Illinois 2023-2024 Regular Session

Illinois House Bill HB1398 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB1398 EngrossedLRB103 25903 DTM 52254 b HB1398 Engrossed LRB103 25903 DTM 52254 b
2		-	HB1398 Engrossed LRB103 25903 DTM 52254 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1398 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 5 ILCS 315/14 from Ch. 48, par. 1614 Amends the Illinois Public Labor Relations Act. Specifies that among the conditions of employment that may be included in arbitration decisions involving peace officers are residency requirements for municipalities with a population under 1,000,000 (now, for municipalities with a population under 100,000). Specifies that residency requirements for municipalities with a population under 1,000,000 (now, for municipalities with a population under 100,000) are not a condition of employment that may be included in an arbitration decision for a peace officer. Effective immediately. LRB103 25903 DTM 52254 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1398 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 5 ILCS 315/14 from Ch. 48, par. 1614 5 ILCS 315/14 from Ch. 48, par. 1614 Amends the Illinois Public Labor Relations Act. Specifies that among the conditions of employment that may be included in arbitration decisions involving peace officers are residency requirements for municipalities with a population under 1,000,000 (now, for municipalities with a population under 100,000). Specifies that residency requirements for municipalities with a population under 1,000,000 (now, for municipalities with a population under 100,000) are not a condition of employment that may be included in an arbitration decision for a peace officer. Effective immediately. LRB103 25903 DTM 52254 b LRB103 25903 DTM 52254 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1398 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
	3	+	5 ILCS 315/14 from Ch. 48, par. 1614 5 ILCS 315/14 from Ch. 48, par. 1614
	4	+	5 ILCS 315/14 from Ch. 48, par. 1614
	5	+	Amends the Illinois Public Labor Relations Act. Specifies that among the conditions of employment that may be included in arbitration decisions involving peace officers are residency requirements for municipalities with a population under 1,000,000 (now, for municipalities with a population under 100,000). Specifies that residency requirements for municipalities with a population under 1,000,000 (now, for municipalities with a population under 100,000) are not a condition of employment that may be included in an arbitration decision for a peace officer. Effective immediately.
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	8	+	A BILL FOR
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	10	+	HB1398 LRB103 25903 DTM 52254 b
3	11		1 AN ACT concerning government.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Illinois Public Labor Relations Act is
7	15		5 amended by changing Section 14 as follows:
8	16		6 (5 ILCS 315/14) (from Ch. 48, par. 1614)
9	17		7 Sec. 14. Security employee, peace officer and fire fighter
10	18		8 disputes.
11	19		9 (a) In the case of collective bargaining agreements
12	20		10 involving units of security employees of a public employer,
13	21		11 Peace Officer Units, or units of fire fighters or paramedics,
14	22		12 and in the case of disputes under Section 18, unless the
15	23		13 parties mutually agree to some other time limit, mediation
16	24		14 shall commence 30 days prior to the expiration date of such
17	25		15 agreement or at such later time as the mediation services
18	26		16 chosen under subsection (b) of Section 12 can be provided to
19	27		17 the parties. In the case of negotiations for an initial
20	28		18 collective bargaining agreement, mediation shall commence upon
21	29		19 15 days notice from either party or at such later time as the
22	30		20 mediation services chosen pursuant to subsection (b) of
23	31		21 Section 12 can be provided to the parties. In mediation under
24	32		22 this Section, if either party requests the use of mediation
25	33		23 services from the Federal Mediation and Conciliation Service,
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	37	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1398 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
	38	+	5 ILCS 315/14 from Ch. 48, par. 1614 5 ILCS 315/14 from Ch. 48, par. 1614
	39	+	5 ILCS 315/14 from Ch. 48, par. 1614
	40	+	Amends the Illinois Public Labor Relations Act. Specifies that among the conditions of employment that may be included in arbitration decisions involving peace officers are residency requirements for municipalities with a population under 1,000,000 (now, for municipalities with a population under 100,000). Specifies that residency requirements for municipalities with a population under 1,000,000 (now, for municipalities with a population under 100,000) are not a condition of employment that may be included in an arbitration decision for a peace officer. Effective immediately.
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	43	+	A BILL FOR
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34	68		1 the other party shall either join in such request or bear the
35	69		2 additional cost of mediation services from another source. The
36	70		3 mediator shall have a duty to keep the Board informed on the
37	71		4 progress of the mediation. If any dispute has not been
38	72		5 resolved within 15 days after the first meeting of the parties
39	73		6 and the mediator, or within such other time limit as may be
40	74		7 mutually agreed upon by the parties, either the exclusive
41	75		8 representative or employer may request of the other, in
42	76		9 writing, arbitration, and shall submit a copy of the request
43	77		10 to the Board.
