Full Text of HB4148 103rd General Assembly
HB4148eng 103RD GENERAL ASSEMBLY | | | HB4148 Engrossed | | LRB103 34551 JDS 64386 b |
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| 1 | | AN ACT concerning government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Legislative Employee Labor Relations Act. | 6 | | Section 5. Policy. It is the public policy of the State of | 7 | | Illinois to grant legislative employees full freedom of | 8 | | association, self-organization, and designation of | 9 | | representatives of their own choosing for the purpose of | 10 | | negotiating wages, hours, and other conditions of employment. | 11 | | It is the purpose of this Act to regulate labor relations | 12 | | between the General Assembly and legislative employees, | 13 | | including the designation of employee representatives, the | 14 | | negotiation of wages, hours, and other conditions of | 15 | | employment, and the resolution of disputes arising under | 16 | | collective bargaining agreements. | 17 | | It is the purpose of this Act to prescribe the legitimate | 18 | | rights of both legislative employees and the General Assembly, | 19 | | to protect the public health and safety of the citizens of | 20 | | Illinois, and to provide peaceful and orderly procedures for | 21 | | protection of the rights of all. | 22 | | Section 10. Definitions. As used in this Act: |
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| 1 | | (a) "Board" means the Illinois Labor Relations Board, as | 2 | | defined in the Illinois Public Labor Relations Act, or, with | 3 | | respect to a matter over which the jurisdiction of the Board is | 4 | | assigned to the State Panel under Section 20, the State Panel. | 5 | | (b) "Collective bargaining" means bargaining over terms | 6 | | and conditions of employment, including hours, wages, and | 7 | | other conditions of employment, as detailed in Section 35 and | 8 | | which are not excluded by Section 15. | 9 | | (c) "Confidential employee" means an employee who, in the | 10 | | regular course of the employee's duties: | 11 | | (1) assists and acts in a confidential capacity to | 12 | | persons who formulate, determine, and effectuate | 13 | | management policies with regard to labor relations; or | 14 | | (2) has authorized access to information relating to | 15 | | the effectuation or review of the collective bargaining | 16 | | policies of the General Assembly. | 17 | | Determinations of confidential employee status shall be | 18 | | based on actual employee job duties and not solely on written | 19 | | job descriptions. | 20 | | (d) "District office employee" means any employee employed | 21 | | by a representative or senator and paid out of the office | 22 | | allowance that is provided to the representative or senator | 23 | | under Section 4 of the General Assembly Compensation Act. | 24 | | (e) "Excluded employee" means an employee involved in | 25 | | negotiating legislation, formulating policies concerning | 26 | | legislation, making decisions regarding legislative matters, |
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| 1 | | negotiating rulemaking, formulating policies concerning | 2 | | rulemaking, or making decisions regarding rulemaking. | 3 | | (f) "Exclusive representative" means the labor | 4 | | organization that has been (i) designated by the Board as the | 5 | | representative of a majority of legislative employees in an | 6 | | appropriate bargaining unit in accordance with the procedures | 7 | | contained in this Act or (ii) recognized by the Office of State | 8 | | Legislative Labor Relations upon evidence, acceptable to the | 9 | | Board, that the labor organization has been designated as the | 10 | | exclusive representative by a majority of the legislative | 11 | | employees in an appropriate bargaining unit. | 12 | | (g) (Reserved). | 13 | | (h) "General Assembly" or "General Assembly of the State | 14 | | of Illinois" means the legislative branch of the government of | 15 | | the State of Illinois, as provided for under Article IV of the | 16 | | Constitution of the State of Illinois, and includes, but is | 17 | | not limited to, the House of Representatives, the Senate, the | 18 | | Speaker of the House of Representatives, the Minority Leader | 19 | | of the House of Representatives, the President of the Senate, | 20 | | the Minority Leader of the Senate, the Joint Committee on | 21 | | Legislative Support Services, and any legislative support | 22 | | services agency. | 23 | | (i) "Joint Committee" or "Joint Committee on Legislative | 24 | | Support Services" means the Joint Committee on Legislative | 25 | | Support Services created under Section 1-2 of the Legislative | 26 | | Commission Reorganization Act of 1984. |
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| 1 | | (j) "Labor organization" means any organization in which | 2 | | legislative employees participate and that exists for the | 3 | | purpose, in whole or in part, of dealing with the Office of | 4 | | State Legislative Labor Relations on behalf of the General | 5 | | Assembly concerning wages, hours, and other terms and | 6 | | conditions of employment, including the settlement of | 7 | | grievances. | 8 | | (k) "Legislative employee" means any employee of the | 9 | | General Assembly of the State of Illinois. Except to the | 10 | | extent otherwise excluded under this subsection (k), | 11 | | "legislative employee" includes research and appropriations | 12 | | employees, legislative affairs employees, legal employees, | 13 | | communications employees, clerk's office employees, district | 14 | | office employees, and employees employed by a legislative | 15 | | support services agency. "Legislative employee" does not | 16 | | include a member of the General Assembly of the State of | 17 | | Illinois; the chief of staff, deputy chief of staff, or chief | 18 | | legal counsel for the President of the Senate, the Minority | 19 | | Leader of the Senate, the Speaker of the House of | 20 | | Representatives, or the Minority Leader of the House of | 21 | | Representatives; the Secretary of the Senate; the Assistant | 22 | | Secretary of the Senate; the Clerk of the House of | 23 | | Representatives; the Assistant Clerk of the House of | 24 | | Representatives; the Legislative Inspector General; an | 25 | | employee of the Office of the Legislative Inspector General; | 26 | | the Director or any employee of the Office of State |
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| 1 | | Legislative Labor Relations; the commissioners or employees of | 2 | | the Legislative Ethics Commission; the executive director, | 3 | | deputy director, supervising attorney, principal attorney, or | 4 | | chief fiscal officer of a legislative support services agency; | 5 | | a district office chief of staff, a district office deputy | 6 | | chief of staff, or an individual in a district office | 7 | | employment position that is functionally equivalent to a | 8 | | district office chief of staff or a district office deputy | 9 | | chief of staff, as designated by the representative or | 10 | | senator; a confidential employee; a contractual employee; a | 11 | | managerial employee; a short-term employee; a supervisor; a | 12 | | temporary employee; or an excluded employee. | 13 | | (l) "Legislative support services agency" means the | 14 | | Commission on Government Forecasting and Accountability, the | 15 | | Joint Committee on Administrative Rules, the Legislative Audit | 16 | | Commission, the Legislative Information System, the | 17 | | Legislative Printing Unit, and the Legislative Reference | 18 | | Bureau. | 19 | | (m) "Managerial employee" means an individual who is | 20 | | engaged predominantly in executive and management functions | 21 | | and is charged with the responsibility of directing the | 22 | | effectuation of management policies and practices. | 23 | | Determination of managerial employee status shall be based on | 24 | | actual employee job duties and not solely on written job | 25 | | descriptions. Nothing in this definition prohibits an | 26 | | individual from also meeting the definition of "supervisor" |
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| 1 | | under subsection (q) of this Section. | 2 | | (n) "Office of State Legislative Labor Relations" means | 3 | | the Office of State Legislative Labor Relations that is | 4 | | created under Section 25 of this Act and that is responsible | 5 | | for representing and otherwise managing the interests of the | 6 | | General Assembly in collective bargaining with legislative | 7 | | employees. | 8 | | (o) "Person" includes one or more individuals, labor | 9 | | organizations, legislative employees, associations, | 10 | | corporations, legal representatives, trustees, trustees in | 11 | | bankruptcy, receivers, or the State of Illinois or any | 12 | | political subdivision of the State, including the General | 13 | | Assembly of the State of Illinois or any individual employed | 14 | | by the General Assembly of the State of Illinois. | 15 | | (p) "Professional employee" means any employee engaged in | 16 | | work predominantly intellectual and varied in character rather | 17 | | than routine mental, manual, mechanical or physical work; | 18 | | involving the consistent exercise of discretion and adjustment | 19 | | in its performance; of such a character that the output | 20 | | produced or the result accomplished cannot be standardized in | 21 | | relation to a given period of time; and requiring advanced | 22 | | knowledge in a field of science or learning customarily | 23 | | acquired by a prolonged course of specialized intellectual | 24 | | instruction and study in an institution of higher learning, as | 25 | | distinguished from a general academic education or from | 26 | | apprenticeship or from training in the performance of routine |
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| 1 | | mental, manual, or physical processes; or any employee who has | 2 | | completed the courses of specialized intellectual instruction | 3 | | and study prescribed in this subsection (p) and is performing | 4 | | related work under the supervision of a professional person to | 5 | | qualify to become a professional employee as defined in this | 6 | | subsection (p). | 7 | | (q) "Short-term employee" means an employee who is | 8 | | employed for less than 2 consecutive calendar quarters during | 9 | | a calendar year and who does not have a reasonable assurance of | 10 | | being rehired by the same employing entity of the General | 11 | | Assembly for the same service in a subsequent calendar year. | 12 | | (r) "Supervisor" means an employee whose principal work is | 13 | | substantially different from that of the employee's | 14 | | subordinates and who has authority, in the interest of the | 15 | | General Assembly, to hire, transfer, suspend, lay off, recall, | 16 | | promote, discharge, direct, reward, or discipline employees, | 17 | | to adjust their grievances, or to effectively recommend any of | 18 | | those actions, if the exercise of that authority is not of a | 19 | | merely routine or clerical nature, but requires the consistent | 20 | | use of independent judgment. The term "supervisor" includes | 21 | | only those individuals who devote a preponderance of their | 22 | | employment time to exercising that authority. Determinations | 23 | | of supervisor status shall be based on actual employee job | 24 | | duties and not solely on written job descriptions. Nothing in | 25 | | this definition prohibits an individual from also meeting the | 26 | | definition of "managerial employee" under subsection (m) of |
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| 1 | | this Section. | 2 | | (s) "Unit" means a class of jobs or positions that are held | 3 | | by legislative employees whose collective interests may | 4 | | suitably be represented by a labor organization for collective | 5 | | bargaining. A bargaining unit determined by the Board shall | 6 | | not include (i) supervisors only or (ii) both employees and | 7 | | supervisors. Legislative employees who are partisan employees | 8 | | or legislative secretaries (other than district office | 9 | | employees) and whose ultimate jurisdictional authority under | 10 | | the State Officials and Employees Ethics Act is the President | 11 | | of the Senate, the Minority Leader of the Senate, the Speaker | 12 | | of the House of Representatives, or the Minority Leader of the | 13 | | House of Representatives shall comprise one unit, regardless | 14 | | of their political affiliation. Legislative employees who are | 15 | | nonpartisan employees and whose ultimate jurisdictional | 16 | | authority under the State Officials and Employees Ethics Act | 17 | | is the Senate Operations Commission or the Speaker of the | 18 | | House of Representatives shall comprise one unit. Legislative | 19 | | employees who are district office employees shall comprise one | 20 | | unit, regardless of their political affiliation. | 21 | | Section 15. Management rights. The General Assembly shall | 22 | | not be required to bargain over matters of inherent managerial | 23 | | policy, which shall include such areas of discretion or policy | 24 | | as the following matters: the functions of the General | 25 | | Assembly, standards of services, the General Assembly's |
