Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1230 - IMPASSE RESOLUTION › Subpart B - IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS › Section 1230.80 - Composition of the Arbitration Panel

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