820 ILCS 10/ Collective Bargaining Successor Employer Act.

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EMPLOYMENT
(820 ILCS 10/) Collective Bargaining Successor Employer Act.

820 ILCS 10/0.01

(820 ILCS 10/0.01) (from Ch. 48, par. 2570)

Sec. 0.01.

Short title.

This Act may be cited as the

Collective Bargaining Successor Employer Act.

(Source: P.A. 86-1324.)

820 ILCS 10/1

(820 ILCS 10/1) (from Ch. 48, par. 2571)

Sec. 1.

(a) Where a collective bargaining agreement between an employer
and a labor organization contains a successor clause, such clause shall
be binding upon and enforceable against any successor employer who succeeds
to the contracting employer's business, until the expiration date of the
agreement therein stated.  No such successor clause shall be binding
upon or enforceable against any successor employer for more than 3 years
from the effective date of the collective bargaining agreement between the
contracting employer and the labor organization.

(b) As used in this Section, "successor employer" means any purchaser,
assignee, or transferee of a business the employees of which are subject
to a collective bargaining agreement, if such purchaser, assignee, or
transferee conducts or will conduct substantially the same business
operation, or offer the same service, and use the same physical facilities,
as the contracting employer.

(c) This Section shall not apply to a receiver or trustee in bankruptcy
of any contracting employer who has gone into receivership or bankruptcy,
or to any employer who acquires a business from a receiver or trustee in bankruptcy.

(d) An employer who is a party to a collective bargaining agreement
containing a successor clause has the affirmative duty to disclose the
existence of such agreement and such clause to any successor employer.
Such disclosure requirement shall be satisfied by including in any contract
of sale, agreement to purchase, or any similar instrument of conveyance, a
statement that the successor employer is bound by such successor clause as
provided for in the collective bargaining agreement. Failure of an employer
to disclose the existence of a collective bargaining agreement containing a
successor clause as required by this subsection (d) shall not affect the
enforceability of such collective bargaining agreement against a successor employer.

(Source: P.A. 85-300.)

820 ILCS 10/2

(820 ILCS 10/2) (from Ch. 48, par. 2572)

Sec. 2.

Whoever violates this Act is guilty of a business offense with a
fine not to exceed $5,000.

(Source: P.A. 85-300.)