(820 ILCS 35/0.01) (from Ch. 10,
par. 18.9)
Sec. 0.01. Short title. This Act
may be cited as the Employee Arbitration Act.
(Source: P.A. 86-1324.)
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(820 ILCS 35/2) (from Ch. 10,
par. 20)
Sec. 2. When any controversy or
difference not involving questions which may be the subject
of a civil action, exists between an employer, whether
an individual, copartnership or corporation, employing not less than 25
persons, and his employes in
this State, the Department of Labor shall upon application
as herein provided, and as soon as practicable thereafter,
visit the locality of the dispute and make a careful inquiry
into the cause thereof, hear all persons interested therein
who may come before it, advise the respective parties what,
if anything ought to be done or submitted to by both to
adjust the dispute, and make a written decision thereof.
This decision shall at once be made public, shall be recorded
upon proper books of record kept by the Department of Labor,
and a short statement thereof published in the annual report
hereinafter provided for, and the Department shall cause
a copy thereof to be filed with the clerk of the city,
town or village where said business is carried on.
(Source: P. A. 76-1403.)
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(820 ILCS 35/3) (from Ch. 10,
par. 21)
Sec. 3. The application shall be
signed by the employer or by a majority of his or her employes in
the department of the business in which the controversy
or difference exists, or by both parties, and shall contain
a concise statement of the grievances complained of, and
a promise to continue on in business or at work without
any lockout or strike until the decision of said Department,
if it shall be made within 3 weeks of the date of filing
said application. As soon as may be after the receipt of
the application the Department shall cause public notice
to be given of the time and place of the hearing thereon;
but public notice need not be given when both parties to
the controversy join in the application and present therewith
a written request that no public notice be given. When
such request is made, notice shall be given to the parties
interested in such manner as the Department may order,
and the Department may, at any stage of the proceedings,
cause public notice to be given, notwithstanding such request.
The Department may in all cases summon as witnesses any
operative or expert in the department of business affected,
and any person who keeps the records of wages earned in
those departments, or any other person, and examine them
under oath, and require the production of books containing
the records of wages paid, and such other books and papers
as may be deemed necessary to a full and fair investigation
of the matter in controversy. The Department may issue
subpoenas, and oath may be administered by the Director
of the Department or by any authorized officer or employee
thereof. If any person, having been served with a subpoena
or other process issued by the Department, shall willfully
fail or refuse to obey the same, or to answer such questions
as may be propounded touching the subject-matter
of the inquiry or investigation, the circuit court of the
county in which the hearing is being conducted, upon application
by the Department, duly attested by the Director thereof,
shall issue an attachment for such witness and compel him
to appear before the Department and give his or her testimony,
or to produce such books and papers as may be lawfully
required by the Department; and the court may punish for
contempt, as in other cases of refusal to obey the process
and order of such court.
(Source: P.A. 83-334.)
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(820 ILCS 35/4) (from Ch. 10,
par. 22)
Sec. 4. Upon receipt of the application,
and after such notice, the Department shall proceed as
before provided. The decision, in the discretion of the
Director of Labor, may be published in the annual report
to be made to the Governor on or before the first day of
December of each year, as required by Section 5-650
of the Departments of State Government Law (20 ILCS 5/5-650).
(Source: P.A. 91-239, eff.
1-1-00.)
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(820 ILCS 35/5) (from Ch. 10,
par. 23)
Sec. 5. Said decision shall be
binding upon the parties who join in said application for
six months or until either party has given the other notice
in writing of his or their intention not to be bound by
the same at the expiration of sixty days therefrom. Said notice may be given to said employes by posting in three conspicuous places in the
shop or factory where they work.
(Source: Laws 1895, p. 5.)
