Illinois 2025-2026 Regular Session

Illinois House Bill HB2480 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2480 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. LRB104 08612 BDA 18664 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2480 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. LRB104 08612 BDA 18664 b LRB104 08612 BDA 18664 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2480 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
33 5 ILCS 315/14 from Ch. 48, par. 1614 5 ILCS 315/14 from Ch. 48, par. 1614
44 5 ILCS 315/14 from Ch. 48, par. 1614
55 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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1111 1 AN ACT concerning government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Public Labor Relations Act is
1515 5 amended by changing Section 14 as follows:
1616 6 (5 ILCS 315/14) (from Ch. 48, par. 1614)
1717 7 Sec. 14. Security employee, peace officer and fire fighter
1818 8 disputes.
1919 9 (a) In the case of collective bargaining agreements
2020 10 involving units of security employees of a public employer,
2121 11 Peace Officer Units, or units of fire fighters or paramedics,
2222 12 and in the case of disputes under Section 18, unless the
2323 13 parties mutually agree to some other time limit, mediation
2424 14 shall commence 30 days prior to the expiration date of such
2525 15 agreement or at such later time as the mediation services
2626 16 chosen under subsection (b) of Section 12 can be provided to
2727 17 the parties. In the case of negotiations for an initial
2828 18 collective bargaining agreement, mediation shall commence upon
2929 19 15 days notice from either party or at such later time as the
3030 20 mediation services chosen pursuant to subsection (b) of
3131 21 Section 12 can be provided to the parties. In mediation under
3232 22 this Section, if either party requests the use of mediation
3333 23 services from the Federal Mediation and Conciliation Service,
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3838 5 ILCS 315/14 from Ch. 48, par. 1614 5 ILCS 315/14 from Ch. 48, par. 1614
3939 5 ILCS 315/14 from Ch. 48, par. 1614
4040 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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6868 1 the other party shall either join in such request or bear the
6969 2 additional cost of mediation services from another source. The
7070 3 mediator shall have a duty to keep the Board informed on the
7171 4 progress of the mediation. If any dispute has not been
7272 5 resolved within 15 days after the first meeting of the parties
7373 6 and the mediator, or within such other time limit as may be
7474 7 mutually agreed upon by the parties, either the exclusive
7575 8 representative or employer may request of the other, in
7676 9 writing, arbitration, and shall submit a copy of the request
7777 10 to the Board.
7878 11 (b) Within 10 days after such a request for arbitration
7979 12 has been made, the employer shall choose a delegate and the
8080 13 employees' exclusive representative shall choose a delegate to
8181 14 a panel of arbitration as provided in this Section. The
8282 15 employer and employees shall forthwith advise the other and
8383 16 the Board of their selections.
8484 17 (c) Within 7 days after the request of either party, the
8585 18 parties shall request a panel of impartial arbitrators from
8686 19 which they shall select the neutral chairman according to the
8787 20 procedures provided in this Section. If the parties have
8888 21 agreed to a contract that contains a grievance resolution
8989 22 procedure as provided in Section 8, the chairman shall be
9090 23 selected using their agreed contract procedure unless they
9191 24 mutually agree to another procedure. If the parties fail to
9292 25 notify the Board of their selection of neutral chairman within
9393 26 7 days after receipt of the list of impartial arbitrators, the
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104104 1 Board shall appoint, at random, a neutral chairman from the
105105 2 list. In the absence of an agreed contract procedure for
106106 3 selecting an impartial arbitrator, either party may request a
107107 4 panel from the Board. Within 7 days of the request of either
108108 5 party, the Board shall select from the Public Employees Labor
109109 6 Mediation Roster 7 persons who are on the labor arbitration
110110 7 panels of either the American Arbitration Association or the
111111 8 Federal Mediation and Conciliation Service, or who are members
112112 9 of the National Academy of Arbitrators, as nominees for
113113 10 impartial arbitrator of the arbitration panel. The parties may
114114 11 select an individual on the list provided by the Board or any
115115 12 other individual mutually agreed upon by the parties. Within 7
116116 13 days following the receipt of the list, the parties shall
117117 14 notify the Board of the person they have selected. Unless the
118118 15 parties agree on an alternate selection procedure, they shall
119119 16 alternatively strike one name from the list provided by the
120120 17 Board until only one name remains. A coin toss shall determine
121121 18 which party shall strike the first name. If the parties fail to
122122 19 notify the Board in a timely manner of their selection for
123123 20 neutral chairman, the Board shall appoint a neutral chairman
124124 21 from the Illinois Public Employees Mediation/Arbitration
125125 22 Roster.
