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