Full Text of HB3339 97th General Assembly
HB3339ham002 97TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 3/29/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3339
| 2 | | AMENDMENT NO. ______. Amend House Bill 3339 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Section 10 as follows:
| 6 | | (5 ILCS 315/10) (from Ch. 48, par. 1610)
| 7 | | Sec. 10. Unfair labor practices.
| 8 | | (a) It shall be an unfair labor practice
for an employer or | 9 | | its agents:
| 10 | | (1) to interfere with, restrain or coerce public | 11 | | employees in the
exercise of the rights guaranteed in this | 12 | | Act or to dominate or interfere
with the formation, | 13 | | existence or administration of any labor organization
or | 14 | | contribute financial or other support to it; provided, an | 15 | | employer shall
not be prohibited from permitting employees | 16 | | to confer with him during
working hours without loss of |
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| 1 | | time or pay;
| 2 | | (2) to discriminate in regard to hire or tenure of | 3 | | employment or any term
or condition of employment in order | 4 | | to encourage or discourage membership
in or other support | 5 | | for any labor organization. Nothing in this Act or any
| 6 | | other law precludes a public employer from making an | 7 | | agreement with a labor
organization to require as a | 8 | | condition of employment the payment of a fair
share under | 9 | | paragraph (e) of Section 6;
| 10 | | (3) to discharge or otherwise discriminate against a | 11 | | public employee because
he has signed or filed an | 12 | | affidavit, petition or charge or provided any
information | 13 | | or testimony under this Act;
| 14 | | (4) to refuse to bargain collectively in good faith | 15 | | with a labor
organization which is the exclusive | 16 | | representative of public employees in
an appropriate unit, | 17 | | including, but not limited to, the discussing of
grievances | 18 | | with the exclusive representative;
| 19 | | (5) to violate any of the rules and regulations | 20 | | established by the Board
with jurisdiction over them | 21 | | relating to the conduct of representation elections
or the | 22 | | conduct affecting the representation elections;
| 23 | | (6) to expend or cause the expenditure of public funds | 24 | | to any external
agent, individual, firm, agency, | 25 | | partnership or association in any attempt
to influence the | 26 | | outcome of representational elections held pursuant to
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| 1 | | Section 9 of this Act; provided, that nothing in this | 2 | | subsection shall be
construed to limit an employer's right | 3 | | to internally communicate with its
employees as provided in | 4 | | subsection (c) of this Section, to be represented
on any | 5 | | matter pertaining to unit determinations, unfair labor | 6 | | practice
charges or pre-election conferences in any formal | 7 | | or informal proceeding
before the Board, or to seek or | 8 | | obtain advice from legal counsel.
Nothing in this paragraph | 9 | | shall be construed to prohibit an employer from
expending | 10 | | or causing the expenditure of public funds on, or seeking | 11 | | or
obtaining services or advice from, any organization, | 12 | | group, or association
established by and including public | 13 | | or educational employers, whether
covered by this Act, the | 14 | | Illinois Educational Labor Relations Act or the
public | 15 | | employment labor relations law of any other state or the | 16 | | federal
government, provided that such services or advice | 17 | | are generally available
to the membership of the | 18 | | organization, group or association, and are not
offered | 19 | | solely in an attempt to influence the outcome of a | 20 | | particular
representational election; or
| 21 | | (7) to refuse to reduce a collective bargaining | 22 | | agreement to writing
or to refuse to sign such agreement.
| 23 | | (b) It shall be an unfair labor practice for a labor | 24 | | organization or its agents:
| 25 | | (1) to restrain or coerce public employees in the | 26 | | exercise of the rights
guaranteed in this Act, provided, |
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| 1 | | (i) that this paragraph shall
not impair the right of a | 2 | | labor organization to prescribe its own rules
with respect | 3 | | to the acquisition or retention of membership therein or | 4 | | the
determination of fair share payments and (ii) that a | 5 | | labor organization
or its agents shall commit an unfair | 6 | | labor practice under this paragraph in
duty of fair | 7 | | representation cases only by intentional misconduct in
| 8 | | representing employees under this Act;
| 9 | | (2) to restrain or coerce a public employer in the | 10 | | selection of his
representatives for the purposes of | 11 | | collective bargaining or the settlement
of grievances; or
| 12 | | (3) to cause, or attempt to cause, an employer to | 13 | | discriminate against
an employee in violation of | 14 | | subsection (a)(2);
| 15 | | (4) to refuse to bargain collectively in good faith | 16 | | with a public employer,
if it has been designated in | 17 | | accordance with the provisions of this Act
as the exclusive | 18 | | representative of public employees in an appropriate unit; | 19 | | for the purposes of this paragraph (4), "to refuse to | 20 | | bargain collectively in good faith" includes engaging in | 21 | | conduct that repudiates an agreement lawfully ratified by | 22 | | the local certified bargaining representatives;
| 23 | | (5) to violate any of the rules and regulations | 24 | | established by the
boards with jurisdiction over them | 25 | | relating to the conduct of
representation elections or the | 26 | | conduct affecting the representation elections;
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| 1 | | (6) to discriminate against any employee because he has | 2 | | signed or filed
an affidavit, petition or charge or | 3 | | provided any information or testimony
under this Act;
| 4 | | (7) to picket or cause to be picketed, or threaten to | 5 | | picket or cause
to be picketed, any public employer where | 6 | | an object thereof is forcing or
requiring an employer to | 7 | | recognize or bargain with a labor organization
of the | 8 | | representative of its employees, or forcing or requiring | 9 | | the employees
of an employer to accept or select such labor | 10 | | organization as their collective
bargaining | 11 | | representative, unless such labor organization is | 12 | | currently
certified as the representative of such | 13 | | employees:
| 14 | | (A) where the employer has lawfully recognized in | 15 | | accordance with this
Act any labor organization and a | 16 | | question concerning representation may
not | 17 | | appropriately be raised under Section 9 of this Act;
| 18 | | (B) where within the preceding 12 months a valid | 19 | | election under Section
9 of this Act has been | 20 | | conducted; or
| 21 | | (C) where such picketing has been conducted | 22 | | without a petition under Section
9 being filed within a | 23 | | reasonable period of time not to exceed 30 days from
| 24 | | the commencement of such picketing; provided that when | 25 | | such a petition has
been filed the Board shall | 26 | | forthwith, without regard to the provisions of
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| 1 | | subsection (a) of Section 9 or the absence of a showing | 2 | | of a substantial
interest on the part of the labor | 3 | | organization, direct an election in such
unit as the | 4 | | Board finds to be appropriate and shall certify the | 5 | | results
thereof; provided further, that nothing in | 6 | | this subparagraph shall be construed
to prohibit any | 7 | | picketing or other publicity for the purpose of | 8 | | truthfully
advising the public that an employer does | 9 | | not employ members of, or have a
contract with, a labor | 10 | | organization unless an effect of such picketing is
to | 11 | | induce any individual employed by any other person in | 12 | | the course of his
employment, not to pick up, deliver, | 13 | | or transport any goods or not to
perform any services; | 14 | | or
| 15 | | (8) to refuse to reduce a collective bargaining | 16 | | agreement to writing
or to refuse to sign such agreement.
| 17 | | (c) The expressing of any views, argument, or opinion or | 18 | | the
dissemination thereof, whether in written, printed, | 19 | | graphic, or visual
form, shall not constitute or be evidence of | 20 | | an unfair labor practice under
any of the provisions of this | 21 | | Act, if such expression contains no threat of
reprisal or force | 22 | | or promise of benefit.
| 23 | | (Source: P.A. 86-412; 87-736.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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