HB3313 EngrossedLRB103 30977 DTM 57570 b HB3313 Engrossed LRB103 30977 DTM 57570 b HB3313 Engrossed LRB103 30977 DTM 57570 b 1 AN ACT concerning government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Labor Relations Act is 5 amended by changing Sections 11 and 14 and by adding Section 6 11.5 as follows: 7 (5 ILCS 315/11) (from Ch. 48, par. 1611) 8 Sec. 11. Unfair labor practice procedures. Unfair labor 9 practices may be dealt with by the Board in the following 10 manner: 11 (a) Whenever it is charged that any person has engaged in 12 or is engaging in any unfair labor practice, the Board or any 13 agent designated by the Board for such purposes, shall conduct 14 an investigation of the charge. If after such investigation 15 the Board finds that the charge involves a dispositive issue 16 of law or fact the Board shall issue a complaint and cause to 17 be served upon the person a complaint stating the charges, 18 accompanied by a notice of hearing before the Board or a member 19 thereof designated by the Board, or before a qualified hearing 20 officer designated by the Board at the offices of the Board or 21 such other location as the Board deems appropriate, not less 22 than 5 days after serving of such complaint provided that no 23 complaint shall issue based upon any unfair labor practice HB3313 Engrossed LRB103 30977 DTM 57570 b HB3313 Engrossed- 2 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 2 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 2 - LRB103 30977 DTM 57570 b 1 occurring more than six months prior to the filing of a charge 2 with the Board and the service of a copy thereof upon the 3 person against whom the charge is made, unless the person 4 aggrieved thereby did not reasonably have knowledge of the 5 alleged unfair labor practice or was prevented from filing 6 such a charge by reason of service in the armed forces, in 7 which event the six month period shall be computed from the 8 date of his discharge. Any such complaint may be amended by the 9 member or hearing officer conducting the hearing for the Board 10 in his discretion at any time prior to the issuance of an order 11 based thereon. The person who is the subject of the complaint 12 has the right to file an answer to the original or amended 13 complaint and to appear in person or by a representative and 14 give testimony at the place and time fixed in the complaint. In 15 the discretion of the member or hearing officer conducting the 16 hearing or the Board, any other person may be allowed to 17 intervene in the proceeding and to present testimony. In any 18 hearing conducted by the Board, neither the Board nor the 19 member or agent conducting the hearing shall be bound by the 20 rules of evidence applicable to courts, except as to the rules 21 of privilege recognized by law. 22 (b) The Board shall have the power to issue subpoenas and 23 administer oaths. If any party wilfully fails or neglects to 24 appear or testify or to produce books, papers and records 25 pursuant to the issuance of a subpoena by the Board, the Board 26 may apply to a court of competent jurisdiction to request that HB3313 Engrossed - 2 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 3 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 3 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 3 - LRB103 30977 DTM 57570 b 1 such party be ordered to appear before the Board to testify or 2 produce the requested evidence. 3 (c) Any testimony taken by the Board, or a member 4 designated by the Board or a hearing officer thereof, must be 5 reduced to writing and filed with the Board. A full and 6 complete record shall be kept of all proceedings before the 7 Board, and all proceedings shall be transcribed by a reporter 8 appointed by the Board. The party on whom the burden of proof 9 rests shall be required to sustain such burden by a 10 preponderance of the evidence. If, upon a preponderance of the 11 evidence taken, the Board is of the opinion that any person 12 named in the charge has engaged in or is engaging in an unfair 13 labor practice, then it shall state its findings of fact and 14 shall issue and cause to be served upon the person an order 15 requiring him to cease and desist from the unfair labor 16 practice, and to take such affirmative action, including 17 reinstatement of public employees with or without back pay, as 18 will effectuate the policies of this Act. If the Board awards 19 back pay, it shall also award interest at the rate of 7% per 20 annum. The Board's order may further require the person to 21 make reports from time to time, and demonstrate the extent to 22 which he has complied with the order. If there is no 23 preponderance of evidence to indicate to the Board that the 24 person named in the charge has engaged in or is engaging in the 25 unfair labor practice, then the Board shall state its findings 26 of fact and shall issue an order dismissing the complaint. The HB3313 Engrossed - 3 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 