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Public Act 101-0620 | ||||
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AN ACT concerning government.
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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 5. The Freedom of Information Act is amended by | ||||
changing Section 7.5 as follows: | ||||
(5 ILCS 140/7.5) | ||||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||||
by the statutes referenced below, the following shall be exempt | ||||
from inspection and copying: | ||||
(a) All information determined to be confidential | ||||
under Section 4002 of the Technology Advancement and | ||||
Development Act. | ||||
(b) Library circulation and order records identifying | ||||
library users with specific materials under the Library | ||||
Records Confidentiality Act. | ||||
(c) Applications, related documents, and medical | ||||
records received by the Experimental Organ Transplantation | ||||
Procedures Board and any and all documents or other records | ||||
prepared by the Experimental Organ Transplantation | ||||
Procedures Board or its staff relating to applications it | ||||
has received. | ||||
(d) Information and records held by the Department of | ||||
Public Health and its authorized representatives relating |
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information |
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair |
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Records Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
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(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law ) . | ||
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services |
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day and | ||
temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. | ||
(mm) (ll) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) (ll) Information that is exempt from disclosure | ||
under Section 70 of the Higher Education Student Assistance | ||
Act. | ||
(oo) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(pp) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(qq) Information prohibited from being disclosed under | ||
Section 1-167 of the Illinois Pension Code. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||
10-12-18.) |
Section 10. The Illinois Public Labor Relations Act is | ||
amended by changing Sections 6 and 10 and by adding Section 6.5 | ||
as follows:
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(5 ILCS 315/6) (from Ch. 48, par. 1606)
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Sec. 6. Right to organize and bargain collectively; | ||
exclusive
representation; and fair share arrangements. | ||
(a) Employees of the State and
any political subdivision of | ||
the State, excluding employees of the General
Assembly of the | ||
State of Illinois and employees excluded from the definition of | ||
"public employee" under subsection (n) of Section 3 of this | ||
Act, have, and are protected in the exercise
of, the right of | ||
self-organization,
and may form, join or assist any labor | ||
organization, to bargain collectively
through representatives | ||
of their own choosing on questions of wages, hours
and other | ||
conditions of employment, not excluded by Section 4 of this | ||
Act,
and to engage in other concerted activities not otherwise | ||
prohibited by law
for the purposes of collective bargaining or | ||
other mutual aid or protection,
free from interference, | ||
restraint or coercion. Employees also have, and
are protected | ||
in the exercise of, the right to refrain from participating
in | ||
any such concerted activities. Employees may be required,
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pursuant to the terms of a lawful fair share agreement, to pay | ||
a fee which
shall be their proportionate share
of the costs of | ||
the collective bargaining process, contract administration
and |
pursuing matters affecting wages, hours and other conditions of | ||
employment
as defined in Section 3(g).
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(b) Nothing in this Act prevents an employee from | ||
presenting a grievance
to the employer and having the grievance | ||
heard and settled without the
intervention of an employee | ||
organization; provided that the exclusive
bargaining | ||
representative is afforded the opportunity to be present at | ||
such
conference and that any settlement made shall not be | ||
inconsistent with the
terms of any agreement in effect between | ||
the employer and the exclusive
bargaining representative.
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(c) A labor organization designated by the Board as the | ||
representative
of the majority of public employees in an | ||
appropriate unit in accordance
with the procedures herein or | ||
recognized
by a public employer as the representative of the | ||
majority of public employees
in an appropriate unit is the | ||
exclusive representative for the employees
of such unit for the | ||
purpose of collective bargaining with respect to rates
of pay, | ||
wages, hours and other conditions of employment not excluded by
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Section 4 of this Act. Unless otherwise mutually agreed, a A | ||
public employer is required at least once each month and upon | ||
request , to furnish the exclusive bargaining representative | ||
with a complete list of the names and addresses of the public | ||
employees in the bargaining unit, provided that a public | ||
employer shall not be required to furnish such a list more than | ||
once per payroll period. The exclusive bargaining | ||
representative shall use the list exclusively for bargaining |
representation purposes and shall not disclose any information | ||
contained in the list for any other purpose. Nothing in this | ||
Section, however, shall prohibit a bargaining representative | ||
from disseminating a list of its union members.
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At the time the public employer provides such list, it | ||
shall also provide to the exclusive representative, in an Excel | ||
file or other mutually agreed upon editable digital file | ||
format, the employee's job title, worksite location, work | ||
telephone numbers, identification number if available, and any | ||
home and personal cellular telephone numbers on file with the | ||
employer, date of hire, work email address, and any personal | ||
email address on file with the employer. In addition, unless | ||
otherwise mutually agreed, within 10 calendar days from the | ||
date of hire of a bargaining unit employee, the public employer | ||
shall provide to the exclusive representative, in an electronic | ||
file or other mutually agreed upon format, the following | ||
information about the new employee: the employee's name, job | ||
title, worksite location, home address, work telephone | ||
numbers, and any home and personal cellular telephone numbers | ||
on file with the employer, date of hire, work email address, | ||
and any personal email address on file with the employer. | ||
(c-5) No employer shall disclose the following information | ||
of any employee: (1) the employee's home address (including ZIP | ||
code and county); (2) the employee's date of birth; (3) the | ||
employee's home and personal phone number; (4) the employee's | ||
personal email address; (5) any information personally |
identifying employee membership or membership status in a labor | ||
organization or other voluntary association affiliated with a | ||
labor organization or a labor federation (including whether | ||
employees are members of such organization, the identity of | ||
such organization, whether or not employees pay or authorize | ||
the payment of any dues or moneys to such organization, and the | ||
amounts of such dues or moneys); and (6) emails or other | ||
communications between a labor organization and its members. | ||
As soon as practicable after receiving a request for any | ||
information prohibited from disclosure under this subsection | ||
(c-5), excluding a request from the exclusive bargaining | ||
representative of the employee, the employer must provide a | ||
written copy of the request, or a written summary of any oral | ||
request, to the exclusive bargaining representative of the | ||
employee or, if no such representative exists, to the employee. | ||
