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91_HB1906
LRB9102924DHmg
1 AN ACT concerning collective bargaining with police
2 officers and firefighters.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Labor Relations Act is
6 amended by changing Section 7 as follows:
7 (5 ILCS 315/7) (from Ch. 48, par. 1607)
8 Sec. 7. Duty to bargain. A public employer and the
9 exclusive representative have the authority and the duty to
10 bargain collectively set forth in this Section.
11 For the purposes of this Act, "to bargain collectively"
12 means the performance of the mutual obligation of the public
13 employer or his designated representative and the
14 representative of the public employees to meet at reasonable
15 times, including meetings in advance of the budget-making
16 process, and to negotiate in good faith with respect to
17 wages, hours, and other conditions of employment, not
18 excluded by Section 4 of this Act, or the negotiation of an
19 agreement, or any question arising thereunder and the
20 execution of a written contract incorporating any agreement
21 reached if requested by either party, but such obligation
22 does not compel either party to agree to a proposal or
23 require the making of a concession.
24 The duty "to bargain collectively" shall also include an
25 obligation to negotiate over any matter with respect to
26 wages, hours and other conditions of employment, not
27 specifically provided for in any other law or not
28 specifically in violation of the provisions of any law. If
29 any other law pertains, in part, to a matter affecting the
30 wages, hours and other conditions of employment, such other
31 law shall not be construed as limiting the duty "to bargain
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1 collectively" and to enter into collective bargaining
2 agreements containing clauses which either supplement,
3 implement, or relate to the effect of such provisions in
4 other laws.
5 The duty "to bargain collectively" shall also include an
6 obligation to negotiate with the certified representative of
7 any peace officer bargaining unit composed of officers of the
8 rank to which promotions will be made, over promotional
9 issues including examination techniques and selection
10 criteria, in municipalities with over 1,000,000 inhabitants.
11 The duty "to bargain collectively" shall also include
12 negotiations as to the terms of a collective bargaining
13 agreement. The parties may, by mutual agreement, provide for
14 arbitration of impasses resulting from their inability to
15 agree upon wages, hours and terms and conditions of
16 employment to be included in a collective bargaining
17 agreement. Such arbitration provisions shall be subject to
18 the Illinois "Uniform Arbitration Act" unless agreed by the
19 parties.
20 The duty "to bargain collectively" shall also mean that
21 no party to a collective bargaining contract shall terminate
22 or modify such contract, unless the party desiring such
23 termination or modification:
24 (1) serves a written notice upon the other party to the
25 contract of the proposed termination or modification 60 days
26 prior to the expiration date thereof, or in the event such
27 contract contains no expiration date, 60 days prior to the
28 time it is proposed to make such termination or modification;
29 (2) offers to meet and confer with the other party for
30 the purpose of negotiating a new contract or a contract
31 containing the proposed modifications;
32 (3) notifies the Board within 30 days after such notice
33 of the existence of a dispute, provided no agreement has been
34 reached by that time; and
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1 (4) continues in full force and effect, without
2 resorting to strike or lockout, all the terms and conditions
3 of the existing contract for a period of 60 days after such
4 notice is given to the other party or until the expiration
5 date of such contract, whichever occurs later.
6 The duties imposed upon employers, employees and labor
7 organizations by paragraphs (2), (3) and (4) shall become
8 inapplicable upon an intervening certification of the Board,
9 under which the labor organization, which is a party to the
10 contract, has been superseded as or ceased to be the
11 exclusive representative of the employees pursuant to the
12 provisions of subsection (a) of Section 9, and the duties so
13 imposed shall not be construed as requiring either party to
14 discuss or agree to any modification of the terms and
15 conditions contained in a contract for a fixed period, if
16 such modification is to become effective before such terms
17 and conditions can be reopened under the provisions of the
18 contract.
19 (Source: P.A. 83-1012.)
20 Section 10. The Counties Code is amended by changing
21 Section 3-8014 as follows:
22 (55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
23 Sec. 3-8014. Removal, demotion or suspension. Except as
24 is otherwise provided in this Division, no certified person
25 shall be removed, demoted or suspended except for cause, upon
26 written charges filed with the Merit Commission by the
27 sheriff. Upon the filing of such a petition, the sheriff may
28 suspend the certified person pending the decision of the
29 Commission on the charges. After the charges have been
30 heard, the Commission may direct that the person receive his
31 pay for any part or all of this suspension period, if any.
32 The charges shall be heard by the Commission upon not
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1 less than 14 days' certified notice. At such hearing, the
2 accused certified person shall be afforded full opportunity
3 to be represented by counsel, to be heard in his own defense
4 and to produce proof in his defense. Both the Commission
5 and the sheriff may be represented by counsel. The State's
6 Attorney of the applicable county may advise either the
7 Commission or the sheriff. The other party may engage
8 private counsel to advise it.