4 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 4 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 4 - LRB103 30977 DTM 57570 b 1 Board's order may in its discretion also include an 2 appropriate sanction, based on the Board's rules and 3 regulations, and the sanction may include an order to pay the 4 other party or parties' reasonable expenses including costs 5 and reasonable attorney's fee, if the other party has made 6 allegations or denials without reasonable cause and found to 7 be untrue or has engaged in frivolous litigation for the 8 purpose of delay or needless increase in the cost of 9 litigation; the State of Illinois or any agency thereof shall 10 be subject to the provisions of this sentence in the same 11 manner as any other party. The Board shall determine whether a 12 violation of paragraph (4) of subsection (a) of Section 10 was 13 of a serious enough nature that it may have frustrated the 14 purposes of this Act by undermining or significantly impacting 15 the collective bargaining process such that other traditional 16 remedies may not remedy the violation if the Board is unable to 17 order a make-whole remedy. Reasons for such a determination 18 include the passage of time, that the violation was of a nature 19 that could undermine support for a labor organization, or that 20 the violation may otherwise undermine the labor organization's 21 bargaining strength. Should the Board make such a 22 determination that the violation frustrated the purposes of 23 this Act, the Board shall include the availability of interest 24 arbitration in its order and, upon request of the charging 25 party, the parties must participate in the impasse arbitration 26 procedures set forth in Section 14, except that: (i) the right HB3313 Engrossed - 4 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 5 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 5 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 5 - LRB103 30977 DTM 57570 b 1 to strike shall not be considered waived pursuant to Section 2 17 until the actual convening of the arbitration hearing and 3 (ii) the commencement of a new fiscal year shall not be deemed 4 to impair the jurisdiction or authority of the arbitration 5 panel or its decision. The parties continue to have a duty to 6 engage in good faith bargaining during the pendency of impasse 7 arbitration procedures. 8 (d) Until the record in a case has been filed in court, the 9 Board at any time, upon reasonable notice and in such manner as 10 it deems proper, may modify or set aside, in whole or in part, 11 any finding or order made or issued by it. 12 (e) A charging party or any person aggrieved by a final 13 order of the Board granting or denying in whole or in part the 14 relief sought may apply for and obtain judicial review of an 15 order of the Board entered under this Act, in accordance with 16 the provisions of the Administrative Review Law, as now or 17 hereafter amended, except that such judicial review shall be 18 afforded directly in the appellate court for the district in 19 which the aggrieved party resides or transacts business, and 20 provided, that such judicial review shall not be available for 21 the purpose of challenging a final order issued by the Board 22 pursuant to Section 9 of this Act for which judicial review has 23 been petitioned pursuant to subsection (i) of Section 9. Any 24 direct appeal to the Appellate Court shall be filed within 35 25 days from the date that a copy of the decision sought to be 26 reviewed was served upon the party affected by the decision. HB3313 Engrossed - 5 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 6 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 6 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 6 - LRB103 30977 DTM 57570 b 1 The filing of such an appeal to the Appellate Court shall not 2 automatically stay the enforcement of the Board's order. An 3 aggrieved party may apply to the Appellate Court for a stay of 4 the enforcement of the Board's order after the aggrieved party 5 has followed the procedure prescribed by Supreme Court Rule 6 335. The Board in proceedings under this Section may obtain an 7 order of the court for the enforcement of its order. 8 (f) Whenever it appears that any person has violated a 9 final order of the Board issued pursuant to this Section, the 10 Board must commence an action in the name of the People of the 11 State of Illinois by petition, alleging the violation, 12 attaching a copy of the order of the Board, and praying for the 13 issuance of an order directing the person, his officers, 14 agents, servants, successors, and assigns to comply with the 15 order of the Board. The Board shall be represented in this 16 action by the Attorney General in accordance with the Attorney 17 General Act. The court may grant or refuse, in whole or in 18 part, the relief sought, provided that the court may stay an 19 order of the Board in accordance with the Administrative 20 Review Law, pending disposition of the proceedings. The court 21 may punish a violation of its order as in civil contempt. 