100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3765

 

Introduced , by Rep. Keith R. Wheeler

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/6  from Ch. 48, par. 1606
115 ILCS 5/7.5 new
115 ILCS 5/11  from Ch. 48, par. 1711

    Amends the Illinois Public Labor Relations Act. Provides that certain provisions concerning the collection of dues under collective bargaining agreements apply only to collective bargaining agreements entered into before the effective date of this amendatory Act. Provides that for collective bargaining agreements entered into, modified, extended, or amended on and after the effective date of the amendatory Act, employers shall not enter into collective bargaining agreements that provide for the payroll deduction of labor organization dues, fair share payments, initiation fees, and assessments. Provides that employers shall not deduct labor organization dues, fair share payments, initiation fees, and assessments from any employee paychecks. Amends the Illinois Educational Labor Relations Act to make conforming changes. Effective immediately.


LRB100 00081 RJF 10085 b

 

 

A BILL FOR

 

HB3765LRB100 00081 RJF 10085 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 6 as follows:
 
6    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
7    Sec. 6. Right to organize and bargain collectively;
8exclusive representation; and fair share arrangements.
9    (a) Employees of the State and any political subdivision of
10the State, excluding employees of the General Assembly of the
11State of Illinois and employees excluded from the definition of
12"public employee" under subsection (n) of Section 3 of this
13Act, have, and are protected in the exercise of, the right of
14self-organization, and may form, join or assist any labor
15organization, to bargain collectively through representatives
16of their own choosing on questions of wages, hours and other
17conditions of employment, not excluded by Section 4 of this
18Act, and to engage in other concerted activities not otherwise
19prohibited by law for the purposes of collective bargaining or
20other mutual aid or protection, free from interference,
21restraint or coercion. Employees also have, and are protected
22in the exercise of, the right to refrain from participating in
23any such concerted activities. Employees may be required,

 

 

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1pursuant to the terms of a lawful fair share agreement, to pay
2a fee which shall be their proportionate share of the costs of
3the collective bargaining process, contract administration and
4pursuing matters affecting wages, hours and other conditions of
5employment as defined in Section 3(g).
6    (b) Nothing in this Act prevents an employee from
7presenting a grievance to the employer and having the grievance
8heard and settled without the intervention of an employee
9organization; provided that the exclusive bargaining
10representative is afforded the opportunity to be present at
11such conference and that any settlement made shall not be
12inconsistent with the terms of any agreement in effect between
13the employer and the exclusive bargaining representative.
14    (c) A labor organization designated by the Board as the
15representative of the majority of public employees in an
16appropriate unit in accordance with the procedures herein or
17recognized by a public employer as the representative of the
18majority of public employees in an appropriate unit is the
19exclusive representative for the employees of such unit for the
20purpose of collective bargaining with respect to rates of pay,
21wages, hours and other conditions of employment not excluded by
22Section 4 of this Act. A public employer is required upon
23request to furnish the exclusive bargaining representative
24with a complete list of the names and addresses of the public
25employees in the bargaining unit, provided that a public
26employer shall not be required to furnish such a list more than

 

 

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1once per payroll period. The exclusive bargaining
2representative shall use the list exclusively for bargaining
3representation purposes and shall not disclose any information
4contained in the list for any other purpose. Nothing in this
5Section, however, shall prohibit a bargaining representative
6from disseminating a list of its union members.
7    (d) Labor organizations recognized by a public employer as
8the exclusive representative or so designated in accordance
9with the provisions of this Act are responsible for
10representing the interests of all public employees in the unit.
11Nothing herein shall be construed to limit an exclusive
12representative's right to exercise its discretion to refuse to
13process grievances of employees that are unmeritorious.
14    (e) When a collective bargaining agreement is entered into
15with an exclusive representative, it may include in the
16agreement a provision requiring employees covered by the
17agreement who are not members of the organization to pay their
18proportionate share of the costs of the collective bargaining
19process, contract administration and pursuing matters
20affecting wages, hours and conditions of employment, as defined
21in Section 3 (g), but not to exceed the amount of dues
22uniformly required of members. The organization shall certify
23to the employer the amount constituting each nonmember
24employee's proportionate share which shall not exceed dues
25uniformly required of members. In such case, the proportionate
26share payment in this Section shall be deducted by the employer

 

 

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1from the earnings of the nonmember employees and paid to the
2employee organization.
3    (f) For collective bargaining agreements entered into
4before the effective date of this amendatory Act of the 100th
5General Assembly, only Only the exclusive representative may
6negotiate provisions in a collective bargaining agreement
7providing for the payroll deduction of labor organization dues,
8fair share payment, initiation fees and assessments. Except as
9provided in subsection (e) of this Section, any such deductions
10shall only be made upon an employee's written authorization,
11and continued until revoked in writing in the same manner or
12until the termination date of an applicable collective
13bargaining agreement. Such payments shall be paid to the
14exclusive representative.
15    Where a collective bargaining agreement is terminated, or
16continues in effect beyond its scheduled expiration date
17pending the negotiation of a successor agreement or the
18resolution of an impasse under Section 14, the employer shall
19continue to honor and abide by any dues deduction or fair share
20clause contained therein until a new agreement is reached
21including dues deduction or a fair share clause. For the
22benefit of any successor exclusive representative certified
23under this Act, this provision shall be applicable, provided
24the successor exclusive representative:
25        (i) certifies to the employer the amount constituting
26    each non-member's proportionate share under subsection

 

 

