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91_HB0897
LRB9103051NTsb
1 AN ACT to amend the Illinois Educational Labor Relations
2 Act by changing Section 13 and repealing Section 4.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Educational Labor Relations Act
6 is amended by changing Section 13 as follows:
7 (115 ILCS 5/13) (from Ch. 48, par. 1713)
8 Sec. 13. Strikes.
9 (a) Notwithstanding the existence of any other provision
10 in this Act or other law, Educational employees employed in
11 school districts organized under Article 34 of the School
12 Code shall not engage in a strike at any time during the 18
13 month period that commences on the effective date of this
14 amendatory Act of 1995. An educational employee employed in
15 a school district organized under Article 34 of the School
16 Code who participates in a strike in violation of this
17 Section is subject to discipline by the employer. In
18 addition, no educational employer organized under Article 34
19 of the School Code may pay or cause to be paid to an
20 educational employee who participates in a strike in
21 violation of this subsection any wages or other compensation
22 for any period during which an educational employee
23 participates in the strike, except for wages or compensation
24 earned before participation in the strike. Notwithstanding
25 the existence of any other provision in this Act or other
26 law, during the 18-month period that strikes are prohibited
27 under this subsection nothing in this subsection shall be
28 construed to require an educational employer to submit to a
29 binding dispute resolution process.
30 (b) Notwithstanding the existence of any other provision
31 in this Act or any other law, educational employees other
-2- LRB9103051NTsb
1 than those employed in a school district organized under
2 Article 34 of the School Code and, after the expiration of
3 the 18 month period that commences on the effective date of
4 this amendatory Act of 1995, educational employees in a
5 school district organized under Article 34 of the School Code
6 shall not engage in a strike except under the following
7 conditions:
8 (1) they are represented by an exclusive
9 bargaining representative;
10 (2) mediation has been used without success;
11 (3) at least 10 days have elapsed after a notice
12 of intent to strike has been given by the exclusive
13 bargaining representative to the educational employer,
14 the regional superintendent and the Illinois Educational
15 Labor Relations Board;
16 (4) the collective bargaining agreement between
17 the educational employer and educational employees, if
18 any, has expired; and
19 (5) the employer and the exclusive bargaining
20 representative have not mutually submitted the unresolved
21 issues to arbitration.
22 If, however, in the opinion of an employer the strike is
23 or has become a clear and present danger to the health or
24 safety of the public, the employer may initiate in the
25 circuit court of the county in which such danger exists an
26 action for relief which may include, but is not limited to,
27 injunction. The court may grant appropriate relief upon the
28 finding that such clear and present danger exists. An unfair
29 practice or other evidence of lack of clean hands by the
30 educational employer is a defense to such action. Except as
31 provided for in this paragraph, the jurisdiction of the court
32 under this Section is limited by the Labor Dispute Act.
33 (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
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1 (115 ILCS 5/4.5 rep.)
2 Section 10. The Illinois Educational Labor Relations Act
3 is amended by repealing Section 4.5.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.