99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4674

 

Introduced , by Rep. Mark Batinick

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/6  from Ch. 48, par. 1606
115 ILCS 5/8.5 new

    Amends the Illinois Public Labor Relations Act. Provides that a public employer is prohibited from providing the exclusive bargaining representative the social security numbers of public employees in the bargaining unit and the exclusive bargaining representative is prohibited from requesting the social security numbers of public employees in the bargaining unit. Amends the Illinois Educational Labor Relations Act to make similar changes. Effective immediately.


LRB099 15767 MLM 40071 b

 

 

A BILL FOR

 

HB4674LRB099 15767 MLM 40071 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 6 as follows:
 
6    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
7    Sec. 6. Right to organize and bargain collectively;
8exclusive representation; and fair share arrangements.
9    (a) Employees of the State and any political subdivision of
10the State, excluding employees of the General Assembly of the
11State of Illinois and employees excluded from the definition of
12"public employee" under subsection (n) of Section 3 of this
13Act, have, and are protected in the exercise of, the right of
14self-organization, and may form, join or assist any labor
15organization, to bargain collectively through representatives
16of their own choosing on questions of wages, hours and other
17conditions of employment, not excluded by Section 4 of this
18Act, and to engage in other concerted activities not otherwise
19prohibited by law for the purposes of collective bargaining or
20other mutual aid or protection, free from interference,
21restraint or coercion. Employees also have, and are protected
22in the exercise of, the right to refrain from participating in
23any such concerted activities. Employees may be required,

 

 

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1pursuant to the terms of a lawful fair share agreement, to pay
2a fee which shall be their proportionate share of the costs of
3the collective bargaining process, contract administration and
4pursuing matters affecting wages, hours and other conditions of
5employment as defined in Section 3(g).
6    (b) Nothing in this Act prevents an employee from
7presenting a grievance to the employer and having the grievance
8heard and settled without the intervention of an employee
9organization; provided that the exclusive bargaining
10representative is afforded the opportunity to be present at
11such conference and that any settlement made shall not be
12inconsistent with the terms of any agreement in effect between
13the employer and the exclusive bargaining representative.
14    (c) A labor organization designated by the Board as the
15representative of the majority of public employees in an
16appropriate unit in accordance with the procedures herein or
17recognized by a public employer as the representative of the
18majority of public employees in an appropriate unit is the
19exclusive representative for the employees of such unit for the
20purpose of collective bargaining with respect to rates of pay,
21wages, hours and other conditions of employment not excluded by
22Section 4 of this Act. A public employer is required upon
23request to furnish the exclusive bargaining representative
24with a complete list of the names and addresses of the public
25employees in the bargaining unit, provided that a public
26employer shall not be required to furnish such a list more than

 

 

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1once per payroll period. The exclusive bargaining
2representative shall use the list exclusively for bargaining
3representation purposes and shall not disclose any information
4contained in the list for any other purpose. A public employer
5is prohibited from providing the exclusive bargaining
6representative the social security numbers of public employees
7in the bargaining unit and the exclusive bargaining
8representative is prohibited from requesting the social
9security numbers of public employees in the bargaining unit.
10Nothing in this Section, however, shall prohibit a bargaining
11representative from disseminating a list of its union members.
12    (d) Labor organizations recognized by a public employer as
13the exclusive representative or so designated in accordance
14with the provisions of this Act are responsible for
15representing the interests of all public employees in the unit.
16Nothing herein shall be construed to limit an exclusive
17representative's right to exercise its discretion to refuse to
18process grievances of employees that are unmeritorious.
19    (e) When a collective bargaining agreement is entered into
20with an exclusive representative, it may include in the
21agreement a provision requiring employees covered by the
22agreement who are not members of the organization to pay their
23proportionate share of the costs of the collective bargaining
24process, contract administration and pursuing matters
25affecting wages, hours and conditions of employment, as defined
26in Section 3 (g), but not to exceed the amount of dues

 

 

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1uniformly required of members. The organization shall certify
2to the employer the amount constituting each nonmember
3employee's proportionate share which shall not exceed dues
4uniformly required of members. In such case, the proportionate
5share payment in this Section shall be deducted by the employer
6from the earnings of the nonmember employees and paid to the
7employee organization.
8    (f) Only the exclusive representative may negotiate
9provisions in a collective bargaining agreement providing for
10the payroll deduction of labor organization dues, fair share
11payment, initiation fees and assessments. Except as provided in
12subsection (e) of this Section, any such deductions shall only
13be made upon an employee's written authorization, and continued
14until revoked in writing in the same manner or until the
15termination date of an applicable collective bargaining
16agreement. Such payments shall be paid to the exclusive
17representative.
18    Where a collective bargaining agreement is terminated, or
19continues in effect beyond its scheduled expiration date
20pending the negotiation of a successor agreement or the
21resolution of an impasse under Section 14, the employer shall
22continue to honor and abide by any dues deduction or fair share
23clause contained therein until a new agreement is reached
24including dues deduction or a fair share clause. For the
25benefit of any successor exclusive representative certified
26under this Act, this provision shall be applicable, provided

 

 

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1the successor exclusive representative:
2        (i) certifies to the employer the amount constituting
3    each non-member's proportionate share under subsection
4    (e); or
5        (ii) presents the employer with employee written
6    authorizations for the deduction of dues, assessments, and
7    fees under this subsection.
8    Failure to so honor and abide by dues deduction or fair
9share clauses for the benefit of any exclusive representative,
10including a successor, shall be a violation of the duty to
11bargain and an unfair labor practice.
12    (g) Agreements containing a fair share agreement must
13safeguard the right of nonassociation of employees based upon
14bona fide religious tenets or teachings of a church or
15religious body of which such employees are members. Such
16employees may be required to pay an amount equal to their fair
17share, determined under a lawful fair share agreement, to a
18nonreligious charitable organization mutually agreed upon by
19the employees affected and the exclusive bargaining
20representative to which such employees would otherwise pay such
21service fee. If the affected employees and the bargaining
22representative are unable to reach an agreement on the matter,
23the Board may establish an approved list of charitable
24organizations to which such payments may be made.
25(Source: P.A. 97-1172, eff. 4-5-13.)
 

 

 

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1    Section 10. The Illinois Educational Labor Relations Act is
2amended by adding Section 8.5 as follows:
 
3    (115 ILCS 5/8.5 new)
4    Sec. 8.5. Nondisclosure of social security numbers. An
5employer is prohibited from providing the exclusive bargaining
6representative the social security numbers of employees in the
7bargaining unit and the exclusive bargaining representative is
8prohibited from requesting the social security numbers of
9employees in the bargaining unit.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.