SB2139 93RD GENERAL ASSEMBLY

LRB093 14810 NHT 40370 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2139

Introduced 1/6/2004, by Adeline Jay Geo-Karis

SYNOPSIS AS INTRODUCED:

115 ILCS 5/13	from Ch. 48, par. 1713
30 ILCS 805/8.28 new

Amends the Illinois Educational Labor Relations Act. With regard to school districts, provides that an educational employee may not engage in a strike and an educational employer may not institute a lockout if that action would cause an interruption of ongoing essential educational services. Provides that the exclusive bargaining representative and employer shall, instead, submit unresolved issues concerning the terms of a new collective bargaining agreement to final and binding impartial arbitration. Also provides that it is unlawful for a person to instigate or induce or conspire with or encourage a person to engage in a strike, lockout, slowdown, or work stoppage if that action would cause an interruption of ongoing essential educational services. Provides that these provisions do not prohibit a strike or lockout that began before the start of the school year. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT regarding educational labor relations.

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

Section 5. The Illinois Educational Labor Relations Act is amended by changing Section 13 as follows:

(115 ILCS 5/13) (from Ch. 48, par. 1713)

Sec. 13. Strikes and lockouts.

(a) Notwithstanding the existence of any other provision in this Act or other law, educational employees employed in school districts organized under Article 34 of the School Code shall not engage in a strike at any time during the 18 month period that commences on the effective date of this amendatory Act of 1995. An educational employee employed in a school district organized under Article 34 of the School Code who participates in a strike in violation of this Section is subject to discipline by the employer. In addition, no educational employer organized under Article 34 of the School Code may pay or cause to be paid to an educational employee who participates in a strike in violation of this subsection any wages or other compensation for any period during which an educational employee participates in the strike, except for wages or compensation earned before participation in the strike. Notwithstanding the existence of any other provision in this Act or other law, during the 18-month period that strikes are prohibited under this subsection nothing in this subsection shall be construed to require an educational employer to submit to a binding dispute resolution process.

(b) Notwithstanding the existence of any other provision in this Act or any other law, educational employees other than those employed in a school district organized under Article 34 of the School Code and, after the expiration of the 18 month period that commences on the effective date of this amendatory Act of 1995, educational employees in a school district organized under Article 34 of the School Code shall not engage in a strike except under the following conditions:

(1) they are represented by an exclusive bargaining representative;

(2) mediation has been used without success;

(3) 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 and the Illinois Educational Labor Relations Board;

(4) the collective bargaining agreement between the educational employer and educational employees, if any, has expired; and

(5) the employer and the exclusive bargaining representative have not mutually submitted the unresolved issues to arbitration.

If, however, in the opinion of an employer the strike is or has become a clear and present danger to the health or safety of the public, the employer may initiate in the circuit court of the county in which such danger exists an action for relief which may include, but is not limited to, injunction. The court may grant appropriate relief upon the finding that such clear and present danger exists. An unfair practice or other evidence of lack of clean hands by the educational employer is a defense to such action. Except as provided for in this paragraph, the jurisdiction of the court under this Section is limited by the Labor Dispute Act.

(c) Notwithstanding the existence of any other provision in this Act or any other law, with regard to school districts, an educational employee may not engage in a strike and an educational employer may not institute a lockout if that action would cause an interruption of ongoing essential educational services. The exclusive representative and employer shall, instead, submit unresolved issues concerning the terms of a new collective bargaining agreement to final and binding impartial arbitration in accordance with rules adopted by the Board. It is unlawful for a person to instigate or induce or conspire with or encourage a person to engage in a strike, lockout, slowdown, or work stoppage if that action would cause an interruption of ongoing essential educational services. Nothing in this subsection (c) prohibits a strike or lockout that began before the start of the school year.

(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)

Section 90. The State Mandates Act is amended by adding Section 8.28 as follows:

(30 ILCS 805/8.28 new)

Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 93rd General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.