request for a period of at least 20 days following its receipt
thereof on bulletin boards or other places used or reserved for employee
notices.
(g) Within the 20‑day period any other interested employee organization
may petition the Board in the manner specified by rules and regulations
of the Board, provided that such interested employee organization has been
designated by at least 10% of the employees in an appropriate bargaining
unit which includes all or some of the employees in the unit recognized
by the employer. In such event, the Board shall proceed with the petition
in the same manner as provided by paragraph (1) of subsection (a) of this
Section.
(h) No election shall be directed by the Board in any bargaining unit
where there is in force a valid collective bargaining agreement. The Board,
however, may process an election petition filed between 90 and 60 days prior
to the expiration of the date of an agreement, and may further refine, by
rule or decision, the implementation of this provision. Where more than 4
years have elapsed since the effective date of the agreement, the agreement
shall continue to bar an election, except that the Board may process an
election petition filed between 90 and 60 days prior to the end of the fifth
year of such an agreement, and between 90 and 60 days prior to the end of each
successive year of such agreement.
(i) 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 for the district in which the aggrieved party resides
or transacts business.
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.
(Source: P.A. 87‑736; 88‑1; 93‑427, eff. 8‑5‑03.)
(Text of Section from P.A. 93‑444)
Sec. 9.
Elections; recognition.
(a) Whenever in accordance with such
regulations as may be prescribed by the Board a petition has been filed:
(1) by a public employee or group of public | ||
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(2) by a public employer alleging that one or more | ||
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the Board
shall investigate such petition, and if it has reasonable cause to believe
that a question of representation exists, shall provide for an appropriate
hearing upon due notice. Such hearing shall be held at the offices of
the Board or such other location as the Board deems appropriate.
If it finds upon the record of the hearing that a question of
representation exists, it shall direct an election in accordance with
subsection (d) of this Section, which election shall be held not later than
120 days after the date the petition was filed regardless of whether that
petition was filed before or after the effective date of this amendatory
Act of 1987; provided, however, the Board may extend the time for holding an
election by an additional 60 days if, upon motion by a person who has filed
a petition under this Section or is the subject of a petition filed under
this Section and is a party to such hearing, or upon the Board's own
motion, the Board finds that good cause has been shown for extending the
election date; provided further, that nothing in this Section shall prohibit
the Board, in its discretion, from extending the time for holding an
election for so long as may be necessary under the circumstances, where the
purpose for such extension is to permit resolution by the Board of an
unfair labor practice charge filed by one of the parties to a
representational proceeding against the other based upon conduct which may
either affect the existence of a question concerning representation or have
a tendency to interfere with a fair and free election, where the party
filing the charge has not filed a request to proceed with the election; and
provided further that prior to the expiration of the total time allotted
for holding an election, a person who has filed a petition under this
Section or is the subject of a petition filed under this Section and is a
party to such hearing or the Board, may move for and obtain the entry
of an order in the circuit court of the county in which the majority of the
public employees sought to be represented by such person reside, such order
extending the date upon which the election shall be held. Such order shall
be issued by the circuit court only upon a judicial finding that there has
been a sufficient showing that there is good cause to extend the election
date beyond such period and shall require the Board to hold the
election as soon as is feasible given the totality of the circumstances.
Such 120 day period may be extended one or more times by the agreement
of all parties to the hearing to a date certain without the necessity of
obtaining a court order. Nothing in this Section prohibits the waiving
of hearings by stipulation for the purpose of a consent election in conformity
with the rules and regulations of the Board or an election in a unit agreed
upon by the parties. Other interested employee organizations may intervene
in the proceedings in the manner and within the time period specified by
rules and regulations of the Board. Interested parties who are necessary
to the proceedings may also intervene in the proceedings in the manner and
within the time period specified by the rules and regulations of the Board.
(a‑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.
(b) The Board shall decide in each case, in order to assure public employees
the fullest freedom in exercising the rights guaranteed by this Act, a 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; fragmentation
of employee groups; common supervision, wages, hours and other working
conditions of the employees involved; and the desires of the employees.
For purposes of this subsection, fragmentation shall not be the sole or
predominant factor used by the Board in determining an appropriate
bargaining unit. Except with respect to non‑State fire fighters and
paramedics employed by fire departments and fire protection districts,
non‑State peace officers and peace officers in the State
Department of State Police, a single bargaining unit determined by the
Board may not include both supervisors and nonsupervisors, except for
bargaining units in existence on the effective date of this Act. With
respect to non‑State fire fighters and paramedics employed by fire
departments and fire protection districts, non‑State peace officers and
peace officers in the State Department of State Police, a single bargaining
unit determined by the Board may not include both supervisors and
nonsupervisors, except for bargaining units in existence on the effective
date of this amendatory Act of 1985.
In cases involving an historical pattern of recognition, and in cases where
the employer has recognized the union as the sole and exclusive bargaining
agent for a specified existing unit, the Board shall find the employees
in the unit then represented by the union pursuant to the recognition to
be the appropriate unit.
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 Board shall not decide that any unit is appropriate if such unit
includes both professional and nonprofessional employees, unless a majority
of each group votes for inclusion in such unit.
(c) Nothing in this Act shall interfere with or negate the current
representation rights or patterns and practices of labor organizations
which have historically represented public employees for the purpose of
collective bargaining, including but not limited to the negotiations of
wages, hours and working conditions, discussions of employees' grievances,
resolution of jurisdictional disputes, or the establishment and maintenance
of prevailing wage rates, unless a majority of employees so represented
express a contrary desire pursuant to the procedures set forth in this Act.
