Rep. Rita Mayfield
Filed: 3/4/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 5485 




2 AMENDMENT NO. ______. Amend House Bill 5485 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Public Labor Relations Act is 
5amended 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 
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 
 
 
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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 
 
 
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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 
 
 
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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 hearing
shall be held at the offices of the Board 
5or at such other location as the
Board deems appropriate. The 
6chairman shall preside over the hearing and
shall take 
7testimony. Any oral or documentary evidence and other data

8deemed relevant by the arbitration panel may be received in 
9evidence. The
proceedings shall be informal. Technical rules of 
10evidence shall not apply
and the competency of the evidence 
11shall not thereby be deemed impaired. A
verbatim record of the 
12proceedings shall be made and the arbitrator shall
arrange for 
13the necessary recording service. Transcripts may be ordered at

14the expense of the party ordering them, but the transcripts 
15shall not be
necessary for a decision by the arbitration panel. 
16The expense of the
proceedings, including a fee for the 
17chairman, shall be borne equally by each of the parties to the 
18dispute.
The delegates, if public officers or employees, shall 
19continue on the
payroll of the public employer without loss of 
20pay. The hearing conducted
by the arbitration panel may be 
21adjourned from time to time, but unless
otherwise agreed by the 
22parties, shall be concluded within 30 days of the
time of its 
23commencement. Majority actions and rulings shall constitute

24the actions and rulings of the arbitration panel. Arbitration 
25proceedings
under this Section shall not be interrupted or 
26terminated by reason of any
unfair labor practice charge filed 
 
 
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1by either party at any time.

2 (e) The arbitration panel may administer oaths, require the 
3attendance
of witnesses, and the production of such books, 
4papers, contracts, agreements
and documents as may be deemed by 
5it material to a just determination of
the issues in dispute, 
6and for such purpose may issue subpoenas. If any
person refuses 
7to obey a subpoena, or refuses to be sworn or to testify,
or if 
8any witness, party or attorney is guilty of any contempt while 
9in
attendance at any hearing, the arbitration panel may, or the 
10attorney general
if requested shall, invoke the aid of any 
11circuit court within the jurisdiction
in which the hearing is 
12being held, which court shall issue an appropriate
order. Any 
13failure to obey the order may be punished by the court as 
14contempt.

15 (f) At any time before the rendering of an award, the 
16chairman of the
arbitration panel, if he is of the opinion that 
17it would be useful or
beneficial to do so, may remand the 
18dispute to the parties for further
collective bargaining for a 
19period not to exceed 2 weeks. If the dispute
is remanded for 
20further collective bargaining the time provisions of this
Act 
21shall be extended for a time period equal to that of the 
22remand. The
chairman of the panel of arbitration shall notify 
23the Board of the remand.

24 (g) At or before the conclusion of the hearing held 
25pursuant to subsection
(d), the arbitration panel shall 
26identify the economic issues in dispute,
and direct each of the 
 
 
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1parties to submit, within such time limit as the
panel shall 
2prescribe, to the arbitration panel and to each other its last

3offer of settlement on each economic issue. The determination 
4of the
arbitration panel as to the issues in dispute and as to 
5which of these
issues are economic shall be conclusive. The 
6arbitration panel, within 30
days after the conclusion of the 
7hearing, or such further additional
periods to which the 
8parties may agree, shall make written findings of fact
and 
9promulgate a written opinion and shall mail or otherwise 
10deliver a true
copy thereof to the parties and their 
11representatives and to the Board. As
to each economic issue, 
12the arbitration panel shall adopt the last offer of
settlement 
13which, in the opinion of the arbitration panel, more nearly

14complies with the applicable factors prescribed in subsection 
15(h). The
findings, opinions and order as to all other issues 
16shall be based upon the
applicable factors prescribed in 
17subsection (h).

18 (h) Where there is no agreement between the parties, or 
19where there is
an agreement but the parties have begun 
20negotiations or discussions looking
to a new agreement or 
21amendment of the existing agreement, and wage rates
or other 
22conditions of employment under the proposed new or amended 
23agreement
are in dispute, the arbitration panel shall base its 
24findings, opinions
and order upon the following factors, as 
25applicable:


26  (1) The lawful authority of the employer.