126126 23 (d) The chairman shall call a hearing to begin within 15
127127 24 days and give reasonable notice of the time and place of the
128128 25 hearing. The hearing shall be held at the offices of the Board
129129 26 or at such other location as the Board deems appropriate. The
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140140 1 chairman shall preside over the hearing and shall take
141141 2 testimony. Any oral or documentary evidence and other data
142142 3 deemed relevant by the arbitration panel may be received in
143143 4 evidence. The proceedings shall be informal. Technical rules
144144 5 of evidence shall not apply and the competency of the evidence
145145 6 shall not thereby be deemed impaired. A verbatim record of the
146146 7 proceedings shall be made and the arbitrator shall arrange for
147147 8 the necessary recording service. Transcripts may be ordered at
148148 9 the expense of the party ordering them, but the transcripts
149149 10 shall not be necessary for a decision by the arbitration
150150 11 panel. The expense of the proceedings, including a fee for the
151151 12 chairman, shall be borne equally by each of the parties to the
152152 13 dispute. The delegates, if public officers or employees, shall
153153 14 continue on the payroll of the public employer without loss of
154154 15 pay. The hearing conducted by the arbitration panel may be
155155 16 adjourned from time to time, but unless otherwise agreed by
156156 17 the parties, shall be concluded within 30 days of the time of
157157 18 its commencement. Majority actions and rulings shall
158158 19 constitute the actions and rulings of the arbitration panel.
159159 20 Arbitration proceedings under this Section shall not be
160160 21 interrupted or terminated by reason of any unfair labor
161161 22 practice charge filed by either party at any time.
162162 23 (e) The arbitration panel may administer oaths, require
163163 24 the attendance of witnesses, and the production of such books,
164164 25 papers, contracts, agreements and documents as may be deemed
165165 26 by it material to a just determination of the issues in
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176176 1 dispute, and for such purpose may issue subpoenas. If any
177177 2 person refuses to obey a subpoena, or refuses to be sworn or to
178178 3 testify, or if any witness, party or attorney is guilty of any
179179 4 contempt while in attendance at any hearing, the arbitration
180180 5 panel may, or the attorney general if requested shall, invoke
181181 6 the aid of any circuit court within the jurisdiction in which
182182 7 the hearing is being held, which court shall issue an
183183 8 appropriate order. Any failure to obey the order may be
184184 9 punished by the court as contempt.
185185 10 (f) At any time before the rendering of an award, the
186186 11 chairman of the arbitration panel, if he is of the opinion that
187187 12 it would be useful or beneficial to do so, may remand the
188188 13 dispute to the parties for further collective bargaining for a
189189 14 period not to exceed 2 weeks. If the dispute is remanded for
190190 15 further collective bargaining the time provisions of this Act
191191 16 shall be extended for a time period equal to that of the
192192 17 remand. The chairman of the panel of arbitration shall notify
193193 18 the Board of the remand.
