94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1791

 

Introduced 2/25/2005, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Illinois Labor Relations Act. Applies to employees other than: employees who are subject to the National Labor Relations Act or the Railway Labor Act; employees who are managerial employees, confidential employees, or supervisors; and employees of employers to whom the Act does not apply (and provides that the Act does not apply to State officers and agencies, units of local government, school districts, and other public entities). Provides that the State Panel of the Illinois Labor Relations Board shall administer and enforce the Act. Prohibits specified unfair labor practices. Provides that an employer and the exclusive representative of a unit of employees to whom the Act applies have the duty to bargain collectively. Provides for: dues deduction and fair share fees; unfair labor practice procedures; elections to determine exclusive representatives; disputes; enforcement (including administrative actions and actions in the circuit court and appellate court); rulemaking; enforcement of contracts; and other matters.


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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,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Illinois Labor Relations Act.
 
6     Section 5. Policy. It is the public policy of the State of
7 Illinois to grant all employees full freedom of association,
8 self-organization, and designation of employee representatives
9 of their own choosing for the purposes of negotiating wages,
10 hours, and other conditions of employment or other mutual aid
11 or protection.
12     It is the purpose of this Act to prescribe the legitimate
13 rights of both employees and employees, including the
14 designation of employee representatives and negotiation of
15 wages, hours, and other terms and conditions of employment.
16     It is the purpose of this Act to prescribe the legitimate
17 rights of both employees and employers, to protect the public
18 health and safety of the citizens of Illinois, and to provide
19 peaceful and orderly procedures for protection of the rights of
20 all.
 
21     Section 10. Definitions. As used in this Act, unless the
22 context otherwise requires:
23     (a) "Board" means the State Panel of the Illinois Labor
24 Relations Board as defined in Section 5 of the Illinois Public
25 Labor Relations Act.
26     (b) "Collective bargaining" means bargaining over terms
27 and conditions of employment, including wages, hours and other
28 conditions of employment.
29     (c) "Confidential employee" means an employee who, in the
30 regular course of his or her duties, assists and acts in a
31 confidential capacity to persons who formulate, determine, and

 

 

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1 effectuate management policies with regard to labor relations
2 or who, in the regular course of his or her duties, has
3 authorized access to information relating to the effectuation
4 or review of the employer's collective bargaining policies.
5     (d) "Craft employees" means skilled journeymen, crafts
6 persons, and their apprentices and helpers.
7     (e) "Employee" means any individual employed by an
8 employer, and shall not be limited to the employees of a
9 particular employer, unless this Act explicitly states
10 otherwise, and shall include any individual whose work has
11 ceased as a consequence of, or in connection with, any current
12 labor dispute or because of any unfair labor practice.
13 "Employee" does not include any individual who is employed by
14 any person who does not meet the definition of "employer" as
15 defined in this Act and does not include any individual who is
16 subject to the protections of the National Labor Relations Act
17 (29 U.S.C. 151 et seq.) or the Railway Labor Act (45 U.S.C. 151
18 et seq.). "Employee" also does not include managerial
19 employees, confidential employees, or supervisors as defined
20 in this Act.
21     (f) "Employer" means any individual, partnership,
22 association, corporation, business, trust, person, or entity
23 for whom employees are gainfully employed in Illinois.
24 "Employer" includes any person acting on behalf of or in the
25 interest of an employer, directly or indirectly, with or
26 without his or her knowledge, but does not include the State of
27 Illinois, any political subdivision of the State, any State
28 officer or State department or agency, any unit of local
29 government, any school district, any authorities, including
30 departments, divisions, bureaus, boards, commissions, or other
31 agencies of the foregoing entities, or any other public entity.
32     (g) "Exclusive representative" means the labor
33 organization that has been designated by the Board as the
34 representative of a majority of employees in an appropriate
35 bargaining unit in accordance with the procedures contained in
36 this Act.

 

 

