Section 1230.10  General Statement of Purpose

 

a)         In creating this Part it is the Board's intent to be cognizant of the interests of labor organizations, public employers and employees, and the general public in assuring stable labor relations in the public sector.  In pursuit of this objective, it is incumbent upon both labor organizations and public employers to adhere to and comply with the rules and regulations set forth in this Part, particularly those provisions that set forth time periods and those provisions that set forth requirements for filing, with the Board, contracts, bargaining notices and other documents.

 

b)         The regulations contained in this Part detail the procedures for giving required notices during collective bargaining, for resolving impasses in collective bargaining, for making appointments to the Illinois Public Employees Mediation/Arbitration Roster, and for the selection of mediators, fact-finders and arbitrators from the Roster.  The regulations in this Part implement the policies of the Illinois Public Labor Relations Act (Act)  [5 ILCS 315] to provide peaceful and orderly procedures to protect the rights of public employers, public employees, labor organizations and the general public, to prevent labor strife and to protect the public health and safety.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.20  Definitions (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.30  General Purpose of this Subpart

 

Security officers of public employers, and peace officers, firefighters and fire department and fire protection district paramedics may not withhold services, nor may public employers lock out or prevent such employees from performing services at any time.  (Section 14(m) of the Act)  This Subpart implements the public policy of the State of Illinois that where the right of employees to strike is prohibited by law, it is necessary to afford an alternate, expeditious, equitable and effective procedure for the resolution of labor disputes subject to approval procedures mandated by the Act.  (Section 2 of the Act)  To achieve this policy objective, it is incumbent upon the parties to comply with the procedures established and to observe the time periods provided in this Subpart.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.40  Filing of Contracts (Repealed)  

 

(Source:  Repealed at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.50  Bargaining Notices for Protective Services Units

 

a)         The following notice requirements shall apply when the parties are bargaining for a successor contract:

 

1)         Pursuant to Section 7 of the Act, any party wishing to terminate or modify an existing collective bargaining agreement shall serve on the other party a written Notice of the Intent to Terminate or Modify.  The Notice shall be served on the other party 60 days prior to the scheduled termination date of the existing agreement.  A copy of the Notice shall be filed with the Board by the party wishing to terminate or modify at the same time it is served on the other party.  The Notice filed with the Board shall reference the existing contract's number as assigned by the Board.

 

2)         If, no later than 30 days after service of the Notice of Intent to Terminate or Modify, the parties have not reached agreement on a new contract, the party who filed the Notice shall serve on the other party and the Board a Notice of No Agreement.  The Notice shall be on a Board-designated form and shall set forth:  

 

A)        whether the parties are engaged in mediation and, if so, with whom;

 

B)        if the parties are not in mediation, whether the parties desire the Board's assistance in obtaining mediation;

 

C)        if the parties are not in mediation and do not require the Board's assistance in obtaining mediation, a statement from the parties that they are fully aware of the mandate of Section 14 of the Act that they engage in mediation 30 days prior to the expiration of a contract.

 

b)         The following notice requirements shall apply when the parties are bargaining for an initial contract:  

 

1)         Any time after the Board certifies an exclusive representative or at any time when there exists a valid historical bargaining relationship but no current contract, any party may serve on the other party a written demand for bargaining.  A copy of the demand for bargaining shall be filed with the Board by the party making the demand at the same time it is served on the other party.  The parties shall begin bargaining at any reasonable time after the demand is filed and served.

 

2)         Thirty days after the initial bargaining session between the parties, the party who filed the demand for bargaining shall file with the Board a Notice of Status of Negotiations.  The Notice shall be on a Board-designated form and set forth:

 

A)        whether the parties are engaged in mediation and, if so, with whom;

 

B)        if the parties are not in mediation, whether the parties desire the Board's assistance in obtaining mediation.

 

c)         Upon completing negotiations for either a successor or initial contract, the parties shall file with the Board a copy of the contract pursuant to 80 Ill. Adm. Code 1200.145.

