Ill. Admin. Code tit. 80 § 1230.80

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

Section 1230.80 - Composition of the Arbitration Panel

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.

Ill. Admin. Code tit. 80, § 1230.80

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