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1     (h) "Fair share agreement" means an agreement between the
2 employer and a labor organization under which all or any of the
3 employees in a collective bargaining unit are required to pay
4 their proportionate share of the costs of the collective
5 bargaining process, contract administration, and pursuit of
6 matters affecting wages, hours, and other conditions of
7 employment, but not to exceed the amount of dues uniformly
8 required of members. The amount certified by the exclusive
9 representative shall not include any fees for contributions
10 related to the election or support of any candidate for
11 political office. Nothing in this subsection (h) shall preclude
12 an employee from making voluntary political contributions in
13 conjunction with his or her fair share payment.
14     (i) "Labor organization" means any organization in which
15 employees participate and that exists for the purpose, in whole
16 or in part, of dealing with an employer concerning wages,
17 hours, and other terms and conditions of employment, including
18 the settlement of grievances.
19     (j) "Managerial employee" means an individual who is
20 engaged predominantly in executive and management functions
21 and is charged with the responsibility of directing the
22 effectuation of management policies and practices.
23     (k) "Person" includes one or more individuals, labor
24 organizations (other than when acting as an employer),
25 employees, associations, corporations, partnerships, legal
26 representatives, trustees, trustees in bankruptcy, and
27 receivers.
28     (l) "Professional employee" means any employee engaged in
29 work predominantly intellectual and varied in character rather
30 than routine mental, manual, mechanical, or physical work;
31 involving the consistent exercise of discretion and adjustment
32 in its performance; of such a character that the output
33 produced or the result accomplished cannot be standardized in
34 relation to a given period of time; and requiring advanced
35 knowledge in a field of science or learning customarily
36 acquired by a prolonged course of specialized intellectual

 

 

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1 instruction and study in an institution of higher learning or a
2 hospital, as distinguished from a general academic education or
3 from apprenticeship or from training in the performance of
4 routine mental, manual, or physical processes; or any employee
5 who has completed the courses of specialized intellectual
6 instruction and study prescribed in this subsection (l) and is
7 performing related work under the supervision of a professional
8 person to qualify to become a professional employee as defined
9 in this subsection (l).
10     (m) "Supervisor" means an employee whose principal work is
11 substantially different from that of his or her subordinates
12 and who has authority, in the interest of the employer, to
13 hire, transfer, suspend, lay off, recall, promote, discharge,
14 direct, reward, or discipline employees, to adjust their
15 grievances, or to effectively recommend any of those actions,
16 if the exercise of that authority is not of a merely routine or
17 clerical nature, but requires the consistent use of independent
18 judgment. "Supervisor" includes only those individuals who
19 devote a preponderance of their employment time to exercising
20 that authority.
21     (n) "Unit" means a class of jobs or positions that are held
22 by employees whose collective interests may suitably be
23 represented by a labor organization for collective bargaining.
24 A bargaining unit shall not include both employees and
25 supervisors. Notwithstanding the exclusion of supervisors from
26 bargaining units containing non-supervisory employees, an
27 employer may agree to permit its supervisory employees to form
28 bargaining units and may bargain with those units.
 
29     Section 15. Illinois Labor Relations Board State Panel. The
30 composition and duties of the Illinois Labor Relations Board
31 State Panel shall be as described in Section 5 of the Illinois
32 Public Labor Relations Act.
 
33     Section 20. Rights of employees. Employees shall have the
34 right to self-organization, to form, join, or assist labor

 

 

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1 organizations, to bargain collectively through representatives
2 of their own choosing, and to engage in other concerted
3 activities for the purpose of collective bargaining or other
4 mutual aid or protection, and shall also have the right to
5 refrain from any or all such activities except to the extent
6 that such right may be affected by an agreement requiring
7 membership in a labor organization as a condition of employment
8 as authorized in paragraph (a)(2) of Section 25.
 
9     Section 25. Unfair labor practices.
10     (a) It shall be an unfair labor practice for an employer or
11 his or her agents:
12         (1) to interfere with, restrain, or coerce employees in
13     the exercise of the rights guaranteed in this Act or to
14     dominate or interfere with the formation, existence, or
15     administration of any labor organization or contribute
16     financial or other support to it; provided, an employer is
17     not prohibited from permitting employees to confer with him
18     or her during working hours without loss of time or pay;
19         (2) to discriminate in regard to hire or tenure of
20     employment or any term or condition of employment in order
21     to encourage or discourage membership in or other support
22     for any labor organization, provided, nothing in this Act
23     or any other law precludes an employer from making an
24     agreement with an exclusive representative consistent with
25     Section 35;
26         (3) to discharge or otherwise discriminate against an
27     employee because he or she has signed or filed an
28     affidavit, petition, or charge or has provided any
29     information or testimony under this Act;
30         (4) to refuse to bargain collectively in good faith
31     with a labor organization which is the exclusive
32     representative of employees in an appropriate unit,
33     including, but not limited to, the discussing of grievances
34     with the exclusive representative;
35         (5) to violate any of the rules established by the

 

 

