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COOK COUNTY ASSISTANT PUBLIC DEFENDER COLLECTIVE BARGAINING ORDINANCE

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Summary
Suffredin's Commentary
Activity Log
Full Text of Legislation
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Date Introduced: 9/19/2006
Date Passed:
10/17/2006

Sponsors:
Suffredin
Co-Sponsors:
Collins, Maldonado, Murphy

Summary:

Ordinance to establish the right of Assistant Public Defenders to enter into collective bargaining agreements with the County. Establishes management rights and grievance procedures.


Activity Log:

9/19/2006
Referred to Labor Subcommittee.
10/11/2006
Approved by Committee on Finance Labor Subcommittee.

Full Text of Legislation:

Submitting a Proposed Ordinance sponsored by

LARRY SUFFREDIN, County Commissioner

Co-Sponsored by

EARLEAN COLLINS, ROBERTO MALDONADO, JOAN PATRICIA MURPHY

and DEBORAH SIMS, County Commissioners

PROPOSED ORDINANCE

COOK COUNTY ASSISTANT PUBLIC DEFENDER

COLLECTIVE BARGAINING ORDINANCE

The County of Cook, Illinois is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Illinois Constitution, and pursuant to the authority therein granted, may exercise any power and perform any function pertaining to its government and affairs.

BE IT ORDAINED BY THE COOK COUNTY BOARD OF COMMISSIONERS:

ARTICLE I

Section 1. Short Title: This article shall be known as the Cook County Assistant Public Defender Collective Bargaining Ordinance.

Section 2. Purpose: To preserve and continue in effect the collective bargaining rights of Assistant Public Defenders and to ensure that Assistant Public Defenders have the same rights as other Cook County employees who are subject to collective bargaining.

Section 3. Right to Collective Bargaining: Cook County through a resolution adopted on May 24, 1984 determined that Assistant Public Defenders are entitled to the right to collective bargaining. Cook County Assistant Public Defenders have collectively bargained agreements on a regular basis since 1985, and those agreements have been approved by the Cook County Board of Commissioners. The most recent agreement was reached in June of 2006, and the economic terms were approved by the Cook County Board of Commissioners on July 12, 2006. Cook County shall preserve and continue in effect the right of Cook County Assistant Public Defenders to engage in collective bargaining. Assistant Public Defenders shall continue to have the same collective bargaining rights as are enjoyed by other Cook County employees who are subject to collective bargaining. Assistant Public Defenders shall continue to have the right to bargain collectively through their representative on questions of wages, hours and other conditions of employment and the right to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection, free from interference, restraint or coercion.

Section 4: Management Rights: The County shall not be required to bargain with the representative of Assistant Public Defenders over matters of inherent managerial policy, which shall include such areas of discretion or policy as the functions of the County, standards of services, its overall budget, the organizational structure and selection of new employees, examination techniques and direction of employees. The County, however, shall be required to bargain collectively with regard to policy matters directly affecting wages, hours and terms and conditions of employment as well as the impact thereon upon request by the representative of the Assistant Public Defenders.

Section 5: Collective Bargaining Defined: For the purposes of this Article, "to bargain collectively" means the performance of the mutual obligation of the County or its designated representative and the representative of the Assistant Public Defenders to meet at reasonable times, including meetings in advance of the budget making process, and to negotiate in good faith with respect to wages, hours, and other conditions of employment, not excluded by Section 4 of this Article, or the negotiation of an agreement, or any question arising thereunder and the execution of a written contract incorporating any agreement reached if requested by either the County or the representative of the Assistant Public Defenders, but such obligation does not compel either the County or the representative of the Assistant Public Defenders to agree to a proposal or require the making of a concession. "To bargain collectively" shall also include negotiations as to the terms of a collective bargaining agreement.

Collective bargaining agreements between Cook County and the organization representing Assistant Public Defenders may include a provision requiring Assistant Public Defenders covered by the agreement who are not members of the organization to pay their proportionate share of the costs of the collective bargaining process, contract administration and pursuing matters affecting wages, hours and conditions of employment, not to exceed the amount of dues uniformly required of members. The organization shall certify to the County the amount constituting each nonmember Assistant Public Defenderís proportionate share which shall not exceed dues uniformly required of members. In such case, the proportionate share payment shall be deducted by the County from the earnings of the nonmember Assistant Public Defender and paid to the organization representing the Assistant Public Defenders.

Section 6: Grievance Procedure: The collective bargaining agreement negotiated between the County and the representative of Assistant Public Defenders shall contain a grievance resolution procedure which shall provide for final and binding arbitration of disputes concerning the administration or interpretation of the agreement unless mutually agreed otherwise. Any agreement containing a final and binding arbitration provision shall also contain a provision prohibiting strikes for the duration of the agreement. The grievance and arbitration provisions of any collective bargaining agreement shall be subject to the Illinois "Uniform Arbitration Act". The costs of such arbitration shall be borne equally by the County and the representative of the Assistant Public Defenders.

Section 7: Employee Rights: Neither the County nor its agents shall: (1) interfere with, restrain or coerce Assistant Public Defenders in the exercise of the rights guaranteed in this Article; (2) discriminate in regard to hire or tenure of employment or any term or condition of employment in order to discourage membership in or other support for the representative of the Assistant Public Defenders; (3) refuse to bargain collectively in good faith with the representative of the Assistant Public Defenders including, but not limited to, the discussing of grievances with such representative; or (4) refuse to reduce a collective bargaining agreement to writing or refuse to sign such agreement.

ARTICLE II

Section 1. Effective Date: This Ordinance shall take effect immediately upon adoption.


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