Sen. Linda Holmes
Filed: 3/14/2014
 
 


 




09800SB3514sam001LRB098 18991 OMW 56226 a



1
AMENDMENT TO SENATE BILL 3514 




2 AMENDMENT NO. ______. Amend Senate Bill 3514 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Public Labor Relations Act is 
5amended by changing Sections 9 and 14 as follows:




6 (5 ILCS 315/9) (from Ch. 48, par. 1609)



7 Sec. 9. Elections; recognition. 

8 (a) Whenever in accordance with such
regulations as may be 
9prescribed by the Board a petition has been filed:


10  (1) by a public employee or group of public employees 
11 or any labor
organization acting in their behalf 
12 demonstrating that 30% of the public
employees in an 
13 appropriate unit (A) wish to be represented for the

14 purposes of collective bargaining by a labor organization 
15 as exclusive
representative, or (B) asserting that the 
16 labor organization which has been
certified or is currently 
 
 
09800SB3514sam001- 2 -LRB098 18991 OMW 56226 a


1 recognized by the public employer as bargaining

2 representative is no longer the representative of the 
3 majority of public
employees in the unit; or


4  (2) by a public employer alleging that one or more 
5 labor organizations
have presented to it a claim that they 
6 be recognized as the representative
of a majority of the 
7 public employees in an appropriate unit,

8the Board
shall investigate such petition, and if it has 
9reasonable cause to believe
that a question of representation 
10exists, shall provide for an appropriate
hearing upon due 
11notice. Such hearing shall be held at the offices of
the Board 
12or such other location as the Board deems appropriate.
If it 
13finds upon the record of the hearing that a question of

14representation exists, it shall direct an election in 
15accordance with
subsection (d) of this Section, which election 
16shall be held not later than
120 days after the date the 
17petition was filed regardless of whether that
petition was 
18filed before or after the effective date of this amendatory
Act 
19of 1987; provided, however, the Board may extend the time for 
20holding an
election by an additional 60 days if, upon motion by 
21a person who has filed
a petition under this Section or is the 
22subject of a petition filed under
this Section and is a party 
23to such hearing, or upon the Board's own
motion, the Board 
24finds that good cause has been shown for extending the
election 
25date; provided further, that nothing in this Section shall 
26prohibit
the Board, in its discretion, from extending the time 
 
 
09800SB3514sam001- 3 -LRB098 18991 OMW 56226 a


1for holding an
election for so long as may be necessary under 
2the circumstances, where the
purpose for such extension is to 
3permit resolution by the Board of an
unfair labor practice 
4charge filed by one of the parties to a
representational 
5proceeding against the other based upon conduct which may

6either affect the existence of a question concerning 
7representation or have
a tendency to interfere with a fair and 
8free election, where the party
filing the charge has not filed 
9a request to proceed with the election; and
provided further 
10that prior to the expiration of the total time allotted
for 
11holding an election, a person who has filed a petition under 
12this
Section or is the subject of a petition filed under this 
13Section and is a
party to such hearing or the Board, may move 
14for and obtain the entry
of an order in the circuit court of 
15the county in which the majority of the
public employees sought 
16to be represented by such person reside, such order
extending 
17the date upon which the election shall be held. Such order 
18shall
be issued by the circuit court only upon a judicial 
19finding that there has
been a sufficient showing that there is 
20good cause to extend the election
date beyond such period and 
21shall require the Board to hold the
election as soon as is 
22feasible given the totality of the circumstances.
Such 120 day 
23period may be extended one or more times by the agreement
of 
24all parties to the hearing to a date certain without the 
25necessity of
obtaining a court order. Nothing in this Section 
26prohibits the waiving
of hearings by stipulation for the 
 
 
09800SB3514sam001- 4 -LRB098 18991 OMW 56226 a


1purpose of a consent election in conformity
with the rules and 
2regulations of the Board or an election in a unit agreed
upon 
3by the parties. Other interested employee organizations may 
4intervene
in the proceedings in the manner and within the time 
5period specified by
rules and regulations of the Board. 
6Interested parties who are necessary
to the proceedings may 
7also intervene in the proceedings in the manner and
within the 
8time period specified by the rules and regulations of the 
9Board.

