Full Text of HB4241 093rd General Assembly
HB4241eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Displaced Building Service Workers Protection Act.
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| Section 5. Definitions. In this Act:
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| "Building service" means work performed in connection with | 8 |
| the care or maintenance of an existing building and includes, | 9 |
| but is not limited to, work performed by a watchman, security | 10 |
| officer, door staff, building cleaner, maintenance technician, | 11 |
| handyman, janitor, elevator operator, window cleaner, building | 12 |
| engineer and groundskeeper.
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| "Building service contract" means a contract let to any | 14 |
| covered employer for the furnishing of building services and | 15 |
| includes any subcontract for such services.
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| "Building service contractor" means any person who enters | 17 |
| into a building service contract. | 18 |
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"Building service employee" means any person employed as a | 19 |
| building service employee by a covered employer who has been | 20 |
| regularly assigned to a building on a full or part-time basis | 21 |
| for at least 90 days immediately preceding any transition in | 22 |
| employment subject to this Section except for (i) persons who | 23 |
| are managerial, supervisory, or confidential employees, | 24 |
| provided that this exemption shall not apply to building | 25 |
| engineers for existing properties, (ii) persons earning in | 26 |
| excess of $25 per hour from a covered employer, and (iii) | 27 |
| persons regularly scheduled to work fewer than 6 hours per week | 28 |
| at a building. | 29 |
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"State of Illinois" means any city, township, | 30 |
| administration, department, division, bureau, board or | 31 |
| commission, or a corporation, institution, or agency of | 32 |
| government, the expenses of which are paid in whole or in part |
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| from the State treasury. | 2 |
| "Covered employer" means any person who owns or manages | 3 |
| real property, either on its own behalf or for another person, | 4 |
| or any person who contracts or subcontracts with an owner or | 5 |
| manager of real property within the State of Illinois for real | 6 |
| estate, including, but not limited to, housing cooperatives, | 7 |
| condominium associations, building managing agents, and any | 8 |
| building service contractor provided, however, that the | 9 |
| requirements of this Act shall not apply to (i) residential | 10 |
| buildings under 50 units, (ii) commercial office, | 11 |
| institutional, or retail buildings of less than 75,000 square | 12 |
| feet, (iii) any building in which the State of Illinois or any | 13 |
| governmental entity, the head or majority of members of which | 14 |
| are appointed by one or more officers of the State of Illinois, | 15 |
| occupies 50% or more of the rentable square footage, or (iv) | 16 |
| any building that is owned or operated by a hospital or | 17 |
| hospital affiliate as defined in the Hospital Licensing Act. | 18 |
| "Person" means any individual, proprietorship, | 19 |
| partnership, joint venture, corporation, limited liability | 20 |
| company, trust, association, or other entity that may employ | 21 |
| persons or enter into service contracts, but shall not include | 22 |
| the City of Chicago, the State of Illinois, and the federal | 23 |
| government or any other entity, or any individual or entity | 24 |
| managing real property for a governmental entity. | 25 |
| "Successor employer" means a covered employer that (i) has | 26 |
| been awarded a building service contract to provide, in whole | 27 |
| or in part, building services that are substantially similar to | 28 |
| those provided under a service contract that has recently been | 29 |
| terminated, or (ii) has purchased or acquired control of | 30 |
| property in which building service employees were employed.
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| Section 10. Protection for building service employees. | 32 |
| (a) No less than 15 calendar days before terminating any | 33 |
| building service contract, any covered employer shall request | 34 |
| the terminated contractor to provide the successor employer and | 35 |
| any collective bargaining representative of any of the affected |
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| employees a full and accurate list containing the name, | 2 |
| address, date of hire, and employment occupation | 3 |
| classification of each building service employee employed on | 4 |
| the notice date at the site or sites covered by the terminated | 5 |
| contract. | 6 |
| (b) No less than 15 calendar days before transferring a | 7 |
| controlling interest in any covered building in which building | 8 |
| service employees are employed, any covered employer shall | 9 |
| provide to the successor employer and any collective bargaining | 10 |
| representative of any of the affected employees a full and | 11 |
| accurate list containing the name, address, date of hire, and | 12 |
| employment occupation classification of each building service | 13 |
| employee currently employed at the site or sites covered by the | 14 |
| transfer of controlling interest. | 15 |
| (c) Any covered employer shall provide to the successor | 16 |
| employer and any collective bargaining representative of any of | 17 |
| the affected employees a full and accurate list containing the | 18 |
| name, address, date of hire, and employment occupation | 19 |
| classification of each building service employee currently | 20 |
| employed at the site or sites covered by the terminated | 21 |
| building service contract no more than 7 calendar days after | 22 |
| notice that its building service contract has been terminated. | 23 |
| (d) When providing the notice required under this Section, | 24 |
| each covered employer shall ensure that a notice to building | 25 |
| service employees is posted setting forth the rights provided | 26 |