194194 19 (g) At or before the conclusion of the hearing held
195195 20 pursuant to subsection (d), the arbitration panel shall
196196 21 identify the economic issues in dispute, and direct each of
197197 22 the parties to submit, within such time limit as the panel
198198 23 shall prescribe, to the arbitration panel and to each other
199199 24 its last offer of settlement on each economic issue. The
200200 25 determination of the arbitration panel as to the issues in
201201 26 dispute and as to which of these issues are economic shall be
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212212 1 conclusive. The arbitration panel, within 30 days after the
213213 2 conclusion of the hearing, or such further additional periods
214214 3 to which the parties may agree, shall make written findings of
215215 4 fact and promulgate a written opinion and shall mail or
216216 5 otherwise deliver a true copy thereof to the parties and their
217217 6 representatives and to the Board. As to each economic issue,
218218 7 the arbitration panel shall adopt the last offer of settlement
219219 8 which, in the opinion of the arbitration panel, more nearly
220220 9 complies with the applicable factors prescribed in subsection
221221 10 (h). The findings, opinions and order as to all other issues
222222 11 shall be based upon the applicable factors prescribed in
223223 12 subsection (h).
224224 13 (h) Where there is no agreement between the parties, or
225225 14 where there is an agreement but the parties have begun
226226 15 negotiations or discussions looking to a new agreement or
227227 16 amendment of the existing agreement, and wage rates or other
228228 17 conditions of employment under the proposed new or amended
229229 18 agreement are in dispute, the arbitration panel shall base its
230230 19 findings, opinions and order upon the following factors, as
231231 20 applicable:
232232 21 (1) The lawful authority of the employer.
233233 22 (2) Stipulations of the parties.
234234 23 (3) The interests and welfare of the public and the
235235 24 financial ability of the unit of government to meet those
236236 25 costs.
237237 26 (4) Comparison of the wages, hours and conditions of
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248248 1 employment of the employees involved in the arbitration
249249 2 proceeding with the wages, hours and conditions of
250250 3 employment of other employees performing similar services
251251 4 and with other employees generally:
252252 5 (A) In public employment in comparable
253253 6 communities.
254254 7 (B) In private employment in comparable
255255 8 communities.
256256 9 (5) The average consumer prices for goods and
257257 10 services, commonly known as the cost of living.
258258 11 (6) The overall compensation presently received by the
259259 12 employees, including direct wage compensation, vacations,
260260 13 holidays and other excused time, insurance and pensions,
261261 14 medical and hospitalization benefits, the continuity and
262262 15 stability of employment and all other benefits received.
263263 16 (7) Changes in any of the foregoing circumstances
264264 17 during the pendency of the arbitration proceedings.
265265 18 (8) Such other factors, not confined to the foregoing,
266266 19 which are normally or traditionally taken into
267267 20 consideration in the determination of wages, hours and
268268 21 conditions of employment through voluntary collective
269269 22 bargaining, mediation, fact-finding, arbitration or
270270 23 otherwise between the parties, in the public service or in
271271 24 private employment.
272272 25 (i) In the case of peace officers, the arbitration
273273 26 decision shall be limited to wages, hours, and conditions of
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284284 1 employment (which may include residency requirements in
285285 2 municipalities with a population under 1,000,000 100,000, but
286286 3 those residency requirements shall not allow residency outside
287287 4 of Illinois) and shall not include the following: i) residency
288288 5 requirements in municipalities with a population of at least
289289 6 1,000,000 100,000; ii) the type of equipment, other than
290290 7 uniforms, issued or used; iii) manning; iv) the total number
291291 8 of employees employed by the department; v) mutual aid and
292292 9 assistance agreements to other units of government; and vi)
293293 10 the criterion pursuant to which force, including deadly force,
294294 11 can be used; provided, nothing herein shall preclude an
295295 12 arbitration decision regarding equipment or manning levels if
296296 13 such decision is based on a finding that the equipment or
297297 14 manning considerations in a specific work assignment involve a
298298 15 serious risk to the safety of a peace officer beyond that which
299299 16 is inherent in the normal performance of police duties.
