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Public Act 094-0321 |
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AN ACT concerning labor.
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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 Labor Dispute Act is amended by adding | ||||
Sections 1.2, 1.3, 1.4, and 1.5 as follows: | ||||
(820 ILCS 5/1.2 new) | ||||
Sec. 1.2. Legislative findings and declaration.
The | ||||
General Assembly finds that a union, union members, | ||||
sympathizers, and an employer's employees have a right to | ||||
communicate their dispute with a primary employer to the public | ||||
by picketing the primary employer wherever they happen to be. | ||||
The picketing may take place not only at the employer's main | ||||
facility, but at job sites as well. The General Assembly | ||||
recognizes that peaceful primary picketing of any type is | ||||
explicitly permitted by statute pursuant to the National Labor | ||||
Relations Act, 29 U.S.C. 151 et seq., and the Labor Management | ||||
Relations Act, 29 U.S.C. 141 et seq., including the right to | ||||
engage in other concerted activities for the purpose of | ||||
collective bargaining or other mutual aid or protection as | ||||
provided in 29 U.S.C. 157 et seq. | ||||
(820 ILCS 5/1.3 new) | ||||
Sec. 1.3. Definitions. As used in Section 1.2 through 1.5: | ||||
"Employee" means any individual permitted to work by an | ||||
employer in an occupation. | ||||
"Employer" means any individual, partnership, association, | ||||
corporation, business trust, governmental or | ||||
quasi-governmental body, or any person or group of persons that | ||||
employs any person to work, labor, or exercise skill in | ||||
connection with the operation of any business, industry, | ||||
vocation, or occupation. | ||||
"Picketing" means the stationing of a person for an |
organization to apprise the public by signs or other means of | ||
the existence of a dispute pursuant to the National Labor | ||
Relations Act, 29 U.S.C. 151 et seq., and the Labor Management | ||
Relations Act, 29 U.S.C. 141 et seq. | ||
"Dispute" includes any controversy concerning terms or | ||
conditions of employment, or concerning the association or | ||
representation of persons in negotiating, fixing, maintaining, | ||
changing, or seeking to arrange terms or conditions of | ||
employment or other protest, regardless of whether or not the | ||
disputants stand in the proximate relationship of employer and | ||
employee. | ||
"Public right of way" means that portion of the highway or | ||
street adjacent to the roadway for accommodating stopped | ||
vehicles or for emergency use; or that portion of a street | ||
between the curb lines, or the lateral lines of a roadway, and | ||
the adjacent property lines.
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"Temporary sign" means a sign or other display or device | ||
that is not permanently affixed and is capable of being removed | ||
at the end of each day or shift. | ||
"Temporary shelter" means a tent or shelter that is not | ||
permanently affixed and is capable of being removed at the end | ||
of each day or shift, not to exceed 300 square feet in size. | ||
(820 ILCS 5/1.4 new) | ||
Sec. 1.4. Use of public right of way. | ||
(a) Persons engaged in picketing shall be allowed to use | ||
public rights of way to apprise the public of the existence of | ||
a dispute for the following: | ||
(1) The purposes of picketing. | ||
(2) The erection of temporary signs announcing their | ||
dispute. | ||
(3) The parking of at least one vehicle on the public | ||
right of way. Nothing in this Section shall require the | ||
accommodation of parking more than 10 vehicles on the | ||
public right of way. This Section shall not be construed to | ||
allow the blocking of fire hydrants. Picketers shall ensure |
that water mains, sewers, and other utilities are | ||
accessible for construction, maintenance, and emergency | ||
repair work. | ||
(4) The erection of tents or other temporary shelter | ||
for the health, welfare, personal safety, and well-being of | ||
picketers. | ||
(b) Any signs, tents, or temporary shelters shall be | ||
removed at the end of each day when the picketing has ceased. | ||
Signs, tents, or temporary shelters may be maintained so long | ||
as individuals participating in the labor dispute are present. | ||
(c) This Section shall not be construed to allow the | ||
erection of a tent or shelter or parking of a vehicle where | ||
there is insufficient space on the public right of way. This | ||
Section shall not be construed to allow the erection of a tent | ||
or shelter on the right of way of any Class I highway as | ||
defined in Section 1-126.1 of the Illinois Vehicle Code. | ||
Picketers shall ensure that a reasonable walkway exists for | ||
pedestrians and others to pass by the picketing activities. | ||
Persons using the right of way under this Section shall make | ||
reasonable attempts to keep the area free from garbage and | ||
significant damage. | ||
(d) No sign, tent, or temporary shelter may be erected or | ||
maintained in such a manner as to obscure or otherwise | ||
physically interfere with an official traffic sign, signal, or | ||
device or to obstruct or physically interfere with a driver's | ||
view of approaching, merging, or intersecting traffic. The | ||
burden of proof shall rest on the unit of local government | ||
making such a claim. If a court determines that a sign, tent, | ||
or temporary shelter does not obscure or otherwise physically | ||
interfere with an official traffic sign, signal, or device or | ||
obstruct or physically interfere with a driver's view of | ||
approaching, merging, or intersecting traffic, the unit of | ||
local government is liable for all costs and attorney's fees. | ||
(820 ILCS 5/1.5 new) | ||
Sec. 1.5. Preemption. The provisions of any ordinance or |
resolution adopted before, on, or after the effective date of | ||
this amendatory Act of the 94th General Assembly by any unit of | ||
local government that impose restrictions or limitations on the | ||
picketing of an employer in a manner inconsistent with this Act | ||
are invalid, and existing ordinances and resolutions, as they | ||
apply to picketing, are void. It is declared to be the policy | ||
of this State that the regulation of picketing is an exclusive | ||
power and function of the State. A home rule unit may not | ||
regulate picketing. This Section is a denial and limitation of | ||
home rule powers and functions under subsection (h) of Section | ||
6 of Article VII of the Illinois Constitution.
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