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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4139 Introduced , by Rep. Reginald Phillips SYNOPSIS AS INTRODUCED: |
| New Act | | 5 ILCS 315/3 | from Ch. 48, par. 1603 | 5 ILCS 315/6 | from Ch. 48, par. 1606 | 5 ILCS 315/10 | from Ch. 48, par. 1610 | 15 ILCS 405/16.2 rep. | | 30 ILCS 5/3-8.5 rep. | | 115 ILCS 5/3 | from Ch. 48, par. 1703 | 115 ILCS 5/14 | from Ch. 48, par. 1714 | 115 ILCS 5/11 rep. | |
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Creates the Right to Work Act. Provides that a person may not be required to join or contribute to a labor organization as a condition of employment. Provides that violations of the Act constitute a Class A misdemeanor. Authorizes injunctive relief. Authorizes a private right of action for damages. Provides that the Attorney General shall enforce the Act. Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that employees have the right not to become or remain a member of a labor organization, or to pay any dues, fees, assessments, or other similar charges to a labor organization, Eliminates provisions authorizing fair share agreements. Amends the Illinois State Comptroller Act, and the Illinois State Auditing Act to make related changes. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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1 | | AN ACT concerning employment.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Right |
5 | | to Work Act. |
6 | | Section 5. Definitions. In this Act: |
7 | | "Employer" means all persons, firms, associations, |
8 | | corporations, public employers, public school employers, and |
9 | | public colleges, universities, institutions, and education |
10 | | agencies. |
11 | | "Labor organization" means any organization of any kind, or |
12 | | agency or employee representation committee or union, which |
13 | | exists for the purpose, in whole or in part, of dealing with |
14 | | employers concerning wages, rates of pay, hours of work, other |
15 | | conditions of employment, or other forms of compensation. |
16 | | Section 10. Right to refrain. No person shall be required, |
17 | | as a condition or continuation of employment, to: |
18 | | (1) become or remain a member of a labor organization; |
19 | | (2) pay any dues, fees, assessments, or other similar |
20 | | charges, however denominated, of any kind or amount to a |
21 | | labor organization; or |
22 | | (3) pay to any charity or other third party, in lieu of |
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1 | | such payments, any amount equivalent to or pro rata portion |
2 | | of dues, fees, assessments, or other charges required of |
3 | | members of a labor organization. |
4 | | Section 15. Agreements in violation. Any agreement, |
5 | | understanding, or practice, written or oral, implied or |
6 | | expressed, between any labor organization and employer which |
7 | | violates the rights of persons as guaranteed by this Act is |
8 | | unlawful, null and void, and of no legal effect. |
9 | | Section 20. Penalty. Any person who directly or indirectly |
10 | | violates any provision of this Act is guilty of a Class A |
11 | | misdemeanor. |
12 | | Section 25. Duty to investigate and enforce. It is the duty |
13 | | of the Attorney General of this State to investigate complaints |
14 | | of violation or threatened violations of this Act and to |
15 | | prosecute all persons violating any of its provisions, and to |
16 | | take all means at his or her command to ensure effective |
17 | | enforcement. This duty does not deprive persons of their |
18 | | private cause of action to enforce this Act pursuant to Section |
19 | | 30 or 35 of this Act. |
20 | | Section 30. Injunctive relief. Any person injured as a |
21 | | result of any violation or threatened violation of this Act is |
22 | | entitled to injunctive and declaratory relief against any and |
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1 | | all violators or persons threatening violations. This remedy is |
2 | | independent of and in addition to the penalties and remedies |
3 | | provided in other Sections of this Act, the Illinois Public |
4 | | Labor Relations Act, or the Illinois Educational Labor |
5 | | Relations Act. |
6 | | Section 35. Damages. Any person injured as a result of any |
7 | | violation or threatened violation of the provisions of this Act |
8 | | shall recover any and all damages, including costs and |
9 | | reasonable attorney's fees, of any character resulting from |
10 | | such violation or threatened violation. This remedy is |
11 | | independent of and in addition to the penalties and remedies |
12 | | provided in other Sections of this Act, the Illinois Public |
13 | | Labor Relations Act, or the Illinois Educational Labor |
14 | | Relations Act. |
15 | | Section 40. Exceptions. The provisions of this Act do not |
16 | | apply: |
17 | | (1) to employers and employees covered by the Federal |
18 | | Railway Labor Act; |
19 | | (2) to federal employers and employees; |
20 | | (3) to employers and employees on exclusive federal |
21 | | enclaves; |
22 | | (4) where they would otherwise conflict with, or be |
23 | | preempted by, federal law; or |
24 | | (5) to any employment contract entered into before the |
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1 | | effective date of this Act. |
2 | | The provisions of this Act do, however, apply to any |
3 | | renewal or extension of any existing contract, or if any |
4 | | modification is made to any existing contract. |
5 | | Section 45. Other laws. If any provision of this Act is |
6 | | deemed to conflict with the provisions of any other law of this |
7 | | State, the provisions of this Act shall control and supersede |
8 | | the provisions of the other law. |
9 | | Section 50. Severability. If any provision of this Act or |
10 | | the application of any such provision to any person or |
11 | | circumstance is held invalid by a court of competent |
12 | | jurisdiction, the remainder of this Act or the application of |
13 | | its provisions to persons or circumstances other than those to |
14 | | which it is held invalid are severable and are not affected |
15 | | thereby. |
16 | | Section 80. The Illinois Public Labor Relations Act is |
17 | | amended by changing Sections 3, 6, and 10 as follows: |
18 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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19 | | Sec. 3. Definitions. As used in this Act, unless the |
20 | | context
otherwise requires:
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21 | | (a) "Board" means the Illinois
Labor Relations Board or, |
22 | | with respect to a matter over which the
jurisdiction of the |
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1 | | Board is assigned to the State Panel or the Local Panel
under |
2 | | Section 5, the panel having jurisdiction over the matter.
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3 | | (b) "Collective bargaining" means bargaining over terms |
4 | | and conditions
of employment, including hours, wages, and other |
5 | | conditions of employment,
as detailed in Section 7 and which |
6 | | are not excluded by Section 4.
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7 | | (c) "Confidential employee" means an employee who, in the |
8 | | regular course
of his or her duties, assists and acts in a |
9 | | confidential capacity to persons
who formulate, determine, and |
10 | | effectuate management policies with regard
to labor relations |
11 | | or who, in the regular course of his or her duties, has
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12 | | authorized access to information relating to the effectuation
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13 | | or review of the employer's collective bargaining policies.
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14 | | (d) "Craft employees" means skilled journeymen, crafts |
15 | | persons, and their
apprentices and helpers.
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16 | | (e) "Essential services employees" means those public |
17 | | employees
performing functions so essential that the |
18 | | interruption or termination of
the function will constitute a |
19 | | clear and present danger to the health and
safety of the |
20 | | persons in the affected community.
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21 | | (f) "Exclusive representative", except with respect to |
22 | | non-State fire
fighters and paramedics employed by fire |
23 | | departments and fire protection
districts, non-State peace |
24 | | officers, and peace officers in the
Department of State Police, |
25 | | means the labor organization that has
been (i) designated by |
26 | | the Board as the representative of a majority of public
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1 | | employees in an appropriate bargaining unit in accordance with |
2 | | the procedures
contained in this Act, (ii) historically
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3 | | recognized by the State of Illinois or
any political |
4 | | subdivision of the State before July 1, 1984
(the effective |
5 | | date of this
Act) as the exclusive representative of the |
6 | | employees in an appropriate
bargaining unit, (iii) after July |
7 | | 1, 1984 (the
effective date of this Act) recognized by an
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8 | | employer upon evidence, acceptable to the Board, that the labor
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9 | | organization has been designated as the exclusive |
10 | | representative by a
majority of the employees in an appropriate |
11 | | bargaining unit;
(iv) recognized as the exclusive |
12 | | representative of personal
assistants under Executive Order |
13 | | 2003-8 prior to the effective date of this
amendatory
Act of |
14 | | the 93rd General Assembly, and the organization shall be |
15 | | considered to
be the
exclusive representative of the personal |
16 | | assistants
as defined
in this Section; or (v) recognized as the |
17 | | exclusive representative of child and day care home providers, |
18 | | including licensed and license exempt providers, pursuant to an |
19 | | election held under Executive Order 2005-1 prior to the |
20 | | effective date of this amendatory Act of the 94th General |
21 | | Assembly, and the organization shall be considered to be the |
22 | | exclusive representative of the child and day care home |
23 | | providers as defined in this Section.