44	78		11 (b) Within 10 days after such a request for arbitration
45	79		12 has been made, the employer shall choose a delegate and the
46	80		13 employees' exclusive representative shall choose a delegate to
47	81		14 a panel of arbitration as provided in this Section. The
48	82		15 employer and employees shall forthwith advise the other and
49	83		16 the Board of their selections.
50	84		17 (c) Within 7 days after the request of either party, the
51	85		18 parties shall request a panel of impartial arbitrators from
52	86		19 which they shall select the neutral chairman according to the
53	87		20 procedures provided in this Section. If the parties have
54	88		21 agreed to a contract that contains a grievance resolution
55	89		22 procedure as provided in Section 8, the chairman shall be
56	90		23 selected using their agreed contract procedure unless they
57	91		24 mutually agree to another procedure. If the parties fail to
58	92		25 notify the Board of their selection of neutral chairman within
59	93		26 7 days after receipt of the list of impartial arbitrators, the
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70	104		1 Board shall appoint, at random, a neutral chairman from the
71	105		2 list. In the absence of an agreed contract procedure for
72	106		3 selecting an impartial arbitrator, either party may request a
73	107		4 panel from the Board. Within 7 days of the request of either
74	108		5 party, the Board shall select from the Public Employees Labor
75	109		6 Mediation Roster 7 persons who are on the labor arbitration
76	110		7 panels of either the American Arbitration Association or the
77	111		8 Federal Mediation and Conciliation Service, or who are members
78	112		9 of the National Academy of Arbitrators, as nominees for
79	113		10 impartial arbitrator of the arbitration panel. The parties may
80	114		11 select an individual on the list provided by the Board or any
81	115		12 other individual mutually agreed upon by the parties. Within 7
82	116		13 days following the receipt of the list, the parties shall
83	117		14 notify the Board of the person they have selected. Unless the
84	118		15 parties agree on an alternate selection procedure, they shall
85	119		16 alternatively strike one name from the list provided by the
86	120		17 Board until only one name remains. A coin toss shall determine
87	121		18 which party shall strike the first name. If the parties fail to
88	122		19 notify the Board in a timely manner of their selection for
89	123		20 neutral chairman, the Board shall appoint a neutral chairman
90	124		21 from the Illinois Public Employees Mediation/Arbitration
91	125		22 Roster.
92	126		23 (d) The chairman shall call a hearing to begin within 15
93	127		24 days and give reasonable notice of the time and place of the
94	128		25 hearing. The hearing shall be held at the offices of the Board
95	129		26 or at such other location as the Board deems appropriate. The
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106	140		1 chairman shall preside over the hearing and shall take
107	141		2 testimony. Any oral or documentary evidence and other data
108	142		3 deemed relevant by the arbitration panel may be received in
109	143		4 evidence. The proceedings shall be informal. Technical rules
110	144		5 of evidence shall not apply and the competency of the evidence
111	145		6 shall not thereby be deemed impaired. A verbatim record of the
112	146		7 proceedings shall be made and the arbitrator shall arrange for
113	147		8 the necessary recording service. Transcripts may be ordered at
114	148		9 the expense of the party ordering them, but the transcripts
115	149		10 shall not be necessary for a decision by the arbitration
116	150		11 panel. The expense of the proceedings, including a fee for the
117	151		12 chairman, shall be borne equally by each of the parties to the
118	152		13 dispute. The delegates, if public officers or employees, shall
119	153		14 continue on the payroll of the public employer without loss of
120	154		15 pay. The hearing conducted by the arbitration panel may be
121	155		16 adjourned from time to time, but unless otherwise agreed by
122	156		17 the parties, shall be concluded within 30 days of the time of
123	157		18 its commencement. Majority actions and rulings shall
124	158		19 constitute the actions and rulings of the arbitration panel.
125	159		20 Arbitration proceedings under this Section shall not be
126	160		21 interrupted or terminated by reason of any unfair labor
127	161		22 practice charge filed by either party at any time.
128	162		23 (e) The arbitration panel may administer oaths, require
129	163		24 the attendance of witnesses, and the production of such books,
130	164		25 papers, contracts, agreements and documents as may be deemed
131	165		26 by it material to a just determination of the issues in
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142	176		1 dispute, and for such purpose may issue subpoenas. If any
143	177		2 person refuses to obey a subpoena, or refuses to be sworn or to
144	178		3 testify, or if any witness, party or attorney is guilty of any
145	179		4 contempt while in attendance at any hearing, the arbitration
146	180		5 panel may, or the attorney general if requested shall, invoke
147	181		6 the aid of any circuit court within the jurisdiction in which
148	182		7 the hearing is being held, which court shall issue an
149	183		8 appropriate order. Any failure to obey the order may be
150	184		9 punished by the court as contempt.