10 (a-5) The Board shall designate an exclusive 
11representative for purposes
of
collective bargaining when the 
12representative demonstrates a showing of
majority interest by 
13employees in the unit. If the parties to a dispute are
without

14agreement on the means to ascertain the choice, if any, of 
15employee
organization
as their representative, the Board shall 
16ascertain the employees' choice of
employee organization, on 
17the basis of dues deduction authorization or other
evidence, 
18or, if necessary, by conducting an election. All evidence 
19submitted by an employee organization to the Board to ascertain 
20an employee's choice of an employee organization is 
21confidential and shall not be submitted to the employer for 
22review. The Board shall ascertain the employee's choice of 
23employee organization within 120 days after the filing of the 
24majority interest petition; however, the Board may extend time 
25by an additional 60 days, upon its own motion or upon the 
26motion of a party to the proceeding. If either party provides

 
 
09800SB3514sam001- 5 -LRB098 18991 OMW 56226 a


1to the Board, before the designation of a representative, clear 
2and convincing
evidence that the dues deduction 
3authorizations, and other evidence upon which
the Board would 
4otherwise rely to ascertain the employees' choice of

5representative, are fraudulent or were obtained through 
6coercion, the Board
shall promptly thereafter conduct an 
7election. The Board shall also investigate
and consider a 
8party's allegations that the dues deduction authorizations and

9other evidence submitted in support of a designation of 
10representative without
an election were subsequently changed, 
11altered, withdrawn, or withheld as a
result of employer fraud, 
12coercion, or any other unfair labor practice by the
employer. 
13If the Board determines that a labor organization would have 
14had a
majority interest but for an employer's fraud, coercion, 
15or unfair labor
practice, it shall designate the labor 
16organization as an exclusive
representative without conducting 
17an
election. If a hearing is necessary to resolve any issues of 
18representation under this Section, the Board shall conclude its 
19hearing process and issue a certification of the entire 
20appropriate unit not later than 120 days after the date the 
21petition was filed. The 120-day period may be extended one or 
22more times by the agreement of all parties to a hearing to a 
23date certain.

24 (a-6) A labor organization or an employer may file a unit 
25clarification petition seeking to clarify an existing 
26bargaining unit. The Board shall conclude its investigation, 
 
 
09800SB3514sam001- 6 -LRB098 18991 OMW 56226 a


1including any hearing process deemed necessary, and issue a 
2certification of clarified unit or dismiss the petition not 
3later than 120 days after the date the petition was filed. The 
4120-day period may be extended one or more times by the 
5agreement of all parties to a hearing to a date certain. 
6 (b) The Board shall decide in each case, in order to assure 
7public employees
the fullest freedom in exercising the rights 
8guaranteed by this Act, a unit
appropriate for the purpose of 
9collective bargaining, based upon but not
limited to such 
10factors as: historical pattern of recognition; community
of 
11interest including employee skills and functions; degree of 
12functional
integration; interchangeability and contact among 
13employees; fragmentation
of employee groups; common 
14supervision, wages, hours and other working
conditions of the 
15employees involved; and the desires of the employees.
For 
16purposes of this subsection, fragmentation shall not be the 
17sole or
predominant factor used by the Board in determining an 
18appropriate
bargaining unit. Except with respect to non-State 
19fire fighters and
paramedics employed by fire departments and 
20fire protection districts,
non-State peace officers and peace 
21officers in the State
Department of State Police, a single 
22bargaining unit determined by the
Board may not include both 
23supervisors and nonsupervisors, except for
bargaining units in 
24existence on the effective date of this Act. With
respect to 
25non-State fire fighters and paramedics employed by fire

26departments and fire protection districts, non-State peace 
 
 
09800SB3514sam001- 7 -LRB098 18991 OMW 56226 a


1officers and
peace officers in the State Department of State 
2Police, a single bargaining
unit determined by the Board may 
3not include both supervisors and
nonsupervisors, except for 
4bargaining units in existence on the effective
date of this 
5amendatory Act of 1985.

6 In cases involving an historical pattern of recognition, 
7and in cases where
the employer has recognized the union as the 
8sole and exclusive bargaining
agent for a specified existing 
9unit, the Board shall find the employees
in the unit then 
10represented by the union pursuant to the recognition to
be the 
11appropriate unit.

12 Notwithstanding the above factors, where the majority of 
13public employees
of a craft so decide, the Board shall 
14designate such craft as a unit
appropriate for the purposes of 
15collective bargaining.

16 The Board shall not decide that any unit is appropriate if 
17such unit
includes both professional and nonprofessional 
18employees, unless a majority
of each group votes for inclusion 
19in such unit.

20 (c) Nothing in this Act shall interfere with or negate the 
21current
representation rights or patterns and practices of 
22labor organizations
which have historically represented public 
23employees for the purpose of
collective bargaining, including 
24but not limited to the negotiations of
wages, hours and working 
25conditions, discussions of employees' grievances,
resolution 
26of jurisdictional disputes, or the establishment and 
 
 
09800SB3514sam001- 8 -LRB098 18991 OMW 56226 a


1maintenance
of prevailing wage rates, unless a majority of 
2employees so represented
express a contrary desire pursuant to 
3the procedures set forth in this Act.

