94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2736


 
Introduced 1/20/2006, by Sen. Edward D. Maloney
 
SYNOPSIS AS INTRODUCED:
 		













New Act










    Creates the Labor Organization Dues Non-remittance Act. Provides that if dues, fair share payments, or other amounts are deducted by an employer from the earnings of an employee for remittance to a labor organization and the employer fails to either remit those amounts to the employee organization or return those amounts to the employee, the labor organization must deem those amounts to have been paid by the employee to the labor organization and may not take any action to recover those amounts from the employee or take any action against the employee for non-payment of those amounts. Provides that a labor organization is entitled to require an employee to submit pay stubs or other documentation  indicating that the amounts were deducted from the earnings of the employee. Provides that nothing in this Act shall be construed to impair any obligation under any contract in force on the effective date of the Act. Provides for investigations and enforcement by the Department of Labor, penalties, review, rules, and construction of the Act. Effective immediately.
















LRB094 16084 WGH 51321 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2736

LRB094 16084 WGH 51321 b






1
    AN ACT concerning labor.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 1. Short title. This Act may be cited as the Labor 
5
Organization Dues Non-remittance Act.
 
6
    Section 5. Definition. As used in this Act, "dues" includes 
7
(i) dues and other amounts required to be paid to a labor 
8
organization by a member of that labor organization and (ii) 
9
amounts (including fair share payments, payments in lieu of 
10
dues, proportionate share payments, and any other amounts)  
11
required to be paid to a labor organization by an  individual 
12
who is not a member of that labor organization.
 
13
    Section 10. Dues not remitted by employer. If dues are 
14
deducted by an employer from the earnings of an employee for 
15
remittance to a labor organization and the employer fails to 
16
either remit those dues to the labor organization or return 
17
those dues to the employee, the labor organization:
18
        (1) must deem those dues to have been paid by the 
19
    employee to the labor organization, regardless of whether 
20
    the labor organization is later successful in recovering 
21
    those dues from the employer, a successor or assignee of 
22
    the employer, or any other party; and
23
        (2) may not take any action to recover those dues from 
24
    the employee or take any action against the employee for 
25
    non-payment of those dues.
26
    A labor organization is entitled to require an employee to 
27
submit, within a reasonable time,  pay stubs or other 
28
documentation  indicating that dues were deducted from the 
29
earnings of the employee. If an employee fails to do so, that 
30
employee is not entitled to any of the protections set forth in 
31
this Section.
 
 


 






SB2736
- 2 -
LRB094 16084 WGH 51321 b




1
    Section 15. Enforcement; penalty; review. It shall be the 
2
duty of the Department of Labor to enforce
the
provisions
of 
3
this Act. The Department shall have the power to conduct 
4
investigations in
connection with
the administration and 
5
enforcement of this Act.
The
Department shall conduct hearings 
6
in accordance with the Illinois
Administrative Procedure Act

7
upon written complaint by an investigator of the Department or 
8
any
interested
person of a violation of the Act. After the 
9
hearing, if supported by the
evidence, the
Department may (i) 
10
issue and cause to be served on any party an order to cease
and 
11
desist
from further violation of the Act, (ii) take affirmative 
12
or other action as
deemed reasonable
to eliminate the effect of 
13
the violation, and (iii) determine the amount of any civil 
14
penalty allowed by the
Act. The Director of
Labor or his or her 
15
representative may compel, by subpoena, the attendance and

16
testimony of
witnesses and the production of books, payrolls, 
17
records, papers, and other
evidence in any
investigation or 
18
hearing and may administer oaths to witnesses.
19
    Any person who
violates any
of the provisions of this Act 
20
or any rule adopted under this Act shall be subject to a civil 
21
penalty
not to exceed $5,000 for each violation.

22
    Any party to a proceeding
under
this Act may apply for and 
23
obtain judicial review of an order of the Department
entered 
24
under
this Act in accordance with the provisions of the 
25
Administrative Review Law,
and
the Department in proceedings 
26
under the Act may obtain an order from the court
for
the 
27
enforcement
of its order.
 
28
    Section 20. Rules. The Department may adopt rules to carry 
29
out its responsibilities under this Act.

 
30
    Section 25. Construction. Nothing in this Act shall be 
31
construed to impair any obligation under any contract in force 
32
on the effective date of this Act.
 

 


 






SB2736
- 3 -
LRB094 16084 WGH 51321 b




1
    Section 99. Effective date. This Act takes effect upon 
2
becoming law.