Rep. Brandon W. Phelps
Filed: 3/30/2004
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1 | AMENDMENT TO HOUSE BILL 4428
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2 | AMENDMENT NO. ______. Amend House Bill 4428, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | |||||||
6 | "Section 5. The Labor Dispute Act is amended by adding | ||||||
7 | Sections 1.2, 1.3, 1.4, and 1.5 as follows: | ||||||
8 | (820 ILCS 5/1.2 new) | ||||||
9 | Sec. 1.2. Legislative findings and declaration.
The | ||||||
10 | General Assembly finds that a union, union members, | ||||||
11 | sympathizers, and an employer's employees have a right to | ||||||
12 | communicate their dispute with a primary employer to the public | ||||||
13 | by picketing the primary employer wherever they happen to be. | ||||||
14 | The picketing may take place not only at the employer's main | ||||||
15 | facility, but at job sites as well. The General Assembly | ||||||
16 | recognizes that peaceful primary picketing of any type is | ||||||
17 | explicitly permitted by statute pursuant to the National Labor | ||||||
18 | Relations Act, 29 U.S.C. 151 et seq., and the Labor Management | ||||||
19 | Relations Act, 29 U.S.C. 141 et seq., including the right to | ||||||
20 | engage in other concerted activities for the purpose of | ||||||
21 | collective bargaining or other mutual aid or protection as | ||||||
22 | provided in 29 U.S.C. 157 et seq. | ||||||
23 | (820 ILCS 5/1.3 new) |
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1 | Sec. 1.3. Definitions. As used in Section 1.2 through 1.5: | ||||||
2 | "Employee" means any individual permitted to work by an | ||||||
3 | employer in an occupation. | ||||||
4 | "Employer" means any individual, partnership, association, | ||||||
5 | corporation, business trust, governmental or | ||||||
6 | quasi-governmental body, or any person or group of persons that | ||||||
7 | employs any person to work, labor, or exercise skill in | ||||||
8 | connection with the operation of any business, industry, | ||||||
9 | vocation, or occupation. | ||||||
10 | "Picketing" means the stationing of a person for an | ||||||
11 | organization to apprise the public by signs or other means of | ||||||
12 | the existence of a dispute pursuant to the National Labor | ||||||
13 | Relations Act, 29 U.S.C. 151 et seq., and the Labor Management | ||||||
14 | Relations Act, 29 U.S.C. 141 et seq. | ||||||
15 | "Dispute" includes any controversy concerning terms or | ||||||
16 | conditions of employment, or concerning the association or | ||||||
17 | representation of persons in negotiating, fixing, maintaining, | ||||||
18 | changing, or seeking to arrange terms or conditions of | ||||||
19 | employment or other protest, regardless of whether or not the | ||||||
20 | disputants stand in the proximate relationship of employer and | ||||||
21 | employee. | ||||||
22 | "Public right of way" means that portion of the highway or | ||||||
23 | street adjacent to the roadway for accommodating stopped | ||||||
24 | vehicles or for emergency use; or that portion of a street | ||||||
25 | between the curb lines, or the lateral lines of a roadway, and | ||||||
26 | the adjacent property lines.
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27 | "Temporary sign" means a sign or other display or device | ||||||
28 | that is not permanently affixed and is capable of being removed | ||||||
29 | at the end of each day or shift. | ||||||
30 | "Temporary shelter" means a tent or shelter that is not | ||||||
31 | permanently affixed and is capable of being removed at the end | ||||||
32 | of each day or shift, not to exceed 300 square feet in size. | ||||||
33 | (820 ILCS 5/1.4 new) |
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1 | Sec. 1.4. Use of public right of way. | ||||||
2 | (a) Persons engaged in picketing shall be allowed to use | ||||||
3 | public rights of way to apprise the public of the existence of | ||||||
4 | a dispute for the following: | ||||||
5 | (1) The purposes of picketing. | ||||||
6 | (2) The erection of temporary signs announcing their | ||||||
7 | dispute. | ||||||
8 | (3) The parking of at least one vehicle on the public | ||||||
9 | right of way. Nothing in this Section shall require the | ||||||
10 | accommodation of parking more than 10 vehicles on the | ||||||
11 | public right of way. This Section shall not be construed to | ||||||
12 | allow the blocking of fire hydrants. Picketers shall ensure | ||||||
13 | that water mains, sewers, and other utilities are | ||||||
14 | accessible for maintenance and emergency repair work. | ||||||
15 | (4) The erection of tents or other temporary shelter | ||||||
16 | for the health, welfare, personal safety, and well-being of | ||||||
17 | picketers. | ||||||
18 | (b) Any signs, tents, or temporary shelters shall be | ||||||
19 | removed at the end of each day when the picketing has ceased. | ||||||
20 | Signs, tents, or temporary shelters may be maintained so long | ||||||
21 | as individuals participating in the labor dispute are present. | ||||||
22 | (c) This Section shall not be construed to allow the | ||||||
23 | erection of a tent or shelter or parking of a vehicle where | ||||||
24 | there is insufficient space on the public right of way. This | ||||||
25 | Section shall not be construed to allow the erection of a tent | ||||||
26 | or shelter on the right of way of any Class I highway as | ||||||
27 | defined in Section 1-126.1 of the Illinois Vehicle Code. | ||||||
28 | Picketers shall ensure that a reasonable walkway exists for | ||||||
29 | pedestrians and others to pass by the picketing activities. | ||||||
30 | Persons using the right of way under this Section shall make | ||||||
31 | reasonable attempts to keep the area free from garbage and | ||||||
32 | significant damage. | ||||||
33 | (d) No sign, tent, or temporary shelter may be erected or | ||||||
34 | maintained in such a manner as to obscure or otherwise |
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1 | physically interfere with an official traffic sign, signal, or | ||||||
2 | device or to obstruct or physically interfere with a driver's | ||||||
3 | view of approaching, merging, or intersecting traffic. The | ||||||
4 | burden of proof shall rest on the unit of local government | ||||||
5 | making such a claim. If a court determines that a sign, tent, | ||||||
6 | or temporary shelter does not obscure or otherwise physically | ||||||
7 | interfere with an official traffic sign, signal, or device or | ||||||
8 | obstruct or physically interfere with a driver's view of | ||||||
9 | approaching, merging, or intersecting traffic, the unit of | ||||||
10 | local government is liable for all costs and attorney's fees. | ||||||
11 | (820 ILCS 5/1.5 new) | ||||||
12 | Sec. 1.5. Preemption. The provisions of any ordinance or | ||||||
13 | resolution adopted before, on, or after the effective date of | ||||||
14 | this amendatory Act of the 93rd General Assembly by any unit of | ||||||
15 | local government that impose restrictions or limitations on the | ||||||
16 | picketing of an employer in a manner inconsistent with this Act | ||||||
17 | are invalid, and existing ordinances and resolutions, as they | ||||||
18 | apply to picketing, are void. It is declared to be the policy | ||||||
19 | of this State that the regulation of picketing is an exclusive | ||||||
20 | power and function of the State. A home rule unit may not | ||||||
21 | regulate picketing. This Section is a denial and limitation of | ||||||
22 | home rule powers and functions under subsection (h) of Section | ||||||
23 | 6 of Article VII of the Illinois Constitution. ".
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