SB1784 EnrolledLRB101 11042 RJF 56246 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 Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a local
21    emergency energy plan ordinance that is adopted under
22    Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

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1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the Capital
15    Crimes Litigation Act. This subsection (n) shall apply
16    until the conclusion of the trial of the case, even if the
17    prosecution chooses not to pursue the death penalty prior
18    to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Regional Transportation Authority under Section 2.11 of
26    the Regional Transportation Authority Act or the St. Clair

 

 

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1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Records Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained in,
11    stored in, submitted to, transferred by, or released from
12    the Illinois Health Information Exchange, and identified
13    or deidentified health information in the form of health
14    data and medical records of the Illinois Health Information
15    Exchange in the possession of the Illinois Health
16    Information Exchange Authority due to its administration
17    of the Illinois Health Information Exchange. The terms
18    "identified" and "deidentified" shall be given the same
19    meaning as in the Health Insurance Portability and
20    Accountability Act of 1996, Public Law 104-191, or any
21    subsequent amendments thereto, and any regulations
22    promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) Information which is exempted from disclosure
22    under Section 2505-800 of the Department of Revenue Law of
23    the Civil Administrative Code of Illinois.
24        (jj) Information and reports that are required to be
25    submitted to the Department of Labor by registering day and
26    temporary labor service agencies but are exempt from

 

 

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1    disclosure under subsection (a-1) of Section 45 of the Day
2    and Temporary Labor Services Act.
3        (kk) Information prohibited from disclosure under the
4    Seizure and Forfeiture Reporting Act.
5        (ll) Information the disclosure of which is restricted
6    and exempted under Section 5-30.8 of the Illinois Public
7    Aid Code.
8        (mm) (ll) Records that are exempt from disclosure under
9    Section 4.2 of the Crime Victims Compensation Act.
10        (nn) (ll) Information that is exempt from disclosure
11    under Section 70 of the Higher Education Student Assistance
12    Act.
13        (oo) Information prohibited from being disclosed under
14    the Illinois Educational Labor Relations Act.
15        (pp) Information prohibited from being disclosed under
16    the Illinois Public Labor Relations Act.
17        (qq) Information prohibited from being disclosed under
18    Section 1-167 of the Illinois Pension Code.
19(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
20eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2199-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
22100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
238-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
24eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
25100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
2610-12-18.)
 

 

 

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1    Section 10. The Illinois Public Labor Relations Act is
2amended by changing Sections 6 and 10 and by adding Section 6.5
3as follows:
 
4    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
5    Sec. 6. Right to organize and bargain collectively;
6exclusive representation; and fair share arrangements.
7    (a) Employees of the State and any political subdivision of
8the State, excluding employees of the General Assembly of the
9State of Illinois and employees excluded from the definition of
10"public employee" under subsection (n) of Section 3 of this
11Act, have, and are protected in the exercise of, the right of
12self-organization, and may form, join or assist any labor
13organization, to bargain collectively through representatives
14of their own choosing on questions of wages, hours and other
15conditions of employment, not excluded by Section 4 of this
16Act, and to engage in other concerted activities not otherwise
17prohibited by law for the purposes of collective bargaining or
18other mutual aid or protection, free from interference,
19restraint or coercion. Employees also have, and are protected
20in the exercise of, the right to refrain from participating in
21any such concerted activities. Employees may be required,
22pursuant to the terms of a lawful fair share agreement, to pay
23a fee which shall be their proportionate share of the costs of
24the collective bargaining process, contract administration and

 

 

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

 

 

