Current through Register Vol. 48, No. 38, September 20, 2024
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.
