Full Text of HB2975 101st General Assembly
HB2975sam001 101ST GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 5/3/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2975
| 2 | | AMENDMENT NO. ______. Amend House Bill 2975 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Uniform Arbitration Act is amended by | 5 | | adding Section 1.5 as follows: | 6 | | (710 ILCS 5/1.5 new) | 7 | | Sec. 1.5. Prohibition against requiring waiver of | 8 | | statutory rights as a condition of employment. | 9 | | (a) In this Section: | 10 | | "Employee" means any person employed by or suffered or | 11 | | permitted to work for an employer. "Employee" does not, | 12 | | however, mean any person employed as managerial, professional, | 13 | | or confidential employee as defined in subsection (c), (j), or | 14 | | (m) of Section 3 of the Illinois Public Labor Relations Act. | 15 | | "Employer" means any person, either individual, | 16 | | corporation, partnership, agency, or firm, that employs an |
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| 1 | | employee and includes any person, either individual, | 2 | | corporation, partnership, agency, or firm, acting directly or | 3 | | indirectly in the interest of an employer in relation to an | 4 | | employee, as well as the State of Illinois; any political | 5 | | subdivision of the State, unit of local government or school | 6 | | district; State college or university; fire protection | 7 | | district; authorities including departments, divisions, | 8 | | bureaus, boards, commissions, or other agencies of the | 9 | | foregoing entities; and any person acting within the scope of | 10 | | his or her authority, express or implied, on behalf of those | 11 | | entities in dealing with its employees. | 12 | | "Person seeking employment" means any person seeking to be | 13 | | employed by an employer. "Person seeking employment" does not, | 14 | | however, mean any person seeking to become a managerial, | 15 | | professional or confidential employee as defined in subsection | 16 | | (c), (j), or (m) of Section 3 of the Illinois Public Labor | 17 | | Relations Act. | 18 | | (b) Notwithstanding any provision of Illinois law to the | 19 | | contrary, no employer shall require as a condition or | 20 | | precondition of employment that any employee or person seeking | 21 | | employment waive, arbitrate, or otherwise diminish any | 22 | | existing or future claim, right, or benefit to which the | 23 | | employee or person seeking employment would otherwise be | 24 | | entitled under any provision of Illinois law or any federal | 25 | | law. | 26 | | (c) Nothing in this Section prohibits a labor union and an |
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| 1 | | employer from agreeing to an arbitration clause in the | 2 | | grievance resolution provisions of a collective bargaining | 3 | | agreement, however the existence of such an agreement does not | 4 | | waive an employee's individual right to file with the | 5 | | appropriate administrative agency or court.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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