Sen. James A. DeLeo
Filed: 5/10/2004
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1 | AMENDMENT TO HOUSE BILL 4241
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2 | AMENDMENT NO. ______. Amend House Bill 4241, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Displaced Building Service Workers Protection Act.
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7 | Section 5. Definitions. In this Act:
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8 | "Building service" means work performed in connection with | ||||||
9 | the care or maintenance of an existing building and includes, | ||||||
10 | but is not limited to, work performed by a watchman, security | ||||||
11 | officer, door staff, building cleaner, maintenance technician, | ||||||
12 | handyman, janitor, elevator operator, window cleaner, building | ||||||
13 | engineer and groundskeeper.
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14 | "Building service contract" means a contract let to any | ||||||
15 | covered employer for the furnishing of building services and | ||||||
16 | includes any subcontract for such services.
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17 | "Building service contractor" means any person who enters | ||||||
18 | into a building service contract. | ||||||
19 |
"Building service employee" means any person employed as a | ||||||
20 | building service employee by a covered employer who has been | ||||||
21 | regularly assigned to a building on a full or part-time basis | ||||||
22 | for at least 25 working days immediately preceding any | ||||||
23 | transition in employment subject to this Section except for (i) | ||||||
24 | persons who are managerial, supervisory, or confidential |
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1 | employees, provided that this exemption shall not apply to | ||||||
2 | building engineers for existing properties, (ii) persons | ||||||
3 | earning in excess of $25 per hour from a covered employer, and | ||||||
4 | (iii) persons regularly scheduled to work fewer than 6 hours | ||||||
5 | per week at a building. | ||||||
6 |
"State of Illinois" means any city, township, | ||||||
7 | administration, department, division, bureau, board or | ||||||
8 | commission, or a corporation, institution, or agency of | ||||||
9 | government, the expenses of which are paid in whole or in part | ||||||
10 | from the State treasury. | ||||||
11 | "Covered employer" means any person who owns or manages | ||||||
12 | real property, either on its own behalf or for another person, | ||||||
13 | or any person who contracts or subcontracts with an owner or | ||||||
14 | manager of real property within the State of Illinois for real | ||||||
15 | estate, including, but not limited to, housing cooperatives, | ||||||
16 | condominium associations, building managing agents, and any | ||||||
17 | building service contractor provided, however, that the | ||||||
18 | requirements of this Act shall not apply to (i) residential | ||||||
19 | buildings under 50 units, (ii) commercial office, | ||||||
20 | institutional, or retail buildings of less than 75,000 square | ||||||
21 | feet or retail stores or distribution centers, or manufacturing | ||||||
22 | and assembly or warehousing and logistic facilities, or | ||||||
23 | churches, synagogues, mosques, or places of worship, or | ||||||
24 | elementary or secondary schools, (iii) any building in which | ||||||
25 | the State of Illinois or any governmental entity, the head or | ||||||
26 | majority of members of which are appointed by one or more | ||||||
27 | officers of the State of Illinois, occupies 50% or more of the | ||||||
28 | rentable square footage, (iv) any building that is owned or | ||||||
29 | operated by a hospital or hospital affiliate as defined in the | ||||||
30 | Hospital Licensing Act, or (v) any building that is owned or | ||||||
31 | operated by a public utility, public utility affiliate, or | ||||||
32 | telecommunications carrier as defined in the Public Utilities | ||||||
33 | Act or independent electric generators. | ||||||
34 | "Person" means any individual, proprietorship, |
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1 | partnership, joint venture, corporation, limited liability | ||||||
2 | company, trust, association, or other entity that may employ | ||||||
3 | persons or enter into service contracts, but shall not include | ||||||
4 | the City of Chicago, the State of Illinois, and the federal | ||||||
5 | government or any other entity, or any individual or entity | ||||||
6 | managing real property for a governmental entity. | ||||||
7 | "Successor employer" means a covered employer that (i) has | ||||||
8 | been awarded a building service contract to provide, in whole | ||||||
9 | or in part, building services that are substantially similar to | ||||||
10 | those provided under a service contract that has recently been | ||||||
11 | terminated, or (ii) has purchased or acquired control of | ||||||
12 | property in which building service employees were employed.