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1     Board relating to the conduct of representation elections
2     or the conduct affecting the representation elections; or
3         (6) to refuse to reduce a collective bargaining
4     agreement to writing or to refuse to sign such agreement.
5     (b) It shall be an unfair labor practice for a labor
6 organization or its agents:
7         (1) to restrain or coerce employees in the exercise of
8     the rights guaranteed in this Act, provided:
9             (A) that this paragraph shall not impair the right
10         of a labor organization to prescribe its own rules with
11         respect to the acquisition or retention of membership
12         therein or the determination of dues or fair share
13         payments; and
14             (B) that a labor organization or its agents shall
15         commit an unfair labor practice under this paragraph in
16         duty of fair representation cases only by intentional
17         misconduct in representing employees under this Act;
18         (2) to restrain or coerce an employer in the selection
19     of his or her representatives for the purposes of
20     collective bargaining or the settlement of grievances;
21         (3) to cause, or attempt to cause, an employer to
22     discriminate against an employee in violation of paragraph
23     (a)(2);
24         (4) to refuse to bargain collectively in good faith
25     with an employer, if it has been designated in accordance
26     with this Act as the exclusive representative of employees
27     in an appropriate unit;
28         (5) to violate any of the rules established by the
29     Board relating to the conduct of representation elections
30     or the conduct affecting the representation elections;
31         (6) to discriminate against any employee because he or
32     she has signed or filed an affidavit, petition, or charge
33     or provided any information or testimony under this Act;
34         (7) to picket or cause to be picketed, or threaten to
35     picket or cause to be picketed, any employer if an object
36     thereof is forcing or requiring an employer to recognize or

 

 

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1     bargain with a labor organization of the representative of
2     its employees, or forcing or requiring the employees of an
3     employer to accept or select such labor organization as
4     their collective bargaining representative, unless such
5     labor organization is currently certified as the
6     representative of such employees:
7             (A) if the employer has lawfully recognized in
8         accordance with this Act any labor organization and a
9         question concerning representation may not
10         appropriately be raised under Section 50;
11             (B) if within the preceding 12 months a valid
12         election under Section 50 has been conducted; or
13             (C) if such picketing has been conducted without a
14         petition under Section 50 being filed within a
15         reasonable period of time not to exceed 30 days from
16         the commencement of such picketing; provided that when
17         such a petition has been filed the Board shall
18         forthwith, without regard to subsection (a) of Section
19         50 or the absence of a showing of a substantial
20         interest on the part of the labor organization, direct
21         an election in such unit as the Board finds to be
22         appropriate and shall certify the results thereof;
23         provided further, that nothing in this subparagraph
24         shall be construed to prohibit any picketing or other
25         publicity for the purpose of truthfully advising the
26         public that an employer does not employ members of, or
27         have a contract with, a labor organization unless an
28         effect of such picketing is to induce any individual
29         employed by any other person, in the course of his or
30         her employment, not to pick up, deliver, or transport
31         any goods or not to perform any services; or
32         (8) to refuse to reduce a collective bargaining
33     agreement to writing or to refuse to sign such agreement.
34     (c) The expressing of any views, argument, or opinion or
35 the dissemination thereof, whether in written, printed,
36 graphic, or visual form, shall not constitute or be evidence of

 

 

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1 an unfair labor practice under this Act, if such expression
2 contains no threat of reprisal or force or promise of benefit.
 
3     Section 30. Duty to bargain. An employer and the exclusive
4 representative have the authority and the duty to bargain
5 collectively as set forth in this Section.
6     For the purposes of this Act, "to bargain collectively"
7 means the performance of the mutual obligation of the employer
8 or his or her designated representative and the exclusive
9 representative to meet at reasonable times and to negotiate in
10 good faith with respect to wages, hours, and other conditions
11 of employment. It also includes the negotiation of an
12 agreement, the discussion of any question arising thereunder,
13 and the execution of a written contract incorporating any
14 agreement reached if requested by either party. This obligation
15 does not compel either party to agree to a proposal or require
16 the making of a concession.
17     The duty "to bargain collectively" also includes
18 negotiations as to the terms of a collective bargaining
19 agreement. The parties may, by mutual agreement, provide for
20 arbitration of impasses resulting from their inability to agree
21 upon wages, hours, and terms and conditions of employment to be
22 included in a collective bargaining agreement. Such
23 arbitration provisions shall be subject to the Uniform
24 Arbitration Act unless otherwise agreed by the parties.
25     The duty "to bargain collectively" also means that no party
26 to a collective bargaining contract shall terminate or modify
27 that contract, unless the party desiring such termination or
28 modification:
29         (1) serves a written notice upon the other party to the
30     contract of the proposed termination or modification 60
31     days before the expiration date thereof, or if the contract
32     contains no expiration date, 60 days before the time it is
33     proposed to make such termination or modification;
34         (2) offers to meet and confer with the other party for
35     the purpose of negotiating a new contract or a contract

 

 

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1     containing the proposed modifications;
2         (3) notifies the Board within 30 days after such notice
3     of the existence of a dispute, provided no agreement has
4     been reached by that time; and
5         (4) continues in full force and effect, without
6     resorting to strike or lockout, all the terms and
7     conditions of the existing contract for a period of 60 days
8     after such notice is given to the other party or until the
9     expiration date of such contract, whichever occurs later.
10     The duties imposed upon employers, employees, and labor
11 organizations by paragraphs (2), (3), and (4) shall become
12 inapplicable upon an intervening certification of the Board,
13 under which the labor organization, which is a party to the
14 contract, has been superseded as or ceased to be the exclusive
15 representative of the employees pursuant to subsection (a) of
16 Section 50, and the duties so imposed shall not be construed as
17 requiring either party to discuss or agree to any modification
18 of the terms and conditions contained in a contract for a fixed
19 period, if such modification is to become effective before such
20 terms and conditions can be reopened under the contract.
 