(d) In instances where the employer does not voluntarily recognize a labor
organization as the exclusive bargaining representative for a unit of
employees, the Board shall determine the majority representative of the
public employees in an appropriate collective bargaining unit by conducting
a secret ballot election, except as otherwise provided in subsection (a‑5).
Within 7 days after the Board issues its
bargaining unit determination and direction of election or the execution of
a stipulation for the purpose of a consent election, the public employer
shall submit to the labor organization the complete names and addresses of
those employees who are determined by the Board to be eligible to
participate in the election. When the Board has determined that a labor
organization has been fairly and freely chosen by a majority of employees
in an appropriate unit, it shall certify such organization as the exclusive
representative. If the Board determines that a majority of employees in an
appropriate unit has fairly and freely chosen not to be represented by a
labor organization, it shall so certify. The Board may also revoke the
certification of the public employee organizations as exclusive bargaining
representatives which have been found by a secret ballot election to be no
longer the majority representative.
(e) The Board shall not conduct an election in any bargaining unit or
any subdivision thereof within which a valid election has been held in the
preceding 12‑month period. The Board shall determine who is eligible to
vote in an election and shall establish rules governing the conduct of the
election or conduct affecting the results of the election. The Board shall
include on a ballot in a representation election a choice of "no
representation". A labor organization currently representing the bargaining
unit of employees shall be placed on the ballot in any representation
election. In any election where none of the choices on the ballot receives
a majority, a runoff election shall be conducted between the 2 choices
receiving the largest number of valid votes cast in the election. A labor
organization which receives a majority of the votes cast in an election
shall be certified by the Board as exclusive representative of all public
employees in the unit.
(f) A labor
organization shall be designated as the exclusive representative by a
public employer, provided that the labor
organization represents a majority of the public employees in an
appropriate unit. Any employee organization which is designated or selected
by the majority of public employees, in a unit of the public employer
having no other recognized or certified representative, as their
representative for purposes of collective bargaining may request
recognition by the public employer in writing. The public employer shall
post such request for a period of at least 20 days following its receipt
thereof on bulletin boards or other places used or reserved for employee
notices.
(g) Within the 20‑day period any other interested employee organization
may petition the Board in the manner specified by rules and regulations
of the Board, provided that such interested employee organization has been
designated by at least 10% of the employees in an appropriate bargaining
unit which includes all or some of the employees in the unit recognized
by the employer. In such event, the Board shall proceed with the petition
in the same manner as provided by paragraph (1) of subsection (a) of this
Section.
(h) No election shall be directed by the Board in any bargaining unit
where there is in force a valid collective bargaining agreement. The Board,
however, may process an election petition filed between 90 and 60 days prior
to the expiration of the date of an agreement, and may further refine, by
rule or decision, the implementation of this provision. No collective
bargaining agreement bars an election upon the petition of persons not
parties thereto where more than 3 years have elapsed since the effective
date of the agreement.
(i) 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 for the district in which the aggrieved party resides
or transacts business.
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.
(Source: P.A. 87‑736; 88‑1; 93‑444, eff. 8‑5‑03.)
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(5 ILCS 315/10) (from Ch. 48, par. 1610)
Sec. 10.
Unfair labor practices.
(a) It shall be an unfair labor practice
for an employer or its agents:
(1) to interfere with, restrain or coerce public | ||
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(2) to discriminate in regard to hire or tenure of | ||
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(3) to discharge or otherwise discriminate against a | ||
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(4) to refuse to bargain collectively in good faith | ||
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(5) to violate any of the rules and regulations | ||
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(6) to expend or cause the expenditure of public | ||
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(7) to refuse to reduce a collective bargaining | ||
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(b) It shall be an unfair labor practice for a labor organization or its agents:
(1) to restrain or coerce public employees in the | ||
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(2) to restrain or coerce a public employer in the | ||
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(3) to cause, or attempt to cause, an employer to | ||
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(4) to refuse to bargain collectively in good faith | ||
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(5) to violate any of the rules and regulations | ||
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(6) to discriminate against any employee because he | ||
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(7) to picket or cause to be picketed, or threaten | ||
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(A) where the employer has lawfully recognized | ||
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(B) where within the preceding 12 months a valid | ||
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(C) where such picketing has been conducted | ||
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(8) to refuse to reduce a collective bargaining | ||
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(c) The expressing of any views, argument, or 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.
(Source: P.A. 86‑412; 87‑736.)
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(5 ILCS 315/11) (from Ch. 48, par. 1611)
Sec. 11.
Unfair Labor Practice Procedures.
Unfair labor practices may
be dealt with by the Board in the following manner:
(a) Whenever it is charged that any person has engaged in or is engaging
in any unfair labor practice, the Board or any agent designated by the Board
for such purposes, shall conduct an investigation of the charge. If after
such investigation the Board finds that the charge involves a dispositive
issue of law or fact the Board shall issue a complaint and cause to be
served upon the person a complaint stating the charges, accompanied by a
notice of hearing before the Board or a member thereof designated by the
Board, or before a qualified hearing officer designated by the Board at the
offices of the Board or such other location as the Board deems appropriate,
not less than 5 days after serving of such complaint provided that no
complaint shall issue based upon any unfair labor practice occurring more
than six months prior to the filing of a charge with the Board and
the service of a copy thereof upon the person against whom the charge is
made, unless the person aggrieved thereby did not reasonably have knowledge
of the alleged unfair labor practice or was prevented from filing such a
charge by reason of service in the armed forces, in which event the six
month period shall be computed from the date of his discharge. Any such
complaint may be amended by the member or hearing officer conducting the
hearing for the Board in his discretion at any time prior to the issuance
of an order based thereon. The person who is the subject of the complaint
has the right to file an answer to the original or amended complaint and
to appear in person or by a representative and give testimony at the place
and time fixed in the complaint. In the discretion of the member or hearing
officer conducting the hearing or the Board, any other person may be allowed
to intervene in the proceeding and to present testimony. In any hearing
conducted by the Board, neither the Board nor the member or agent conducting
the hearing shall be bound by the rules of evidence applicable to courts,
except as to the rules of privilege recognized by law.
