Sen. Andy Manar

Filed: 3/4/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3411

2    AMENDMENT NO. ______. Amend Senate Bill 3411 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 10 as follows:
 
6    (5 ILCS 315/10)  (from Ch. 48, par. 1610)
7    Sec. 10. Unfair labor practices.
8    (a) It shall be an unfair labor practice for an employer or
9its agents:
10        (1) to interfere with, restrain or coerce public
11    employees in the exercise of the rights guaranteed in this
12    Act or to dominate or interfere with the formation,
13    existence or administration of any labor organization or
14    contribute financial or other support to it; provided, an
15    employer shall not be prohibited from permitting employees
16    to confer with him during working hours without loss of

 

 

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1    time or pay;
2        (2) to discriminate in regard to hire or tenure of
3    employment or any term or condition of employment in order
4    to encourage or discourage membership in or other support
5    for any labor organization. Nothing in this Act or any
6    other law precludes a public employer from making an
7    agreement with a labor organization to require as a
8    condition of employment the payment of a fair share under
9    paragraph (e) of Section 6;
10        (3) to discharge or otherwise discriminate against a
11    public employee because he has signed or filed an
12    affidavit, petition or charge or provided any information
13    or testimony under this Act;
14        (4) to refuse to bargain collectively in good faith
15    with a labor organization which is the exclusive
16    representative of public employees in an appropriate unit,
17    including, but not limited to, the discussing of grievances
18    with the exclusive representative;
19        (5) to violate any of the rules and regulations
20    established by the Board with jurisdiction over them
21    relating to the conduct of representation elections or the
22    conduct affecting the representation elections;
23        (6) to expend or cause the expenditure of public funds
24    to any external agent, individual, firm, agency,
25    partnership or association in any attempt to influence the
26    outcome of representational elections held pursuant to

 

 

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1    Section 9 of this Act; provided, that nothing in this
2    subsection shall be construed to limit an employer's right
3    to internally communicate with its employees as provided in
4    subsection (c) of this Section, to be represented on any
5    matter pertaining to unit determinations, unfair labor
6    practice charges or pre-election conferences in any formal
7    or informal proceeding before the Board, or to seek or
8    obtain advice from legal counsel. Nothing in this paragraph
9    shall be construed to prohibit an employer from expending
10    or causing the expenditure of public funds on, or seeking
11    or obtaining services or advice from, any organization,
12    group, or association established by and including public
13    or educational employers, whether covered by this Act, the
14    Illinois Educational Labor Relations Act or the public
15    employment labor relations law of any other state or the
16    federal government, provided that such services or advice
17    are generally available to the membership of the
18    organization, group or association, and are not offered
19    solely in an attempt to influence the outcome of a
20    particular representational election; or
21        (7) to refuse to reduce a collective bargaining
22    agreement to writing or to refuse to sign such agreement.
23    (b) It shall be an unfair labor practice for a labor
24organization or its agents:
25        (1) to restrain or coerce public employees in the
26    exercise of the rights guaranteed in this Act, provided,

 

 

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1    (i) that this paragraph shall not impair the right of a
2    labor organization to prescribe its own rules with respect
3    to the acquisition or retention of membership therein or
4    the determination of fair share payments and (ii) that a
5    labor organization or its agents shall commit an unfair
6    labor practice under this paragraph in duty of fair
7    representation cases only by intentional misconduct in
8    representing employees under this Act;
9        (2) to restrain or coerce a public employer in the
10    selection of his representatives for the purposes of
11    collective bargaining or the settlement of grievances; or
12        (3) to cause, or attempt to cause, an employer to
13    discriminate against an employee in violation of
14    subsection (a)(2);
15        (4) to refuse to bargain collectively in good faith
16    with a public employer, if it has been designated in
17    accordance with the provisions of this Act as the exclusive
18    representative of public employees in an appropriate unit;
19        (5) to violate any of the rules and regulations
20    established by the boards with jurisdiction over them
21    relating to the conduct of representation elections or the
22    conduct affecting the representation elections;
23        (6) to discriminate against any employee because he has
24    signed or filed an affidavit, petition or charge or
25    provided any information or testimony under this Act;
26        (7) to picket or cause to be picketed, or threaten to

 

 