 

(Source:  Amended at 41 Ill. Reg. 4510, effective April 17, 2017)

 

Section 1230.60  Mediation

 

a)         Parties concerned with protective services units shall commence mediation as follows, unless provided for in an alternative impasse procedure under Section 14(p) of the Act:

 

1)         In bargaining for a successor contract, unless the parties mutually agree to some other time limit, 30 days prior to expiration of the contract.  (Section 14(a) of the Act)

 

2)         In bargaining for an initial contract mediation shall commence upon 15 days of notice from either party or at such later time as the mediation services chosen pursuant to Section 12(b) of the Act can be provided to the parities.  (Section 14(a) of the Act)

 

b)         If the parties desire Board assistance in engaging a mediator, they shall file a Request for Mediation with the Board on a Board-designated form.  The Board shall provide the parties with a panel of at least 3 mediators listed on the Public Employees Mediation/Arbitration Roster.  The parties shall have 7 days from receipt of the list to choose one of the persons on the panel or any other person they choose to serve as mediator.  If, at the end of this 7-day period, the parties have not notified the Board of their selection, the Board shall appoint a mediator.

 

c)         Mediation shall be conducted as follows:

 

1)         The function of the mediator shall be to communicate with the employer and the exclusive representative or their representatives and to endeavor to bring about an amicable and voluntary settlement.  (Section 14(a) of the Act)

 

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

 

3)         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 considered confidential.  The mediator shall not produce any such confidential records of, or testify in regard to, any mediation conducted by him, on behalf of any party to any cause pending in any type of proceeding.

 

4)         The mediator shall keep the Board apprised of the status of the negotiations.

 

d)         Compensation for the mediator shall be paid equally by the parties;, however, if either party requests the use of mediation services from the federal mediation and conciliation service, the other party shall either join in such request or bear the additional cost of mediation services from another source.  (Section 14(a) of the Act)

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.70  Demand for Compulsory Interest Arbitration

 

a)         When negotiating for an initial contract or a successor contract, if any dispute has not been resolved within 15 days after the first meeting of the parties and the mediator, or within such other time limit as may be mutually agreed upon by the parties (Section 14(a) of the Act), either party may file on the other party a Demand for Compulsory Interest Arbitration.

 

b)         Demands for compulsory interest arbitration shall also be filed with the Board on a Board-designated form and shall include the names, addresses and telephone numbers of the parties and their representatives, the contract number and expiration date of the existing contract if there is one, the date mediation began or was waived or refused, the date the Notice of No Agreement was filed or, in initial contract negotiations, the date the Notice of Status of Negotiations was filed.

 

c)         Arbitration procedures shall be deemed to be initiated by the filing of a request for mediation.  (Section 14(j) of the Act)

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.80  Composition of the Arbitration Panel

 

a)         Unless otherwise agreed to in writing by the parties, the arbitration panel shall consist of 3 members:  the employer's delegate, the exclusive representative's delegate and the neutral chairman.

 

b)         Selection of the neutral chairman shall proceed as follows:

 

1)         Within 7 days after receipt of a timely filed Demand for Compulsory Interest Arbitration, the Board shall send the parties a list of 7 interest arbitrators selected from the Illinois Public Employees Mediation/Arbitration Roster, unless the parties have notified the Board of an agreement to use an alternate source of interest arbitrator.  The parties may agree to use an alternate source of interest arbitrators at any time prior to appointment of an arbitrator by the Board.

 

2)         The parties may select an individual on the list provided by the Board or any other individual mutually agreed upon by the parties.  Within 7 days following the receipt of the list, the parties shall notify the Board of the person they have selected.  Unless the parties agree on an alternate selection procedure, they shall alternatively strike one name from the list provided by the Board until only one name remains.  A coin toss shall determine which party shall strike the first name.  (Section 14(c) of the Act)

 

3)         If the parties fail to notify the Board of their selection for neutral chairman, the Board shall appoint, at random, a neutral chairman from the Illinois Public Employees Mediation/Arbitration Roster.  (Section 14(c) of the Act)

 

4)         The parties may request a second panel of arbitrators only upon agreement of the parties.  In the event a party objects to one or more members of the panel, the party shall notify the Executive Director of its objection within 5 days after receipt of the list of arbitrators. If the Executive Director believes that it is appropriate to include the arbitrator on the list, the parties shall continue the selection process provided in Section 1230.80(b)(2).  If the Executive Director believes that it is inappropriate to include the arbitrator on the list due to extenuating circumstances, such as a conflict of interest or incapacity, the Executive Director will send the parties the name of an arbitrator to replace the objectionable name.  The parties will follow the procedures set forth in Section 1230.80(b)(2) after receipt of the new list.  The fact that an arbitrator had previously represented unions or management in labor relations matters is not sufficient evidence of conflict of interest under this Section.  The Executive Director's decision not to remove an arbitrator from the list is not appealable; the objecting party having the objection may seek relief through striking the name of the arbitrator as provided in Section 1230.80(b)(2).

