Public Act 093-0854
 
HB4374 Enrolled LRB093 19397 MKM 45135 b

    AN ACT concerning labor relations.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. 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, 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.
    (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. 85-1032.)

Effective Date: 1/1/2005