 
 
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1  (2) Stipulations of the parties.


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


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

9 and with other employees generally:


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


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


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


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

20 stability of employment and all other benefits received.


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


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

4 (i) In the case of peace officers, the arbitration decision 
5shall be
limited to wages, hours, and conditions of employment 
6(which may include
residency requirements in municipalities 
7with a population under 1,000,000, but
those residency 
8requirements shall not allow residency outside of Illinois)
and 
9shall not include
the following: i) residency requirements in 
10municipalities with a population
of at least 1,000,000; ii) the 
11type of equipment, other
than uniforms, issued or used; iii) 
12manning; iv) the total number of
employees employed by the 
13department; v) mutual aid and assistance
agreements to other 
14units of government; and vi) the criterion pursuant to
which 
15force, including deadly force, can be used; provided, nothing 
16herein
shall preclude an arbitration decision regarding 
17equipment or manning
levels if such decision is based on a 
18finding that the equipment or manning
considerations in a 
19specific work assignment involve a serious risk to the
safety 
20of a peace officer beyond that which is inherent in the normal

21performance of police duties. Limitation of the terms of the 
22arbitration
decision pursuant to this subsection shall not be 
23construed to limit the
factors upon which the decision may be 
24based, as set forth in subsection (h).

25 In the case of fire fighter, and fire department or fire 
26district paramedic
matters, the arbitration decision shall be 
 
 
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1limited to wages, hours, and
conditions of employment 
2(including manning and also including which may include 
3residency requirements in
municipalities with a population 
4under 1,000,000, but those residency
requirements shall not 
5allow residency outside of Illinois) and shall not
include the

6following matters: i) residency requirements in municipalities 
7with a
population of at least 1,000,000; ii) the type of 
8equipment (other than
uniforms and fire fighter turnout gear) 
9issued or used; iii) the total
number of employees employed by 
10the department; iv) mutual aid and
assistance agreements to 
11other units of government; and v) the criterion
pursuant to 
12which force, including deadly force, can be used; provided,

13however, nothing herein shall preclude an arbitration decision 
14regarding
equipment levels if such decision is based on a 
15finding that the equipment
considerations in a specific work 
16assignment involve a serious risk to the
safety of a fire 
17fighter beyond that which is inherent in the normal
performance 
18of fire fighter duties. Limitation of the terms of the

19arbitration decision pursuant to this subsection shall not be 
20construed to
limit the facts upon which the decision may be 
21based, as set forth in
subsection (h).

22 The changes to this subsection (i) made by Public Act 
2390-385 (relating to residency requirements) do not
apply to 
24persons who are employed by a combined department that performs 
25both
police and firefighting services; these persons shall be 
26governed by the
provisions of this subsection (i) relating to 
 
 
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1peace officers, as they existed
before the amendment by Public 
2Act 90-385.

3 To preserve historical bargaining rights, this subsection 
4shall not apply
to any provision of a fire fighter collective 
5bargaining agreement in effect
and applicable on the effective 
6date of this Act; provided, however, nothing
herein shall 
7preclude arbitration with respect to any such provision.

8 (j) Arbitration procedures shall be deemed to be initiated 
9by the
filing of a letter requesting mediation as required 
10under subsection (a)
of this Section. The commencement of a new 
11municipal fiscal year after the
initiation of arbitration 
12procedures under this Act, but before the
arbitration decision, 
13or its enforcement, shall not be deemed to render a
dispute 
14moot, or to otherwise impair the jurisdiction or authority of 
15the
arbitration panel or its decision. Increases in rates
of 
16compensation awarded by the arbitration panel may be effective 
17only at
the start of the fiscal year next commencing after the 
18date of the arbitration
award. If a new fiscal year has 
19commenced either since the initiation of
arbitration 
20procedures under this Act or since any mutually agreed

21extension of the statutorily required period of mediation
under 
22this Act by the parties to the labor dispute causing a
delay in 
23the initiation of arbitration, the foregoing limitations shall 
24be
inapplicable, and such awarded increases may be retroactive 
25to the
commencement of the fiscal year, any other statute or 
26charter provisions to
the contrary, notwithstanding. At any 
 
 
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1time the parties, by stipulation, may
amend or modify an award 
2of arbitration.