(b) The Board shall have 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 the issuance of a subpoena by the
Board, the Board may apply to a court of competent jurisdiction to request
that such party be ordered to appear before the Board to testify or produce
the requested evidence.
(c) Any testimony taken by the Board, or a member designated by the Board
or a hearing officer thereof, must be reduced to writing and filed with the
Board. A full and complete record shall be kept of all proceedings before
the Board, and all proceedings shall be transcribed by a reporter appointed
by the Board. The party on whom the burden of proof rests shall be required
to sustain such burden by a preponderance of the evidence. If, upon a
preponderance of the evidence taken, the Board is of the opinion that any
person named in the charge has engaged in or is engaging in an unfair labor
practice, then it shall state its findings of fact and shall issue and
cause to be served upon the person an order requiring him to cease and
desist from the unfair labor practice, and to take such affirmative action,
including reinstatement of public employees with or without back pay, as
will effectuate the policies of this Act. If the Board awards back pay, it
shall also award interest at the rate of 7% per annum. The Board's order
may further require the person to make reports from time to time,
and demonstrate the extent to which he has complied with the order. If
there is no preponderance of evidence to indicate to the Board that the
person named in the charge has engaged in or is engaging in the unfair labor
practice, then the Board shall state its findings of fact and shall issue
an order dismissing the complaint.
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.
(d) Until the record in a case has been filed in court, the Board at any
time, upon reasonable notice and in such manner as it deems proper, may
modify or set aside, in whole or in part, any finding or order made or
issued by it.
(e) 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 afforded
directly in the appellate court for the district in which the aggrieved
party resides or transacts business, and provided, that such judicial
review shall not be available for the purpose of challenging a final order
issued by the Board pursuant to Section 9 of this Act for which judicial
review has been petitioned pursuant to subsection (i) of Section 9. 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. The
Board in proceedings under this
Section may obtain an order of the court for the enforcement of its order.
(f) Whenever it appears that any person has violated a final order of
the Board issued pursuant to this Section, the Board must 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.
The Board shall be represented in this action by the Attorney General in
accordance with the Attorney General Act. 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 the Administrative Review Law,
pending disposition of the proceedings. The court may punish a violation of
its order as in civil contempt.
(g) The proceedings provided in paragraph (f) of this Section shall be
commenced in the Appellate Court for the district where the unfair labor
practice which is the subject of the Board's order was committed, or where
a person required to cease and desist by such order resides or transacts business.
(h) The Board through the Attorney General, shall have power, upon issuance
of an unfair labor practice complaint alleging that a person has engaged
in or is engaging in an unfair labor practice, to petition the circuit court
where the alleged unfair labor 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 restraining order. Upon the filing of
any such petition, the court shall cause notice thereof to be served upon
such persons, and thereupon shall have jurisdiction to grant to the Board
such temporary relief or restraining order as it deems just and proper.
(i) If an unfair labor practice charge involves the interpretation or
application of a collective bargaining agreement and said agreement contains
a grievance procedure with binding arbitration as its terminal step, the
Board may defer the resolution of such dispute to the grievance and arbitration
procedure contained in said agreement.
(Source: P.A. 87‑736; 88‑1.)
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(5 ILCS 315/12) (from Ch. 48, par. 1612)
Sec. 12.
Mediation.
(a) The State and Local Panels in joint session
shall establish a Public Employees Mediation Roster, the services of which
shall be available to public employers and to labor organizations upon request
of the parties for the purposes of mediation of grievances or contract
disputes. Upon the request of either party, services of the Public Employees
Mediation Roster shall be available for purposes of arbitrating disputes over
interpretation or application of the terms of an agreement pursuant to Section
8. The members of the Roster shall be appointed by majority vote of the
members of both panels. Members shall be impartial, competent,
and reputable citizens of the United States, residents of the State of
Illinois, and shall qualify by taking and subscribing to the constitutional
oath or affirmation of office. The function of the mediator
shall be to communicate with the employer and exclusive representative or
their representatives and to endeavor to bring about an amicable and voluntary
settlement. Compensation of Roster members for services performed as mediators
shall be paid equally by the parties to a mediated labor dispute. The Board
shall have authority to promulgate regulations setting compensation levels for
members of the Roster, and establishing procedures for suspension or dismissal
of mediators for good cause shown following hearing.
(b) A mediator in a mediated labor dispute shall be selected by the Board
from among the members of the Roster.
(c) Nothing in this Act or any other law prohibits the use of other
mediators selected by the parties for the resolution of disputes over
interpretation or application of the terms or conditions of the collective
bargaining agreements between a public employer and a labor organization.
(d) If requested by the parties to a labor dispute, a mediator may perform
fact‑finding as set forth in Section 13.
(Source: P.A. 91‑798, eff. 7‑9‑00.)
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(5 ILCS 315/13) (from Ch. 48, par. 1613)
Sec. 13.
Fact‑finding.
(a) If, after a reasonable period of negotiation
over the terms of the agreement, or upon expiration of an existing collective
bargaining agreement and the parties have not been able to mutually resolve
the dispute, the parties may, by mutual consent initiate a fact‑finding.