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| 1 | | overall budget, the organizational structure and selection of | 2 | | new employees, examination techniques, and direction of | 3 | | employees. | 4 | | The General Assembly shall not be required to bargain over | 5 | | any one or more of the following topics: (i) matters relating | 6 | | to qualifications and elections of senators or | 7 | | representatives; (ii) matters relating to the House of | 8 | | Representatives or Senate choosing members of leadership, | 9 | | committee chairs, or officers; (iii) matters related to the | 10 | | House of Representatives or Senate adopting rules; (iv) | 11 | | matters relating to establishing committees; (v) matters | 12 | | related to considering and enacting legislation; (vi) matters | 13 | | related to exercising the legislative power of the State; | 14 | | (vii) matters relating to legislative calendars, schedules, | 15 | | and deadlines for the House of Representatives or Senate; or | 16 | | (viii) laws, rules, policies, or procedures regarding ethics | 17 | | or conflicts of interest. | 18 | | The General Assembly, however, shall be required to | 19 | | bargain collectively with regard to policy matters directly | 20 | | affecting wages, hours, and terms and conditions of | 21 | | employment, as well as the impact thereon upon request by | 22 | | legislative employee representatives. | 23 | | Notwithstanding any other provision of this Act, each | 24 | | employing entity of the General Assembly has the sole and | 25 | | exclusive authority to designate one-third of its collective | 26 | | employee positions as confidential employees, managerial |
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| 1 | | employees, supervisors, or excluded employees. The one-third | 2 | | of employee positions shall be calculated based on the total | 3 | | number of employee positions and not the number of employees | 4 | | at a given time. Nothing in this Section shall preclude the | 5 | | Board from exercising its discretion to designate additional | 6 | | employees as confidential employees, managerial employees, | 7 | | supervisors, or excluded employees. | 8 | | For purposes of collective bargaining under this Act, a | 9 | | legislative employee employed by the Speaker of the House of | 10 | | Representatives, the Minority Leader of the House of | 11 | | Representatives, the President of the Senate, the Minority | 12 | | Leader of the Senate, or a legislative employee that is a | 13 | | district office employee under Section 10 is employed by the | 14 | | individual occupying such elected position. Upon any change in | 15 | | a person occupying such an elected position, the newly elected | 16 | | person has the sole and exclusive authority to act with | 17 | | respect to employment decisions, such as hiring, promotion, | 18 | | renewal of employment, or discharge. No collective bargaining | 19 | | agreement may include a provision that prohibits a newly | 20 | | elected person from exercising that person's rights under this | 21 | | subsection with respect to the elected person's sole and | 22 | | exclusive authority to make employment decisions for the | 23 | | office. | 24 | | Section 20. Illinois Labor Relations Board. | 25 | | (a) The State Panel of the Illinois Labor Relations Board |
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| 1 | | established under Section 5 of the Illinois Public Labor | 2 | | Relations Act has jurisdiction over collective bargaining | 3 | | matters between employee organizations and the General | 4 | | Assembly of the State of Illinois under this Act. | 5 | | (b) To accomplish the objectives and carry out the duties | 6 | | prescribed by this Act, the State Panel may hold elections to | 7 | | determine whether a labor organization has majority status; | 8 | | investigate and attempt to resolve or settle charges of unfair | 9 | | labor practices; hold hearings in order to carry out its | 10 | | functions; develop and effectuate appropriate impasse | 11 | | resolution procedures for purposes of resolving labor | 12 | | disputes; and administer oaths and affirmations. The State | 13 | | Panel shall sign and report in full an opinion in every case | 14 | | that it decides. | 15 | | Section 25. Office of State Legislative Labor Relations. | 16 | | (a) The Office of State Legislative Labor Relations is | 17 | | hereby created and shall be responsible for representing and | 18 | | otherwise managing the interests of the General Assembly in | 19 | | collective bargaining between the General Assembly and | 20 | | legislative employees. | 21 | | (b) The Joint Committee on Legislative Support Services | 22 | | shall appoint the Director of the Office of State Legislative | 23 | | Labor Relations within 60 days after the effective date of | 24 | | this Section and within 60 days after any subsequent vacancy | 25 | | in that office. |
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| 1 | | (c) The Director of the Office of State Legislative Labor | 2 | | Relations shall be appointed for a 4-year term and until a | 3 | | successor is appointed and qualified. The Director and other | 4 | | employees of the Office of State Legislative Labor Relations | 5 | | shall not be subject to the Personnel Code. | 6 | | (d) The Director of the Office of State Legislative Labor | 7 | | Relations shall: | 8 | | (1) conduct negotiations on behalf of the General | 9 | | Assembly with legislative employees and their exclusive | 10 | | representative or delegate that negotiating authority to a | 11 | | designee of the Director's choosing; | 12 | | (2) be authorized to employ, fix the compensation, and | 13 | | prescribe the duties of negotiators, attorneys, and any | 14 | | other necessary professional, technical, and secretarial | 15 | | employees of the Office of State Legislative Labor | 16 | | Relations; | 17 | | (3) sign contracts; | 18 | | (4) issue vouchers for the payment of obligations | 19 | | pursuant to rules adopted by the Joint Committee on | 20 | | Legislative Support Services; and | 21 | | (5) receive a salary as fixed by the Joint Committee. | 22 | | Section 30. Right to organize and bargain collectively; | 23 | | exclusive representation; fair-share arrangements. | 24 | | (a) Legislative employees have, and are protected in the | 25 | | exercise of, the right of self-organization, and they may |
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| 1 | | form, join, or assist any labor organization, to bargain | 2 | | collectively through representatives of their own choosing on | 3 | | questions of wages, hours, and other conditions of employment, | 4 | | not excluded by Section 15, and to engage in other concerted | 5 | | activities not otherwise prohibited by law for the purposes of | 6 | | collective bargaining or other mutual aid or protection, free | 7 | | from interference, restraint, or coercion. Legislative | 8 | | employees also have, and are protected in the exercise of, the | 9 | | right to refrain from participating in any such concerted | 10 | | activities. | 11 | | (b) Nothing in this Act prevents a legislative employee | 12 | | from presenting a grievance to the Office of State Legislative | 13 | | Labor Relations and having the grievance heard and settled | 14 | | without the intervention of an employee organization; provided | 15 | | that the exclusive bargaining representative is afforded the | 16 | | opportunity to be present at such conference and that any | 17 | | settlement made shall not be inconsistent with the terms of | 18 | | any agreement in effect between the General Assembly and the | 19 | | exclusive bargaining representative. | 20 | | (c) A labor organization designated by the Board as the | 21 | | representative of the majority of legislative employees in an | 22 | | appropriate unit in accordance with the procedures provided in | 23 | | this Act or recognized by the Office of State Legislative | 24 | | Labor Relations as the representative of the majority of | 25 | | legislative employees in an appropriate unit is the exclusive | 26 | | representative for the employees of such unit for the purpose |
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| 1 | | of collective bargaining with respect to rates of pay, wages, | 2 | | hours, and other conditions of employment not excluded by | 3 | | Section 15. Unless otherwise mutually agreed, the Office of | 4 | | State Legislative Labor Relations is required at least once | 5 | | each month and upon request, to furnish the exclusive | 6 | | bargaining representative with a complete list of the names | 7 | | and addresses of the legislative employees in the bargaining | 8 | | unit, provided that the Office of State Legislative Labor | 9 | | Relations shall not be required to furnish such a list more | 10 | | than once per payroll period. The exclusive bargaining | 11 | | representative shall use the list exclusively for bargaining | 12 | | representation purposes and shall not disclose any information | 13 | | contained in the list for any other purpose. Nothing in this | 14 | | Section, however, prohibits a bargaining representative from | 15 | | disseminating a list of its union members. | 16 | | At the time the Office of State Legislative Labor | 17 | | Relations provides such list, it shall also provide to the | 18 | | exclusive representative, in a spreadsheet file or other | 19 | | mutually agreed upon editable digital file format, the | 20 | | employee's job title, work site, work telephone numbers, | 21 | | identification number, if available, and any home and personal | 22 | | cellular telephone numbers on file with the Office of State | 23 | | Legislative Labor Relations, date of hire, work email address, | 24 | | and any personal email address on file with the Office of State | 25 | | Legislative Labor Relations. In addition, unless otherwise | 26 | | mutually agreed, within 10 calendar days from the date of hire |
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| 1 | | of a bargaining unit employee, the Office of State Legislative | 2 | | Labor Relations shall provide to the exclusive representative, | 3 | | in an electronic file or other mutually agreed upon format, | 4 | | the following information about the new employee: the | 5 | | employee's name, job title, work site, home address, work | 6 | | telephone numbers, and any home and personal cellular | 7 | | telephone numbers on file with the Office of State Legislative | 8 | | Labor Relations, date of hire, work email address, and any | 9 | | personal email address on file with the Office of State | 10 | | Legislative Labor Relations. | 11 | | (d) The Office of State Legislative Labor Relations shall | 12 | | not disclose the following information about any legislative | 13 | | employee, except as provided in subsection (c): (1) the | 14 | | legislative employee's home address (including ZIP code and | 15 | | county); (2) the legislative employee's date of birth; (3) the | 16 | | legislative employee's home and personal phone number; (4) the | 17 | | legislative employee's personal email address; (5) any | 18 | | information personally identifying employee membership or | 19 | | membership status in a labor organization or other voluntary | 20 | | association affiliated with a labor organization or a labor | 21 | | federation (including whether employees are members of such | 22 | | organization, the identity of such organization, whether or | 23 | | not employees pay or authorize the payment of any dues or | 24 | | moneys to such organization, and the amounts of such dues or | 25 | | moneys); and (6) emails or other communications between a | 26 | | labor organization and its members. |