151	185		10 (f) At any time before the rendering of an award, the
152	186		11 chairman of the arbitration panel, if he is of the opinion that
153	187		12 it would be useful or beneficial to do so, may remand the
154	188		13 dispute to the parties for further collective bargaining for a
155	189		14 period not to exceed 2 weeks. If the dispute is remanded for
156	190		15 further collective bargaining the time provisions of this Act
157	191		16 shall be extended for a time period equal to that of the
158	192		17 remand. The chairman of the panel of arbitration shall notify
159	193		18 the Board of the remand.
160	194		19 (g) At or before the conclusion of the hearing held
161	195		20 pursuant to subsection (d), the arbitration panel shall
162	196		21 identify the economic issues in dispute, and direct each of
163	197		22 the parties to submit, within such time limit as the panel
164	198		23 shall prescribe, to the arbitration panel and to each other
165	199		24 its last offer of settlement on each economic issue. The
166	200		25 determination of the arbitration panel as to the issues in
167	201		26 dispute and as to which of these issues are economic shall be
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178	212		1 conclusive. The arbitration panel, within 30 days after the
179	213		2 conclusion of the hearing, or such further additional periods
180	214		3 to which the parties may agree, shall make written findings of
181	215		4 fact and promulgate a written opinion and shall mail or
182	216		5 otherwise deliver a true copy thereof to the parties and their
183	217		6 representatives and to the Board. As to each economic issue,
184	218		7 the arbitration panel shall adopt the last offer of settlement
185	219		8 which, in the opinion of the arbitration panel, more nearly
186	220		9 complies with the applicable factors prescribed in subsection
187	221		10 (h). The findings, opinions and order as to all other issues
188	222		11 shall be based upon the applicable factors prescribed in
189	223		12 subsection (h).
190	224		13 (h) Where there is no agreement between the parties, or
191	225		14 where there is an agreement but the parties have begun
192	226		15 negotiations or discussions looking to a new agreement or
193	227		16 amendment of the existing agreement, and wage rates or other
194	228		17 conditions of employment under the proposed new or amended
195	229		18 agreement are in dispute, the arbitration panel shall base its
196	230		19 findings, opinions and order upon the following factors, as
197	231		20 applicable:
198	232		21 (1) The lawful authority of the employer.
199	233		22 (2) Stipulations of the parties.
200	234		23 (3) The interests and welfare of the public and the
201	235		24 financial ability of the unit of government to meet those
202	236		25 costs.
203	237		26 (4) Comparison of the wages, hours and conditions of
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214	248		1 employment of the employees involved in the arbitration
215	249		2 proceeding with the wages, hours and conditions of
216	250		3 employment of other employees performing similar services
217	251		4 and with other employees generally:
218	252		5 (A) In public employment in comparable
219	253		6 communities.
220	254		7 (B) In private employment in comparable
221	255		8 communities.
222	256		9 (5) The average consumer prices for goods and
223	257		10 services, commonly known as the cost of living.
224	258		11 (6) The overall compensation presently received by the
225	259		12 employees, including direct wage compensation, vacations,
226	260		13 holidays and other excused time, insurance and pensions,
227	261		14 medical and hospitalization benefits, the continuity and
228	262		15 stability of employment and all other benefits received.
229	263		16 (7) Changes in any of the foregoing circumstances
230	264		17 during the pendency of the arbitration proceedings.
231	265		18 (8) Such other factors, not confined to the foregoing,
232	266		19 which are normally or traditionally taken into
233	267		20 consideration in the determination of wages, hours and
234	268		21 conditions of employment through voluntary collective
235	269		22 bargaining, mediation, fact-finding, arbitration or
236	270		23 otherwise between the parties, in the public service or in
237	271		24 private employment.