The employer must also provide a copy of any response it has | ||
made within 5 business days of sending the response to any | ||
request. | ||
If an employer discloses information in violation of this | ||
subsection (c-5), an aggrieved employee of the employer or his | ||
or her exclusive bargaining representative may file an unfair | ||
labor practice charge with the Illinois Labor Relations Board | ||
pursuant to Section 10 of this Act or commence an action in the | ||
circuit court to enforce the provisions of this Act, including | ||
actions to compel compliance, if an employer willfully and | ||
wantonly discloses information in violation of this |
subsection. The circuit court for the county in which the | ||
complainant resides, in which the complainant is employed, or | ||
in which the employer is located shall have jurisdiction in | ||
this matter. | ||
This subsection does not apply to disclosures (i) required | ||
under the Freedom of Information Act, (ii) for purposes of | ||
conducting public operations or business, or (iii) to the | ||
exclusive representative. | ||
(c-10) Employers shall provide to exclusive | ||
representatives, including their agents and employees, | ||
reasonable access to employees in the bargaining units they | ||
represent. This access shall at all times be conducted in a | ||
manner so as not to impede normal operations. | ||
(1) Access includes the following: | ||
(A) the right to meet with one or more employees on | ||
the employer's premises during the work day to | ||
investigate and discuss grievances and | ||
workplace-related complaints without charge to pay or | ||
leave time of employees or agents of the exclusive | ||
representative; | ||
(B) the right to conduct worksite meetings during | ||
lunch and other non-work breaks, and before and after | ||
the workday, on the employer's premises to discuss | ||
collective bargaining negotiations, the administration | ||
of collective bargaining agreements, other matters | ||
related to the duties of the exclusive representative, |
and internal matters involving the governance or | ||
business of the exclusive representative, without | ||
charge to pay or leave time of employees or agents of | ||
the exclusive representative; | ||
(C) the right to meet with newly hired employees, | ||
without charge to pay or leave time of the employees or | ||
agents of the exclusive representative, on the | ||
employer's premises or at a location mutually agreed to | ||
by the employer and exclusive representative for up to | ||
one hour either within the first two weeks of | ||
employment in the bargaining unit or at a later date | ||
and time if mutually agreed upon by the employer and | ||
the exclusive representative; and | ||
(D) the right to use the facility mailboxes and | ||
bulletin boards of the employer to communicate with | ||
bargaining unit employees regarding collective | ||
bargaining negotiations, the administration of the | ||
collective bargaining agreements, the investigation of | ||
grievances, other workplace-related complaints and | ||
issues, and internal matters involving the governance | ||
or business of the exclusive representative. | ||
(2) Nothing in this Section shall prohibit an employer | ||
and exclusive representative from agreeing in a collective | ||
bargaining agreement to provide the exclusive | ||
representative greater access to bargaining unit | ||
employees, including through the use of the employer's |
email system. | ||
(d) Labor organizations recognized by a public employer as | ||
the exclusive
representative or so designated in accordance | ||
with the provisions of this
Act are responsible for | ||
representing the interests of all public employees
in the unit. | ||
Nothing herein shall be construed to limit an exclusive
| ||
representative's right to exercise its discretion to refuse to | ||
process
grievances of employees that are unmeritorious.
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(e) When a collective bargaining agreement is entered into | ||
with an exclusive
representative, it may include in the | ||
agreement a provision requiring employees
covered by the | ||
agreement who are not members of the organization to pay
their | ||
proportionate share of the costs of the collective bargaining | ||
process,
contract administration and pursuing matters | ||
affecting wages, hours and
conditions of employment, as defined | ||
in Section 3 (g), but not to exceed
the amount of dues | ||
uniformly required of members. The organization shall
certify | ||
to the employer the amount constituting each nonmember | ||
employee's
proportionate share which shall not exceed dues | ||
uniformly required of members.
In such case, the proportionate | ||
share payment in this Section shall be deducted
by the employer | ||
from the earnings of the nonmember employees and paid to
the | ||
employee organization.
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(f) Employers shall make Only the exclusive representative | ||
may negotiate
provisions in a collective bargaining agreement | ||
providing for the payroll deductions
deduction of labor |
organization dues, fair share payment, initiation fees ,
and | ||
assessments , and other payments for a labor organization that | ||
is the exclusive representative . Such Except as provided in | ||
subsection (e) of this Section, any
such deductions shall only | ||
be made in accordance with the terms of upon an employee's | ||
written
authorization, and continued until revoked in writing | ||
in the same manner or
until the termination date of an | ||
applicable collective bargaining
agreement. Such payments | ||
shall be paid to the exclusive representative. Written | ||
authorization may be evidenced by electronic communications, | ||
and such writing or communication may be evidenced by the | ||
electronic signature of the employee as provided under Section | ||
5-120 of the Electronic Commerce Security Act.
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There is no impediment to an employee's right to resign | ||
union membership at any time. However, notwithstanding any | ||
other provision of law to the contrary regarding authorization | ||
and deduction of dues or other payments to a labor | ||
organization, the exclusive representative and a public | ||
employee may agree to reasonable limits on the right of the | ||
employee to revoke such authorization, including a period of | ||
irrevocability that exceeds one year. An authorization that is | ||
irrevocable for one year, which may be automatically renewed | ||
for successive annual periods in accordance with the terms of | ||
the authorization, and that contains at least an annual 10-day | ||
period of time during which the employee may revoke the | ||
authorization, shall be deemed reasonable. |
This Section shall apply to all claims that allege that a | ||
labor organization or a public employer has improperly deducted | ||
or collected dues from an employee without regard to whether | ||
the claims or the facts upon which they are based occurred | ||
before, on, or after the effective date of this amendatory Act | ||
of the 101st General Assembly and shall apply retroactively to | ||
the maximum extent permitted by law. | ||
(f-5) Where a collective bargaining agreement is | ||
terminated, or continues in effect beyond its scheduled | ||
expiration date pending the negotiation of a successor | ||
agreement or the resolution of an impasse under Section 14, the | ||
employer shall continue to honor and abide by any dues | ||
deduction or fair share clause contained therein until a new | ||
agreement is reached including dues deduction or a fair share | ||
clause. For the benefit of any successor exclusive | ||
representative certified under this Act, this provision shall | ||
be applicable, provided the successor exclusive | ||
representative: | ||
(i) certifies to the employer the amount constituting | ||
each non-member's proportionate share under subsection | ||
(e); or | ||
(ii) presents the employer with employee written | ||
authorizations for the deduction of dues, assessments, and | ||
fees under this subsection. | ||
Failure to so honor and abide by dues deduction or fair | ||
share clauses for the benefit of any exclusive representative, |
including a successor, shall be a violation of the duty to | ||
bargain and an unfair labor practice.