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24 | | With respect to non-State fire fighters and paramedics |
25 | | employed by fire
departments and fire protection districts, |
26 | | non-State peace officers, and
peace officers in the Department |
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1 | | of State Police,
"exclusive representative" means the labor |
2 | | organization that has
been (i) designated by the Board as the |
3 | | representative of a majority of peace
officers or fire fighters |
4 | | in an appropriate bargaining unit in accordance
with the |
5 | | procedures contained in this Act, (ii)
historically recognized
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6 | | by the State of Illinois or any political subdivision of the |
7 | | State before
January 1, 1986 (the effective date of this |
8 | | amendatory Act of 1985) as the exclusive
representative by a |
9 | | majority of the peace officers or fire fighters in an
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10 | | appropriate bargaining unit, or (iii) after January 1,
1986 |
11 | | (the effective date of this amendatory
Act of 1985) recognized |
12 | | by an employer upon evidence, acceptable to the
Board, that the |
13 | | labor organization has been designated as the exclusive
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14 | | representative by a majority of the peace officers or fire |
15 | | fighters in an
appropriate bargaining unit.
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16 | | Where a historical pattern of representation exists for the |
17 | | workers of a water system that was owned by a public utility, |
18 | | as defined in Section 3-105 of the Public Utilities Act, prior |
19 | | to becoming certified employees of a municipality or |
20 | | municipalities once the municipality or municipalities have |
21 | | acquired the water system as authorized in Section 11-124-5 of |
22 | | the Illinois Municipal Code, the Board shall find the labor |
23 | | organization that has historically represented the workers to |
24 | | be the exclusive representative under this Act, and shall find |
25 | | the unit represented by the exclusive representative to be the |
26 | | appropriate unit. |
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1 | | (g) (Blank). "Fair share agreement" means an agreement |
2 | | between the employer and
an employee organization under which |
3 | | all or any of the employees in a
collective bargaining unit are |
4 | | required to pay their proportionate share of
the costs of the |
5 | | collective bargaining process, contract administration, and
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6 | | pursuing matters affecting wages, hours, and other conditions |
7 | | of employment,
but not to exceed the amount of dues uniformly |
8 | | required of members. The
amount certified by the exclusive |
9 | | representative shall not include any fees
for contributions |
10 | | related to the election or support of any candidate for
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11 | | political office. Nothing in this subsection (g) shall
preclude |
12 | | an employee from making
voluntary political contributions in |
13 | | conjunction with his or her fair share
payment.
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14 | | (g-1) "Fire fighter" means, for the purposes of this Act |
15 | | only, any
person who has been or is hereafter appointed to a |
16 | | fire department or fire
protection district or employed by a |
17 | | state university and sworn or
commissioned to perform fire |
18 | | fighter duties or paramedic duties, except that the
following |
19 | | persons are not included: part-time fire fighters,
auxiliary, |
20 | | reserve or voluntary fire fighters, including paid on-call fire
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21 | | fighters, clerks and dispatchers or other civilian employees of |
22 | | a fire
department or fire protection district who are not |
23 | | routinely expected to
perform fire fighter duties, or elected |
24 | | officials.
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25 | | (g-2) "General Assembly of the State of Illinois" means the
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26 | | legislative branch of the government of the State of Illinois, |
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1 | | as provided
for under Article IV of the Constitution of the |
2 | | State of Illinois, and
includes but is not limited to the House |
3 | | of Representatives, the Senate,
the Speaker of the House of |
4 | | Representatives, the Minority Leader of the
House of |
5 | | Representatives, the President of the Senate, the Minority |
6 | | Leader
of the Senate, the Joint Committee on Legislative |
7 | | Support Services and any
legislative support services agency |
8 | | listed in the Legislative Commission
Reorganization Act of |
9 | | 1984.
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10 | | (h) "Governing body" means, in the case of the State, the |
11 | | State Panel of
the Illinois Labor Relations Board, the Director |
12 | | of the Department of Central
Management Services, and the |
13 | | Director of the Department of Labor; the county
board in the |
14 | | case of a county; the corporate authorities in the case of a
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15 | | municipality; and the appropriate body authorized to provide |
16 | | for expenditures
of its funds in the case of any other unit of |
17 | | government.
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18 | | (i) "Labor organization" means any organization in which |
19 | | public employees
participate and that exists for the purpose, |
20 | | in whole or in part, of dealing
with a public employer |
21 | | concerning wages, hours, and other terms and conditions
of |
22 | | employment, including the settlement of grievances.
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23 | | (i-5) "Legislative liaison" means a person who is an |
24 | | employee of a State agency, the Attorney General, the Secretary |
25 | | of State, the Comptroller, or the Treasurer, as the case may |
26 | | be, and whose job duties require the person to regularly |
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1 | | communicate in the course of his or her employment with any |
2 | | official or staff of the General Assembly of the State of |
3 | | Illinois for the purpose of influencing any legislative action. |
4 | | (j) "Managerial employee" means an individual who is |
5 | | engaged
predominantly in executive and management functions |
6 | | and is charged with the
responsibility of directing the |
7 | | effectuation of management policies
and practices. With |
8 | | respect only to State employees in positions under the |
9 | | jurisdiction of the Attorney General, Secretary of State, |
10 | | Comptroller, or Treasurer (i) that were certified in a |
11 | | bargaining unit on or after December 2, 2008, (ii) for which a |
12 | | petition is filed with the Illinois Public Labor Relations |
13 | | Board on or after April 5, 2013 (the effective date of Public |
14 | | Act 97-1172), or (iii) for which a petition is pending before |
15 | | the Illinois Public Labor Relations Board on that date, |
16 | | "managerial employee" means an individual who is engaged in |
17 | | executive and management functions or who is charged with the |
18 | | effectuation of management policies and practices or who |
19 | | represents management interests by taking or recommending |
20 | | discretionary actions that effectively control or implement |
21 | | policy. Nothing in this definition prohibits an individual from |
22 | | also meeting the definition of "supervisor" under subsection |
23 | | (r) of this Section.
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24 | | (k) "Peace officer" means, for the purposes of this Act |
25 | | only, any
persons who have been or are hereafter appointed to a |
26 | | police force,
department, or agency and sworn or commissioned |
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1 | | to perform police duties,
except that the following persons are |
2 | | not
included: part-time police
officers, special police |
3 | | officers, auxiliary police as defined by Section
3.1-30-20 of |
4 | | the Illinois Municipal Code, night watchmen, "merchant |
5 | | police",
court security officers as defined by Section 3-6012.1 |
6 | | of the Counties
Code,
temporary employees, traffic guards or |
7 | | wardens, civilian parking meter and
parking facilities |
8 | | personnel or other individuals specially appointed to
aid or |
9 | | direct traffic at or near schools or public functions or to aid |
10 | | in
civil defense or disaster, parking enforcement employees who |
11 | | are not
commissioned as peace officers and who are not armed |
12 | | and who are not
routinely expected to effect arrests, parking |
13 | | lot attendants, clerks and
dispatchers or other civilian |
14 | | employees of a police department who are not
routinely expected |
15 | | to effect arrests, or elected officials.