4 (d) In instances where the employer does not voluntarily 
5recognize a labor
organization as the exclusive bargaining 
6representative for a unit of
employees, the Board shall 
7determine the majority representative of the
public employees 
8in an appropriate collective bargaining unit by conducting
a 
9secret ballot election, except as otherwise provided in 
10subsection (a-5).
Within 7 days after the Board issues its

11bargaining unit determination and direction of election or the 
12execution of
a stipulation for the purpose of a consent 
13election, the public employer
shall submit to the labor 
14organization the complete names and addresses of
those 
15employees who are determined by the Board to be eligible to

16participate in the election. When the Board has determined that 
17a labor
organization has been fairly and freely chosen by a 
18majority of employees
in an appropriate unit, it shall certify 
19such organization as the exclusive
representative. If the Board 
20determines that a majority of employees in an
appropriate unit 
21has fairly and freely chosen not to be represented by a
labor 
22organization, it shall so certify. The Board may also revoke 
23the
certification of the public employee organizations as 
24exclusive bargaining
representatives which have been found by a 
25secret ballot election to be no
longer the majority 
26representative.

 
 
09800SB3514sam001- 9 -LRB098 18991 OMW 56226 a


1 (e) The Board shall not conduct an election in any 
2bargaining unit or
any subdivision thereof within which a valid 
3election has been held in the
preceding 12-month period. The 
4Board shall determine who is eligible to
vote in an election 
5and shall establish rules governing the conduct of the
election 
6or conduct affecting the results of the election. The Board 
7shall
include on a ballot in a representation election a choice 
8of "no
representation". A labor organization currently 
9representing the bargaining
unit of employees shall be placed 
10on the ballot in any representation
election. In any election 
11where none of the choices on the ballot receives
a majority, a 
12runoff election shall be conducted between the 2 choices

13receiving the largest number of valid votes cast in the 
14election. A labor
organization which receives a majority of the 
15votes cast in an election
shall be certified by the Board as 
16exclusive representative of all public
employees in the unit.

17 (f) A labor
organization shall be designated as the 
18exclusive representative by a
public employer, provided that 
19the labor
organization represents a majority of the public 
20employees in an
appropriate unit. Any employee organization 
21which is designated or selected
by the majority of public 
22employees, in a unit of the public employer
having no other 
23recognized or certified representative, as their

24representative for purposes of collective bargaining may 
25request
recognition by the public employer in writing. The 
26public employer shall
post such request for a period of at 
 
 
09800SB3514sam001- 10 -LRB098 18991 OMW 56226 a


1least 20 days following its receipt
thereof on bulletin boards 
2or other places used or reserved for employee
notices.

3 (g) Within the 20-day period any other interested employee 
4organization
may petition the Board in the manner specified by 
5rules and regulations
of the Board, provided that such 
6interested employee organization has been
designated by at 
7least 10% of the employees in an appropriate bargaining
unit 
8which includes all or some of the employees in the unit 
9recognized
by the employer. In such event, the Board shall 
10proceed with the petition
in the same manner as provided by 
11paragraph (1) of subsection (a) of this
Section.

12 (h) No election shall be directed by the Board in any 
13bargaining unit
where there is in force a valid collective 
14bargaining agreement or, except in the case of fire fighter 
15units, after an interest arbitrator has been appointed pursuant 
16to the impasse resolution procedures in Section 14 of this Act. 
17The Board,
however, may process an election petition filed 
18between 90 and 60 days prior
to the expiration of the date of 
19an agreement, and may further refine, by
rule or decision, the 
20implementation of this provision.
Where more than 4 years have 
21elapsed since the effective date of the agreement,
the 
22agreement shall continue to bar an election, except that the 
23Board may
process an election petition filed between 90 and 60 
24days prior to the end of
the fifth year of such an agreement, 
25and between 90 and 60 days prior to the
end of each successive 
26year of such agreement.

 
 
09800SB3514sam001- 11 -LRB098 18991 OMW 56226 a


1 (i) An order of the Board dismissing a representation 
2petition,
determining and certifying that a labor organization 
3has been fairly and
freely chosen by a majority of employees in 
4an appropriate bargaining unit,
determining and certifying 
5that a labor organization has not been fairly
and freely chosen 
6by a majority of employees in the bargaining unit or
certifying 
7a labor organization as the exclusive representative of

8employees in an appropriate bargaining unit because of a 
9determination by
the Board that the labor organization is the 
10historical bargaining
representative of employees in the 
11bargaining unit, is a final order. Any
person aggrieved by any 
12such order issued on or after the effective date of
this 
13amendatory Act of 1987 may apply for and obtain judicial review 
14in
accordance with provisions of the Administrative Review Law, 
15as now or
hereafter amended, except that such review shall be 
16afforded directly in
the Appellate Court for the district in 
17which the aggrieved party resides
or transacts business.
Any 
18direct appeal to the Appellate Court shall be filed within 35 
19days from
the date that a copy of the decision sought to be 
20reviewed was served upon the
party affected by the decision. 

