(820 ILCS 135/2.1)
(from Ch. 21, par. 102.1)
Access to Interment Rights.
(a) If the owner of an interment
right in a cemetery or his or her legatees, executor or administrator
desires to use that interment right for interment purposes, necessitated by
the decedent's membership in a religious sect whose tenets and beliefs
require burial within a specified period of time, and a labor dispute has
resulted in a disruption of normal interment services at that cemetery, the
owner of the interment right or his or her heirs and legatees, executor or
administrator may arrange for the performance of the interment by
notifying the cemetery authority and designating individuals to perform the
interment; provided that such interment and all related work necessary to
perform the interment is performed at the direction and under the
supervision of the cemetery authority's management personnel and from a
pool of workers established pursuant to an agreement between the cemetery
authority and the appropriate labor union.
An agreement establishing such pool of workers to provide for the
religiously required interments as set forth in this Section shall be
negotiated and entered into within 120 days of the effective date of this
amendatory Act of 1992.
(b) In the event of a violation of this Section, a court shall enter an
injunction granting appropriate relief, including, in the case of a willful
violation, an award of attorney's fees and the imposition of a fine not to
exceed $1,000 for each interment which is found to have been delayed in
violation of this Section.
The failure of a cemetery authority or a labor union to negotiate in good
faith to establish a pool of workers as provided in subsection (a)
constitutes a willful violation of this Section for purposes of this
subsection (b), but only if the failure to negotiate in good faith results
in the delay of a religiously required interment in violation of this Section.
(c) The circuit court shall give priority to a proceeding brought pursuant
this Section over other civil matters.
(Source: P.A. 87-1174.)