Section 1130.10  General Statement of Purpose

 

The regulations contained in this Part detail the procedures for giving required notices during collective bargaining, for resolving impasses in collective bargaining, and for the making of appointments to the Illinois Educational Labor Mediation Roster and the selection of mediators, fact finders and arbitrators from the Roster.

 

Section 1130.20  Notices and Timetable for Bargaining

 

a)         Newly Certified Representatives

In units for which exclusive representatives have been newly certified, with respect to collective bargaining between an educational employer that is not a public school district organized under Article 34 of the School Code [105 ILCS 5/Art. 34] and an exclusive representative of its employees, this subsection (a) shall apply.  For purposes of this subsection (a), newly certified representatives are representatives that have not yet reached a collective bargaining agreement after their certification under the Illinois Educational Labor Relations Act [115 ILCS 5].

 

1)         Upon demand of either party, collective bargaining between the employer and an exclusive collective bargaining representative must begin within 60 days after the date of certification of the exclusive representative by the Board.  Once commenced, collective bargaining must continue for at least a 60 day period, unless a contract is entered into. [115 ILCS 5/12(a)]

 

2)         If no agreement has been reached within 90 days prior to the scheduled start of the forthcoming school year, the exclusive representative and the employer shall file a notice with the Board.  In addition to the requirements of subsection (d), this notice shall include a statement on whether mediation has been used.

 

3)         If no agreement has been reached within 45 days after bargaining was initiated, the parties shall file a notice with the Board.  In addition to the requirements of subsection(d), this notice shall state that no agreement has been reached and whether the parties have agreed to mediation using privately selected individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association [115 ILCS 5/12(a)].  If, by this date, mediation has not been initiated, the Board shall invoke mediation upon request of a party.

 

4)         If no agreement has been reached 45 days prior to the scheduled start of the forthcoming school year, the parties shall file a notice with the Board.  In addition to the requirements of subsection (d), this notice shall state that no agreement has been reached and whether the parties have agreed to mediation using privately selected individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association [115 ILCS 5/12(a)].  If, by this date, mediation has not been initiated, the Board shall invoke mediation upon request of a party.

 

b)         Existing Representatives

In units represented by existing exclusive representatives, with respect to collective bargaining between an educational employer that is not a public school district organized under Article 34 of the School Code and an exclusive representative of its employees, the rules in this subsection (b) shall apply:

 

1)         Upon demand of either party, collective bargaining must begin within 60 days after the receipt of the demand to bargain by the other party.  Once commenced, collective bargaining must continue for at least a 60 day period, unless a contract is entered into [115 ILCS 5/12(a)].

 

2)         If no agreement has been reached within 90 days prior to the scheduled start of the forthcoming school year, the exclusive representative and the employer shall file a notice with the Board. In addition to the requirements of subsection (d), this notice shall include a statement on whether mediation has been used.

 

3)         If no agreement has been reached 45 days prior to the scheduled start of the forthcoming school year, the parties shall file a second notice with the Board.  In addition to the requirements of subsection (d), this notice shall state that no agreement has been reached and whether the parties have agreed to mediation using privately selected individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association [115 ILCS 5/12(a)].  If, by this date, mediation has not been initiated, the Board shall invoke mediation upon request of a party.

 

c)         All notices filed under this Section may be filed jointly, signed by both parties.  If the notice is not filed jointly, each party shall file a separate notice and serve a copy on the other party.  Notices under this Section will be considered filed on the date they are received by the Board.

 

d)         All notices filed under this Section shall be on a form developed by the Board and shall contain the following:

 

1)         the name, affiliation, if any, and address of the exclusive representative;

 

2)         the name and address of the employer;

 

3)         the expiration date of the existing collective bargaining agreement, if any;

 

4)         the date of the scheduled start of the forthcoming school year; and

 

5)         a brief report on the status of negotiations, including the date negotiations began.

 

(Source:  Amended at 41 Ill. Reg. 10635, effective August 1, 2017)

 

Section 1130.30  Mediation

 

a)         This Section shall apply to collective bargaining between an educational employer that is not a public school district organized under Article 34 of the School Code and an exclusive representative of its employees.

 

b)         Mediation services will be provided at any time upon joint request of the parties.