3 (k) Orders of the arbitration panel shall be reviewable, 
4upon
appropriate petition by either the public employer or the 
5exclusive
bargaining representative, by the circuit court for 
6the county in which the
dispute arose or in which a majority of 
7the affected employees reside, but
only for reasons that the 
8arbitration panel was without or exceeded its
statutory 
9authority; the order is arbitrary, or capricious; or the order

10was procured by fraud, collusion or other similar and unlawful 
11means. Such
petitions for review must be filed with the 
12appropriate circuit court
within 90 days following the issuance 
13of the arbitration order. The
pendency of such proceeding for 
14review shall not automatically stay the
order of the 
15arbitration panel. The party against whom the final decision
of 
16any such court shall be adverse, if such court finds such 
17appeal or
petition to be frivolous, shall pay reasonable 
18attorneys' fees and costs to
the successful party as determined 
19by said court in its discretion. If said
court's decision 
20affirms the award of money, such award, if retroactive,
shall 
21bear interest at the rate of 12 percent per annum from the 
22effective
retroactive date.

23 (l) During the pendency of proceedings before the 
24arbitration panel,
existing wages, hours, and other conditions 
25of employment shall not be
changed by action of either party 
26without the consent of the other but a
party may so consent 
 
 
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1without prejudice to his rights or position under
this Act. The 
2proceedings are deemed to be pending before the arbitration

3panel upon the initiation of arbitration procedures under this 
4Act.

5 (m) Security officers of public employers, and Peace 
6Officers, Fire
Fighters and fire department and fire protection 
7district paramedics,
covered by this Section may not withhold 
8services, nor may public employers
lock out or prevent such 
9employees from performing services at any time.

10 (n) All of the terms decided upon by the arbitration panel 
11shall be included
in an agreement to be submitted to the public 
12employer's governing body
for ratification and adoption by law, 
13ordinance or the equivalent
appropriate means.

14 The governing body shall review each term decided by the 
15arbitration panel.
If the governing body fails to reject one or 
16more terms of the
arbitration panel's decision by a 3/5 vote of 
17those duly elected and
qualified members of the governing body, 
18within 20 days of issuance, or
in the case of firefighters 
19employed by a state university, at the next
regularly scheduled 
20meeting of the governing body after issuance, such
term or 
21terms shall become a part of the collective bargaining 
22agreement of
the parties. If the governing body affirmatively 
23rejects one or more terms
of the arbitration panel's decision, 
24it must provide reasons for such
rejection with respect to each 
25term so rejected, within 20 days of such
rejection and the 
26parties shall return to the arbitration panel
for further 
 
 
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1proceedings and issuance of a supplemental decision with 
2respect
to the rejected terms. Any supplemental decision by an 
3arbitration panel
or other decision maker agreed to by the 
4parties shall be submitted to
the governing body for 
5ratification and adoption in accordance with the
procedures and 
6voting requirements set forth in this Section.
The voting 
7requirements of this subsection shall apply to all disputes

8submitted to arbitration pursuant to this Section 
9notwithstanding any
contrary voting requirements contained in 
10any existing collective
bargaining agreement between the 
11parties.

12 (o) If the governing body of the employer votes to reject 
13the panel's
decision, the parties shall return to the panel 
14within 30 days from the
issuance of the reasons for rejection 
15for further proceedings and issuance
of a supplemental 
16decision. All reasonable costs of such supplemental
proceeding 
17including the exclusive representative's reasonable attorney's

18fees, as established by the Board, shall be paid by the 
19employer.

20 (p) Notwithstanding the provisions of this Section the 
21employer and
exclusive representative may agree to submit 
22unresolved disputes concerning
wages, hours, terms and 
23conditions of employment to an alternative form of
impasse 
24resolution.

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



 
 
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1 Section 99. Effective date. This Act takes effect upon 
2becoming law.".