238	272		25 (i) In the case of peace officers, the arbitration
239	273		26 decision shall be limited to wages, hours, and conditions of
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250	284		1 employment (which may include residency requirements in
251	285		2 municipalities with a population under 1,000,000 100,000, but
252	286		3 those residency requirements shall not allow residency outside
253	287		4 of Illinois) and shall not include the following: i) residency
254	288		5 requirements in municipalities with a population of at least
255	289		6 1,000,000 100,000; ii) the type of equipment, other than
256	290		7 uniforms, issued or used; iii) manning; iv) the total number
257	291		8 of employees employed by the department; v) mutual aid and
258	292		9 assistance agreements to other units of government; and vi)
259	293		10 the criterion pursuant to which force, including deadly force,
260	294		11 can be used; provided, nothing herein shall preclude an
261	295		12 arbitration decision regarding equipment or manning levels if
262	296		13 such decision is based on a finding that the equipment or
263	297		14 manning considerations in a specific work assignment involve a
264	298		15 serious risk to the safety of a peace officer beyond that which
265	299		16 is inherent in the normal performance of police duties.
266	300		17 Limitation of the terms of the arbitration decision pursuant
267	301		18 to this subsection shall not be construed to limit the factors
268	302		19 upon which the decision may be based, as set forth in
269	303		20 subsection (h).
270	304		21 In the case of fire fighter, and fire department or fire
271	305		22 district paramedic matters, the arbitration decision shall be
272	306		23 limited to wages, hours, and conditions of employment
273	307		24 (including manning and also including residency requirements
274	308		25 in municipalities with a population under 1,000,000, but those
275	309		26 residency requirements shall not allow residency outside of
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286	320		1 Illinois) and shall not include the following matters: i)
287	321		2 residency requirements in municipalities with a population of
288	322		3 at least 1,000,000; ii) the type of equipment (other than
289	323		4 uniforms and fire fighter turnout gear) issued or used; iii)
290	324		5 the total number of employees employed by the department; iv)
291	325		6 mutual aid and assistance agreements to other units of
292	326		7 government; and v) the criterion pursuant to which force,
293	327		8 including deadly force, can be used; provided, however,
294	328		9 nothing herein shall preclude an arbitration decision
295	329		10 regarding equipment levels if such decision is based on a
296	330		11 finding that the equipment considerations in a specific work
297	331		12 assignment involve a serious risk to the safety of a fire
298	332		13 fighter beyond that which is inherent in the normal
299	333		14 performance of fire fighter duties. Limitation of the terms of
300	334		15 the arbitration decision pursuant to this subsection shall not
301	335		16 be construed to limit the facts upon which the decision may be
302	336		17 based, as set forth in subsection (h).
303	337		18 The changes to this subsection (i) made by Public Act
304	338		19 90-385 (relating to residency requirements) do not apply to
305	339		20 persons who are employed by a combined department that
306	340		21 performs both police and firefighting services; these persons
307	341		22 shall be governed by the provisions of this subsection (i)
308	342		23 relating to peace officers, as they existed before the
309	343		24 amendment by Public Act 90-385.
310	344		25 To preserve historical bargaining rights, this subsection
311	345		26 shall not apply to any provision of a fire fighter collective
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322	356		1 bargaining agreement in effect and applicable on the effective
323	357		2 date of this Act; provided, however, nothing herein shall
324	358		3 preclude arbitration with respect to any such provision.
325	359		4 (j) Arbitration procedures shall be deemed to be initiated
326	360		5 by the filing of a letter requesting mediation as required
327	361		6 under subsection (a) of this Section. The commencement of a
328	362		7 new municipal fiscal year after the initiation of arbitration
329	363		8 procedures under this Act, but before the arbitration
330	364		9 decision, or its enforcement, shall not be deemed to render a
331	365		10 dispute moot, or to otherwise impair the jurisdiction or
332	366		11 authority of the arbitration panel or its decision. Increases
333	367		12 in rates of compensation awarded by the arbitration panel may
334	368		13 be effective only at the start of the fiscal year next
335	369		14 commencing after the date of the arbitration award. If a new
336	370		15 fiscal year has commenced either since the initiation of
337	371		16 arbitration procedures under this Act or since any mutually
338	372		17 agreed extension of the statutorily required period of
339	373		18 mediation under this Act by the parties to the labor dispute
340	374		19 causing a delay in the initiation of arbitration, the
341	375		20 foregoing limitations shall be inapplicable, and such awarded
342	376		21 increases may be retroactive to the commencement of the fiscal
343	377		22 year, any other statute or charter provisions to the contrary,
344	378		23 notwithstanding. At any time the parties, by stipulation, may
345	379		24 amend or modify an award of arbitration.