(b) Within three days of such request the Board must submit to the parties
a panel of 7 qualified, disinterested persons from the Illinois Public
Employees Mediation Roster to serve as a fact‑finder. The parties to the
dispute shall designate one of the 7 persons to serve as fact‑finder. The
fact‑finder must act independently of the Board and may be the same person
who participated in the mediation of the labor dispute if both parties consent.
The person selected or appointed as fact‑finder shall immediately establish
the dates and place of hearings. Upon request, the Board shall issue subpoenas
for hearings conducted by the fact‑finder. The fact‑finder may administer
oaths. The fact‑finder shall initially determine what issues are in dispute
and therefore properly before the fact‑finder. Upon completion of the hearings,
but no later than 45 days from the date of appointment, the fact‑finder
must make written findings of facts and recommendations for resolution of the
dispute, must serve findings on the public employer and the labor organization
involved, and must publicize such findings by mailing them to all newspapers
of general circulation in the community. The fact‑finder's
findings shall be advisory only and shall not be binding upon the parties.
If the parties do not accept the recommendations of the fact‑finder as the
basis for settlement, or if the fact‑finder does not make written
findings of facts and recommendations for the resolution of the dispute and
serve and publicize such findings within 45 days of the date of
appointment, the parties may resume negotiations.
(c) The public employer and the labor organization which is certified
as exclusive representative or which is recognized as exclusive representative
in any particular bargaining unit by the state or political subdivision
are the only proper parties to the fact‑finding proceedings.
(Source: P.A. 84‑1335.)
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(5 ILCS 315/14) (from Ch. 48, par. 1614)
Sec. 14.
Security Employee, Peace Officer and Fire Fighter Disputes.
(a) In the case of collective bargaining agreements involving units of
security employees of a public employer, Peace Officer Units, or units of
fire fighters or paramedics, and in the case of disputes under Section 18,
unless the parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such agreement or
at such later time as the mediation services chosen under subsection (b) of
Section 12 can be provided to the parties. In the case of negotiations
for an initial collective bargaining agreement, mediation shall commence
upon 15 days notice from either party or at such later time as the
mediation services chosen pursuant to subsection (b) of Section 12 can be
provided to the parties. In mediation under this Section, if either party
requests the use of mediation services from the Federal Mediation and
Conciliation Service, the other party shall either join in such request or
bear the additional cost of mediation services from another source. The
mediator shall have a duty to keep the Board informed on the progress of
the mediation. If any dispute has not been resolved within 15 days after
the first meeting of the parties and the mediator, or within such other
time limit as may be mutually agreed upon by the parties, either the
exclusive representative or employer may request of the other, in writing,
arbitration, and shall submit a copy of the request to the Board.
(b) Within 10 days after such a request for arbitration has been
made, the employer shall choose a delegate and
the employees' exclusive representative shall choose a delegate to a panel
of arbitration as provided in this Section. The employer and employees
shall forthwith advise the other and the Board of their selections.
(c) Within 7 days of the request of either party, the Board shall select
from the Public Employees Labor Mediation Roster 7 persons who are on the
labor arbitration panels of either the American Arbitration Association or
the Federal Mediation and Conciliation Service, or who are members of the
National Academy of Arbitrators, as nominees for
impartial arbitrator of the arbitration panel. The parties may select an
individual on the list provided by the Board or any other individual
mutually agreed upon by the parties. Within 7 days following the receipt
of the list, the parties shall notify the Board of the person they have
selected. Unless the parties agree on an alternate selection procedure,
they shall alternatively strike one name from the list provided by the
Board until only one name remains. A coin toss shall determine which party
shall strike the first name. If the parties fail to notify the Board in a
timely manner of their selection for neutral chairman, the Board shall
appoint a neutral chairman from the Illinois Public Employees
Mediation/Arbitration Roster.
(d) The chairman shall call a hearing to begin within 15 days and give
reasonable notice of the time and place of the hearing. The hearing
shall be held at the offices of the Board or at such other location as the
Board deems appropriate. The chairman shall preside over the hearing and
shall take testimony. Any oral or documentary evidence and other data
deemed relevant by the arbitration panel may be received in evidence. The
proceedings shall be informal. Technical rules of evidence shall not apply
and the competency of the evidence shall not thereby be deemed impaired. A
verbatim record of the proceedings shall be made and the arbitrator shall
arrange for the necessary recording service. Transcripts may be ordered at
the expense of the party ordering them, but the transcripts shall not be
necessary for a decision by the arbitration panel. The expense of the
proceedings, including a fee for the chairman, established in advance by
the Board, shall be borne equally by each of the parties to the dispute.
The delegates, if public officers or employees, shall continue on the
payroll of the public employer without loss of pay. The hearing conducted
by the arbitration panel may be adjourned from time to time, but unless
otherwise agreed by the parties, shall be concluded within 30 days of the
time of its commencement. Majority actions and rulings shall constitute
the actions and rulings of the arbitration panel. Arbitration proceedings
under this Section shall not be interrupted or terminated by reason of any
unfair labor practice charge filed by either party at any time.
(e) The arbitration panel may administer oaths, require the attendance
of witnesses, and the production of such books, papers, contracts, agreements
and documents as may be deemed by it material to a just determination of
the issues in dispute, and for such purpose may issue subpoenas. If any
person refuses to obey a subpoena, or refuses to be sworn or to testify,
or if any witness, party or attorney is guilty of any contempt while in
attendance at any hearing, the arbitration panel may, or the attorney general
if requested shall, invoke the aid of any circuit court within the jurisdiction
in which the hearing is being held, which court shall issue an appropriate
order. Any failure to obey the order may be punished by the court as contempt.