22 (g) The proceedings provided in paragraph (f) of this 23 Section shall be commenced in the Appellate Court for the 24 district where the unfair labor practice which is the subject 25 of the Board's order was committed, or where a person required 26 to cease and desist by such order resides or transacts HB3313 Engrossed - 6 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 7 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 7 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 7 - LRB103 30977 DTM 57570 b 1 business. 2 (h) The Board through the Attorney General, shall have 3 power, upon issuance of an unfair labor practice complaint 4 alleging that a person has engaged in or is engaging in an 5 unfair labor practice, to petition the circuit court where the 6 alleged unfair labor practice which is the subject of the 7 Board's complaint was allegedly committed, or where a person 8 required to cease and desist from such alleged unfair labor 9 practice resides or transacts business, for appropriate 10 temporary relief or restraining order. Upon the filing of any 11 such petition, the court shall cause notice thereof to be 12 served upon such persons, and thereupon shall have 13 jurisdiction to grant to the Board such temporary relief or 14 restraining order as it deems just and proper. 15 (i) If an unfair labor practice charge involves the 16 interpretation or application of a collective bargaining 17 agreement and said agreement contains a grievance procedure 18 with binding arbitration as its terminal step, the Board may 19 defer the resolution of such dispute to the grievance and 20 arbitration procedure contained in said agreement. 21 (Source: P.A. 100-516, eff. 9-22-17.) 22 (5 ILCS 315/11.5 new) 23 Sec. 11.5. Make-whole relief. 24 (a) The Board may order make-whole relief, including, but 25 not limited to, consequential damages and front pay for HB3313 Engrossed - 7 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 8 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 8 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 8 - LRB103 30977 DTM 57570 b 1 injuries suffered by employees or a labor organization as a 2 result of an unfair labor practice. In determining appropriate 3 relief for a violation of paragraph (4) of subsection (a) of 4 Section 10 serious enough to have frustrated the purposes of 5 the Act and that may have undermined or significantly impacted 6 the collective bargaining process, the Board shall take into 7 consideration factors that normally determine the outcome of 8 collective bargaining when such bargaining has been conducted 9 in good faith. 10 (b) Violators of subsection (a) of Section 10 shall also 11 be subject to liquidated damages in an amount equal to any 12 monetary make-whole relief ordered by the Board unless the 13 employer can show it acted in good faith and had reasonable 14 grounds to believe it was acting in compliance with this Act. 15 (5 ILCS 315/14) (from Ch. 48, par. 1614) 16 Sec. 14. Security employee, peace officer and fire fighter 17 disputes. 18 (a) In the case of collective bargaining agreements 19 involving units of security employees of a public employer, 20 Peace Officer Units, or units of fire fighters or paramedics, 21 and in the case of disputes under Sections 11 and Section 18, 22 unless the parties mutually agree to some other time limit, 23 mediation shall commence 30 days prior to the expiration date 24 of such agreement or at such later time as the mediation 25 services chosen under subsection (b) of Section 12 can be HB3313 Engrossed - 8 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 9 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 9 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 9 - LRB103 30977 DTM 57570 b 1 provided to the parties. In the case of negotiations for an 2 initial collective bargaining agreement, mediation shall 3 commence upon 15 days notice from either party or at such later 4 time as the mediation services chosen pursuant to subsection 5 (b) of Section 12 can be provided to the parties. In mediation 6 under this Section, if either party requests the use of 7 mediation services from the Federal Mediation and Conciliation 8 Service, the other party shall either join in such request or 9 bear the additional cost of mediation services from another 10 source. The mediator shall have a duty to keep the Board 11 informed on the progress of the mediation. If any dispute has 12 not been resolved within 15 days after the first meeting of the 13 parties and the mediator, or within such other time limit as 14 may be mutually agreed upon by the parties, either the 15 exclusive representative or employer may request of the other, 16 in writing, arbitration, and shall submit a copy of the 17 request to the Board. 