Rep. Joe Sosnowski
Filed: 2/28/2013
 
 


 




09800HB2233ham001LRB098 08132 JDS 41678 a



1
AMENDMENT TO HOUSE BILL 2233 




2 AMENDMENT NO. ______. Amend House Bill 2233 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Public Labor Relations Act is 
5amended by changing Sections 14 and 24 as follows:




6 (5 ILCS 315/14) (from Ch. 48, par. 1614)



7 Sec. 14. Security Employee, Peace Officer and Fire Fighter 
8Disputes. 

9 (a) In the case of collective bargaining agreements 
10involving units of
security employees of a public employer, 
11Peace Officer Units, or units of
fire fighters or paramedics, 
12and in the case of disputes under Section 18,
unless the 
13parties mutually agree to some other time limit, mediation

14shall commence 30 days prior to the expiration date of such 
15agreement or
at such later time as the mediation services 
16chosen under subsection (b) of
Section 12 can be provided to 
 
 
09800HB2233ham001- 2 -LRB098 08132 JDS 41678 a


1the parties. In the case of negotiations
for an initial 
2collective bargaining agreement, mediation shall commence
upon 
315 days notice from either party or at such later time as the

4mediation services chosen pursuant to subsection (b) of Section 
512 can be
provided to the parties. In mediation under this 
6Section, if either party
requests the use of mediation services 
7from the Federal Mediation and
Conciliation Service, the other 
8party shall either join in such request or
bear the additional 
9cost of mediation services from another source. The
mediator 
10shall have a duty to keep the Board informed on the progress of

11the mediation. If any dispute has not been resolved within 15 
12days after
the first meeting of the parties and the mediator, 
13or within such other
time limit as may be mutually agreed upon 
14by the parties, either the
exclusive representative or employer 
15may request of the other, in writing,
arbitration, and shall 
16submit a copy of the request to the Board.

17 (b) Within 10 days after such a request for arbitration has 
18been
made, the employer shall choose a delegate and
the 
19employees' exclusive representative shall choose a delegate to 
20a panel
of arbitration as provided in this Section. The 
21employer and employees
shall forthwith advise the other and the 
22Board of their selections.

23 (c) Within 7 days after the request of either party, the 
24parties shall request a panel of impartial arbitrators from 
25which they shall select the neutral chairman according to the 
26procedures provided in this Section. If the parties have agreed 
 
 
09800HB2233ham001- 3 -LRB098 08132 JDS 41678 a


1to a contract that contains a grievance resolution procedure as 
2provided in Section 8, the chairman shall be selected using 
3their agreed contract procedure unless they mutually agree to 
4another procedure. If the parties fail to notify the Board of 
5their selection of neutral chairman within 7 days after receipt 
6of the list of impartial arbitrators, the Board shall appoint, 
7at random, a neutral chairman from the list. In the absence of 
8an agreed contract procedure for selecting an impartial 
9arbitrator, either party may request a panel from the Board. 
10Within 7 days of the request of either party, the Board shall 
11select
from the Public Employees Labor Mediation Roster 7 
12persons who are on the
labor arbitration panels of either the 
13American Arbitration Association or
the Federal Mediation and 
14Conciliation Service, or who are members of the
National 
15Academy of Arbitrators, as nominees for
impartial arbitrator of 
16the arbitration panel. The parties may select an
individual on 
17the list provided by the Board or any other individual
mutually 
18agreed upon by the parties. Within 7 days following the receipt

19of the list, the parties shall notify the Board of the person 
20they have
selected. Unless the parties agree on an alternate 
21selection procedure,
they shall alternatively strike one name 
22from the list provided by the
Board until only one name 
23remains. A coin toss shall determine which party
shall strike 
24the first name. If the parties fail to notify the Board in a

25timely manner of their selection for neutral chairman, the 
26Board shall
appoint a neutral chairman from the Illinois Public 
 
 
09800HB2233ham001- 4 -LRB098 08132 JDS 41678 a


1Employees
Mediation/Arbitration Roster.

