HB5485 Engrossed LRB098 20096 OMW 55362 b
1		AN ACT concerning government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Public Labor Relations Act is
5		amended by changing Section 14 as follows:
6		(5 ILCS 315/14) (from Ch. 48, par. 1614)
7		Sec. 14. Security Employee, Peace Officer and Fire Fighter
8		Disputes.
9		(a) In the case of collective bargaining agreements
10		involving units of security employees of a public employer,
11		Peace Officer Units, or units of fire fighters or paramedics,
12		and in the case of disputes under Section 18, unless the
13		parties mutually agree to some other time limit, mediation
14		shall commence 30 days prior to the expiration date of such
15		agreement or at such later time as the mediation services
16		chosen under subsection (b) of Section 12 can be provided to
17		the parties. In the case of negotiations for an initial
18		collective bargaining agreement, mediation shall commence upon
19		15 days notice from either party or at such later time as the
20		mediation services chosen pursuant to subsection (b) of Section
21		12 can be provided to the parties. In mediation under this
22		Section, if either party requests the use of mediation services
23		from the Federal Mediation and Conciliation Service, the other

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1		party shall either join in such request or bear the additional
2		cost of mediation services from another source. The mediator
3		shall have a duty to keep the Board informed on the progress of
4		the mediation. If any dispute has not been resolved within 15
5		days after the first meeting of the parties and the mediator,
6		or within such other time limit as may be mutually agreed upon
7		by the parties, either the exclusive representative or employer
8		may request of the other, in writing, arbitration, and shall
9		submit a copy of the request to the Board.
10		(b) Within 10 days after such a request for arbitration has
11		been made, the employer shall choose a delegate and the
12		employees' exclusive representative shall choose a delegate to
13		a panel of arbitration as provided in this Section. The
14		employer and employees shall forthwith advise the other and the
15		Board of their selections.
16		(c) Within 7 days after the request of either party, the
17		parties shall request a panel of impartial arbitrators from
18		which they shall select the neutral chairman according to the
19		procedures provided in this Section. If the parties have agreed
20		to a contract that contains a grievance resolution procedure as
21		provided in Section 8, the chairman shall be selected using
22		their agreed contract procedure unless they mutually agree to
23		another procedure. If the parties fail to notify the Board of
24		their selection of neutral chairman within 7 days after receipt
25		of the list of impartial arbitrators, the Board shall appoint,
26		at random, a neutral chairman from the list. In the absence of

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1		an agreed contract procedure for selecting an impartial
2		arbitrator, either party may request a panel from the Board.
3		Within 7 days of the request of either party, the Board shall
4		select from the Public Employees Labor Mediation Roster 7
5		persons who are on the labor arbitration panels of either the
6		American Arbitration Association or the Federal Mediation and
7		Conciliation Service, or who are members of the National
8		Academy of Arbitrators, as nominees for impartial arbitrator of
9		the arbitration panel. The parties may select an individual on
10		the list provided by the Board or any other individual mutually
11		agreed upon by the parties. Within 7 days following the receipt
12		of the list, the parties shall notify the Board of the person
13		they have selected. Unless the parties agree on an alternate
14		selection procedure, they shall alternatively strike one name
15		from the list provided by the Board until only one name
16		remains. A coin toss shall determine which party shall strike
17		the first name. If the parties fail to notify the Board in a
18		timely manner of their selection for neutral chairman, the
19		Board shall appoint a neutral chairman from the Illinois Public
20		Employees Mediation/Arbitration Roster.
21		(d) The chairman shall call a hearing to begin within 15
22		days and give reasonable notice of the time and place of the
23		hearing. The hearing shall be held at the offices of the Board
24		or at such other location as the Board deems appropriate. The
25		chairman shall preside over the hearing and shall take
26		testimony. Any oral or documentary evidence and other data