21(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)





22 (5 ILCS 315/14) (from Ch. 48, par. 1614)



23 Sec. 14. Security Employee, Peace Officer and Fire Fighter 
24Disputes. 

25 (a) In the case of collective bargaining agreements 
 
 
09800SB3514sam001- 12 -LRB098 18991 OMW 56226 a


1involving units of
security employees of a public employer, 
2Peace Officer Units, or units of
fire fighters or paramedics, 
3and in the case of disputes under Section 18,
unless the 
4parties mutually agree to some other time limit, mediation

5shall commence 30 days prior to the expiration date of such 
6agreement or
at such later time as the mediation services 
7chosen under subsection (b) of
Section 12 can be provided to 
8the parties. In the case of negotiations
for an initial 
9collective bargaining agreement, mediation shall commence
upon 
1015 days notice from either party or at such later time as the

11mediation services chosen pursuant to subsection (b) of Section 
1212 can be
provided to the parties. In mediation under this 
13Section, if either party
requests the use of mediation services 
14from the Federal Mediation and
Conciliation Service, the other 
15party shall either join in such request or
bear the additional 
16cost of mediation services from another source. The
mediator 
17shall have a duty to keep the Board informed on the progress of

18the mediation. If any dispute has not been resolved within 15 
19days after
the first meeting of the parties and the mediator, 
20or within such other
time limit as may be mutually agreed upon 
21by the parties, either the
exclusive representative or employer 
22may request of the other, in writing,
arbitration, and shall 
23submit a copy of the request to the Board.

24 (b) Within 10 days after such a request for arbitration has 
25been
made, the employer shall choose a delegate and
the 
26employees' exclusive representative shall choose a delegate to 
 
 
09800SB3514sam001- 13 -LRB098 18991 OMW 56226 a


1a panel
of arbitration as provided in this Section. The 
2employer and employees
shall forthwith advise the other and the 
3Board of their selections.

4 (c) Within 7 days after the request of either party, the 
5parties shall request a panel of impartial arbitrators from 
6which they shall select the neutral chairman according to the 
7procedures provided in this Section. If the parties have agreed 
8to a contract that contains a grievance resolution procedure as 
9provided in Section 8, the chairman shall be selected using 
10their agreed contract procedure unless they mutually agree to 
11another procedure. If the parties fail to notify the Board of 
12their selection of neutral chairman within 7 days after receipt 
13of the list of impartial arbitrators, the Board shall appoint, 
14at random, a neutral chairman from the list. In the absence of 
15an agreed contract procedure for selecting an impartial 
16arbitrator, either party may request a panel from the Board. 
17 Notwithstanding the preceding paragraph in this subsection 
18(c), for peace officer units and security employee units only, 
19within 7 calendar days after the request by either party to 
20proceed to arbitration, the parties shall request from the 
21Board a panel of arbitrators from which the parties shall 
22select the neutral chairman, unless the parties have mutually 
23agreed upon an arbitrator or have negotiated a contract 
24procedure for selecting an impartial interest arbitrator. 
25 Within 7 days of the request of either party, the Board 
26shall select
from the Public Employees Labor Mediation Roster 7 
 
 
09800SB3514sam001- 14 -LRB098 18991 OMW 56226 a


1persons who are on the
labor arbitration panels of either the 
2American Arbitration Association or
the Federal Mediation and 
3Conciliation Service, or who are members of the
National 
4Academy of Arbitrators, as nominees for
impartial arbitrator of 
5the arbitration panel. The parties may select an
individual on 
6the list provided by the Board or any other individual
mutually 
7agreed upon by the parties. Within 7 days following the receipt

8of the list, the parties shall notify the Board of the person 
9they have
selected. Unless the parties agree on an alternate 
10selection procedure,
they shall alternatively strike one name 
11from the list provided by the
Board until only one name 
12remains. A coin toss shall determine which party
shall strike 
13the first name. If both the parties fail to notify the Board in 
14a
timely manner of their selection for neutral chairman, the 
15Board shall
appoint a neutral chairman from the Illinois Public 
16Employees
Mediation/Arbitration Roster. If, however, the 
17failure to notify the Board of a mutual selection for the 
18neutral chairman is due to one party's failure to timely 
19participate in the selection process, the party who was 
20prepared to participate in a timely selection may notify the 
21Board of its willingness to select an arbitrator from the 
22panel. Under such circumstances, the Board, after waiting 7 
23days after the receipt of the panel by the non-participating 
24party, shall appoint as the neutral chairman the arbitrator 
25from the panel chosen solely by the party who was prepared to 
26participate in a timely selection. 

