Illinois General Assembly - Full Text of Public Act 093-0375
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Public Act 093-0375


 

Public Act 93-0375 of the 93rd General Assembly


Public Act 93-0375

SB90 Enrolled                        LRB093 04682 WGH 04738 b

    AN ACT concerning employment.

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

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

    (820 ILCS 30/1) (from Ch. 48, par. 2e)
    Sec. 1.  Definitions.  For the purpose of this Act:
    (a)  "Lockout" means the action of an  employer  pursuant
to  a  labor  dispute  in  temporarily  closing  a  place  of
employment  or  preventing  an  employee  or  employees  from
engaging in their normal course of employment for the purpose
of  inducing  settlement  of  the  dispute or influencing the
conditions of employment to be agreed on.
    (b)  "Person"   means   any   individual,    partnership,
association, firm, corporation, union, or group of employees.
    (c)  "Professional  strikebreaker"  means  any person who
repeatedly and habitually offers himself for employment on  a
temporary  basis where a lockout or strike exists to take the
place of an employee  whose  work  has  ceased  as  a  direct
consequence of such lockout or strike.
    (d)  "Strike"  means  the  concerted  action of employees
pursuant to a labor dispute in failing to  report  for  work,
engaging in the stoppage of work, picketing (where the effect
of such picketing is to induce any individual not to pick up,
deliver  or  transport  any  goods  or  not  to  perform  any
services), or abstaining from the full and proper performance
of  the  duties  of  employment  for  the purpose of inducing
settlement of the dispute or influencing  the  conditions  of
employment to be agreed on.
    (e)  "Day  and  temporary  labor  service agency" has the
meaning ascribed to that term in the Day and Temporary  Labor
Services Act.
(Source: P.A. 79-859.)

    (820 ILCS 30/2) (from Ch. 48, par. 2f)
    Sec.   2.    No   person   shall   knowingly  employ  any
professional strikebreaker in the place of an employee, whose
work has ceased as a  direct  consequence  of  a  lockout  or
strike,  or knowingly contract with a day and temporary labor
service agency to provide a  replacement  for  the  employee,
during  any  period  when a lockout or strike is in progress.
Nor shall any professional strikebreaker  take  or  offer  to
take  the  place  in  employment  of  employees involved in a
lockout or strike.
    Nothing in  this  amendatory  Act  of  the  93rd  General
Assembly   shall  be  construed  to  prohibit  the  continued
employment of a day or temporary laborer by  an  employer  if
the  day  or  temporary  laborer had already been assigned to
work for the employer at  the  time  the  strike  or  lockout
began.
(Source: P.A. 79-859.)

    Section  10.  The Day and Temporary Labor Services Act is
amended by changing Section 10 as follows:

    (820 ILCS 175/10)
    Sec. 10. Statement.
    (a) Whenever a day and  temporary  labor  service  agency
agrees  to  send  one  or  more  persons  to  work  as day or
temporary laborers,  the  day  and  temporary  labor  service
agency  shall,  upon  request  by a day or temporary laborer,
provide  to  the  day  or  temporary  laborer   a   statement
containing  the following items: "Name and nature of the work
to be performed", "wages offered", "destination of the person
employed", "terms of transportation", and whether a meal  and
equipment is provided, either  by the day and temporary labor
service or the third party employer, and the cost of the meal
and equipment, if any.
    (b)  No  day  and temporary labor service agency may send
any day or temporary laborer to any place where a  strike,  a
lockout,   or   other  labor  trouble  exists  without  first
notifying the day or temporary laborer of the conditions.
    (c)  The Department shall recommend to day and  temporary
labor  service agencies  that those agencies employ personnel
who  can  effectively  communicate  information  required  in
subsections (a) and (b)  to  day  or  temporary  laborers  in
Spanish, Polish, or any other language that is generally used
in the locale of the day and temporary labor agency.
(Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)

Effective Date: 1/1/2004