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13 | Section 10. Protection for building service employees. | ||||||
14 | (a) No less than 15 calendar days before terminating any | ||||||
15 | building service contract, any covered employer shall request | ||||||
16 | the terminated contractor to provide the successor employer and | ||||||
17 | any collective bargaining representative of any of the affected | ||||||
18 | employees a full and accurate list containing the name, | ||||||
19 | address, date of hire, and employment occupation | ||||||
20 | classification of each building service employee employed on | ||||||
21 | the notice date at the site or sites covered by the terminated | ||||||
22 | contract. | ||||||
23 | (b) No less than 15 calendar days before transferring a | ||||||
24 | controlling interest in any covered building in which building | ||||||
25 | service employees are employed, any covered employer shall | ||||||
26 | provide to the successor employer and any collective bargaining | ||||||
27 | representative of any of the affected employees a full and | ||||||
28 | accurate list containing the name, address, date of hire, and | ||||||
29 | employment occupation classification of each building service | ||||||
30 | employee currently employed at the site or sites covered by the | ||||||
31 | transfer of controlling interest. | ||||||
32 | (c) Any covered employer shall provide to the successor | ||||||
33 | employer and any collective bargaining representative of any of |
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1 | the affected employees a full and accurate list containing the | ||||||
2 | name, address, date of hire, and employment occupation | ||||||
3 | classification of each building service employee currently | ||||||
4 | employed at the site or sites covered by the terminated | ||||||
5 | building service contract no more than 7 calendar days after | ||||||
6 | notice that its building service contract has been terminated. | ||||||
7 | (d) When providing the notice required under this Section, | ||||||
8 | each covered employer shall ensure that a notice to building | ||||||
9 | service employees is posted setting forth the rights provided | ||||||
10 | under this Section and which includes a copy of the list | ||||||
11 | provided under the proceeding Sections, and that such notice is | ||||||
12 | also provided to the employees' collective bargaining | ||||||
13 | representative, if any. The notice and list shall be posted in | ||||||
14 | the same location and manner that other statutorily required | ||||||
15 | notices to employees are posted at the affected site or sites. | ||||||
16 | (e) A successor employer shall retain for a transition | ||||||
17 | employment period of 25 working days at the affected site or | ||||||
18 | sites those building service employees of the terminated | ||||||
19 | building service contractor and its subcontractors, or other | ||||||
20 | covered employer, employed at the site or sites covered by the | ||||||
21 | terminated building service contract or owned or operated by | ||||||
22 | the former covered employer. | ||||||
23 | (f) If at any time the successor employer determines that | ||||||
24 | fewer building service employees are required to perform | ||||||
25 | building services at the affected building than had been | ||||||
26 | performing such services under the former employer, the | ||||||
27 | successor employer shall retain the predecessor building | ||||||
28 | service employees by seniority within job classification; | ||||||
29 | provided that during a transition period of 25 working days, | ||||||
30 | the successor employer shall maintain a preferential hiring | ||||||
31 | list of those building service employees not retained at the | ||||||
32 | building who shall be given a right of first refusal to any | ||||||
33 | jobs within their classification that becomes available during | ||||||
34 | that period. |
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1 | (g) Except as provided in subsection (f), during such | ||||||
2 | period of 25 working days, the successor contractor's | ||||||
3 | management of the business and the direction of its personnel, | ||||||
4 | including the right to hire, discipline and discharge employees | ||||||
5 | for just cause is vested exclusively in the contractor. The | ||||||
6 | contractor may require employees to submit to a criminal | ||||||
7 | background check by the Illinois State Police and the Federal | ||||||
8 | Bureau of Investigation. | ||||||
9 | (h) At the end of the transition period of 25 working days, | ||||||