 
 
09800SB3514sam001- 15 -LRB098 18991 OMW 56226 a


1 (d) The chairman shall call a hearing to begin within 15 
2days and give
reasonable notice of the time and place of the 
3hearing. The hearing
shall be held at the offices of the Board 
4or at such other location as the
Board deems appropriate. The 
5chairman shall preside over the hearing and
shall take 
6testimony. Any oral or documentary evidence and other data

7deemed relevant by the arbitration panel may be received in 
8evidence. The
proceedings shall be informal. Technical rules of 
9evidence shall not apply
and the competency of the evidence 
10shall not thereby be deemed impaired. A
verbatim record of the 
11proceedings shall be made and the arbitrator shall
arrange for 
12the necessary recording service. Transcripts may be ordered at

13the expense of the party ordering them, but the transcripts 
14shall not be
necessary for a decision by the arbitration panel. 
15The expense of the
proceedings, including a fee for the 
16chairman, shall be borne equally by each of the parties to the 
17dispute.
The delegates, if public officers or employees, shall 
18continue on the
payroll of the public employer without loss of 
19pay. The hearing conducted
by the arbitration panel may be 
20adjourned from time to time, but unless
otherwise agreed by the 
21parties, shall be concluded within 30 days of the
time of its 
22commencement. Majority actions and rulings shall constitute

23the actions and rulings of the arbitration panel. Arbitration 
24proceedings
under this Section shall not be interrupted or 
25terminated by reason of any
unfair labor practice charge filed 
26by either party at any time.

 
 
09800SB3514sam001- 16 -LRB098 18991 OMW 56226 a


1 (e) The arbitration panel may administer oaths, require the 
2attendance
of witnesses, and the production of such books, 
3papers, contracts, agreements
and documents as may be deemed by 
4it material to a just determination of
the issues in dispute, 
5and for such purpose may issue subpoenas. If any
person refuses 
6to obey a subpoena, or refuses to be sworn or to testify,
or if 
7any witness, party or attorney is guilty of any contempt while 
8in
attendance at any hearing, the arbitration panel may, or the 
9attorney general
if requested shall, invoke the aid of any 
10circuit court within the jurisdiction
in which the hearing is 
11being held, which court shall issue an appropriate
order. Any 
12failure to obey the order may be punished by the court as 
13contempt.

14 (f) At any time before the rendering of an award, the 
15chairman of the
arbitration panel, if he is of the opinion that 
16it would be useful or
beneficial to do so, may remand the 
17dispute to the parties for further
collective bargaining for a 
18period not to exceed 2 weeks. If the dispute
is remanded for 
19further collective bargaining the time provisions of this
Act 
20shall be extended for a time period equal to that of the 
21remand. The
chairman of the panel of arbitration shall notify 
22the Board of the remand.

23 (g) At or before the conclusion of the hearing held 
24pursuant to subsection
(d), the arbitration panel shall 
25identify the economic issues in dispute,
and direct each of the 
26parties to submit, within such time limit as the
panel shall 
 
 
09800SB3514sam001- 17 -LRB098 18991 OMW 56226 a


1prescribe, to the arbitration panel and to each other its last

2offer of settlement on each economic issue. The determination 
3of the
arbitration panel as to the issues in dispute and as to 
4which of these
issues are economic shall be conclusive. The 
5arbitration panel, within 30
days after the conclusion of the 
6hearing, or such further additional
periods to which the 
7parties may agree, shall make written findings of fact
and 
8promulgate a written opinion and shall mail or otherwise 
9deliver a true
copy thereof to the parties and their 
10representatives and to the Board. As
to each economic issue, 
11the arbitration panel shall adopt the last offer of
settlement 
12which, in the opinion of the arbitration panel, more nearly

13complies with the applicable factors prescribed in subsection 
14(h). The
findings, opinions and order as to all other issues 
15shall be based upon the
applicable factors prescribed in 
16subsection (h).

17 (h) Where there is no agreement between the parties, or 
18where there is
an agreement but the parties have begun 
19negotiations or discussions looking
to a new agreement or 
20amendment of the existing agreement, and wage rates
or other 
21conditions of employment under the proposed new or amended 
22agreement
are in dispute, the arbitration panel shall base its 
23findings, opinions
and order upon the following factors, as 
24applicable:


25  (1) The lawful authority of the employer.


26  (2) Stipulations of the parties.


 
 
09800SB3514sam001- 18 -LRB098 18991 OMW 56226 a


1  (3) The interests and welfare of the public and the 
2 financial ability
of the unit of government to meet those 
3 costs.


