State of Illinois
2017 and 2018


Introduced 2/10/2017, by Sen. Ira I. Silverstein


New Act

    Creates the Collective Bargaining Freedom Act. Provides that it is the policy of the State that employers, employees, and their labor organizations are free to bargain collectively. Provides that the authority to enact laws or rules that restrict the use of union security agreements between an employer and a labor organization vests exclusively with the General Assembly. Prohibits local governments from enforcing any such law or rule. Defines terms. Effective immediately.

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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Collective Bargaining Freedom Act.
6    Section 5. Purpose. It is the policy of the State of
7Illinois that employers, employees, and their labor
8organizations are free to negotiate collectively. It is also
9the policy of the State of Illinois that employers, employees,
10and their labor organizations may freely negotiate union
11security agreements including, but not limited to, those
12requiring membership in a labor organization as permitted under
1329 U.S.C. 158(a)(3). It is further the policy of the State of
14Illinois that no local government or political subdivision may
15create or enforce any local law, ordinance, regulation, rule,
16or the like that by design or application prohibits, restricts,
17tends to restrict, or regulates the use of union security
18agreements between a labor organization and an employer as
19permitted under 29 U.S.C. 158(a)(3).
20    Section 10. Definitions. In this Act:
21    "Employer" includes any person acting as an agent of an
22employer, directly or indirectly, but shall not include the



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1United States or any wholly owned government corporation, or
2any Federal Reserve Bank, or any State or political subdivision
3thereof, or any person subject to the Railway Labor Act, 45
4U.S.C. 151 et seq., as amended from time to time, or any labor
5organization (other than when acting as an employer), or anyone
6acting in the capacity of officer or agent of such labor
8    "Interested party" means a person with an interest in
9compliance with this Act.
10    "Labor organization" means any organization of any kind, or
11any agency or employee representation committee or plan, in
12which employees participate and which exists for the purpose,
13in whole or in part, of dealing with employers concerning
14grievances, labor disputes, wages, rates of pay, hours of
15employment, or conditions of work.
16    "Local government" and "political subdivision" include,
17but are not limited to, any county, city, town, township,
18village, municipality or subdivision thereof, airport
19authority, cemetery district, State college or university,
20community college, conservation district, drainage district,
21electric agency, exposition and auditorium, fire protection
22district, flood prevention district, forest preserve district,
23home equity program, hospital district, housing authority,
24joint action water agency, mass transit district, mosquito
25abatement district, multi-township assessment district, museum
26district, natural gas agency, park district, planning agency,



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1port district, public building commission, public health
2district, public library district, public water district,
3rescue squad district, river conservancy district, road and
4bridge district, road district, sanitary district, school
5district, soil and water conservation district, solid waste
6agency, special recreation, street lighting district, surface
7water district, transportation authority, water authority,
8water commission, water reclamation district, water service
9district, and any other district, agency, or political
10subdivision authorized to legislate or enact laws affecting
11their respective jurisdiction, notwithstanding such local
12government or political subdivision's authority to exercise
13any power and perform any function pertaining to its government
14and affairs granted to it by the Illinois Constitution, a law,
15or otherwise.
16    Section 15. Authority to enact legislation affecting union
17security agreements.
18    (a) The authority to enact any legislation, law, ordinance,
19rule, regulation, or the like that by design or application
20prohibits, restricts, tends to restrict, or regulates in any
21manner the use of union security agreements between an employer
22and labor organization as authorized under 29 U.S.C. 158(a)(3)
23shall vest exclusively with the General Assembly.
24    (b) No local government or political subdivision is
25permitted to enact or enforce any local law, ordinance, rule,



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1regulation, or the like that by design or application
2prohibits, restricts, tends to restrict, or regulates the use
3of union security agreements between an employer and labor
4organization as authorized under 29 U.S.C. 158(a)(3).
5    (c) Nothing in this Act shall be construed as prohibiting
6the General Assembly from enacting legislation barring the
7execution or application of union security agreements as
8authorized under 29 U.S.C. 164(b).
9    Section 20. Private right of action. Any interested party
10aggrieved by a violation of this Act or any rule adopted under
11this Act by any local government or political subdivision as
12described in this Act may file suit in circuit court, in the
13county where the alleged violation occurred or where any person
14who is party to the action resides. Actions may be brought by
15one or more persons for and on behalf of themselves and other
16persons similarly situated.
17    Section 25. Violation and liability. Any officer,
18representative, director, elected official, or the like of any
19local government or political subdivision, or agent thereof who
20knowingly or willfully violates this Act, or who knowingly or
21willfully fails to comply with this Act, is guilty of a Class A
22misdemeanor. Any legislation, rule, law, ordinance, or
23otherwise that restricts or prohibits in any manner the use of
24union security agreements between an employer and labor



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1organization as authorized under 29 U.S.C. 158(a)(3) is a
2violation of this Act and shall be void.
3    Section 30. Savings Clause. If any Section, sentence,
4clause or part of this Act, is for any reason held to be
5unconstitutional, such decision shall not affect the remaining
6portions of this Act. The General Assembly hereby declares that
7it would have passed this Act, and each Section, sentence,
8clause, or part thereof, irrespective of the fact that one or
9more Sections, sentences, clauses, or parts might be declared
11    Section 99. Effective date. This Act takes effect upon
12becoming law.