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16 | | (l) "Person" includes one or more individuals, labor |
17 | | organizations, public
employees, associations, corporations, |
18 | | legal representatives, trustees,
trustees in bankruptcy, |
19 | | receivers, or the State of Illinois or any political
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20 | | subdivision of the State or governing body, but does not |
21 | | include the General
Assembly of the State of Illinois or any |
22 | | individual employed by the General
Assembly of the State of |
23 | | Illinois.
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24 | | (m) "Professional employee" means any employee engaged in |
25 | | work predominantly
intellectual and varied in character rather |
26 | | than routine mental, manual,
mechanical or physical work; |
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1 | | involving the consistent exercise of discretion
and adjustment |
2 | | in its performance; of such a character that the output |
3 | | produced
or the result accomplished cannot be standardized in |
4 | | relation to a given
period of time; and requiring advanced |
5 | | knowledge in a field of science or
learning customarily |
6 | | acquired by a prolonged course of specialized intellectual
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7 | | instruction and study in an institution of higher learning or a |
8 | | hospital,
as distinguished from a general academic education or |
9 | | from apprenticeship
or from training in the performance of |
10 | | routine mental, manual, or physical
processes; or any employee |
11 | | who has completed the courses of specialized
intellectual |
12 | | instruction and study prescribed in this subsection (m) and is
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13 | | performing related
work under the supervision of a professional |
14 | | person to qualify to become
a professional employee as defined |
15 | | in this subsection (m).
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16 | | (n) "Public employee" or "employee", for the purposes of |
17 | | this Act, means
any individual employed by a public employer, |
18 | | including (i) interns and residents
at public hospitals, (ii) |
19 | | as of the effective date of this amendatory Act of the 93rd |
20 | | General
Assembly, but not
before, personal assistants working |
21 | | under the Home
Services
Program under Section 3 of the Disabled |
22 | | Persons Rehabilitation Act, subject to
the
limitations set |
23 | | forth in this Act and in the Disabled Persons Rehabilitation
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24 | | Act,
(iii) as of the effective date of this amendatory Act of |
25 | | the 94th General Assembly, but not before, child and day care |
26 | | home providers participating in the child care assistance |
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1 | | program under Section 9A-11 of the Illinois Public Aid Code, |
2 | | subject to the limitations set forth in this Act and in Section |
3 | | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, |
4 | | 2013 (the effective date of Public Act 97-1158), but not before |
5 | | except as otherwise provided in this subsection (n), home care |
6 | | and home health workers who function as personal assistants and |
7 | | individual maintenance home health workers and who also work |
8 | | under the Home Services Program under Section 3 of the Disabled |
9 | | Persons Rehabilitation Act, no matter whether the State |
10 | | provides those services through direct fee-for-service |
11 | | arrangements, with the assistance of a managed care |
12 | | organization or other intermediary, or otherwise, (v) |
13 | | beginning on the effective date of this amendatory Act of the |
14 | | 98th General Assembly and notwithstanding any other provision |
15 | | of this Act, any person employed by a public employer and who |
16 | | is classified as or who holds the employment title of Chief |
17 | | Stationary Engineer, Assistant Chief Stationary Engineer, |
18 | | Sewage Plant Operator, Water Plant Operator, Stationary |
19 | | Engineer, Plant Operating Engineer, and any other employee who |
20 | | holds the position of: Civil Engineer V, Civil Engineer VI, |
21 | | Civil Engineer VII, Technical Manager I, Technical Manager II, |
22 | | Technical Manager III, Technical Manager IV, Technical Manager |
23 | | V, Technical Manager VI, Realty Specialist III, Realty |
24 | | Specialist IV, Realty Specialist V, Technical Advisor I, |
25 | | Technical Advisor II, Technical Advisor III, Technical Advisor |
26 | | IV, or Technical Advisor V employed by the Department of |
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1 | | Transportation who is in a position which is certified in a |
2 | | bargaining unit on or before the effective date of this |
3 | | amendatory Act of the 98th General Assembly, and (vi) beginning |
4 | | on the effective date of this amendatory Act of the 98th |
5 | | General Assembly and notwithstanding any other provision of |
6 | | this Act, any mental health administrator in the Department of |
7 | | Corrections who is classified as or who holds the position of |
8 | | Public Service Administrator (Option 8K), any employee of the |
9 | | Office of the Inspector General in the Department of Human |
10 | | Services who is classified as or who holds the position of |
11 | | Public Service Administrator (Option 7), any Deputy of |
12 | | Intelligence in the Department of Corrections who is classified |
13 | | as or who holds the position of Public Service Administrator |
14 | | (Option 7), and any employee of the Department of State Police |
15 | | who handles issues concerning the Illinois State Police Sex |
16 | | Offender Registry and who is classified as or holds the |
17 | | position of Public Service Administrator (Option 7), but |
18 | | excluding all of the following: employees of the
General |
19 | | Assembly of the State of Illinois; elected officials; executive
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20 | | heads of a department; members of boards or commissions; the |
21 | | Executive
Inspectors General; any special Executive Inspectors |
22 | | General; employees of each
Office of an Executive Inspector |
23 | | General;
commissioners and employees of the Executive Ethics |
24 | | Commission; the Auditor
General's Inspector General; employees |
25 | | of the Office of the Auditor General's
Inspector General; the |
26 | | Legislative Inspector General; any special Legislative
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1 | | Inspectors General; employees of the Office
of the Legislative |
2 | | Inspector General;
commissioners and employees of the |
3 | | Legislative Ethics Commission;
employees
of any
agency, board |
4 | | or commission created by this Act; employees appointed to
State |
5 | | positions of a temporary or emergency nature; all employees of |
6 | | school
districts and higher education institutions except |
7 | | firefighters and peace
officers employed
by a state university |
8 | | and except peace officers employed by a school district in its |
9 | | own police department in existence on the effective date of |
10 | | this amendatory Act of the 96th General Assembly; managerial |
11 | | employees; short-term employees; legislative liaisons; a |
12 | | person who is a State employee under the jurisdiction of the |
13 | | Office of the Attorney General who is licensed to practice law |
14 | | or whose position authorizes, either directly or indirectly, |
15 | | meaningful input into government decision-making on issues |
16 | | where there is room for principled disagreement on goals or |
17 | | their implementation; a person who is a State employee under |
18 | | the jurisdiction of the Office of the Comptroller who holds the |
19 | | position of Public Service Administrator or whose position is |
20 | | otherwise exempt under the Comptroller Merit Employment Code; a |
21 | | person who is a State employee under the jurisdiction of the |
22 | | Secretary of State who holds the position classification of |
23 | | Executive I or higher, whose position authorizes, either |
24 | | directly or indirectly, meaningful input into government |
25 | | decision-making on issues where there is room for principled |
26 | | disagreement on goals or their implementation, or who is |
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1 | | otherwise exempt under the Secretary of State Merit Employment |
2 | | Code; employees in the Office of the Secretary of State who are |
3 | | completely exempt from jurisdiction B of the Secretary of State |
4 | | Merit Employment Code and who are in Rutan-exempt positions on |
5 | | or after April 5, 2013 (the effective date of Public Act |
6 | | 97-1172); a person who is a State employee under the |
7 | | jurisdiction of the Treasurer who holds a position that is |
8 | | exempt from the State Treasurer Employment Code; any employee |
9 | | of a State agency who (i) holds the title or position of, or |
10 | | exercises substantially similar duties as a legislative |
11 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency |
12 | | Executive Director, Agency Deputy Director, Agency Chief |
13 | | Fiscal Officer, Agency Human Resources Director, Public |
14 | | Information Officer, or Chief Information Officer and (ii) was |
15 | | neither included in a bargaining unit nor subject to an active |
16 | | petition for certification in a bargaining unit; any employee |
17 | | of a State agency who (i) is in a position that is |
18 | | Rutan-exempt, as designated by the employer, and completely |
19 | | exempt from jurisdiction B of the Personnel Code and (ii) was |
20 | | neither included in a bargaining unit nor subject to an active |
21 | | petition for certification in a bargaining unit; any term |
22 | | appointed employee of a State agency pursuant to Section 8b.18 |
23 | | or 8b.19 of the Personnel Code who was neither included in a |
24 | | bargaining unit nor subject to an active petition for |
25 | | certification in a bargaining unit; any employment position |
26 | | properly designated pursuant to Section 6.1 of this Act;
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1 | | confidential employees; independent contractors; and |
2 | | supervisors except as
provided in this Act.
