100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4419

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Employment Relations Act. Provides that employees may: (a) organize together or form, join, or assist in labor organization; (b) engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; (c) negotiate or bargain collectively with their employers through representatives of their own free choice; or (d) refrain from any or all of the activities identified in items (a) through (c). Provides that an individual shall not be required as a condition of obtaining or continuing employment to: (1) refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization; (2) become or remain a member of a labor organization; (3) pay any dues, fees, assessments, or other charges or expenses to a labor organization; or (4) pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of charges or expenses required of members of or employees represented by a labor organization. Makes unlawful and unenforceable any agreement or contract between an employer and labor organization that requires an employee to satisfy any activities identified in items (1) through (4). Contains provisions concerning civil penalties and other matters. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Employment Relations Act.
 
6    Section 3. Public policy. It is the public policy of this
7State that:
8        (1) the best interests of the people of the State are
9    served by protecting their right to work in a manner
10    consistent with Section 14(b) of the National Labor
11    Relations Act, 29 U.S.C. 164(b), and preventing or promptly
12    settling labor disputes;
13        (2) strikes and lockouts and other forms of industrial
14    strife, regardless of where the merits of the controversy
15    lie, are forces productive ultimately of economic waste;
16        (3) the interests and rights of the consumers and the
17    people of the State, while not direct parties thereto,
18    should always be considered, respected, and protected; and
19        (4) the voluntary mediation of such disputes under the
20    guidance and supervision of a governmental agency will tend
21    to promote permanent industrial peace and the health,
22    welfare, comfort, and safety of the people of the State.
 

 

 

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1    Section 5. Definitions. As used in this Act:
2    "Company union" means any employee association, committee,
3agency, or representation plan, formed or existing for the
4purpose, in whole or in part, of dealing with employers
5concerning grievances or terms and conditions of employment,
6which in any manner or to any extent, and by any form of
7participation, interference, or assistance, financial or
8otherwise, either in its organization, operation, or
9administration, is dominated or controlled, sponsored or
10supervised, maintained, directed, or financed by the employer.
11    "Employee" means any employee, and is not limited to the
12employees of a particular employer, unless this Act explicitly
13provides otherwise, and includes any individual whose work has
14ceased as a consequence of, or in connection with, any current
15labor dispute or because of any act that is illegal under this
16Act, and who has not obtained any other regular and
17substantially equivalent employment, but does not include any
18individual employed as an agricultural laborer, or in the
19domestic service of any family or any person at his home, or
20any individual employed by his parent or spouse, or any
21individual employed as an executive or supervisor, or any
22individual employed by an employer subject to the Railway Labor
23Act, 45 U.S.C. 151 et seq., or by any other person who is not an
24employer as defined in this Act.
25    "Employer" means a person and includes any person acting as
26an agent of an employer, but does not include: the United

 

 

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1States or any corporation wholly owned by the United States;
2any federal reserve bank; any employer subject to the Railway
3Labor Act, 45 U.S.C. 151 et seq.; the State or any political
4subdivision thereof; any labor organization, or anyone acting
5in the capacity of an officer or agent of such labor
6organization, other than when acting as an employer; or any
7entity subject to the Illinois Public Labor Relations Act.
8    "Labor dispute" includes, but is not limited to, any
9controversy concerning terms, tenure, or conditions of
10employment, or concerning the association or representation of
11employees in negotiating, fixing, maintaining, or changing
12terms or conditions of employment, regardless of whether the
13disputants stand in the proximate relation of employer and
14employee.
15    "Labor organization" means any organization of any kind, or
16any agency or employee representation committee or plan, in
17which employees participate and that exists for the purpose, in
18whole or in part, of dealing with employers concerning
19grievances, labor disputes, wages, rates of pay, hours of
20employment, or conditions of work.
21    "Person" means an individual, partnership, association,
22corporation, business trust, labor organization, or any other
23private entity.
 
24    Section 10. Employees; rights. Employees may do any of the
25following:

 

 

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1        (1) Organize together or form, join, or assist in labor
2    organization; engage in lawful concerted activities for
3    the purpose of collective negotiation or bargaining or
4    other mutual aid and protection; or negotiate or bargain
5    collectively with their employers through representatives
6    of their own free choice.
7        (2) Refrain from any or all of the activities
8    identified in paragraph (1).
 
9    Section 15. Prohibitions; court jurisdiction; violations;
10penalties.
11    (a) An individual shall not be required as a condition of
12obtaining or continuing employment to do any of the following:
13        (1) Refrain or resign from membership in, voluntary
14    affiliation with, or voluntary financial support of a labor
15    organization.
16        (2) Become or remain a member of a labor organization.
17        (3) Pay any dues, fees, assessments, or other charges
18    or expenses of any kind or amount or provide anything of
19    value to a labor organization.
20        (4) Pay to any charitable organization or third party
21    an amount that is in lieu of, equivalent to, or any portion
22    of dues, fees, assessments, or other charges or expenses
23    required of members of or employees represented by a labor
24    organization.
25    (b) An agreement, contract, understanding, or practice

 

 

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1between or involving an employer and a labor organization that
2violates subsection (a) is unlawful and unenforceable. This
3subsection (b) applies only to an agreement, contract,
4understanding, or practice that takes effect or is extended,
5renewed, or modified on or after January 1, 2018.
6    (c) Subsections (a) and (b) shall be implemented to the
7maximum extent permitted by the United States Constitution and
8federal law.
9    (d) The appellate court has exclusive original
10jurisdiction over any action challenging the validity of
11subsection (a), (b), or (c). The appellate court shall hear the
12action in an expedited manner.
13    (e) A person, employer, or labor organization that violates
14subsection (a) is liable for a civil fine of not more than
15$500. A civil fine recovered under this Section shall be
16submitted to the State Treasurer for deposit into the General
17Revenue Fund.
18    (f) Except for actions required to be brought under
19subsection (d), a person who suffers an injury as a result of a
20violation or threatened violation of subsection (a) may bring a
21civil action for damages, injunctive relief, or both. In
22addition, a court shall award court costs and reasonable
23attorney fees to a plaintiff who prevails in an action brought
24under this subsection. Remedies provided for in this subsection
25are independent of and in addition to other penalties and
26remedies prescribed by this Act.
 

 

 

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1    Section 20. Prohibited conduct; violation; civil fines.
2    (a) An employee or other person shall not by force,
3intimidation, or unlawful threats compel or attempt to compel
4any person to do any of the following:
5        (1) Become or remain a member of a labor organization
6    or otherwise affiliate with or financially support a labor
7    organization.
8        (2) Refrain from engaging in employment or refrain from
9    joining a labor organization or otherwise affiliating with
10    or financially supporting a labor organization.
11        (3) Pay to any charitable organization or third party
12    an amount that is in lieu of, equivalent to, or any portion
13    of dues, fees, assessments, or other charges or expenses
14    required of members of or employees represented by a labor
15    organization.
16    (b) A person who violates this Section is liable for a
17civil fine of not more than $500. A civil fine recovered under
18this Section shall be submitted to the State Treasurer for
19deposit into the General Revenue Fund.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.