10 | the successor employer shall use his or her own existing | ||||||
11 | practices and forms to perform a written performance evaluation | ||||||
12 | for each employee retained pursuant to this Section. If the | ||||||
13 | employee's performance during such period of 25 working days is | ||||||
14 | satisfactory, the successor contractor shall offer the | ||||||
15 | employee continued employment under the terms and conditions | ||||||
16 | established by the successor employer or as required by law. | ||||||
17 | Section 15. Violation. | ||||||
18 | (a) A building service employee who has been discharged or | ||||||
19 | not retained in violation of this Act may bring an action in | ||||||
20 | court against a successor contractor and covered employer for | ||||||
21 | violation of any obligation imposed pursuant to this Act. | ||||||
22 | (b) The court shall have the authority to order injunctive | ||||||
23 | relief to prevent or remedy a violation of any obligation | ||||||
24 | imposed pursuant to this Act. | ||||||
25 | (c) If the court finds that by reason of a violation of any | ||||||
26 | obligation imposed pursuant to subsection (b), a building | ||||||
27 | service employee has been discharged in violation of this | ||||||
28 | Section, it shall award: | ||||||
29 | (1) Back pay for each day during which the violation | ||||||
30 | continues, which shall be calculated at a rate of | ||||||
31 | compensation not less than the higher of (i) the average | ||||||
32 | regular rate of pay received by the employee during the | ||||||
33 | last 3 years of the employee's employment in the same |
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1 | occupation classification; or (ii) the final regular rate | ||||||
2 | received by the employee. | ||||||
3 | (2) Costs of benefits the successor employer would have | ||||||
4 | incurred for the employee under the successor contractor's | ||||||
5 | or employer's benefit plans. | ||||||
6 | (3) The building service employee's reasonable | ||||||
7 | attorney's fees and costs.
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8 | (d) In any such action, the court shall have the authority | ||||||
9 | to order the terminated contractor or former employer to | ||||||
10 | provide the successor employer with the information required | ||||||
11 | pursuant to Section 10(c) of this Act. | ||||||
12 | Section 20. Exemptions.
The provisions of this Act do not | ||||||
13 | apply: | ||||||
14 | (1) To any successor employer that, on or before, the | ||||||
15 | effective date of the
transfer of control from a | ||||||
16 | predecessor covered employer to the successor employer to | ||||||
17 | the commencement of services by a successor building | ||||||
18 | service contractor, agrees to assume, or to be bound by, | ||||||
19 | the collective bargaining agreement of the predecessor | ||||||
20 | covered building service employees, provided that the | ||||||
21 | collective bargaining agreement provides terms and | ||||||
22 | conditions for the discharge or laying off of employees.
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23 | (2) Where there is no existing collective bargaining | ||||||
24 | agreement as described in subdivision (1), to any successor | ||||||
25 | employer that agrees, on or before the effective date of | ||||||
26 | the transfer of control from a predecessor covered employer | ||||||
27 | to the successor employer or the commencement of services | ||||||
28 | by a successor building service contractor, to enter into a | ||||||
29 | new collective bargaining agreement covering its building | ||||||
30 | service employees, provided that the collective bargaining | ||||||
31 | agreement provides terms and conditions for the discharged | ||||||
32 | or laying off of employees. | ||||||
33 | (3) To any successor employer whose building service |
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1 | employees will be accredited to a bargaining unit with a | ||||||
2 | pre-existing collective bargaining agreement, provided | ||||||
3 | that the collective bargaining agreement provides terms | ||||||
4 | and conditions for the discharged or laying off of | ||||||
5 | employees. | ||||||
6 | (4) To any covered employer that obtains a written | ||||||
7 | commitment from a successor employer that the successor | ||||||
8 | employer's building service employees will be covered by a | ||||||
9 | collective bargaining agreement falling within subdivision | ||||||
10 | (1), (2), or (3).
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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