(f) At any time before the rendering of an award, the chairman of the
arbitration panel, if he is of the opinion that it would be useful or
beneficial to do so, may remand the dispute to the parties for further
collective bargaining for a period not to exceed 2 weeks. If the dispute
is remanded for further collective bargaining the time provisions of this
Act shall be extended for a time period equal to that of the remand. The
chairman of the panel of arbitration shall notify the Board of the remand.
(g) At or before the conclusion of the hearing held pursuant to subsection
(d), the arbitration panel shall identify the economic issues in dispute,
and direct each of the parties to submit, within such time limit as the
panel shall prescribe, to the arbitration panel and to each other its last
offer of settlement on each economic issue. The determination of the
arbitration panel as to the issues in dispute and as to which of these
issues are economic shall be conclusive. The arbitration panel, within 30
days after the conclusion of the hearing, or such further additional
periods to which the parties may agree, shall make written findings of fact
and promulgate a written opinion and shall mail or otherwise deliver a true
copy thereof to the parties and their representatives and to the Board. As
to each economic issue, the arbitration panel shall adopt the last offer of
settlement which, in the opinion of the arbitration panel, more nearly
complies with the applicable factors prescribed in subsection (h). The
findings, opinions and order as to all other issues shall be based upon the
applicable factors prescribed in subsection (h).
(h) Where there is no agreement between the parties, or where there is
an agreement but the parties have begun negotiations or discussions looking
to a new agreement or amendment of the existing agreement, and wage rates
or other conditions of employment under the proposed new or amended agreement
are in dispute, the arbitration panel shall base its findings, opinions
and order upon the following factors, as applicable:
(1) The lawful authority of the employer.
(2) Stipulations of the parties.
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(i) In the case of peace officers, the arbitration decision shall be
limited to wages, hours, and conditions of employment (which may include
residency requirements in municipalities with a population under 1,000,000, but
those residency requirements shall not allow residency outside of Illinois)
and shall not include
the following: i) residency requirements in municipalities with a population
of at least 1,000,000; ii) the type of equipment, other
than uniforms, issued or used; iii) manning; iv) the total number of
employees employed by the department; v) mutual aid and assistance
agreements to other units of government; and vi) the criterion pursuant to
which force, including deadly force, can be used; provided, nothing herein
shall preclude an arbitration decision regarding equipment or manning
levels if such decision is based on a finding that the equipment or manning
considerations in a specific work assignment involve a serious risk to the
safety of a peace officer beyond that which is inherent in the normal
performance of police duties. Limitation of the terms of the arbitration
decision pursuant to this subsection shall not be construed to limit the
factors upon which the decision may be based, as set forth in subsection (h).
In the case of fire fighter, and fire department or fire district paramedic
matters, the arbitration decision shall be limited to wages, hours, and
conditions of employment (which may include residency requirements in
municipalities with a population under 1,000,000, but those residency
requirements shall not allow residency outside of Illinois) and shall not
include the
following matters: i) residency requirements in municipalities with a
population of at least 1,000,000; ii) the type of equipment (other than
uniforms and fire fighter turnout gear) issued or used; iii) the total
number of employees employed by the department; iv) mutual aid and
assistance agreements to other units of government; and v) the criterion
pursuant to which force, including deadly force, can be used; provided,
however, nothing herein shall preclude an arbitration decision regarding
equipment levels if such decision is based on a finding that the equipment
considerations in a specific work assignment involve a serious risk to the
safety of a fire fighter beyond that which is inherent in the normal
performance of fire fighter duties. Limitation of the terms of the
arbitration decision pursuant to this subsection shall not be construed to
limit the facts upon which the decision may be based, as set forth in
subsection (h).
The changes to this subsection (i) made by Public Act 90‑385 (relating to residency requirements) do not
apply to persons who are employed by a combined department that performs both
police and firefighting services; these persons shall be governed by the
provisions of this subsection (i) relating to peace officers, as they existed
before the amendment by Public Act 90‑385.
To preserve historical bargaining rights, this subsection shall not apply
to any provision of a fire fighter collective bargaining agreement in effect
and applicable on the effective date of this Act; provided, however, nothing
herein shall preclude arbitration with respect to any such provision.
(j) Arbitration procedures shall be deemed to be initiated by the
filing of a letter requesting mediation as required under subsection (a)
of this Section. The commencement of a new municipal fiscal year after the
initiation of arbitration procedures under this Act, but before the
arbitration decision, or its enforcement, shall not be deemed to render a
dispute moot, or to otherwise impair the jurisdiction or authority of the
arbitration panel or its decision. Increases in rates
of compensation awarded by the arbitration panel may be effective only at
the start of the fiscal year next commencing after the date of the arbitration
award. If a new fiscal year has commenced either since the initiation of
arbitration procedures under this Act or since any mutually agreed
extension of the statutorily required period of mediation
under this Act by the parties to the labor dispute causing a
delay in the initiation of arbitration, the foregoing limitations shall be
inapplicable, and such awarded increases may be retroactive to the
commencement of the fiscal year, any other statute or charter provisions to
the contrary, notwithstanding. At any time the parties, by stipulation, may
amend or modify an award of arbitration.
(k) Orders of the arbitration panel shall be reviewable, upon
appropriate petition by either the public employer or the exclusive
bargaining representative, by the circuit court for the county in which the
dispute arose or in which a majority of the affected employees reside, but
only for reasons that the arbitration panel was without or exceeded its
statutory authority; the order is arbitrary, or capricious; or the order
was procured by fraud, collusion or other similar and unlawful means. Such
petitions for review must be filed with the appropriate circuit court
within 90 days following the issuance of the arbitration order. The
pendency of such proceeding for review shall not automatically stay the
order of the arbitration panel. The party against whom the final decision
of any such court shall be adverse, if such court finds such appeal or
petition to be frivolous, shall pay reasonable attorneys' fees and costs to
the successful party as determined by said court in its discretion. If said
court's decision affirms the award of money, such award, if retroactive,
shall bear interest at the rate of 12 percent per annum from the effective
retroactive date.
(l) During the pendency of proceedings before the arbitration panel,
existing wages, hours, and other conditions of employment shall not be
changed by action of either party without the consent of the other but a
party may so consent without prejudice to his rights or position under
this Act. The proceedings are deemed to be pending before the arbitration
panel upon the initiation of arbitration procedures under this Act.
(m) Security officers of public employers, and Peace Officers, Fire
Fighters and fire department and fire protection district paramedics,
covered by this Section may not withhold services, nor may public employers
lock out or prevent such employees from performing services at any time.
(n) All of the terms decided upon by the arbitration panel shall be included
in an agreement to be submitted to the public employer's governing body
for ratification and adoption by law, ordinance or the equivalent
appropriate means.
The governing body shall review each term decided by the arbitration panel.
If the governing body fails to reject one or more terms of the
arbitration panel's decision by a 3/5 vote of those duly elected and
qualified members of the governing body, within 20 days of issuance, or
in the case of firefighters employed by a state university, at the next
regularly scheduled meeting of the governing body after issuance, such
term or terms shall become a part of the collective bargaining agreement of
the parties. If the governing body affirmatively rejects one or more terms
of the arbitration panel's decision, it must provide reasons for such
rejection with respect to each term so rejected, within 20 days of such
rejection and the parties shall return to the arbitration panel
for further proceedings and issuance of a supplemental decision with respect
to the rejected terms. Any supplemental decision by an arbitration panel
or other decision maker agreed to by the parties shall be submitted to
the governing body for ratification and adoption in accordance with the
procedures and voting requirements set forth in this Section.
The voting requirements of this subsection shall apply to all disputes
submitted to arbitration pursuant to this Section notwithstanding any
contrary voting requirements contained in any existing collective
bargaining agreement between the parties.
(o) If the governing body of the employer votes to reject the panel's
decision, the parties shall return to the panel within 30 days from the
issuance of the reasons for rejection for further proceedings and issuance
of a supplemental decision. All reasonable costs of such supplemental
proceeding including the exclusive representative's reasonable attorney's
fees, as established by the Board, shall be paid by the employer.
(p) Notwithstanding the provisions of this Section the employer and
exclusive representative may agree to submit unresolved disputes concerning
wages, hours, terms and conditions of employment to an alternative form of
impasse resolution.
(Source: P.A. 89‑195, eff. 7‑21‑95; 90‑202, eff. 7‑24‑97; 90‑385, eff.
8‑15‑97; 90‑655, eff. 7‑30‑98.)
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(5 ILCS 315/15.1) (from Ch. 48, par. 1615.1)
Sec. 15.1.
Precedents established by other labor boards.
Unless contradicted by administrative precedent previously established by
the State Panel, all final decisions in representation and unfair
labor practice cases decided by the Local Panel and the Illinois
Educational Labor Relations Board created under the Illinois Educational Labor
Relations Act which have not been reversed by subsequent court rulings, shall
be considered, but need not be followed by the State Panel.
Unless contradicted by administrative precedent previously established by
the Local Panel, all final decisions in representation and unfair
labor practice cases decided by the State Panel and the Illinois
Educational Labor Relations Board which have not been reversed by subsequent
court rulings, shall be considered, but need not be followed by the Local
Panel.
(Source: P.A. 91‑798, eff. 7‑9‑00.)
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(5 ILCS 315/16) (from Ch. 48, par. 1616)
Sec. 16.
Exhaustion of nonjudicial remedies.
After the exhaustion
of any arbitration mandated by this Act or any procedures mandated by a
collective bargaining agreement, suits for violation of agreements including
agreements entered into pursuant to Section 13(c) of the Urban Mass Transportation
Act, between a public employer and a labor organization representing public
employees may be brought by
the parties to such agreement in the circuit court in the county in which
the public employer transacts business or has its principal office.
(Source: P.A. 83‑1012.)
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(5 ILCS 315/17) (from Ch. 48, par. 1617)
Sec. 17.
Right to Strike.
(a) Nothing in this Act shall make it unlawful
or make it an unfair labor practice for public employees, other than security
employees, as defined in Section 3(p), Peace Officers, Fire Fighters,
and paramedics employed by fire departments and fire protection districts,
to strike except as otherwise provided in this Act. Public
employees who are permitted to strike may strike only if:
(1) the employees are represented by an exclusive bargaining representative;
(2) the collective bargaining agreement between the public employer and
the public employees, if any, has expired, or such collective bargaining
agreement does not prohibit the strike;
(3) the public employer and the labor organization have not mutually agreed
to submit the disputed issues to final and binding arbitration;
(4) the exclusive representative has requested a mediator pursuant to
Section 12 for the purpose of mediation or conciliation of a dispute between
the public employer and the exclusive representative and mediation has been
used; and
(5) at least 5 days have elapsed after a notice of intent to strike has
been given by the exclusive bargaining representative to the public employer.
In mediation under this Section, if either party requests the use of
mediation services from the Federal Mediation and Conciliation Service, the
other party shall either join in such request or bear the additional cost
of mediation services from another source.
(b) An employee who participates in a strike, work stoppage or
slowdown, in violation of this Act shall be subject to discipline by the
employer. No employer may pay or cause such employee to be paid any wages
or other compensation for such periods of participation, except for wages
or compensation earned before participation in such strike.
(Source: P.A. 86‑412.)
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(5 ILCS 315/18) (from Ch. 48, par. 1618)
Sec. 18.
(a) If a strike, which may constitute a clear and present danger
to the health and safety of the public is about to occur or is in
progress, the public employer concerned may petition the board to make an
investigation and conduct a hearing. Unfair labor practices committed by
the employer shall be a defense to such petition. If the board finds that
within 72 hours there is a clear and present danger to the health and safety
of the public the employer shall petition the circuit court where the strike is about
to occur or is in progress for appropriate judicial relief to stop the strike
or to set conditions and requirements which must be complied with by the
exclusive representative, to avoid or remove any such clear and present
danger. No injunctive relief shall be granted except upon a showing that
the strike constitutes a clear and present danger to the health and safety
of the public. The court
may allow the strike to occur or continue under conditions which it finds
will avoid or remove any such clear and present danger. The court shall
designate the essential employees within the affected unit whose services
are necessary to avoid or remove any such clear and present danger. Such
employees may be ordered to return to work under conditions
and requirements which the court finds to be appropriate and such order may
be only for a limited duration, and may be extended only upon demonstration
that such extension is necessary to protect the public health and safety
from a clear and present danger.
If the court orders any of the employees in the affected unit to return
to work it shall require the employer and exclusive representative to participate
in the impasse arbitration
procedures set forth in Section 14 of this Act. The Court shall determine
for which employees such procedures in Section 14 shall apply.
(b) Equitable defenses such as unclean hands and any unfair labor practices
committed by the employer shall be considered as defenses by the court.
Failure to agree to a proposal or to make a concession is not per se a violation
of the unclean hands doctrine.
(c) If any employee or employee organization fails to comply with any
order of the Court issued pursuant to this Section, the employer may institute
judicial proceedings to enforce the order of the court.
(Source: P.A. 83‑1012.)
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(5 ILCS 315/19) (from Ch. 48, par. 1619)
Sec. 19.
Any collective bargaining agreement entered into prior to the
effective date of this Act shall remain in full force during its duration.
(Source: P.A. 83‑1012.)
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(5 ILCS 315/21) (from Ch. 48, par. 1621)
Sec. 21.
Subject to the appropriation power of the employer, employers
and exclusive representatives may negotiate multi‑year collective bargaining
agreements pursuant to the provisions of this Act.
(Source: P.A. 83‑1012.)
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(5 ILCS 315/22) (from Ch. 48, par. 1622)
Sec. 22.
Bi‑state development agency.
(A) In further effectuation of that
certain compact between the States of Missouri and Illinois
heretofore made and entered into on September 20, 1949, the bistate
development agency, created by and under the aforesaid compact, is
authorized and directed to exercise the following duties, functions and
powers in relation to its public transportation operation, in addition to
those heretofore expressly authorized, which are necessary and appropriate
to effectuate the compact:
(1) To deal with and enter into written contracts with the employees of
the bistate agency or any other operator of its public transportation
system through accredited representatives or such employees or
representatives of any labor organization authorized to act for such
employees, concerning wages, salaries, hours, working conditions, pension
or retirement provisions, and insurance benefits. The obligation of the
bistate agency to deal with such employee representatives shall not be
limited or restricted by any other provisions of law, but shall extend to
all subjects which are or may be proper subjects of collective bargaining
with a private employer under Section 8(d) of the National Labor Relations
Act, 29 U.S.C. Section 158(d);
(2) To provide for the retirement and pension, health, medical, dental,
and other welfare benefits of its officers and employees and the widows and
children of the deceased officers and employees, and their dependents, and
to provide for paying benefits upon disability or death of its officers and
employees and to make payments from its funds to provide for such
retirement, pension, health, medical, dental and other welfare benefits and
death or disability benefits;
(3) To settle labor disputes by arbitration. Whenever any labor dispute
arises in the operation of any public transportation service operated by or
for the bistate agency, and collective bargaining does not result in an
agreement, the bistate agency shall submit such dispute to arbitration by a
board composed of three persons; one appointed by the bistate agency, one
appointed by the representative of the employees, and a third member, who
shall serve as chairman, to be selected from a current listing of the
membership of the National Academy of Arbitrators by agreement of the
parties or, in the absence of such agreement, by obtaining a listing of 7
such members of the National Academy from the American Arbitration
Association or from the Federal Mediation and Conciliation Service and by
alternately striking one name from the list so supplied until only one name
remains. The representative of the employees and of the bistate agency
shall determine by lot who shall first strike from the list. The
arbitration panel shall base its findings, opinions and order upon the
following factors, as applicable:
1. The lawful authority of the employer.
2. Stipulations of the parties.
3. The interests and welfare of the public and the financial ability of
the unit of government to meet those costs.
4. Comparison of the wages, hours and conditions of employment of other
employees performing similar services and with other employees generally:
a. In public employment in comparable communities.
b. In private employment in comparable communities.
5. The average consumer prices for goods and services, commonly known as
the cost of living.
6. The overall compensation presently received by the employees,
including direct wage compensation, vacation, holidays and other excused
time, insurance and pensions, medical and hospitalization benefits, the
continuity and stability of employment and all other benefits received.
7. Changes in any of the foregoing circumstances during the pendency of
the arbitration proceedings.