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(f-10) Upon receiving written notice of authorization, the | ||
public employer must commence dues deductions as soon as | ||
practicable, but in no case later than 30 days after receiving | ||
notice from the labor organization. Employee deductions shall | ||
be transmitted to the labor organization no later than 30 days | ||
after they are deducted unless a shorter period is mutually | ||
agreed to. | ||
(f-15) Deductions shall remain in effect until: | ||
(1) the public employer receives notice that a public | ||
employee has revoked their authorization in writing in | ||
accordance with the terms of the authorization; or | ||
(2) the individual employee is no longer employed by | ||
the public employer in a bargaining unit position | ||
represented by the same exclusive representative, provided | ||
that if the employee is, within a period of one year, | ||
employed by the same public employer in a position | ||
represented by the same labor organization, the right to | ||
dues deduction shall be automatically reinstated. | ||
Nothing in this subsection prevents an employee from | ||
continuing to authorize payroll deductions when no longer | ||
represented by the exclusive representative that would receive | ||
such deduction. | ||
Should the individual employee who has signed a dues | ||
deduction authorization card either be removed from a public |
employer's payroll or otherwise placed on any type of | ||
involuntary or voluntary leave of absence, whether paid or | ||
unpaid, the public employee's dues deduction shall be continued | ||
upon that public employee's return to the payroll in a | ||
bargaining unit position represented by the same exclusive | ||
representative or restoration to active duty from such a leave | ||
of absence. | ||
(f-20) Unless otherwise mutually agreed by the public | ||
employer and the exclusive representative, employee requests | ||
to authorize, revoke, cancel, or change authorizations for | ||
payroll deductions for labor organizations shall be directed to | ||
the labor organization rather than to the public employer. The | ||
labor organization shall be responsible for initially | ||
processing and notifying the public employer of proper requests | ||
or providing proper requests to the employer. If the requests | ||
are not provided to the public employer, the employer shall | ||
rely on information provided by the labor organization | ||
regarding whether deductions for a labor organization were | ||
properly authorized, revoked, canceled, or changed, and the | ||
labor organization shall indemnify the public employer for any | ||
damages and reasonable costs incurred for any claims made by | ||
employees for deductions made in good faith reliance on that | ||
information. | ||
(f-25) Upon receipt by the exclusive representative of an | ||
appropriate written authorization from an employee, written | ||
notice of authorization shall be provided to the employer and |
any authorized deductions shall be made in accordance with law. | ||
The labor organization shall indemnify the public employer for | ||
any damages and reasonable costs incurred for any claims made | ||
by employees for deductions made in good faith reliance on its | ||
notification. | ||
(f-30) The failure of an employer to comply with the | ||
provisions of this Section shall be a violation of the duty to | ||
bargain and an unfair labor practice. Relief for the violation | ||
shall be reimbursement by the public employer of dues that | ||
should have been deducted or paid based on a valid | ||
authorization given by the employee or employees. In addition, | ||
the provisions of a collective bargaining agreement that | ||
contain the obligations set forth in this Section may be | ||
enforced in accordance with Sections 8 and 16. | ||
(f-35) The Illinois Labor Relations Board shall have | ||
exclusive jurisdiction over claims under Illinois law that | ||
allege that a labor organization has unlawfully collected dues | ||
from a public employee in violation of this Act. The Board | ||
shall by rule require that in cases in which a public employee | ||
alleges that a labor organization has unlawfully collected | ||
dues, the public employer shall continue to deduct the | ||
employee's dues from the employee's pay, but shall transmit the | ||
dues to the Board for deposit in an escrow account maintained | ||
by the Board. If the exclusive representative maintains an | ||
escrow account for the purpose of holding dues to which an | ||
employee has objected, the employer shall transmit the entire |
amount of dues to the exclusive representative, and the | ||
exclusive representative shall hold in escrow the dues that the | ||
employer would otherwise have been required to transmit to the | ||
Board for escrow; provided that the escrow account maintained | ||
by the exclusive representative complies with rules adopted by | ||
the Board or that the collective bargaining agreement requiring | ||
the payment of the dues contains an indemnification provision | ||
for the purpose of indemnifying the employer with respect to | ||
the employer's transmission of dues to the exclusive | ||
representative. | ||
(f-40) If any clause, sentence, paragraph, or subparagraph | ||
of this Section shall be adjudged by a court of competent | ||
jurisdiction to be unconstitutional or otherwise invalid, that | ||
judgment shall not affect, impair, or invalidate the remainder | ||
thereof, but shall be confined in its operation to the clause, | ||
sentence, paragraph, or subparagraph of this Section directly | ||
involved in the controversy in which that judgment shall have | ||
been rendered. | ||
If any clause, sentence, paragraph, or part of a signed | ||
authorization for payroll deductions shall be adjudged by a | ||
court of competent jurisdiction to be unconstitutional or | ||
otherwise invalid, that judgment shall not affect, impair, or | ||
invalidate the remainder of the signed authorization, but shall | ||
be confined in its operation to the clause, sentence, | ||
paragraph, or part of the signed authorization directly | ||
involved in the controversy in which that judgment shall have |
been rendered. | ||
(g) Agreements containing a fair share agreement must | ||
safeguard the right
of nonassociation of employees based upon | ||
bona fide religious tenets or
teachings of a church or | ||
religious body of which such employees are members.
Such | ||
employees may be required to pay an amount equal to their fair | ||
share,
determined under a lawful fair share agreement, to a | ||
nonreligious charitable
organization mutually agreed upon by | ||
the employees affected and the exclusive
bargaining | ||
representative to which such employees would otherwise pay such
| ||
service fee. If the affected employees and the bargaining | ||
representative
are unable to reach an agreement on the matter, | ||
the Board may establish an
approved list of charitable | ||
organizations to which such payments may be made.
| ||
(Source: P.A. 97-1172, eff. 4-5-13.)
| ||
(5 ILCS 315/6.5 new) | ||
Sec. 6.5. Defense to liability. | ||
(a) The General Assembly declares that public employees who | ||
paid agency or fair share fees as a condition of public | ||
employment in accordance with State laws and United States | ||
Supreme Court precedent prior to June 27, 2018 had no | ||
legitimate expectation of receiving that money back under any | ||
then available cause of action. Public employers and labor | ||
organizations who relied on State law and Supreme Court | ||
precedent in deducting and accepting those fees were not liable |
to refund them. Agency or fair share fees were paid for | ||
collective bargaining representation that employee | ||
organizations were obligated by State law to provide to | ||
employees. Additionally, it should be presumed that employees | ||
who signed written membership or dues authorization agreements | ||
prior to this time knew and freely accepted the contractual | ||
obligations set forth in those agreements. Application of this | ||
Section to claims pending on the effective date of this | ||
amendatory Act of the 101st General Assembly will preserve, | ||
rather than interfere with, important reliance interests. This | ||
Section is therefore necessary to provide certainty to public | ||
employers and labor organizations that relied on State law and | ||
to avoid disruption of public employee labor relations after | ||
the United States Supreme Court's decision in Janus v. AFSCME | ||
Council 31, 138 S. Ct. 2448 (2018). | ||
(b) No public employer or labor organization, or any of its | ||
employees or agents, shall be liable for, and they shall have a | ||
complete defense to, any claims or actions under the laws of | ||
this State for requiring, deducting, receiving, or retaining | ||
dues, agency fees, or fair share fees from public employees, | ||
and current or former public employees shall not have standing | ||
to pursue these claims or actions if the dues or fees were | ||
permitted under the laws of this State then in force and paid, | ||
through payroll deduction or otherwise, prior to June 27, 2018. | ||
(c) This Section shall apply to claims and actions pending | ||
on the effective date of this amendatory Act of the 101st |
General Assembly, as well to claims and actions on or after | ||
that date. | ||
(d) This Section is a declaration of existing law and shall | ||
not be construed as a new enactment.
| ||
(5 ILCS 315/10) (from Ch. 48, par. 1610)
| ||
Sec. 10. Unfair labor practices.