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| 1 | | As soon as practicable after receiving a request for any | 2 | | information prohibited from disclosure under this subsection | 3 | | (d), excluding a request from the exclusive bargaining | 4 | | representative of the employee, the Office of State | 5 | | Legislative Labor Relations must provide a written copy of the | 6 | | request, or a written summary of any oral request, to the | 7 | | exclusive bargaining representative of the legislative | 8 | | employee or, if no such representative exists, to the | 9 | | legislative employee. The Office of State Legislative Labor | 10 | | Relations must also provide a copy of any response it has made | 11 | | within 5 business days of sending the response to any request. | 12 | | If the Office of State Legislative Labor Relations | 13 | | discloses information in violation of this subsection (d), an | 14 | | aggrieved legislative employee or the legislative employee's | 15 | | exclusive bargaining representative may file an unfair labor | 16 | | practice charge with the Illinois Labor Relations Board | 17 | | pursuant to Section 50 or commence an action in the circuit | 18 | | court to enforce the provisions of this Act, including actions | 19 | | to compel compliance, if the Office of State Legislative Labor | 20 | | Relations willfully and wantonly discloses information in | 21 | | violation of this subsection. The circuit court for the county | 22 | | in which the complainant resides, in which the complainant is | 23 | | employed, or in which the Office of State Legislative Labor | 24 | | Relations is located shall have jurisdiction in this matter. | 25 | | This subsection does not apply to disclosures (i) required | 26 | | under the Freedom of Information Act, (ii) for purposes of |
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| 1 | | conducting public operations or business, or (iii) to the | 2 | | exclusive representative. | 3 | | (e) On behalf of the General Assembly, the Office of State | 4 | | Legislative Labor Relations shall provide to exclusive | 5 | | representatives, including their agents and employees, | 6 | | reasonable access to legislative employees in the bargaining | 7 | | units they represent. This access shall at all times be | 8 | | conducted in a manner so as not to impede normal operations. | 9 | | (1) Access includes the following: | 10 | | (A) the right to meet with one or more employees on | 11 | | the premises of the General Assembly, including, but | 12 | | not limited to, the legislative complex or a district | 13 | | office, during the workday to investigate and discuss | 14 | | grievances and workplace-related complaints without | 15 | | charge to pay or leave time of employees or agents of | 16 | | the exclusive representative; | 17 | | (B) the right to conduct work site meetings during | 18 | | lunch and other non-work breaks, and before and after | 19 | | the workday, on the premises of the General Assembly, | 20 | | including, but not limited to, the legislative complex | 21 | | or a district office, to discuss collective bargaining | 22 | | negotiations, the administration of collective | 23 | | bargaining agreements, other matters related to the | 24 | | duties of the exclusive representative, and internal | 25 | | matters involving the governance or business of the | 26 | | exclusive representative, without charge to pay or |
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| 1 | | leave time of employees or agents of the exclusive | 2 | | representative; | 3 | | (C) the right to meet with newly hired legislative | 4 | | employees, without charge to pay or leave time of the | 5 | | employees or agents of the exclusive representative, | 6 | | on the premises of the General Assembly, including, | 7 | | but not limited to, the legislative complex or a | 8 | | district office, or at a location mutually agreed to | 9 | | by the Office of State Legislative Labor Relations and | 10 | | exclusive representative for up to one hour either | 11 | | within the first 2 weeks of employment in the | 12 | | bargaining unit or at a later date and time if mutually | 13 | | agreed upon by the Office of State Legislative Labor | 14 | | Relations and the exclusive representative; and | 15 | | (D) the right to use the facility mailboxes and | 16 | | bulletin boards on the premises of the General | 17 | | Assembly, including, but not limited to, the | 18 | | legislative complex or district office, to communicate | 19 | | with bargaining unit employees regarding collective | 20 | | bargaining negotiations, the administration of | 21 | | collective bargaining agreements, the investigation of | 22 | | grievances, other workplace-related complaints and | 23 | | issues, and internal matters involving the governance | 24 | | or business of the exclusive representative. | 25 | | (2) Nothing in this Section prohibits the Office of | 26 | | State Legislative Labor Relations and exclusive |
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| 1 | | representative from agreeing in a collective bargaining | 2 | | agreement to provide the exclusive representative greater | 3 | | access to bargaining unit employees, including through the | 4 | | use of the General Assembly's email system. | 5 | | (f) A labor organization recognized by the Office of State | 6 | | Legislative Labor Relations as the exclusive representative or | 7 | | so designated in accordance with the provisions of this Act is | 8 | | responsible for representing the interests of all legislative | 9 | | employees in the unit. Nothing in this Act shall be construed | 10 | | to limit an exclusive representative's right to exercise its | 11 | | discretion to refuse to process grievances of legislative | 12 | | employees that are unmeritorious. | 13 | | (g) The General Assembly shall make payroll deductions of | 14 | | labor organization dues, initiation fees, assessments, and | 15 | | other payments for a labor organization that is the exclusive | 16 | | representative. Such deductions shall be made in accordance | 17 | | with the terms of a legislative employee's written | 18 | | authorization, and shall be paid to the exclusive | 19 | | representative. Written authorization may be evidenced by | 20 | | electronic communications, and such writing or communication | 21 | | may be evidenced by the electronic signature of the | 22 | | legislative employee as provided under Section 5-120 of the | 23 | | Uniform Electronic Transactions Act. | 24 | | There is no impediment to a legislative employee's right | 25 | | to resign union membership at any time. However, | 26 | | notwithstanding any other provision of law to the contrary |
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| 1 | | regarding authorization and deduction of dues or other | 2 | | payments to a labor organization, the exclusive representative | 3 | | and a legislative employee may agree to reasonable limits on | 4 | | the right of the employee to revoke such authorization, | 5 | | including a period of irrevocability that exceeds one year. An | 6 | | authorization that is irrevocable for one year, which may be | 7 | | automatically renewed for successive annual periods in | 8 | | accordance with the terms of the authorization, and that | 9 | | contains at least an annual 10-day period of time during which | 10 | | the legislative employee may revoke the authorization, shall | 11 | | be deemed reasonable. | 12 | | This Section applies to all claims that allege that a | 13 | | labor organization or the General Assembly has improperly | 14 | | deducted or collected dues from a legislative employee without | 15 | | regard to whether the claims or the facts upon which they are | 16 | | based occurred before, on, or after the effective date of this | 17 | | Act. | 18 | | (h) If a collective bargaining agreement is terminated or | 19 | | continues in effect beyond its scheduled expiration date | 20 | | pending the negotiation of a successor agreement, the General | 21 | | Assembly shall continue to honor and abide by any dues | 22 | | deduction clause contained therein until a new agreement is | 23 | | reached including dues deduction clause. For the benefit of | 24 | | any successor exclusive representative certified under this | 25 | | Act, this provision applies if the successor exclusive | 26 | | representative presents the General Assembly with employee |
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| 1 | | written authorization for the deduction of dues, assessments, | 2 | | and fees under this subsection. | 3 | | Failure to so honor and abide by dues deduction clauses | 4 | | for the benefit of any exclusive representative, including a | 5 | | successor, is a violation of the duty to bargain and an unfair | 6 | | labor practice. | 7 | | (i) Upon receiving written notice of authorization, the | 8 | | employing entity of the General Assembly must commence dues | 9 | | deductions as soon as practicable but in no case later than 30 | 10 | | days after receiving notice from the labor organization. | 11 | | Employee deductions shall be transmitted to the labor | 12 | | organization no later than 30 days after they are deducted | 13 | | unless a shorter period is mutually agreed to. | 14 | | (j) Deductions shall remain in effect until: | 15 | | (1) the General Assembly receives notice that a | 16 | | legislative employee has revoked the employee's | 17 | | authorization in writing in accordance with the terms of | 18 | | the authorization; or | 19 | | (2) the individual employee is no longer employed by | 20 | | the General Assembly in a bargaining unit position | 21 | | represented by the same exclusive representative, provided | 22 | | that if the legislative employee is, within a period of | 23 | | one year, employed by the General Assembly in a position | 24 | | represented by the same labor organization, the right to | 25 | | dues deduction shall be automatically reinstated. | 26 | | Nothing in this subsection prevents an employee from |
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| 1 | | continuing to authorize payroll deductions when no longer | 2 | | represented by the exclusive representative that would receive | 3 | | such deduction. | 4 | | If the individual employee who has signed a dues deduction | 5 | | authorization card is either removed from the General | 6 | | Assembly's payroll or otherwise placed on any type of | 7 | | involuntary or voluntary leave of absence, whether paid or | 8 | | unpaid, the legislative employee's dues deduction shall be | 9 | | continued upon that employee's return to the payroll in a | 10 | | bargaining unit position represented by the same exclusive | 11 | | representative or restoration to active duty from such a leave | 12 | | of absence. | 13 | | (k) Unless otherwise mutually agreed by the Office of | 14 | | State Legislative Labor Relations and the exclusive | 15 | | representative, employee requests to authorize, revoke, | 16 | | cancel, or change authorizations for payroll deductions for | 17 | | labor organizations shall be directed to the labor | 18 | | organization rather than to the Office of State Legislative | 19 | | Labor Relations or the General Assembly. The labor | 20 | | organization shall be responsible for initially processing and | 21 | | notifying the Office of State Legislative Labor Relations of | 22 | | proper requests or providing proper requests to the Office of | 23 | | State Legislative Labor Relations. If the requests are not | 24 | | provided to the Office of State Legislative Labor Relations, | 25 | | the Office of State Legislative Labor Relations shall rely on | 26 | | information provided by the labor organization regarding |
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| 1 | | whether deductions for a labor organization were properly | 2 | | authorized, revoked, canceled, or changed, and the labor | 3 | | organization shall indemnify the General Assembly and the | 4 | | Office of State Legislative Labor Relations for any damages | 5 | | and reasonable costs incurred for any claims made by employees | 6 | | for deductions made in good faith reliance on that | 7 | | information. | 8 | | (l) Upon receipt by the exclusive representative of an | 9 | | appropriate written authorization from a legislative employee, | 10 | | written notice of authorization shall be provided to the | 11 | | Office of State Legislative Labor Relations and any authorized | 12 | | deductions shall be made in accordance with law by the | 13 | | employing entity of the General Assembly following receipt of | 14 | | a copy of the notice. The labor organization shall indemnify | 15 | | the General Assembly and the Office of State Legislative Labor | 16 | | Relations for any damages and reasonable costs incurred for | 17 | | any claims made by employees for deductions made in good faith | 18 | | reliance on its notification. | 19 | | (m) The failure of an employing entity of the General | 20 | | Assembly or the Office of State Legislative Labor Relations to | 21 | | comply with the provisions of this Section is a violation of | 22 | | the duty to bargain and an unfair labor practice. Relief for | 23 | | the violation shall be reimbursement by the General Assembly | 24 | | of dues that should have been deducted or paid based on a valid | 25 | | authorization given by the employee or employees. In addition, | 26 | | the provisions of a collective bargaining agreement that |