9 The Commission shall have the power to secure by its
10 subpoena both the attendance and testimony of witnesses and
11 the production of books and papers in support of the charges
12 and for the defense. Each member of the Commission shall
13 have the power to administer oaths.
14 If the charges against an accused person are established
15 by the preponderance of evidence, the Commission shall make a
16 finding of guilty and order either removal, demotion, loss of
17 seniority, suspension for a period of not more than 180 days,
18 or such other disciplinary punishment as may be prescribed by
19 the rules and regulations of the Commission which, in the
20 opinion of the members thereof, the offense justifies. If
21 the charges against an accused person are not established by
22 the preponderance of evidence, the Commission shall make a
23 finding of not guilty and shall order that the person be
24 reinstated and be paid his compensation for the suspension
25 period, if any, while awaiting the hearing. The sheriff
26 shall take such action as may be ordered by the Commission.
27 The provisions of the Administrative Review Law, and all
28 amendments and modifications thereof, and the rules adopted
29 pursuant thereto, shall apply to and govern all proceedings
30 for the judicial review of any order of the Commission
31 rendered pursuant to this Section. The plaintiff shall pay
32 the reasonable cost of preparing and certifying the record
33 for judicial review. However, if the plaintiff prevails in
34 the judicial review proceeding, the court shall award to the
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1 plaintiff a sum equal to the costs paid by the plaintiff to
2 have the record for judicial review prepared and certified.
3 Nothing in this Section shall be construed to limit or
4 prohibit any public employer, subject to the Illinois Public
5 Labor Relations Act, from bargaining collectively discipline
6 and discharge procedures that are not consistent with this
7 Act, including arbitration procedures for the appeal of
8 Commission orders rendered pursuant to this Section.
9 (Source: P.A. 86-962.)
10 Section 15. The Illinois Municipal Code is amended by
11 changing Section 10-2.1-17 as follows:
12 (65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
13 Sec. 10-2.1-17. Removal or discharge-Investigation of
14 charges-Retirement. Except as hereinafter provided, no
15 officer or member of the fire or police department of any
16 municipality subject to this Division 2.1 shall be removed or
17 discharged except for cause, upon written charges, and after
18 an opportunity to be heard in his own defense. If the chief
19 of the fire department or the chief of the police department
20 or both of them are appointed in the manner provided by
21 ordinance, they may be removed or discharged by the
22 appointing authority. In such case the appointing authority
23 shall file with the corporate authorities the reasons for
24 such removal or discharge, which removal or discharge shall
25 not become effective unless confirmed by a majority vote of
26 the corporate authorities. The board of fire and police
27 commissioners shall conduct a fair and impartial hearing of
28 the charges, to be commenced within 30 days of the filing
29 thereof, which hearing may be continued from time to time. In
30 case an officer or member is found guilty, the board may
31 discharge him, or may suspend him not exceeding 30 days
32 without pay. The board may suspend any officer or member
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1 pending the hearing with or without pay, but not to exceed 30
2 days. If the Board of Fire and Police Commissioners
3 determines that the charges are not sustained, the officer or
4 member shall be reimbursed for all wages withheld, if any. In
5 the conduct of this hearing, each member of the board shall
6 have power to administer oaths and affirmations, and the
7 board shall have power to secure by its subpoena both the
8 attendance and testimony of witnesses and the production of
9 books and papers relevant to the hearing.
10 The age for retirement of policemen or firemen in the
11 service of any municipality which adopts this Division 2.1 is
12 65 years, unless the Council or Board of Trustees shall by
13 ordinance provide for an earlier retirement age of not less
14 than 60 years.
15 The provisions of the Administrative Review Law, and all
16 amendments and modifications thereof, and the rules adopted
17 pursuant thereto, shall apply to and govern all proceedings
18 for the judicial review of final administrative decisions of
19 the board of fire and police commissioners hereunder. The
20 term "administrative decision" is defined as in Section 3-101
21 of the Code of Civil Procedure. Nothing in this Section
22 shall be construed to limit or prohibit any municipality,
23 subject to the Illinois Public Labor Relations Act, from
24 bargaining collectively discipline and discharge procedures
25 that are not consistent with this Act, including arbitration
26 procedures for the appeal of Board of Fire and Police
27 Commissioners decisions.
28 Nothing in this Section shall be construed to prevent the
29 chief of the fire department or the chief of the police
30 department from suspending without pay a member of his
31 department for a period of not more than 5 calendar days, but
32 he shall notify the board in writing of such suspension. Any
33 policeman or fireman so suspended may appeal to the board of
34 fire and police commissioners for a review of the suspension
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1 within 5 calendar days after such suspension, and upon such
2 appeal, the board may sustain the action of the chief of the
3 department, may reverse it with instructions that the man
4 receive his pay for the period involved, or may suspend the
5 officer for an additional period of not more than 30 days or
6 discharge him, depending upon the facts presented.
7 (Source: P.A. 85-915.)