21     Section 35. Dues deduction and fair share fees.
22     (a) Dues deduction. The exclusive representative may
23 negotiate provisions in a collective bargaining agreement
24 providing for the payroll deduction of labor organization dues,
25 initiation fees, and assessments. Except as provided in
26 subsection (b) of this Section, any such deductions shall be
27 made only upon an employee's written authorization, which shall
28 be irrevocable for a period of at least one year, or at the
29 termination date of the applicable collective bargaining
30 agreement, whichever occurs sooner. Such payments shall be paid
31 to the exclusive representative.
32     (b) Fair share fees.
33         (1) When a collective bargaining agreement is entered
34     into by an employer and an exclusive representative, the
35     agreement may include a provision to require as a condition

 

 

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1     of employment that employees covered by the collective
2     bargaining agreement who are not members of the exclusive
3     representative's organization pay their proportionate
4     share of the costs of the collective bargaining process,
5     contract administration, and pursuit of matters affecting
6     wages, hours, and conditions of employment. The nonmember
7     employees' share of the costs shall not exceed the amount
8     of dues uniformly required of members. The exclusive
9     representative shall certify to the employer the amount
10     constituting each nonmember employee's proportionate share
11     and the employer shall deduct such amount from the earnings
12     of the nonmember employees and remit such amounts to the
13     labor organization.
14         (2) Agreements containing a fair share agreement must
15     safeguard the right of nonmember employees based upon bona
16     fide religious tenets or teachings of a church or religious
17     body of which such employees are members. Such employees
18     may be required to pay an amount equal to their fair share,
19     determined under a lawful fair share agreement, to a
20     nonreligious charitable organization mutually agreed upon
21     by the employees affected and the exclusive bargaining
22     representative to which such employees would otherwise pay
23     such service fee. If the affected employees and the
24     bargaining representative are unable to reach an agreement
25     on the matter, the Board may establish an approved list of
26     charitable organizations to which such payments may be
27     made.
28     (c) If a collective bargaining agreement is terminated, or
29 continues in effect beyond its scheduled expiration date
30 pending the negotiation of a successor agreement, the employer
31 shall continue to honor and abide by any dues deduction or fair
32 share clause contained therein until a new agreement is reached
33 including dues deduction or a fair share clause. For the
34 benefit of any successor exclusive representative certified
35 under this Act, this provision shall be applicable, provided
36 the successor exclusive representative:

 

 

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1             (i) certifies to the employer the amount
2         constituting each nonmember's proportionate share
3         under subsection (b); or
4             (ii) presents the employer with employee written
5         authorizations for the deduction of dues, assessments,
6         and fees under this subsection.
7     Failure to so honor and abide by dues deduction or fair
8 share clauses for the benefit of any exclusive representative,
9 including a successor, shall be a violation of the duty to
10 bargain and an unfair labor practice.
 
11     Section 40. Unfair labor practice procedures. Unfair labor
12 practices may be dealt with by the Board in the following
13 manner:
14     (a) If it is charged that any person has engaged in or is
15 engaging in any unfair labor practice, the Board or any agent
16 designated by the Board for such purposes shall conduct an
17 investigation of the charge. If, after such investigation, the
18 Board finds that the charge involves a dispositive issue of law
19 or fact, the Board shall issue a complaint and cause to be
20 served upon the person a complaint stating the charges,
21 accompanied by a notice of hearing. The notice of hearing shall
22 indicate that a hearing is to take place before the Board, or a
23 member thereof designated by the Board, or before a qualified
24 hearing officer designated by the Board at the offices of the
25 Board or such other location as the Board deems appropriate, on
26 a date not less than 5 days after service of such complaint. No
27 complaint shall issue based upon any unfair labor practice
28 occurring more than 6 months before the filing of a charge with
29 the Board and the service of a copy thereof upon the person
30 against whom the charge is made, unless the person aggrieved
31 thereby did not reasonably have knowledge of the alleged unfair
32 labor practice or was prevented from filing such a charge by
33 reason of service in the armed forces, in which event the 6
34 month period shall be computed from the date of his or her
35 discharge. Any such complaint may be amended by the member or