 

5)         If the neutral chairman is unable or unwilling to commence the hearing within 15 days following his or her appointment, or within such additional time period to which the parties may agree pursuant to Section 1230.90(a) of this Part, or if the neutral chairman is otherwise unable or unwilling to serve, the parties shall notify the Board within 5 days.  The Board shall provide the parties with a second list of 7 interest arbitrators from the Illinois Public Employees Mediation/Arbitration Roster.  Within 7 days after the Board provides the list, the parties shall select an individual from the list or any other individual to serve as neutral chairman.  If the parties fail to notify the Board of their selection, the Board shall appoint a neutral chairman.  Except in exceptional circumstances, the Board shall not supply the parties with more than 2 lists of interest arbitrators.

 

c)         Within 10 days following the filing of the demand for compulsory interest arbitration, each party shall notify the Board of the name, address and telephone number of its delegate to the interest arbitration panel. Delegates who are public officers or public employees shall continue on the payroll of the public employer during the arbitration proceeding without loss of pay.

 

d)         Upon receipt of the names of the delegates and upon selection of a neutral chairman, the Board shall notify the neutral chairman in writing of the Chairman's appointment.  The date of receipt of the notice shall be the date of the neutral chairman's appointment.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.90  Conduct of the Interest Arbitration Hearing

 

a)         The neutral chairman of the arbitration panel shall provide the parties with reasonable notice of a hearing to commence within 15 days following the Chairman's appointment.  The parties may agree in writing to extend the time for commencement of the hearing for a period of time not to exceed 90 days.  The hearing shall conclude within 30 days following its commencement, unless the parties agree to extend this period.

 

b)         The arbitration panel shall be responsible for choosing the location of the hearing and securing the premises.  The Board hereby deems it appropriate for hearings to take place at the location selected by the panel.  Requests to use the hearing rooms at the Board's offices must be made to the Board at least 10 days in advance, and will only be granted if space is available.

 

c)         The neutral chairman shall preside over the hearing and shall take testimony.  (Section 14(d) of the Act)  The neutral chairman shall control the hearing to ensure that it is concluded expeditiously within 30 days after its commencement or within such longer period to which the parties may agree.

 

d)         The neutral chairman shall have the authority to issue subpoenas in accordance with this Section.  Subpoenas shall be secured by the neutral chairman from the Board's office.  If any person refuses to obey a subpoena, or refuses to be sworn or to testify, or if any witness, party or representative is guilty of contempt while in attendance at the hearing, the neutral chairman may advise the Board's General Counsel.  The General Counsel shall request the assistance of the Attorney General to invoke the aid of the circuit court within the jurisdiction in which the hearing is being held.  (Section 14(e) of the Act)

 

e)         The arbitration proceeding shall be informal.  Technical rules of evidence shall not apply and the competence of evidence shall not thereby be deemed impaired.  (Section 14(d) of the Act)

 

f)         The arbitration panel may administer oaths, require the attendance of witnesses and the production of books, papers, contracts, agreements, and documents as may be deemed by it to be material to a just determination of the issues in dispute.  (Section 14(e) of the Act)

 

g)         The hearing proceedings shall be transcribed.  The arbitration panel shall arrange for the recording and transcription of the proceedings.  The costs of recording and transcribing the hearing shall be shared equally by the parties.  Any party that desires a copy of the transcript shall be responsible for the cost of its copy.

 

h)         The neutral chairman, if he or she is of the opinion that it would be useful or beneficial to do so, may remand the dispute to the parties for further collective bargaining for a period not to exceed 2 weeks.  (Section 14(f) of the Act)  The chairman shall notify the Board in writing of any such remand.  If the dispute is remanded to the parties, the running of the time period for conclusion of the hearing shall be stayed.

