Collective Bargaining: A PRIMER FOR NEGOTIATIONS

Transcript:Collective Bargaining: A PRIMER FOR NEGOTIATIONS:
Collective Bargaining: A PRIMER FOR NEGOTIATIONS Thomas M. Melody Klein, Thorpe & Jenkins, Ltd. Jason A. Guisinger 20 N. Wacker Drive, Suite1660, Chicago IL, 60606 Erin K. Lavery 312-984-6400 INTRODUCTION Illinois Public Labor Relations Act Unfair Labor Practices Collective Bargaining Arbitrations Practical Considerations during Negotiations UNDERSTANDING THE LAW SOURCE OF LAW Illinois Statutes Illinois Public Labor Relations Act 5 ILCS 315/1 et seq. Agency Rules and Decisions Illinois Labor Relations Rules and Regulations Decisions of the Illinois Labor Relations Board (ILRB) Court Decisions IL PUBLIC LABOR RELATIONS ACT Purpose: The purpose of the IPLRA is, “to prescribe the legitimate rights of both public employees and public employers, to protect the public health and safety of the citizens of Illinois, and to provide peaceful and orderly procedures for protection of the rights of all.” Who is covered? The Act applies only to public employers, public employees, and the labor organizations which represent those public employees. Public employers include any unit of local government Public employees are individuals employed by a public employer Essential services employees are those public employees performing functions so essential that the interruption or termination of the function will constitute a clear and present danger to the health and safety of the persons affected in the affected community Police officers, firefighters & paramedics Managerial Employees The Act does not cover “managerial employees” Managerial employee means an individual who is engaged predominantly in executive and management functions and is charged with the responsibility of directing the effectuation of management policies and practices. 5 ILCS 315/3(j) Supervisors in Police Bargaining Units Sec. 3(r): “Supervisor” is an employee whose principal work is substantially different than that of his or her subordinates and who has the authority, in the interest of the employer, to hire, transfer, suspend, lay off, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment. In determining supervisory status in police employment, rank shall not be determinative. The Board shall consider, as evidence of bargaining unit inclusion or exclusion, the common law enforcement policies and relationships between police officer ranks and certification under applicable civil service law, ordinances, personnel codes, or Division 2.1 of Article 10 of the Illinois Municipal Code, but these factors shall not