SB1229 EnrolledLRB099 09241 AWJ 29444 b



1 AN ACT concerning State government.


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

3represented in the General Assembly:



4 Section 5. The Illinois Public Labor Relations Act is 
5amended by changing Section 7 as follows:




6 (5 ILCS 315/7) (from Ch. 48, par. 1607)



7 Sec. 7. Duty to bargain. A public employer and the 
8exclusive representative
have the authority and the duty to 
9bargain collectively set forth in this
Section.

10 For the purposes of this Act, "to bargain collectively" 
11means the performance
of the mutual obligation of the public 
12employer or his designated
representative and the 
13representative of the public employees to meet at
reasonable 
14times, including meetings in advance of the budget-making 
15process,
and to negotiate in good faith with respect to wages, 
16hours, and other
conditions
of employment, not excluded by 
17Section 4 of this Act, or the negotiation
of an agreement, or 
18any question arising
thereunder and the execution of a written 
19contract incorporating any agreement
reached if requested by 
20either party, but such obligation does not compel
either party 
21to agree to a proposal or require the making of a concession.

22 The duty "to bargain collectively" shall also include an 
23obligation to
negotiate over any matter with respect to wages, 
 
 
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1hours and other conditions
of employment, not specifically 
2provided for in any other law or not specifically
in violation 
3of the provisions
of any law. If any other law pertains, in 
4part, to a matter affecting
the wages, hours and other 
5conditions of employment, such other law shall
not be construed 
6as limiting the duty "to bargain collectively" and to enter

7into collective bargaining agreements containing clauses which 
8either supplement,
implement, or relate to the effect of such 
9provisions in other laws.

10 The duty "to bargain collectively" shall also include 
11negotiations
as to the terms of a collective bargaining 
12agreement.
The parties may, by mutual agreement, provide for 
13arbitration of impasses
resulting from their inability to agree 
14upon wages, hours and terms and
conditions of employment to be 
15included in a collective bargaining agreement.
Such 
16arbitration provisions shall be subject to the Illinois 
17"Uniform Arbitration
Act" unless agreed by the parties.

18 The duty "to bargain collectively" shall also mean that no 
19party to a collective
bargaining contract shall terminate or 
20modify such contract, unless the
party desiring such 
21termination or modification:

22  (1) serves a written notice upon the other party to the 
23 contract of the
proposed termination or modification 60 
24 days prior to the expiration date
thereof, or in the event 
25 such contract contains no expiration date, 60 days
prior to 
26 the time it is proposed to make such termination or 
 
 
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1 modification;

2  (2) offers to meet and confer with the other party for 
3 the purpose of
negotiating a new contract or a contract 
4 containing the proposed modifications;

5  (3) notifies the Board within 30 days after such notice 
6 of the existence
of a dispute, provided no agreement has 
7 been reached by that time; and

8  (4) continues in full force and effect, without 
9 resorting to strike or
lockout, all the terms and 
10 conditions of the existing contract for a period
of 60 days 
11 after such notice is given to the other party or until the 
12 expiration
date of such contract, whichever occurs later.

13 The duties imposed upon employers, employees and labor 
14organizations by
paragraphs (2), (3) and (4) shall become 
15inapplicable upon an intervening
certification of the Board, 
16under which the labor organization, which is
a party to the 
17contract, has been superseded as or ceased to be the exclusive

18representative
of the employees pursuant to the provisions of 
19subsection (a) of Section
9, and the duties so imposed shall 
20not be construed as requiring either
party to discuss or agree 
21to any modification of the terms and conditions
contained in a 
22contract for a fixed period, if such modification is to become

23effective before such terms and conditions can be reopened 
24under the provisions
of the contract.

25 Collective bargaining for home care and home health workers 
26who function as personal assistants and individual maintenance 
 
 
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1home health workers
under
the Home Services Program shall be 
2limited to the terms and conditions of
employment
under the 
3State's control, as defined in Public Act 93-204 or this 
4amendatory Act of the 97th General Assembly, as applicable. 

5 Collective bargaining for child and day care home providers 
6under the child care assistance program shall be limited to the 
7terms and conditions of employment under the State's control, 
8as defined in this amendatory Act of the 94th General Assembly.

9 Notwithstanding any other provision of this Section, 
10whenever collective bargaining is for the purpose of 
11establishing an initial agreement following original 
12certification of units with fewer than 35 employees, with 
13respect to public employees other than peace officers, fire 
14fighters, and security employees, the following apply:
15  (1) Not later than 10 days after receiving a written 
16 request for collective bargaining from a labor 
17 organization that has been newly certified as a 
18 representative as defined in Section 6(c), or within such 
19 further period as the parties agree upon, the parties shall 
20 meet and commence to bargain collectively and shall make 
21 every reasonable effort to conclude and sign a collective 
22 bargaining agreement.
23  (2) If anytime after the expiration of the 90-day 
24 period beginning on the date on which bargaining is 
25 commenced the parties have failed to reach an agreement, 
26 either party may notify the Illinois Public Labor Relations 
 
 
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1 Board of the existence of a dispute and request mediation 
2 in accordance with the provisions of Section 14 of this 
3 Act.
4  (3) If after the expiration of the 30-day period 
5 beginning on the date on which mediation commenced, or such 
6 additional period as the parties may agree upon, the 
7 mediator is not able to bring the parties to agreement by 
8 conciliation, either the exclusive representative of the 
9 employees or the employer may request of the other, in 
10 writing, arbitration and shall submit a copy of the request 
11 to the board. Upon submission of the request for 
12 arbitration, the parties shall be required to participate 
13 in the impasse arbitration procedures set forth in Section 
14 14 of this Act, except the right to strike shall not be 
15 considered waived pursuant to Section 17 of this Act, until 
16 the actual convening of the arbitration hearing. 
17 With respect to collective bargaining agreements, expiring 
18on or after June 30, 2015 but on or before June 30, 2019, 
19between the State of Illinois and a unit or units of employees 
20of State agencies which are not resolved by the expiration date 
21of the agreement, mediation of the outstanding issues shall be 
22initiated within 30 days from the expiration of the agreement 
23or the effective date of this amendatory Act of the 99th 
24General Assembly. Should a mediator be unable to bring the 
25parties to agreement through conciliation within 30 days of the 
26commencement of mediation, or such additional period as the 
 
 
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1parties may mutually agree on, either party may initiate the 
2impasse arbitration procedures pursuant to Section 14 of this 
3Act except that for the purpose of determining the jurisdiction 
4or authority of the arbitration panel, arbitration procedures 
5shall be deemed to have been initiated prior to the 
6commencement of any fiscal year occurring after the expiration 
7of the agreement. The provisions of an expired agreement shall 
8be in full force and effect and conditions of employment shall 
9not be changed by action of either party without the consent of 
10the other until a successor agreement is adopted. The right to 
11strike shall not be considered waived pursuant to Section 17 of 
12this Act until the actual convening of the arbitration hearing. 
13(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)



14 Section 99. Effective date. This Act takes effect upon 
15becoming law.