SB0275 94TH GENERAL ASSEMBLY

LRB094 08614 RAS 38822 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0275

Introduced 2/3/2005, by Sen. James A. DeLeo

SYNOPSIS AS INTRODUCED:

115 ILCS 5/8	from Ch. 48, par. 1708
115 ILCS 5/11	from Ch. 48, par. 1711

Amends the Illinois Educational Labor Relations Act. Requires an educational employer to furnish the exclusive bargaining representative with the names and addresses of its educational employees in the bargaining unit if requested by the representative. Limits the number of requests that must be met to 4 per calendar year. With regard to non-member fair share payments, provides that only the exclusive representative may negotiate provisions in a collective bargaining agreement providing for the payroll deduction of labor organization dues, fair share fee payments, initiation fees, or assessments. Provides that if a collective bargaining agreement is terminated or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement or the resolution of an impasse under the Act, then the employer shall continue to honor and abide by any dues deduction or fair share clause contained in the agreement until a new agreement is reached. Sets forth applicability requirements for successor exclusive representatives. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Educational Labor Relations Act is amended by changing Sections 8 and 11 as follows:

(115 ILCS 5/8) (from Ch. 48, par. 1708)

Sec. 8. Election - certification. Elections shall be by secret ballot, and conducted in accordance with rules and regulations established by the Illinois Educational Labor Relations Board. An incumbent exclusive bargaining representative shall automatically be placed on any ballot with the petitioner's labor organization. An intervening labor organization may be placed on the ballot when supported by 15% or more of the employees in the bargaining unit. The Board shall give at least 30 days notice of the time and place of the election to the parties and, upon request, shall provide the parties with a list of names and addresses of persons eligible to vote in the election at least 15 days before the election. The ballot must include, as one of the alternatives, the choice of "no representative". No mail ballots are permitted except where a specific individual would otherwise be unable to cast a ballot.

The labor organization receiving a majority of the ballots cast shall be certified by the Board as the exclusive bargaining representative. If the choice of "no representative" receives a majority, the employer shall not recognize any exclusive bargaining representative for at least 12 months. If none of the choices on the ballot receives a majority, a run-off shall be conducted between the 2 choices receiving the largest number of valid votes cast in the election. The Board shall certify the results of the election within 6 working days after the final tally of votes unless a charge is filed by a party alleging that improper conduct occurred which affected the outcome of the election. The Board shall promptly investigate the allegations, and if it finds probable cause that improper conduct occurred and could have affected the outcome of the election, it shall set a hearing on the matter on a date falling within 2 weeks of when it received the charge. If it determines, after hearing, that the outcome of the election was affected by improper conduct, it shall order a new election and shall order corrective action which it considers necessary to insure the fairness of the new election. If it determines upon investigation or after hearing that the alleged improper conduct did not take place or that it did not affect the results of the election, it shall immediately certify the election results.

An educational employer is required, upon request, to furnish the exclusive representative with a complete list of the names and addresses of the educational employees in the bargaining unit, provided that the number of such requests does not exceed 4 in the same calendar year.

Any labor organization that is the exclusive bargaining representative in an appropriate unit on the effective date of this Act shall continue as such until a new one is selected under this Act.

(Source: P.A. 92-206, eff. 1-1-02.)

(115 ILCS 5/11) (from Ch. 48, par. 1711)

Sec. 11. Non-member fair share payments. When a collective 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 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.

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.

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 Labor Relations Board may establish an approved list of charitable organizations to which such payments may be made.

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 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 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 employer's transmission of fair share fees to the exclusive representative.

Only the exclusive representative may negotiate provisions in a collective bargaining agreement providing for the payroll deduction of labor organization dues, fair share fee payments, initiation fees, or assessments.

If a collective bargaining agreement is terminated or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement or the resolution of an impasse under this Act, then the employer shall continue to honor and abide by any dues deduction or fair share clause contained in the agreement until a new agreement is reached. For the benefit of any successor exclusive representative certified under this Act, this paragraph shall be applicable, provided that the successor exclusive representative (i) certifies to the employer the amount constituting each non-member's proportionate share under this Section or (ii) presents the employer with employee written authorizations for the deduction of dues, assessments, or fees under this Section.

(Source: P.A. 86-412.)

Section 999. Effective date. This Act takes effect upon becoming law.