18 (b) Within 10 days after such a request for arbitration 19 has been made, the employer shall choose a delegate and the 20 employees' exclusive representative shall choose a delegate to 21 a panel of arbitration as provided in this Section. The 22 employer and employees shall forthwith advise the other and 23 the Board of their selections. 24 (c) Within 7 days after the request of either party, the 25 parties shall request a panel of impartial arbitrators from 26 which they shall select the neutral chairman according to the HB3313 Engrossed - 9 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 10 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 10 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 10 - LRB103 30977 DTM 57570 b 1 procedures provided in this Section. If the parties have 2 agreed to a contract that contains a grievance resolution 3 procedure as provided in Section 8, the chairman shall be 4 selected using their agreed contract procedure unless they 5 mutually agree to another procedure. If the parties fail to 6 notify the Board of their selection of neutral chairman within 7 7 days after receipt of the list of impartial arbitrators, the 8 Board shall appoint, at random, a neutral chairman from the 9 list. In the absence of an agreed contract procedure for 10 selecting an impartial arbitrator, either party may request a 11 panel from the Board. Within 7 days of the request of either 12 party, the Board shall select from the Public Employees Labor 13 Mediation Roster 7 persons who are on the labor arbitration 14 panels of either the American Arbitration Association or the 15 Federal Mediation and Conciliation Service, or who are members 16 of the National Academy of Arbitrators, as nominees for 17 impartial arbitrator of the arbitration panel. The parties may 18 select an individual on the list provided by the Board or any 19 other individual mutually agreed upon by the parties. Within 7 20 days following the receipt of the list, the parties shall 21 notify the Board of the person they have selected. Unless the 22 parties agree on an alternate selection procedure, they shall 23 alternatively strike one name from the list provided by the 24 Board until only one name remains. A coin toss shall determine 25 which party shall strike the first name. If the parties fail to 26 notify the Board in a timely manner of their selection for HB3313 Engrossed - 10 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 11 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 11 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 11 - LRB103 30977 DTM 57570 b 1 neutral chairman, the Board shall appoint a neutral chairman 2 from the Illinois Public Employees Mediation/Arbitration 3 Roster. 4 (d) The chairman shall call a hearing to begin within 15 5 days and give reasonable notice of the time and place of the 6 hearing. The hearing shall be held at the offices of the Board 7 or at such other location as the Board deems appropriate. The 8 chairman shall preside over the hearing and shall take 9 testimony. Any oral or documentary evidence and other data 10 deemed relevant by the arbitration panel may be received in 11 evidence. The proceedings shall be informal. Technical rules 12 of evidence shall not apply and the competency of the evidence 13 shall not thereby be deemed impaired. A verbatim record of the 14 proceedings shall be made and the arbitrator shall arrange for 15 the necessary recording service. Transcripts may be ordered at 16 the expense of the party ordering them, but the transcripts 17 shall not be necessary for a decision by the arbitration 18 panel. The expense of the proceedings, including a fee for the 19 chairman, shall be borne equally by each of the parties to the 20 dispute. The delegates, if public officers or employees, shall 21 continue on the payroll of the public employer without loss of 22 pay. The hearing conducted by the arbitration panel may be 23 adjourned from time to time, but unless otherwise agreed by 24 the parties, shall be concluded within 30 days of the time of 25 its commencement. Majority actions and rulings shall 26 constitute the actions and rulings of the arbitration panel. HB3313 Engrossed - 11 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 12 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 12 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 12 - LRB103 30977 DTM 57570 b 1 Arbitration proceedings under this Section shall not be 2 interrupted or terminated by reason of any unfair labor 3 practice charge filed by either party at any time. 4 (e) The arbitration panel may administer oaths, require 5 the attendance of witnesses, and the production of such books, 6 papers, contracts, agreements and documents as may be deemed 7 by it material to a just determination of the issues in 8 dispute, and for such purpose may issue subpoenas. If any 9 person refuses to obey a subpoena, or refuses to be sworn or to 10 testify, or if any witness, party or attorney is guilty of any 11 contempt while in attendance at any hearing, the arbitration 12 panel may, or the attorney general if requested shall, invoke 13 the aid of any circuit court within the jurisdiction in which 14 the hearing is being held, which court shall issue an 15 appropriate order. Any failure to obey the order may be 16 punished by the court as contempt. 