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3 | | Home care
and home health workers who function as personal |
4 | | assistants and individual maintenance home health workers and |
5 | | who also work under the Home Services Program under Section 3 |
6 | | of the Disabled Persons Rehabilitation Act shall not be |
7 | | considered
public
employees for any purposes not specifically |
8 | | provided for in Public Act 93-204 or Public Act 97-1158, |
9 | | including but not limited to, purposes of vicarious
liability |
10 | | in tort
and purposes of statutory retirement or health |
11 | | insurance benefits. Home care and home health workers who |
12 | | function as personal assistants and individual maintenance |
13 | | home health workers and who also work under the Home Services |
14 | | Program under Section 3 of the Disabled Persons Rehabilitation |
15 | | Act shall not be covered by the State Employees
Group
Insurance |
16 | | Act of 1971 (5 ILCS 375/).
|
17 | | Child and day care home providers shall not be considered |
18 | | public employees for any purposes not specifically provided for |
19 | | in this amendatory Act of the 94th General Assembly, including |
20 | | but not limited to, purposes of vicarious liability in tort and |
21 | | purposes of statutory retirement or health insurance benefits. |
22 | | Child and day care home providers shall not be covered by the |
23 | | State Employees Group Insurance Act of 1971. |
24 | | Notwithstanding Section 9, subsection (c), or any other |
25 | | provisions of
this Act, all peace officers above the rank of |
26 | | captain in
municipalities with more than 1,000,000 inhabitants |
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1 | | shall be excluded
from this Act.
|
2 | | (o) Except as otherwise in subsection (o-5), "public |
3 | | employer" or "employer" means the State of Illinois; any
|
4 | | political subdivision of the State, unit of local government or |
5 | | school
district; authorities including departments, divisions, |
6 | | bureaus, boards,
commissions, or other agencies of the |
7 | | foregoing entities; and any person
acting within the scope of |
8 | | his or her authority, express or implied, on
behalf of those |
9 | | entities in dealing with its employees.
As of the effective |
10 | | date of the amendatory Act of the 93rd General Assembly,
but |
11 | | not
before, the State of Illinois shall be considered the |
12 | | employer of the personal assistants working under the Home |
13 | | Services Program
under
Section 3 of the Disabled Persons |
14 | | Rehabilitation Act, subject to the
limitations set forth
in |
15 | | this Act and in the Disabled Persons Rehabilitation Act. As of |
16 | | January 29, 2013 (the effective date of Public Act 97-1158), |
17 | | but not before except as otherwise provided in this subsection |
18 | | (o), the State shall be considered the employer of home care |
19 | | and home health workers who function as personal assistants and |
20 | | individual maintenance home health workers and who also work |
21 | | under the Home Services Program under Section 3 of the Disabled |
22 | | Persons Rehabilitation Act, no matter whether the State |
23 | | provides those services through direct fee-for-service |
24 | | arrangements, with the assistance of a managed care |
25 | | organization or other intermediary, or otherwise, but subject |
26 | | to the limitations set forth in this Act and the Disabled |
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1 | | Persons Rehabilitation Act. The State shall not
be
considered |
2 | | to be the employer of home care and home health workers who |
3 | | function as personal
assistants and individual maintenance |
4 | | home health workers and who also work under the Home Services |
5 | | Program under Section 3 of the Disabled Persons Rehabilitation |
6 | | Act, for any
purposes not specifically provided for in Public |
7 | | Act 93-204 or Public Act 97-1158, including but not limited to, |
8 | | purposes of vicarious liability in tort
and
purposes of |
9 | | statutory retirement or health insurance benefits. Home care |
10 | | and home health workers who function as
personal assistants and |
11 | | individual maintenance home health workers and who also work |
12 | | under the Home Services Program under Section 3 of the Disabled |
13 | | Persons Rehabilitation Act shall not be covered by the State |
14 | | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the |
15 | | effective date of this amendatory Act of the 94th General |
16 | | Assembly but not before, the State of Illinois shall be |
17 | | considered the employer of the day and child care home |
18 | | providers participating in the child care assistance program |
19 | | under Section 9A-11 of the Illinois Public Aid Code, subject to |
20 | | the limitations set forth in this Act and in Section 9A-11 of |
21 | | the Illinois Public Aid Code. The State shall not be considered |
22 | | to be the employer of child and day care home providers for any |
23 | | purposes not specifically provided for in this amendatory Act |
24 | | of the 94th General Assembly, including but not limited to, |
25 | | purposes of vicarious liability in tort and purposes of |
26 | | statutory retirement or health insurance benefits. Child and |
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1 | | day care home providers shall not be covered by the State |
2 | | Employees Group Insurance Act of 1971. |
3 | | "Public employer" or
"employer" as used in this Act, |
4 | | however, does not
mean and shall not include the General |
5 | | Assembly of the State of Illinois,
the Executive Ethics |
6 | | Commission, the Offices of the Executive Inspectors
General, |
7 | | the Legislative Ethics Commission, the Office of the |
8 | | Legislative
Inspector General, the Office of the Auditor |
9 | | General's Inspector General, the Office of the Governor, the |
10 | | Governor's Office of Management and Budget, the Illinois |
11 | | Finance Authority, the Office of the Lieutenant Governor, the |
12 | | State Board of Elections, and educational employers or |
13 | | employers as defined in the Illinois
Educational Labor |
14 | | Relations Act, except with respect to a state university in
its |
15 | | employment of firefighters and peace officers and except with |
16 | | respect to a school district in the employment of peace |
17 | | officers in its own police department in existence on the |
18 | | effective date of this amendatory Act of the 96th General |
19 | | Assembly. County boards and county
sheriffs shall be
designated |
20 | | as joint or co-employers of county peace officers appointed
|
21 | | under the authority of a county sheriff. Nothing in this |
22 | | subsection
(o) shall be construed
to prevent the State Panel or |
23 | | the Local Panel
from determining that employers are joint or |
24 | | co-employers.
|
25 | | (o-5) With respect to
wages, fringe
benefits, hours, |
26 | | holidays, vacations, proficiency
examinations, sick leave, and |
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1 | | other conditions of
employment, the public employer of public |
2 | | employees who are court reporters, as
defined in the Court |
3 | | Reporters Act, shall be determined as
follows:
|
4 | | (1) For court reporters employed by the Cook County |
5 | | Judicial
Circuit, the chief judge of the Cook County |
6 | | Circuit
Court is the public employer and employer |
7 | | representative.
|
8 | | (2) For court reporters employed by the 12th, 18th, |
9 | | 19th, and, on and after December 4, 2006, the 22nd judicial
|
10 | | circuits, a group consisting of the chief judges of those |
11 | | circuits, acting
jointly by majority vote, is the public |
12 | | employer and employer representative.
|
13 | | (3) For court reporters employed by all other judicial |
14 | | circuits,
a group consisting of the chief judges of those |
15 | | circuits, acting jointly by
majority vote, is the public |
16 | | employer and employer representative.