| ||
(a) It shall be an unfair labor practice
for an employer or | ||
its agents:
| ||
(1) to interfere with, restrain or coerce public | ||
employees in the
exercise of the rights guaranteed in this | ||
Act or to dominate or interfere
with the formation, | ||
existence or administration of any labor organization
or | ||
contribute financial or other support to it; provided, an | ||
employer shall
not be prohibited from permitting employees | ||
to confer with him during
working hours without loss of | ||
time or pay;
| ||
(2) to discriminate in regard to hire or tenure of | ||
employment or any term
or condition of employment in order | ||
to encourage or discourage membership
in or other support | ||
for any labor organization. Nothing in this Act or any
| ||
other law precludes a public employer from making an | ||
agreement with a labor
organization to require as a | ||
condition of employment the payment of a fair
share under | ||
paragraph (e) of Section 6;
| ||
(3) to discharge or otherwise discriminate against a |
public employee because
he has signed or filed an | ||
affidavit, petition or charge or provided any
information | ||
or testimony under this Act;
| ||
(4) to refuse to bargain collectively in good faith | ||
with a labor
organization which is the exclusive | ||
representative of public employees in
an appropriate unit, | ||
including, but not limited to, the discussing of
grievances | ||
with the exclusive representative;
| ||
(5) to violate any of the rules and regulations | ||
established by the Board
with jurisdiction over them | ||
relating to the conduct of representation elections
or the | ||
conduct affecting the representation elections;
| ||
(6) to expend or cause the expenditure of public funds | ||
to any external
agent, individual, firm, agency, | ||
partnership or association in any attempt
to influence the | ||
outcome of representational elections held pursuant to
| ||
Section 9 of this Act; provided, that nothing in this | ||
subsection shall be
construed to limit an employer's right | ||
to internally communicate with its
employees as provided in | ||
subsection (c) of this Section, to be represented
on any | ||
matter pertaining to unit determinations, unfair labor | ||
practice
charges or pre-election conferences in any formal | ||
or informal proceeding
before the Board, or to seek or | ||
obtain advice from legal counsel.
Nothing in this paragraph | ||
shall be construed to prohibit an employer from
expending | ||
or causing the expenditure of public funds on, or seeking |
or
obtaining services or advice from, any organization, | ||
group, or association
established by and including public | ||
or educational employers, whether
covered by this Act, the | ||
Illinois Educational Labor Relations Act or the
public | ||
employment labor relations law of any other state or the | ||
federal
government, provided that such services or advice | ||
are generally available
to the membership of the | ||
organization, group or association, and are not
offered | ||
solely in an attempt to influence the outcome of a | ||
particular
representational election; or
| ||
(7) to refuse to reduce a collective bargaining | ||
agreement to writing
or to refuse to sign such agreement ; .
| ||
(8) to interfere with, restrain, coerce, deter, or | ||
discourage public employees or applicants to be public | ||
employees from: (i) becoming or remaining members of a | ||
labor organization; (ii) authorizing representation by a | ||
labor organization; or (iii) authorizing dues or fee | ||
deductions to a labor organization, nor shall the employer | ||
intentionally permit outside third parties to use its email | ||
or other communication systems to engage in that conduct. | ||
An employer's good faith implementation of a policy to | ||
block the use of its email or other communication systems | ||
for such purposes shall be a defense to an unfair labor | ||
practice; or | ||
(9) to disclose to any person or entity information set | ||
forth in subsection (c-5) of Section 6 of this Act that the |
employer knows or should know will be used to interfere | ||
with, restrain, coerce, deter, or discourage any public | ||
employee from: (i) becoming or remaining members of a labor | ||
organization, (ii) authorizing representation by a labor | ||
organization, or (iii) authorizing dues or fee deductions | ||
to a labor organization. | ||
(b) It shall be an unfair labor practice for a labor | ||
organization or its agents:
| ||
(1) to restrain or coerce public employees in the | ||
exercise of the rights
guaranteed in this Act, provided, | ||
(i) that this paragraph shall
not impair the right of a | ||
labor organization to prescribe its own rules
with respect | ||
to the acquisition or retention of membership therein or | ||
the
determination of fair share payments and (ii) that a | ||
labor organization
or its agents shall commit an unfair | ||
labor practice under this paragraph in
duty of fair | ||
representation cases only by intentional misconduct in
| ||
representing employees under this Act;
| ||
(2) to restrain or coerce a public employer in the | ||
selection of his
representatives for the purposes of | ||
collective bargaining or the settlement
of grievances; or
| ||
(3) to cause, or attempt to cause, an employer to | ||
discriminate against
an employee in violation of | ||
subsection (a)(2);
| ||
(4) to refuse to bargain collectively in good faith | ||
with a public employer,
if it has been designated in |
accordance with the provisions of this Act
as the exclusive | ||
representative of public employees in an appropriate unit;
| ||
(5) to violate any of the rules and regulations | ||
established by the
boards with jurisdiction over them | ||
relating to the conduct of
representation elections or the | ||
conduct affecting the representation elections;
| ||
(6) to discriminate against any employee because he has | ||
signed or filed
an affidavit, petition or charge or | ||
provided any information or testimony
under this Act;
| ||
(7) to picket or cause to be picketed, or threaten to | ||
picket or cause
to be picketed, any public employer where | ||
an object thereof is forcing or
requiring an employer to | ||
recognize or bargain with a labor organization
of the | ||
representative of its employees, or forcing or requiring | ||
the employees
of an employer to accept or select such labor | ||
organization as their collective
bargaining | ||
representative, unless such labor organization is | ||
currently
certified as the representative of such | ||
employees:
| ||
(A) where the employer has lawfully recognized in | ||
accordance with this
Act any labor organization and a | ||
question concerning representation may
not | ||
appropriately be raised under Section 9 of this Act;
| ||
(B) where within the preceding 12 months a valid | ||
election under Section
9 of this Act has been | ||
conducted; or
|
(C) where such picketing has been conducted | ||
without a petition under Section
9 being filed within a | ||
reasonable period of time not to exceed 30 days from
| ||
the commencement of such picketing; provided that when | ||
such a petition has
been filed the Board shall | ||
forthwith, without regard to the provisions of
| ||
subsection (a) of Section 9 or the absence of a showing | ||
of a substantial
interest on the part of the labor | ||
organization, direct an election in such
unit as the | ||
Board finds to be appropriate and shall certify the | ||
results
thereof; provided further, that nothing in | ||
this subparagraph shall be construed
to prohibit any | ||
picketing or other publicity for the purpose of | ||
truthfully
advising the public that an employer does | ||
not employ members of, or have a
contract with, a labor | ||
organization unless an effect of such picketing is
to | ||
induce any individual employed by any other person in | ||
the course of his
employment, not to pick up, deliver, | ||
or transport any goods or not to
perform any services; | ||
or
| ||
(8) to refuse to reduce a collective bargaining | ||
agreement to writing
or to refuse to sign such agreement.