 

i)          Majority actions and rulings shall constitute the actions and rulings of the arbitration panel.  (Section 14(d) of the Act)

 

j)          Arbitration proceedings shall not be interrupted or terminated by reason of any unfair labor practice charges involving either party.  (Section 14(d) of the Act)

 

k)         Whenever one party has objected in good faith to the presence of an issue before the arbitration panel on the ground that the issue does not involve a subject over which the parties are required to bargain, the arbitration panel's award shall not consider that issue.  However, except as provided in subsections (1) and (m), the arbitration panel may consider and render an award on any issue that has been declared by the Board, or by the General Counsel pursuant to 80 Ill. Adm. Code 1200.143(b), to be a subject over which the parties are required to bargain.

 

l)          Arbitration – Peace Officers

 

1)         In arbitration proceedings involving peace officers, the arbitration panel's decision shall be limited to wages, hours and conditions of employment (which may include residency requirements in municipalities with a population under 1,000,000, but those residency requirements shall not allow residency outside of Illinois) and shall not include the following:

 

A)        residency requirements in municipalities with a population of at least 1,000,000;

 

B)        the type of equipment, other than uniforms, issued or used;

 

C)        manning;

 

D)        the total number employees employed by the department;

 

E)        mutual aid and assistance agreements to other units of government; and

 

F)         the criterion pursuant to which force including deadly force, can be used.

 

2)         However, nothing in Section 14(i) of the Act or in this subsection (l) shall preclude an arbitration decision regarding equipment or manning considerations in a specific work assignment involve a serious risk to the safety of a peace officer beyond that which is inherent in the normal performance of police duties.  (Section 14(i) of the Act)

 

m)        Arbitration – Firefighters/Paramedics

 

1)         In arbitration proceedings involving firefighters or paramedics employed by fire departments or fire protection districts, the arbitration panel's decision shall be limited to wages, hours and conditions of employment (which may include residency requirements in municipalities with a population under 1,000,000, but those residency requirements shall not allow residency outside of Illinois) and shall not include the following matters:

 

A)        residency requirements in municipalities with a population of at least 1,000,000;

 

B)        the type of equipment (other than uniforms and fire fighter turnout gear) issued or used;

 

C)        the total number of employees employed by the department;

 

D)        mutual aid and assistance agreements to other units of government; and

 

E)        the criterion pursuant to which force, including deadly force, can be used;

 

2)         However, nothing in Section 14(i) of the Act or this subsection (m) shall preclude an arbitration decision regarding equipment levels if that decision is based on a finding that the equipment considerations in a specific work assignment involve a serious risk to the safety of a fire fighter beyond that which is inherent in the normal performance of fire fighter duties.  (Section 14(i) of the Act)

 

3)         The limitations of this subsection (m) shall not apply to any provision of a firefighter collective bargaining agreement in effect and applicable as of January 1, 1986.

 

n)         If issues of peace officer manning, or peace officer, firefighter or paramedic equipment, are raised, unless otherwise agreed to by the parties, the panel shall receive evidence concerning the existence of a serious safety risk beyond that which is inherent in the normal performance of the employee's duties and evidence concerning the merits of the issue in the same proceeding.

 

o)         The arbitration panel:

 

1)         shall:

 

A)        determine which issues are in dispute and which of those issues are economic issues;

 

B)        serve a copy of that determination on the parties; and

 

C)        require the parties to submit their final offers of settlement on each economic issue in dispute.

 

2)         need not determine whether, with regard to protective service employees, equipment or manning issues involve serious safety risks beyond that which is inherent in the normal performance of the employees' duties at this stage of the proceeding.

 

3)         may allow the parties reasonable additional time, as determined by the number and the complexity of the issues, for presenting written or oral arguments in support of their positions.  The hearing shall be considered concluded when final offers are submitted or when written or oral arguments are presented, whichever is later.

 

4)         when the Board has issued an order or the General Counsel has issued a declaratory ruling, or an issue concerning the mandatory or non-mandatory nature of a matter is in dispute between the parties, allow parties to amend those aspects of their final offers affected by the Board Order or General Counsel's declaratory ruling.