2 (d) The chairman shall call a hearing to begin within 15 
3days and give
reasonable notice of the time and place of the 
4hearing. The interest arbitration hearing shall be open to the 
5public and held within the district or boundaries of the public 
6employer, unless both parties agree to close the hearing to the 
7public, in which case the The hearing
shall be held at the 
8offices of the Board or at such other location as the
Board 
9deems appropriate. The chairman shall preside over the hearing 
10and
shall take testimony. Any oral or documentary evidence and 
11other data
deemed relevant by the arbitration panel may be 
12received in evidence. The
proceedings shall be informal. 
13Technical rules of evidence shall not apply
and the competency 
14of the evidence shall not thereby be deemed impaired. A

15verbatim record of the proceedings shall be made and the 
16arbitrator shall
arrange for the necessary recording service. 
17Transcripts may be ordered at
the expense of the party ordering 
18them, but the transcripts shall not be
necessary for a decision 
19by the arbitration panel. The expense of the
proceedings, 
20including a fee for the chairman, established in advance by
the 
21Board, shall be borne equally by each of the parties to the 
22dispute.
The delegates, if public officers or employees, shall 
23continue on the
payroll of the public employer without loss of 
24pay. The hearing conducted
by the arbitration panel may be 
25adjourned from time to time, but unless
otherwise agreed by the 
26parties, shall be concluded within 30 days of the
time of its 
 
 
09800HB2233ham001- 5 -LRB098 08132 JDS 41678 a


1commencement. Majority actions and rulings shall constitute

2the actions and rulings of the arbitration panel. Arbitration 
3proceedings
under this Section shall not be interrupted or 
4terminated by reason of any
unfair labor practice charge filed 
5by either party at any time.

6 (e) The arbitration panel may administer oaths, require the 
7attendance
of witnesses, and the production of such books, 
8papers, contracts, agreements
and documents as may be deemed by 
9it material to a just determination of
the issues in dispute, 
10and for such purpose may issue subpoenas. If any
person refuses 
11to obey a subpoena, or refuses to be sworn or to testify,
or if 
12any witness, party or attorney is guilty of any contempt while 
13in
attendance at any hearing, the arbitration panel may, or the 
14attorney general
if requested shall, invoke the aid of any 
15circuit court within the jurisdiction
in which the hearing is 
16being held, which court shall issue an appropriate
order. Any 
17failure to obey the order may be punished by the court as 
18contempt.

19 (f) At any time before the rendering of an award, the 
20chairman of the
arbitration panel, if he is of the opinion that 
21it would be useful or
beneficial to do so, may remand the 
22dispute to the parties for further
collective bargaining for a 
23period not to exceed 2 weeks. If the dispute
is remanded for 
24further collective bargaining the time provisions of this
Act 
25shall be extended for a time period equal to that of the 
26remand. The
chairman of the panel of arbitration shall notify 
 
 
09800HB2233ham001- 6 -LRB098 08132 JDS 41678 a


1the Board of the remand.

2 (g) At or before the conclusion of the hearing held 
3pursuant to subsection
(d), the arbitration panel shall 
4identify the economic issues in dispute,
and direct each of the 
5parties to submit, within such time limit as the
panel shall 
6prescribe, to the arbitration panel and to each other its last

7offer of settlement on each economic issue. The determination 
8of the
arbitration panel as to the issues in dispute and as to 
9which of these
issues are economic shall be conclusive. The 
10arbitration panel, within 30
days after the conclusion of the 
11hearing, or such further additional
periods to which the 
12parties may agree, shall make written findings of fact
and 
13promulgate a written opinion and shall mail or otherwise 
14deliver a true
copy thereof to the parties and their 
15representatives and to the Board. As
to each economic issue, 
16the arbitration panel shall adopt the last offer of
settlement 
17which, in the opinion of the arbitration panel, more nearly

18complies with the applicable factors prescribed in subsection 
19(h). The
findings, opinions and order as to all other issues 
20shall be based upon the
applicable factors prescribed in 
21subsection (h).

22 (h) Where there is no agreement between the parties, or 
23where there is
an agreement but the parties have begun 
24negotiations or discussions looking
to a new agreement or 
25amendment of the existing agreement, and wage rates
or other 
26conditions of employment under the proposed new or amended 
 
 
09800HB2233ham001- 7 -LRB098 08132 JDS 41678 a


1agreement
are in dispute, the arbitration panel shall base its 
2findings, opinions
and order upon the following factors, as 
3applicable:


4  (1) The lawful authority of the employer.


5  (2) Stipulations of the parties.


6  (3) The interests and welfare of the public and the 
7 financial ability
of the unit of government to meet those 
8 costs.


9  (4) Comparison of the wages, hours and conditions of 
10 employment of the
employees involved in the arbitration 
11 proceeding with the wages, hours and
conditions of 
12 employment of other employees performing similar services

13 and with other employees generally:


14   (A) In public employment in comparable 
15 communities.


16   (B) In private employment in comparable 
17 communities.


18  (5) The average consumer prices for goods and services, 
19 commonly known
as the cost of living.


20  (6) The overall compensation presently received by the 
21 employees,
including
direct wage compensation, vacations, 
22 holidays and other excused time, insurance
and pensions, 
23 medical and hospitalization benefits, the continuity and

24 stability of employment and all other benefits received.