| ||
(c) The expressing of any views, argument, or opinion or | ||
the
dissemination thereof, whether in written, printed, | ||
graphic, or visual
form, shall not constitute or be evidence of | ||
an unfair labor practice under
any of the provisions of this |
Act, if such expression contains no threat of
reprisal or force | ||
or promise of benefit.
| ||
(d) The employer shall not discourage public employees or | ||
applicants to be public employees from becoming or remaining | ||
union members or authorizing dues deductions, and shall not | ||
otherwise interfere with the relationship between employees | ||
and their exclusive bargaining representative. The employer | ||
shall refer all inquiries about union membership to the | ||
exclusive bargaining representative, except that the employer | ||
may communicate with employees regarding payroll processes and | ||
procedures. The employer will establish email policies in an | ||
effort to prohibit the use of its email system by outside | ||
sources. | ||
(Source: P.A. 86-412; 87-736 .)
| ||
Section 15. The State Comptroller Act is amended by | ||
changing Section 20 as follows:
| ||
(15 ILCS 405/20) (from Ch. 15, par. 220)
| ||
Sec. 20. Annual report. The Comptroller shall annually, as | ||
soon as possible after the close
of the fiscal year but no | ||
later than December 31, make out and present
to the Governor, | ||
the President of the Senate, the Speaker of the House
of | ||
Representatives, the Minority Leader of the Senate, and the | ||
Minority
Leader of the House of Representatives a report, | ||
showing the amount of
warrants drawn on the treasury, on other |
funds held by the State
Treasurer and on any public funds held | ||
by State agencies, during the
preceding fiscal year, and | ||
stating, particularly, on what account they
were drawn, and if | ||
drawn on the contingent fund, to whom and for what
they were | ||
issued. He or she shall, also, at the same time, report to the
| ||
Governor, the President of the Senate, the Speaker of the House | ||
of
Representatives, the Minority Leader of the Senate, and the | ||
Minority
Leader of the House of Representatives the amount of | ||
money received into
the treasury, into other funds held by the | ||
State Treasurer and into any
other funds held by State agencies | ||
during the preceding fiscal year, and
stating particularly, the | ||
source from which the same may be derived, and
also a general | ||
account of all the business of his office during the
preceding | ||
fiscal year. The report shall also summarize for the previous
| ||
fiscal year the information required under Section 19.
| ||
Within 60 days after the expiration of each calendar year, | ||
the Comptroller
shall compile, from records maintained and | ||
available in his
office, a list of all persons including those | ||
employed in the Office of the Comptroller, who have been | ||
employed by the State during the past
calendar year and paid | ||
from funds in the hands of the State Treasurer.
| ||
The list shall be arranged according to counties and shall | ||
state in
alphabetical order the name of each employee, the | ||
address in the county
in which he votes, except as specified | ||
below, the position , and the
total salary paid to him or her | ||
during
the past calendar year, rounded to the nearest hundred |
dollar. For persons employed by the Department of
Corrections, | ||
Department of Children and Family Services, Department of | ||
Juvenile Justice, Office of the State's Attorneys Appellate | ||
Prosecutor, and the Department
of State Police, as well as | ||
their spouses, no address shall be listed. The list so compiled | ||
and
arranged shall be kept
on file in the office of the | ||
Comptroller and be open to inspection by
the public at all | ||
times.
| ||
No person who utilizes the names obtained from this list | ||
for solicitation
shall represent that such solicitation is | ||
authorized by any officer or agency
of the State of Illinois. | ||
Violation of this provision is a Business Offense
punishable by | ||
a fine not to exceed $3,000.
| ||
(Source: P.A. 100-253, eff. 1-1-18 .)
| ||
Section 20. The Illinois Pension Code is amended by adding | ||
Section 1-167 as follows: | ||
(40 ILCS 5/1-167 new) | ||
Sec. 1-167. Prohibited disclosures. No pension fund or | ||
retirement system subject to this Code shall disclose the | ||
following information of any members or participants of any | ||
pension fund or retirement system: (1) the individual's home | ||
address (including ZIP code and county); (2) the individual's | ||
date of birth; (3) the individual's home and personal phone | ||
number; (4) the individual's personal email address; (5) |
personally identifying member or participant deduction | ||
information; or (6) any membership status in a labor | ||
organization or other voluntary association affiliated with a | ||
labor organization or labor federation (including whether | ||
participants are members of such organization, the identity of | ||
such organization, whether or not participants pay or authorize | ||
the payment of any dues or moneys to such organization, and the | ||
amounts of such dues or moneys). | ||
This Section does not apply to disclosures (i) required | ||
under the Freedom of Information Act, (ii) for purposes of | ||
conducting public operations or business, or (iii) to a labor | ||
organization or other voluntary association affiliated with a | ||
labor organization or labor federation. | ||
Section 25. The Illinois Fire Protection Training Act is | ||
amended by changing Section 8 as follows:
| ||
(50 ILCS 740/8) (from Ch. 85, par. 538)
| ||
Sec. 8. Rules and minimum standards for schools. The Office
| ||
shall adopt rules and minimum standards for such
schools which | ||
shall include but not be limited to the following:
| ||
a. Minimum courses of study, resources, facilities, | ||
apparatus,
equipment, reference material, established | ||
records and procedures as
determined by the Office.
| ||
b. Minimum requirements for instructors.
| ||
c. Minimum basic training requirements, which a |
trainee must
satisfactorily complete before being eligible | ||
for permanent employment
as a fire fighter in the fire | ||
department of a participating local
governmental agency.
| ||
Those requirements shall include training in first aid | ||
(including
cardiopulmonary resuscitation) , and training in | ||
the administration of opioid antagonists as defined in | ||
paragraph (1) of subsection (e) of Section 5-23 of the | ||
Substance Use Disorder Act , and training in the history of | ||
the fire service labor movement using curriculum and | ||
instructors provided by a statewide organization | ||
representing professional union firefighters in Illinois .
| ||
(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19 .)
| ||
Section 30. The Illinois Educational Labor Relations Act is | ||
amended by changing Sections 3 and 14 and by adding Sections | ||
11.1 and 11.2 as follows:
| ||
(115 ILCS 5/3) (from Ch. 48, par. 1703)
| ||
Sec. 3. Employee rights ; exclusive representative rights . | ||
(a) It shall be lawful for educational employees
to | ||
organize, form, join, or assist in employee organizations or | ||
engage in
lawful concerted activities for the purpose of | ||
collective bargaining or
other mutual aid and protection or | ||
bargain collectively through representatives
of their own free | ||
choice and, except as provided in Section 11, such employees
| ||
shall also have the right to refrain from any or all such |
activities.
| ||
(b) Representatives selected by educational employees in a | ||
unit appropriate
for collective bargaining purposes shall be | ||
the exclusive representative
of all the employees in such unit | ||
to
bargain on wages, hours, terms and conditions of employment. | ||
However,
any individual employee or a group of employees may at | ||
any time present
grievances to their employer and have them | ||
adjusted without the intervention
of the bargaining | ||
representative as long as the adjustment is not inconsistent
| ||
with the terms of a collective bargaining agreement then in | ||
effect, provided
that the bargaining representative has been | ||
given an opportunity to be present
at such adjustment.