4  (4) Comparison of the wages, hours and conditions of 
5 employment of the
employees involved in the arbitration 
6 proceeding with the wages, hours and
conditions of 
7 employment of other employees performing similar services

8 and with other employees generally:


9   (A) In public employment in comparable 
10 communities.


11   (B) In private employment in comparable 
12 communities.


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


15  (6) The overall compensation presently received by the 
16 employees,
including
direct wage compensation, vacations, 
17 holidays and other excused time, insurance
and pensions, 
18 medical and hospitalization benefits, the continuity and

19 stability of employment and all other benefits received.


20  (7) Changes in any of the foregoing circumstances 
21 during the pendency
of the arbitration proceedings.


22  (8) Such other factors, not confined to the foregoing, 
23 which are normally
or traditionally taken into 
24 consideration in the determination of wages,
hours and 
25 conditions of employment through voluntary collective 
26 bargaining,
mediation, fact-finding, arbitration or 
 
 
09800SB3514sam001- 19 -LRB098 18991 OMW 56226 a


1 otherwise between the parties, in
the public service or in 
2 private employment.

3 (i) In the case of peace officers, the arbitration decision 
4shall be
limited to wages, hours, and conditions of employment 
5(which may include
residency requirements in municipalities 
6with a population under 1,000,000, but
those residency 
7requirements shall not allow residency outside of Illinois)
and 
8shall not include
the following: i) residency requirements in 
9municipalities with a population
of at least 1,000,000; ii) the 
10type of equipment, other
than uniforms, issued or used; iii) 
11manning; iv) the total number of
employees employed by the 
12department; v) mutual aid and assistance
agreements to other 
13units of government; and vi) the criterion pursuant to
which 
14force, including deadly force, can be used; provided, nothing 
15herein
shall preclude an arbitration decision regarding 
16equipment or manning
levels if such decision is based on a 
17finding that the equipment or manning
considerations in a 
18specific work assignment involve a serious risk to the
safety 
19of a peace officer beyond that which is inherent in the normal

20performance of police duties. Limitation of the terms of the 
21arbitration
decision pursuant to this subsection shall not be 
22construed to limit the
factors upon which the decision may be 
23based, as set forth in subsection (h).

24 In the case of fire fighter, and fire department or fire 
25district paramedic
matters, the arbitration decision shall be 
26limited to wages, hours, and
conditions of employment (which 
 
 
09800SB3514sam001- 20 -LRB098 18991 OMW 56226 a


1may include residency requirements in
municipalities with a 
2population under 1,000,000, but those residency
requirements 
3shall not allow residency outside of Illinois) and shall not

4include the
following matters: i) residency requirements in 
5municipalities with a
population of at least 1,000,000; ii) the 
6type of equipment (other than
uniforms and fire fighter turnout 
7gear) issued or used; iii) the total
number of employees 
8employed by the department; iv) mutual aid and
assistance 
9agreements to other units of government; and v) the criterion

10pursuant to which force, including deadly force, can be used; 
11provided,
however, nothing herein shall preclude an 
12arbitration decision regarding
equipment levels if such 
13decision is based on a finding that the equipment

14considerations in a specific work assignment involve a serious 
15risk to the
safety of a fire fighter beyond that which is 
16inherent in the normal
performance of fire fighter duties. 
17Limitation of the terms of the
arbitration decision pursuant to 
18this subsection shall not be construed to
limit the facts upon 
19which the decision may be based, as set forth in
subsection 
20(h).

21 The changes to this subsection (i) made by Public Act 
2290-385 (relating to residency requirements) do not
apply to 
23persons who are employed by a combined department that performs 
24both
police and firefighting services; these persons shall be 
25governed by the
provisions of this subsection (i) relating to 
26peace officers, as they existed
before the amendment by Public 
 
 
09800SB3514sam001- 21 -LRB098 18991 OMW 56226 a


1Act 90-385.

2 To preserve historical bargaining rights, this subsection 
3shall not apply
to any provision of a fire fighter collective 
4bargaining agreement in effect
and applicable on the effective 
5date of this Act; provided, however, nothing
herein shall 
6preclude arbitration with respect to any such provision.