346	380		25 (k) Orders of the arbitration panel shall be reviewable,
347	381		26 upon appropriate petition by either the public employer or the
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	391	+	HB1398 - 11 - LRB103 25903 DTM 52254 b
358	392		1 exclusive bargaining representative, by the circuit court for
359	393		2 the county in which the dispute arose or in which a majority of
360	394		3 the affected employees reside, but only for reasons that the
361	395		4 arbitration panel was without or exceeded its statutory
362	396		5 authority; the order is arbitrary, or capricious; or the order
363	397		6 was procured by fraud, collusion or other similar and unlawful
364	398		7 means. Such petitions for review must be filed with the
365	399		8 appropriate circuit court within 90 days following the
366	400		9 issuance of the arbitration order. The pendency of such
367	401		10 proceeding for review shall not automatically stay the order
368	402		11 of the arbitration panel. The party against whom the final
369	403		12 decision of any such court shall be adverse, if such court
370	404		13 finds such appeal or petition to be frivolous, shall pay
371	405		14 reasonable attorneys' fees and costs to the successful party
372	406		15 as determined by said court in its discretion. If said court's
373	407		16 decision affirms the award of money, such award, if
374	408		17 retroactive, shall bear interest at the rate of 12 percent per
375	409		18 annum from the effective retroactive date.
376	410		19 (l) During the pendency of proceedings before the
377	411		20 arbitration panel, existing wages, hours, and other conditions
378	412		21 of employment shall not be changed by action of either party
379	413		22 without the consent of the other but a party may so consent
380	414		23 without prejudice to his rights or position under this Act.
381	415		24 The proceedings are deemed to be pending before the
382	416		25 arbitration panel upon the initiation of arbitration
383	417		26 procedures under this Act.
384	418
385	419
386	420
387	421
388	422
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390	424
391	425
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393		-	HB1398 ~~Engrossed~~ - 12 - LRB103 25903 DTM 52254 b
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394	428		1 (m) Security officers of public employers, and Peace
395	429		2 Officers, Fire Fighters and fire department and fire
396	430		3 protection district paramedics, covered by this Section may
397	431		4 not withhold services, nor may public employers lock out or
398	432		5 prevent such employees from performing services at any time.
399	433		6 (n) All of the terms decided upon by the arbitration panel
400	434		7 shall be included in an agreement to be submitted to the public
401	435		8 employer's governing body for ratification and adoption by
402	436		9 law, ordinance or the equivalent appropriate means.
403	437		10 The governing body shall review each term decided by the
404	438		11 arbitration panel. If the governing body fails to reject one
405	439		12 or more terms of the arbitration panel's decision by a 3/5 vote
406	440		13 of those duly elected and qualified members of the governing
407	441		14 body, within 20 days of issuance, or in the case of
408	442		15 firefighters employed by a state university, at the next
409	443		16 regularly scheduled meeting of the governing body after
410	444		17 issuance, such term or terms shall become a part of the
411	445		18 collective bargaining agreement of the parties. If the
412	446		19 governing body affirmatively rejects one or more terms of the
413	447		20 arbitration panel's decision, it must provide reasons for such
414	448		21 rejection with respect to each term so rejected, within 20
415	449		22 days of such rejection and the parties shall return to the
416	450		23 arbitration panel for further proceedings and issuance of a
417	451		24 supplemental decision with respect to the rejected terms. Any
418	452		25 supplemental decision by an arbitration panel or other
419	453		26 decision maker agreed to by the parties shall be submitted to
420	454
421	455
422	456
423	457
424	458
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426	460
427	461
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430	464		1 the governing body for ratification and adoption in accordance
431	465		2 with the procedures and voting requirements set forth in this
432	466		3 Section. The voting requirements of this subsection shall
433	467		4 apply to all disputes submitted to arbitration pursuant to
434	468		5 this Section notwithstanding any contrary voting requirements
435	469		6 contained in any existing collective bargaining agreement
436	470		7 between the parties.
437	471		8 (o) If the governing body of the employer votes to reject
438	472		9 the panel's decision, the parties shall return to the panel
439	473		10 within 30 days from the issuance of the reasons for rejection
440	474		11 for further proceedings and issuance of a supplemental
441	475		12 decision. All reasonable costs of such supplemental proceeding
442	476		13 including the exclusive representative's reasonable attorney's
443	477		14 fees, as established by the Board, shall be paid by the
444	478		15 employer.
445	479		16 (p) Notwithstanding the provisions of this Section the
446	480		17 employer and exclusive representative may agree to submit
447	481		18 unresolved disputes concerning wages, hours, terms and
448	482		19 conditions of employment to an alternative form of impasse
449	483		20 resolution.
450	484		21 The amendatory changes to this Section made by Public Act
451	485		22 101-652 take effect July 1, 2022.
452	486		23 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
453	487		24 Section 99. Effective date. This Act takes effect upon
454	488		25 becoming law.
455	489
456	490
457	491
458	492
459	493
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