300300 17 Limitation of the terms of the arbitration decision pursuant
301301 18 to this subsection shall not be construed to limit the factors
302302 19 upon which the decision may be based, as set forth in
303303 20 subsection (h).
304304 21 In the case of fire fighter, and fire department or fire
305305 22 district paramedic matters, the arbitration decision shall be
306306 23 limited to wages, hours, and conditions of employment
307307 24 (including manning and also including residency requirements
308308 25 in municipalities with a population under 1,000,000, but those
309309 26 residency requirements shall not allow residency outside of
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320320 1 Illinois) and shall not include the following matters: i)
321321 2 residency requirements in municipalities with a population of
322322 3 at least 1,000,000; ii) the type of equipment (other than
323323 4 uniforms and fire fighter turnout gear) issued or used; iii)
324324 5 the total number of employees employed by the department; iv)
325325 6 mutual aid and assistance agreements to other units of
326326 7 government; and v) the criterion pursuant to which force,
327327 8 including deadly force, can be used; provided, however,
328328 9 nothing herein shall preclude an arbitration decision
329329 10 regarding equipment levels if such decision is based on a
330330 11 finding that the equipment considerations in a specific work
331331 12 assignment involve a serious risk to the safety of a fire
332332 13 fighter beyond that which is inherent in the normal
333333 14 performance of fire fighter duties. Limitation of the terms of
334334 15 the arbitration decision pursuant to this subsection shall not
335335 16 be construed to limit the facts upon which the decision may be
336336 17 based, as set forth in subsection (h).
337337 18 The changes to this subsection (i) made by Public Act
338338 19 90-385 (relating to residency requirements) do not apply to
339339 20 persons who are employed by a combined department that
340340 21 performs both police and firefighting services; these persons
341341 22 shall be governed by the provisions of this subsection (i)
342342 23 relating to peace officers, as they existed before the
343343 24 amendment by Public Act 90-385.
344344 25 To preserve historical bargaining rights, this subsection
345345 26 shall not apply to any provision of a fire fighter collective
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356356 1 bargaining agreement in effect and applicable on the effective
357357 2 date of this Act; provided, however, nothing herein shall
358358 3 preclude arbitration with respect to any such provision.
359359 4 (j) Arbitration procedures shall be deemed to be initiated
360360 5 by the filing of a letter requesting mediation as required
361361 6 under subsection (a) of this Section. The commencement of a
362362 7 new municipal fiscal year after the initiation of arbitration
363363 8 procedures under this Act, but before the arbitration
364364 9 decision, or its enforcement, shall not be deemed to render a
365365 10 dispute moot, or to otherwise impair the jurisdiction or
366366 11 authority of the arbitration panel or its decision. Increases
367367 12 in rates of compensation awarded by the arbitration panel may
368368 13 be effective only at the start of the fiscal year next
369369 14 commencing after the date of the arbitration award. If a new
370370 15 fiscal year has commenced either since the initiation of
371371 16 arbitration procedures under this Act or since any mutually
372372 17 agreed extension of the statutorily required period of
373373 18 mediation under this Act by the parties to the labor dispute
374374 19 causing a delay in the initiation of arbitration, the
375375 20 foregoing limitations shall be inapplicable, and such awarded
376376 21 increases may be retroactive to the commencement of the fiscal
377377 22 year, any other statute or charter provisions to the contrary,
378378 23 notwithstanding. At any time the parties, by stipulation, may
379379 24 amend or modify an award of arbitration.