| ||
(c) Employers shall provide to exclusive representatives, | ||
including their agents and employees, reasonable access to and | ||
information about employees in the bargaining units they | ||
represent. This access shall at all times be conducted in a | ||
manner so as not to impede normal operations. | ||
(1) Access includes the following: | ||
(A) the right to meet with one or more employees on | ||
the employer's premises during the work day to | ||
investigate and discuss grievances and | ||
workplace-related complaints without charge to pay or | ||
leave time of employees or agents of the exclusive | ||
representative; | ||
(B) the right to conduct worksite meetings during | ||
lunch and other non-work breaks, and before and after |
the workday, on the employer's premises to discuss | ||
collective bargaining negotiations, the administration | ||
of collective bargaining agreements, other matters | ||
related to the duties of the exclusive representative, | ||
and internal matters involving the governance or | ||
business of the exclusive representative, without | ||
charge to pay or leave time of employees or agents of | ||
the exclusive representative; | ||
(C) the right to meet with newly hired employees, | ||
without charge to pay or leave time of the employees or | ||
agents of the exclusive representative, on the | ||
employer's premises or at a location mutually agreed to | ||
by the employer and exclusive representative for up to | ||
one hour either within the first two weeks of | ||
employment in the bargaining unit or at a later date | ||
and time if mutually agreed upon by the employer and | ||
the exclusive representative; and | ||
(D) the right to use the facility mailboxes and | ||
bulletin boards of the employer to communicate with | ||
bargaining unit employees regarding collective | ||
bargaining negotiations, the administration of the | ||
collective bargaining agreements, the investigation of | ||
grievances, other workplace-related complaints and | ||
issues, and internal matters involving the governance | ||
or business of the exclusive representative. | ||
Nothing in this Section shall prohibit an employer and |
exclusive representative from agreeing in a collective | ||
bargaining agreement to provide the exclusive | ||
representative greater access to bargaining unit | ||
employees, including through the use of the employer's | ||
email system. | ||
(2) Information about employees includes, but is not | ||
limited to, the following: | ||
(A) within 10 calendar days from the beginning of | ||
every school term and every 30 calendar days thereafter | ||
in the school term, in an Excel file or other editable | ||
digital file format agreed to by the exclusive | ||
representative, the employee's name, job title, | ||
worksite location, home address, work telephone | ||
numbers, identification number if available, and any | ||
home and personal cellular telephone numbers on file | ||
with the employer, date of hire, work email address, | ||
and any personal email address on file with the | ||
employer; and | ||
(B) unless otherwise mutually agreed upon, within | ||
10 calendar days from the date of hire of a bargaining | ||
unit employee, in an electronic file or other format | ||
agreed to by the exclusive representative, the | ||
employee's name, job title, worksite location, home | ||
address, work telephone numbers, and any home and | ||
personal cellular telephone numbers on file with the | ||
employer, date of hire, work email address, and any |
personal email address on file with the employer. | ||
(d) No employer shall disclose the following information of | ||
any employee: (1) the employee's home address (including ZIP | ||
code and county); (2) the employee's date of birth; (3) the | ||
employee's home and personal phone number; (4) the employee's | ||
personal email address; (5) any information personally | ||
identifying employee membership or membership status in a labor | ||
organization or other voluntary association affiliated with a | ||
labor organization or a labor federation (including whether | ||
employees are members of such organization, the identity of | ||
such organization, whether or not employees pay or authorize | ||
the payment of any dues of moneys to such organization, and the | ||
amounts of such dues or moneys); and (6) emails or other | ||
communications between a labor organization and its members. | ||
As soon as practicable after receiving a request for any | ||
information prohibited from disclosure under this subsection | ||
(d), excluding a request from the exclusive bargaining | ||
representative of the employee, the employer must provide a | ||
written copy of the request, or a written summary of any oral | ||
request, to the exclusive bargaining representative of the | ||
employee or, if no such representative exists, to the employee. | ||
The employer must also provide a copy of any response it has | ||
made within 5 business days of sending the response to any | ||
request. | ||
If an employer discloses information in violation of this | ||
subsection (d), an aggrieved employee of the employer or his or |
her exclusive bargaining representative may file an unfair | ||
labor practice charge with the Illinois Educational Labor | ||
Relations Board pursuant to Section 14 of this Act or commence | ||
an action in the circuit court to enforce the provisions of | ||
this Act, including actions to compel compliance, if an | ||
employer willfully and wantonly discloses information in | ||
violation of this subsection. The circuit court for the county | ||
in which the complainant resides, in which the complainant is | ||
employed, or in which the employer is located shall have | ||
jurisdiction in this matter. | ||
This subsection does not apply to disclosures (i) required | ||
under the Freedom of Information Act, (ii) for purposes of | ||
conducting public operations or business, or (iii) to the | ||
exclusive representative. | ||
(Source: P.A. 83-1014 .)
