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