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| 1 | | contain the obligations set forth in this Section may be | 2 | | enforced in accordance with Sections 40 and 80. | 3 | | (n) The Illinois Labor Relations Board shall have | 4 | | exclusive jurisdiction over claims under Illinois law that | 5 | | allege that a labor organization has unlawfully collected dues | 6 | | from a legislative employee in violation of this Act. The | 7 | | Board shall, by rule, require that in cases in which a | 8 | | legislative employee alleges that a labor organization has | 9 | | unlawfully collected dues, the employing entity of the General | 10 | | Assembly shall continue to deduct the employee's dues from the | 11 | | employee's pay, but shall transmit the dues to the Board for | 12 | | deposit in an escrow account maintained by the Board. If the | 13 | | exclusive representative maintains an escrow account for the | 14 | | purpose of holding dues to which an employee has objected, the | 15 | | employing entity of the General Assembly shall transmit the | 16 | | entire amount of dues to the exclusive representative, and the | 17 | | exclusive representative shall hold in escrow the dues that | 18 | | the employing entity would otherwise have been required to | 19 | | transmit to the Board for escrow; provided that the escrow | 20 | | account maintained by the exclusive representative complies | 21 | | with rules adopted by the Board or that the collective | 22 | | bargaining agreement requiring the payment of the dues | 23 | | contains an indemnification provision for the purpose of | 24 | | indemnifying the General Assembly and the Office of State | 25 | | Legislative Labor Relations with respect to their transmission | 26 | | of dues to the exclusive representative. |
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| 1 | | (o) If any clause, sentence, paragraph, or subparagraph of | 2 | | this Section shall be adjudged by a court of competent | 3 | | jurisdiction to be unconstitutional or otherwise invalid, that | 4 | | judgment shall not affect, impair, or invalidate the remainder | 5 | | thereof, but shall be confined in its operation to the clause, | 6 | | sentence, paragraph, or subparagraph of this Section directly | 7 | | involved in the controversy in which that judgment shall have | 8 | | been rendered. | 9 | | If any clause, sentence, paragraph, or part of a signed | 10 | | authorization for payroll deductions shall be adjudged by a | 11 | | court of competent jurisdiction to be unconstitutional or | 12 | | otherwise invalid, that judgment shall not affect, impair, or | 13 | | invalidate the remainder of the signed authorization, but | 14 | | shall be confined in its operation to the clause, sentence, | 15 | | paragraph, or part of the signed authorization directly | 16 | | involved in the controversy in which that judgment shall have | 17 | | been rendered. | 18 | | Section 35. Duty to bargain. The Office of State | 19 | | Legislative Labor Relations and the exclusive representative | 20 | | have the authority and the duty to bargain collectively as set | 21 | | forth in this Section. | 22 | | As used in this Act, "to bargain collectively" means the | 23 | | performance of the mutual obligation of the Office of State | 24 | | Legislative Labor Relations and the representative of the | 25 | | legislative employees to meet at reasonable times, including |
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| 1 | | meetings in advance of the budget-making process, and to | 2 | | negotiate in good faith with respect to wages, hours, and | 3 | | other conditions of employment, not excluded by Section 15, or | 4 | | the negotiation of an agreement, or any question arising | 5 | | thereunder and the execution of a written contract | 6 | | incorporating any agreement reached if requested by either | 7 | | party, but such obligation does not compel either party to | 8 | | agree to a proposal or require the making of a concession. | 9 | | The duty "to bargain collectively" also includes an | 10 | | obligation to negotiate over any matter with respect to wages, | 11 | | hours, and other conditions of employment, not specifically | 12 | | provided for in any other law or not specifically in violation | 13 | | of the provisions of any law. If any other law pertains, in | 14 | | part, to a matter affecting the wages, hours, and other | 15 | | conditions of employment, such other law shall not be | 16 | | construed as limiting the duty "to bargain collectively" and | 17 | | to enter into collective bargaining agreements containing | 18 | | clauses that either supplement, implement, or relate to the | 19 | | effect of such provisions in other laws. | 20 | | The duty "to bargain collectively" also includes | 21 | | negotiations as to the terms of a collective bargaining | 22 | | agreement. The parties may, by mutual agreement, provide for | 23 | | arbitration of impasses resulting from their inability to | 24 | | agree upon wages, hours, and terms and conditions of | 25 | | employment to be included in a collective bargaining | 26 | | agreement. Such arbitration provisions shall be subject to the |
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| 1 | | Uniform Arbitration Act unless agreed by the parties. | 2 | | The duty "to bargain collectively" also means that no | 3 | | party to a collective bargaining agreement shall terminate or | 4 | | modify such contract, unless the party desiring such | 5 | | termination or modification: | 6 | | (1) serves a written notice upon the other party to | 7 | | the contract of the proposed termination or modification | 8 | | 60 days prior to the expiration date thereof, or in the | 9 | | event such contract contains no expiration date, 60 days | 10 | | prior to the time it is proposed to make such termination | 11 | | or modification; | 12 | | (2) offers to meet and confer with the other party for | 13 | | the purpose of negotiating a new contract or a contract | 14 | | containing the proposed modifications; | 15 | | (3) notifies the Board within 30 days after such | 16 | | notice of the existence of a dispute, provided no | 17 | | agreement has been reached by that time; and | 18 | | (4) continues in full force and effect, without | 19 | | resorting to strike or lockout, all the terms and | 20 | | conditions of the existing contract for a period of 60 | 21 | | days after such notice is given to the other party or until | 22 | | the expiration date of such contract, whichever occurs | 23 | | later. | 24 | | The duties imposed by paragraphs (2), (3), and (4) shall | 25 | | become inapplicable upon an intervening certification of the | 26 | | Board, under which the labor organization, which is a party to |
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| 1 | | the contract, has been superseded as or ceased to be the | 2 | | exclusive representative of the employees pursuant to the | 3 | | provisions of subsection (a) of Section 45, and the duties so | 4 | | imposed shall not be construed as requiring either party to | 5 | | discuss or agree to any modification of the terms and | 6 | | conditions contained in a contract for a fixed period, if such | 7 | | modification is to become effective before such terms and | 8 | | conditions can be reopened under the provisions of the | 9 | | contract. | 10 | | Section 40. Grievance Procedure. A collective bargaining | 11 | | agreement negotiated between the Office of State Legislative | 12 | | Labor Relations and the exclusive representative shall contain | 13 | | a grievance resolution procedure that shall apply to all | 14 | | legislative employees in the bargaining unit and shall provide | 15 | | for final and binding arbitration of disputes concerning the | 16 | | administration or interpretation of the agreement unless | 17 | | mutually agreed otherwise. Any agreement containing a final | 18 | | and binding arbitration provision shall also contain a | 19 | | provision prohibiting strikes for the duration of the | 20 | | agreement. The grievance and arbitration provisions of any | 21 | | collective bargaining agreement shall be subject to the | 22 | | Uniform Arbitration Act. The costs of such arbitration shall | 23 | | be borne equally by the Office of State Legislative Labor | 24 | | Relations and the employee organization. |
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| 1 | | Section 45. Elections; recognition. | 2 | | (a) Whenever in accordance with such regulations as may be | 3 | | prescribed by the Board a petition has been filed: | 4 | | (1) by a legislative employee or group of legislative | 5 | | employees or any labor organization acting on their | 6 | | behalf, demonstrating that 30% of the legislative | 7 | | employees in an appropriate unit (A) wish to be | 8 | | represented for the purposes of collective bargaining by a | 9 | | labor organization as exclusive representative or (B) | 10 | | asserting that the labor organization that has been | 11 | | certified or is currently recognized by the Office of | 12 | | State Legislative Labor Relations as bargaining | 13 | | representative is no longer the representative of the | 14 | | majority of legislative employees in the unit; or | 15 | | (2) by the Office of State Legislative Labor Relations | 16 | | on behalf of the General Assembly alleging that one or | 17 | | more labor organizations have presented to it a claim that | 18 | | they be recognized as the representative of a majority of | 19 | | the legislative employees in an appropriate unit, the | 20 | | Board shall investigate such petition, and if it has | 21 | | reasonable cause to believe that a question of | 22 | | representation exists, shall provide for an appropriate | 23 | | hearing upon due notice. Such hearing shall be held at the | 24 | | offices of the Board or such other location as the Board | 25 | | deems appropriate. If the Board finds upon the record of | 26 | | the hearing that a question of representation exists, it |
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| 1 | | shall direct an election in accordance with subsection (d) | 2 | | of this Section, which election shall be held not later | 3 | | than 120 days after the date the petition was filed | 4 | | regardless of whether that petition was filed before or | 5 | | after the effective date of this Act; however, the Board | 6 | | may extend the time for holding an election by an | 7 | | additional 60 days if, upon motion by a person who has | 8 | | filed a petition under this Section or is the subject of a | 9 | | petition filed under this Section and is a party to such | 10 | | hearing, or upon the Board's own motion, the Board finds | 11 | | that good cause has been shown for extending the election | 12 | | date. Nothing in this Section prohibits the Board, in its | 13 | | discretion, from extending the time for holding an | 14 | | election for so long as may be necessary under the | 15 | | circumstances, where the purpose for such extension is to | 16 | | permit resolution by the Board of an unfair labor practice | 17 | | charge filed by one of the parties to a representational | 18 | | proceeding against the other based upon conduct that may | 19 | | either affect the existence of a question concerning | 20 | | representation or have a tendency to interfere with a fair | 21 | | and free election, where the party filing the charge has | 22 | | not filed a request to proceed with the election; and | 23 | | provided further that prior to the expiration of the total | 24 | | time allotted for holding an election, a person who has | 25 | | filed a petition under this Section or is the subject of a | 26 | | petition filed under this Section and is a party to such |