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1representation purposes and shall not disclose any information
2contained in the list for any other purpose. Nothing in this
3Section, however, shall prohibit a bargaining representative
4from disseminating a list of its union members.
5    At the time the public employer provides such list, it
6shall also provide to the exclusive representative, in an Excel
7file or other mutually agreed upon editable digital file
8format, the employee's job title, worksite location, work
9telephone numbers, identification number if available, and any
10home and personal cellular telephone numbers on file with the
11employer, date of hire, work email address, and any personal
12email address on file with the employer. In addition, unless
13otherwise mutually agreed, within 10 calendar days from the
14date of hire of a bargaining unit employee, the public employer
15shall provide to the exclusive representative, in an electronic
16file or other mutually agreed upon format, the following
17information about the new employee: the employee's name, job
18title, worksite location, home address, work telephone
19numbers, and any home and personal cellular telephone numbers
20on file with the employer, date of hire, work email address,
21and any personal email address on file with the employer.
22    (c-5) No employer shall disclose the following information
23of any employee: (1) the employee's home address (including ZIP
24code and county); (2) the employee's date of birth; (3) the
25employee's home and personal phone number; (4) the employee's
26personal email address; (5) any information personally

 

 

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1identifying employee membership or membership status in a labor
2organization or other voluntary association affiliated with a
3labor organization or a labor federation (including whether
4employees are members of such organization, the identity of
5such organization, whether or not employees pay or authorize
6the payment of any dues or moneys to such organization, and the
7amounts of such dues or moneys); and (6) emails or other
8communications between a labor organization and its members.
9    As soon as practicable after receiving a request for any
10information prohibited from disclosure under this subsection
11(c-5), excluding a request from the exclusive bargaining
12representative of the employee, the employer must provide a
13written copy of the request, or a written summary of any oral
14request, to the exclusive bargaining representative of the
15employee or, if no such representative exists, to the employee.
16The employer must also provide a copy of any response it has
17made within 5 business days of sending the response to any
18request.
19    If an employer discloses information in violation of this
20subsection (c-5), an aggrieved employee of the employer or his
21or her exclusive bargaining representative may file an unfair
22labor practice charge with the Illinois Labor Relations Board
23pursuant to Section 10 of this Act or commence an action in the
24circuit court to enforce the provisions of this Act, including
25actions to compel compliance, if an employer willfully and
26wantonly discloses information in violation of this

 

 

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1subsection. The circuit court for the county in which the
2complainant resides, in which the complainant is employed, or
3in which the employer is located shall have jurisdiction in
4this matter.
5    This subsection does not apply to disclosures (i) required
6under the Freedom of Information Act, (ii) for purposes of
7conducting public operations or business, or (iii) to the
8exclusive representative.
9    (c-10) Employers shall provide to exclusive
10representatives, including their agents and employees,
11reasonable access to employees in the bargaining units they
12represent. This access shall at all times be conducted in a
13manner so as not to impede normal operations.
14        (1) Access includes the following:
15            (A) the right to meet with one or more employees on
16        the employer's premises during the work day to
17        investigate and discuss grievances and
18        workplace-related complaints without charge to pay or
19        leave time of employees or agents of the exclusive
20        representative;
21            (B) the right to conduct worksite meetings during
22        lunch and other non-work breaks, and before and after
23        the workday, on the employer's premises to discuss
24        collective bargaining negotiations, the administration
25        of collective bargaining agreements, other matters
26        related to the duties of the exclusive representative,

 

 

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1        and internal matters involving the governance or
2        business of the exclusive representative, without
3        charge to pay or leave time of employees or agents of
4        the exclusive representative;
5            (C) the right to meet with newly hired employees,
6        without charge to pay or leave time of the employees or
7        agents of the exclusive representative, on the
8        employer's premises or at a location mutually agreed to
9        by the employer and exclusive representative for up to
10        one hour either within the first two weeks of
11        employment in the bargaining unit or at a later date
12        and time if mutually agreed upon by the employer and
13        the exclusive representative; and
14            (D) the right to use the facility mailboxes and
15        bulletin boards of the employer to communicate with
16        bargaining unit employees regarding collective
17        bargaining negotiations, the administration of the
18        collective bargaining agreements, the investigation of
19        grievances, other workplace-related complaints and
20        issues, and internal matters involving the governance
21        or business of the exclusive representative.
22        (2) Nothing in this Section shall prohibit an employer
23    and exclusive representative from agreeing in a collective
24    bargaining agreement to provide the exclusive
25    representative greater access to bargaining unit
26    employees, including through the use of the employer's