17 (f) At any time before the rendering of an award, the 18 chairman of the arbitration panel, if he is of the opinion that 19 it would be useful or beneficial to do so, may remand the 20 dispute to the parties for further collective bargaining for a 21 period not to exceed 2 weeks. If the dispute is remanded for 22 further collective bargaining the time provisions of this Act 23 shall be extended for a time period equal to that of the 24 remand. The chairman of the panel of arbitration shall notify 25 the Board of the remand. 26 (g) At or before the conclusion of the hearing held HB3313 Engrossed - 12 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 13 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 13 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 13 - LRB103 30977 DTM 57570 b 1 pursuant to subsection (d), the arbitration panel shall 2 identify the economic issues in dispute, and direct each of 3 the parties to submit, within such time limit as the panel 4 shall prescribe, to the arbitration panel and to each other 5 its last offer of settlement on each economic issue. The 6 determination of the arbitration panel as to the issues in 7 dispute and as to which of these issues are economic shall be 8 conclusive. The arbitration panel, within 30 days after the 9 conclusion of the hearing, or such further additional periods 10 to which the parties may agree, shall make written findings of 11 fact and promulgate a written opinion and shall mail or 12 otherwise deliver a true copy thereof to the parties and their 13 representatives and to the Board. As to each economic issue, 14 the arbitration panel shall adopt the last offer of settlement 15 which, in the opinion of the arbitration panel, more nearly 16 complies with the applicable factors prescribed in subsection 17 (h). The findings, opinions and order as to all other issues 18 shall be based upon the applicable factors prescribed in 19 subsection (h). 20 (h) Where there is no agreement between the parties, or 21 where there is an agreement but the parties have begun 22 negotiations or discussions looking to a new agreement or 23 amendment of the existing agreement, and wage rates or other 24 conditions of employment under the proposed new or amended 25 agreement are in dispute, the arbitration panel shall base its 26 findings, opinions and order upon the following factors, as HB3313 Engrossed - 13 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 14 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 14 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 14 - LRB103 30977 DTM 57570 b 1 applicable: 2 (1) The lawful authority of the employer. 3 (2) Stipulations of the parties. 4 (3) The interests and welfare of the public and the 5 financial ability of the unit of government to meet those 6 costs. 7 (4) Comparison of the wages, hours and conditions of 8 employment of the employees involved in the arbitration 9 proceeding with the wages, hours and conditions of 10 employment of other employees performing similar services 11 and with other employees generally: 12 (A) In public employment in comparable 13 communities. 14 (B) In private employment in comparable 15 communities. 16 (5) The average consumer prices for goods and 17 services, commonly known as the cost of living. 18 (6) The overall compensation presently received by the 19 employees, including direct wage compensation, vacations, 20 holidays and other excused time, insurance and pensions, 21 medical and hospitalization benefits, the continuity and 22 stability of employment and all other benefits received. 23 (7) Changes in any of the foregoing circumstances 24 during the pendency of the arbitration proceedings. 25 (8) Such other factors, not confined to the foregoing, 26 which are normally or traditionally taken into HB3313 Engrossed - 14 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 15 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 15 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 15 - LRB103 30977 DTM 57570 b 1 consideration in the determination of wages, hours and 2 conditions of employment through voluntary collective 3 bargaining, mediation, fact-finding, arbitration or 4 otherwise between the parties, in the public service or in 5 private employment. 