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| 1 | | hearing or the Board, may move for and obtain the entry of | 2 | | an order in the circuit court of the county in which the | 3 | | majority of the legislative employees sought to be | 4 | | represented by such person reside, such order extending | 5 | | the date upon which the election shall be held. Such order | 6 | | shall be issued by the circuit court only upon a judicial | 7 | | finding that there has been a sufficient showing that | 8 | | there is good cause to extend the election date beyond | 9 | | such period and shall require the Board to hold the | 10 | | election as soon as is feasible given the totality of the | 11 | | circumstances. Such 120-day period may be extended one or | 12 | | more times by the agreement of all parties to the hearing | 13 | | to a date certain without the necessity of obtaining a | 14 | | court order. The showing of interest in support of a | 15 | | petition filed under paragraph (1) of this subsection (a) | 16 | | may be evidenced by electronic communications, and such | 17 | | writing or communication may be evidenced by the | 18 | | electronic signature of the employee as provided under | 19 | | Section 5-120 of the Electronic Commerce Security Act. The | 20 | | showing of interest shall be valid only if signed within | 21 | | 12 months prior to the filing of the petition. Nothing in | 22 | | this Section prohibits the waiving of hearings by | 23 | | stipulation for the purpose of a consent election in | 24 | | conformity with the rules of the Board or an election in a | 25 | | unit agreed upon by the parties. Other interested employee | 26 | | organizations may intervene in the proceedings in the |
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| 1 | | manner and within the time period specified by rules of | 2 | | the Board. Interested parties who are necessary to the | 3 | | proceedings may also intervene in the proceedings in the | 4 | | manner and within the time period specified by the rules | 5 | | of the Board. | 6 | | (b) A labor organization or the Office of State | 7 | | Legislative Labor Relations on behalf of the General Assembly | 8 | | may file a unit clarification petition seeking to clarify an | 9 | | existing bargaining unit. Unit clarification petitions may be | 10 | | filed if: (1) substantial changes occur in the duties and | 11 | | functions of an existing job title, raising an issue as to the | 12 | | title's unit placement; (2) an existing job title that is | 13 | | logically encompassed within the existing unit was | 14 | | inadvertently excluded by the parties at the time the unit was | 15 | | established; (3) a newly created job title is logically | 16 | | encompassed within an existing unit; (4) a significant change | 17 | | takes place in statutory or case law that affects the | 18 | | bargaining rights of employees; (5) a determination needs to | 19 | | be made as to the unit placement of positions in dispute | 20 | | following a certification of representative issued following a | 21 | | direction of election under subsection (d); (6) the parties | 22 | | have agreed to eliminate a position or title because the | 23 | | General Assembly no longer uses it; (7) the parties have | 24 | | agreed to exclude some of the positions in a title or | 25 | | classification from a bargaining unit and include others; or | 26 | | (8) as prescribed in rules set by the Board. The Board shall |
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| 1 | | conclude its investigation, including any hearing process | 2 | | deemed necessary, and issue a certification of clarified unit | 3 | | or dismiss the petition not later than 120 days after the date | 4 | | the petition was filed. The 120-day period may be extended one | 5 | | or more times by the agreement of all parties to a hearing to a | 6 | | date certain. | 7 | | (c) The Board shall decide in each case, in order to assure | 8 | | legislative employees the fullest freedom in exercising the | 9 | | rights guaranteed by this Act, a unit appropriate for the | 10 | | purpose of collective bargaining, based upon, but not limited | 11 | | to, such factors as: historical pattern of recognition; | 12 | | community of interest including employee skills and functions; | 13 | | degree of functional integration; interchangeability and | 14 | | contact among employees; fragmentation of employee groups; | 15 | | common supervision, wages, hours, and other working conditions | 16 | | of the employees involved; and the desires of the employees. | 17 | | For purposes of this subsection, fragmentation shall not be | 18 | | the sole or predominant factor used by the Board in | 19 | | determining an appropriate bargaining unit. A single | 20 | | bargaining unit determined by the Board may not include both | 21 | | supervisors and nonsupervisors. | 22 | | In cases involving a historical pattern of recognition, | 23 | | and in cases where the General Assembly has recognized the | 24 | | union as the sole and exclusive bargaining agent for a | 25 | | specified existing unit, the Board shall find the employees in | 26 | | the unit then represented by the union pursuant to the |
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| 1 | | recognition to be the appropriate unit. | 2 | | The Board shall not decide that any unit is appropriate if | 3 | | such unit includes both professional employees and | 4 | | nonprofessional employees, unless a majority of each group | 5 | | votes for inclusion in such unit. | 6 | | (d) If the Office of State Legislative Labor Relations | 7 | | does not voluntarily recognize a labor organization as the | 8 | | exclusive bargaining representative for a unit of legislative | 9 | | employees, the Board shall determine the majority | 10 | | representative of the legislative employees in an appropriate | 11 | | collective bargaining unit by conducting a secret ballot | 12 | | election. Such a secret ballot election may be conducted | 13 | | electronically, using an electronic voting system, in addition | 14 | | to paper ballot voting systems. Within 7 days after the Board | 15 | | issues its bargaining unit determination and direction of | 16 | | election or the execution of a stipulation for the purpose of a | 17 | | consent election, the Office of State Legislative Labor | 18 | | Relations shall submit to the labor organization the complete | 19 | | names and addresses of those employees who are determined by | 20 | | the Board to be eligible to participate in the election. When | 21 | | the Board has determined that a labor organization has been | 22 | | fairly and freely chosen by a majority of legislative | 23 | | employees in an appropriate unit, it shall certify such | 24 | | organization as the exclusive representative. If the Board | 25 | | determines that a majority of employees in an appropriate unit | 26 | | has fairly and freely chosen not to be represented by a labor |
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| 1 | | organization, it shall so certify. The Board may also revoke | 2 | | the certification of the legislative employee organizations as | 3 | | exclusive bargaining representatives which have been found by | 4 | | a secret ballot election to be no longer the majority | 5 | | representative. | 6 | | (e) The Board shall not conduct an election in any | 7 | | bargaining unit or any subdivision thereof within which a | 8 | | valid election has been held in the preceding 12-month period. | 9 | | The Board shall determine who is eligible to vote in an | 10 | | election and shall establish rules governing the conduct of | 11 | | the election or conduct affecting the results of the election. | 12 | | The Board shall include on a ballot in a representation | 13 | | election a choice of "no representation". A labor organization | 14 | | currently representing the bargaining unit of legislative | 15 | | employees shall be placed on the ballot in any representation | 16 | | election. In any election where none of the choices on the | 17 | | ballot receives a majority, a runoff election shall be | 18 | | conducted between the 2 choices receiving the largest number | 19 | | of valid votes cast in the election. A labor organization | 20 | | which receives a majority of the votes cast in an election | 21 | | shall be certified by the Board as exclusive representative of | 22 | | all legislative employees in the unit. | 23 | | (f) A labor organization shall be designated as the | 24 | | exclusive representative by the Office of State Legislative | 25 | | Labor Relations on behalf of the General Assembly, provided | 26 | | that the labor organization represents a majority of the |
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| 1 | | legislative employees in an appropriate unit. Any employee | 2 | | organization that is designated or selected by the majority of | 3 | | legislative employees, in a unit of the General Assembly | 4 | | having no other recognized or certified representative, as | 5 | | their representative for purposes of collective bargaining may | 6 | | request recognition by the Office of State Legislative Labor | 7 | | Relations on behalf of the General Assembly in writing. The | 8 | | Office of State Legislative Labor Relations on behalf of the | 9 | | General Assembly shall post such request for a period of at | 10 | | least 20 days following its receipt thereof on bulletin boards | 11 | | or other places used or reserved for employee notices. | 12 | | (g) Within the 20-day period any other interested employee | 13 | | organization may petition the Board in the manner specified by | 14 | | rules of the Board, provided that such interested employee | 15 | | organization has been designated by at least 10% of the | 16 | | employees in an appropriate bargaining unit which includes all | 17 | | or some of the employees in the unit recognized by the Office | 18 | | of State Legislative Labor Relations. In such event, the Board | 19 | | shall proceed with the petition in the same manner as provided | 20 | | by paragraph (1) of subsection (a) of this Section. | 21 | | (h) No election shall be directed by the Board in any | 22 | | bargaining unit where there is in force a valid collective | 23 | | bargaining agreement. The Board, however, may process an | 24 | | election petition filed between 90 and 60 days prior to the | 25 | | expiration of the date of an agreement, and may further | 26 | | refine, by rule or decision, the implementation of this |
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| 1 | | provision. Where more than 4 years have elapsed since the | 2 | | effective date of the agreement, the agreement shall continue | 3 | | to bar an election, except that the Board may process an | 4 | | election petition filed between 90 and 60 days prior to the end | 5 | | of the fifth year of such an agreement, and between 90 and 60 | 6 | | days prior to the end of each successive year of such | 7 | | agreement. | 8 | | (i) An order of the Board dismissing a representation | 9 | | petition, determining and certifying that a labor organization | 10 | | has been fairly and freely chosen by a majority of employees in | 11 | | an appropriate bargaining unit, or determining and certifying | 12 | | that a labor organization has not been fairly and freely | 13 | | chosen by a majority of employees in the bargaining unit is a | 14 | | final order. Any person aggrieved by any such order issued on | 15 | | or after the effective date of this Act may apply for and | 16 | | obtain judicial review in accordance with the Administrative | 17 | | Review Law, as now or hereafter amended, except that such | 18 | | review shall be afforded directly in the Appellate Court for | 19 | | the district in which the aggrieved party resides or transacts | 20 | | business. Any direct appeal to the Appellate Court shall be | 21 | | filed within 35 days from the date that a copy of the decision | 22 | | sought to be reviewed was served upon the party affected by the | 23 | | decision. | 24 | | Section 50. Unfair labor practices. | 25 | | (a) It is an unfair labor practice for the General |