| ||
(115 ILCS 5/11.1 new) | ||
Sec. 11.1. Dues collection. | ||
(a) Employers shall make payroll deductions of employee | ||
organization dues, initiation fees, assessments, and other | ||
payments for an employee organization that is the exclusive | ||
representative. Such deductions shall be made in accordance | ||
with the terms of an employee's written authorization and shall | ||
be paid to the exclusive representative. Written authorization | ||
may be evidenced by electronic communications, and such writing | ||
or communication may be evidenced by the electronic signature |
of the employee as provided under Section 5-120 of the | ||
Electronic Commerce Security Act. | ||
There is no impediment to an employee's right to resign | ||
union membership at any time. However, notwithstanding any | ||
other provision of law to the contrary regarding authorization | ||
and deduction of dues or other payments to a labor | ||
organization, the exclusive representative and an educational | ||
employee may agree to reasonable limits on the right of the | ||
employee to revoke such authorization, including a period of | ||
irrevocability that exceeds one year. An authorization that is | ||
irrevocable for one year, which may be automatically renewed | ||
for successive annual periods in accordance with the terms of | ||
the authorization, and that contains at least an annual 10-day | ||
period of time during which the educational employee may revoke | ||
the authorization, shall be deemed reasonable. This Section | ||
shall apply to all claims that allege that an educational | ||
employer or employee organization has improperly deducted or | ||
collected dues from an employee without regard to whether the | ||
claims or the facts upon which they are based occurred before, | ||
on, or after the effective date of this amendatory Act of the | ||
101st General Assembly and shall apply retroactively to the | ||
maximum extent permitted by law. | ||
(b) Upon receiving written notice of the authorization, the | ||
educational employer must commence dues deductions as soon as | ||
practicable, but in no case later than 30 days after receiving | ||
notice from the employee organization. Employee deductions |
shall be transmitted to the employee organization no later than | ||
10 days after they are deducted unless a shorter period is | ||
mutually agreed to. | ||
(c) Deductions shall remain in effect until: | ||
(1) the educational employer receives notice that an | ||
educational employee has revoked his or her authorization | ||
in writing in accordance with the terms of the | ||
authorization; or | ||
(2) the individual educational employee is no longer | ||
employed by the educational employer in a bargaining unit | ||
position represented by the same exclusive representative; | ||
provided that if such employee is, within a period of one | ||
year, employed by the same educational employer in a | ||
position represented by the same employee organization, | ||
the right to dues deduction shall be automatically | ||
reinstated. | ||
Nothing in this subsection prevents an employee from | ||
continuing to authorize payroll deductions when no longer | ||
represented by the exclusive representative that would receive | ||
those deductions. | ||
Should the individual educational employee who has signed a | ||
dues deduction authorization card either be removed from an | ||
educational employer's payroll or otherwise placed on any type | ||
of involuntary or voluntary leave of absence, whether paid or | ||
unpaid, the employee's dues deduction shall be continued upon | ||
that employee's return to the payroll in a bargaining unit |
position represented by the same exclusive representative or | ||
restoration to active duty from such a leave of absence. | ||
(d) Unless otherwise mutually agreed by the educational | ||
employer and the exclusive representative, employee requests | ||
to authorize, revoke, cancel, or change authorizations for | ||
payroll deductions for employee organizations shall be | ||
directed to the employee organization rather than to the | ||
educational employer. The employee organization shall be | ||
responsible for initially processing and notifying the | ||
educational employer of proper requests or providing proper | ||
requests to the employer. If the requests are not provided to | ||
the educational employer, the employer shall rely on | ||
information provided by the employee organization regarding | ||
whether deductions for an employee organization were properly | ||
authorized, revoked, canceled, or changed, and the employee | ||
organization shall indemnify the educational employer for any | ||
damages and reasonable costs incurred for any claims made by | ||
educational employees for deductions made in good faith | ||
reliance on that information. | ||
(e) Upon receipt by the exclusive representative of an | ||
appropriate written authorization from an individual | ||
educational employee, written notice of authorization shall be | ||
provided to the educational employer and any authorized | ||
deductions shall be made in accordance with law. The employee | ||
organization shall indemnify the educational employer for any | ||
damages and reasonable costs incurred for any claims made by an |
educational employee for deductions made in good faith reliance | ||
on its notification. | ||
(f) The failure of an educational employer to comply with | ||
the provisions of this Section shall be a violation of the duty | ||
to bargain and an unfair labor practice. Relief for the | ||
violation shall be reimbursement by the educational employer of | ||
dues that should have been deducted or paid based on a valid | ||
authorization given by the educational employee or employees. | ||
In addition, the provisions of a collective bargaining | ||
agreement that contain the obligations set forth in this | ||
Section may be enforced in accordance with Section 10. | ||
(g) The Illinois Educational Labor Relations Board shall | ||
have exclusive jurisdiction over claims under Illinois law that | ||
allege an educational employer or employee organization has | ||
unlawfully deducted or collected dues from an educational | ||
employee in violation of this Act. The Board shall by rule | ||
require that in cases in which an educational employee alleges | ||
that an employee organization has unlawfully collected dues, | ||
the educational employer shall continue to deduct the | ||
employee's dues from the employee's pay, but shall transmit the | ||
dues to the Board for deposit in an escrow account maintained | ||
by the Board. If the exclusive representative maintains an | ||
escrow account for the purpose of holding dues to which an | ||
employee has objected, the employer shall transmit the entire | ||
amount of dues to the exclusive representative, and the | ||
exclusive representative shall hold in escrow the dues that the |
employer would otherwise have been required to transmit to the | ||
Board for escrow; provided that the escrow account maintained | ||
by the exclusive representative complies with rules adopted by | ||
the Board or that the collective bargaining agreement requiring | ||
the payment of the dues contains an indemnification provision | ||
for the purpose of indemnifying the employer with respect to | ||
the employer's transmission of dues to the exclusive | ||
representative. | ||
(h) If a collective bargaining agreement that includes a | ||
dues deduction clause expires or continues in effect beyond its | ||
scheduled expiration date pending the negotiation of a | ||
successor agreement, then the employer shall continue to honor | ||
and abide by the dues deduction clause until a new agreement | ||
that includes a dues deduction clause is reached. Failure to | ||
honor and abide by the dues deduction clause for the benefit of | ||
any exclusive representative as set forth in this subsection | ||
(h) shall be a violation of the duty to bargain and an unfair | ||
labor practice. For the benefit of any successor exclusive | ||
representative certified under this Act, this provision shall | ||
be applicable, provided the successor exclusive representative | ||
presents the employer with employee written authorizations or | ||
certifications from the exclusive representative for the | ||
deduction of dues, assessments, and fees under this subsection | ||
(h). | ||
(i)(1) If any clause, sentence, paragraph, or subdivision | ||
of this Section shall be adjudged by a court of competent |
jurisdiction to be unconstitutional or otherwise invalid, that | ||
judgment shall not affect, impair, or invalidate the remainder | ||
thereof, but shall be confined in its operation to the clause, | ||
sentence, paragraph, or subdivision of this Section directly | ||
involved in the controversy in which such judgment shall have | ||
been rendered. | ||
(2) If any clause, sentence, paragraph, or part of a signed | ||
authorization for payroll deductions shall be adjudged by a | ||
court of competent jurisdiction to be unconstitutional or | ||
otherwise invalid, that judgment shall not affect, impair, or | ||
invalidate the remainder of the signed authorization, but shall | ||
be confined in its operation to the clause, sentence, | ||
paragraph, or part of the signed authorization directly | ||
involved in the controversy in which such judgment shall have | ||
been rendered. | ||
(115 ILCS 5/11.2 new) | ||
Sec. 11.2. Defense to liability. | ||
(a) The General Assembly declares that educational | ||
employees who paid agency or fair share fees as a condition of | ||
employment in accordance with State laws and United States | ||
Supreme Court precedent prior to June 27, 2018 had no | ||
legitimate expectation of receiving that money back under any | ||
then available cause of action. Educational employers and | ||
employee organizations who relied on State law and United | ||
States Supreme Court precedent in deducting and accepting those |
fees were not liable to refund them. Agency or fair share fees | ||
were paid for collective bargaining representation that | ||
employee organizations were obligated by State law to provide | ||
to employees. Additionally, it should be presumed that | ||
educational employees who signed written membership or dues | ||
authorization agreements prior to this time knew and freely | ||
accepted the contractual obligations set forth in those | ||
agreements. Application of this Section to claims pending on | ||
the effective date of this amendatory Act of the 101st General | ||
Assembly will preserve, rather than interfere with, important | ||
reliance interests. This Section is therefore necessary to | ||
provide certainty to educational employers and employee | ||
organizations that relied on State law and to avoid disruption | ||
of educational labor relations after the United States Supreme | ||
Court's decision in Janus v. AFSCME Council 31, 138 S. Ct. 2448 | ||
(2018). | ||
(b) No educational employer or employee organization or any | ||
of its employees or agents shall be liable for, and shall have | ||
a complete defense to, any claims or actions under the laws of | ||
this State for requiring, deducting, receiving, or retaining | ||
dues, agency fees, or fair share fees from educational | ||
employees, and current or former educational employees shall | ||
not have standing to pursue these claims or actions, if the | ||
dues or fees were permitted under the laws of this State then | ||
in force and paid, through payroll deduction or otherwise, | ||
prior to June 27, 2018. |
(c) This Section shall apply to claims and actions pending | ||
on the effective date of this amendatory Act of the 101st | ||
General Assembly, as well to claims and actions on or after | ||
that date. | ||
(d) This Section is a declaration of existing law and shall | ||
not be construed as a new enactment.