 

 

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1 hearing officer conducting the hearing for the Board in his or
2 her discretion at any time before the issuance of an order
3 based thereon. The person who is the subject of the complaint
4 has the right to file an answer to the original or amended
5 complaint and to appear in person or by a representative and
6 give testimony at the place and time fixed in the complaint. In
7 the discretion of the member or hearing officer conducting the
8 hearing, or in the discretion of the Board, any other person
9 may be allowed to intervene in the proceeding and to present
10 testimony. In any hearing conducted by the Board, neither the
11 Board nor the member or agent conducting the hearing shall be
12 bound by the rules of evidence applicable to courts, except as
13 to the rules of privilege recognized by law.
14     (b) The Board shall have the power to issue subpoenas and
15 administer oaths. If any party willfully fails or neglects to
16 appear or testify or to produce books, papers, and records
17 pursuant to the issuance of a subpoena by the Board, the Board
18 may apply to a court of competent jurisdiction to request that
19 such party be ordered to appear before the Board to testify or
20 produce the requested evidence.
21     (c) Any testimony taken by the Board, or a member
22 designated by the Board or a hearing officer thereof, must be
23 reduced to writing and filed with the Board. A full and
24 complete record shall be kept of all proceedings before the
25 Board, and all proceedings shall be transcribed by a reporter
26 appointed by the Board. The party on whom the burden of proof
27 rests shall be required to sustain such burden by a
28 preponderance of the evidence. If, upon a preponderance of the
29 evidence taken, the Board is of the opinion that any person
30 named in the charge has engaged in or is engaging in an unfair
31 labor practice, then it shall state its findings of fact and
32 shall issue and cause to be served upon the person an order
33 requiring him or her to cease and desist from the unfair labor
34 practice, and to take such affirmative action, including
35 reinstatement of employees with or without back pay, as will
36 effectuate the policies of this Act. If the Board awards back

 

 

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1 pay, it shall also award interest at the rate of 7% per year.
2 If the Board finds that a party has demonstrated a pattern of
3 committing unfair labor practices or if the Board finds that a
4 party has demonstrated an egregious disregard for the rights of
5 employees under this Act, the Board may, in its discretion,
6 issue an order barring the party from receiving public
7 contracts or State tax incentives for a period of up to 3
8 years. Upon issuing such an order, the Board shall notify the
9 Office of the Governor in writing of the issuance of its order.
10 The Board's order may further require the person to make
11 reports from time to time, and to demonstrate the extent to
12 which he or she has complied with the order. If there is no
13 preponderance of evidence to indicate to the Board that the
14 person named in the charge has engaged in or is engaging in the
15 unfair labor practice, then the Board shall state its findings
16 of fact and shall issue an order dismissing the complaint. The
17 Board's order may in its discretion also include an appropriate
18 sanction, based on the Board's rules, and the sanction may
19 include an order to pay the other party or parties' reasonable
20 expenses including costs and reasonable attorney's fees, if the
21 other party has made allegations or denials without reasonable
22 cause and found to be untrue or has engaged in frivolous
23 litigation for the purpose of delay or needless increase in the
24 cost of litigation.
25     (d) Until the record in a case has been filed in court, the
26 Board at any time, upon reasonable notice and in such manner as
27 it deems proper, may modify or set aside, in whole or in part,
28 any finding or order made or issued by it.
29     (e) A charging party or any person aggrieved by a final
30 order of the Board granting or denying in whole or in part the
31 relief sought may apply for and obtain judicial review of an
32 order of the Board entered under this Act, in accordance with
33 the Administrative Review Law, except that such judicial review
34 shall be afforded directly in the appellate court for the
35 district in which the aggrieved party resides or transacts
36 business, and provided, that such judicial review shall not be

 

 

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1 available for the purpose of challenging a final order issued
2 by the Board pursuant to Section 50 for which judicial review
3 has been petitioned pursuant to subsection (g) of Section 50.
4 Any direct appeal to the appellate court shall be filed within
5 35 days from the date that a copy of the decision sought to be
6 reviewed was served upon the party affected by the decision.
7 The Board in proceedings under this Section may obtain an order
8 of the court for the enforcement of its order.
9     (f) If it appears that any person has violated a final
10 order of the Board issued pursuant to this Section, the Board
11 must commence an action in the name of the People of the State
12 of Illinois by petition, alleging the violation, attaching a
13 copy of the order of the Board, and praying for the issuance of
14 an order directing the person and his or her officers, agents,
15 servants, successors, and assigns to comply with the order of
16 the Board. The Board shall be represented in this action by the
17 Attorney General in accordance with the Attorney General Act.
18 The court may grant or refuse, in whole or in part, the relief
19 sought, provided that the court may stay an order of the Board
20 in accordance with the Administrative Review Law, pending
21 disposition of the proceedings. The court may punish a
22 violation of its order as in civil contempt.
23     (g) The proceedings provided in paragraph (f) of this
24 Section shall be commenced in the appellate court for the
25 district where the unfair labor practice which is the subject
26 of the Board's order was committed, or where a person required
27 to cease and desist by such order resides or transacts
28 business.
29     (h) The Board, through the Attorney General, shall have
30 power, upon issuance of an unfair labor practice complaint
31 alleging that a person has engaged in or is engaging in an
32 unfair labor practice, to petition the circuit court where the
33 alleged unfair labor practice which is the subject of the
34 Board's complaint was allegedly committed, or where a person
35 required to cease and desist from such alleged unfair labor
36 practice resides or transacts business, for appropriate