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| 1 | | Assembly or its agents, including, but not limited to, the | 2 | | Office of State Legislative Labor Relations: | 3 | | (1) to interfere with, restrain, or coerce legislative | 4 | | employees in the exercise of the rights guaranteed in this | 5 | | Act or to dominate or interfere with the formation, | 6 | | existence, or administration of any labor organization or | 7 | | contribute financial or other support to it; provided, the | 8 | | General Assembly shall not be prohibited from permitting | 9 | | employees to confer with their exclusive bargaining | 10 | | representative during working hours without loss of time | 11 | | or pay; | 12 | | (2) to discriminate in regard to hire or tenure of | 13 | | employment or any term or condition of employment in order | 14 | | to encourage or discourage membership in or other support | 15 | | for any labor organization; | 16 | | (3) to discharge or otherwise discriminate against a | 17 | | legislative employee because the legislative employee has | 18 | | signed or filed an affidavit, petition, or charge or | 19 | | provided any information or testimony under this Act; | 20 | | (4) to refuse to bargain collectively in good faith | 21 | | with a labor organization that is the exclusive | 22 | | representative of legislative employees in an appropriate | 23 | | unit, including, but not limited to, the discussing of | 24 | | grievances with the exclusive representative; | 25 | | (5) to violate any of the rules established by the | 26 | | Board with jurisdiction over them relating to the conduct |
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| 1 | | of representation elections or the conduct affecting the | 2 | | 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 | 6 | | the outcome of representational elections held pursuant to | 7 | | Section 45; provided that nothing in this subsection shall | 8 | | be construed to limit the General Assembly's right to | 9 | | 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 or the Office of State | 15 | | Legislative Labor Relations. Nothing in this paragraph | 16 | | shall be construed to prohibit the General Assembly from | 17 | | expending or causing the expenditure of public funds on, | 18 | | or seeking or obtaining services or advice from, any | 19 | | organization, group, or association established by and | 20 | | including public or educational employers, whether covered | 21 | | by this Act, the Illinois Public Labor Relations Act, the | 22 | | Illinois Educational Labor Relations Act or the public | 23 | | employment labor relations law of any other state or the | 24 | | federal government, provided that such services or advice | 25 | | are generally available to the membership of the | 26 | | organization, group, or association, and are not offered |
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| 1 | | solely in an attempt to influence the outcome of a | 2 | | particular representational election; | 3 | | (7) to refuse to reduce a collective bargaining | 4 | | agreement to writing or to refuse to sign such agreement; | 5 | | (8) to interfere with, restrain, coerce, deter, or | 6 | | discourage legislative employees or applicants to be | 7 | | legislative employees from: (i) becoming or remaining | 8 | | members of a labor organization; (ii) authorizing | 9 | | representation by a labor organization; or (iii) | 10 | | authorizing dues or fee deductions to a labor | 11 | | organization, nor shall the General Assembly intentionally | 12 | | permit outside third parties to use its email or other | 13 | | communication systems to engage in that conduct. The | 14 | | General Assembly's good faith implementation of a policy | 15 | | to block the use of its email or other communication | 16 | | systems for such purposes shall be a defense to an unfair | 17 | | labor practice; | 18 | | (9) to disclose to any person or entity information | 19 | | set forth in subsection (d) of Section 30 that the General | 20 | | Assembly knows or should know will be used to interfere | 21 | | with, restrain, coerce, deter, or discourage any | 22 | | legislative employee from: (i) becoming or remaining | 23 | | members of a labor organization, (ii) authorizing | 24 | | representation by a labor organization, or (iii) | 25 | | authorizing dues or fee deductions to a labor | 26 | | organization; or |
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| 1 | | (10) to promise, threaten, or take any action: (i) to | 2 | | permanently replace an employee who participates in a | 3 | | lawful strike as provided under Section 80; (ii) to | 4 | | discriminate against an employee who is working or has | 5 | | unconditionally offered to return to work for the employer | 6 | | because the employee supported or participated in such a | 7 | | lawful strike; or (iii) to lock out, suspend, or otherwise | 8 | | withhold employment from an employee in order to influence | 9 | | the position of such employee or the representative of | 10 | | such employee in collective bargaining prior to a lawful | 11 | | strike. | 12 | | (b) It shall be an unfair labor practice for a labor | 13 | | organization or its agents: | 14 | | (1) to restrain or coerce legislative employees in the | 15 | | exercise of the rights guaranteed in this Act; however, | 16 | | (i) this paragraph shall not impair the right of a labor | 17 | | organization to prescribe its own rules with respect to | 18 | | the acquisition or retention of membership therein and | 19 | | (ii) a labor organization or its agents shall commit an | 20 | | unfair labor practice under this paragraph in duty of fair | 21 | | representation cases only by intentional misconduct in | 22 | | representing legislative employees under this Act; | 23 | | (2) to restrain or coerce the General Assembly or the | 24 | | Office of State Legislative Labor Relations in the | 25 | | selection of its representatives for the purposes of | 26 | | collective bargaining or the settlement of grievances; |
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| 1 | | (3) to cause, or attempt to cause, the General | 2 | | Assembly to discriminate against an employee in violation | 3 | | of paragraph (2) of subsection (a); | 4 | | (4) to refuse to bargain collectively in good faith | 5 | | with the Office of State Legislative Labor Relations on | 6 | | behalf of the General Assembly, if it has been designated | 7 | | in accordance with the provisions of this Act as the | 8 | | exclusive representative of legislative employees in an | 9 | | appropriate unit; | 10 | | (5) to violate any of the rules established by the | 11 | | Board with jurisdiction over them relating to the conduct | 12 | | of representation elections or the conduct affecting the | 13 | | representation elections; | 14 | | (6) to discriminate against any legislative employee | 15 | | because the employee has signed or filed an affidavit, | 16 | | petition, or charge or provided any information or | 17 | | testimony under this Act; | 18 | | (7) to picket or cause to be picketed, or threaten to | 19 | | picket or cause to be picketed, the General Assembly where | 20 | | an object thereof is forcing or requiring the General | 21 | | Assembly to recognize or bargain with a labor organization | 22 | | of the representative of its employees, or forcing or | 23 | | requiring legislative employees to accept or select such | 24 | | labor organization as their collective bargaining | 25 | | representative, unless such labor organization is | 26 | | currently certified as the representative of such |
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| 1 | | employees: | 2 | | (A) where the Office of State Legislative Labor | 3 | | Relations has lawfully recognized in accordance with | 4 | | this Act any labor organization and a question | 5 | | concerning representation may not appropriately be | 6 | | raised under Section 45; | 7 | | (B) where within the preceding 12 months a valid | 8 | | election under Section 45 has been conducted; or | 9 | | (C) where such picketing has been conducted | 10 | | without a petition under Section 45 being filed within | 11 | | a reasonable period of time not to exceed 30 days from | 12 | | the commencement of such picketing; provided that when | 13 | | such a petition has been filed the Board shall | 14 | | forthwith, without regard to the provisions of | 15 | | subsection (a) of Section 45 or the absence of a | 16 | | showing of a substantial interest on the part of the | 17 | | labor organization, direct an election in such unit as | 18 | | the Board finds to be appropriate and shall certify | 19 | | the results thereof; provided further, that nothing in | 20 | | this subparagraph shall be construed to prohibit any | 21 | | picketing or other publicity for the purpose of | 22 | | truthfully advising the public that the General | 23 | | Assembly does not employ members of, or have a | 24 | | contract with, a labor organization unless an effect | 25 | | of such picketing is to induce any individual employed | 26 | | by any other person in the course of the individual's |
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| 1 | | employment, not to pick up, deliver, or transport any | 2 | | goods or not to perform any services; | 3 | | (8) to refuse to reduce a collective bargaining | 4 | | agreement to writing or to refuse to sign such agreement; | 5 | | or | 6 | | (9) to strike or cause a strike in any month in which | 7 | | one or more legislative session days are scheduled or to | 8 | | interfere in any other way with the essential operation of | 9 | | the General Assembly. | 10 | | (c) The expressing of any views, argument, or opinion or | 11 | | the dissemination thereof, whether in written, printed, | 12 | | graphic, or visual form, shall not constitute or be evidence | 13 | | of an unfair labor practice under any of the provisions of this | 14 | | Act, if such expression contains no threat of reprisal or | 15 | | force or promise of benefit. | 16 | | (d) The General Assembly shall not discourage legislative | 17 | | employees or applicants to become legislative employees from | 18 | | becoming or remaining union members or authorizing dues | 19 | | deductions, and shall not otherwise interfere with the | 20 | | relationship between legislative employees and their exclusive | 21 | | bargaining representative. The General Assembly shall refer | 22 | | all inquiries about union membership to the exclusive | 23 | | bargaining representative, except that the General Assembly | 24 | | may communicate with legislative employees regarding payroll | 25 | | processes and procedures. The General Assembly will establish | 26 | | email policies in an effort to prohibit the use of its email |
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| 1 | | system by outside sources. | 2 | | Section 55. Unfair labor practice procedures. Unfair labor | 3 | | practices may be dealt with by the Board in the following | 4 | | manner: | 5 | | (a) Whenever it is charged that any person has engaged in | 6 | | or is engaging in any unfair labor practice under this Act, the | 7 | | Board or any agent designated by the Board for such purposes, | 8 | | shall conduct an investigation of the charge. If after such | 9 | | investigation the Board finds that the charge involves a | 10 | | dispositive issue of law or fact, the Board shall issue a | 11 | | complaint and cause to be served upon the person a complaint | 12 | | stating the charges, accompanied by a notice of hearing before | 13 | | the Board or a member thereof designated by the Board, or | 14 | | before a qualified hearing officer designated by the Board at | 15 | | the offices of the Board or such other location as the Board | 16 | | deems appropriate, not less than 5 days after serving of such | 17 | | complaint provided that no complaint shall issue based upon | 18 | | any unfair labor practice occurring more than 6 months before | 19 | | the filing of a charge with the Board and the service of a copy | 20 | | thereof upon the person against whom the charge is made, | 21 | | unless the person aggrieved thereby did not reasonably have | 22 | | knowledge of the alleged unfair labor practice or was | 23 | | prevented from filing such a charge by reason of service in the | 24 | | armed forces, in which event the 6-month period shall be | 25 | | computed from the date of discharge. Any such complaint may be |