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1		deemed relevant by the arbitration panel may be received in
2		evidence. The proceedings shall be informal. Technical rules of
3		evidence shall not apply and the competency of the evidence
4		shall not thereby be deemed impaired. A verbatim record of the
5		proceedings shall be made and the arbitrator shall arrange for
6		the necessary recording service. Transcripts may be ordered at
7		the expense of the party ordering them, but the transcripts
8		shall not be necessary for a decision by the arbitration panel.
9		The expense of the proceedings, including a fee for the
10		chairman, shall be borne equally by each of the parties to the
11		dispute. The delegates, if public officers or employees, shall
12		continue on the payroll of the public employer without loss of
13		pay. The hearing conducted by the arbitration panel may be
14		adjourned from time to time, but unless otherwise agreed by the
15		parties, shall be concluded within 30 days of the time of its
16		commencement. Majority actions and rulings shall constitute
17		the actions and rulings of the arbitration panel. Arbitration
18		proceedings under this Section shall not be interrupted or
19		terminated by reason of any unfair labor practice charge filed
20		by either party at any time.
21		(e) The arbitration panel may administer oaths, require the
22		attendance of witnesses, and the production of such books,
23		papers, contracts, agreements and documents as may be deemed by
24		it material to a just determination of the issues in dispute,
25		and for such purpose may issue subpoenas. If any person refuses
26		to obey a subpoena, or refuses to be sworn or to testify, or if

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1		any witness, party or attorney is guilty of any contempt while
2		in attendance at any hearing, the arbitration panel may, or the
3		attorney general if requested shall, invoke the aid of any
4		circuit court within the jurisdiction in which the hearing is
5		being held, which court shall issue an appropriate order. Any
6		failure to obey the order may be punished by the court as
7		contempt.
8		(f) At any time before the rendering of an award, the
9		chairman of the arbitration panel, if he is of the opinion that
10		it would be useful or beneficial to do so, may remand the
11		dispute to the parties for further collective bargaining for a
12		period not to exceed 2 weeks. If the dispute is remanded for
13		further collective bargaining the time provisions of this Act
14		shall be extended for a time period equal to that of the
15		remand. The chairman of the panel of arbitration shall notify
16		the Board of the remand.
17		(g) At or before the conclusion of the hearing held
18		pursuant to subsection (d), the arbitration panel shall
19		identify the economic issues in dispute, and direct each of the
20		parties to submit, within such time limit as the panel shall
21		prescribe, to the arbitration panel and to each other its last
22		offer of settlement on each economic issue. The determination
23		of the arbitration panel as to the issues in dispute and as to
24		which of these issues are economic shall be conclusive. The
25		arbitration panel, within 30 days after the conclusion of the
26		hearing, or such further additional periods to which the

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1		parties may agree, shall make written findings of fact and
2		promulgate a written opinion and shall mail or otherwise
3		deliver a true copy thereof to the parties and their
4		representatives and to the Board. As to each economic issue,
5		the arbitration panel shall adopt the last offer of settlement
6		which, in the opinion of the arbitration panel, more nearly
7		complies with the applicable factors prescribed in subsection
8		(h). The findings, opinions and order as to all other issues
9		shall be based upon the applicable factors prescribed in
10		subsection (h).
11		(h) Where there is no agreement between the parties, or
12		where there is an agreement but the parties have begun
13		negotiations or discussions looking to a new agreement or
14		amendment of the existing agreement, and wage rates or other
15		conditions of employment under the proposed new or amended
16		agreement are in dispute, the arbitration panel shall base its
17		findings, opinions and order upon the following factors, as
18		applicable:
19		(1) The lawful authority of the employer.
20		(2) Stipulations of the parties.
21		(3) The interests and welfare of the public and the
22		financial ability of the unit of government to meet those
23		costs.
24		(4) Comparison of the wages, hours and conditions of
25		employment of the employees involved in the arbitration
26		proceeding with the wages, hours and conditions of

