SB1802 100TH GENERAL ASSEMBLY

LRB100 06105 RJF 16137 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1802

Introduced 2/9/2017, by Sen. William E. Brady

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 315/6	from Ch. 48, par. 1606

Creates the Innovation Technology Honors Program Act. Provides for the application and hiring process to the Program, and the term of employment to be served. Provides that the Program shall be limited to 50 new hires each year, with no more than 250 participants working under the Program at any given period of time. Provides that 50% of the yearly hires to the Program shall be reserved for recent graduates of an Illinois college or university. Provides for compensation to participants under the Program. Provides that the provisions of the Illinois Public Labor Relations Act regarding collective bargaining and the right to organize shall not apply to any person hired as a participant under the Program, and participants shall be barred from representation in a bargaining unit. Provides that hiring of participants under the Program shall not be subject to any veteran preference requirements as provided in the Personnel Code. Amends the Illinois Public Labor Relations Act to make a conforming change. Provides for a purpose of the Act and defines terms.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Innovation Technology Honors Program Act.

Section 5. Purpose. With a rapidly changing information technology landscape and a retirement wave set to hit State government, it is important to promote and retain talent quickly and efficiently in the information technology field. To that end, the purpose of the Innovation Technology Honors Program is to allow the Department of Innovation and Technology to recruit and hire recently graduated Illinois residents with 21st Century skillsets, and a desire to use those skillsets towards the improvement, proficiency, and use of information technology in the State of Illinois.

Section 10. Definitions. As used in this Act:

"Department" means the Department of Innovation and Technology.

"Participant" means a person hired under the Innovation Technology Honors Program.

"Program" means the Innovation Technology Honors Program.

"Recent graduates" means applicants to the Innovation Technology Honors Program who have graduated from an Illinois college or university within 12 months prior to applying for the Program.

"Secretary" means the Secretary of Innovation and Technology.

Section 15. Innovation Technology Honors Program.

(a) The Innovation Technology Honors Program is created within the Department of Innovation and Technology.

(b) Applicants to the Program shall complete an application prescribed by the Secretary of Innovation and Technology, and shall be chosen for the Program based upon qualifications prescribed by the Secretary. Once accepted into the Program, a participant shall complete a 2-year term, subject to suspension or discharge on a just cause basis, with any layoffs, should they occur, done in order of seniority, beginning with the most senior participant. At the end of the 2-year term, the Secretary shall have the option to either renew a participant for another 2-year term, or let that participant's term expire without renewal. The Program shall be limited to 50 new hires each year, with no more than 250 participants working under the Program at any given period of time. Fifty percent of the yearly hires to the Program shall be reserved for recent graduates of an Illinois college or university. Compensation for participants of the Program shall be determined by the Secretary.

(c) The provisions of Section 6 of the Illinois Public Labor Relations Act regarding collective bargaining and the right to organize shall not apply to any person hired as a participant under the Program, and participants shall be barred from representation in a bargaining unit. Nothing in this subsection (c) shall prevent the future promotion of a participant under the Program into a union represented position.

(d) Hiring of participants under the Program shall not be subject to any veteran preference requirements as provided in Section 8b.7 of the Personnel Code. The Department shall, however, develop a recruiting program that promotes diversity in the State's workforce, and enhances the inclusion of women and minorities in the State's information technology field.

Section 20. The Illinois Public Labor Relations Act is amended by changing Section 6 as follows:

(5 ILCS 315/6) (from Ch. 48, par. 1606)

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, employees hired as participants under the Innovation Technology Honors Program Act, 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, 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).

(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.

(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 Section 4 of this Act. A public employer is required 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.

(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.

(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.

(f) Only the exclusive representative may negotiate provisions in a collective bargaining agreement providing for the payroll deduction of labor organization dues, fair share payment, initiation fees and assessments. Except as provided in subsection (e) of this Section, any such deductions shall only be made 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.

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.

(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.)