 

c)         Mediation may be invoked upon request of one party if, after a reasonable period of negotiation and within 90 days prior to the scheduled start of the forthcoming school year, the parties engaged in collective bargaining have reached an impasse [115 ILCS 5/12(a)].

 

d)         Mediation will automatically be invoked by the Board upon request of a party 45 days after bargaining has begun in units for which exclusive representatives have been newly certified or 45 days prior to the scheduled start of the forthcoming school year.

 

e)         Within two days after the Board invokes mediation, the parties may submit a stipulation to defer selection of a mediator. The stipulation shall be on a form developed by the Board and shall include a provision that the parties will maintain the status quo with respect to existing terms and conditions of employment and will not engage in a strike while the stipulation is in effect.  Either party may withdraw the stipulation at any time by giving notice to the other party and to the Board.

 

f)         Requests for Mediation

 

1)         Requests for mediation shall be in writing and shall be submitted to the Board's Chicago office at the following address:

 

Illinois Educational Labor Relations Board

160 N. LaSalle St., Suite N-400

Chicago IL  60601

 

2)         Requests for mediation may also be submitted to the Board's electronic mailbox (ELRB.mail@illinois.gov).  The request shall be signed by the requesting party or by both parties, if joint.

 

g)         Requests and joint requests for mediation shall be on a form developed by the Board and shall include:

 

1)         the name, affiliation, if any, and address of the requesting party;

 

2)         the name, affiliation, if any, and address of the other party to collective bargaining;

 

3)         the date collective bargaining began;

 

4)         the date the existing contract, if any, is scheduled to expire; and

 

5)         the date of the scheduled start of the forthcoming school year.

 

h)         When the Board receives a request from one party, it shall investigate the request.  If the Board's investigation discloses that the request was properly filed under this Part, and that the bargaining has not resulted in an agreement and the Board concludes that mediation would assist the parties, the Board shall invoke mediation.  In determining whether mediation would assist the parties, the Board shall consider such factors as the number of meetings that have occurred, the number of issues in dispute, the significance of the issues in dispute, the degree of experience of the representatives of the parties in the bargaining process, and the collective bargaining history of the parties.

 

i)          Whenever the Board receives a joint request for mediation, or whenever the Board invokes mediation, or whenever the Board has not approved a stipulation to defer selection of a mediator within two days after invocation of mediation, or whenever such a stipulation has been withdrawn, the Board shall submit to the parties a panel of three proposed mediators selected from the Illinois Educational Labor Mediation Roster.  Within three days following receipt of the panel, the parties shall select one of the names on the panel or any other person they choose to serve as mediator.  Whenever the parties agree to select a mediator through the Federal Mediation and Conciliation Service, the American Arbitration Association, or any other source, they shall notify the Board of their selection.  If the parties fail to agree on a mediator within the three day period, the Board shall appoint a mediator.

 

j)          The mediator may hold joint and separate conferences with the parties. The conferences shall be private unless the mediator and the parties agree otherwise.

 

k)         Information disclosed by a party to a mediator in the performance of mediation functions shall not be disclosed voluntarily or by compulsion. All files, records, reports, documents, or other papers prepared by a mediator shall be confidential.  The mediator shall not produce any confidential records of, or testify in regard to, any mediation conducted by the mediator on behalf of any party to any cause pending in any type of proceeding.

 

(Source:  Amended at 41 Ill. Reg. 10635, effective August 1, 2017)

 

Section 1130.35  Notification and Public Posting Procedures

 

a)         This Section applies only to collective bargaining between a public school district or a combination of public school districts, including, but not limited to, joint cooperatives, that is not organized under Article 34 of the School Code and an exclusive representative of its employees. [115 ILCS 5/12(a-5)]  This Section does not apply to other educational employers as defined in Section 2(a) of the Act, specifically, public community college districts, State colleges or universities, any State agency whose major function is providing educational services, School Finance Authorities created under Article 1E or 1F of the School Code [105 ILCS 5/Art. IE or Art. IF], or school districts organized under Article 34 of the School Code.

