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09500HB2071ham001 |
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LRB095 01545 MJR 34290 a |
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| provide safe and reliable electric service to retail |
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| customers. |
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| (3) It is necessary to prevent additional staffing |
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| level reductions in order to protect system reliability and |
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| the health and safety of electric utility employees, retail |
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| customers, and the public.
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| (b) For purposes of this Section, "labor displacement or |
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| reduction" means any decrease in the staffing levels for one or |
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| more job classifications, including, but not limited to, |
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| layoffs, attrition, voluntary severance, and termination. |
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| (c) No electric utility shall be allowed to engage in any |
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| labor displacement or reductions below the staffing levels for |
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| each job classification in existence on January 1, 2007, unless |
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| the electric utility submits a petition to the Commission that |
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| sets forth the requested labor displacement or reductions and |
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| obtains approval from the Commission in a contested proceeding. |
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| The electric utility shall bear the burden of proof and must |
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| demonstrate to the Commission based upon clear and convincing |
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| evidence that the staffing reductions will not in any manner |
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| disrupt or impair the ability of the electric utility to |
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| provide safe and reliable electric service that protects and |
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| promotes the safety, health, comfort, and convenience of its |
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| patrons, employees, and the public. |
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| (d) Nothing in this Section shall prevent a labor |
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| displacement or reduction due to attrition so long as the |
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| electric utility fills the vacancy or vacancies within a |
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09500HB2071ham001 |
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LRB095 01545 MJR 34290 a |
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| reasonable period of time, which in no case shall be greater |
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| than 6 months. Nothing in this Section shall prohibit an |
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| electric utility from terminating an employee pursuant to the |
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| terms of a collective bargaining agreement or other agreement |
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| with employees or employee representatives provided that the |
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| electric utility shall fill the vacancy or vacancies within a |
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| reasonable period of time, which in no case shall be greater |
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| than 6 months. |
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| (e) The employees of an electric utility, including the |
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| collective bargaining representative or representatives of the |
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| employees, shall have an independent statutory cause of action |
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| under State law to file a complaint against an electric utility |
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| in circuit court for alleged violations of this Section. |
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| The employees of an electric utility, including the |
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| collective bargaining representative or representatives of |
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| such employees, may file a complaint in the circuit court of |
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| Cook, Sangamon, or Madison County or any other circuit court in |
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| order to prevent or stop the violation of this Section either |
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| by mandamus or injunction. The circuit court shall specify a |
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| time, not exceeding 21 days after the service of the copy of |
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| the complaint for mandamus or injunction for the filing of any |
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| answer, and in the meantime the named defendant shall be |
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| restrained from continuing an alleged violation pending a |
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| hearing before the court. In the event of default, or after |
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| answer, the circuit court shall immediately inquire into the |
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| facts and circumstances of the case and enter an appropriate |
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09500HB2071ham001 |
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LRB095 01545 MJR 34290 a |
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| order with respect to the matters in the complaint. An appeal |
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| may be taken from the final judgment in the same manner and |
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| with the same effect as appeals are taken from judgments of the |
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| circuit court in other actions for mandamus or injunction. |
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| Nothing in this subsection (e) shall limit the rights of |
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| employees of an electric utility, including the collective |
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| bargaining representative or representatives of such |
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| employees, to file a complaint against the electric utility |
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| with the Commission for alleged violations of this Section. |
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| (f) In any case in which an employee of an electric |
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| utility, including the collective bargaining representative or |
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| representatives of such employees, demonstrates that an |
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| electric utility has violated or is about to violate this |
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| Section, the circuit court shall permanently restrain or order |
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| the defendant or defendants from continuing the alleged |
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| violation and award the party bringing the action the |
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| reasonable expenses of the litigation, including all |
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| reasonable attorney's fees.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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