25  (7) Changes in any of the foregoing circumstances 
26 during the pendency
of the arbitration proceedings.


 
 
09800HB2233ham001- 8 -LRB098 08132 JDS 41678 a


1  (8) Such other factors, not confined to the foregoing, 
2 which are normally
or traditionally taken into 
3 consideration in the determination of wages,
hours and 
4 conditions of employment through voluntary collective 
5 bargaining,
mediation, fact-finding, arbitration or 
6 otherwise between the parties, in
the public service or in 
7 private employment.

8 (i) In the case of peace officers, the arbitration decision 
9shall be
limited to wages, hours, and conditions of employment 
10(which may include
residency requirements in municipalities 
11with a population under 1,000,000, but
those residency 
12requirements shall not allow residency outside of Illinois)
and 
13shall not include
the following: i) residency requirements in 
14municipalities with a population
of at least 1,000,000; ii) the 
15type of equipment, other
than uniforms, issued or used; iii) 
16manning; iv) the total number of
employees employed by the 
17department; v) mutual aid and assistance
agreements to other 
18units of government; and vi) the criterion pursuant to
which 
19force, including deadly force, can be used; provided, nothing 
20herein
shall preclude an arbitration decision regarding 
21equipment or manning
levels if such decision is based on a 
22finding that the equipment or manning
considerations in a 
23specific work assignment involve a serious risk to the
safety 
24of a peace officer beyond that which is inherent in the normal

25performance of police duties. Limitation of the terms of the 
26arbitration
decision pursuant to this subsection shall not be 
 
 
09800HB2233ham001- 9 -LRB098 08132 JDS 41678 a


1construed to limit the
factors upon which the decision may be 
2based, as set forth in subsection (h).

3 In the case of fire fighter, and fire department or fire 
4district paramedic
matters, the arbitration decision shall be 
5limited to wages, hours, and
conditions of employment (which 
6may include residency requirements in
municipalities with a 
7population under 1,000,000, but those residency
requirements 
8shall not allow residency outside of Illinois) and shall not

9include the
following matters: i) residency requirements in 
10municipalities with a
population of at least 1,000,000; ii) the 
11type of equipment (other than
uniforms and fire fighter turnout 
12gear) issued or used; iii) the total
number of employees 
13employed by the department; iv) mutual aid and
assistance 
14agreements to other units of government; and v) the criterion

15pursuant to which force, including deadly force, can be used; 
16provided,
however, nothing herein shall preclude an 
17arbitration decision regarding
equipment levels if such 
18decision is based on a finding that the equipment

19considerations in a specific work assignment involve a serious 
20risk to the
safety of a fire fighter beyond that which is 
21inherent in the normal
performance of fire fighter duties. 
22Limitation of the terms of the
arbitration decision pursuant to 
23this subsection shall not be construed to
limit the facts upon 
24which the decision may be based, as set forth in
subsection 
25(h).

26 The changes to this subsection (i) made by Public Act 
 
 
09800HB2233ham001- 10 -LRB098 08132 JDS 41678 a


190-385 (relating to residency requirements) do not
apply to 
2persons who are employed by a combined department that performs 
3both
police and firefighting services; these persons shall be 
4governed by the
provisions of this subsection (i) relating to 
5peace officers, as they existed
before the amendment by Public 
6Act 90-385.

7 To preserve historical bargaining rights, this subsection 
8shall not apply
to any provision of a fire fighter collective 
9bargaining agreement in effect
and applicable on the effective 
10date of this Act; provided, however, nothing
herein shall 
11preclude arbitration with respect to any such provision.

12 (j) Arbitration procedures shall be deemed to be initiated 
13by the
filing of a letter requesting mediation as required 
14under subsection (a)
of this Section. The commencement of a new 
15municipal fiscal year after the
initiation of arbitration 
16procedures under this Act, but before the
arbitration decision, 
17or its enforcement, shall not be deemed to render a
dispute 
18moot, or to otherwise impair the jurisdiction or authority of 
19the
arbitration panel or its decision. Increases in rates
of 
20compensation awarded by the arbitration panel may be effective 
21only at
the start of the fiscal year next commencing after the 
22date of the arbitration
award. If a new fiscal year has 
23commenced either since the initiation of
arbitration 
24procedures under this Act or since any mutually agreed

25extension of the statutorily required period of mediation
under 
26this Act by the parties to the labor dispute causing a
delay in 
 
 
09800HB2233ham001- 11 -LRB098 08132 JDS 41678 a


1the initiation of arbitration, the foregoing limitations shall 
2be
inapplicable, and such awarded increases may be retroactive 
3to the
commencement of the fiscal year, any other statute or 
4charter provisions to
the contrary, notwithstanding. At any 
5time the parties, by stipulation, may
amend or modify an award 
6of arbitration.