 

p)         The following costs shall be shared equally by the parties:

 

1)         the neutral chairman's fee;

 

2)         costs of recording and transcribing the hearing;

 

3)         the rent, if any, for the hearing room; and

 

4)         all other costs of the proceeding, except for supplemental proceedings necessitated by an employer's rejection of an arbitration award.

 

(Source:  Amended at 45 Ill. Reg. 1887, effective February 1, 2021)

 

Section 1230.100  The Arbitration Award

 

a)         Within 30 days after the conclusion of the hearing or such further additional periods to which the parties may agree (Section 14(g) of the Act), the panel shall issue, serve on the parties, and file with the Board its award and findings of fact.  The panel shall file a hard copy and a computer disk copy of the award and findings of fact with the Board.  The award shall be considered issued on the date it is served on the parties.  The panel shall file a certificate of service with the Board.

 

b)         The award shall contain findings of fact and a written opinion concerning each issue in dispute.  The determination of the arbitration panel as to the issues in dispute and as to which of these issues are economic shall be conclusive.  (Section 14(g) of the Act)  With respect to each economic issue in dispute, the panel shall adopt the final offer of one of the parties, based on the following factors:  

 

1)         The lawful authority of the employer (Section 14(h)(l) of the Act);

 

2)         Stipulations of the parties (Section 14(h)(2) of the Act);

 

3)         The interests and welfare of the public and the financial ability of the unit of government to meet these costs (Section 14(h)(3) of the Act);

 

4)         Comparison of the wages and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours and conditions of employment of other employees performing similar services and with other employees generally:

 

A)        In public employment in comparable communities;

 

B)        In private employment in comparable communities (Section 14(h)(4) of the Act);

 

5)         The average consumer prices for goods and services, commonly known as the cost of living (Section 14(h)(5) of the Act);

 

6)         The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and all other benefits received (Section 14(h)(6) of the Act);

 

7)         Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings (Section 14(h)(7) of the Act);

 

8)         Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment (Section 14(h)(8) of the Act).

 

c)         With respect to each noneconomic issue in dispute, the panel shall base its award on the applicable factors set forth in subsection (b) of this Part.

 

d)         If peace officer manning issues, or peace officer, firefighter or paramedic equipment issues are in dispute, the panel shall first make its findings and conclusions concerning the presence of a serious risk to employee safety beyond that which is inherent in the normal performance of the employee's duties.  If the panel finds that such a serious risk exists, the panel shall render an award in accordance with this Part.

 

e)         The commencement of a new municipal fiscal year after the initiation of arbitration procedures (Section 14(j) of the Act) shall not render the proceeding moot.  Awards of wage increases may be effective only at the start of the fiscal year beginning after the date of the award; however, if a new fiscal year began after the initiation of arbitration proceedings, an award of wage increases may be retroactive to the beginning of that fiscal year.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.110  Employer Review of the Award

 

a)         All of the terms decided upon by the arbitration panel shall be included in an agreement to be submitted to the public employer's governing body for ratification and adoption by law, ordinance or equivalent appropriate means.  (Section 14(n) of the Act)

 

b)         The governing body shall review each term decided by the arbitration panel.  (Section 14(n) of the Act)

 

c)         The governing body may reject any terms of the award by a three-fifths vote of those duly elected and qualified members of the governing body.  (Section 14(n) of the Act)  The rejection vote must occur within 20 days after service of the award.  The governing body shall provide written reasons for its rejection and shall serve those reasons on the parties and the neutral chairman no later than 20 days after the rejection vote.  The governing body shall file a copy of its reasons and a certificate of service with the Board.  The reasons for rejection shall be considered issued on the date that they are served on the neutral chairman.

 

d)         Any terms not rejected in accordance with this Section shall become a part of the parties' collective bargaining agreement.

 

e)         The neutral chairman shall call together the panel and convene a supplemental interest arbitration hearing within 30 days after issuance of the reasons for rejection.  The supplemental hearing shall be conducted in accordance with Section 1230.90.

 

f)         The parties may mutually agree to select a different neutral chairman for the supplemental hearing, provided they notify the Board and the original neutral chairman within 7 days after service of the reasons for rejection of the award.