 

b)         At any time more than 15 days after mediation has commenced, either party may initiate the public posting process set forth in Section 12(a-5) of the Act. [115 ILCS 5/12(a-5)]  For the purposes of this subsection (b), the date that mediation has commenced shall be the date upon which the parties first meet with a mediator.  The mediator may initiate the public posting process at any time 15 days after mediation has commenced during the mediation process. [115 ILCS 5/12(a-5)]

 

c)         Initiation of the public posting process must be filed with the Board.  Copies of the filing with the Board must be served on the parties in such a manner that the parties will receive the filing on the same date the Board receives it.  The filing shall be in writing and shall include:

 

1)         if a party is initiating the public posting process, the name, affiliation, if any, and address of the party initiating the public posting process and the name, affiliation, if any, and address of the other party to collective bargaining;

 

2)         if the mediator is initiating the public posting process, the name of the mediator and the names, affiliations, if any, and addresses of the parties to collective bargaining;

 

3)         the expiration date of the existing collective bargaining agreement, if any; and

 

4)         the date of the scheduled start of the forthcoming school year.

 

d)         The initiation of the public posting process will be considered to have occurred on the date the Board receives the filing.

 

e)         Within seven days after the initiation of the public posting process, each party shall submit, both electronically and in hard copy, to the mediator, the Board and the other party, a document that includes:

 

1)         the most recent offer of the party;

 

2)         a cost summary dealing with those issues on which the parties have failed to reach agreement;

 

3)         the date of the expiration of the existing collective bargaining agreement, if any; and

 

4)         the date of the scheduled start of the forthcoming school year.

 

f)         The employees of the public school district, or combination of public school districts, shall not engage in a strike until at least 14 days have elapsed after the Board has made the most recent offers and cost summaries public on its website (www.illinois.gov/elrb).

 

g)         Once an agreement has been ratified, the parties shall jointly notify the Board unless the mediator notifies the Board. Notification that an agreement has been ratified shall be in writing. Notification may be made by telephone to the Board's Chicago office, but a written notification must follow as soon as possible, and in no event later than two business days after the notification by telephone.

 

h)         On the date the most recent offers and cost summaries are posted on the Board's website, the school district or combination of public school districts shall, at a minimum, provide notification that the offers and cost summaries are available on the Board's website to all news media that have filed an annual request for notices from the school district or combination of school districts pursuant to Section 2.02 of the Open Meetings Act [5 ILCS 120/2.02].

 

i)          After the Board has received written notification from both parties that an agreement has been ratified, the Board shall remove from its website the parties' submissions, including the offers, cost summaries, date of expiration of any existing collective bargaining agreement, and date of the scheduled start of the forthcoming school year.

 

(Source:  Added at 38 Ill. Reg. 8379, effective April 1, 2014)

 

Section 1130.40  Notice of Intent to Strike

 

a)         In addition to the limitations imposed by Section 1130.35(f) or Section 1130.55(f) and (g), educational employees shall not engage in a strike unless at least 10 days have elapsed after a notice of intent to strike has been given by the exclusive bargaining representative to the educational employer, the regional superintendent (if one exists with jurisdiction over the educational employer) and the Illinois Educational Labor Relations Board.  [115 ILCS 5/13(b)(3)]

 

b)         For purposes of this Section, 10 days shall mean 10 calendar days. Intervening  Saturdays, Sundays or legal holidays shall be included.  The day on which the notice of intent to strike is given shall not be included.  The last day of the period shall be included regardless of whether the last day falls on a Saturday, Sunday or legal holiday.

 

c)         Notice of intent to strike must be in writing and must include:

 

1)         the name, address and affiliation, if any, of the exclusive representative;

 

2)         the name and address of the employer;

 

3)         a description of the bargaining unit; and

 

4)         a statement of intent to strike.

 

d)         Notice of intent to strike shall be considered given to the Board on the date written notice is received by the Board, unless telephonic notice is given to the Board's Executive Director or his designee during the Board's regular office hours, and confirmed immediately by written notice personally delivered to the Board's office or mailed to the Board's office by certified or registered mail.

 

(Source:  Amended at 38 Ill. Reg. 8379, effective April 1, 2014)

 

Section 1130.50  Fact Finding and Interest Arbitration

 

a)         The parties may agree to the use of fact finding or interest arbitration in settling their disputes.