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| 1 | | amended by the member or hearing officer conducting the | 2 | | hearing for the Board in the member's or hearing officer's | 3 | | discretion at any time prior to the issuance of an order based | 4 | | thereon. The person who is the subject of the complaint has the | 5 | | right to file an answer to the original or amended complaint | 6 | | and to appear in person or by a representative and give | 7 | | testimony at the place and time fixed in the complaint. In the | 8 | | discretion of the member or hearing officer conducting the | 9 | | hearing or the Board, any other person may be allowed to | 10 | | intervene in the proceeding and to present testimony. In any | 11 | | hearing conducted by the Board, neither the Board nor the | 12 | | member or agent conducting the hearing shall be bound by the | 13 | | rules of evidence applicable to courts, except as to the rules | 14 | | of privilege recognized by law. | 15 | | (b) The Board shall have the power to issue subpoenas and | 16 | | administer oaths. If any party willfully fails or neglects to | 17 | | appear or testify or to produce books, papers, and records | 18 | | pursuant to the issuance of a subpoena by the Board, then the | 19 | | Board may apply to a court of competent jurisdiction to | 20 | | request that such party be ordered to appear before the Board | 21 | | to testify or produce the requested evidence. | 22 | | (c) Any testimony taken by the Board, or a member | 23 | | designated by the Board or a hearing officer thereof, must be | 24 | | reduced to writing and filed with the Board. A full and | 25 | | complete record shall be kept of all proceedings before the | 26 | | Board, and all proceedings shall be transcribed by a reporter |
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| 1 | | appointed by the Board. The party on whom the burden of proof | 2 | | rests shall be required to sustain such burden by a | 3 | | preponderance of the evidence. If, upon a preponderance of the | 4 | | evidence taken, the Board is of the opinion that any person | 5 | | named in the charge has engaged in or is engaging in an unfair | 6 | | labor practice, then it shall state its findings of fact and | 7 | | shall issue and cause to be served upon the person an order | 8 | | requiring the person to cease and desist from the unfair labor | 9 | | practice, and to take such affirmative action, including | 10 | | reinstatement of legislative employees with or without back | 11 | | pay, as will effectuate the policies of this Act. If the Board | 12 | | awards back pay, it shall also award interest at the rate of 7% | 13 | | per annum. The Board's order may further require the person to | 14 | | make reports from time to time, and demonstrate the extent to | 15 | | which he has complied with the order. If there is no | 16 | | preponderance of evidence to indicate to the Board that the | 17 | | person named in the charge has engaged in or is engaging in the | 18 | | unfair labor practice, then the Board shall state its findings | 19 | | of fact and shall issue an order dismissing the complaint. The | 20 | | Board's order may in its discretion also include an | 21 | | appropriate sanction, based on the Board's rules, and the | 22 | | sanction may include an order to pay the other party or | 23 | | parties' reasonable expenses including costs and reasonable | 24 | | attorney's fee, if the other party has made allegations or | 25 | | denials without reasonable cause and found to be untrue or has | 26 | | engaged in frivolous litigation for the purpose of delay or |
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| 1 | | needless increase in the cost of litigation; the State of | 2 | | Illinois or any agency thereof shall be subject to the | 3 | | provisions of this sentence in the same manner as any other | 4 | | party. | 5 | | (d) Until the record in a case has been filed in court, the | 6 | | Board, at any time, upon reasonable notice and in such manner | 7 | | as it deems proper, may modify or set aside, in whole or in | 8 | | part, any finding or order made or issued by it. | 9 | | (e) A charging party or any person aggrieved by a final | 10 | | order of the Board granting or denying in whole or in part the | 11 | | relief sought may apply for and obtain judicial review of an | 12 | | order of the Board entered under this Act, in accordance with | 13 | | the provisions of the Administrative Review Law, as now or | 14 | | hereafter amended, except that such judicial review shall be | 15 | | afforded directly in the Appellate Court for the district in | 16 | | which the aggrieved party resides or transacts business, and | 17 | | provided, that such judicial review shall not be available for | 18 | | the purpose of challenging a final order issued by the Board | 19 | | pursuant to Section 45 for which judicial review has been | 20 | | petitioned pursuant to subsection (i) of Section 45. Any | 21 | | direct appeal to the Appellate Court shall be filed within 35 | 22 | | days from the date that a copy of the decision sought to be | 23 | | reviewed was served upon the party affected by the decision. | 24 | | The filing of such an appeal to the Appellate Court shall not | 25 | | automatically stay the enforcement of the Board's order. An | 26 | | aggrieved party may apply to the Appellate Court for a stay of |
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| 1 | | the enforcement of the Board's order after the aggrieved party | 2 | | has followed the procedure prescribed by Supreme Court Rule | 3 | | 335. The Board in proceedings under this Section may obtain an | 4 | | order of the court for the enforcement of its order. | 5 | | (f) Whenever it appears that any person has violated a | 6 | | final order of the Board issued pursuant to this Section, the | 7 | | Board must commence an action in the name of the People of the | 8 | | State of Illinois by petition, alleging the violation, | 9 | | attaching a copy of the order of the Board, and praying for the | 10 | | issuance of an order directing the person and the person's | 11 | | officers, agents, servants, successors, and assigns to comply | 12 | | with the order of the Board. The Board shall be represented in | 13 | | this action by the Attorney General in accordance with the | 14 | | Attorney General Act. The court may grant or refuse, in whole | 15 | | or in part, the relief sought, provided that the court may stay | 16 | | an order of the Board in accordance with the Administrative | 17 | | Review Law, pending disposition of the proceedings. The court | 18 | | may punish a violation of its order as in civil contempt. | 19 | | (g) The proceedings provided in paragraph (f) of this | 20 | | Section shall be commenced in the Appellate Court for the | 21 | | district where the unfair labor practice which is the subject | 22 | | of the Board's order was committed, or where a person required | 23 | | to cease and desist by such order resides or transacts | 24 | | business. | 25 | | (h) The Board through the Attorney General, shall have | 26 | | power, upon issuance of an unfair labor practice complaint |
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| 1 | | alleging that a person has engaged in or is engaging in an | 2 | | unfair labor practice, to petition the circuit court where the | 3 | | alleged unfair labor practice which is the subject of the | 4 | | Board's complaint was allegedly committed, or where a person | 5 | | required to cease and desist from such alleged unfair labor | 6 | | practice resides or transacts business, for appropriate | 7 | | temporary relief or restraining order. Upon the filing of any | 8 | | such petition, the court shall cause notice thereof to be | 9 | | served upon such persons, and thereupon shall have | 10 | | jurisdiction to grant to the Board such temporary relief or | 11 | | restraining order as it deems just and proper. | 12 | | (i) If an unfair labor practice charge involves the | 13 | | interpretation or application of a collective bargaining | 14 | | agreement and said agreement contains a grievance procedure | 15 | | with binding arbitration as its terminal step, the Board may | 16 | | defer the resolution of such dispute to the grievance and | 17 | | arbitration procedure contained in said agreement. | 18 | | Section 60. Mediation. | 19 | | (a) The services of the mediators listed on the Public | 20 | | Employees Mediation Roster established under Section 12 of the | 21 | | Illinois Public Labor Relations Act shall be available to the | 22 | | Office of State Legislative Labor Relations and to labor | 23 | | organizations upon request of the parties for the purposes of | 24 | | mediation of grievances or contract disputes. Upon the request | 25 | | of either party, services of the Public Employees Mediation |
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| 1 | | Roster shall be available for purposes of arbitrating disputes | 2 | | over interpretation or application of the terms of an | 3 | | agreement pursuant to Section 40. The function of the mediator | 4 | | shall be to communicate with the Office of State Legislative | 5 | | Labor Relations and exclusive representative or their | 6 | | representatives and to endeavor to bring about an amicable and | 7 | | voluntary settlement. Compensation of Roster members for | 8 | | services performed as mediators under this Act shall be paid | 9 | | equally by the parties to a mediated labor dispute. | 10 | | (b) A mediator in a mediated labor dispute shall be | 11 | | selected by the Board from among the members of the Roster. | 12 | | (c) Nothing in this Act or any other law prohibits the use | 13 | | of other mediators selected by the parties for the resolution | 14 | | of disputes over interpretation or application of the terms or | 15 | | conditions of the collective bargaining agreements between the | 16 | | General Assembly and a labor organization. | 17 | | (d) If requested by the parties to a labor dispute, a | 18 | | mediator may perform fact-finding as set forth in Section 65. | 19 | | Section 65. Fact-finding. | 20 | | (a) If, after a reasonable period of negotiation over the | 21 | | terms of the agreement or upon expiration of an existing | 22 | | collective bargaining agreement, the parties have not been | 23 | | able to mutually resolve the dispute, the parties may, by | 24 | | mutual consent, initiate a fact-finding. | 25 | | (b) Within 3 days of such request the Board must submit to |
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| 1 | | the parties a panel of 7 qualified, disinterested persons from | 2 | | the Illinois Public Employees Mediation Roster to serve as a | 3 | | fact-finder. The parties to the dispute shall designate one of | 4 | | the 7 persons to serve as fact-finder. The fact-finder must | 5 | | act independently of the Board and may be the same person who | 6 | | participated in the mediation of the labor dispute if both | 7 | | parties consent. The person selected or appointed as | 8 | | fact-finder shall immediately establish the dates and place of | 9 | | hearings. Upon request, the Board shall schedule hearings to | 10 | | be conducted by the fact-finder. The fact-finder may | 11 | | administer oaths. The fact-finder shall initially determine | 12 | | what issues are in dispute and therefore properly before the | 13 | | fact-finder. Upon completion of the hearings, but no later | 14 | | than 45 days from the date of appointment, the fact-finder | 15 | | must make written findings of facts and recommendations for | 16 | | resolution of the dispute, must serve findings on the General | 17 | | Assembly and the labor organization involved, and must | 18 | | publicize such findings by mailing them to all newspapers of | 19 | | general circulation in the community. The fact-finder's | 20 | | findings shall be advisory only and shall not be binding upon | 21 | | the parties. If the parties do not accept the recommendations | 22 | | of the fact-finder as the basis for settlement, or if the | 23 | | fact-finder does not make written findings of facts and | 24 | | recommendations for the resolution of the dispute and serve | 25 | | and publicize such findings within 45 days of the date of | 26 | | appointment, the parties may resume negotiations. |
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| 1 | | (c) The Office of State Legislative Labor Relations and | 2 | | the labor organization that is certified as exclusive | 3 | | representative or which is recognized as exclusive | 4 | | representative in any particular bargaining unit by the State | 5 | | or political subdivision are the only proper parties to the | 6 | | fact-finding proceedings. | 7 | | Section 70. Act takes precedence. | 8 | | (a) In case of any conflict between the provisions of this | 9 | | Act and any other law (other than Section 5 of the State | 10 | | Employees Group Insurance Act of 1971 and other than the | 11 | | changes made to the Illinois Pension Code by Public Act | 12 | | 96-889), executive order, or administrative regulation | 13 | | relating to wages, hours, and conditions of employment and | 14 | | employment relations, the provisions of this Act or any | 15 | | collective bargaining agreement negotiated thereunder shall | 16 | | prevail and control. The provisions of this Act are subject to | 17 | | Section 5 of the State Employees Group Insurance Act of 1971. | 18 | | (b) Except as provided in subsection (a), any collective | 19 | | bargaining agreement between the General Assembly and a labor | 20 | | organization executed pursuant to this Act shall supersede any | 21 | | contrary statutes, charters, ordinances, rules, or regulations | 22 | | relating to wages, hours, and conditions of employment and | 23 | | employment relations adopted by the General Assembly or its | 24 | | agents. |