 

g)         All reasonable costs of such supplemental proceedings, including the exclusive representative's reasonable attorney's fees, shall be paid by the employer.  (Section 14(o) of the Act)  If the employer refuses to pay any costs or attorney's fees, the exclusive representative may submit the costs and/or fees to the Board's General Counsel for a determination of reasonableness.  The General Counsel shall certify the amount determined to be reasonable and the employer shall promptly pay that amount to the exclusive representative.

 

h)         Any supplemental award rendered by the arbitration panel shall be subject to governing body review in accordance with this Section.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.120  General Purpose of this Subpart

 

This Subpart governs employees with the right to strike, provided that certain conditions are met.  The Act requires that the parties attempt to mutually resolve their bargaining disputes prior to resorting to a strike. To facilitate amicable settlement between the parties, the Board shall provide, in accordance with this subpart, services of mediators, interest arbitrators and fact-finders.  All costs of such services shall be shared equally by the parties.

 

Section 1230.130  Filing of Contracts (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.140  Bargaining Notices for General Public Employee Units

 

The following notice requirements shall apply when the parties are bargaining for a successor contract for a general public employee unit:

 

a)         Pursuant to Section 7 of the Act, any party wishing to terminate or modify an existing collective bargaining agreement shall serve on the other party a written demand for bargaining.  The demand for bargaining shall be served on the other party 60 days prior to the scheduled termination date of the existing agreement.  Service of the demand for bargaining continues in full force and effect, without resort to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such demand notice is given to the other party or until the expiration date of such contract, whichever occurs later.  (Section 7(4) of the Act)  A copy of the demand for bargaining shall be filed with the Board by the party making the demand at the same time it is served on the other party.  The demand for bargaining shall reference the existing contract's number as assigned pursuant to Section 1230.130 of this Part.

 

b)         Upon completing negotiations for either a successor or initial contract, the parties shall file with the Board a copy of the contract pursuant to Section 1230.130(a)(1) of this Part.

 

c)         Any time after the parties have commenced negotiations, either party may request fact-finding or mediation/arbitration services.  Such requests shall be filed in accordance with this Subpart.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.150  Mediation

 

a)         Requests for mediation shall be on a Board-designated form.  Joint requests for mediation must be made in writing.

 

b)         Requests for mediation in negotiations for either successor or initial contracts may be made at any time after the parties have commenced negotiations.

 

c)         Requests for mediation shall generally be made jointly.  Unilateral requests for mediation may be made only after the party requesting mediation has asked the other party to join in the request and the other party has refused.  Unilateral requests for mediation shall be accompanied by a written statement setting forth the circumstances of the other party's refusal to join in the request.  Upon receipt of a unilateral request for mediation, the Board shall investigate the request.  If the Board's investigation discloses that the request was properly filed under this Part, that bargaining has not resulted in an agreement, and that mediation would assist the parties, the Board shall grant the request.  Unilateral requests filed by the exclusive representative in conformance with this Section shall satisfy the precondition for a lawful strike set forth in Section 17(a)(4) of the Act.

 

d)         Whenever the Board grants a request for mediation it shall provide the parties with a panel of at least 3 mediators listed on the Public Employees Mediation/Arbitration Roster.  The parties shall have 7 days from receipt of the list to choose one of the persons on the panel or any other person they choose to serve as mediator.  If at the end of this 7-day period the parties have not notified the Board of their selection, the Board shall appoint a mediator.

 

e)         Mediation shall be conducted as follows:

 

1)         The function of the mediator shall be to communicate with the employer and the exclusive representative or their representatives and to endeavor to bring about an amicable and voluntary settlement.  (Section 12(a) of the Act)

 

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

 

3)         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 considered confidential.  The mediator shall not produce any confidential records of, or testify in regard to, any mediation previously conducted, on behalf of any party to any case pending in any type of proceeding.

 

4)         The mediator shall keep the Board apprised of the status of the negotiations.

 

f)          Compensation of the mediator shall be paid equally by the parties; however, if either party requests the use of mediation services from the federal mediation and conciliation service, the other party shall either join in such request or bear the additional cost of mediation services from another source.  (Section 17(a)(5) of the Act)

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.160  Fact-finding

 

a)         The parties may agree in writing to the use of fact-finding in resolving their disputes.

 

b)         Requests for fact-finding shall be filed on a Board-designated form and shall be accompanied by a copy of the parties' agreement to use fact-finding.