 

 

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

 

 

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1organization dues, fair share payment, initiation fees, and
2assessments, and other payments for a labor organization that
3is the exclusive representative. Such Except as provided in
4subsection (e) of this Section, any such deductions shall only
5be made in accordance with the terms of upon an employee's
6written authorization, and continued until revoked in writing
7in the same manner or until the termination date of an
8applicable collective bargaining agreement. Such payments
9shall be paid to the exclusive representative. Written
10authorization may be evidenced by electronic communications,
11and such writing or communication may be evidenced by the
12electronic signature of the employee as provided under Section
135-120 of the Electronic Commerce Security Act.
14    There is no impediment to an employee's right to resign
15union membership at any time. However, notwithstanding any
16other provision of law to the contrary regarding authorization
17and deduction of dues or other payments to a labor
18organization, the exclusive representative and a public
19employee may agree to reasonable limits on the right of the
20employee to revoke such authorization, including a period of
21irrevocability that exceeds one year. An authorization that is
22irrevocable for one year, which may be automatically renewed
23for successive annual periods in accordance with the terms of
24the authorization, and that contains at least an annual 10-day
25period of time during which the employee may revoke the
26authorization, shall be deemed reasonable.

 

 

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1    This Section shall apply to all claims that allege that a
2labor organization or a public employer has improperly deducted
3or collected dues from an employee without regard to whether
4the claims or the facts upon which they are based occurred
5before, on, or after the effective date of this amendatory Act
6of the 101st General Assembly and shall apply retroactively to
7the maximum extent permitted by law.
8    (f-5) Where a collective bargaining agreement is
9terminated, or continues in effect beyond its scheduled
10expiration date pending the negotiation of a successor
11agreement or the resolution of an impasse under Section 14, the
12employer shall continue to honor and abide by any dues
13deduction or fair share clause contained therein until a new
14agreement is reached including dues deduction or a fair share
15clause. For the benefit of any successor exclusive
16representative certified under this Act, this provision shall
17be applicable, provided the successor exclusive
18representative:
19        (i) certifies to the employer the amount constituting
20    each non-member's proportionate share under subsection
21    (e); or
22        (ii) presents the employer with employee written
23    authorizations for the deduction of dues, assessments, and
24    fees under this subsection.
25    Failure to so honor and abide by dues deduction or fair
26share clauses for the benefit of any exclusive representative,

 

 

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1including a successor, shall be a violation of the duty to
2bargain and an unfair labor practice.
3    (f-10) Upon receiving written notice of authorization, the
4public employer must commence dues deductions as soon as
5practicable, but in no case later than 30 days after receiving
6notice from the labor organization. Employee deductions shall
7be transmitted to the labor organization no later than 30 days
8after they are deducted unless a shorter period is mutually
9agreed to.
10    (f-15) Deductions shall remain in effect until:
11        (1) the public employer receives notice that a public
12    employee has revoked their authorization in writing in
13    accordance with the terms of the authorization; or
14        (2) the individual employee is no longer employed by
15    the public employer in a bargaining unit position
16    represented by the same exclusive representative, provided
17    that if the employee is, within a period of one year,
18    employed by the same public employer in a position
19    represented by the same labor organization, the right to
20    dues deduction shall be automatically reinstated.
21    Nothing in this subsection prevents an employee from
22continuing to authorize payroll deductions when no longer
23represented by the exclusive representative that would receive
24such deduction.
25    Should the individual employee who has signed a dues
26deduction authorization card either be removed from a public

 

 