6 (i) In the case of peace officers, the arbitration 7 decision shall be limited to wages, hours, and conditions of 8 employment (which may include residency requirements in 9 municipalities with a population under 100,000, but those 10 residency requirements shall not allow residency outside of 11 Illinois) and shall not include the following: i) residency 12 requirements in municipalities with a population of at least 13 100,000; ii) the type of equipment, other than uniforms, 14 issued or used; iii) manning; iv) the total number of 15 employees employed by the department; v) mutual aid and 16 assistance agreements to other units of government; and vi) 17 the criterion pursuant to which force, including deadly force, 18 can be used; provided, nothing herein shall preclude an 19 arbitration decision regarding equipment or manning levels if 20 such decision is based on a finding that the equipment or 21 manning considerations in a specific work assignment involve a 22 serious risk to the safety of a peace officer beyond that which 23 is inherent in the normal performance of police duties. 24 Limitation of the terms of the arbitration decision pursuant 25 to this subsection shall not be construed to limit the factors 26 upon which the decision may be based, as set forth in HB3313 Engrossed - 15 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 16 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 16 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 16 - LRB103 30977 DTM 57570 b 1 subsection (h). 2 In the case of fire fighter, and fire department or fire 3 district paramedic matters, the arbitration decision shall be 4 limited to wages, hours, and conditions of employment 5 (including manning and also including residency requirements 6 in municipalities with a population under 1,000,000, but those 7 residency requirements shall not allow residency outside of 8 Illinois) and shall not include the following matters: i) 9 residency requirements in municipalities with a population of 10 at least 1,000,000; ii) the type of equipment (other than 11 uniforms and fire fighter turnout gear) issued or used; iii) 12 the total number of employees employed by the department; iv) 13 mutual aid and assistance agreements to other units of 14 government; and v) the criterion pursuant to which force, 15 including deadly force, can be used; provided, however, 16 nothing herein shall preclude an arbitration decision 17 regarding equipment levels if such decision is based on a 18 finding that the equipment considerations in a specific work 19 assignment involve a serious risk to the safety of a fire 20 fighter beyond that which is inherent in the normal 21 performance of fire fighter duties. Limitation of the terms of 22 the arbitration decision pursuant to this subsection shall not 23 be construed to limit the facts upon which the decision may be 24 based, as set forth in subsection (h). 25 The changes to this subsection (i) made by Public Act 26 90-385 (relating to residency requirements) do not apply to HB3313 Engrossed - 16 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 17 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 17 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 17 - LRB103 30977 DTM 57570 b 1 persons who are employed by a combined department that 2 performs both police and firefighting services; these persons 3 shall be governed by the provisions of this subsection (i) 4 relating to peace officers, as they existed before the 5 amendment by Public Act 90-385. 6 To preserve historical bargaining rights, this subsection 7 shall not apply to any provision of a fire fighter collective 8 bargaining agreement in effect and applicable on the effective 9 date of this Act; provided, however, nothing herein shall 10 preclude arbitration with respect to any such provision. 11 (j) Arbitration procedures shall be deemed to be initiated 12 by the filing of a letter requesting mediation as required 13 under subsection (a) of this Section. The commencement of a 14 new municipal fiscal year after the initiation of arbitration 15 procedures under this Act, but before the arbitration 16 decision, or its enforcement, shall not be deemed to render a 17 dispute moot, or to otherwise impair the jurisdiction or 18 authority of the arbitration panel or its decision. Increases 19 in rates of compensation awarded by the arbitration panel may 20 be effective only at the start of the fiscal year next 21 commencing after the date of the arbitration award. If a new 22 fiscal year has commenced either since the initiation of 23 arbitration procedures under this Act or since any mutually 24 agreed extension of the statutorily required period of 25 mediation under this Act by the parties to the labor dispute 26 causing a delay in the initiation of arbitration, the HB3313 Engrossed - 17 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 18 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 18 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 18 - LRB103 30977 DTM 57570 b 1 foregoing limitations shall be inapplicable, and such awarded 2 increases may be retroactive to the commencement of the fiscal 3 year, any other statute or charter provisions to the contrary, 4 notwithstanding. At any time the parties, by stipulation, may 5 amend or modify an award of arbitration. 