 

c)         Upon receipt of the request for fact-finding, the Board shall supply the parties with a list of 7 fact-finders listed on the Public Employees Mediation/Arbitration Roster.  The parties shall select one individual from the list to serve as fact-finder within 10 days of service of the list.  If the parties advise the Board that they are unable to select one of the 7 individuals on the list, the Board shall provide a second list.  Except in extraordinary circumstances, the Board shall not provide more than 2 lists.  The parties shall notify the Board of the name of the individual they select to serve as fact-finder.  Upon being so notified, the Board shall appoint the fact-finder.

 

d)         If fact-finding follows mediation, the parties may agree to use the mediator as fact-finder, provided that the mediator is not a Board employee.

 

e)         The fact-finding hearing shall be conducted as follows:

 

1)         The person appointed as fact-finder shall immediately establish the dates and place of hearing.

 

2)         Upon request, the Board shall issue subpoenas for hearings conducted by the fact-finder.

 

3)         The fact-finder may administer oaths. (Section 13(b) of the Act

 

f)         The fact-finder shall issue a report and findings as follows:

 

1)         The fact-finder shall serve these findings and report on the parties and the Board within 45 days after the fact finder's appointment, unless the parties mutually agree to extend the time period.

 

2)         Within 5 days after service of the findings and report, the fact-finder shall mail the findings and report to all newspapers of general circulation in the community as mutually designated by the parties, unless the parties mutually request otherwise.

 

g)           The costs of the fact-finding proceeding shall be shared equally by the parties.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.170  Voluntary Interest Arbitration

 

a)         The parties may voluntarily agree in writing to use interest arbitration.

 

b)         The parties may request a list of interest arbitrators from the Board by completing a Board-designated form and a copy of their agreement to use interest arbitration.  Upon receipt of the request, the Board shall provide the parties a list of up to 7 interest arbitrators from the Public Employees Mediation/Arbitration Roster.  If the parties are unable to select an arbitrator from the list provided by the Board, upon request, the Board shall provide a second list of interest arbitrators to the parties. Except under extraordinary circumstances, the Board shall provide no more than 2 lists.

 

c)         The neutral interest arbitrator selected by the parties shall conduct the voluntary interest arbitration in accordance with the agreement of the parties.  The interest arbitrator or interest arbitration panel shall use the factors set forth in Section 1230.100(b) of this Part as guidelines in rendering the award.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.180  Strikes

 

Employees in general public employee units have the right to strike, provided that the following conditions have been met:  

 

a)         The employees are represented by an exclusive bargaining representative (Section 17(a)(1) of the Act) that has been certified by the Board or that has a valid claim to status as an historical bargaining representative pursuant to Section 3(f) of the Act.

 

b)         The collective bargaining agreement between the public employer and the public employees, if any, has expired, or such agreement does not prohibit the strike.  (Section 17(a)(2) of the Act)  Pursuant to Section 8 of the Act, a collective bargaining agreement must contain provisions prohibiting strikes for the agreement's duration and providing for a grievance procedure culminating in final and binding arbitration of disputes over the interpretation of the agreement unless the parties agree to forgo these provisions.

 

c)         The public employer and the labor organization have not mutually agreed to submit the disputed issues to final and binding arbitration.  (Section 17(a)(3) of the Act)

 

d)         The exclusive representative has requested a mediator pursuant to Section 12 of the Act and Section 1230.150 of this Part and mediation has been used.  (Section 17(a)(4) of the Act)

 

e)         At least 5 days have elapsed after a notice of intent to strike has been given by the exclusive representative to the public employer.  (Section 17(a)(5) of the Act)  A copy of the notice shall be filed with the Board and shall reference the contract number in cases of negotiations for successor contracts or the certification case number in cases of negotiations for initial contracts.  The 5 day time period shall be calculated in accordance with 80 Ill. Adm. Code 1200.30(a) and (b).

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.190  Petitions for Strike Investigations

 

a)         If a strike, which may constitute a clear and present danger to the health and safety of the public is about to occur or is in progress, the public employer concerned may file with the Board a petition for a strike investigation (Section 18(a) of the Act).