|
17 | | (p) "Security employee" means an employee who is |
18 | | responsible for the
supervision and control of inmates at |
19 | | correctional facilities. The term
also includes other |
20 | | non-security employees in bargaining units having the
majority |
21 | | of employees being responsible for the supervision and control |
22 | | of
inmates at correctional facilities.
|
23 | | (q) "Short-term employee" means an employee who is employed |
24 | | for less
than 2 consecutive calendar quarters during a calendar |
25 | | year and who does
not have a reasonable assurance that he or |
26 | | she will be rehired by the
same employer for the same service |
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1 | | in a subsequent calendar year.
|
2 | | (q-5) "State agency" means an agency directly responsible |
3 | | to the Governor, as defined in Section 3.1 of the Executive |
4 | | Reorganization Implementation Act, and the Illinois Commerce |
5 | | Commission, the Illinois Workers' Compensation Commission, the |
6 | | Civil Service Commission, the Pollution Control Board, the |
7 | | Illinois Racing Board, and the Department of State Police Merit |
8 | | Board. |
9 | | (r) "Supervisor" is: |
10 | | (1) An employee whose principal work is substantially
|
11 | | different from that of his or her subordinates and who has |
12 | | authority, in the
interest of the employer, to hire, |
13 | | transfer, suspend, lay off, recall,
promote, discharge, |
14 | | direct, reward, or discipline employees, to adjust
their |
15 | | grievances, or to effectively recommend any of those |
16 | | actions, if the
exercise
of that authority is not of a |
17 | | merely routine or clerical nature, but
requires the |
18 | | consistent use of independent judgment. Except with |
19 | | respect to
police employment, the term "supervisor" |
20 | | includes only those individuals
who devote a preponderance |
21 | | of their employment time to exercising that
authority, |
22 | | State supervisors notwithstanding. Nothing in this |
23 | | definition prohibits an individual from also meeting the |
24 | | definition of "managerial employee" under subsection (j) |
25 | | of this Section. In addition, in determining
supervisory |
26 | | status in police employment, rank shall not be |
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1 | | determinative.
The Board shall consider, as evidence of |
2 | | bargaining unit inclusion or
exclusion, the common law |
3 | | enforcement policies and relationships between
police |
4 | | officer ranks and certification under applicable civil |
5 | | service law,
ordinances, personnel codes, or Division 2.1 |
6 | | of Article 10 of the Illinois
Municipal Code, but these |
7 | | factors shall not
be the sole or predominant factors |
8 | | considered by the Board in determining
police supervisory |
9 | | status.
|
10 | | Notwithstanding the provisions of the preceding |
11 | | paragraph, in determining
supervisory status in fire |
12 | | fighter employment, no fire fighter shall be
excluded as a |
13 | | supervisor who has established representation rights under
|
14 | | Section 9 of this Act. Further, in new fire fighter units, |
15 | | employees shall
consist of fire fighters of the rank of |
16 | | company officer and below. If a company officer otherwise |
17 | | qualifies as a supervisor under the preceding paragraph, |
18 | | however, he or she shall
not be included in the fire |
19 | | fighter
unit. If there is no rank between that of chief and |
20 | | the
highest company officer, the employer may designate a |
21 | | position on each
shift as a Shift Commander, and the |
22 | | persons occupying those positions shall
be supervisors. |
23 | | All other ranks above that of company officer shall be
|
24 | | supervisors.
|
25 | | (2) With respect only to State employees in positions |
26 | | under the jurisdiction of the Attorney General, Secretary |
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1 | | of State, Comptroller, or Treasurer (i) that were certified |
2 | | in a bargaining unit on or after December 2, 2008, (ii) for |
3 | | which a petition is filed with the Illinois Public Labor |
4 | | Relations Board on or after April 5, 2013 (the effective |
5 | | date of Public Act 97-1172), or (iii) for which a petition |
6 | | is pending before the Illinois Public Labor Relations Board |
7 | | on that date, an employee who qualifies as a supervisor |
8 | | under (A) Section 152 of the National Labor Relations Act |
9 | | and (B) orders of the National Labor Relations Board |
10 | | interpreting that provision or decisions of courts |
11 | | reviewing decisions of the National Labor Relations Board. |
12 | | (s)(1) "Unit" means a class of jobs or positions that are |
13 | | held by
employees whose collective interests may suitably be |
14 | | represented by a labor
organization for collective bargaining. |
15 | | Except with respect to non-State fire
fighters and paramedics |
16 | | employed by fire departments and fire protection
districts, |
17 | | non-State peace officers, and peace officers in the Department |
18 | | of
State Police, a bargaining unit determined by the Board |
19 | | shall not include both
employees and supervisors, or |
20 | | supervisors only, except as provided in paragraph
(2) of this |
21 | | subsection (s) and except for bargaining units in existence on |
22 | | July
1, 1984 (the effective date of this Act). With respect to |
23 | | non-State fire
fighters and paramedics employed by fire |
24 | | departments and fire protection
districts, non-State peace |
25 | | officers, and peace officers in the Department of
State Police, |
26 | | a bargaining unit determined by the Board shall not include |
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1 | | both
supervisors and nonsupervisors, or supervisors only, |
2 | | except as provided in
paragraph (2) of this subsection (s) and |
3 | | except for bargaining units in
existence on January 1, 1986 |
4 | | (the effective date of this amendatory Act of
1985). A |
5 | | bargaining unit determined by the Board to contain peace |
6 | | officers
shall contain no employees other than peace officers |
7 | | unless otherwise agreed to
by the employer and the labor |
8 | | organization or labor organizations involved.
Notwithstanding |
9 | | any other provision of this Act, a bargaining unit, including a
|
10 | | historical bargaining unit, containing sworn peace officers of |
11 | | the Department
of Natural Resources (formerly designated the |
12 | | Department of Conservation) shall
contain no employees other |
13 | | than such sworn peace officers upon the effective
date of this |
14 | | amendatory Act of 1990 or upon the expiration date of any
|
15 | | collective bargaining agreement in effect upon the effective |
16 | | date of this
amendatory Act of 1990 covering both such sworn |
17 | | peace officers and other
employees.
|
18 | | (2) Notwithstanding the exclusion of supervisors from |
19 | | bargaining units
as provided in paragraph (1) of this |
20 | | subsection (s), a public
employer may agree to permit its |
21 | | supervisory employees to form bargaining units
and may bargain |
22 | | with those units. This Act shall apply if the public employer
|
23 | | chooses to bargain under this subsection.
|
24 | | (3) Public employees who are court reporters, as defined
in |
25 | | the Court Reporters Act,
shall be divided into 3 units for |
26 | | collective bargaining purposes. One unit
shall be court |
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1 | | reporters employed by the Cook County Judicial Circuit; one
|
2 | | unit shall be court reporters employed by the 12th, 18th, 19th, |
3 | | and, on and after December 4, 2006, the 22nd judicial
circuits; |
4 | | and one unit shall be court reporters employed by all other
|
5 | | judicial circuits.
|
6 | | (t) "Active petition for certification in a bargaining |
7 | | unit" means a petition for certification filed with the Board |
8 | | under one of the following case numbers: S-RC-11-110; |
9 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; |
10 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; |
11 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; |
12 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
13 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; |
14 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; |
15 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; |
16 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; |
17 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; |
18 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; |
19 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; |
20 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; |
21 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or |
22 | | S-RC-07-100. |
23 | | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; |
24 | | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff. |
25 | | 8-18-14.)