| ||
(115 ILCS 5/14) (from Ch. 48, par. 1714)
| ||
Sec. 14. Unfair labor practices.
| ||
(a) Educational employers, their agents
or representatives | ||
are prohibited from:
| ||
(1) Interfering, restraining or coercing employees in | ||
the exercise of
the rights guaranteed under this Act.
| ||
(2) Dominating or interfering with the formation, | ||
existence or
administration of any employee organization.
| ||
(3) Discriminating in regard to hire or tenure of | ||
employment or any term
or condition of employment to | ||
encourage or discourage membership in any
employee | ||
organization.
| ||
(4) Discharging or otherwise discriminating against an | ||
employee because
he or she has signed or filed an | ||
affidavit, authorization card, petition or
complaint or | ||
given any information or testimony under this Act.
| ||
(5) Refusing to bargain collectively in good faith with | ||
an employee
representative which is the exclusive | ||
representative of employees in an
appropriate unit, |
including but not limited to the discussing of grievances
| ||
with the exclusive representative; provided, however, that | ||
if an alleged
unfair labor practice involves | ||
interpretation or application of the terms
of a collective | ||
bargaining agreement and said agreement contains a
| ||
grievance and arbitration procedure, the Board may defer | ||
the resolution of
such dispute to the grievance and | ||
arbitration procedure contained in said
agreement.
| ||
(6) Refusing to reduce a collective bargaining | ||
agreement to writing and
signing such agreement.
| ||
(7) Violating any of the rules and regulations | ||
promulgated by the Board
regulating the conduct of | ||
representation elections.
| ||
(8) Refusing to comply with the provisions of a binding | ||
arbitration award.
| ||
(9) Expending or causing the expenditure of public | ||
funds to any
external agent, individual, firm, agency, | ||
partnership or association in any
attempt to influence the | ||
outcome of representational elections held
pursuant to | ||
paragraph (c) of Section 7 of this Act; provided, that | ||
nothing
in this subsection shall be construed to limit an | ||
employer's right to be
represented on any matter pertaining | ||
to unit determinations, unfair labor
practice charges or | ||
pre-election conferences in any formal or informal
| ||
proceeding before the Board, or to seek or obtain advice | ||
from legal counsel.
Nothing in this paragraph shall be |
construed to prohibit an employer from
expending or causing | ||
the expenditure of public funds on, or seeking or
obtaining | ||
services or advice from, any organization, group or | ||
association
established by, and including educational or | ||
public employers, whether or
not covered by this Act, the | ||
Illinois Public Labor Relations Act or the
public | ||
employment labor relations law of any other state or the | ||
federal
government, provided that such services or advice | ||
are generally available
to the membership of the | ||
organization, group, or association, and are not
offered | ||
solely in an attempt to influence the outcome of a | ||
particular
representational election.
| ||
(10) Interfering with, restraining, coercing, | ||
deterring or discouraging educational employees or | ||
applicants to be educational employees from: (1) becoming | ||
members of an employee organization; (2) authorizing | ||
representation by an employee organization; or (3) | ||
authorizing dues or fee deductions to an employee | ||
organization, nor shall the employer intentionally permit | ||
outside third parties to use its email or other | ||
communications systems to engage in that conduct. An | ||
employer's good faith implementation of a policy to block | ||
the use of its email or other communication systems for | ||
such purposes shall be defense to an unfair labor practice. | ||
(11) Disclosing to any person or entity information set | ||
forth in subsection (d) of Section 3 of this Act that the |
employer knows or should know will be used to interfere | ||
with, restrain, coerce, deter, or discourage any public | ||
employee from: (i) becoming or remaining members of a labor | ||
organization, (ii) authorizing representation by a labor | ||
organization, or (iii) authorizing dues or fee deductions | ||
to a labor organization. | ||
(b) Employee organizations, their agents or | ||
representatives or educational
employees are prohibited from:
| ||
(1) Restraining or coercing employees in the exercise | ||
of the rights
guaranteed under this Act, provided that a | ||
labor organization or its
agents shall commit an unfair | ||
labor practice under this paragraph in duty
of fair | ||
representation cases only by intentional misconduct in | ||
representing
employees under this Act.
| ||
(2) Restraining or coercing an educational employer in | ||
the selection of
his representative for the purposes of | ||
collective bargaining or the adjustment
of grievances.
| ||
(3) Refusing to bargain collectively in good faith with | ||
an educational
employer, if they have been designated in | ||
accordance with the provisions
of this Act as the exclusive | ||
representative of employees in an appropriate
unit.
| ||
(4) Violating any of the rules and regulations | ||
promulgated by the Board
regulating the conduct of | ||
representation elections.
| ||
(5) Refusing to reduce a collective bargaining | ||
agreement to writing and
signing such agreement.
|
(6) Refusing to comply with the provisions of a binding | ||
arbitration award.
| ||
(c) The expressing of any views, argument, opinion or the
| ||
dissemination thereof, whether in written, printed, graphic or | ||
visual form,
shall not constitute or be evidence of an unfair | ||
labor practice under any
of the provisions of this Act, if such | ||
expression contains no threat of
reprisal or force or promise | ||
of benefit.
| ||
(c-5) The employer shall not discourage public employees or | ||
applicants to be public employees from becoming or remaining | ||
union members or authorizing dues deductions, and shall not | ||
otherwise interfere with the relationship between employees | ||
and their exclusive bargaining representative. The employer | ||
shall refer all inquiries about union membership to the | ||
exclusive bargaining representative, except that the employer | ||
may communicate with employees regarding payroll processes and | ||
procedures. The employer will establish email policies in an | ||
effort to prohibit the use of its email system by outside | ||
sources. | ||
(d) The actions of a Financial Oversight Panel created | ||
pursuant to Section
1A-8
of the School Code due to a district | ||
violating a financial plan shall not
constitute or be evidence | ||
of an unfair labor practice under any of the
provisions of this | ||
Act. Such actions include, but are not limited to,
reviewing, | ||
approving, or rejecting a school district budget or a | ||
collective
bargaining agreement.
|
(Source: P.A. 89-572, eff. 7-30-96.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |