Public Act 098-0535

SB1830 Enrolled LRB098 08153 JDS 38246 b

AN ACT concerning government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Public Labor Relations Act is

amended by changing Sections 12 and 14 as follows:

(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 but not the obligation 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.)

(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 after the request of either party, the

parties shall request a panel of impartial arbitrators from

which they shall select the neutral chairman according to the

procedures provided in this Section. If the parties have agreed

to a contract that contains a grievance resolution procedure as

provided in Section 8, the chairman shall be selected using

their agreed contract procedure unless they mutually agree to

another procedure. If the parties fail to notify the Board of

their selection of neutral chairman within 7 days after receipt

of the list of impartial arbitrators, the Board shall appoint,

at random, a neutral chairman from the list. In the absence of

an agreed contract procedure for selecting an impartial

arbitrator, either party may request a panel from the Board.

Within 7 days of the request of either party, the Board shall

select from the Public Employees Labor Mediation Roster 7

persons who are on the labor arbitration panels of either the

American Arbitration Association or the Federal Mediation and

Conciliation Service, or who are members of the National

Academy of Arbitrators, as nominees for impartial arbitrator of

the arbitration panel. The parties may select an individual on

the list provided by the Board or any other individual mutually

agreed upon by the parties. Within 7 days following the receipt

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.

(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 the employees involved in the arbitration

proceeding with 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, vacations,

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.

(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. 96-813, eff. 10-30-09.)