 

 

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1 temporary relief or a restraining order. Upon the filing of any
2 such petition, the court shall cause notice thereof to be
3 served upon such persons, and thereupon shall have jurisdiction
4 to grant to the Board such temporary relief or restraining
5 order as it deems just and proper.
6     (i) If an unfair labor practice charge involves the
7 interpretation or application of a collective bargaining
8 agreement and that agreement contains a grievance procedure
9 with binding arbitration as its terminal step, the Board may
10 defer the resolution of such dispute to the grievance and
11 arbitration procedure contained in that agreement.
 
12     Section 45. Grievance procedure. The collective bargaining
13 agreement negotiated between the employer and the exclusive
14 representative shall contain a grievance resolution procedure
15 which shall apply to all employees in the bargaining unit and
16 shall provide for final and binding arbitration of disputes
17 concerning the administration or interpretation of the
18 agreement unless mutually agreed otherwise. Any agreement
19 containing a final and binding arbitration provision shall also
20 contain a provision prohibiting strikes for the duration of the
21 agreement. The grievance and arbitration provisions of any
22 collective bargaining agreement shall be subject to the Uniform
23 Arbitration Act. The costs of such arbitration shall be borne
24 equally by the employer and the exclusive representative.
 
25     Section 50. Elections; recognition; designation of
26 exclusive representative.
27     (a) In accordance with such rules as the Board may
28 prescribe, the Board shall designate a labor organization as
29 the exclusive representative of employees through the
30 processes outlined in this Section.
31         (1) The Board may conduct an election to determine the
32     exclusive representative of employees if:
33             (A) an employee or group of employees or any labor
34         organization acting in their behalf files a petition

 

 

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1         demonstrating that 30% of the employees in an
2         appropriate unit wish to be represented for the
3         purposes of collective bargaining by a labor
4         organization as exclusive representative, or asserting
5         that the labor organization which has been certified or
6         is currently recognized by the employer as the
7         bargaining representative is no longer the
8         representative of the majority of the employees in the
9         unit; or
10             (B) an employer files a petition alleging that one
11         or more labor organizations have presented to it a
12         claim that they be recognized as the representative of
13         a majority of the employees in an appropriate unit.
14         The Board shall investigate such petitions, and if it
15     has reasonable cause to believe that a question of
16     representation exists, shall provide for an appropriate
17     hearing upon due notice. Such hearing shall be held at the
18     offices of the Board or such other location as the Board
19     deems appropriate. If it finds upon the record of the
20     hearing that a question of representation exists, it shall
21     direct an election, which shall be held not later than 120
22     days after the date the petition was filed; provided,
23     however, the Board may extend the time for holding an
24     election by an additional 60 days if, upon motion by a
25     person who has filed a petition under this Section or is
26     the subject of a petition filed under this Section and is a
27     party to such hearing, or upon the Board's own motion, the
28     Board finds that good cause has been shown for extending
29     the election date; provided further, that nothing in this
30     Section shall prohibit the Board, in its discretion, from
31     extending the time for holding an election for so long as
32     may be necessary under the circumstances, if the purpose
33     for such extension is to permit resolution by the Board of
34     an unfair labor practice charge filed by one of the parties
35     to a representational proceeding against the other based
36     upon conduct which may either affect the existence of a

 

 