|
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1 | | (5 ILCS 315/6) (from Ch. 48, par. 1606)
|
2 | | Sec. 6. Right to organize and bargain collectively; |
3 | | exclusive
representation ; and fair share arrangements . |
4 | | (a) Employees of the State and
any political subdivision of |
5 | | the State, excluding employees of the General
Assembly of the |
6 | | State of Illinois and employees excluded from the definition of |
7 | | "public employee" under subsection (n) of Section 3 of this |
8 | | Act, have, and are protected in the exercise
of, the right of |
9 | | self-organization,
and may form, join or assist any labor |
10 | | organization, to bargain collectively
through representatives |
11 | | of their own choosing on questions of wages, hours
and other |
12 | | conditions of employment, not excluded by Section 4 of this |
13 | | Act,
and to engage in other concerted activities not otherwise |
14 | | prohibited by law
for the purposes of collective bargaining or |
15 | | other mutual aid or protection,
free from interference, |
16 | | restraint or coercion. Employees also have, and
are protected |
17 | | in the exercise of, the right to refrain from participating
in |
18 | | any such concerted activities. Employees also have the right |
19 | | not to become or remain a member of a labor organization, or to |
20 | | pay any dues, fees, assessments, or other similar charges, |
21 | | however denominated, of any kind or amount to a labor |
22 | | organization may be required,
pursuant to the terms of a lawful |
23 | | fair share agreement, to pay a fee which
shall be their |
24 | | proportionate share
of the costs of the collective bargaining |
25 | | process, contract administration
and pursuing matters |
26 | | affecting wages, hours and other conditions of employment
as |
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1 | | defined in Section 3(g) .
|
2 | | (b) Nothing in this Act prevents an employee from |
3 | | presenting a grievance
to the employer and having the grievance |
4 | | heard and settled without the
intervention of an employee |
5 | | organization; provided that the exclusive
bargaining |
6 | | representative is afforded the opportunity to be present at |
7 | | such
conference and that any settlement made shall not be |
8 | | inconsistent with the
terms of any agreement in effect between |
9 | | the employer and the exclusive
bargaining representative.
|
10 | | (c) A labor organization designated by the Board as the |
11 | | representative
of the majority of public employees in an |
12 | | appropriate unit in accordance
with the procedures herein or |
13 | | recognized
by a public employer as the representative of the |
14 | | majority of public employees
in an appropriate unit is the |
15 | | exclusive representative for the employees
of such unit for the |
16 | | purpose of collective bargaining with respect to rates
of pay, |
17 | | wages, hours and other conditions of employment not excluded by
|
18 | | Section 4 of this Act. A public employer is required upon |
19 | | request to furnish the exclusive bargaining representative |
20 | | with a complete list of the names and addresses of the public |
21 | | employees in the bargaining unit, provided that a public |
22 | | employer shall not be required to furnish such a list more than |
23 | | once per payroll period. The exclusive bargaining |
24 | | representative shall use the list exclusively for bargaining |
25 | | representation purposes and shall not disclose any information |
26 | | contained in the list for any other purpose. Nothing in this |
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1 | | Section, however, shall prohibit a bargaining representative |
2 | | from disseminating a list of its union members.
|
3 | | (d) Labor organizations recognized by a public employer as |
4 | | the exclusive
representative or so designated in accordance |
5 | | with the provisions of this
Act are responsible for |
6 | | representing the interests of all public employees
in the unit. |
7 | | Nothing herein shall be construed to limit an exclusive
|
8 | | representative's right to exercise its discretion to refuse to |
9 | | process
grievances of employees that are unmeritorious.
|
10 | | (e) When a collective bargaining agreement is entered into |
11 | | with an exclusive
representative, it may include in the |
12 | | agreement a provision requiring employees
covered by the |
13 | | agreement who are not members of the organization to pay
their |
14 | | proportionate share of the costs of the collective bargaining |
15 | | process,
contract administration and pursuing matters |
16 | | affecting wages, hours and
conditions of employment, as defined |
17 | | in Section 3 (g), but not to exceed
the amount of dues |
18 | | uniformly required of members. The organization shall
certify |
19 | | to the employer the amount constituting each nonmember |
20 | | employee's
proportionate share which shall not exceed dues |
21 | | uniformly required of members.
In such case, the proportionate |
22 | | share payment in this Section shall be deducted
by the employer |
23 | | from the earnings of the nonmember employees and paid to
the |
24 | | employee organization.
|
25 | | (f) Only the exclusive representative may negotiate
|
26 | | provisions in a collective bargaining agreement providing for |
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1 | | the payroll
deduction of labor organization dues, fair share |
2 | | payment, initiation fees
and assessments. Except as provided in |
3 | | subsection (e) of this Section, any
such deductions shall only |
4 | | be made upon an employee's written
authorization, and continued |
5 | | until revoked in writing in the same manner or
until the |
6 | | termination date of an applicable collective bargaining
|
7 | | agreement. Such payments shall be paid to the exclusive |
8 | | representative.
|
9 | | Where a collective bargaining agreement is terminated, or |
10 | | continues in effect beyond its scheduled expiration date |
11 | | pending the negotiation of a successor agreement or the |
12 | | resolution of an impasse under Section 14, the employer shall |
13 | | continue to honor and abide by any dues deduction or fair share |
14 | | clause contained therein until a new agreement is reached |
15 | | including dues deduction or a fair share clause . For the |
16 | | benefit of any successor exclusive representative certified |
17 | | under this Act, this provision shall be applicable, provided |
18 | | the successor exclusive representative: |
19 | | (i) certifies to the employer the amount constituting |
20 | | each non-member's proportionate share under subsection |
21 | | (e); or |
22 | | (ii) presents the employer with employee written |
23 | | authorizations for the deduction of dues, assessments, and |
24 | | fees under this subsection. |
25 | | Failure to so honor and abide by dues deduction or fair |
26 | | share clauses for the benefit of any exclusive representative, |
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1 | | including a successor, shall be a violation of the duty to |
2 | | bargain and an unfair labor practice.
|
3 | | (g) (Blank). Agreements containing a fair share agreement |
4 | | must safeguard the right
of nonassociation of employees based |
5 | | upon bona fide religious tenets or
teachings of a church or |
6 | | religious body of which such employees are members.
Such |
7 | | employees may be required to pay an amount equal to their fair |
8 | | share,
determined under a lawful fair share agreement, to a |
9 | | nonreligious charitable
organization mutually agreed upon by |
10 | | the employees affected and the exclusive
bargaining |
11 | | representative to which such employees would otherwise pay such
|
12 | | service fee. If the affected employees and the bargaining |
13 | | representative
are unable to reach an agreement on the matter, |
14 | | the Board may establish an
approved list of charitable |
15 | | organizations to which such payments may be made.
|
16 | | (Source: P.A. 97-1172, eff. 4-5-13.)
|
17 | | (5 ILCS 315/10) (from Ch. 48, par. 1610)
|
18 | | Sec. 10. Unfair labor practices.