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| 1 | | Section 75. Exhaustion of nonjudicial remedies. After the | 2 | | exhaustion of any procedures mandated by a collective | 3 | | bargaining agreement, suits for violation of agreements | 4 | | between the General Assembly and a labor organization | 5 | | representing legislative employees may be brought by the | 6 | | parties to such agreement in the circuit court of Cook County | 7 | | or Sangamon County. | 8 | | Section 80. Right to strike. | 9 | | (a) Nothing in this Act makes it unlawful or makes it an | 10 | | unfair labor practice for legislative employees to strike | 11 | | except as otherwise provided in this Act. Legislative | 12 | | employees who are permitted to strike may strike only if: | 13 | | (1) the employees are represented by an exclusive | 14 | | bargaining representative; | 15 | | (2) the collective bargaining agreement entered into | 16 | | on behalf of the General Assembly and the legislative | 17 | | employees, if any, has expired, or such collective | 18 | | bargaining agreement does not prohibit the strike; | 19 | | (3) the exclusive representative has requested a | 20 | | mediator pursuant to Section 60 for the purpose of | 21 | | mediation or conciliation of a dispute between the General | 22 | | Assembly and the exclusive representative and mediation | 23 | | has been used; | 24 | | (4) the strike does not occur in any month in which one | 25 | | or more legislative session days are scheduled and does |
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| 1 | | not otherwise interfere with the essential operation of | 2 | | the General Assembly; and | 3 | | (5) at least 5 days have elapsed after a notice of | 4 | | intent to strike has been given by the exclusive | 5 | | bargaining representative to the Office of State | 6 | | Legislative Labor Relations. | 7 | | In mediation under this Section, if either party requests | 8 | | the use of mediation services from the Federal Mediation and | 9 | | Conciliation Service, the other party shall either join in | 10 | | such request or bear the additional cost of mediation services | 11 | | from another source. As used in this Section, "legislative | 12 | | session day" does not include a day that is solely a | 13 | | perfunctory session day or a day when only a legislative | 14 | | committee is meeting. | 15 | | (b) A legislative employee who participates in a strike, a | 16 | | work stoppage, or a work slowdown against the General | 17 | | Assembly, in violation of this Section shall be subject to | 18 | | discipline by the employing entity of the General Assembly. | 19 | | Section 85. Prohibitions. Nothing in this Act shall be | 20 | | construed to require an individual legislative employee to | 21 | | render labor or service without the legislative employee's | 22 | | consent; nor shall anything in this Act be construed to make | 23 | | the quitting of employment by an individual legislative | 24 | | employee an illegal act; nor shall any court issue any process | 25 | | to compel the performance by an individual legislative |
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| 1 | | employee of such labor or service, without the employee's | 2 | | consent; nor shall the quitting of labor by a legislative | 3 | | employee or legislative employees in good faith because of | 4 | | abnormally dangerous conditions for work at the place of | 5 | | employment of such employee be deemed a strike under this Act. | 6 | | Section 90. Multiyear collective bargaining agreements. | 7 | | Subject to the appropriation power of the General Assembly, | 8 | | the Office of State Legislative Labor Relations and exclusive | 9 | | representatives may negotiate multiyear collective bargaining | 10 | | agreements pursuant to the provisions of this Act. | 11 | | Section 95. Meetings. The provisions of the Open Meetings | 12 | | Act do not apply to collective bargaining negotiations and | 13 | | grievance arbitration conducted pursuant to this Act. | 14 | | Section 100. Waiver of sovereign immunity. For purposes of | 15 | | this Act, the State of Illinois waives sovereign immunity. | 16 | | Section 105. Application of Labor Dispute Act. The | 17 | | provisions of the Labor Dispute Act apply. | 18 | | Section 900. The Criminal Code of 2012 is amended by | 19 | | changing Section 33G-4 as follows: | 20 | | (720 ILCS 5/33G-4) |
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| 1 | | (Section scheduled to be repealed on June 1, 2025) | 2 | | Sec. 33G-4. Prohibited activities. | 3 | | (a) It is unlawful for any person, who intentionally | 4 | | participates in the operation or management of an enterprise, | 5 | | directly or indirectly, to: | 6 | | (1) knowingly do so, directly or indirectly, through a | 7 | | pattern of predicate activity; | 8 | | (2) knowingly cause another to violate this Article; | 9 | | or | 10 | | (3) knowingly conspire to violate this Article. | 11 | | Notwithstanding any other provision of law, in any | 12 | | prosecution for a conspiracy to violate this Article, no | 13 | | person may be convicted of that conspiracy unless an overt act | 14 | | in furtherance of the agreement is alleged and proved to have | 15 | | been committed by him, her, or by a coconspirator, but the | 16 | | commission of the overt act need not itself constitute | 17 | | predicate activity underlying the specific violation of this | 18 | | Article. | 19 | | (b) It is unlawful for any person knowingly to acquire or | 20 | | maintain, directly or indirectly, through a pattern of | 21 | | predicate activity any interest in, or control of, to any | 22 | | degree, any enterprise, real property, or personal property of | 23 | | any character, including money. | 24 | | (c) Nothing in this Article shall be construed as to make | 25 | | unlawful any activity which is arguably protected or | 26 | | prohibited by the National Labor Relations Act, the Illinois |
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| 1 | | Educational Labor Relations Act, the Legislative Employee | 2 | | Labor Relations Act, the Illinois Public Labor Relations Act, | 3 | | or the Railway Labor Act. | 4 | | (d) The following organizations, and any officer or agent | 5 | | of those organizations acting in his or her official capacity | 6 | | as an officer or agent, may not be sued in civil actions under | 7 | | this Article: | 8 | | (1) a labor organization; or | 9 | | (2) any business defined in Division D, E, F, G, H, or | 10 | | I of the Standard Industrial Classification as established | 11 | | by the Occupational Safety and Health Administration, U.S. | 12 | | Department of Labor. | 13 | | (e) Any person prosecuted under this Article may be | 14 | | convicted and sentenced either: | 15 | | (1) for the offense of conspiring to violate this | 16 | | Article, and for any other particular offense or offenses | 17 | | that may be one of the objects of a conspiracy to violate | 18 | | this Article; or | 19 | | (2) for the offense of violating this Article, and for | 20 | | any other particular offense or offenses that may | 21 | | constitute predicate activity underlying a violation of | 22 | | this Article. | 23 | | (f) The State's Attorney, or a person designated by law to | 24 | | act for him or her and to perform his or her duties during his | 25 | | or her absence or disability, may authorize a criminal | 26 | | prosecution under this Article. Prior to any State's Attorney |
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| 1 | | authorizing a criminal prosecution under this Article, the | 2 | | State's Attorney shall adopt rules and procedures governing | 3 | | the investigation and prosecution of any offense enumerated in | 4 | | this Article. These rules and procedures shall set forth | 5 | | guidelines which require that any potential prosecution under | 6 | | this Article be subject to an internal approval process in | 7 | | which it is determined, in a written prosecution memorandum | 8 | | prepared by the State's Attorney's Office, that (1) a | 9 | | prosecution under this Article is necessary to ensure that the | 10 | | indictment adequately reflects the nature and extent of the | 11 | | criminal conduct involved in a way that prosecution only on | 12 | | the underlying predicate activity would not, and (2) a | 13 | | prosecution under this Article would provide the basis for an | 14 | | appropriate sentence under all the circumstances of the case | 15 | | in a way that a prosecution only on the underlying predicate | 16 | | activity would not. No State's Attorney, or person designated | 17 | | by law to act for him or her and to perform his or her duties | 18 | | during his or her absence or disability, may authorize a | 19 | | criminal prosecution under this Article prior to reviewing the | 20 | | prepared written prosecution memorandum. However, any internal | 21 | | memorandum shall remain protected from disclosure under the | 22 | | attorney-client privilege, and this provision does not create | 23 | | any enforceable right on behalf of any defendant or party, nor | 24 | | does it subject the exercise of prosecutorial discretion to | 25 | | judicial review. | 26 | | (g) A labor organization and any officer or agent of that |
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| 1 | | organization acting in his or her capacity as an officer or | 2 | | agent of the labor organization are exempt from prosecution | 3 | | under this Article. | 4 | | (Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13 .) | 5 | | Section 905. The State Lawsuit Immunity Act is amended by | 6 | | changing Section 1 as follows: | 7 | | (745 ILCS 5/1) (from Ch. 127, par. 801) | 8 | | Sec. 1. Except as provided in the Illinois Public Labor | 9 | | Relations Act, the Legislative Employee Labor Relations Act, | 10 | | the Court of Claims Act, the State Officials and Employees | 11 | | Ethics Act, and Section 1.5 of this Act, the State of Illinois | 12 | | shall not be made a defendant or party in any court. | 13 | | (Source: P.A. 97-618, eff. 10-26-11.) | 14 | | Section 910. The Workplace Violence Prevention Act is | 15 | | amended by changing Section 120 as follows: | 16 | | (820 ILCS 275/120) | 17 | | Sec. 120. Exemptions. | 18 | | (a) The court may not enter a workplace protection | 19 | | restraining order that enjoins the following activities: | 20 | | (1) lawful monitoring of compliance with public or | 21 | | worker safety laws, wage and hour requirements, or other | 22 | | statutory workplace requirements; |
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| 1 | | (2) lawful picketing, patrolling, using a banner, or | 2 | | other lawful protesting at the workplace which arises out | 3 | | of a bona fide labor dispute; and | 4 | | (3) engaging in concerted and protected activities as | 5 | | defined in applicable labor law. | 6 | | (b) As used in this Section, "bona fide labor dispute" | 7 | | means any activity recognized as a labor dispute by the | 8 | | National Labor Relations Act, the Illinois Public Labor | 9 | | Relations Act, the Legislative Employee Labor Relations Act, | 10 | | or the Illinois Educational Labor Relations Act, and includes | 11 | | a controversy concerning: wages, salaries, hours, working | 12 | | conditions, or benefits, including health and welfare, sick | 13 | | leave, insurance, and pension or retirement provisions; the | 14 | | terms to be included in collective bargaining agreements; and | 15 | | the making, maintaining, administering, and filing of protests | 16 | | or grievances under a collective bargaining agreement. | 17 | | (Source: P.A. 98-766, eff. 7-16-14.) | 18 | | Section 995. Severability. The provisions of this Act are | 19 | | severable under Section 1.31 of the Statute on Statutes. | 20 | | Section 999. Effective date. This Act takes effect July 1, | 21 | | 2026, except that this Section and Section 25 take effect on | 22 | | July 1, 2025. |
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