7 (j) Arbitration procedures shall be deemed to be initiated 
8by the
filing of a letter requesting mediation as required 
9under subsection (a)
of this Section. The commencement of a new 
10municipal fiscal year after the
initiation of arbitration 
11procedures under this Act, but before the
arbitration decision, 
12or its enforcement, shall not be deemed to render a
dispute 
13moot, or to otherwise impair the jurisdiction or authority of 
14the
arbitration panel or its decision. Increases in rates
of 
15compensation awarded by the arbitration panel may be effective 
16only at
the start of the fiscal year next commencing after the 
17date of the arbitration
award. If a new fiscal year has 
18commenced either since the initiation of
arbitration 
19procedures under this Act or since any mutually agreed

20extension of the statutorily required period of mediation
under 
21this Act by the parties to the labor dispute causing a
delay in 
22the initiation of arbitration, the foregoing limitations shall 
23be
inapplicable, and such awarded increases may be retroactive 
24to the
commencement of the fiscal year, any other statute or 
25charter provisions to
the contrary, notwithstanding. At any 
26time the parties, by stipulation, may
amend or modify an award 
 
 
09800SB3514sam001- 22 -LRB098 18991 OMW 56226 a


1of arbitration.

2 (k) Orders of the arbitration panel shall be reviewable, 
3upon
appropriate petition by either the public employer or the 
4exclusive
bargaining representative, by the circuit court for 
5the county in which the
dispute arose or in which a majority of 
6the affected employees reside, but
only for reasons that the 
7arbitration panel was without or exceeded its
statutory 
8authority; the order is arbitrary, or capricious; or the order

9was procured by fraud, collusion or other similar and unlawful 
10means. Such
petitions for review must be filed with the 
11appropriate circuit court
within 90 days following the issuance 
12of the arbitration order. The
pendency of such proceeding for 
13review shall not automatically stay the
order of the 
14arbitration panel. The party against whom the final decision
of 
15any such court shall be adverse, if such court finds such 
16appeal or
petition to be frivolous, shall pay reasonable 
17attorneys' fees and costs to
the successful party as determined 
18by said court in its discretion. If said
court's decision 
19affirms the award of money, such award, if retroactive,
shall 
20bear interest at the rate of 12 percent per annum from the 
21effective
retroactive date.

22 (l) During the pendency of proceedings before the 
23arbitration panel,
existing wages, hours, and other conditions 
24of employment shall not be
changed by action of either party 
25without the consent of the other but a
party may so consent 
26without prejudice to his rights or position under
this Act. The 
 
 
09800SB3514sam001- 23 -LRB098 18991 OMW 56226 a


1proceedings are deemed to be pending before the arbitration

2panel upon the initiation of arbitration procedures under this 
3Act.

4 (m) Security officers of public employers, and Peace 
5Officers, Fire
Fighters and fire department and fire protection 
6district paramedics,
covered by this Section may not withhold 
7services, nor may public employers
lock out or prevent such 
8employees from performing services at any time.

9 (n) All of the terms decided upon by the arbitration panel 
10shall be included
in an agreement to be submitted to the public 
11employer's governing body
for ratification and adoption by law, 
12ordinance or the equivalent
appropriate means.

13 The governing body shall review each term decided by the 
14arbitration panel.
If the governing body fails to reject one or 
15more terms of the
arbitration panel's decision by a 3/5 vote of 
16those duly elected and
qualified members of the governing body, 
17within 20 days of issuance, or
in the case of firefighters 
18employed by a state university, at the next
regularly scheduled 
19meeting of the governing body after issuance, such
term or 
20terms shall become a part of the collective bargaining 
21agreement of
the parties. If the governing body affirmatively 
22rejects one or more terms
of the arbitration panel's decision, 
23it must provide reasons for such
rejection with respect to each 
24term so rejected, within 20 days of such
rejection and the 
25parties shall return to the arbitration panel
for further 
26proceedings and issuance of a supplemental decision with 
 
 
09800SB3514sam001- 24 -LRB098 18991 OMW 56226 a


1respect
to the rejected terms. Any supplemental decision by an 
2arbitration panel
or other decision maker agreed to by the 
3parties shall be submitted to
the governing body for 
4ratification and adoption in accordance with the
procedures and 
5voting requirements set forth in this Section.
The voting 
6requirements of this subsection shall apply to all disputes

7submitted to arbitration pursuant to this Section 
8notwithstanding any
contrary voting requirements contained in 
9any existing collective
bargaining agreement between the 
10parties.

11 (o) If the governing body of the employer votes to reject 
12the panel's
decision, the parties shall return to the panel 
13within 30 days from the
issuance of the reasons for rejection 
14for further proceedings and issuance
of a supplemental 
15decision. All reasonable costs of such supplemental
proceeding 
16including the exclusive representative's reasonable attorney's

17fees, as established by the Board, shall be paid by the 
18employer.

19 (p) Notwithstanding the provisions of this Section the 
20employer and
exclusive representative may agree to submit 
21unresolved disputes concerning
wages, hours, terms and 
22conditions of employment to an alternative form of
impasse 
23resolution.

24(Source: P.A. 98-535, eff. 1-1-14.)