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1employer's payroll or otherwise placed on any type of
2involuntary or voluntary leave of absence, whether paid or
3unpaid, the public employee's dues deduction shall be continued
4upon that public employee's return to the payroll in a
5bargaining unit position represented by the same exclusive
6representative or restoration to active duty from such a leave
7of absence.
8    (f-20) Unless otherwise mutually agreed by the public
9employer and the exclusive representative, employee requests
10to authorize, revoke, cancel, or change authorizations for
11payroll deductions for labor organizations shall be directed to
12the labor organization rather than to the public employer. The
13labor organization shall be responsible for initially
14processing and notifying the public employer of proper requests
15or providing proper requests to the employer. If the requests
16are not provided to the public employer, the employer shall
17rely on information provided by the labor organization
18regarding whether deductions for a labor organization were
19properly authorized, revoked, canceled, or changed, and the
20labor organization shall indemnify the public employer for any
21damages and reasonable costs incurred for any claims made by
22employees for deductions made in good faith reliance on that
23information.
24    (f-25) Upon receipt by the exclusive representative of an
25appropriate written authorization from an employee, written
26notice of authorization shall be provided to the employer and

 

 

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1any authorized deductions shall be made in accordance with law.
2The labor organization shall indemnify the public employer for
3any damages and reasonable costs incurred for any claims made
4by employees for deductions made in good faith reliance on its
5notification.
6    (f-30) The failure of an employer to comply with the
7provisions of this Section shall be a violation of the duty to
8bargain and an unfair labor practice. Relief for the violation
9shall be reimbursement by the public employer of dues that
10should have been deducted or paid based on a valid
11authorization given by the employee or employees. In addition,
12the provisions of a collective bargaining agreement that
13contain the obligations set forth in this Section may be
14enforced in accordance with Sections 8 and 16.
15    (f-35) The Illinois Labor Relations Board shall have
16exclusive jurisdiction over claims under Illinois law that
17allege that a labor organization has unlawfully collected dues
18from a public employee in violation of this Act. The Board
19shall by rule require that in cases in which a public employee
20alleges that a labor organization has unlawfully collected
21dues, the public employer shall continue to deduct the
22employee's dues from the employee's pay, but shall transmit the
23dues to the Board for deposit in an escrow account maintained
24by the Board. If the exclusive representative maintains an
25escrow account for the purpose of holding dues to which an
26employee has objected, the employer shall transmit the entire

 

 

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1amount of dues to the exclusive representative, and the
2exclusive representative shall hold in escrow the dues that the
3employer would otherwise have been required to transmit to the
4Board for escrow; provided that the escrow account maintained
5by the exclusive representative complies with rules adopted by
6the Board or that the collective bargaining agreement requiring
7the payment of the dues contains an indemnification provision
8for the purpose of indemnifying the employer with respect to
9the employer's transmission of dues to the exclusive
10representative.
11    (f-40) If any clause, sentence, paragraph, or subparagraph
12of this Section shall be adjudged by a court of competent
13jurisdiction to be unconstitutional or otherwise invalid, that
14judgment shall not affect, impair, or invalidate the remainder
15thereof, but shall be confined in its operation to the clause,
16sentence, paragraph, or subparagraph of this Section directly
17involved in the controversy in which that judgment shall have
18been rendered.
19    If any clause, sentence, paragraph, or part of a signed
20authorization for payroll deductions shall be adjudged by a
21court of competent jurisdiction to be unconstitutional or
22otherwise invalid, that judgment shall not affect, impair, or
23invalidate the remainder of the signed authorization, but shall
24be confined in its operation to the clause, sentence,
25paragraph, or part of the signed authorization directly
26involved in the controversy in which that judgment shall have

 

 

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1been rendered.
2    (g) Agreements containing a fair share agreement must
3safeguard the right of nonassociation of employees based upon
4bona fide religious tenets or teachings of a church or
5religious body of which such employees are members. Such
6employees may be required to pay an amount equal to their fair
7share, determined under a lawful fair share agreement, to a
8nonreligious charitable organization mutually agreed upon by
9the employees affected and the exclusive bargaining
10representative to which such employees would otherwise pay such
11service fee. If the affected employees and the bargaining
12representative are unable to reach an agreement on the matter,
13the Board may establish an approved list of charitable
14organizations to which such payments may be made.
15(Source: P.A. 97-1172, eff. 4-5-13.)
 
