Labor Committee
Filed: 02/25/04
 
 

 




 

 		












09300HB4428ham001

LRB093 20513 WGH 47941 a






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AMENDMENT TO HOUSE BILL 4428 




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    AMENDMENT NO. ______. Amend House Bill 4428  by replacing 
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everything after the enacting clause with the following:


 
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    "Section 5. The Labor Dispute Act is amended  by adding 
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Sections 1.2, 1.3, 1.4, and 1.5 as follows:
 
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    (820 ILCS 5/1.2  new)
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    Sec. 1.2. Legislative findings and declaration.
The 
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General Assembly finds that a union, union members, 
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sympathizers, and an employer's employees have a right to 
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communicate their dispute with a primary employer to the public 
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by picketing the primary employer wherever they happen to be. 
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The picketing may take place not only at the employer's main 
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facility, but at job sites as well. The General Assembly 
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recognizes that peaceful primary picketing of any type is 
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explicitly permitted by statute pursuant to the National Labor 
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Relations Act, 29 U.S.C. 151 et seq., and the Labor Management 
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Relations Act, 29 U.S.C. 141 et seq., including the right to 
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engage in other concerted activities for the purpose of 
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collective bargaining or other mutual aid or protection as 
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provided in 29 U.S.C. 157 et seq.
 
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    (820 ILCS 5/1.3  new)
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    Sec. 1.3. Definitions. As used in Section 1.2 through 1.5:
 


 






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    "Employee" means any individual permitted to work by an 
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employer in an occupation.
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    "Employer" means any individual, partnership, association, 
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corporation, business trust, governmental or 
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quasi-governmental body, or any person or group of persons that 
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employs any person to work, labor, or exercise skill in 
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connection with the operation of any business, industry, 
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vocation, or occupation.
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    "Picketing" means the stationing of a person for an 
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organization to apprise the public by signs or other means of 
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the existence of a dispute.
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    "Dispute" includes any controversy concerning terms or 
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conditions of employment, or concerning the association or 
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representation of persons in negotiating, fixing, maintaining, 
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changing, or seeking to arrange terms or conditions of 
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employment or other protest, regardless of whether or not the 
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disputants stand in the proximate relationship of employer and 
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employee.
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    "Public right of way" means that portion of the highway or 
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street adjacent to the roadway for accommodating stopped 
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vehicles or for emergency use; or that portion of a street 
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between the curb lines, or the lateral lines of a roadway, and 
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the adjacent property lines. 

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    "Temporary sign" means a sign or other display or device 
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that is not permanently affixed and is capable of being removed 
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at the end of each day or shift.
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    "Temporary shelter" means a tent or shelter that is not 
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permanently affixed and is capable of being removed at the end 
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of each day or shift, not to exceed 300 square feet in size.
 
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    (820 ILCS 5/1.4  new)
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    Sec. 1.4. Use of public right of way.
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    (a) Persons engaged in picketing shall be allowed to use 
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public rights of way to  apprise the public of the existence of 
 


 






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a dispute for the following:
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        (1) The purposes of picketing.
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        (2) The erection of temporary signs announcing their 
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dispute.
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        (3) The parking of at least one vehicle on the public 
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right of way. Nothing in this Act shall require the 
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accommodation of parking more than 10 vehicles on the 
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public right of way.
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        (4) The erection of tents or other temporary shelter 
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for the health, welfare, personal safety, and well-being of 
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picketers.
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    (b) Any signs, tents, or temporary shelters shall be 
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removed at the end of each day when the picketing has ceased. 
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Signs, tents, or temporary shelters may be maintained so long 
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as individuals participating in the labor dispute are present.
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    (c) Nothing in this Section shall require the erection of a 
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tent or shelter or parking of a vehicle where there is 
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insufficient space on the public right of way.
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    (d) No sign, tent, or temporary shelter may be erected or 
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maintained in such a manner as to obscure or otherwise 
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physically interfere with an official traffic sign, signal, or 
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device or to obstruct or physically interfere with a driver's 
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view of approaching, merging, or intersecting traffic. The 
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burden of proof shall rest on the unit of local government 
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making such a claim. If a court determines that a sign, tent, 
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or temporary shelter does not obscure or otherwise physically 
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interfere with an official traffic sign, signal, or device or 
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obstruct or physically interfere with a driver's view of 
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approaching, merging, or intersecting traffic, the unit of 
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local government is liable for all costs, attorney's fees, and 
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treble damages.
 
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    (820 ILCS 5/1.5  new)
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    Sec. 1.5. Preemption. The provisions of any ordinance or 
 


 






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resolution adopted before, on, or after the effective date of 
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this amendatory Act of the 93rd General Assembly by any unit of 
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local government that impose restrictions or limitations on the 
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picketing of an employer in a manner inconsistent with this Act 
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are invalid, and existing ordinances and resolutions, as they 
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apply to picketing, are void. It is declared to be the policy 
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of this State that the regulation of picketing is an exclusive 
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power and function of the State. A home rule unit may not 
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regulate picketing. This Section is a denial and limitation of 
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home rule powers and functions under subsection (h) of Section 
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6 of Article VII of the Illinois Constitution.".