| under this Section and which includes a copy of the list | 27 |
| provided under the proceeding Sections, and that such notice is | 28 |
| also provided to the employees' collective bargaining | 29 |
| representative, if any. The notice and list shall be posted in | 30 |
| the same location and manner that other statutorily required | 31 |
| notices to employees are posted at the affected site or sites. | 32 |
| (e) A successor employer shall retain for a 90-day | 33 |
| transition employment period at the affected site or sites | 34 |
| those building service employees of the terminated building | 35 |
| service contractor and its subcontractors, or other covered | 36 |
| employer, employed at the site or sites covered by the |
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| terminated building service contract or owned or operated by | 2 |
| the former covered employer. | 3 |
| (f) If at any time the successor employer determines that | 4 |
| fewer building service employees are required to perform | 5 |
| building services at the affected building than had been | 6 |
| performing such services under the former employer, the | 7 |
| successor employer shall retain the predecessor building | 8 |
| service employees by seniority within job classification; | 9 |
| provided that during such a 90-day transition period, the | 10 |
| successor employer shall maintain a preferential hiring list of | 11 |
| those building service employees not retained at the building | 12 |
| who shall be given a right of first refusal to any jobs within | 13 |
| their classification that becomes available during that | 14 |
| period. | 15 |
| (g) Except as provided in subsection (f), during such | 16 |
| 90-day period, the successor contractor shall not discharge | 17 |
| without cause an employee retained pursuant to this Section. | 18 |
| (h) At the end of the 90-day transition period, the | 19 |
| successor employer shall perform a written performance | 20 |
| evaluation for each employee retained pursuant to this Section. | 21 |
| If the employee's performance during such 90-day period is | 22 |
| satisfactory, the successor contractor shall offer the | 23 |
| employee continued employment under the terms and conditions | 24 |
| established by the successor employer or as required by law. | 25 |
| Section 15. Violation. | 26 |
| (a) A building service employee who has been discharged or | 27 |
| not retained in violation of this Act may bring an action in | 28 |
| court against a successor contractor and covered employer for | 29 |
| violation of any obligation imposed pursuant to this Act. | 30 |
| (b) The court shall have the authority to order injunctive | 31 |
| relief to prevent or remedy a violation of any obligation | 32 |
| imposed pursuant to this Act. | 33 |
| (c) If the court finds that by reason of a violation of any | 34 |
| obligation imposed pursuant to subsection (b), a building | 35 |
| service employee has been discharged in violation of this |
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| Section, it shall award: | 2 |
| (1) Back pay for each day during which the violation | 3 |
| continues, which shall be calculated at a rate of | 4 |
| compensation not less than the higher of (i) the average | 5 |
| regular rate of pay received by the employee during the | 6 |
| last 3 years of the employee's employment in the same | 7 |
| occupation classification; or (ii) the final regular rate | 8 |
| received by the employee. | 9 |
| (2) Costs of benefits the successor employer would have | 10 |
| incurred for the employee under the successor contractor's | 11 |
| or employer's benefit plans. | 12 |
| (3) The building service employee's reasonable | 13 |
| attorney's fees and costs.
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| (d) In any such action, the court shall have the authority | 15 |
| to order the terminated contractor or former employer to | 16 |
| provide the successor employer with the information required | 17 |
| pursuant to Section 10(c) of this Act. | 18 |
| Section 20. Exemptions.
The provisions of this Act do not | 19 |
| apply: | 20 |
| (1) To any successor employer that, on or before, the | 21 |
| effective date of the
transfer of control from a | 22 |
| predecessor covered employer to the successor employer to | 23 |
| the commencement of services by a successor building | 24 |
| service contractor, agrees to assume, or to be bound by, | 25 |
| the collective bargaining agreement of the predecessor | 26 |
| covered building service employees, provided that the | 27 |
| collective bargaining agreement provides terms and | 28 |
| conditions for the discharge or laying off of employees.
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| (2) Where there is no existing collective bargaining | 30 |
| agreement as described in subdivision (1), to any successor | 31 |
| employer that agrees, on or before the effective date of | 32 |
| the transfer of control from a predecessor covered employer | 33 |
| to the successor employer or the commencement of services | 34 |
| by a successor building service contractor, to enter into a | 35 |
| new collective bargaining agreement covering its building |
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HB4241 Engrossed |
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| service employees, provided that the collective bargaining | 2 |
| agreement provides terms and conditions for the discharged | 3 |
| or laying off of employees. | 4 |
| (3) To any successor employer whose building service | 5 |
| employees will be accredited to a bargaining unit with a | 6 |
| pre-existing collective bargaining agreement, provided | 7 |
| that the collective bargaining agreement provides terms | 8 |
| and conditions for the discharged or laying off of | 9 |
| employees. | 10 |
| (4) To any covered employer that obtains a written | 11 |
| commitment from a successor employer that the successor | 12 |
| employer's building service employees will be covered by a | 13 |
| collective bargaining agreement falling within subdivision | 14 |
| (1), (2), or (3).
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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