Illinois 2023-2024 Regular Session

Illinois House Bill HB0297 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB0297 ~~EnrolledLRB103~~ 03824 RJT 48830 b HB0297 ~~Enrolled~~ LRB103 03824 RJT 48830 b
2		-	HB0297 ~~Enrolled~~ LRB103 03824 RJT 48830 b
	1	+	HB0297 EngrossedLRB103 03824 RJT 48830 b HB0297 Engrossed LRB103 03824 RJT 48830 b
	2	+	HB0297 Engrossed LRB103 03824 RJT 48830 b
3	3		1 AN ACT concerning education.
4	4		2 Be it enacted by the People of the State of Illinois,
5	5		3 represented in the General Assembly:
6	6		4 Section 5. The Illinois Educational Labor Relations Act is
7	7		5 amended by changing Section 12 as follows:
8	8		6 (115 ILCS 5/12) (from Ch. 48, par. 1712)
9	9		7 Sec. 12. Impasse procedures.
10	10		8 (a) This subsection (a) applies only to collective
11	11		9 bargaining between an educational employer that is not a
12	12		10 public school district organized under Article 34 of the
13	13		11 School Code and an exclusive representative of its employees.
14	14		12 If the parties engaged in collective bargaining have not
15	15		13 reached an agreement by 90 days before the scheduled start of
16	16		14 the forthcoming school year, the parties shall notify the
17	17		15 Illinois Educational Labor Relations Board concerning the
18	18		16 status of negotiations. This notice shall include a statement
19	19		17 on whether mediation has been used.
20	20		18 Upon demand of either party, collective bargaining between
21	21		19 the employer and an exclusive bargaining representative must
22	22		20 begin within 60 days of the date of certification of the
23	23		21 representative by the Board, or in the case of an existing
24	24		22 exclusive bargaining representative, within 60 days of the
25	25		23 receipt by a party of a demand to bargain issued by the other
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	32	+	HB0297 Engrossed- 2 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 2 - LRB103 03824 RJT 48830 b
	33	+	HB0297 Engrossed - 2 - LRB103 03824 RJT 48830 b
34	34		1 party. Once commenced, collective bargaining must continue for
35	35		2 at least a 60 day period, unless a contract is entered into.
36	36		3 Except as otherwise provided in subsection (b) of this
37	37		4 Section, if after a reasonable period of negotiation and
38	38		5 within 90 days of the scheduled start of the forth-coming
39	39		6 school year, the parties engaged in collective bargaining have
40	40		7 reached an impasse, either party may petition the Board to
41	41		8 initiate mediation. Alternatively, the Board on its own motion
42	42		9 may initiate mediation during this period. However, mediation
43	43		10 shall be initiated by the Board at any time when jointly
44	44		11 requested by the parties and the services of the mediators
45	45		12 shall continuously be made available to the employer and to
46	46		13 the exclusive bargaining representative for purposes of
47	47		14 arbitration of grievances and mediation or arbitration of
48	48		15 contract disputes. If requested by the parties, the mediator
49	49		16 may perform fact-finding and in so doing conduct hearings and
50	50		17 make written findings and recommendations for resolution of
51	51		18 the dispute. Such mediation shall be provided by the Board and
52	52		19 shall be held before qualified impartial individuals. Nothing
53	53		20 prohibits the use of other individuals or organizations such
54	54		21 as the Federal Mediation and Conciliation Service or the
55	55		22 American Arbitration Association selected by both the
56	56		23 exclusive bargaining representative and the employer.
57	57		24 If the parties engaged in collective bargaining fail to
58	58		25 reach an agreement within 45 days of the scheduled start of the
59	59		26 forthcoming school year and have not requested mediation, the
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	68	+	HB0297 Engrossed- 3 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 3 - LRB103 03824 RJT 48830 b
	69	+	HB0297 Engrossed - 3 - LRB103 03824 RJT 48830 b
70	70		1 Illinois Educational Labor Relations Board shall invoke
71	71		2 mediation.
72	72		3 Whenever mediation is initiated or invoked under this
73	73		4 subsection (a), the parties may stipulate to defer selection
74	74		5 of a mediator in accordance with rules adopted by the Board.
75	75		6 (a-5) This subsection (a-5) applies only to collective
76	76		7 bargaining between a public school district or a combination
77	77		8 of public school districts, including, but not limited to,
78	78		9 joint cooperatives, that is not organized under Article 34 of
79	79		10 the School Code and an exclusive representative of its
80	80		11 employees.
81	81		12 (1) Any time 15 days after mediation has commenced,
82	82		13 either party may initiate the public posting process. The
83	83		14 mediator may initiate the public posting process at any
84	84		15 time 15 days after mediation has commenced during the
85	85		16 mediation process. Initiation of the public posting
86	86		17 process must be filed in writing with the Board, and
87	87		18 copies must be submitted to the parties on the same day the
88	88		19 initiation is filed with the Board.
89	89		20 (2) Within 7 days after the initiation of the public
90	90		21 posting process, each party shall submit to the mediator,
91	91		22 the Board, and the other party in writing the most recent
92	92		23 offer of the party, including a cost summary of the offer.
93	93		24 Seven days after receipt of the parties' offers, the Board
94	94		25 shall make public the offers and each party's cost summary
95	95		26 dealing with those issues on which the parties have failed
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	104	+	HB0297 Engrossed- 4 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 4 - LRB103 03824 RJT 48830 b
	105	+	HB0297 Engrossed - 4 - LRB103 03824 RJT 48830 b
106	106		1 to reach agreement by immediately posting the offers on
107	107		2 its Internet website, unless otherwise notified by the
108	108		3 mediator or jointly by the parties that agreement has been
109	109		4 reached. On the same day of publication by the Board, at a
110	110		5 minimum, the school district shall distribute notice of
111	111		6 the availability of the offers on the Board's Internet
112	112		7 website to all news media that have filed an annual
113	113		8 request for notices from the school district pursuant to
114	114		9 Section 2.02 of the Open Meetings Act. The parties' offers
115	115		10 shall remain on the Board's Internet website until the
116	116		11 parties have reached and ratified an agreement.
117	117		12 (a-10) This subsection (a-10) applies only to collective
118	118		13 bargaining between a public school district organized under
119	119		14 Article 34 of the School Code and an exclusive representative
120	120		15 of its employees, other than educational employees who are
121	121		16 forbidden from striking under this Act. For educational
122	122		17 employees who are forbidden from striking, either the employer
123	123		18 or exclusive representative may elect to utilize the
124	124		19 fact-finding procedures set forth in this subsection (a-10),
125	125		20 except as otherwise specified in paragraph (5) of this
126	126		21 subsection (a-10).
127	127		22 (1) For collective bargaining agreements between an
128	128		23 educational employer to which this subsection (a-10)
129	129		24 applies and an exclusive representative of its employees,
130	130		25 if the parties fail to reach an agreement after a
131	131		26 reasonable period of mediation, the dispute shall be
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	140	+	HB0297 Engrossed- 5 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 5 - LRB103 03824 RJT 48830 b
	141	+	HB0297 Engrossed - 5 - LRB103 03824 RJT 48830 b
142	142		1 submitted to fact-finding in accordance with this
143	143		2 subsection (a-10). Either the educational employer or the
144	144		3 exclusive representative may initiate fact-finding by
145	145		4 submitting a written demand to the other party with a copy
146	146		5 of the demand submitted simultaneously to the Board.
147	147		6 (2) Within 3 days following a party's demand for
148	148		7 fact-finding, each party shall appoint one member of the
149	149		8 fact-finding panel, unless the parties agree to proceed
150	150		9 without a tri-partite panel. Following these appointments,
151	151		10 if any, the parties shall select a qualified impartial
152	152		11 individual to serve as the fact-finder and chairperson of
153	153		12 the fact-finding panel, if applicable. An individual shall
154	154		13 be considered qualified to serve as the fact-finder and
155	155		14 chairperson of the fact-finding panel, if applicable, if
156	156		15 he or she was not the same individual who was appointed as
157	157		16 the mediator and if he or she satisfies the following
158	158		17 requirements: membership in good standing with the
159	159		18 National Academy of Arbitrators, Federal Mediation and
160	160		19 Conciliation Service, or American Arbitration Association
161	161		20 for a minimum of 10 years; membership on the mediation
162	162		21 roster for the Illinois Labor Relations Board or Illinois
163	163		22 Educational Labor Relations Board; issuance of at least 5
164	164		23 interest arbitration awards arising under the Illinois
165	165		24 Public Labor Relations Act; and participation in impasse
166	166		25 resolution processes arising under private or public
167	167		26 sector collective bargaining statutes in other states. If
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	176	+	HB0297 Engrossed- 6 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 6 - LRB103 03824 RJT 48830 b
	177	+	HB0297 Engrossed - 6 - LRB103 03824 RJT 48830 b
178	178		1 the parties are unable to agree on a fact-finder, the
179	179		2 parties shall request a panel of fact-finders who satisfy
180	180		3 the requirements set forth in this paragraph (2) from
181	181		4 either the Federal Mediation and Conciliation Service or
182	182		5 the American Arbitration Association and shall select a
183	183		6 fact-finder from such panel in accordance with the
184	184		7 procedures established by the organization providing the
185	185		8 panel.