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1    (e); or
2        (ii) presents the employer with employee written
3    authorizations for the deduction of dues, assessments, and
4    fees under this subsection.
5    Failure to so honor and abide by dues deduction or fair
6share clauses for the benefit of any exclusive representative,
7including a successor, shall be a violation of the duty to
8bargain and an unfair labor practice.
9    (f-5) For collective bargaining agreements entered into,
10modified, extended, or amended on and after the effective date
11of this amendatory Act of the 100th General Assembly, employers
12shall not enter into collective bargaining agreements that
13provide for the payroll deduction of labor organization dues,
14fair share payments, initiation fees, and assessments.
15Employers shall not deduct labor organization dues, fair share
16payments, initiation fees, and assessments from any employee
17paychecks.
18    (g) Agreements containing a fair share agreement must
19safeguard the right of nonassociation of employees based upon
20bona fide religious tenets or teachings of a church or
21religious body of which such employees are members. Such
22employees may be required to pay an amount equal to their fair
23share, determined under a lawful fair share agreement, to a
24nonreligious charitable organization mutually agreed upon by
25the employees affected and the exclusive bargaining
26representative to which such employees would otherwise pay such

 

 

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1service fee. If the affected employees and the bargaining
2representative are unable to reach an agreement on the matter,
3the Board may establish an approved list of charitable
4organizations to which such payments may be made.
5(Source: P.A. 97-1172, eff. 4-5-13.)
 
6    Section 10. The Illinois Educational Labor Relations Act is
7amended by changing Section 11 and by adding Section 7.5 as
8follows:
 
9    (115 ILCS 5/7.5 new)
10    Sec. 7.5. No dues collections. For collective bargaining
11agreements entered into, modified, extended, or amended on and
12after the effective date of this amendatory Act of the 100th
13General Assembly, employers shall not enter into collective
14bargaining agreements that provide for the payroll deduction of
15labor organization dues, initiation fees, and assessments.
16Employers shall not deduct labor organization dues, initiation
17fees, and assessments from any employee paychecks.
 
18    (115 ILCS 5/11)  (from Ch. 48, par. 1711)
19    Sec. 11. Non-member fair share payments.
20    (a) When a collective bargaining agreement is entered into
21with an exclusive representative, it may include a provision
22requiring employees covered by the agreement who are not
23members of the organization to pay to the organization a fair

 

 

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1share fee for services rendered. The exclusive representative
2shall certify to the employer an amount not to exceed the dues
3uniformly required of members which shall constitute each non
4member employee's fair share fee. For collective bargaining
5agreements containing a fair share fee provision entered into
6before the effective date of this amendatory Act of the 100th
7General Assembly, the The fair share fee payment shall be
8deducted by the employer from the earnings of the non member
9employees and paid to the exclusive representative.
10    The amount certified by the exclusive representative shall
11not include any fees for contributions related to the election
12or support of any candidate for political office. Nothing in
13this Section shall preclude the non member employee from making
14voluntary political contributions in conjunction with his or
15her fair share payment.
16    If a collective bargaining agreement that includes a fair
17share clause expires or continues in effect beyond its
18scheduled expiration date pending the negotiation of a
19successor agreement, then the employer shall continue to honor
20and abide by the fair share clause until a new agreement that
21includes a fair share clause is reached. Failure to honor and
22abide by the fair share clause for the benefit of any exclusive
23representative as set forth in this paragraph shall be a
24violation of the duty to bargain and an unfair labor practice.
25    Agreements containing a fair share agreement must
26safeguard the right of non-association of employees based upon

 

 

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1bonafide religious tenets or teaching of a church or religious
2body of which such employees are members. Such employees may be
3required to pay an amount equal to their proportionate share,
4determined under a proportionate share agreement, to a
5non-religious charitable organization mutually agreed upon by
6the employees affected and the exclusive representative to
7which such employees would otherwise pay such fee. If the
8affected employees and the exclusive representative are unable
9to reach an agreement on the matter, the Illinois Educational
10Labor Relations Board may establish an approved list of
11charitable organizations to which such payments may be made.
12    For collective bargaining agreements containing a fair
13share fee provision entered into before the effective date of
14this amendatory Act of the 100th General Assembly, the The
15Board shall by rule require that in cases where an employee
16files an objection to the amount of the fair share fee, the
17employer shall continue to deduct the employee's fair share fee
18from the employee's pay, but shall transmit the fee, or some
19portion thereof, to the Board for deposit in an escrow account
20maintained by the Board; provided, however, that if the
21exclusive representative maintains an escrow account for the
22purpose of holding fair share fees to which an employee has
23objected, the employer shall transmit the entire fair share fee
24to the exclusive representative, and the exclusive
25representative shall hold in escrow that portion of the fee
26that the employer would otherwise have been required to

 

 

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1transmit to the Board for escrow, provided that the escrow
2account maintained by the exclusive representative complies
3with rules to be promulgated by the Board within 30 days of the
4effective date of this amendatory Act of 1989 or that the
5collective bargaining agreement requiring the payment of the
6fair share fee contains an indemnification provision for the
7purpose of indemnifying the employer with respect to the
8employer's transmission of fair share fees to the exclusive
9representative.
10    (b) For collective bargaining agreements entered into,
11modified, extended, or amended on and after the effective date
12of this amendatory Act of the 100th General Assembly, employers
13shall not enter into collective bargaining agreements that
14provide for the payroll deduction of fair share payments.
15Employers shall not deduct fair share payments from any
16employee paychecks.
17(Source: P.A. 94-210, eff. 7-14-05.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.