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1		employment of other employees performing similar services
2		and with other employees generally:
3		(A) In public employment in comparable
4		communities.
5		(B) In private employment in comparable
6		communities.
7		(5) The average consumer prices for goods and services,
8		commonly known as the cost of living.
9		(6) The overall compensation presently received by the
10		employees, including direct wage compensation, vacations,
11		holidays and other excused time, insurance and pensions,
12		medical and hospitalization benefits, the continuity and
13		stability of employment and all other benefits received.
14		(7) Changes in any of the foregoing circumstances
15		during the pendency of the arbitration proceedings.
16		(8) Such other factors, not confined to the foregoing,
17		which are normally or traditionally taken into
18		consideration in the determination of wages, hours and
19		conditions of employment through voluntary collective
20		bargaining, mediation, fact-finding, arbitration or
21		otherwise between the parties, in the public service or in
22		private employment.
23		(i) In the case of peace officers, the arbitration decision
24		shall be limited to wages, hours, and conditions of employment
25		(which may include residency requirements in municipalities
26		with a population under 1,000,000, but those residency

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1		requirements shall not allow residency outside of Illinois) and
2		shall not include the following: i) residency requirements in
3		municipalities with a population of at least 1,000,000; ii) the
4		type of equipment, other than uniforms, issued or used; iii)
5		manning; iv) the total number of employees employed by the
6		department; v) mutual aid and assistance agreements to other
7		units of government; and vi) the criterion pursuant to which
8		force, including deadly force, can be used; provided, nothing
9		herein shall preclude an arbitration decision regarding
10		equipment or manning levels if such decision is based on a
11		finding that the equipment or manning considerations in a
12		specific work assignment involve a serious risk to the safety
13		of a peace officer beyond that which is inherent in the normal
14		performance of police duties. Limitation of the terms of the
15		arbitration decision pursuant to this subsection shall not be
16		construed to limit the factors upon which the decision may be
17		based, as set forth in subsection (h).
18		In the case of fire fighter, and fire department or fire
19		district paramedic matters, the arbitration decision shall be
20		limited to wages, hours, and conditions of employment
21		(including manning and also including which may include
22		residency requirements in municipalities with a population
23		under 1,000,000, but those residency requirements shall not
24		allow residency outside of Illinois) and shall not include the
25		following matters: i) residency requirements in municipalities
26		with a population of at least 1,000,000; ii) the type of

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1		equipment (other than uniforms and fire fighter turnout gear)
2		issued or used; iii) the total number of employees employed by
3		the department; iv) mutual aid and assistance agreements to
4		other units of government; and v) the criterion pursuant to
5		which force, including deadly force, can be used; provided,
6		however, nothing herein shall preclude an arbitration decision
7		regarding equipment levels if such decision is based on a
8		finding that the equipment considerations in a specific work
9		assignment involve a serious risk to the safety of a fire
10		fighter beyond that which is inherent in the normal performance
11		of fire fighter duties. Limitation of the terms of the
12		arbitration decision pursuant to this subsection shall not be
13		construed to limit the facts upon which the decision may be
14		based, as set forth in subsection (h).
15		The changes to this subsection (i) made by Public Act
16		90-385 (relating to residency requirements) do not apply to
17		persons who are employed by a combined department that performs
18		both police and firefighting services; these persons shall be
19		governed by the provisions of this subsection (i) relating to
20		peace officers, as they existed before the amendment by Public
21		Act 90-385.
22		To preserve historical bargaining rights, this subsection
23		shall not apply to any provision of a fire fighter collective
24		bargaining agreement in effect and applicable on the effective
25		date of this Act; provided, however, nothing herein shall
26		preclude arbitration with respect to any such provision.

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1		(j) Arbitration procedures shall be deemed to be initiated
2		by the filing of a letter requesting mediation as required
3		under subsection (a) of this Section. The commencement of a new
4		municipal fiscal year after the initiation of arbitration
5		procedures under this Act, but before the arbitration decision,
6		or its enforcement, shall not be deemed to render a dispute
7		moot, or to otherwise impair the jurisdiction or authority of
8		the arbitration panel or its decision. Increases in rates of
9		compensation awarded by the arbitration panel may be effective
10		only at the start of the fiscal year next commencing after the
11		date of the arbitration award. If a new fiscal year has
12		commenced either since the initiation of arbitration
13		procedures under this Act or since any mutually agreed
14		extension of the statutorily required period of mediation under
15		this Act by the parties to the labor dispute causing a delay in
16		the initiation of arbitration, the foregoing limitations shall
17		be inapplicable, and such awarded increases may be retroactive
18		to the commencement of the fiscal year, any other statute or
19		charter provisions to the contrary, notwithstanding. At any
20		time the parties, by stipulation, may amend or modify an award
21		of arbitration.
22		(k) Orders of the arbitration panel shall be reviewable,
23		upon appropriate petition by either the public employer or the
24		exclusive bargaining representative, by the circuit court for
25		the county in which the dispute arose or in which a majority of
26		the affected employees reside, but only for reasons that the

