State of Illinois
91st General Assembly
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91_HB1734

 
                                               LRB9104287WHdv

 1        AN  ACT  to amend the Employment of Strikebreakers Act by
 2    changing Sections 1 and 2.

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

 5        Section  5.   The  Employment  of  Strikebreakers  Act is
 6    amended by changing Sections 1 and 2 as follows:

 7        (820 ILCS 30/1) (from Ch. 48, par. 2e)
 8        Sec. 1.  Definitions.  For the purpose of this Act:
 9        (a)  "Lockout" means the action of an  employer  pursuant
10    to  a  labor  dispute  in  temporarily  closing  a  place  of
11    employment  or  preventing  an  employee  or  employees  from
12    engaging in their normal course of employment for the purpose
13    of  inducing  settlement  of  the  dispute or influencing the
14    conditions of employment to be agreed on.
15        (b)  "Person"   means   any   individual,    partnership,
16    association, firm, corporation, union, or group of employees.
17        (c)  "Professional  strikebreaker"  means  any person who
18    repeatedly and habitually offers himself for employment on  a
19    temporary  basis where a lockout or strike exists to take the
20    place of an employee  whose  work  has  ceased  as  a  direct
21    consequence of such lockout or strike.
22        (d)  "Strike"  means  the  concerted  action of employees
23    pursuant to a labor dispute in failing to  report  for  work,
24    engaging in the stoppage of work, picketing (where the effect
25    of such picketing is to induce any individual not to pick up,
26    deliver  or  transport  any  goods  or  not  to  perform  any
27    services), or abstaining from the full and proper performance
28    of  the  duties  of  employment  for  the purpose of inducing
29    settlement of the dispute or influencing  the  conditions  of
30    employment to be agreed on.
31        (e)  "Day labor" means temporary labor or employment that
 
                            -2-                LRB9104287WHdv
 1    is  occasional or irregular at which a person is employed for
 2    not longer that the time  period  required  to  complete  the
 3    temporary assignment for which the person was hired and where
 4    wage  payments  are  made  directly  or indirectly by the day
 5    labor service or the third party employer for work  performed
 6    by  day  laborers  under  a  contract  between  the day labor
 7    service and the third party employer.
 8        (f)  "Temporary day labor service" means  any  person  or
 9    entity  engaged  in the business of employing day laborers to
10    provide services to or for any third party employer.
11    (Source: P.A. 79-859.)

12        (820 ILCS 30/2) (from Ch. 48, par. 2f)
13        Sec.  2.   No   person   shall   knowingly   employ   any
14    professional strikebreaker in the place of an employee, whose
15    work  has  ceased  as  a  direct  consequence of a lockout or
16    strike, or knowingly contract  with  a  temporary  day  labor
17    service  to  provide  a replacement for such employee, during
18    any period when a lockout or  strike  is  in  progress.   Nor
19    shall  any  professional  strikebreaker take or offer to take
20    the place in employment of employees involved in a lockout or
21    strike.
22    (Source: P.A. 79-859.)

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