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Public Act 101-0003


 

Public Act 0003 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0003
 
SB1474 EnrolledLRB101 05275 JLS 53089 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Collective Bargaining Freedom Act.
 
    Section 5. Policy. It is the policy of the State of
Illinois that employers, employees, and their labor
organizations are free to negotiate collectively. It is also
the policy of the State of Illinois that employers, employees,
and their labor organizations may freely negotiate union
security agreements, including, but not limited to, those
requiring dues to be paid to a labor organization as permitted
under 29 U.S.C. 158(a)(3). It is further the policy of the
State of Illinois that no local government or political
subdivision may create or enforce any local law, ordinance,
regulation, rule, or the like that by design or application
prohibits, restricts, tends to restrict, or regulates the use
of union security agreements between a labor organization and
an employer as permitted under 29 U.S.C. 158(a)(3).
 
    Section 10. Definitions. In this Act:
    "Employer" includes any person acting as an agent of an
employer, directly or indirectly, but does not include the
United States or any wholly owned government corporation, or
any Federal Reserve Bank, or any State or political subdivision
thereof, or any person subject to the Railway Labor Act, 45
U.S.C. 151 et seq., as amended from time to time, or any labor
organization (other than when acting as an employer), or anyone
acting in the capacity of officer or agent of such labor
organization.
    "Interested party" means a person with an interest in
compliance with this Act.
    "Labor organization" means any organization of any kind, or
any agency or employee representation committee or plan, in
which employees participate and that exists for the purpose, in
whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work.
    "Local government" and "political subdivision" include,
but are not limited to, any county, city, town, township,
village, municipality or subdivision thereof, airport
authority, cemetery district, State college or university,
community college, conservation district, drainage district,
electric agency, exposition and auditorium authority, fire
protection district, flood prevention district, forest
preserve district, home equity program, hospital district,
housing authority, joint action water agency, mass transit
district, mosquito abatement district, multi-township
assessment district, museum district, natural gas agency, park
district, planning agency, port district, public building
commission, public health district, public library district,
public water district, rescue squad district, river
conservancy district, road and bridge district, road district,
sanitary district, school district, soil and water
conservation district, solid waste agency, special recreation
association, street lighting district, surface water district,
transportation authority, water authority, water commission,
water reclamation district, water service district, municipal
corporation, and any other district, agency, or political
subdivision authorized to legislate or enact laws affecting its
respective jurisdiction, notwithstanding such local government
or political subdivision's authority to exercise any power and
perform any function pertaining to its government and affairs
granted to it by the Illinois Constitution, a law, or
otherwise.
 
    Section 15. Private sector union security agreements.
Employers and labor organizations covered by the National Labor
Relations Act may, anywhere within the entire State of
Illinois, execute and apply agreements requiring membership in
a labor organization as a condition of employment to the full
extent authorized by the National Labor Relations Act.
 
    Section 20. Authority to enact legislation affecting union
security agreements.
    (a) The authority to enact any legislation, law, ordinance,
rule, regulation, or the like that by design or application
prohibits, restricts, tends to restrict, or regulates in any
manner the use of union security agreements between an employer
and labor organization as authorized under 29 U.S.C. 164(b)
vests exclusively with the General Assembly.
    (b) No local government or political subdivision is
permitted to enact or enforce any local law, ordinance, rule,
regulation, or the like that by design or application
prohibits, restricts, tends to restrict, or regulates the use
of union security agreements between an employer and labor
organization as authorized under 29 U.S.C. 158(a)(3).
    (c) Nothing in this Act shall be construed as prohibiting
the General Assembly from enacting legislation barring the
execution or application of union security agreements as
authorized under 29 U.S.C. 164(b).
    (d) This Act is a denial and limitation of home rule powers
and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
 
    Section 25. Private right of action. Any interested party
aggrieved by a violation of this Act or any rule adopted under
this Act by any local government or political subdivision as
described in this Act may file suit in circuit court, in the
county where the alleged violation occurred or where any person
who is a party to the action resides. Actions may be brought by
one or more persons for and on behalf of themselves and other
persons similarly situated.
 
    Section 30. Ordinances; laws; rules void. Any legislation,
rule, law, ordinance, or otherwise that restricts or prohibits
in any manner the use of union security agreements between an
employer and labor organization as authorized under 29 U.S.C.
158(a)(3) is a violation of this Act and void.
 
    Section 35. Severability. If any Section, sentence,
clause, or part of this Act is for any reason held to be
unconstitutional, such decision shall not affect the remaining
portions of this Act. The General Assembly hereby declares that
it would have passed this Act, and each Section, sentence,
clause, or part thereof, irrespective of the fact that one or
more Sections, sentences, clauses, or parts might be declared
unconstitutional.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 04/12/2019