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1     question concerning representation or have a tendency to
2     interfere with a fair and free election, if the party
3     filing the charge has not filed a request to proceed with
4     the election; and provided further that before the
5     expiration of the total time allotted for holding an
6     election, a person who has filed a petition under this
7     Section or is the subject of a petition filed under this
8     Section and is a party to such hearing or the Board, may
9     move for and obtain the entry of an order in the circuit
10     court of the county in which the majority of the employees
11     sought to be represented by such person reside, such order
12     extending the date upon which the election shall be held.
13     Such order shall be issued by the circuit court only upon a
14     judicial finding that there has been a sufficient showing
15     that there is good cause to extend the election date beyond
16     such period and shall require the Board to hold the
17     election as soon as is feasible given the totality of the
18     circumstances. Such 120-day period may be extended one or
19     more times by the agreement of all parties to the hearing
20     to a date certain without the necessity of obtaining a
21     court order. Nothing in this Section prohibits the waiving
22     of hearings by stipulation for the purpose of a consent
23     election in conformity with the rules of the Board or an
24     election in a unit agreed upon by the parties. Other
25     interested employee organizations may intervene in the
26     proceedings in the manner and within the time period
27     specified by rules of the Board. Interested parties who are
28     necessary to the proceedings may also intervene in the
29     proceedings in the manner and within the time period
30     specified by the rules of the Board.
31         (2) The Board shall designate an exclusive
32     representative for purposes of collective bargaining when
33     the representative demonstrates a showing of majority
34     interest by employees in the unit. If the parties to a
35     dispute are without agreement on the means to ascertain the
36     choice, if any, of employee organization as their

 

 

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1     representative, the Board shall ascertain the employees'
2     choice of employee organization on the basis of dues
3     deduction authorization and other evidence, or, if
4     necessary, by conducting an election. The Board shall
5     protect the confidentiality of the employees signing dues
6     deduction authorizations and other evidence evidencing
7     support for a labor organization. If either party provides
8     to the Board, before the designation of an exclusive
9     representative, clear and convincing evidence that the
10     dues deduction authorizations, and other evidence upon
11     which the Board would otherwise rely to ascertain the
12     employees' choice of representative, are fraudulent or
13     were obtained through coercion, the Board shall promptly
14     thereafter conduct an election. The Board shall also
15     investigate and consider a party's allegations that the
16     dues deduction authorizations and other evidence submitted
17     in support of a designation of representative without an
18     election were subsequently changed, altered, withdrawn, or
19     withheld as a result of employer fraud or coercion or any
20     other unfair labor practice by the employer. If the Board
21     determines that a labor organization would have had a
22     majority interest but for an employer's fraud, coercion, or
23     unfair labor practice, it shall designate the labor
24     organization as an exclusive representative without
25     conducting an election.
26         (3) An employer may voluntarily recognize a labor
27     organization as the exclusive representative of the
28     employer's employees. Any labor organization which is
29     designated or selected by the majority of employees, in a
30     unit of the employer having no other recognized or
31     certified representative, as their representative for
32     purposes of collective bargaining may request recognition
33     by the employer in writing. The employer shall post such
34     request for a period of at least 20 days following its
35     receipt thereof on bulletin boards or other places used or
36     reserved for employee notices. Within the 20-day period any

 

 

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1     other interested employee organization may petition the
2     Board in the manner specified by rules of the Board,
3     provided that such interested employee organization has
4     been designated by at least 10% of the employees in an
5     appropriate bargaining unit which includes all or some of
6     the employees in the unit recognized by the employer. In
7     such event, the Board shall proceed with the petition in
8     the same manner as provided by paragraph (1) of this
9     subsection (a).
10     (b) The Board shall decide in each case, in order to assure
11 employees the fullest freedom in exercising the rights
12 guaranteed by this Act, a unit appropriate for the purpose of
13 collective bargaining, based upon but not limited to such
14 factors as: historical pattern of recognition; community of
15 interest including employee skills and functions; degree of
16 functional integration; interchangeability and contact among
17 employees; common supervision, wages, hours, and other working
18 conditions of the employees involved; and the desires of the
19 employees. In cases involving an historical pattern of
20 recognition, and in cases in which the employer has recognized
21 the labor organization as the sole and exclusive bargaining
22 agent for a specified existing unit, the Board shall find the
23 employees in the unit then represented by the labor
24 organization pursuant to the recognition to be the appropriate
25 unit.
26     Notwithstanding the above factors, if the majority of
27 employees of a craft so decide, the Board shall designate such
28 craft as a unit appropriate for the purposes of collective
29 bargaining.
30     The Board shall not decide that any unit is appropriate if
31 such unit includes both professional and nonprofessional
32 employees, unless a majority of each group votes for inclusion
33 in such unit.
34     (c) Nothing in this Act shall interfere with or negate the
35 current representation rights or patterns and practices of
36 labor organizations which have historically represented

 

 

