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| Public Act 094-0210 |
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AN ACT concerning education.
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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 Educational Labor Relations Act is | ||||
amended by changing Section 11 as follows:
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(115 ILCS 5/11) (from Ch. 48, par. 1711)
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Sec. 11. Non-member fair share payments. When a collective
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bargaining agreement is entered into with an exclusive | ||||
representative, it
may include a provision requiring employees | ||||
covered by
the agreement who are not members of the | ||||
organization to pay
to the organization a fair share fee for | ||||
services rendered. The exclusive
representative shall certify | ||||
to the employer an amount not to exceed the
dues uniformly | ||||
required of members which shall constitute each non member
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employee's fair share fee. The fair share fee payment shall be | ||||
deducted
by the employer from the earnings of the non member | ||||
employees and paid to
the exclusive representative.
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The amount certified by the exclusive representative shall | ||||
not include
any fees for contributions related to the election | ||||
or support of any candidate
for political office. Nothing in | ||||
this Section shall preclude the non member
employee from making | ||||
voluntary political contributions in conjunction with
his or | ||||
her fair share payment.
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If a collective bargaining agreement that includes a fair | ||||
share clause expires or continues in effect beyond its | ||||
scheduled expiration date pending the negotiation of a | ||||
successor agreement, then the employer shall continue to honor | ||||
and abide by the fair share clause until a new agreement that | ||||
includes a fair share clause is reached. Failure to honor and | ||||
abide by the fair share clause for the benefit of any exclusive | ||||
representative as set forth in this paragraph shall be a | ||||
violation of the duty to bargain and an unfair labor practice.
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Agreements containing a fair share agreement must | ||
safeguard the right of
non-association of employees based upon | ||
bonafide religious tenets or teaching
of a church or religious | ||
body of which such employees are members. Such
employees may be | ||
required to pay an amount equal to their proportionate
share, | ||
determined under a proportionate share agreement, to a | ||
non-religious
charitable organization mutually agreed upon by | ||
the employees affected
and the exclusive representative to | ||
which such employees would otherwise
pay such fee. If the | ||
affected employees and the exclusive representative
are unable | ||
to reach an agreement on the matter, the Illinois Educational
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Labor Relations Board may establish an approved list of | ||
charitable
organizations to which such payments may be made.
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The Board shall by rule require that in cases where an | ||
employee files
an objection to the amount of the fair share | ||
fee, the employer shall
continue to deduct the employee's fair | ||
share fee from the employee's pay,
but shall transmit the fee, | ||
or some portion thereof, to the Board for
deposit in an escrow | ||
account maintained by the Board; provided, however,
that if the | ||
exclusive representative maintains an escrow account for the
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purpose of holding fair share fees to which an employee has | ||
objected, the
employer shall transmit the entire fair share fee | ||
to the exclusive
representative, and the exclusive | ||
representative shall hold in escrow that
portion of the fee | ||
that the employer would otherwise have been required to
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transmit to the Board for escrow, provided that the escrow | ||
account
maintained by the exclusive representative complies | ||
with rules to be
promulgated by the Board within 30 days of the | ||
effective date of this
amendatory Act of 1989 or that the | ||
collective bargaining agreement
requiring the payment of the | ||
fair share fee contains an indemnification
provision for the | ||
purpose of indemnifying the employer with respect to the
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employer's transmission of fair share fees to the exclusive | ||
representative.
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(Source: P.A. 86-412.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.29 as
follows:
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(30 ILCS 805/8.29 new)
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Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this
Act, no reimbursement by the State is required for the | ||
implementation of
any mandate created by this amendatory Act of | ||
the 94th General Assembly.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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