186	186		9 (3) The fact-finder shall have the following duties
187	187		10 and powers:
188	188		11 (A) to require the parties to submit a statement
189	189		12 of disputed issues and their positions regarding each
190	190		13 issue either jointly or separately;
191	191		14 (B) to identify disputed issues that are economic
192	192		15 in nature;
193	193		16 (C) to meet with the parties either separately or
194	194		17 in executive sessions;
195	195		18 (D) to conduct hearings and regulate the time,
196	196		19 place, course, and manner of the hearings;
197	197		20 (E) to request the Board to issue subpoenas
198	198		21 requiring the attendance and testimony of witnesses or
199	199		22 the production of evidence;
200	200		23 (F) to administer oaths and affirmations;
201	201		24 (G) to examine witnesses and documents;
202	202		25 (H) to create a full and complete written record
203	203		26 of the hearings;
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	212	+	HB0297 Engrossed- 7 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 7 - LRB103 03824 RJT 48830 b
	213	+	HB0297 Engrossed - 7 - LRB103 03824 RJT 48830 b
214	214		1 (I) to attempt mediation or remand a disputed
215	215		2 issue to the parties for further collective
216	216		3 bargaining;
217	217		4 (J) to require the parties to submit final offers
218	218		5 for each disputed issue either individually or as a
219	219		6 package or as a combination of both; and
220	220		7 (K) to employ any other measures deemed
221	221		8 appropriate to resolve the impasse.
222	222		9 (4) If the dispute is not settled within 75 days after
223	223		10 the appointment of the fact-finding panel, the
224	224		11 fact-finding panel shall issue a private report to the
225	225		12 parties that contains advisory findings of fact and
226	226		13 recommended terms of settlement for all disputed issues
227	227		14 and that sets forth a rationale for each recommendation.
228	228		15 The fact-finding panel, acting by a majority of its
229	229		16 members, shall base its findings and recommendations upon
230	230		17 the following criteria as applicable:
231	231		18 (A) the lawful authority of the employer;
232	232		19 (B) the federal and State statutes or local
233	233		20 ordinances and resolutions applicable to the employer;
234	234		21 (C) prior collective bargaining agreements and the
235	235		22 bargaining history between the parties;
236	236		23 (D) stipulations of the parties;
237	237		24 (E) the interests and welfare of the public and
238	238		25 the students and families served by the employer;
239	239		26 (F) the employer's financial ability to fund the
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	248	+	HB0297 Engrossed- 8 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 8 - LRB103 03824 RJT 48830 b
	249	+	HB0297 Engrossed - 8 - LRB103 03824 RJT 48830 b
250	250		1 proposals based on existing available resources,
251	251		2 provided that such ability is not predicated on an
252	252		3 assumption that lines of credit or reserve funds are
253	253		4 available or that the employer may or will receive or
254	254		5 develop new sources of revenue or increase existing
255	255		6 sources of revenue;
256	256		7 (G) the impact of any economic adjustments on the
257	257		8 employer's ability to pursue its educational mission;
258	258		9 (H) the present and future general economic
259	259		10 conditions in the locality and State;
260	260		11 (I) a comparison of the wages, hours, and
261	261		12 conditions of employment of the employees involved in
262	262		13 the dispute with the wages, hours, and conditions of
263	263		14 employment of employees performing similar services in
264		-	15 public education in the 10 largest U.S. cities, ~~except~~
265		-	16 ~~that~~ for educational employees who are forbidden to
266		-	17 ~~strike,~~ this comparison shall be based on comparable
	264	+	15 public education in the 10 largest U.S. cities, and
	265	+	16 for educational employees who are forbidden to strike,
	266	+	17 this comparison shall be based on comparable
267	267		18 communities;
268	268		19 (J) the average consumer prices in urban areas for
269	269		20 goods and services, which is commonly known as the
270	270		21 cost of living;
271	271		22 (K) the overall compensation presently received by
272	272		23 the employees involved in the dispute, including
273	273		24 direct wage compensation; vacations, holidays, and
274	274		25 other excused time; insurance and pensions; medical
275	275		26 and hospitalization benefits; the continuity and
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	284	+	HB0297 Engrossed- 9 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 9 - LRB103 03824 RJT 48830 b
	285	+	HB0297 Engrossed - 9 - LRB103 03824 RJT 48830 b
286	286		1 stability of employment and all other benefits
287	287		2 received; and how each party's proposed compensation
288	288		3 structure supports the educational goals of the
289		-	4 district, ~~however~~ for educational employees who are
	289	+	4 district, and for educational employees who are
290	290		5 forbidden from striking, this analysis shall also
291	291		6 include all other employees who are employed by the
292	292		7 educational employer;
293	293		8 (L) changes in any of the circumstances listed in
294	294		9 items (A) through (K) of this paragraph (4) during the
295	295		10 fact-finding proceedings;
296	296		11 (M) the effect that any term the parties are at
297	297		12 impasse on has or may have on the overall educational
298	298		13 environment, learning conditions, and working
299	299		14 conditions with the school district; and
300	300		15 (N) the effect that any term the parties are at
301	301		16 impasse on has or may have in promoting the public
302	302		17 policy of this State.
303	303		18 (5) The fact-finding panel's recommended terms of
304	304		19 settlement shall be deemed agreed upon by the parties as
305	305		20 the final resolution of the disputed issues and
306	306		21 incorporated into the collective bargaining agreement
307	307		22 executed by the parties, unless either party tenders to
308	308		23 the other party and the chairperson of the fact-finding
309	309		24 panel a notice of rejection of the recommended terms of
310	310		25 settlement with a rationale for the rejection, within 15
311	311		26 days after the date of issuance of the fact-finding
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	320	+	HB0297 Engrossed- 10 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 10 - LRB103 03824 RJT 48830 b
	321	+	HB0297 Engrossed - 10 - LRB103 03824 RJT 48830 b
322	322		1 panel's report. With regard to educational employees who
323	323		2 are forbidden from striking, if either party submits a
324	324		3 notice of rejection, either party may utilize mandatory
325	325		4 interest arbitration proceedings established in subsection
326	326		5 (e). For all other educational employees subject to this
327	327		6 subsection (a-10), if If either party submits a notice of
328	328		7 rejection, the chairperson of the fact-finding panel shall
329	329		8 publish the fact-finding panel's report and the notice of
330	330		9 rejection for public information by delivering a copy to
331	331		10 all newspapers of general circulation in the community
332	332		11 with simultaneous written notice to the parties.
333	333		12 The changes made to this subsection (a-10) by this
334	334		13 amendatory Act of the 103rd General Assembly apply only to
335	335		14 collective bargaining agreements entered into, modified,
336	336		15 extended, or renewed on or after the effective date of this
337	337		16 amendatory Act of the 103rd General Assembly.
338	338		17 (b) (Blank).
339	339		18 (c) The costs of fact finding and mediation shall be
340	340		19 shared equally between the employer and the exclusive
341	341		20 bargaining agent, provided that, for purposes of mediation
342	342		21 under this Act, if either party requests the use of mediation
343	343		22 services from the Federal Mediation and Conciliation Service,
344	344		23 the other party shall either join in such request or bear the
345	345		24 additional cost of mediation services from another source. All
346	346		25 other costs and expenses of complying with this Section must
347	347		26 be borne by the party incurring them.
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	356	+	HB0297 Engrossed- 11 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 11 - LRB103 03824 RJT 48830 b
	357	+	HB0297 Engrossed - 11 - LRB103 03824 RJT 48830 b
358	358		1 (c-5) If an educational employer or exclusive bargaining
359	359		2 representative refuses to participate in mediation or fact
360	360		3 finding when required by this Section, the refusal shall be
361	361		4 deemed a refusal to bargain in good faith.
362	362		5 (d) Nothing in this Act prevents an employer and an
363	363		6 exclusive bargaining representative from mutually submitting
364	364		7 to final and binding impartial arbitration unresolved issues
365	365		8 concerning the terms of a new collective bargaining agreement.