380380 25 (k) Orders of the arbitration panel shall be reviewable,
381381 26 upon appropriate petition by either the public employer or the
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392392 1 exclusive bargaining representative, by the circuit court for
393393 2 the county in which the dispute arose or in which a majority of
394394 3 the affected employees reside, but only for reasons that the
395395 4 arbitration panel was without or exceeded its statutory
396396 5 authority; the order is arbitrary, or capricious; or the order
397397 6 was procured by fraud, collusion or other similar and unlawful
398398 7 means. Such petitions for review must be filed with the
399399 8 appropriate circuit court within 90 days following the
400400 9 issuance of the arbitration order. The pendency of such
401401 10 proceeding for review shall not automatically stay the order
402402 11 of the arbitration panel. The party against whom the final
403403 12 decision of any such court shall be adverse, if such court
404404 13 finds such appeal or petition to be frivolous, shall pay
405405 14 reasonable attorneys' fees and costs to the successful party
406406 15 as determined by said court in its discretion. If said court's
407407 16 decision affirms the award of money, such award, if
408408 17 retroactive, shall bear interest at the rate of 12 percent per
409409 18 annum from the effective retroactive date.
410410 19 (l) During the pendency of proceedings before the
411411 20 arbitration panel, existing wages, hours, and other conditions
412412 21 of employment shall not be changed by action of either party
413413 22 without the consent of the other but a party may so consent
414414 23 without prejudice to his rights or position under this Act.
415415 24 The proceedings are deemed to be pending before the
416416 25 arbitration panel upon the initiation of arbitration
417417 26 procedures under this Act.
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428428 1 (m) Security officers of public employers, and Peace
429429 2 Officers, Fire Fighters and fire department and fire
430430 3 protection district paramedics, covered by this Section may
431431 4 not withhold services, nor may public employers lock out or
432432 5 prevent such employees from performing services at any time.
433433 6 (n) All of the terms decided upon by the arbitration panel
434434 7 shall be included in an agreement to be submitted to the public
435435 8 employer's governing body for ratification and adoption by
436436 9 law, ordinance or the equivalent appropriate means.
437437 10 The governing body shall review each term decided by the
438438 11 arbitration panel. If the governing body fails to reject one
439439 12 or more terms of the arbitration panel's decision by a 3/5 vote
440440 13 of those duly elected and qualified members of the governing
441441 14 body, within 20 days of issuance, or in the case of
442442 15 firefighters employed by a state university, at the next
443443 16 regularly scheduled meeting of the governing body after
444444 17 issuance, such term or terms shall become a part of the
445445 18 collective bargaining agreement of the parties. If the
446446 19 governing body affirmatively rejects one or more terms of the
447447 20 arbitration panel's decision, it must provide reasons for such
448448 21 rejection with respect to each term so rejected, within 20
449449 22 days of such rejection and the parties shall return to the
450450 23 arbitration panel for further proceedings and issuance of a
451451 24 supplemental decision with respect to the rejected terms. Any
452452 25 supplemental decision by an arbitration panel or other
453453 26 decision maker agreed to by the parties shall be submitted to
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464464 1 the governing body for ratification and adoption in accordance
465465 2 with the procedures and voting requirements set forth in this
466466 3 Section. The voting requirements of this subsection shall
467467 4 apply to all disputes submitted to arbitration pursuant to
468468 5 this Section notwithstanding any contrary voting requirements
469469 6 contained in any existing collective bargaining agreement
470470 7 between the parties.
471471 8 (o) If the governing body of the employer votes to reject
472472 9 the panel's decision, the parties shall return to the panel
473473 10 within 30 days from the issuance of the reasons for rejection
474474 11 for further proceedings and issuance of a supplemental
475475 12 decision. All reasonable costs of such supplemental proceeding
476476 13 including the exclusive representative's reasonable attorney's
477477 14 fees, as established by the Board, shall be paid by the
478478 15 employer.
479479 16 (p) Notwithstanding the provisions of this Section the
480480 17 employer and exclusive representative may agree to submit
481481 18 unresolved disputes concerning wages, hours, terms and
482482 19 conditions of employment to an alternative form of impasse
483483 20 resolution.
484484 21 The amendatory changes to this Section made by Public Act
485485 22 101-652 take effect July 1, 2022.
486486 23 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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