8. Such other factors, not confined to the foregoing, which are normally
or traditionally taken into consideration in the determination of wages,
hours and conditions of employment through voluntary collective bargaining,
mediation, fact‑finding, arbitration or otherwise between the parties, in
the public service or in private employment. The expenses of arbitration
shall be borne equally by the parties, and each party shall bear its own
costs. Unless otherwise agreed by the parties or determined by the
arbitration board, all contract conditions shall remain undisturbed during
the arbitration proceedings until issuance of the final award. All of the
terms decided upon by the arbitration panel shall be included in an
agreement to be submitted to an arbitration review committee comprised of
the Secretary of Transportation for the State of Illinois, one
representative jointly selected by the Mayor of the City of St. Louis and
the St. Louis County Executive, and the Chairman of the Bi‑state
Development Agency for ratification and adoption by law, ordinance or the
equivalent appropriate means.
The committee shall review each term decided by the arbitration panel.
If the committee fails to accept or reject one or more terms of the
arbitration panel's decision, within 20 days of issuance, such term or
terms shall become a part of the collective bargaining agreement of the
parties. If the committee affirmatively rejects one or more terms of the
arbitration panel's decision, it must provide reasons for such rejection
with respect to each term so rejected, and the parties shall return to the
arbitration panel for further proceedings and issuance of a supplemental
decision with respect to the rejected terms. Any supplemental decision by
an arbitration panel or other decision maker agreed to by the parties shall
be submitted to the committee for ratification and adoption in accordance
with the procedures set forth in this Section. The term "labor dispute"
shall be broadly construed and shall include any controversy concerning
wages, salaries, hours, working conditions or benefits, including health
and welfare, sick leave, insurance and pension or retirement provisions,
the making or maintaining of collective bargaining agreements, and the
terms to be included in such agreement. The adjustment of grievances,
questions concerning representation, and any other difference or question
that may arise between the parties are subject to the arbitration award
which shall be final and binding and not subject to the arbitration review
process. In determining any question of representation, including, without
limitation, whether a labor organization represents a majority of
employees, or whether a proposed unit is an appropriate unit for collective
bargaining, or whether an election shall be held to determine the question
of representation, and otherwise in establishing rules and regulations
governing representation petitions and the conduct of hearings and
elections, the arbitration board shall be guided by relevant federal law
and administrative practice developed under Section 9 of the National Labor
Relations Act, as amended, 29 U.S.C. Section 159;
(4) To give effect to and comply with 49 U.S.C. Section 1609(c) and any
employee protective arrangements entered into pursuant thereto, in the
event the bistate agency receives federal assistance under the Urban Mass
Transportation Act, as amended, in aid of any public transportation system
owned or controlled by it. The bistate agency shall enter into such
protective arrangements with the representatives of employees affected by
such assistance as may be necessary to protect the rights and interests of
such employees, including, without limitation:
(a) The preservation of rights, privileges and benefits (including
continuation of pension rights and benefits under existing collective
bargaining agreements or otherwise);
(b) The continuation of collective bargaining rights;
(c) The protection of individual employees against a worsening of their
positions with respect to their employment;
(d) Assurances of employment to such employees and priority of
reemployment of such employees terminated or laid off; and
(e) Paid training and retraining programs;
(5) To extend to the employees of any public transportation system owned
or controlled by the bistate agency, in accordance with seniority, prior to
commencing to operate any new or supplemental transportation service, or
entering into any contractual or other arrangement for the operation of
such service, the first opportunity for reasonably comparable employment in
any new jobs, in respect to such new or supplemental operations, for which
they can qualify after a reasonable training period. The wages, hours and
working conditions for employees assigned to such new or supplemental
operations shall be a proper subject of negotiation and arbitration under
the compact between the bistate agency and the representatives of the
employees affected by such new or supplemental services;
(6) Notwithstanding any other provision of law, to make deductions from
wages and salaries of its employee upon receipt of authorization therefor
for the payment of union dues, fees or assessments; for the payment of
contributions pursuant to any health and welfare plan or pension plan; or
for any other purpose for which deductions may be authorized by employees
of any private employer, where such deductions are pursuant to a collective
bargaining agreement entered into or assumed by the bistate agency.
(B) Any employee who participates in a strike, work stoppage or slowdown
in violation of this Act shall be subject to discipline by the employer.
No employer may pay or cause such employee to be paid any wages or other
compensation for such periods of participation except for wages or
compensation earned before participation in such strike.
(Source: P.A. 84‑1438.)
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(5 ILCS 315/23) (from Ch. 48, par. 1623)
Sec. 23.
State Mandates Act.
The General Assembly finds that pursuant
to the exemption provided for in subsection (a) of Section 6 of The State
Mandates Act and the exclusions provided for in subparts (2) and (5) of
subsection (a) of Section 8 of that Act, that the State is relieved of all
reimbursement liability for the implementation of this Act.
(Source: P.A. 83‑1012.)
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(5 ILCS 315/24) (from Ch. 48, par. 1624)
Sec. 24.
Meetings.
The provisions of the Open Meetings Act shall not
apply to collective bargaining negotiations and grievance arbitration conducted
pursuant to this Act.
(Source: P.A. 83‑1012.)
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(5 ILCS 315/25) (from Ch. 48, par. 1625)
Sec. 25.
For purposes of this Act, the State of Illinois waives sovereign immunity.
(Source: P.A. 83‑1012.)
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(5 ILCS 315/27) (from Ch. 48, par. 1627)
Sec. 27.
Except as provided in Section 18 herein, the provisions of "An
Act relating to disputes concerning terms and conditions of employment",
approved June 19, 1925, as now or hereafter amended, apply.
(Source: P.A. 83‑1012.)
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