25 Section 10. The Minimum Wage Law is amended by changing 
 
 
09800SB3514sam001- 25 -LRB098 18991 OMW 56226 a


1Section 4a as follows:




2 (820 ILCS 105/4a) (from Ch. 48, par. 1004a)



3 Sec. 4a. (1) Except as otherwise provided in this Section, 
4no employer
shall employ any of his employees for a workweek of 
5more than 40 hours
unless such employee receives compensation 
6for his employment in excess of
the hours above specified at a 
7rate not less than 1 1/2 times the regular
rate at which he is 
8employed.

9 (2) The provisions of subsection (1) of this Section are 
10not applicable to:


11  A. Any salesman or mechanic primarily engaged in 
12 selling or servicing
automobiles, trucks or farm 
13 implements, if he is employed by a nonmanufacturing

14 establishment primarily engaged in the business of selling 
15 such vehicles
or implements to ultimate purchasers.


16  B. Any salesman primarily engaged in selling trailers, 
17 boats, or aircraft,
if he is employed by a nonmanufacturing 
18 establishment primarily engaged
in the business of selling 
19 trailers, boats, or aircraft to ultimate purchasers.


20  C. Any employer of agricultural labor, with respect to 
21 such
agricultural employment.


22  D. Any employee of a governmental body excluded from 
23 the definition of "employee" under paragraph (e)(2)(C) of 
24 Section 3 of the Federal Fair Labor Standards Act of 1938.


25  E. Any employee employed in a bona fide executive, 
 
 
09800SB3514sam001- 26 -LRB098 18991 OMW 56226 a


1 administrative or
professional capacity, including any 
2 radio or television announcer, news
editor, or chief 
3 engineer, as defined by or covered by the Federal Fair

4 Labor Standards Act
of 1938 and the rules adopted under

5 that Act, as both exist on March 30, 2003, but compensated

6 at the amount of salary specified in subsections (a) and

7 (b) of Section 541.600 of Title 29 of the Code of Federal

8 Regulations as proposed in the Federal Register on March

9 31, 2003 or a greater amount of salary as may be adopted by

10 the United States Department of Labor. For bona fide 
11 executive,
administrative, and professional employees of 
12 not-for-profit corporations,
the Director may, by 
13 regulation, adopt a weekly wage rate standard lower
than 
14 that provided for executive, administrative, and 
15 professional
employees covered under the Fair Labor 
16 Standards Act of 1938, as now or
hereafter amended.


17  F. Any commissioned employee as described in paragraph 
18 (i) of Section
7 of the Federal Fair Labor Standards Act of 
19 1938 and rules and regulations
promulgated thereunder, as 
20 now or hereafter amended.


21  G. Any employment of an employee in the stead of 
22 another employee of the
same employer pursuant to a 
23 worktime exchange agreement between employees.


24  H. Any employee of a not-for-profit educational or 
25 residential child care
institution who (a) on a daily basis 
26 is directly involved in educating or
caring for children 
 
 
09800SB3514sam001- 27 -LRB098 18991 OMW 56226 a


1 who (1) are orphans, foster children, abused,
neglected or 
2 abandoned children, or are otherwise homeless children
and 
3 (2) reside in residential facilities of the institution and 
4 (b) is
compensated at an annual rate of not less than 
5 $13,000 or, if the employee
resides in such facilities and 
6 receives without cost board and lodging from
such 
7 institution, not less than $10,000.


8  I. Any employee employed as a crew member of any 
9 uninspected towing
vessel, as defined by Section 2101(40) 
10 of Title 46 of the United States Code,
operating in any 
11 navigable waters in or along the boundaries of the State of

12 Illinois.

13 (3) Any employer may employ any employee for a period or 
14periods of not
more than 10 hours in the aggregate in any 
15workweek in excess of the maximum
hours specified in subsection 
16(1) of this Section without paying the
compensation for 
17overtime employment prescribed in subsection (1) if during
that 
18period or periods the employee is receiving remedial education 
19that:


20  (a) is provided to employees who lack a high school 
21 diploma or educational
attainment at the eighth grade 
22 level;


23  (b) is designed to provide reading and other basic 
24 skills at an eighth
grade level or below; and


25  (c) does not include job specific training.
26 (4) A governmental body is not in violation of subsection 
 
 
09800SB3514sam001- 28 -LRB098 18991 OMW 56226 a


1(1) if the governmental body provides compensatory time 
2pursuant to paragraph (o) of Section 7 of the Federal Fair 
3Labor Standards Act of 1938, as now or hereafter amended, or is 
4engaged in fire protection or law enforcement activities and 
5meets the requirements of paragraph (k) of Section 7 or 
6paragraph (b)(20) of Section 13 of the Federal Fair Labor 
7Standards Act of 1938, as now or hereafter amended.


8(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)".