Ill. Admin. Code tit. 80 § 1230.100

Current through Register Vol. 48, No. 44, November 1, 2024

Section 1230.100 - The Arbitration Award

a) Within 30 days after the conclusion of the hearing or such further additional periods to which the parties may agree (Section 14(g) of the Act), the panel shall issue, serve on the parties, and file with the Board its award and findings of fact. The panel shall file a hard copy and a computer disk copy of the award and findings of fact with the Board. The award shall be considered issued on the date it is served on the parties. The panel shall file a certificate of service with the Board.

b) The award shall contain findings of fact and a written opinion concerning each issue in dispute. The determination of the arbitration panel as to the issues in dispute and as to which of these issues are economic shall be conclusive. (Section 14(g) of the Act) With respect to each economic issue in dispute, the panel shall adopt the final offer of one of the parties, based on the following factors:

1) The lawful authority of the employer (Section 14(h)(l) of the Act);

2) Stipulations of the parties (Section 14(h)(2) of the Act);

3) The interests and welfare of the public and the financial ability of the unit of government to meet these costs (Section 14(h)(3) of the Act);

4) Comparison of the wages and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours and conditions of employment of other employees performing similar services and with other employees generally:

A) In public employment in comparable communities;

B) In private employment in comparable communities (Section 14(h)(4) of the Act);

5) The average consumer prices for goods and services, commonly known as the cost of living (Section 14(h)(5) of the Act);

6) The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and all other benefits received(Section 14(h)(6) of the Act);

7) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings (Section 14(h)(7) of the Act);

8) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment (Section 14(h)(8) of the Act).

c) With respect to each noneconomic issue in dispute, the panel shall base its award on the applicable factors set forth in subsection (b) of this Part.

d) If peace officer manning issues, or peace officer, firefighter or paramedic equipment issues are in dispute, the panel shall first make its findings and conclusions concerning the presence of a serious risk to employee safety beyond that which is inherent in the normal performance of the employee's duties. If the panel finds that such a serious risk exists, the panel shall render an award in accordance with this Part.

e) The commencement of a new municipal fiscal year after the initiation of arbitration procedures (Section 14(j) of the Act) shall not render the proceeding moot. Awards of wage increases may be effective only at the start of the fiscal year beginning after the date of the award; however, if a new fiscal year began after the initiation of arbitration proceedings, an award of wage increases may be retroactive to the beginning of that fiscal year.

Ill. Admin. Code tit. 80, § 1230.100

Amended at 27 Ill. Reg. 7456, effective May 1, 2003