6 (k) Orders of the arbitration panel shall be reviewable, 7 upon appropriate petition by either the public employer or the 8 exclusive bargaining representative, by the circuit court for 9 the county in which the dispute arose or in which a majority of 10 the affected employees reside, but only for reasons that the 11 arbitration panel was without or exceeded its statutory 12 authority; the order is arbitrary, or capricious; or the order 13 was procured by fraud, collusion or other similar and unlawful 14 means. Such petitions for review must be filed with the 15 appropriate circuit court within 90 days following the 16 issuance of the arbitration order. The pendency of such 17 proceeding for review shall not automatically stay the order 18 of the arbitration panel. The party against whom the final 19 decision of any such court shall be adverse, if such court 20 finds such appeal or petition to be frivolous, shall pay 21 reasonable attorneys' fees and costs to the successful party 22 as determined by said court in its discretion. If said court's 23 decision affirms the award of money, such award, if 24 retroactive, shall bear interest at the rate of 12 percent per 25 annum from the effective retroactive date. 26 (l) During the pendency of proceedings before the HB3313 Engrossed - 18 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 19 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 19 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 19 - LRB103 30977 DTM 57570 b 1 arbitration panel, existing wages, hours, and other conditions 2 of employment shall not be changed by action of either party 3 without the consent of the other but a party may so consent 4 without prejudice to his rights or position under this Act. 5 The proceedings are deemed to be pending before the 6 arbitration panel upon the initiation of arbitration 7 procedures under this Act. 8 (m) Security officers of public employers, and Peace 9 Officers, Fire Fighters and fire department and fire 10 protection district paramedics, covered by this Section may 11 not withhold services, nor may public employers lock out or 12 prevent such employees from performing services at any time. 13 (n) All of the terms decided upon by the arbitration panel 14 shall be included in an agreement to be submitted to the public 15 employer's governing body for ratification and adoption by 16 law, ordinance or the equivalent appropriate means. 17 The governing body shall review each term decided by the 18 arbitration panel. If the governing body fails to reject one 19 or more terms of the arbitration panel's decision by a 3/5 vote 20 of those duly elected and qualified members of the governing 21 body, within 20 days of issuance, or in the case of 22 firefighters employed by a state university, at the next 23 regularly scheduled meeting of the governing body after 24 issuance, such term or terms shall become a part of the 25 collective bargaining agreement of the parties. If the 26 governing body affirmatively rejects one or more terms of the HB3313 Engrossed - 19 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 20 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 20 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 20 - LRB103 30977 DTM 57570 b 1 arbitration panel's decision, it must provide reasons for such 2 rejection with respect to each term so rejected, within 20 3 days of such rejection and the parties shall return to the 4 arbitration panel for further proceedings and issuance of a 5 supplemental decision with respect to the rejected terms. Any 6 supplemental decision by an arbitration panel or other 7 decision maker agreed to by the parties shall be submitted to 8 the governing body for ratification and adoption in accordance 9 with the procedures and voting requirements set forth in this 10 Section. The voting requirements of this subsection shall 11 apply to all disputes submitted to arbitration pursuant to 12 this Section notwithstanding any contrary voting requirements 13 contained in any existing collective bargaining agreement 14 between the parties. 15 (o) If the governing body of the employer votes to reject 16 the panel's decision, the parties shall return to the panel 17 within 30 days from the issuance of the reasons for rejection 18 for further proceedings and issuance of a supplemental 19 decision. All reasonable costs of such supplemental proceeding 20 including the exclusive representative's reasonable attorney's 21 fees, as established by the Board, shall be paid by the 22 employer. 23 (p) Notwithstanding the provisions of this Section the 24 employer and exclusive representative may agree to submit 25 unresolved disputes concerning wages, hours, terms and 26 conditions of employment to an alternative form of impasse HB3313 Engrossed - 20 - LRB103 30977 DTM 57570 b HB3313 Engrossed- 21 -LRB103 30977 DTM 57570 b HB3313 Engrossed - 21 - LRB103 30977 DTM 57570 b HB3313 Engrossed - 21 - LRB103 30977 DTM 57570 b 1 resolution. 2 The amendatory changes to this Section made by Public Act 3 101-652 take effect July 1, 2022. 4 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) HB3313 Engrossed - 21 - LRB103 30977 DTM 57570 b