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1		arbitration panel was without or exceeded its statutory
2		authority; the order is arbitrary, or capricious; or the order
3		was procured by fraud, collusion or other similar and unlawful
4		means. Such petitions for review must be filed with the
5		appropriate circuit court within 90 days following the issuance
6		of the arbitration order. The pendency of such proceeding for
7		review shall not automatically stay the order of the
8		arbitration panel. The party against whom the final decision of
9		any such court shall be adverse, if such court finds such
10		appeal or petition to be frivolous, shall pay reasonable
11		attorneys' fees and costs to the successful party as determined
12		by said court in its discretion. If said court's decision
13		affirms the award of money, such award, if retroactive, shall
14		bear interest at the rate of 12 percent per annum from the
15		effective retroactive date.
16		(l) During the pendency of proceedings before the
17		arbitration panel, existing wages, hours, and other conditions
18		of employment shall not be changed by action of either party
19		without the consent of the other but a party may so consent
20		without prejudice to his rights or position under this Act. The
21		proceedings are deemed to be pending before the arbitration
22		panel upon the initiation of arbitration procedures under this
23		Act.
24		(m) Security officers of public employers, and Peace
25		Officers, Fire Fighters and fire department and fire protection
26		district paramedics, covered by this Section may not withhold

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1		services, nor may public employers lock out or prevent such
2		employees from performing services at any time.
3		(n) All of the terms decided upon by the arbitration panel
4		shall be included in an agreement to be submitted to the public
5		employer's governing body for ratification and adoption by law,
6		ordinance or the equivalent appropriate means.
7		The governing body shall review each term decided by the
8		arbitration panel. If the governing body fails to reject one or
9		more terms of the arbitration panel's decision by a 3/5 vote of
10		those duly elected and qualified members of the governing body,
11		within 20 days of issuance, or in the case of firefighters
12		employed by a state university, at the next regularly scheduled
13		meeting of the governing body after issuance, such term or
14		terms shall become a part of the collective bargaining
15		agreement of the parties. If the governing body affirmatively
16		rejects one or more terms of the arbitration panel's decision,
17		it must provide reasons for such rejection with respect to each
18		term so rejected, within 20 days of such rejection and the
19		parties shall return to the arbitration panel for further
20		proceedings and issuance of a supplemental decision with
21		respect to the rejected terms. Any supplemental decision by an
22		arbitration panel or other decision maker agreed to by the
23		parties shall be submitted to the governing body for
24		ratification and adoption in accordance with the procedures and
25		voting requirements set forth in this Section. The voting
26		requirements of this subsection shall apply to all disputes

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1		submitted to arbitration pursuant to this Section
2		notwithstanding any contrary voting requirements contained in
3		any existing collective bargaining agreement between the
4		parties.
5		(o) If the governing body of the employer votes to reject
6		the panel's decision, the parties shall return to the panel
7		within 30 days from the issuance of the reasons for rejection
8		for further proceedings and issuance of a supplemental
9		decision. All reasonable costs of such supplemental proceeding
10		including the exclusive representative's reasonable attorney's
11		fees, as established by the Board, shall be paid by the
12		employer.
13		(p) Notwithstanding the provisions of this Section the
14		employer and exclusive representative may agree to submit
15		unresolved disputes concerning wages, hours, terms and
16		conditions of employment to an alternative form of impasse
17		resolution.
18		(Source: P.A. 98-535, eff. 1-1-14.)
19		Section 99. Effective date. This Act takes effect upon
20		becoming law.