|
19 | | (a) It shall be an unfair labor practice
for an employer or |
20 | | its agents:
|
21 | | (1) to interfere with, restrain or coerce public |
22 | | employees in the
exercise of the rights guaranteed in this |
23 | | Act or to dominate or interfere
with the formation, |
24 | | existence or administration of any labor organization
or |
25 | | contribute financial or other support to it; provided, an |
|
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|
1 | | employer shall
not be prohibited from permitting employees |
2 | | to confer with him during
working hours without loss of |
3 | | time or pay;
|
4 | | (2) to discriminate in regard to hire or tenure of |
5 | | employment or any term
or condition of employment in order |
6 | | to encourage or discourage membership
in or other support |
7 | | for any labor organization including requiring the payment |
8 | | of any dues, fees, assessments, or other similar charges, |
9 | | however denominated, of any kind or amount to a labor |
10 | | organization or to a charity in lieu of a payment to a |
11 | | labor organization . Nothing in this Act or any
other law |
12 | | precludes a public employer from making an agreement with a |
13 | | labor
organization to require as a condition of employment |
14 | | the payment of a fair
share under paragraph (e) of Section |
15 | | 6 ;
|
16 | | (3) to discharge or otherwise discriminate against a |
17 | | public employee because
he has signed or filed an |
18 | | affidavit, petition or charge or provided any
information |
19 | | or testimony under this Act;
|
20 | | (4) to refuse to bargain collectively in good faith |
21 | | with a labor
organization which is the exclusive |
22 | | representative of public employees in
an appropriate unit, |
23 | | including, but not limited to, the discussing of
grievances |
24 | | with the exclusive representative;
|
25 | | (5) to violate any of the rules and regulations |
26 | | established by the Board
with jurisdiction over them |
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1 | | relating to the conduct of representation elections
or the |
2 | | conduct affecting the representation elections;
|
3 | | (6) to expend or cause the expenditure of public funds |
4 | | to any external
agent, individual, firm, agency, |
5 | | partnership or association in any attempt
to influence the |
6 | | outcome of representational elections held pursuant to
|
7 | | Section 9 of this Act; provided, that nothing in this |
8 | | subsection shall be
construed to limit an employer's right |
9 | | to internally communicate with its
employees as provided in |
10 | | subsection (c) of this Section, to be represented
on any |
11 | | matter pertaining to unit determinations, unfair labor |
12 | | practice
charges or pre-election conferences in any formal |
13 | | or informal proceeding
before the Board, or to seek or |
14 | | obtain advice from legal counsel.
Nothing in this paragraph |
15 | | shall be construed to prohibit an employer from
expending |
16 | | or causing the expenditure of public funds on, or seeking |
17 | | or
obtaining services or advice from, any organization, |
18 | | group, or association
established by and including public |
19 | | or educational employers, whether
covered by this Act, the |
20 | | Illinois Educational Labor Relations Act or the
public |
21 | | employment labor relations law of any other state or the |
22 | | federal
government, provided that such services or advice |
23 | | are generally available
to the membership of the |
24 | | organization, group or association, and are not
offered |
25 | | solely in an attempt to influence the outcome of a |
26 | | particular
representational election; or
|
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1 | | (7) to refuse to reduce a collective bargaining |
2 | | agreement to writing
or to refuse to sign such agreement ; |
3 | | or . |
4 | | (8) to require or attempt to require, as a condition or |
5 | | continuance of employment, that any public employee become |
6 | | or remain a member of a labor organization; or pay any |
7 | | dues, fees, assessments, or other similar charges, however |
8 | | denominated, of any kind or amount to a labor organization; |
9 | | or pay to any charity or other third party, in lieu of such |
10 | | payments, any amount equivalent to or pro rata portion of |
11 | | dues, fees, assessments, or other charges required of |
12 | | members of a labor organization.
|
13 | | (b) It shall be an unfair labor practice for a labor |
14 | | organization or its agents:
|
15 | | (1) to restrain or coerce public employees in the |
16 | | exercise of the rights
guaranteed in this Act, provided, |
17 | | (i) that this paragraph shall
not impair the right of a |
18 | | labor organization to prescribe its own rules
with respect |
19 | | to the acquisition or retention of membership therein or |
20 | | the
determination of fair share payments and (ii) that a |
21 | | labor organization
or its agents shall commit an unfair |
22 | | labor practice under this paragraph in
duty of fair |
23 | | representation cases only by intentional misconduct in
|
24 | | representing employees under this Act;
|
25 | | (2) to restrain or coerce a public employer in the |
26 | | selection of his
representatives for the purposes of |
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1 | | collective bargaining or the settlement
of grievances; or
|
2 | | (3) to cause, or attempt to cause, an employer to |
3 | | discriminate against
an employee in violation of |
4 | | subsection (a)(2);
|
5 | | (4) to refuse to bargain collectively in good faith |
6 | | with a public employer,
if it has been designated in |
7 | | accordance with the provisions of this Act
as the exclusive |
8 | | representative of public employees in an appropriate unit;
|
9 | | (5) to violate any of the rules and regulations |
10 | | established by the
boards with jurisdiction over them |
11 | | relating to the conduct of
representation elections or the |
12 | | conduct affecting the representation elections;
|
13 | | (6) to discriminate against any employee because he has |
14 | | signed or filed
an affidavit, petition or charge or |
15 | | provided any information or testimony
under this Act;
|
16 | | (7) to picket or cause to be picketed, or threaten to |
17 | | picket or cause
to be picketed, any public employer where |
18 | | an object thereof is forcing or
requiring an employer to |
19 | | recognize or bargain with a labor organization
of the |
20 | | representative of its employees, or forcing or requiring |
21 | | the employees
of an employer to accept or select such labor |
22 | | organization as their collective
bargaining |
23 | | representative, unless such labor organization is |
24 | | currently
certified as the representative of such |
25 | | employees:
|
26 | | (A) where the employer has lawfully recognized in |
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1 | | accordance with this
Act any labor organization and a |
2 | | question concerning representation may
not |
3 | | appropriately be raised under Section 9 of this Act;
|
4 | | (B) where within the preceding 12 months a valid |
5 | | election under Section
9 of this Act has been |
6 | | conducted; or
|
7 | | (C) where such picketing has been conducted |
8 | | without a petition under Section
9 being filed within a |
9 | | reasonable period of time not to exceed 30 days from
|
10 | | the commencement of such picketing; provided that when |
11 | | such a petition has
been filed the Board shall |
12 | | forthwith, without regard to the provisions of
|
13 | | subsection (a) of Section 9 or the absence of a showing |
14 | | of a substantial
interest on the part of the labor |
15 | | organization, direct an election in such
unit as the |
16 | | Board finds to be appropriate and shall certify the |
17 | | results
thereof; provided further, that nothing in |
18 | | this subparagraph shall be construed
to prohibit any |
19 | | picketing or other publicity for the purpose of |
20 | | truthfully
advising the public that an employer does |
21 | | not employ members of, or have a
contract with, a labor |
22 | | organization unless an effect of such picketing is
to |
23 | | induce any individual employed by any other person in |
24 | | the course of his
employment, not to pick up, deliver, |
25 | | or transport any goods or not to
perform any services; |
26 | | or
|
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1 | | (8) to refuse to reduce a collective bargaining |
2 | | agreement to writing
or to refuse to sign such agreement ; |
3 | | or . |
4 | | (9) to require or attempt to require, as a condition or |
5 | | continuance of employment, that any public employee become |
6 | | or remain a member of a labor organization; pay any dues, |
7 | | fees, assessments, or other similar charges, however |
8 | | denominated, of any kind or amount to a labor organization; |
9 | | or pay to any charity or other third party, in lieu of such |
10 | | payments, any amount equivalent to or pro rata portion of |
11 | | dues, fees, assessments, or other charges required of |
12 | | members of a labor organization.
|
13 | | (c) The expressing of any views, argument, or opinion or |
14 | | the
dissemination thereof, whether in written, printed, |
15 | | graphic, or visual
form, shall not constitute or be evidence of |
16 | | an unfair labor practice under
any of the provisions of this |
17 | | Act, if such expression contains no threat of
reprisal or force |
18 | | or promise of benefit.
|
19 | | (Source: P.A. 86-412; 87-736.)