 

b)         A petition for a strike investigation shall be on a Board-designated form and shall contain:

 

1)         the name, address and telephone number of the petitioner;

 

2)         the name, address, telephone number and affiliation, if any, of the labor organization that is threatening or conducting the strike;

 

3)         the name, address and telephone number of the parties' representatives;

 

4)         the date that the strike began or is threatened to begin;

 

5)         a detailed description of the danger posed by the strike to the public health and safety.

 

c)         Petitioner shall attach to its petition copies of all relevant evidence, including affidavits, of the existence of a strike or the threat of a strike, and of the existence of a clear and present danger to the health and safety of the public.  (Section 18 of the Act)

 

d)         The employer shall serve a copy of the petition on the labor organization prior to or simultaneously with its filing with the Board. Service shall be in person or by overnight delivery.

 

e)         The Board shall investigate the petition.  If there are disputed issues of material fact, the Board shall hold an expedited hearing.  The Board shall issue its findings within 72 hours following the filing of the petition.

 

f)         If the Board finds that there is no strike or threat of a strike, or that there is no clear and present danger to the health and safety of the public (Section 18 of the Act), or that the employer is otherwise not entitled to relief pursuant to Section 18 of the Act, the Board shall serve its findings on the parties.  The employer may refile its petition for a strike investigation only if it alleges that circumstances have changed since the filing of the Board's findings.

 

g)         If the Board finds that there is a strike or a threat of a strike that poses a clear and present danger to the health and safety of the public (Section 18 of the Act), and the Board finds that the employer is otherwise entitled to relief pursuant to Section 18 of the Act, the Board shall serve its findings on the parties.

 

h)         Whenever a court enjoins a strike and orders interest arbitration in accordance with Section 14 of the Act, Section 1230.80 through 1230.110 of this Part shall govern the arbitration.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.200  Grievance Arbitration

 

a)         Unless mutually agreed otherwise, every collective bargaining agreement between an employer and a labor organization that covers employment subject to the Act shall contain a grievance procedure that has as its last step final and binding grievance arbitration.  The parties may use the Illinois Public Employees Mediation/Arbitration Roster or any other source for selection of grievance arbitrators.

 

b)         Whenever either party requests, unless the collective bargaining agreement provides for an alternative source, the Board shall provide a panel of up to 7 grievance arbitrators selected from the Illinois Public Employees Mediation/Arbitration Roster.  Requests shall be submitted on a Board-designated form.  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 2 panels.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)

 

Section 1230.210  Grievance Mediation

 

If the parties desire an individual from the Public Employees Mediation/Arbitration Roster to mediate one or more grievances, requests shall be made and processed in the same manner as requests for grievance arbitrators.

 

Section 1230.220  Mediation/Arbitration Roster

 

a)         The Board shall establish an Illinois Public Employees Mediation/Arbitration Roster and shall make its services available for mediation, fact-finding, interest arbitration, grievance arbitration, and grievance mediation.  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 based upon a majority vote of the members of 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 recognized mediation or arbitration panels, education, prior published awards, current advocacy in employment relations matters, letters of recommendation supporting the application, and any other relevant material supplied by the applicant or requested by the Board.  Individuals appointed to the Roster shall be residents of the State of Illinois.  The members of the Public Employees Mediation/Arbitration Roster are persons who are on the labor arbitration panels of either the American Arbitration Association or the Federal Mediation and Conciliation Service or who are members of the National Academy of Arbitrators.

 

d)         Individuals 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 an individual has filed with the Board.  A minimum of 30 days notice shall be given to the Board for changes in fee schedules.

 

e)         Requests for panels from the Roster shall be submitted on a form developed by the Board and shall include:  

 

1)         The name, address, telephone number and affiliation, if any, of the parties submitting the request;

 

2)         The name, address and telephone number of the parties' representatives;

 

3)         The type of service requested; and

 

4)         A brief description of the nature of the dispute, including unresolved issues, to the extent known.

 

f)         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.

 

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

 

h)         Individuals listed on the Roster shall abide by the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes, as amended, effective May 29, 1985, and adopted by the National Academy of Arbitrators and the American Arbitration Association, and shall take the constitutional affirmation of office.  This incorporation by reference does not contain any further amendments.

 

(Source:  Amended at 27 Ill. Reg. 7456, effective May 1, 2003)