366		-	9 (e) This subsection ~~only~~ applies to collective ~~bargaining~~
367		-	10 between a public school district organized under ~~Article 34 of~~
368		-	11 the School Code and an exclusive representative ~~of educational~~
369		-	12 employees who are forbidden from striking under ~~this Act after~~
370		-	13 ~~the parties reach impasse when bargaining an initial and any~~
371		-	14 ~~successor collective bargaining agreements.~~ ~~Educational~~
372		-	15 ~~employees who are forbidden from striking have the right~~ to
373		-	16 ~~submit negotiation~~ disputes ~~regarding wages~~, ~~hours, and~~
374		-	17 ~~conditions of employment that are~~ mandatory ~~subjects of~~
375		-	18 ~~bargaining~~ for ~~resolution through the following mandatory~~
376		-	19 ~~arbitration procedures:~~
377		-	20 ~~(1) For collective bargaining agreements between an~~
378		-	21 ~~educational employer and exclusive representative,~~
379		-	22 ~~mediation shall commence 30 days prior~~ to the ~~expiration~~
380		-	23 of a ~~collective bargaining agreement; or upon 15 days'~~
381		-	24 ~~notice from either party;~~ ~~or at such later time as~~ the
382		-	25 mediation ~~services chosen can be provided to the parties.~~
383		-	26 In mediation under this Section, if either party requests
	366	+	9 (e) This subsection (e) applies only to collective
	367	+	10 bargaining between a public school district organized under
	368	+	11 Article 34 of the School Code and an exclusive representative
	369	+	12 of educational employees who are forbidden from striking under
	370	+	13 this Act. Educational employees who are forbidden from
	371	+	14 striking have the right to submit all negotiation disputes,
	372	+	15 including, but not limited to, mid-term disputes and impact
	373	+	16 bargaining disputes, for resolution through the following
	374	+	17 mandatory arbitration procedures:
	375	+	18 (1) For collective bargaining agreements between an
	376	+	19 educational employer and exclusive representative,
	377	+	20 mediation shall commence upon 15 days' notice from either
	378	+	21 party or at such later time as the mediation services so
	379	+	22 chosen can be provided to the parties. If fact-finding
	380	+	23 procedures under subsection (a-10) were utilized, the
	381	+	24 parties shall be deemed to have satisfied the requirement
	382	+	25 to engage in mediation before requesting arbitration. In
	383	+	26 mediation under this Section, if either party requests the
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387	387
388	388
389		-	HB0297 ~~Enrolled~~ - 11 - LRB103 03824 RJT 48830 b
	389	+	HB0297 Engrossed - 11 - LRB103 03824 RJT 48830 b
390	390
391	391
392		-	HB0297 ~~Enrolled~~- 12 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 12 - LRB103 03824 RJT 48830 b
393		-	HB0297 ~~Enrolled~~ - 12 - LRB103 03824 RJT 48830 b
394		-	1 ~~the~~ use of mediation services from the Federal Mediation
395		-	2 ~~and~~ Conciliation Service, the other party shall either
396		-	3 ~~join in~~ such request or bear the additional cost of
397		-	4 ~~mediation~~ services from another source. The mediator shall
398		-	5 ~~have a~~ duty to keep the Board informed on the progress of
399		-	6 ~~the~~ mediation. If any dispute has not been resolved within
400		-	7 15 days after the first meeting of the parties and the
401		-	8 mediator, or within such other time limit as may be
	392	+	HB0297 Engrossed- 12 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 12 - LRB103 03824 RJT 48830 b
	393	+	HB0297 Engrossed - 12 - LRB103 03824 RJT 48830 b
	394	+	1 use of mediation services from the Federal Mediation and
	395	+	2 Conciliation Service, the other party shall either join in
	396	+	3 such request or bear the additional cost of mediation
	397	+	4 services from another source. The mediator shall have a
	398	+	5 duty to keep the Board informed on the progress of the
	399	+	6 mediation. If any dispute has not been resolved within 15
	400	+	7 days after the first meeting of the parties and the
	401	+	8 mediator or within such other time limit as may be
402	402		9 mutually agreed upon by the parties, either the exclusive
403	403		10 representative or employer may request of the other, in
404	404		11 writing, arbitration, and shall submit a copy of the
405	405		12 request to the Board.
406	406		13 (2) Within 10 days after such a request for
407	407		14 arbitration has been made, the educational employer shall
408	408		15 choose a delegate and the employees' exclusive
409	409		16 representative shall choose a delegate to a panel of
410	410		17 arbitration as provided in this Section. The employer and
411	411		18 employees shall forthwith advise the other and the Board
412	412		19 of their selections. The parties may agree to waive the
413		-	20 tripartite panel and use a sole arbitrator to resolve ~~this~~
414		-	21 ~~issue~~.
	413	+	20 tripartite panel and use a sole arbitrator to resolve the
	414	+	21 dispute.
415	415		22 (3) Within 7 days after the request of either party,
416	416		23 the parties shall request a panel of impartial arbitrators
417		-	24 from which they shall select the neutral chairperson, or
418		-	25 sole arbitrator, according to the procedures provided in
	417	+	24 from which they shall select the neutral chairperson or
	418	+	25 sole arbitrator according to the procedures provided in
419	419		26 this Section. If the parties have agreed to a contract
420	420
421	421
422	422
423	423
424	424
425		-	HB0297 ~~Enrolled~~ - 12 - LRB103 03824 RJT 48830 b
	425	+	HB0297 Engrossed - 12 - LRB103 03824 RJT 48830 b
426	426
427	427
428		-	HB0297 ~~Enrolled~~- 13 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 13 - LRB103 03824 RJT 48830 b
429		-	HB0297 ~~Enrolled~~ - 13 - LRB103 03824 RJT 48830 b
	428	+	HB0297 Engrossed- 13 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 13 - LRB103 03824 RJT 48830 b
	429	+	HB0297 Engrossed - 13 - LRB103 03824 RJT 48830 b
430	430		1 that contains a grievance resolution procedure, the
431	431		2 chairperson or sole arbitrator shall be selected using
432	432		3 their agreed contract procedure unless they mutually agree
433		-	4 to another procedure. If the ~~parties fail to notify the~~
434		-	5 ~~Board of their selection of a neutral chairperson within 7~~
435		-	6 ~~days after receipt of~~ the ~~list of impartial arbitrators,~~
436		-	7 ~~the Board shall appoint, at random,~~ a ~~neutral chairperson~~
437		-	8 ~~from~~ the ~~list. In the absence~~ of ~~an agreed contract~~
438		-	9 ~~procedure for selecting an impartial arbitrator,~~ ~~the~~
439		-	10 ~~parties shall submit a request to~~ the ~~Federal Mediation~~
440		-	11 ~~and Conciliation Service for a panel of 7 arbitrators who~~
441		-	12 ~~are members in good standing with the National Academy of~~
442		-	13 Arbitrators~~, and have issued at least 5 interest~~
443		-	14 ~~arbitration awards arising under~~ the ~~Illinois Public Labor~~
444		-	15 ~~Relations Act or this Act.~~ The ~~parties shall conduct a~~
445		-	16 ~~coin toss to determine who strikes first, and~~ the ~~parties~~
446		-	17 ~~shall alternately strike arbitrators from the list until~~
447		-	18 ~~one remains.~~ The parties ~~shall promptly notify the Board~~
448		-	19 of ~~their selection~~.
449		-	20 ~~(4)~~ The ~~chairperson~~ or ~~sole arbitrator shall call a~~
450		-	21 ~~hearing to begin within 15 days and give reasonable notice~~
451		-	22 ~~of the time and place of the hearing.~~ The hearing shall be
452		-	23 ~~held at the offices of the Board~~ or ~~at such~~ other ~~location~~
453		-	24 as the ~~Board deems appropriate. The chairperson~~ or sole
454		-	25 arbitrator ~~shall preside over~~ the ~~hearing and shall take~~
455		-	26 ~~testimony~~. ~~Any oral or documentary~~ evidence ~~and other data~~
	433	+	4 to another procedure. In the absence of an agreed contract
	434	+	5 procedure for selecting an impartial arbitrator, the
	435	+	6 parties shall submit a request to the Federal Mediation
	436	+	7 and Conciliation Services for a panel of 7 arbitrators who
	437	+	8 are members in good standing with the National Academy of
	438	+	9 Arbitrators and have issued at least 5 interest
	439	+	10 arbitration awards arising under either the Illinois
	440	+	11 Public Labor Relations Act or this Act. The parties shall
	441	+	12 conduct a coin toss to determine who strikes first, and
	442	+	13 the parties shall alternately strike arbitrators from the
	443	+	14 list until one remains. The parties shall promptly notify
	444	+	15 the Board of their selection.