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(820 ILCS 35/5a) (from Ch. 10,
par. 24)
Sec. 5a. In the event of a failure
to abide by the decisions of the Department of Labor in
any case in which both employer and employes shall
have joined in the application, any person or persons aggrieved
thereby may file with the clerk of the circuit court of
the county in which the offending party resides, or in
the case of an employer in the county in which the place
of employment is located, a duly authenticated copy of
such decision, accompanied by a verified petition reciting
the fact that such decision has not been complied with
and stating by whom and in what respects it has been disregarded.
Thereupon the circuit court shall grant a rule against
the party or parties so charged to show cause within 10
days why such decision has not been complied with, which
shall be served by the sheriff as other process. Upon return
made to the rule, the court shall hear and determine the
questions presented, and to secure a compliance with such decision, may
punish the offending party or parties for contempt, but
such punishment shall in no case extend to imprisonment.
(Source: P.A. 83-334.)
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(820 ILCS 35/5b) (from Ch. 10,
par. 25)
Sec. 5b. Whenever two or more employers
engaged in the same general line of business, employing
in the aggregate not less than twenty-five persons,
and having a common difference with their employes,
shall, co-operating together, make application for
arbitration, or whenever such application shall be made
by the employes of two or more
employers engaged in the same general line of business,
such employes being not less than twenty-five in number,
and having a common difference with their employers, or
whenever the application shall be made jointly by the employers
and employes in such case, the
Department of Labor shall have the same powers and proceed
in the same manner as if the application had been made
by one employer, or by the employes of
one employer, or by both.
(Source: Laws 1943, vol. 1, p. 207.)
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(820 ILCS 35/6) (from Ch. 10,
par. 26)
Sec. 6. Whenever it shall come
to the knowledge of the Department of Labor that a strike
or lockout is seriously threatened in the State involving
an employer and his employes, if he is employing not less than twenty-five
persons, the Department shall communicate as soon as may
be with such employer or employes,
and endeavor by mediation to effect an amicable settlement,
or persuade them to submit the matters in dispute to the
Department.
(Source: Laws 1943, vol. 1, p. 207.)
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(820 ILCS 35/6a) (from Ch. 10,
par. 27)
Sec. 6a. The Mayor of every City,
and the President of every incorporated town or village,
whenever a strike or lockout involving more than twenty-five employes shall
be threatened or has actually occurred within or near such
City, incorporated town or village shall immediately communicate
the fact to the Department of Labor, stating the name or
names of the employer or employers and of one or more employes,
with their post-office addresses, the nature of the
controversy or difference existing, the number of employes involved
and such other information as may be required by the Department.
The president or chief executive officer of every labor
organization, in case of a strike or lockout, actual or
threatened, involving the members of the organization of
which he is an officer, shall immediately communicate the
fact of such strike or lockout to the Department, with
such information as he may possess, touching the difference
or controversy, and the number of employes involved.
(Source: Laws 1943, vol. 1, p. 207.)
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(820 ILCS 35/6b) (from Ch. 10,
par. 28)
Sec. 6b. Whenever there shall exist
a strike or a lockout, wherein, in the judgment of the
Department of Labor, the general public shall appear likely
to suffer injury or inconvenience with respect to food,
fuel or light, or the means of communication or transportation,
or in any other respect, and neither party to such strike
or lockout consents to the submission of the controversy
to the Department, the Department, after first having made
due effort to effect a settlement thereof by conciliatory
means, and such effort having failed, may proceed of its
own motion to make an investigation of all facts bearing
upon such strike or lockout and make public its findings,
with such recommendations to the parties involved as in
its judgment will contribute to a fair and equitable settlement
of the differences. In the prosecution of such inquiry
the Department may issue subpoenas and compel the attendance
and testimony of witnesses as in other cases.
(Source: Laws 1943, vol. 1, p. 207.)
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(820 ILCS 35/8) (from Ch. 10,
par. 30)
Sec. 8. Any notice or process issued
by the Department of Labor shall be served by any sheriff
or coroner to whom it is directed or in whose hands it
is placed for service.
(Source: Laws 1967, p. 3673.)
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