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1 employees for the purpose of collective bargaining, including
2 but not limited to the negotiations of wages, hours, and
3 working conditions, discussions of employees' grievances,
4 resolution of jurisdictional disputes, or the establishment
5 and maintenance of prevailing wage rates, unless a majority of
6 employees so represented express a contrary desire pursuant to
7 the procedures set forth in this Act.
8     (d) Within 7 days after the Board issues its bargaining
9 unit determination and direction of election or the execution
10 of a stipulation for the purpose of a consent election, the
11 employer shall submit to the labor organization the complete
12 names and addresses of those employees who are determined by
13 the Board to be eligible to participate in the election. If the
14 Board has determined that a labor organization has been fairly
15 and freely chosen by a majority of employees in an appropriate
16 unit, it shall certify such organization as the exclusive
17 representative. If the Board determines that a majority of
18 employees in an appropriate unit has fairly and freely chosen
19 not to be represented by a labor organization, it shall so
20 certify. The Board may also revoke the certification of the
21 labor organization as exclusive bargaining representatives
22 which have been found by a secret ballot election to be no
23 longer the majority representative.
24     (e) The Board shall not conduct an election in any
25 bargaining unit or any subdivision thereof within which a valid
26 election has been held in the preceding 12-month period. The
27 Board shall determine who is eligible to vote in an election
28 and shall establish rules governing the conduct of the election
29 or conduct affecting the results of the election. The Board
30 shall include on a ballot in a representation election a choice
31 of "no representation". A labor organization currently
32 representing the bargaining unit of employees shall be placed
33 on the ballot in any representation election. In any election
34 where none of the choices on the ballot receives a majority, a
35 runoff election shall be conducted between the 2 choices
36 receiving the largest number of valid votes cast in the

 

 

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1 election. A labor organization which receives a majority of the
2 votes cast in an election shall be certified by the Board as
3 exclusive representative of all employees in the unit.
4     (f) No election shall be directed by the Board in any
5 bargaining unit if there is in force a valid collective
6 bargaining agreement. The Board, however, may process an
7 election petition filed between 90 and 60 days before the
8 expiration of the date of an agreement, and may further refine,
9 by rule or decision, the implementation of this provision. If
10 more than 4 years have elapsed since the effective date of the
11 agreement, the agreement shall continue to bar an election,
12 except that the Board may process an election petition filed
13 between 90 and 60 days before the end of each successive year
14 of such agreement.
15     (g) An order of the Board dismissing a representation
16 petition, determining and certifying that a labor organization
17 has been fairly and freely chosen by a majority of employees in
18 an appropriate bargaining unit, or determining and certifying
19 that a labor organization has not been fairly and freely chosen
20 by a majority of employees in the bargaining unit constitutes a
21 final order. Any person aggrieved by any such order issued on
22 or after the effective date of this Act may apply for and
23 obtain judicial review in accordance with the Administrative
24 Review Law, except that such review shall be afforded directly
25 in the appellate court for the district in which the aggrieved
26 party resides or transacts business. Any direct appeal to the
27 appellate court shall be filed within 35 days from the date
28 that a copy of the decision sought to be reviewed was served
29 upon the party affected by the decision.
 
30     Section 55. Right to strike.
31     (a) Nothing in this Act shall be construed to either
32 interfere with or impede or diminish in any way the right to
33 strike, except as otherwise provided in this Act, or to affect
34 the limitations or qualifications on that right. An employee
35 who exercises such right may not be disciplined, replaced, or

 

 

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1 otherwise have his or her wages, hours, or terms and conditions
2 of employment adversely affected.
3     (b) Nothing in this Act shall be construed to require an
4 individual employee to render labor or service without his or
5 her consent, nor shall anything in this Act be construed to
6 make the quitting of his or her labor by an individual employee
7 an illegal act, nor shall any court issue any process to compel
8 the performance by an individual employee of such labor or
9 service, without his or her consent. The quitting of labor by
10 an employee or employees in good faith because of abnormally
11 dangerous conditions for work at the place of employment of
12 such employee or employees shall not be deemed a strike under
13 this Act.
 
14     Section 60. Enforcement.
15     (a) The State Panel of the Illinois Labor Relations Board
16 shall have exclusive jurisdiction over enforcement of this Act.
17 It shall further have the authority to make and revise
18 administrative rules, including emergency rules, as it deems
19 appropriate to carry out the purposes of this Act. For the
20 purpose of developing administrative rules, should this Act or
21 any substantive amendment to this Act be effective immediately,
22 the immediate effective date shall create an "emergency" within
23 the meaning of Section 5-45 of the Illinois Administrative
24 Procedure Act.
25     (b) Suits for violation of contracts between an employer
26 and exclusive representative or between an employer and labor
27 organization may be brought in the circuit court. Any labor
28 organization may sue or be sued as an entity and in behalf of
29 the employees whom it represents. Any money judgment against a
30 labor organization shall be enforceable only against the
31 organization as an entity and against its assets, and shall not
32 be enforceable against any individual member or his or her
33 assets.