	445	+	16 (4) The chairperson or sole arbitrator shall call a
	446	+	17 hearing to begin within 15 days or as otherwise mutually
	447	+	18 agreed upon by the parties and give reasonable notice of
	448	+	19 the time and place of the hearing. The hearing shall be
	449	+	20 held at the offices of the Board or at such other location
	450	+	21 as mutually agreed upon by the parties. The chairperson or
	451	+	22 sole arbitrator shall preside over the hearing and shall
	452	+	23 take testimony. Any oral or documentary evidence and other
	453	+	24 data deemed relevant by the arbitration panel or sole
	454	+	25 arbitrator may be received in evidence. The proceedings
	455	+	26 shall be informal. Technical rules of evidence shall not
456	456
457	457
458	458
459	459
460	460
461		-	HB0297 ~~Enrolled~~ - 13 - LRB103 03824 RJT 48830 b
	461	+	HB0297 Engrossed - 13 - LRB103 03824 RJT 48830 b
462	462
463	463
464		-	HB0297 ~~Enrolled~~- 14 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 14 - LRB103 03824 RJT 48830 b
465		-	HB0297 ~~Enrolled~~ - 14 - LRB103 03824 RJT 48830 b
466		-	1 ~~deemed relevant by~~ the ~~arbitration panel may be received~~
467		-	2 ~~in evidence~~. The proceedings ~~shall be informal. Technical~~
468		-	3 ~~rules of evidence~~ shall ~~not apply~~ and the ~~competency of~~
469		-	4 ~~the evidence shall not thereby~~ be ~~deemed impaired. A~~
470		-	5 ~~verbatim record~~ of the ~~proceedings shall be made and~~ the
471		-	6 ~~arbitrator~~ shall ~~arrange~~ for the ~~necessary recording~~
472		-	7 ~~service~~. ~~Transcripts may be ordered at~~ the expense of the
473		-	8 ~~party ordering them~~, ~~but~~ the ~~transcripts shall not be~~
474		-	9 ~~necessary for a decision~~ by the ~~arbitration panel or sole~~
475		-	10 ~~arbitrator~~. The ~~expense of the proceedings~~, ~~including a~~
476		-	11 ~~fee for~~ the ~~chairperson or sole arbitrator,~~ ~~shall be borne~~
477		-	12 ~~equally~~ by ~~each of~~ the ~~parties to the dispute. The~~
478		-	13 ~~delegates, if public officers~~ or ~~employees, shall continue~~
479		-	14 on the ~~payroll of the public employer without loss of pay.~~
480		-	15 ~~The hearing conducted by~~ the ~~arbitration panel or sole~~
481		-	16 ~~arbitrator may be adjourned from time to time, but unless~~
482		-	17 ~~otherwise agreed by~~ the ~~parties, shall be concluded within~~
483		-	18 ~~30 days of the time of its commencement~~. ~~Majority actions~~
484		-	19 ~~and rulings shall constitute the actions and rulings~~ of
485		-	20 ~~the arbitration panel~~. ~~Arbitration proceedings under this~~
486		-	21 ~~Section shall not be interrupted~~ or ~~terminated by reason~~
487		-	22 of ~~any unfair labor practice charge filed by either party~~
488		-	23 ~~at any time.~~
489		-	24 ~~(5) The arbitration panel or sole arbitrator~~ may
490		-	25 ~~administer oaths,~~ ~~require~~ the ~~attendance of witnesses~~, and
491		-	26 ~~the production of~~ such ~~books~~, ~~papers, contracts,~~
	464	+	HB0297 Engrossed- 14 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 14 - LRB103 03824 RJT 48830 b
	465	+	HB0297 Engrossed - 14 - LRB103 03824 RJT 48830 b
	466	+	1 apply and the competency of the evidence shall not thereby
	467	+	2 be deemed impaired. A verbatim record of the proceedings
	468	+	3 shall be made and the arbitrator shall arrange for the
	469	+	4 necessary recording service. Transcripts may be ordered at
	470	+	5 the expense of the party ordering them, but the
	471	+	6 transcripts shall not be necessary for a decision by the
	472	+	7 arbitration panel or sole arbitrator. The expense of the
	473	+	8 proceedings, including a fee for the chairperson or sole
	474	+	9 arbitrator, shall be borne equally by each of the parties
	475	+	10 to the dispute. The delegates, if educational employees,
	476	+	11 shall continue on the payroll of the educational employer
	477	+	12 without loss of pay. The hearing conducted by the
	478	+	13 arbitration panel or sole arbitrator may be adjourned from
	479	+	14 time to time, but, unless otherwise agreed by the parties,
	480	+	15 shall be concluded within 30 days after the time of its
	481	+	16 commencement. Majority actions and rulings shall
	482	+	17 constitute the actions and rulings of the arbitration
	483	+	18 panel. Arbitration proceedings under this Section shall
	484	+	19 not be interrupted or terminated by reason of any unfair
	485	+	20 labor practice charge filed by either party at any time.
	486	+	21 (5) The arbitration panel or sole arbitrator may
	487	+	22 administer oaths, require the attendance of witnesses and
	488	+	23 the production of such books, papers, contracts,
	489	+	24 agreements, and documents as may be deemed by it material
	490	+	25 to a just determination of the issues in dispute, and, for
	491	+	26 such purpose, may issue subpoenas. If any person refuses
492	492
493	493
494	494
495	495
496	496
497		-	HB0297 ~~Enrolled~~ - 14 - LRB103 03824 RJT 48830 b
	497	+	HB0297 Engrossed - 14 - LRB103 03824 RJT 48830 b
498	498
499	499
500		-	HB0297 ~~Enrolled~~- 15 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 15 - LRB103 03824 RJT 48830 b
501		-	HB0297 ~~Enrolled~~ - 15 - LRB103 03824 RJT 48830 b
502		-	1 ~~agreements, and documents as may~~ be ~~deemed by it material~~
503		-	2 ~~to a just determination~~ of ~~the issues in dispute, and for~~
504		-	3 ~~such purpose may issue subpoenas. If~~ any ~~person refuses to~~
505		-	4 ~~obey a subpoena~~, or ~~refuses to be sworn or to testify, or~~
506		-	5 ~~if any witness~~, ~~party, or attorney is guilty~~ of any
507		-	6 ~~contempt while~~ in ~~attendance at any~~ hearing~~, the~~
508		-	7 ~~arbitration panel or sole arbitrator may~~, ~~or the Attorney~~
509		-	8 ~~General if requested shall, invoke~~ the ~~aid of any circuit~~
510		-	9 ~~court within the jurisdiction in which the hearing is~~
511		-	10 ~~being held,~~ ~~which court shall issue~~ an ~~appropriate order.~~
512		-	11 ~~Any failure to obey~~ the ~~order may be punished by the court~~
513		-	12 ~~as contempt.~~
514		-	13 ~~(6) At any time before~~ the ~~rendering of an award,~~ the
515		-	14 ~~chairperson of the arbitration panel or sole arbitrator,~~
516		-	15 if the ~~chairperson of the arbitration panel or sole~~
517		-	16 ~~arbitrator is~~ of ~~the opinion that it would be useful or~~
518		-	17 ~~beneficial~~ to ~~do so, may remand~~ the ~~dispute to the parties~~
519		-	18 ~~for further collective bargaining for a period not to~~
520		-	19 ~~exceed 2 weeks.~~ If the ~~dispute is remanded for further~~
521		-	20 ~~collective bargaining,~~ the ~~time provisions~~ of ~~this Act~~
522		-	21 ~~shall be extended for a time period equal~~ to ~~that of~~ the
523		-	22 ~~remand.~~ The ~~chairperson of the arbitration panel or sole~~
524		-	23 ~~arbitrator shall notify the Board~~ of the ~~remand.~~
525		-	24 ~~(7) At or before~~ the ~~conclusion of~~ the ~~hearing held~~
526		-	25 ~~pursuant to paragraph (4), the arbitration~~ panel or sole
527		-	26 ~~arbitrator shall identify~~ the ~~economic issues in dispute,~~
	500	+	HB0297 Engrossed- 15 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 15 - LRB103 03824 RJT 48830 b
	501	+	HB0297 Engrossed - 15 - LRB103 03824 RJT 48830 b
	502	+	1 to obey a subpoena or refuses to be sworn or to testify or
	503	+	2 if any witness, party, or attorney is guilty of contempt
	504	+	3 while in attendance at any hearing, the arbitration panel
	505	+	4 or sole arbitrator may, or the Attorney General if
	506	+	5 requested shall, invoke the aid of any circuit court
	507	+	6 within the jurisdiction in which the hearing is being
	508	+	7 held, which court shall issue an appropriate order. Any
	509	+	8 failure to obey the order may be punished by the court as
	510	+	9 contempt.
