Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart B - IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS › Section 1230.90 - Conduct of the Interest Arbitration Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
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.