Public Act 096-0598
 		





SB1715 Enrolled
LRB096 08508 JAM 18628 b






    AN ACT concerning government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Illinois Public Labor Relations Act is 
amended  by changing Section 7 as follows:
 



    (5 ILCS 315/7)  (from Ch. 48, par. 1607)



    Sec. 7. Duty to bargain. A public employer and the 
exclusive representative
have the authority and the duty to 
bargain collectively set forth in this
Section.

    For the purposes of this Act, "to bargain collectively" 
means the performance
of the mutual obligation of the public 
employer or his designated
representative and the 
representative of the public employees to meet at
reasonable 
times, including meetings in advance of the budget-making 
process,
and to negotiate in good faith with respect to wages, 
hours, and other
conditions
of employment, not excluded by 
Section 4 of this Act, or the negotiation
of an agreement, or 
any question arising
thereunder and the execution of a written 
contract incorporating any agreement
reached if requested by 
either party, but such obligation does not compel
either party 
to agree to a proposal or require the making of a concession.

    The duty "to bargain collectively" shall also include an 
obligation to
negotiate over any matter with respect to wages, 
hours and other conditions
of employment, not specifically 
provided for in any other law or not specifically
in violation 
of the provisions
of any law.  If any other  law pertains, in 
part, to a matter affecting
the wages, hours and other 
conditions of employment, such other law shall
not be construed 
as limiting the duty "to bargain collectively" and to enter

into collective bargaining agreements containing clauses which 
either supplement,
implement, or relate to the effect of such 
provisions in other laws.

    The duty "to bargain collectively" shall also include 
negotiations
as to the terms of a collective bargaining 
agreement.
The parties may, by mutual agreement, provide for 
arbitration of impasses
resulting from their inability to agree 
upon wages, hours and terms and
conditions of employment to be 
included in a collective bargaining agreement.
Such 
arbitration provisions shall be subject to the Illinois 
"Uniform Arbitration
Act" unless agreed by the parties.

    The duty "to bargain collectively" shall also mean that no 
party to a collective
bargaining contract shall terminate or 
modify such contract, unless the
party desiring such 
termination or modification:

    (1) serves a written notice upon the other party to the 
contract of the
proposed termination or modification 60 days 
prior to the expiration date
thereof, or in the event such 
contract contains no expiration date, 60 days
prior to the time 
it is proposed to make such termination or modification;

    (2) offers to meet and confer with the other party for the 
purpose of
negotiating a new contract or a contract containing 
the proposed modifications;

    (3) notifies the Board within 30 days after such notice of 
the existence
of a dispute, provided no agreement has been 
reached by that time; and

    (4) continues in full force and effect, without resorting 
to strike or
lockout, all the terms and conditions of the 
existing contract for a period
of 60 days after such notice is 
given to the other party or until the expiration
date of such 
contract, whichever occurs later.

    The duties imposed upon employers, employees and labor 
organizations by
paragraphs (2), (3) and (4) shall become 
inapplicable upon an intervening
certification of the Board, 
under which the labor organization, which is
a party to the 
contract, has been superseded as or ceased to be the exclusive

representative
of the employees pursuant to the provisions of 
subsection (a) of Section
9, and the duties so imposed shall 
not be construed as requiring either
party to discuss or agree 
to any modification of the terms and conditions
contained in a 
contract for a fixed period, if such modification is to become

effective before such terms and conditions can be reopened 
under the provisions
of the contract.

    Collective bargaining for personal care attendants and 
personal assistants
under
the Home Services Program shall be 
limited to the terms and conditions of
employment
under the 
State's control, as defined in the amendatory Act of the 93rd

General
Assembly.

    Collective bargaining for child and day care home providers 
under the child care assistance program shall be limited to the 
terms and conditions of employment under the State's control, 
as defined in this amendatory Act of the 94th General Assembly.

    Notwithstanding any other provision of this Section, 
whenever collective bargaining is for the purpose of 
establishing an initial agreement following original 
certification of units with fewer than 35 employees, with 
respect to public employees other than peace officers, fire 
fighters, and security employees, the following apply:
        (1)   Not later than 10 days after receiving a written 
    request for collective bargaining from a labor 
    organization that has been newly certified as a 
    representative as defined in Section 6(c), or within such 
    further period as the parties agree upon, the parties shall 
    meet and commence to bargain collectively and shall make 
    every reasonable effort to conclude and sign a collective 
    bargaining agreement.
        (2)   If anytime after the expiration of the 90-day 
    period beginning on the date on which bargaining is 
    commenced the parties have failed to reach an agreement, 
    either party may notify the Illinois Public Labor Relations 
    Board of the existence of a dispute and request mediation 
    in accordance with the provisions of Section 14 of this 
    Act.
        (3)   If after the expiration of the 30-day period 
    beginning on the date on which mediation commenced, or such 
    additional period as the parties may agree upon, the 
    mediator is not able to bring the parties to agreement by 
    conciliation, either the exclusive representative of the 
    employees or the employer may request of the other, in 
    writing, arbitration and shall submit a copy of the request 
    to the board. Upon submission of the request for 
    arbitration, the parties shall be required to participate 
    in the impasse arbitration procedures set forth in Section 
    14 of this Act, except the right to strike shall not be 
    considered waived pursuant to Section 17 of this Act, until 
    the actual convening of the arbitration hearing. 
(Source: P.A. 93-204, eff. 7-16-03; 94-320, eff. 1-1-06.)