 

b)         Upon joint request of the parties, the Board shall provide one panel of no more than seven arbitrators for use by the parties in selecting a fact finder or interest arbitrator.  Such request shall be on a form developed by the Board.  The parties shall attach a copy of their agreement to use fact finding or interest arbitration to the request.

 

Section 1130.55  Collective Bargaining and Impasse Resolution Rules for School Districts Organized under Article 34 of the School Code

 

a)         If the parties fail to reach agreement after a reasonable period of mediation, the dispute shall be submitted to fact-finding in accordance with this Section.  Either the educational employer or the exclusive representative may initiate fact-finding by submitting a written demand to the other party with a copy of the demand submitted simultaneously to the Board. [115 ILCS 5/12(a-10)(l)]

 

b)         Within 3 days following a party's demand for fact-finding, each party shall appoint one member of the fact-finding panel, unless the parties agree to proceed without a tri-partite panel.  Following these appointments, if any, the parties shall select a qualified impartial individual to serve as the fact-finder and chairperson of the fact-finding panel, if applicable.  An individual shall be considered qualified to serve as the fact-finder and chairperson of the fact-finding panel, if applicable, if he or she was not the same individual who was appointed as the mediator and if he or she satisfies the following requirements:

 

1)         membership in good standing with the National Academy of Arbitrators, Federal Mediation and Conciliation Service, or American Arbitration Association for a minimum of 10 years;

 

2)         membership on the mediation roster for the Illinois Labor Relations Board or the Illinois Educational Labor Relations Board;

 

3)         issuance of at least 5 interest arbitration awards arising under the Illinois Public Labor Relations Act [5 ILCS 315]; and

 

4)         participation in impasse resolution processes arising under private or public sector collective bargaining statutes in other states. [115 ILCS 5/12(a-10)(2)]

 

c)         If the parties are unable to agree on a fact-finder, the parties shall request a panel of fact-finders who satisfy the requirements in subsection (b) from either the Federal Mediation and Conciliation Service or the American Arbitration Association and shall select a fact-finder from such panel in accordance with the procedures established by the organization providing the panel. [115 ILCS 5/12(a-10)(2)]

 

d)         The fact-finder shall have the following duties and powers:

 

1)         to require the parties to submit a statement of disputed issues and their positions regarding each issue, either jointly or separately;

 

2)         to identify disputed issues that are economic in nature;

 

3)         to meet with the parties either separately or in executive sessions;

 

4)         to conduct hearings and regulate the time, place, course, and manner of the hearings;

 

5)         to request the Board to issue subpoenas requiring the attendance and testimony of witnesses or the production of evidence;

 

6)         to administer oaths and affirmations;

 

7)         to examine witnesses and documents;

 

8)         to create a full and complete written record of the hearings;

 

9)         to attempt mediation or remand a disputed issue to the parties for further collective bargaining;

 

10)         to require the parties to submit final offers for each disputed issue either individually or as a package or as a combination of both; and

 

11)         to employ any other measures deemed appropriate to resolve the impasse. [115 ILCS 5/12(a-10)(3)]

 

e)         If the dispute is not settled within 75 days after the appointment of the fact-finding panel, the fact-finding panel shall issue a private report to the parties that contains advisory findings of fact and recommended terms of settlement for all disputed issues and that sets forth a rationale for each recommendation.  The fact-finding panel, acting by a majority of its members, shall base its findings and recommendations on the following criteria, as applicable:

 

1)         the lawful authority of the employer;

 

2)         the federal and State statutes or local ordinances and resolutions applicable to the employer;

 

3)         prior collective bargaining agreements and the bargaining history between the parties;

 

4)         stipulations of the parties;

 

5)         the interests and welfare of the public and the students and families served by the employer;

 

6)         the employer's financial ability to fund the proposals based on existing available resources, provided that such ability is not predicated on an assumption that lines of credit or reserve funds are available or that the employer may or will receive or develop new sources of revenue or increase existing sources of revenue;

 

7)         the impact of any economic adjustments on the employer's ability to pursue its educational mission;

 

8)         the present and future general economic conditions in the locality and State;

 

9)         a comparison of the wages, hours and conditions of employment of the employees involved in the dispute with the wages, hours and conditions of employment of employees performing similar services in public education in the 10 largest U.S. cities;

 

