Illinois Compiled Statutes
Chapter 820 - EMPLOYMENT
820 ILCS 35/ - Employee Arbitration Act.

(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.)
 
(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.)
 
(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.)
 
(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.)
 
(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.)
 
(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.)
 
(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.)
 
(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.)
 
(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.)
 
(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.)
 
(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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