7 (k) Orders of the arbitration panel shall be reviewable, 
8upon
appropriate petition by either the public employer or the 
9exclusive
bargaining representative, by the circuit court for 
10the county in which the
dispute arose or in which a majority of 
11the affected employees reside, but
only for reasons that the 
12arbitration panel was without or exceeded its
statutory 
13authority; the order is arbitrary, or capricious; or the order

14was procured by fraud, collusion or other similar and unlawful 
15means. Such
petitions for review must be filed with the 
16appropriate circuit court
within 90 days following the issuance 
17of the arbitration order. The
pendency of such proceeding for 
18review shall not automatically stay the
order of the 
19arbitration panel. The party against whom the final decision
of 
20any such court shall be adverse, if such court finds such 
21appeal or
petition to be frivolous, shall pay reasonable 
22attorneys' fees and costs to
the successful party as determined 
23by said court in its discretion. If said
court's decision 
24affirms the award of money, such award, if retroactive,
shall 
25bear interest at the rate of 12 percent per annum from the 
26effective
retroactive date.

 
 
09800HB2233ham001- 12 -LRB098 08132 JDS 41678 a


1 (l) During the pendency of proceedings before the 
2arbitration panel,
existing wages, hours, and other conditions 
3of employment shall not be
changed by action of either party 
4without the consent of the other but a
party may so consent 
5without prejudice to his rights or position under
this Act. The 
6proceedings are deemed to be pending before the arbitration

7panel upon the initiation of arbitration procedures under this 
8Act.

9 (m) Security officers of public employers, and Peace 
10Officers, Fire
Fighters and fire department and fire protection 
11district paramedics,
covered by this Section may not withhold 
12services, nor may public employers
lock out or prevent such 
13employees from performing services at any time.

14 (n) All of the terms decided upon by the arbitration panel 
15shall be included
in an agreement to be submitted to the public 
16employer's governing body
for ratification and adoption by law, 
17ordinance or the equivalent
appropriate means.

18 The governing body shall review each term decided by the 
19arbitration panel.
If the governing body fails to reject one or 
20more terms of the
arbitration panel's decision by a 3/5 vote of 
21those duly elected and
qualified members of the governing body, 
22within 20 days of issuance, or
in the case of firefighters 
23employed by a state university, at the next
regularly scheduled 
24meeting of the governing body after issuance, such
term or 
25terms shall become a part of the collective bargaining 
26agreement of
the parties. If the governing body affirmatively 
 
 
09800HB2233ham001- 13 -LRB098 08132 JDS 41678 a


1rejects one or more terms
of the arbitration panel's decision, 
2it must provide reasons for such
rejection with respect to each 
3term so rejected, within 20 days of such
rejection and the 
4parties shall return to the arbitration panel
for further 
5proceedings and issuance of a supplemental decision with 
6respect
to the rejected terms. Any supplemental decision by an 
7arbitration panel
or other decision maker agreed to by the 
8parties shall be submitted to
the governing body for 
9ratification and adoption in accordance with the
procedures and 
10voting requirements set forth in this Section.
The voting 
11requirements of this subsection shall apply to all disputes

12submitted to arbitration pursuant to this Section 
13notwithstanding any
contrary voting requirements contained in 
14any existing collective
bargaining agreement between the 
15parties.

16 (o) If the governing body of the employer votes to reject 
17the panel's
decision, the parties shall return to the panel 
18within 30 days from the
issuance of the reasons for rejection 
19for further proceedings and issuance
of a supplemental 
20decision. All reasonable costs of such supplemental
proceeding 
21including the exclusive representative's reasonable attorney's

22fees, as established by the Board, shall be paid by the 
23employer.

24 (p) Notwithstanding the provisions of this Section the 
25employer and
exclusive representative may agree to submit 
26unresolved disputes concerning
wages, hours, terms and 
 
 
09800HB2233ham001- 14 -LRB098 08132 JDS 41678 a


1conditions of employment to an alternative form of
impasse 
2resolution.

3(Source: P.A. 96-813, eff. 10-30-09.)





4 (5 ILCS 315/24) (from Ch. 48, par. 1624)



5 Sec. 24. Meetings. The provisions of the Open Meetings Act 
6shall not
apply to collective bargaining negotiations and 
7grievance arbitration conducted
pursuant to this Act. However, 
8the negotiation sessions for initial or successor collective 
9bargaining agreements between a public employer and a labor 
10organization shall be open to the public and held within the 
11district or boundaries of the public employer, unless both 
12parties agree to close the negotiation sessions to the public. 

13(Source: P.A. 83-1012.)".