Labor Committee
Filed: 02/25/04
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1 | AMENDMENT TO HOUSE BILL 4428
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2 | AMENDMENT NO. ______. Amend House Bill 4428 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | |||||||
5 | "Section 5. The Labor Dispute Act is amended by adding | ||||||
6 | Sections 1.2, 1.3, 1.4, and 1.5 as follows: | ||||||
7 | (820 ILCS 5/1.2 new) | ||||||
8 | Sec. 1.2. Legislative findings and declaration.
The | ||||||
9 | General Assembly finds that a union, union members, | ||||||
10 | sympathizers, and an employer's employees have a right to | ||||||
11 | communicate their dispute with a primary employer to the public | ||||||
12 | by picketing the primary employer wherever they happen to be. | ||||||
13 | The picketing may take place not only at the employer's main | ||||||
14 | facility, but at job sites as well. The General Assembly | ||||||
15 | recognizes that peaceful primary picketing of any type is | ||||||
16 | explicitly permitted by statute pursuant to the National Labor | ||||||
17 | Relations Act, 29 U.S.C. 151 et seq., and the Labor Management | ||||||
18 | Relations Act, 29 U.S.C. 141 et seq., including the right to | ||||||
19 | engage in other concerted activities for the purpose of | ||||||
20 | collective bargaining or other mutual aid or protection as | ||||||
21 | provided in 29 U.S.C. 157 et seq. | ||||||
22 | (820 ILCS 5/1.3 new) | ||||||
23 | Sec. 1.3. Definitions. As used in Section 1.2 through 1.5: |
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1 | "Employee" means any individual permitted to work by an | ||||||
2 | employer in an occupation. | ||||||
3 | "Employer" means any individual, partnership, association, | ||||||
4 | corporation, business trust, governmental or | ||||||
5 | quasi-governmental body, or any person or group of persons that | ||||||
6 | employs any person to work, labor, or exercise skill in | ||||||
7 | connection with the operation of any business, industry, | ||||||
8 | vocation, or occupation. | ||||||
9 | "Picketing" means the stationing of a person for an | ||||||
10 | organization to apprise the public by signs or other means of | ||||||
11 | the existence of a dispute. | ||||||
12 | "Dispute" includes any controversy concerning terms or | ||||||
13 | conditions of employment, or concerning the association or | ||||||
14 | representation of persons in negotiating, fixing, maintaining, | ||||||
15 | changing, or seeking to arrange terms or conditions of | ||||||
16 | employment or other protest, regardless of whether or not the | ||||||
17 | disputants stand in the proximate relationship of employer and | ||||||
18 | employee. | ||||||
19 | "Public right of way" means that portion of the highway or | ||||||
20 | street adjacent to the roadway for accommodating stopped | ||||||
21 | vehicles or for emergency use; or that portion of a street | ||||||
22 | between the curb lines, or the lateral lines of a roadway, and | ||||||
23 | the adjacent property lines.
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24 | "Temporary sign" means a sign or other display or device | ||||||
25 | that is not permanently affixed and is capable of being removed | ||||||
26 | at the end of each day or shift. | ||||||
27 | "Temporary shelter" means a tent or shelter that is not | ||||||
28 | permanently affixed and is capable of being removed at the end | ||||||
29 | of each day or shift, not to exceed 300 square feet in size. | ||||||
30 | (820 ILCS 5/1.4 new) | ||||||
31 | Sec. 1.4. Use of public right of way. | ||||||
32 | (a) Persons engaged in picketing shall be allowed to use | ||||||
33 | public rights of way to apprise the public of the existence of |
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1 | a dispute for the following: | ||||||
2 | (1) The purposes of picketing. | ||||||
3 | (2) The erection of temporary signs announcing their | ||||||
4 | dispute. | ||||||
5 | (3) The parking of at least one vehicle on the public | ||||||
6 | right of way. Nothing in this Act shall require the | ||||||
7 | accommodation of parking more than 10 vehicles on the | ||||||
8 | public right of way. | ||||||
9 | (4) The erection of tents or other temporary shelter | ||||||
10 | for the health, welfare, personal safety, and well-being of | ||||||
11 | picketers. | ||||||
12 | (b) Any signs, tents, or temporary shelters shall be | ||||||
13 | removed at the end of each day when the picketing has ceased. | ||||||
14 | Signs, tents, or temporary shelters may be maintained so long | ||||||
15 | as individuals participating in the labor dispute are present. | ||||||
16 | (c) Nothing in this Section shall require the erection of a | ||||||
17 | tent or shelter or parking of a vehicle where there is | ||||||
18 | insufficient space on the public right of way. | ||||||
19 | (d) No sign, tent, or temporary shelter may be erected or | ||||||
20 | maintained in such a manner as to obscure or otherwise | ||||||
21 | physically interfere with an official traffic sign, signal, or | ||||||
22 | device or to obstruct or physically interfere with a driver's | ||||||
23 | view of approaching, merging, or intersecting traffic. The | ||||||
24 | burden of proof shall rest on the unit of local government | ||||||
25 | making such a claim. If a court determines that a sign, tent, | ||||||
26 | or temporary shelter does not obscure or otherwise physically | ||||||
27 | interfere with an official traffic sign, signal, or device or | ||||||
28 | obstruct or physically interfere with a driver's view of | ||||||
29 | approaching, merging, or intersecting traffic, the unit of | ||||||
30 | local government is liable for all costs, attorney's fees, and | ||||||
31 | treble damages. | ||||||
32 | (820 ILCS 5/1.5 new) | ||||||
33 | Sec. 1.5. Preemption. The provisions of any ordinance or |
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1 | resolution adopted before, on, or after the effective date of | ||||||
2 | this amendatory Act of the 93rd General Assembly by any unit of | ||||||
3 | local government that impose restrictions or limitations on the | ||||||
4 | picketing of an employer in a manner inconsistent with this Act | ||||||
5 | are invalid, and existing ordinances and resolutions, as they | ||||||
6 | apply to picketing, are void. It is declared to be the policy | ||||||
7 | of this State that the regulation of picketing is an exclusive | ||||||
8 | power and function of the State. A home rule unit may not | ||||||
9 | regulate picketing. This Section is a denial and limitation of | ||||||
10 | home rule powers and functions under subsection (h) of Section | ||||||
11 | 6 of Article VII of the Illinois Constitution. ".
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