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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4571
Introduced 01/11/06, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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5 ILCS 315/10 |
from Ch. 48, par. 1610 |
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Amends the Illinois Public Labor Relations Act. Requires that outside legal counsel hired by a public employer with respect to unfair labor practices must submit to the employer monthly itemized bills showing, to quarter hour billed, the nature of the work performed and time spent on that work. Effective immediately.
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A BILL FOR
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HB4571 |
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LRB094 16671 JAM 51939 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is |
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| amended by changing Section 10 as follows:
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| (5 ILCS 315/10) (from Ch. 48, par. 1610)
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| Sec. 10. Unfair labor practices.
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| (a) It shall be an unfair labor practice
for an employer or |
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| its agents:
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| (1) to interfere with, restrain or coerce public |
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| employees in the
exercise of the rights guaranteed in this |
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| Act or to dominate or interfere
with the formation, |
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| existence or administration of any labor organization
or |
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| contribute financial or other support to it; provided, an |
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| employer shall
not be prohibited from permitting employees |
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| to confer with him during
working hours without loss of |
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| time or pay;
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| (2) to discriminate in regard to hire or tenure of |
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| employment or any term
or condition of employment in order |
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| to encourage or discourage membership
in or other support |
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| for any labor organization. Nothing in this Act or any
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| other law precludes a public employer from making an |
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| agreement with a labor
organization to require as a |
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| condition of employment the payment of a fair
share under |
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| paragraph (e) of Section 6;
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| (3) to discharge or otherwise discriminate against a |
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| public employee because
he has signed or filed an |
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| affidavit, petition or charge or provided any
information |
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| or testimony under this Act;
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| (4) to refuse to bargain collectively in good faith |
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| with a labor
organization which is the exclusive |
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| representative of public employees in
an appropriate unit, |
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HB4571 |
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LRB094 16671 JAM 51939 b |
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| including, but not limited to, the discussing of
grievances |
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| with the exclusive representative;
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| (5) to violate any of the rules and regulations |
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| established by the Board
with jurisdiction over them |
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| relating to the conduct of representation elections
or the |
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| conduct affecting the representation elections;
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| (6) to expend or cause the expenditure of public funds |
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| to any external
agent, individual, firm, agency, |
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| partnership or association in any attempt
to influence the |
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| outcome of representational elections held pursuant to
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| Section 9 of this Act; provided, that nothing in this |
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| subsection shall be
construed to limit an employer's right |
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| to internally communicate with its
employees as provided in |
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| subsection (c) of this Section, to be represented
on any |
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| matter pertaining to unit determinations, unfair labor |
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| practice
charges or pre-election conferences in any formal |
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| or informal proceeding
before the Board, or to seek or |
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| obtain advice from legal counsel ; but also provided that |
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| any outside legal counsel hired by the employer shall |
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| submit monthly itemized bills to the employer, per quarter |
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| hour billed, stating the specific nature of the work |
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| performed in regards to this paragraph (6) and the amount |
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| of time spent on that work .
Nothing in this paragraph shall |
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| be construed to prohibit an employer from
expending or |
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| causing the expenditure of public funds on, or seeking or
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| obtaining services or advice from, any organization, |
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| group, or association
established by and including public |
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| or educational employers, whether
covered by this Act, the |
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| Illinois Educational Labor Relations Act or the
public |
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| employment labor relations law of any other state or the |
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| federal
government, provided that such services or advice |
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| are generally available
to the membership of the |
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| organization, group or association, and are not
offered |
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| solely in an attempt to influence the outcome of a |
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| particular
representational election; or
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| (7) to refuse to reduce a collective bargaining |
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HB4571 |
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LRB094 16671 JAM 51939 b |
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| agreement to writing
or to refuse to sign such agreement.
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| (b) It shall be an unfair labor practice for a labor |
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| organization or its agents:
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| (1) to restrain or coerce public employees in the |
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| exercise of the rights
guaranteed in this Act, provided, |
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| (i) that this paragraph shall
not impair the right of a |
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| labor organization to prescribe its own rules
with respect |
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| to the acquisition or retention of membership therein or |
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| the
determination of fair share payments and (ii) that a |
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| labor organization
or its agents shall commit an unfair |
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| labor practice under this paragraph in
duty of fair |
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| representation cases only by intentional misconduct in
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| representing employees under this Act;
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| (2) to restrain or coerce a public employer in the |
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| selection of his
representatives for the purposes of |
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| collective bargaining or the settlement
of grievances; or
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| (3) to cause, or attempt to cause, an employer to |
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| discriminate against
an employee in violation of |
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| subsection (a)(2);
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| (4) to refuse to bargain collectively in good faith |
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| with a public employer,
if it has been designated in |
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| accordance with the provisions of this Act
as the exclusive |
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| representative of public employees in an appropriate unit;
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| (5) to violate any of the rules and regulations |
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| established by the
boards with jurisdiction over them |
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| relating to the conduct of
representation elections or the |
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| conduct affecting the representation elections;
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| (6) to discriminate against any employee because he has |
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| signed or filed
an affidavit, petition or charge or |
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| provided any information or testimony
under this Act;
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| (7) to picket or cause to be picketed, or threaten to |
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| picket or cause
to be picketed, any public employer where |
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| an object thereof is forcing or
requiring an employer to |
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| recognize or bargain with a labor organization
of the |
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| representative of its employees, or forcing or requiring |
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| the employees
of an employer to accept or select such labor |
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HB4571 |
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LRB094 16671 JAM 51939 b |
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| organization as their collective
bargaining |
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| representative, unless such labor organization is |
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| currently
certified as the representative of such |
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| employees:
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| (A) where the employer has lawfully recognized in |
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| accordance with this
Act any labor organization and a |
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| question concerning representation may
not |
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| appropriately be raised under Section 9 of this Act;
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| (B) where within the preceding 12 months a valid |
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| election under Section
9 of this Act has been |
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| conducted; or
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| (C) where such picketing has been conducted |
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| without a petition under Section
9 being filed within a |
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| reasonable period of time not to exceed 30 days from
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| the commencement of such picketing; provided that when |
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| such a petition has
been filed the Board shall |
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| forthwith, without regard to the provisions of
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| subsection (a) of Section 9 or the absence of a showing |
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| of a substantial
interest on the part of the labor |
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| organization, direct an election in such
unit as the |
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| Board finds to be appropriate and shall certify the |
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| results
thereof; provided further, that nothing in |
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| this subparagraph shall be construed
to prohibit any |
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| picketing or other publicity for the purpose of |
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| truthfully
advising the public that an employer does |
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| not employ members of, or have a
contract with, a labor |
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| organization unless an effect of such picketing is
to |
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| induce any individual employed by any other person in |
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| the course of his
employment, not to pick up, deliver, |
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| or transport any goods or not to
perform any services; |
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| or
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| (8) to refuse to reduce a collective bargaining |
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| agreement to writing
or to refuse to sign such agreement.
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| (c) The expressing of any views, argument, or opinion or |
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dissemination thereof, whether in written, printed, |
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| graphic, or visual
form, shall not constitute or be evidence of |