|
20 | | (15 ILCS 405/16.2 rep.) |
21 | | Section 82. The State Comptroller Act is amended by |
22 | | repealing Section 16.2. |
23 | | (30 ILCS 5/3-8.5 rep.) |
24 | | Section 84. The Illinois State Auditing Act is amended by |
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1 | | repealing Section 3-8.5. |
2 | | Section 86. The Illinois Educational Labor Relations Act is |
3 | | amended by changing Sections 3 and 14 as follows:
|
4 | | (115 ILCS 5/3) (from Ch. 48, par. 1703)
|
5 | | Sec. 3. Employee rights. |
6 | | (a) It shall be lawful for educational employees
to |
7 | | organize, form, join, or assist in employee organizations or |
8 | | engage in
lawful concerted activities for the purpose of |
9 | | collective bargaining or
other mutual aid and protection or |
10 | | bargain collectively through representatives
of their own free |
11 | | choice and, except as provided in Section 11, such employees
|
12 | | shall also have the right to refrain from any or all such |
13 | | activities. Employees also have the right not to become or |
14 | | remain a member of a labor organization, or to pay any dues, |
15 | | fees, assessments, or other similar charges, however |
16 | | denominated, of any kind or amount to a labor organization.
|
17 | | (b) Representatives selected by educational employees in a |
18 | | unit appropriate
for collective bargaining purposes shall be |
19 | | the exclusive representative
of all the employees in such unit |
20 | | to
bargain on wages, hours, terms and conditions of employment. |
21 | | However,
any individual employee or a group of employees may at |
22 | | any time present
grievances to their employer and have them |
23 | | adjusted without the intervention
of the bargaining |
24 | | representative as long as the adjustment is not inconsistent
|
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1 | | with the terms of a collective bargaining agreement then in |
2 | | effect, provided
that the bargaining representative has been |
3 | | given an opportunity to be present
at such adjustment.
|
4 | | (Source: P.A. 83-1014.)
|
5 | | (115 ILCS 5/14) (from Ch. 48, par. 1714)
|
6 | | Sec. 14. Unfair labor practices.
|
7 | | (a) Educational employers, their agents
or representatives |
8 | | are prohibited from:
|
9 | | (1) Interfering, restraining or coercing employees in |
10 | | the exercise of
the rights guaranteed under this Act.
|
11 | | (2) Dominating or interfering with the formation, |
12 | | existence or
administration of any employee organization.
|
13 | | (3) Discriminating in regard to hire or tenure of |
14 | | employment or any term
or condition of employment to |
15 | | encourage or discourage membership in any
employee |
16 | | organization.
|
17 | | (4) Discharging or otherwise discriminating against an |
18 | | employee because
he or she has signed or filed an |
19 | | affidavit, authorization card, petition or
complaint or |
20 | | given any information or testimony under this Act.
|
21 | | (5) Refusing to bargain collectively in good faith with |
22 | | an employee
representative which is the exclusive |
23 | | representative of employees in an
appropriate unit, |
24 | | including but not limited to the discussing of grievances
|
25 | | with the exclusive representative; provided, however, that |
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1 | | if an alleged
unfair labor practice involves |
2 | | interpretation or application of the terms
of a collective |
3 | | bargaining agreement and said agreement contains a
|
4 | | grievance and arbitration procedure, the Board may defer |
5 | | the resolution of
such dispute to the grievance and |
6 | | arbitration procedure contained in said
agreement.
|
7 | | (6) Refusing to reduce a collective bargaining |
8 | | agreement to writing and
signing such agreement.
|
9 | | (7) Violating any of the rules and regulations |
10 | | promulgated by the Board
regulating the conduct of |
11 | | representation elections.
|
12 | | (8) Refusing to comply with the provisions of a binding |
13 | | arbitration award.
|
14 | | (9) Expending or causing the expenditure of public |
15 | | funds to any
external agent, individual, firm, agency, |
16 | | partnership or association in any
attempt to influence the |
17 | | outcome of representational elections held
pursuant to |
18 | | paragraph (c) of Section 7 of this Act; provided, that |
19 | | nothing
in this subsection shall be construed to limit an |
20 | | employer's right to be
represented on any matter pertaining |
21 | | to unit determinations, unfair labor
practice charges or |
22 | | pre-election conferences in any formal or informal
|
23 | | proceeding before the Board, or to seek or obtain advice |
24 | | from legal counsel.
Nothing in this paragraph shall be |
25 | | construed to prohibit an employer from
expending or causing |
26 | | the expenditure of public funds on, or seeking or
obtaining |
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1 | | services or advice from, any organization, group or |
2 | | association
established by, and including educational or |
3 | | public employers, whether or
not covered by this Act, the |
4 | | Illinois Public Labor Relations Act or the
public |
5 | | employment labor relations law of any other state or the |
6 | | federal
government, provided that such services or advice |
7 | | are generally available
to the membership of the |
8 | | organization, group, or association, and are not
offered |
9 | | solely in an attempt to influence the outcome of a |
10 | | particular
representational election.
|
11 | | (10) Requiring or attempting to require, as a condition |
12 | | or continuance of employment, that employees become or |
13 | | remain a member of a labor organization; or pay any dues, |
14 | | fees, assessments, or other similar charges, however |
15 | | denominated, of any kind or amount to a labor organization; |
16 | | or pay to any charity or other third party, in lieu of such |
17 | | payments, any amount equivalent to or pro rata portion of |
18 | | dues, fees, assessments, or other charges required of |
19 | | members of a labor organization. |
20 | | (b) Employee organizations, their agents or |
21 | | representatives or educational
employees are prohibited from:
|
22 | | (1) Restraining or coercing employees in the exercise |
23 | | of the rights
guaranteed under this Act, provided that a |
24 | | labor organization or its
agents shall commit an unfair |
25 | | labor practice under this paragraph in duty
of fair |
26 | | representation cases only by intentional misconduct in |
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1 | | representing
employees under this Act.
|
2 | | (2) Restraining or coercing an educational employer in |
3 | | the selection of
his representative for the purposes of |
4 | | collective bargaining or the adjustment
of grievances.
|
5 | | (3) Refusing to bargain collectively in good faith with |
6 | | an educational
employer, if they have been designated in |
7 | | accordance with the provisions
of this Act as the exclusive |
8 | | representative of employees in an appropriate
unit.
|
9 | | (4) Violating any of the rules and regulations |
10 | | promulgated by the Board
regulating the conduct of |
11 | | representation elections.
|
12 | | (5) Refusing to reduce a collective bargaining |
13 | | agreement to writing and
signing such agreement.
|
14 | | (6) Refusing to comply with the provisions of a binding |
15 | | arbitration award.
|
16 | | (7) Requiring or attempting to require, as a condition |
17 | | or continuance of employment, that employees become or |
18 | | remain a member of a labor organization; pay any dues, |
19 | | fees, assessments, or other similar charges, however |
20 | | denominated, of any kind or amount to a labor organization; |
21 | | or pay to any charity or other third party, in lieu of such |
22 | | payments, any amount equivalent to or pro rata portion of |
23 | | dues, fees, assessments, or other charges required of |
24 | | members of a labor organization. |
25 | | (c) The expressing of any views, argument, opinion or the
|
26 | | dissemination thereof, whether in written, printed, graphic or |
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| | HB4139 | - 43 - | LRB099 09197 JLS 29400 b |
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1 | | visual form,
shall not constitute or be evidence of an unfair |
2 | | labor practice under any
of the provisions of this Act, if such |
3 | | expression contains no threat of
reprisal or force or promise |
4 | | of benefit.
|
5 | | (d) The actions of a Financial Oversight Panel created |
6 | | pursuant to Section
1A-8
of the School Code due to a district |
7 | | violating a financial plan shall not
constitute or be evidence |
8 | | of an unfair labor practice under any of the
provisions of this |
9 | | Act. Such actions include, but are not limited to,
reviewing, |
10 | | approving, or rejecting a school district budget or a |
11 | | collective
bargaining agreement.
|
12 | | (Source: P.A. 89-572, eff. 7-30-96.)
|
13 | | (115 ILCS 5/11 rep.) |
14 | | Section 88. The Illinois Educational Labor Relations Act is |
15 | | amended by repealing Section 11.
|
16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law.
|