	511	+	10 (6) At any time before the rendering of an award, the
	512	+	11 chairperson of the arbitration panel or sole arbitrator,
	513	+	12 if he or she is of the opinion that it would be useful or
	514	+	13 beneficial to do so, may remand the dispute to the parties
	515	+	14 for further collective bargaining for a period not to
	516	+	15 exceed 2 weeks. If the dispute is remanded for further
	517	+	16 collective bargaining, the time provisions of this Act
	518	+	17 shall be extended for a time period equal to that of the
	519	+	18 remand. The chairperson of the panel of arbitration or
	520	+	19 sole arbitrator shall notify the Board of the remand.
	521	+	20 (7) At or before the conclusion of the hearing held
	522	+	21 pursuant to paragraph (4), the arbitration panel or sole
	523	+	22 arbitrator shall identify the economic issues in dispute
	524	+	23 and direct each of the parties to submit, within such time
	525	+	24 limit as the panel shall prescribe, to the arbitration
	526	+	25 panel or sole arbitrator and to each other its last offer
	527	+	26 of settlement on each economic issue. The determination of
528	528
529	529
530	530
531	531
532	532
533		-	HB0297 ~~Enrolled~~ - 15 - LRB103 03824 RJT 48830 b
	533	+	HB0297 Engrossed - 15 - LRB103 03824 RJT 48830 b
534	534
535	535
536		-	HB0297 ~~Enrolled~~- 16 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 16 - LRB103 03824 RJT 48830 b
537		-	HB0297 ~~Enrolled~~ - 16 - LRB103 03824 RJT 48830 b
538		-	1 ~~and direct each of~~ the ~~parties to submit, within such time~~
539		-	2 ~~limit~~ as ~~the panel shall prescribe,~~ to ~~the arbitration~~
540		-	3 panel or sole ~~arbitrator and to each other its last offer~~
541		-	4 ~~of settlement on each economic issue.~~ The ~~determination~~ of
542		-	5 ~~the arbitration panel~~ or ~~sole arbitrator as~~ to the ~~issues~~
543		-	6 ~~in dispute and as to which~~ of ~~these issues are economic~~
544		-	7 shall ~~be conclusive. The arbitration panel~~ or ~~sole~~
545		-	8 ~~arbitrator, within 30 days after~~ the ~~conclusion of the~~
546		-	9 ~~hearing, or such further additional periods~~ to ~~which the~~
547		-	10 ~~parties may agree~~, shall ~~make written findings of fact and~~
548		-	11 adopt ~~a written~~ opinion ~~and shall mail or otherwise~~
549		-	12 ~~deliver a true copy thereof to~~ the ~~parties and their~~
550		-	13 ~~representatives and to~~ the ~~Board. As to each economic~~
551		-	14 ~~issue,~~ the ~~arbitration panel or sole arbitrator shall~~
552		-	15 ~~adopt~~ the ~~last offer of settlement which, in the opinion~~
553		-	16 ~~of the arbitration panel or sole arbitrator, more nearly~~
554		-	17 ~~complies with~~ the ~~applicable factors prescribed in~~
555		-	18 ~~paragraph (8).~~ The ~~findings, opinions,~~ ~~and order as to all~~
556		-	19 ~~other issues shall be based upon the applicable factors~~
557		-	20 ~~prescribed in paragraph (8).~~
558		-	21 ~~(8)~~ The ~~arbitration decision shall be limited to~~
559		-	22 ~~mandatory subjects of bargaining. If there is no~~ agreement
560		-	23 ~~between the parties~~, ~~or if there is an agreement but the~~
561		-	24 ~~parties have begun negotiations or discussions looking to~~
562		-	25 a ~~new agreement or amendment~~ of the ~~existing agreement,~~
563		-	26 and ~~wage rates~~ or ~~other conditions of employment under the~~
	536	+	HB0297 Engrossed- 16 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 16 - LRB103 03824 RJT 48830 b
	537	+	HB0297 Engrossed - 16 - LRB103 03824 RJT 48830 b
	538	+	1 the arbitration panel or sole arbitrator as to the issues
	539	+	2 in dispute and as to which of these issues are economic
	540	+	3 shall be conclusive. The arbitration panel or sole
	541	+	4 arbitrator, within 30 days after the conclusion of the
	542	+	5 hearing or such further additional periods to which the
	543	+	6 parties may agree, shall make written findings of fact and
	544	+	7 promulgate a written opinion and shall mail or otherwise
	545	+	8 deliver a true copy thereof to the parties and their
	546	+	9 representatives and to the Board. As to each economic
	547	+	10 issue, the arbitration panel or sole arbitrator shall
	548	+	11 adopt the last offer of settlement that, in the opinion of
	549	+	12 the arbitration panel or sole arbitrator, more nearly
	550	+	13 complies with the applicable factors prescribed in
	551	+	14 paragraph (8). The findings, opinions, and order as to all
	552	+	15 other issues shall be based upon the applicable factors
	553	+	16 prescribed in paragraph (8).
	554	+	17 (8) If there is no agreement between the parties or if
	555	+	18 there is an agreement but the parties have begun
	556	+	19 negotiations or discussions looking to a new agreement or
	557	+	20 amendment of the existing agreement and wage rates or
	558	+	21 other conditions of employment under the proposed new or
	559	+	22 amended agreement are in dispute, the arbitration panel or
	560	+	23 sole arbitrator shall base its findings, opinions, and
	561	+	24 order upon the following factors, as applicable:
	562	+	25 (A) the lawful authority of the employer;
	563	+	26 (B) the federal and State statutes or local
564	564
565	565
566	566
567	567
568	568
569		-	HB0297 ~~Enrolled~~ - 16 - LRB103 03824 RJT 48830 b
	569	+	HB0297 Engrossed - 16 - LRB103 03824 RJT 48830 b
570	570
571	571
572		-	HB0297 ~~Enrolled~~- 17 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 17 - LRB103 03824 RJT 48830 b
573		-	HB0297 ~~Enrolled~~ - 17 - LRB103 03824 RJT 48830 b
574		-	1 ~~proposed new or amended agreement are in dispute,~~ the
575		-	2 ~~arbitration panel shall base its findings, opinions, and~~
576		-	3 ~~order upon~~ the ~~following factors, as applicable:~~
577		-	4 ~~(A)~~ the ~~lawful authority of the employer~~;
578		-	5 (B) the ~~federal and State statutes or local~~
579		-	6 ~~ordinances~~ and ~~resolutions applicable to~~ the ~~employer;~~
580		-	7 ~~(C) prior collective bargaining agreements~~ and the
581		-	8 ~~bargaining history between~~ the ~~parties;~~
582		-	9 ~~(D) stipulations of the parties;~~
583		-	10 ~~(E) the interests and welfare of the public and~~
584		-	11 ~~the students and families served by the employer;~~
585		-	12 ~~(F)~~ the employer~~'s financial ability to fund the~~
586		-	13 ~~proposals based on~~ existing ~~available resources,~~
587		-	14 ~~provided that such ability is not predicated on an~~
588		-	15 ~~assumption that lines~~ of ~~credit or reserve funds are~~
589		-	16 ~~available or that the employer may or will receive or~~
590		-	17 ~~develop new sources of revenue or increase existing~~
591		-	18 ~~sources of revenue~~;
592		-	19 (G) the ~~impact of any economic adjustments on the~~
593		-	20 ~~employer's ability to pursue its educational mission;~~
594		-	21 ~~(H)~~ the ~~present~~ and ~~future general economic~~
595		-	22 ~~conditions~~ in ~~the locality and State;~~
596		-	23 ~~(I) a comparison of the wages, hours, and~~
597		-	24 ~~conditions of employment of~~ the ~~employees involved~~ in
598		-	25 ~~the arbitration proceeding with~~ the ~~wages, hours, and~~
599		-	26 ~~conditions~~ of ~~employment of other employees performing~~
	572	+	HB0297 Engrossed- 17 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 17 - LRB103 03824 RJT 48830 b
	573	+	HB0297 Engrossed - 17 - LRB103 03824 RJT 48830 b
	574	+	1 ordinances and resolutions applicable to the employer
	575	+	2 or employees;
	576	+	3 (C) prior collective bargaining agreements and the
	577	+	4 bargaining history between the parties;
	578	+	5 (D) stipulations of the parties;
	579	+	6 (E) the interests and welfare of the public and
	580	+	7 the students and families served by the employer;
	581	+	8 (F) the employer's financial ability to fund the
	582	+	9 proposals based on existing available resources,
	583	+	10 provided that such ability is not predicated on an
	584	+	11 assumption that lines of credit or reserve funds are
	585	+	12 available or that the employer may or will receive or
	586	+	13 develop new sources of revenue or increase existing
	587	+	14 sources of revenue;
	588	+	15 (G) the impact of any economic adjustments on the
	589	+	16 employer's ability to pursue its educational mission;
	590	+	17 (H) the present and future general economic
	591	+	18 conditions in the locality and State;
	592	+	19 (I) a comparison of the wages, hours, and
	593	+	20 conditions of employment of the employees involved in
	594	+	21 the dispute with the wages, hours, and conditions of
	595	+	22 employment of employees performing similar services in
	596	+	23 public education in comparable communities;
	597	+	24 (J) the average consumer prices in urban areas for
	598	+	25 goods and services, which is commonly known as the
	599	+	26 cost of living;
600	600
601	601
602	602
603	603
604	604
605		-	HB0297 ~~Enrolled~~ - 17 - LRB103 03824 RJT 48830 b
	605	+	HB0297 Engrossed - 17 - LRB103 03824 RJT 48830 b
606	606
607	607
608		-	HB0297 ~~Enrolled~~- 18 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 18 - LRB103 03824 RJT 48830 b
609		-	HB0297 ~~Enrolled~~ - 18 - LRB103 03824 RJT 48830 b
610		-	1 ~~similar services in public education in~~ the ~~10 largest~~
611		-	2 ~~cities~~ in the ~~United States;~~
612		-	3 ~~(J)~~ the ~~average consumer prices in urban areas for~~
613		-	4 ~~goods and services~~, ~~which is commonly known as the~~
614		-	5 ~~cost of living~~;
615		-	6 ~~(K) the overall compensation presently received by~~
616		-	7 the ~~employees involved in the dispute~~ and by all ~~other~~
617		-	8 ~~employees who are employed by the educational~~
618		-	9 ~~employer, including direct wage compensation;~~
619		-	10 ~~vacations, holidays,~~ ~~and other excused time, insurance~~
620		-	11 ~~and pensions,~~ ~~medical and hospitalization benefits,~~
621		-	12 ~~the continuity and stability~~ of ~~employment and all~~
622		-	13 ~~other benefits received, and how each party's proposed~~
623		-	14 ~~compensation structure supports~~ the ~~educational goals~~
624		-	15 of the ~~district;~~
625		-	16 ~~(L) changes in any of the circumstances listed in~~
626		-	17 ~~items (A) through (K) of this paragraph (8) during~~ the
627		-	18 ~~arbitration proceedings;~~
628		-	19 ~~(M)~~ the ~~effect that any term the parties are at~~
629		-	20 ~~impasse on has or may have on the overall educational~~
630		-	21 ~~environment~~, ~~learning conditions,~~ ~~and working~~
631		-	22 ~~conditions with the school district;~~ ~~and~~
632		-	23 ~~(N)~~ the ~~effect that any term the parties are at~~
633		-	24 ~~impasse on has or may have in promoting the public~~
634		-	25 ~~policy of this State.~~
635		-	26 ~~No terms~~ in the ~~arbitration award or order may~~
	608	+	HB0297 Engrossed- 18 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 18 - LRB103 03824 RJT 48830 b
	609	+	HB0297 Engrossed - 18 - LRB103 03824 RJT 48830 b
	610	+	1 (K) the overall compensation presently received by
	611	+	2 the employees involved in the dispute and by all other
	612	+	3 employees who are employed by the educational
	613	+	4 employer, including direct wage compensation;
	614	+	5 vacations, holidays, and other excused time; insurance
	615	+	6 and pensions; medical and hospitalization benefits;
	616	+	7 the continuity and stability of employment and all
	617	+	8 other benefits received; and how each party's proposed
	618	+	9 compensation structure supports the educational goals
	619	+	10 of the district;
	620	+	11 (L) changes in any of the circumstances listed in
	621	+	12 items (A) through (K) of this paragraph (8) during the
	622	+	13 arbitration proceedings;
	623	+	14 (M) the effect that any term the parties are at
	624	+	15 impasse on has or may have on the overall educational
	625	+	16 environment, learning conditions, and working
	626	+	17 conditions with the school district;
	627	+	18 (N) the effect that any term the parties are at
	628	+	19 impasse on has or may have in promoting the public
	629	+	20 policy of this State; and
	630	+	21 (O) such other factors, not confined to the
	631	+	22 foregoing, that are normally or traditionally taken in
	632	+	23 consideration in the determination of wages, hours,
	633	+	24 and conditions of employment through voluntary
	634	+	25 collective bargaining, mediation, fact-finding, or
	635	+	26 arbitration or otherwise between the parties in the
636	636
637	637
638	638
639	639
640	640
641		-	HB0297 ~~Enrolled~~ - 18 - LRB103 03824 RJT 48830 b
	641	+	HB0297 Engrossed - 18 - LRB103 03824 RJT 48830 b
642	642
643	643
644		-	HB0297 ~~Enrolled~~- 19 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 19 - LRB103 03824 RJT 48830 b
645		-	HB0297 ~~Enrolled~~ - 19 - LRB103 03824 RJT 48830 b
646		-	1 ~~conflict with any terms and conditions set forth in a~~
647		-	2 ~~collective bargaining agreement between the educational~~
648		-	3 ~~employer and another collective bargaining representative.~~
649		-	4 (9) ~~Arbitration procedures shall be deemed to be~~
650		-	5 ~~initiated by~~ the ~~filing~~ of ~~a letter requesting mediation~~
651		-	6 ~~as required~~ under ~~paragraph (1).~~ The ~~commencement of a new~~
652		-	7 ~~fiscal year after the initiation of arbitration procedures~~
653		-	8 ~~under this Act,~~ ~~but before~~ the ~~arbitration decision,~~ or
654		-	9 its ~~enforcement, shall not be deemed to render a dispute~~
655		-	10 ~~moot, or to otherwise impair~~ the ~~jurisdiction or authority~~
656		-	11 ~~of the~~ arbitration panel or sole arbitrator ~~or its~~
657		-	12 ~~decision. Increases in rates~~ of ~~compensation awarded by~~
658		-	13 the arbitration ~~panel or sole arbitrator may be effective~~
659		-	14 ~~only at~~ the ~~start~~ of ~~the fiscal year next commencing after~~
660		-	15 ~~the date of the arbitration award.~~ ~~If a new fiscal year has~~
661		-	16 ~~commenced either since~~ the ~~initiation~~ of ~~arbitration~~
662		-	17 ~~procedures~~ under this Act ~~or since any mutually agreed~~
663		-	18 ~~extension~~ of the ~~statutorily required period of mediation~~
664		-	19 ~~under this Act by the parties to the labor dispute causing~~
665		-	20 ~~a delay in~~ the ~~initiation~~ of ~~arbitration,~~ the ~~foregoing~~
666		-	21 ~~limitations shall be inapplicable~~, ~~and such awarded~~
667		-	22 ~~increases may be retroactive to~~ the ~~commencement of the~~
668		-	23 ~~fiscal year~~, ~~any other statute~~ or ~~charter provisions to~~
669		-	24 ~~the contrary,~~ ~~notwithstanding. At any time~~ the ~~parties, by~~
670		-	25 ~~stipulation~~, ~~may amend or modify an award of arbitration.~~
671		-	26 ~~(10) Orders of~~ the ~~arbitration panel~~ or ~~sole~~
	644	+	HB0297 Engrossed- 19 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 19 - LRB103 03824 RJT 48830 b
	645	+	HB0297 Engrossed - 19 - LRB103 03824 RJT 48830 b
	646	+	1 public service or private employment.
	647	+	2 (9) Arbitration procedures shall be deemed to be
	648	+	3 initiated by the filing of a letter requesting mediation
	649	+	4 as required under paragraph (1). The commencement of a new
	650	+	5 fiscal year after the initiation of arbitration procedures
	651	+	6 under this Act but before the arbitration decision or its
	652	+	7 enforcement shall not be deemed to render a dispute moot
	653	+	8 or to otherwise impair the jurisdiction or authority of
	654	+	9 the arbitration panel or sole arbitrator or its decision.
	655	+	10 Increases in rates of compensation awarded by the
	656	+	11 arbitration panel or sole arbitrator may be effective only
	657	+	12 at the start of the fiscal year next commencing after the
	658	+	13 date of the arbitration award. If a new fiscal year has
	659	+	14 commenced either since the initiation of arbitration
	660	+	15 procedures under this Act or since any mutually agreed
	661	+	16 extension of the statutorily required period of mediation
	662	+	17 under this Act by the parties to the labor dispute causing
	663	+	18 a delay in the initiation of arbitration, the foregoing
	664	+	19 limitations shall be inapplicable, and such awarded
	665	+	20 increases may be retroactive to the commencement of the
	666	+	21 fiscal year, any other statute or charter provisions to
	667	+	22 the contrary, notwithstanding. At any time the parties, by
	668	+	23 stipulation, may amend or modify an award of arbitration.
	669	+	24 (10) Orders of the arbitration panel or sole
	670	+	25 arbitrator shall be reviewable, upon appropriate petition
	671	+	26 by either the educational employer or the exclusive
672	672
673	673
674	674
675	675
676	676
677		-	HB0297 ~~Enrolled~~ - 19 - LRB103 03824 RJT 48830 b
	677	+	HB0297 Engrossed - 19 - LRB103 03824 RJT 48830 b
678	678
679	679
680		-	HB0297 ~~Enrolled~~- 20 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 20 - LRB103 03824 RJT 48830 b
681		-	HB0297 ~~Enrolled~~ - 20 - LRB103 03824 RJT 48830 b
682		-	1 ~~arbitrator shall be reviewable~~, ~~upon appropriate petition~~
683		-	2 ~~by either~~ the ~~educational employer~~ or ~~the exclusive~~
684		-	3 ~~bargaining representative, by~~ the ~~circuit court~~ for ~~the~~
685		-	4 ~~county in which~~ the ~~dispute arose~~ or ~~in which a majority of~~
686		-	5 the ~~affected employees reside, but only for reasons that~~
687		-	6 ~~the arbitration panel~~ or ~~sole arbitrator~~ was ~~without or~~
688		-	7 ~~exceeded its statutory authority;~~ ~~the order is arbitrary,~~
689		-	8 ~~or capricious;~~ or the ~~order was procured by fraud,~~
690		-	9 ~~collusion, or other similar and unlawful means.~~ ~~Such~~
691		-	10 ~~petitions for review must be filed with~~ the ~~appropriate~~
692		-	11 ~~circuit court within 90 days following~~ the ~~issuance~~ of the
693		-	12 arbitration ~~order~~. The ~~pendency of such proceeding for~~
694		-	13 ~~review~~ shall ~~not automatically stay the order of the~~
695		-	14 ~~arbitration panel~~ or ~~sole arbitrator.~~ ~~The party against~~
696		-	15 ~~whom the final decision of any such court~~ shall be
697		-	16 ~~adverse~~, ~~if such~~ court ~~finds such appeal or petition to be~~
698		-	17 ~~frivolous, shall pay reasonable attorney~~'s ~~fees and costs~~
699		-	18 ~~to the successful party as determined by said court in its~~
700		-	19 ~~discretion. If said court's decision affirms~~ the ~~award of~~
701		-	20 ~~money, such award, if retroactive, shall bear interest at~~
702		-	21 the ~~rate~~ of ~~12% per annum from~~ the ~~effective retroactive~~
703		-	22 ~~date.~~
704		-	23 ~~(11) During the pendency~~ of ~~proceedings before the~~
705		-	24 ~~arbitration panel or sole arbitrator,~~ ~~existing wages,~~
706		-	25 ~~hours~~, ~~and other conditions of employment shall not be~~
707		-	26 ~~changed by action of either party without~~ the ~~consent of~~
	680	+	HB0297 Engrossed- 20 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 20 - LRB103 03824 RJT 48830 b
	681	+	HB0297 Engrossed - 20 - LRB103 03824 RJT 48830 b
	682	+	1 bargaining representative, by the circuit court for the
	683	+	2 county in which the dispute arose or in which a majority of
	684	+	3 the affected employees reside but only for reasons that
	685	+	4 the arbitration panel or sole arbitrator was without or
	686	+	5 exceeded its statutory authority; the order is arbitrary
	687	+	6 or capricious; or the order was procured by fraud,
	688	+	7 collusion, or other similar and unlawful means. Such
	689	+	8 petitions for review must be filed with the appropriate
	690	+	9 circuit court within 90 days following the issuance of the
	691	+	10 arbitration order. The pendency of such proceeding for
	692	+	11 review shall not automatically stay the order of the
	693	+	12 arbitration panel or sole arbitrator. The party against
	694	+	13 whom the final decision of any such court shall be
	695	+	14 adverse, if such court finds such appeal or petition to be
	696	+	15 frivolous, shall pay reasonable attorney's fees and costs
	697	+	16 to the successful party, as determined by the court in its
	698	+	17 discretion. If the court's decision affirms the award of
	699	+	18 money, such award, if retroactive, shall bear interest at
	700	+	19 the rate of 12% per annum from the effective retroactive
	701	+	20 date.
	702	+	21 (11) During the pendency of proceedings before the
	703	+	22 arbitration panel or sole arbitrator, existing wages,
	704	+	23 hours, and other conditions of employment shall not be
	705	+	24 changed by action of either party without the consent of
	706	+	25 the other, but a party may so consent without prejudice to
	707	+	26 his or her rights or position under this Act. The
708	708
709	709
710	710
711	711
712	712
713		-	HB0297 ~~Enrolled~~ - 20 - LRB103 03824 RJT 48830 b
	713	+	HB0297 Engrossed - 20 - LRB103 03824 RJT 48830 b
714	714
715	715
716		-	HB0297 ~~Enrolled~~- 21 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 21 - LRB103 03824 RJT 48830 b
717		-	HB0297 ~~Enrolled~~ - 21 - LRB103 03824 RJT 48830 b
718		-	1 ~~the other but a party may so consent without prejudice~~ to
719		-	2 ~~the party's rights~~ or ~~position under this Act.~~ The
720		-	3 ~~proceedings are deemed to be pending before~~ the
721		-	4 ~~arbitration panel or sole arbitrator upon the initiation~~
722		-	5 ~~of arbitration procedures under this Act.~~
723		-	6 ~~(12) The educational~~ employees ~~covered by this Section~~
724		-	7 ~~may not withhold services, nor may educational employers~~
725		-	8 ~~lock out or prevent such employees from performing~~
726		-	9 ~~services at any time.~~
727		-	10 ~~(13) All of~~ the ~~terms decided upon by the arbitration~~
728		-	11 ~~panel~~ or ~~sole arbitrator shall be included in an agreement~~
729		-	12 ~~to be submitted to~~ the ~~educational employer's governing~~
730		-	13 body ~~for ratification and adoption~~ by ~~law, ordinance, or~~
731		-	14 the ~~equivalent appropriate means~~.
732		-	15 The ~~governing body shall review each term decided by~~
733		-	16 ~~the arbitration~~ panel or sole arbitrator~~. If the governing~~
734		-	17 ~~body fails to reject one or more terms~~ of the ~~arbitration~~
735		-	18 ~~panel's or sole arbitrator's decision by a 3/5 vote~~ of
736		-	19 ~~those duly elected and qualified members of~~ the governing
737		-	20 ~~body, at the next regularly scheduled meeting~~ of the
738		-	21 governing body ~~after issuance, such term or terms shall~~
739		-	22 ~~become a part~~ of the ~~collective bargaining agreement of~~
740		-	23 ~~the parties.~~ ~~If the governing body affirmatively rejects~~
741		-	24 ~~one or more terms of the arbitration panel's or sole~~
742		-	25 ~~arbitrator's decision~~, ~~it must provide reasons for~~ such
743		-	26 ~~rejection with respect~~ to ~~each term so rejected,~~ ~~within 20~~
	716	+	HB0297 Engrossed- 21 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 21 - LRB103 03824 RJT 48830 b
	717	+	HB0297 Engrossed - 21 - LRB103 03824 RJT 48830 b
	718	+	1 proceedings are deemed to be pending before the
	719	+	2 arbitration panel or sole arbitrator upon the initiation
	720	+	3 of arbitration procedures under this Act. The educational
	721	+	4 employees covered by this subsection (e) may not withhold
	722	+	5 services, nor may educational employers lock out or
	723	+	6 prevent such employees from performing services at any
	724	+	7 time.
	725	+	8 (12) All of the terms decided upon by the arbitration
	726	+	9 panel or sole arbitrator shall be included in an agreement
	727	+	10 to be submitted to the educational employer's governing
	728	+	11 body for ratification and adoption by law, ordinance, or
	729	+	12 the equivalent appropriate means.
	730	+	13 The governing body shall review each term decided by
	731	+	14 the arbitration panel or sole arbitrator. If the governing
	732	+	15 body fails to reject one or more terms of the arbitration
	733	+	16 panel's or sole arbitrator's decision by a three-fifths
	734	+	17 vote of those duly elected and qualified members of the
	735	+	18 governing body at the next regularly scheduled meeting of
	736	+	19 the governing body after issuance, such term or terms
	737	+	20 shall become a part of the collective bargaining agreement
	738	+	21 of the parties. If the governing body affirmatively
	739	+	22 rejects one or more terms of the arbitration panel's or
	740	+	23 sole arbitrator's decision, it must provide written
	741	+	24 reasons for such rejection with respect to each term so
	742	+	25 rejected, within 20 days after such rejection and the
	743	+	26 parties shall return to the arbitration panel or sole
744	744
745	745
746	746
747	747
748	748
749		-	HB0297 ~~Enrolled~~ - 21 - LRB103 03824 RJT 48830 b
	749	+	HB0297 Engrossed - 21 - LRB103 03824 RJT 48830 b
750	750
751	751
752		-	HB0297 ~~Enrolled~~- 22 -LRB103 03824 RJT 48830 b HB0297 ~~Enrolled~~ - 22 - LRB103 03824 RJT 48830 b
753		-	HB0297 ~~Enrolled~~ - 22 - LRB103 03824 RJT 48830 b
754		-	1 ~~days~~ of ~~such rejection and the parties shall return to the~~
755		-	2 ~~arbitration panel or sole arbitrator for further~~
756		-	3 ~~proceedings and issuance of a~~ supplemental decision ~~with~~
757		-	4 ~~respect~~ to the ~~rejected terms. Any supplemental decision~~
758		-	5 ~~by an arbitration panel,~~ ~~sole arbitrator,~~ ~~or other~~
759		-	6 ~~decision maker agreed to by the parties~~ shall ~~be submitted~~
760		-	7 to ~~the governing body for ratification and adoption in~~
761		-	8 ~~accordance with the procedures and~~ voting requirements ~~set~~
762		-	9 ~~forth~~ in ~~this Section.~~ ~~The voting requirements of this~~
763		-	10 ~~subsection shall apply to all disputes submitted to~~
764		-	11 ~~arbitration pursuant~~ to ~~this Section notwithstanding any~~
765		-	12 ~~contrary voting requirements contained in any existing~~
766		-	13 ~~collective bargaining agreement between~~ the ~~parties.~~
767		-	14 ~~(14) If~~ the ~~governing body~~ of the ~~employer votes to~~
768		-	15 ~~reject the panel's or sole arbitrator's decision,~~ ~~the~~
769		-	16 ~~parties shall return to the panel or sole arbitrator~~
770		-	17 ~~within 30 days from~~ the ~~issuance of the reasons for~~
771		-	18 ~~rejection for further proceedings and issuance of a~~
772		-	19 ~~supplemental decision.~~ ~~All reasonable costs of such~~
773		-	20 ~~supplemental proceeding including the exclusive~~
774		-	21 ~~representative's reasonable attorney's fees,~~ as
775		-	22 ~~established by the Board~~, ~~shall be paid by~~ the educational
776		-	23 ~~employer.~~
777		-	24 ~~(15) Notwithstanding the provisions~~ of ~~this Section,~~
778		-	25 ~~the educational employer and exclusive representative may~~
779		-	26 ~~agree to submit unresolved disputes concerning wages,~~
	752	+	HB0297 Engrossed- 22 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 22 - LRB103 03824 RJT 48830 b
	753	+	HB0297 Engrossed - 22 - LRB103 03824 RJT 48830 b
	754	+	1 arbitrator for further proceedings and issuance of a
	755	+	2 supplemental decision with respect to the rejected terms.
	756	+	3 Any supplemental decision by an arbitration panel, sole
	757	+	4 arbitrator, or other decision maker agreed to by the
	758	+	5 parties shall be final and binding on the parties. The
	759	+	6 voting requirements of this subsection (e) shall apply to
	760	+	7 all disputes submitted to arbitration pursuant to this
	761	+	8 Section, notwithstanding any contrary voting requirements
	762	+	9 contained in any existing collective bargaining agreement
	763	+	10 between the parties.
	764	+	11 (13) If the governing body of the employer votes to
	765	+	12 reject the panel's or sole arbitrator's decision, the
	766	+	13 parties shall return to the panel or sole arbitrator
	767	+	14 within 30 days from the issuance of the reasons for
	768	+	15 rejection for further proceedings and issuance of a final
	769	+	16 and binding supplemental decision. All reasonable costs of
	770	+	17 such supplemental proceeding, including the exclusive
	771	+	18 representative's reasonable attorney's fees, as
	772	+	19 established by the Board, shall be paid by the educational
	773	+	20 employer.
	774	+	21 (14) Notwithstanding the other provisions of this
	775	+	22 subsection (e), the educational employer and exclusive
	776	+	23 representative may agree to submit unresolved disputes
	777	+	24 concerning wages, hours, terms, and conditions of
	778	+	25 employment to an alternative form of impasse resolution.
	779	+	26 (15) The costs of mediation and arbitration shall be
780	780
781	781
782	782
783	783
784	784
785		-	HB0297 ~~Enrolled~~ - 22 - LRB103 03824 RJT 48830 b
	785	+	HB0297 Engrossed - 22 - LRB103 03824 RJT 48830 b
786	786
787	787
788		-	HB0297 Enrolled- 23 -LRB103 03824 RJT 48830 b HB0297 Enrolled - 23 - LRB103 03824 RJT 48830 b
789		-	HB0297 Enrolled - 23 - LRB103 03824 RJT 48830 b
790		-	1 hours, terms, and conditions of employment to an
791		-	2 alternative form of impasse resolution.
792		-	3 (16) The costs of mediation and arbitration shall be
793		-	4 shared equally between the educational employer and the
794		-	5 exclusive bargaining agent, provided that for purposes of
795		-	6 mediation under this Act, if either party requests the use
796		-	7 of mediation services from the Federal Mediation and
797		-	8 Conciliation Service, the other party shall either join in
798		-	9 such request or bear the additional cost of mediation
799		-	10 services from another source. All other costs and expenses
800		-	11 of complying with this Section must be borne by the party
801		-	12 incurring them, except as otherwise expressly provided.
802		-	13 (17) If an educational employer or exclusive
803		-	14 bargaining representative refuses to participate in
804		-	15 mediation or arbitration when required by this Section,
805		-	16 the refusal shall be deemed a refusal to bargain in good
806		-	17 faith.
807		-	18 (18) Nothing in this Act prevents an employer and an
808		-	19 exclusive bargaining representative who are not subject to
809		-	20 mandatory arbitration under this Section from mutually
810		-	21 submitting to final and binding impartial arbitration
811		-	22 unresolved issues concerning the terms of a new collective
812		-	23 bargaining agreement.
813		-	24 This subsection (e) applies only to collective bargaining
814		-	25 agreements entered into, modified, extended, or renewed on or
815		-	26 after the effective date of this amendatory Act of the 103rd
	788	+	HB0297 Engrossed- 23 -LRB103 03824 RJT 48830 b HB0297 Engrossed - 23 - LRB103 03824 RJT 48830 b
	789	+	HB0297 Engrossed - 23 - LRB103 03824 RJT 48830 b
	790	+	1 shared equally between the educational employer and the
	791	+	2 exclusive bargaining agent, provided that, for purposes of
	792	+	3 mediation under this Act, if either party requests the use
	793	+	4 of mediation services from the Federal Mediation and
	794	+	5 Conciliation Service, the other party shall either join in
	795	+	6 such request or bear the additional cost of mediation
	796	+	7 services from another source. All other costs and expenses
	797	+	8 of complying with this Section must be borne by the party
	798	+	9 incurring them, except as otherwise expressly provided in
	799	+	10 this subsection (e).
	800	+	11 If an educational employer or exclusive bargaining
	801	+	12 representative refuses to participate in mediation or
	802	+	13 arbitration when required by this Section, the refusal shall
	803	+	14 be deemed a refusal to bargain in good faith.
	804	+	15 Nothing in this Act prevents an employer and an exclusive
	805	+	16 bargaining representative who are not subject to mandatory
	806	+	17 arbitration under this subsection (e) from mutually submitting
	807	+	18 to final and binding impartial arbitration unresolved issues
	808	+	19 concerning the terms of a new collective bargaining agreement.
	809	+	20 This subsection (e) applies only to collective bargaining
	810	+	21 agreements entered into, modified, extended, or renewed on or
	811	+	22 after the effective date of this amendatory Act of the 103rd
	812	+	23 General Assembly.
	813	+	24 (Source: P.A. 101-664, eff. 4-2-21.)
816	814
817	815
818	816
819	817
820	818
821		-	HB0297 Enrolled - 23 - LRB103 03824 RJT 48830 b
822		-
823		-
824		-	HB0297 Enrolled- 24 -LRB103 03824 RJT 48830 b HB0297 Enrolled - 24 - LRB103 03824 RJT 48830 b
825		-	HB0297 Enrolled - 24 - LRB103 03824 RJT 48830 b
826		-
827		-
828		-
829		-
830		-
831		-	HB0297 Enrolled - 24 - LRB103 03824 RJT 48830 b
	819	+	HB0297 Engrossed - 23 - LRB103 03824 RJT 48830 b