10)         the average consumer prices in urban areas for goods and services, which is commonly known as the cost of living;

 

11)         the overall compensation presently received by the employees involved in the dispute, including:

 

A)        direct wage compensation;

 

B)        vacations, holidays, and other excused time;

 

C)        insurance and pensions;

 

D)        medical and hospitalization benefits;

 

E)        the continuity and stability of employment and all other benefits received; and

 

F)         how each party's proposed compensation structure supports the educational goals of the district;

 

12)         changes in any of the circumstances listed in subsection (e)(1) through (11) during the fact-finding proceedings;

 

13)         the effect that any term the parties are at impasse on has or may have on the overall educational environment, learning conditions, and working conditions within the school district; and

 

14)         the effect that any term the parties are at impasse on has or may have in promoting the public policy of this State. [115 ILCS 5/12(a-10)(4)]

 

f)         The fact-finding panel's recommended terms of settlement shall be deemed agreed upon by the parties as the final resolution of the disputed issues and incorporated into the collective bargaining agreement executed by the parties, unless either party tenders to the other party and the chairperson of the fact-finding panel a notice of rejection of the recommended terms of settlement with a rationale for the rejection, within 15 days after the date of issuance of the fact-finding panel's report.  If either party submits a notice of rejection, the chairperson of the fact-finding panel shall promptly release the fact-finding panel's report and the notice of rejection for public information by delivering a copy to all newspapers of general circulation in the community with simultaneous written notice to the parties. [115 ILCS 5/12(a-10)(5)]

 

g)         Educational employees in a school district organized under Article 34 of the School Code shall not engage in a strike until at least 30 days have elapsed after a fact-finding report has been released for public information. [115 ILCS 5/13(b)]

 

h)         Educational employees in a school district organized under Article 34 of the School Code shall not engage in a strike unless at least three-fourths of all bargaining unit employees who are members of the exclusive bargaining representative have affirmatively voted to authorize the strike; provided, however, that all members of the exclusive bargaining representative at the time of a strike authorization vote shall be eligible to vote. [115 ILCS 5/13(b)]

 

(Source:  Added at 38 Ill. Reg. 8379, effective April 1, 2014)

 

Section 1130.60  Filing of Agreements (Repealed)

 

(Source:  Repealed at 41 Ill. Reg. 10635, effective August 1, 2017)

 

Section 1130.70  Grievance Arbitration and No Strike Clauses

 

a)         Every collective bargaining agreement between an employer and an employee organization shall contain a grievance procedure which has as its last step final arbitration.  The agreement shall also contain appropriate language prohibiting strikes for the duration of the agreement.

 

b)         Whenever the parties request, the Board shall provide a panel of grievance arbitrators selected from the Illinois Educational Labor Mediation Roster.  The size of the panel shall be specified by the parties in their request, but shall not exceed seven.  If the parties are unable to select an arbitrator from the first panel, the Board shall provide a second panel.  The Board shall not provide more than two panels.

 

Section 1130.80  Illinois Educational Labor Mediation Roster

 

a)         The Board shall establish an Illinois Educational Labor Mediation Roster.  The Roster shall list qualified mediators, fact finders, interest arbitrators, and grievance arbitrators.  A person may be qualified in more than one category.

 

b)         Appointment to the Roster shall be by the Board, after application by the individual.  The application shall be on a form developed by the Board.

 

c)         In making appointments to the Roster, the Board shall consider such factors as experience and training, membership on other mediation or arbitration panels, education, prior published awards, current advocacy in employment relations matters, letters of recommendation supporting the application, and any other material supplied by the applicant or any clarifying or supplemental material requested by the Board which serves to establish these factors.

 

d)         Persons appointed to the Roster shall file with the Board a brief biographical sketch, a concise resume of their experience relevant to the position for which they are listed and a fee schedule.  Whenever an individual is selected to serve in a case that individual shall not charge a fee greater than that listed in the fee schedule the individual has filed with the Board.  A minimum of 30 days notice shall be given for changes in fee schedules.

 

e)         Whenever the Board provides the parties with a panel selected from the Roster, the Board shall provide copies of the biographical sketches and fee schedules of the panelists.

 

f)         The parties may jointly request that panels submitted to them contain or omit specific individuals.  No party may unilaterally make such a request.