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1    picket or cause to be picketed, any public employer where
2    an object thereof is forcing or requiring an employer to
3    recognize or bargain with a labor organization of the
4    representative of its employees, or forcing or requiring
5    the employees of an employer to accept or select such labor
6    organization as their collective bargaining
7    representative, unless such labor organization is
8    currently certified as the representative of such
9    employees:
10            (A) where the employer has lawfully recognized in
11        accordance with this Act any labor organization and a
12        question concerning representation may not
13        appropriately be raised under Section 9 of this Act;
14            (B) where within the preceding 12 months a valid
15        election under Section 9 of this Act has been
16        conducted; or
17            (C) where such picketing has been conducted
18        without a petition under Section 9 being filed within a
19        reasonable period of time not to exceed 30 days from
20        the commencement of such picketing; provided that when
21        such a petition has been filed the Board shall
22        forthwith, without regard to the provisions of
23        subsection (a) of Section 9 or the absence of a showing
24        of a substantial interest on the part of the labor
25        organization, direct an election in such unit as the
26        Board finds to be appropriate and shall certify the

 

 

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1        results thereof; provided further, that nothing in
2        this subparagraph shall be construed to prohibit any
3        picketing or other publicity for the purpose of
4        truthfully advising the public that an employer does
5        not employ members of, or have a contract with, a labor
6        organization unless an effect of such picketing is to
7        induce any individual employed by any other person in
8        the course of his employment, not to pick up, deliver,
9        or transport any goods or not to perform any services;
10        or
11        (8) to refuse to reduce a collective bargaining
12    agreement to writing or to refuse to sign such agreement.
13    (b-5) It shall be an unfair labor practice for an employer
14or its agents to require a peace officer to perform any of the
15tasks that are prohibited under Section 5-1136 of the Counties
16Code, Section 11-1-12 of the Illinois Municipal Code, and
17Section 16-102.1 of the Illinois Vehicle Code.
18    (c) The expressing of any views, argument, or opinion or
19the dissemination thereof, whether in written, printed,
20graphic, or visual form, shall not constitute or be evidence of
21an unfair labor practice under any of the provisions of this
22Act, if such expression contains no threat of reprisal or force
23or promise of benefit.
24(Source: P.A. 86-412; 87-736.)
 
25    Section 10. The Counties Code is amended by adding Section

 

 

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15-1136 as follows:
 
2    (55 ILCS 5/5-1136 new)
3    Sec. 5-1136. Quotas prohibited. A county may not require a
4law enforcement officer to issue a specific number of citations
5or warnings within a designated period of time.
6    A county may not, for purposes of evaluating a law
7enforcement officer's job performance, compare the number of
8citations or warnings issued by the law enforcement officer to
9the number of citations or warnings issued by any other law
10enforcement officer who has similar job duties.
11    A home rule unit may not establish requirements for or
12assess the performance of law enforcement officers in a manner
13inconsistent with this Section. This Section is a limitation
14under subsection (i) of Section 6 of Article VII of the
15Illinois Constitution on the concurrent exercise by home rule
16units of powers and functions exercised by the State.
 
17    Section 15. The Illinois Municipal Code is amended by
18adding Section 11-1-12 as follows:
 
19    (65 ILCS 5/11-1-12 new)
20    Sec. 11-1-12. Quotas prohibited. A municipality may not
21require a law enforcement officer to issue a specific number of
22citations or warnings within a designated period of time.
23    A municipality may not, for purposes of evaluating a law

 

 

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1enforcement officer's job performance, compare the number of
2citations or warnings issued by the law enforcement officer to
3the number of citations or warnings issued by any other law
4enforcement officer who has similar job duties.
5    A home rule municipality may not establish requirements for
6or assess the performance of law enforcement officers in a
7manner inconsistent with this Section. This Section is a
8limitation under subsection (i) of Section 6 of Article VII of
9the Illinois Constitution on the concurrent exercise by home
10rule units of powers and functions exercised by the State.
 
11    Section 20. The Illinois Vehicle Code is amended by adding
12Section 16-102.1 as follows:
 
13    (625 ILCS 5/16-102.1 new)
14    Sec. 16-102.1. State Police quotas prohibited. The
15Department of State Police may not require a State Police
16officer to issue a specific number of citations or warnings
17within a designated period of time.
18    The Department of State Police may not, for purposes of
19evaluating a State Police officer's job performance, compare
20the number of citations or warnings issued by the State Police
21officer to the number of citations or warnings issued by any
22other State Police officer who has similar job duties.".