16    (5 ILCS 315/6.5 new)
17    Sec. 6.5. Defense to liability.
18    (a) The General Assembly declares that public employees who
19paid agency or fair share fees as a condition of public
20employment in accordance with State laws and United States
21Supreme Court precedent prior to June 27, 2018 had no
22legitimate expectation of receiving that money back under any
23then available cause of action. Public employers and labor
24organizations who relied on State law and Supreme Court
25precedent in deducting and accepting those fees were not liable

 

 

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1to refund them. Agency or fair share fees were paid for
2collective bargaining representation that employee
3organizations were obligated by State law to provide to
4employees. Additionally, it should be presumed that employees
5who signed written membership or dues authorization agreements
6prior to this time knew and freely accepted the contractual
7obligations set forth in those agreements. Application of this
8Section to claims pending on the effective date of this
9amendatory Act of the 101st General Assembly will preserve,
10rather than interfere with, important reliance interests. This
11Section is therefore necessary to provide certainty to public
12employers and labor organizations that relied on State law and
13to avoid disruption of public employee labor relations after
14the United States Supreme Court's decision in Janus v. AFSCME
15Council 31, 138 S. Ct. 2448 (2018).
16    (b) No public employer or labor organization, or any of its
17employees or agents, shall be liable for, and they shall have a
18complete defense to, any claims or actions under the laws of
19this State for requiring, deducting, receiving, or retaining
20dues, agency fees, or fair share fees from public employees,
21and current or former public employees shall not have standing
22to pursue these claims or actions if the dues or fees were
23permitted under the laws of this State then in force and paid,
24through payroll deduction or otherwise, prior to June 27, 2018.
25    (c) This Section shall apply to claims and actions pending
26on the effective date of this amendatory Act of the 101st

 

 

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1General Assembly, as well to claims and actions on or after
2that date.
3    (d) This Section is a declaration of existing law and shall
4not be construed as a new enactment.
 
5    (5 ILCS 315/10)  (from Ch. 48, par. 1610)
6    Sec. 10. Unfair labor practices.
7    (a) It shall be an unfair labor practice for an employer or
8its agents:
9        (1) to interfere with, restrain or coerce public
10    employees in the exercise of the rights guaranteed in this
11    Act or to dominate or interfere with the formation,
12    existence or administration of any labor organization or
13    contribute financial or other support to it; provided, an
14    employer shall not be prohibited from permitting employees
15    to confer with him during working hours without loss of
16    time or pay;
17        (2) to discriminate in regard to hire or tenure of
18    employment or any term or condition of employment in order
19    to encourage or discourage membership in or other support
20    for any labor organization. Nothing in this Act or any
21    other law precludes a public employer from making an
22    agreement with a labor organization to require as a
23    condition of employment the payment of a fair share under
24    paragraph (e) of Section 6;
25        (3) to discharge or otherwise discriminate against a

 

 

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1    public employee because he has signed or filed an
2    affidavit, petition or charge or provided any information
3    or testimony under this Act;
4        (4) to refuse to bargain collectively in good faith
5    with a labor organization which is the exclusive
6    representative of public employees in an appropriate unit,
7    including, but not limited to, the discussing of grievances
8    with the exclusive representative;
9        (5) to violate any of the rules and regulations
10    established by the Board with jurisdiction over them
11    relating to the conduct of representation elections or the
12    conduct affecting the representation elections;
13        (6) to expend or cause the expenditure of public funds
14    to any external agent, individual, firm, agency,
15    partnership or association in any attempt to influence the
16    outcome of representational elections held pursuant to
17    Section 9 of this Act; provided, that nothing in this
18    subsection shall be construed to limit an employer's right
19    to internally communicate with its employees as provided in
20    subsection (c) of this Section, to be represented on any
21    matter pertaining to unit determinations, unfair labor
22    practice charges or pre-election conferences in any formal
23    or informal proceeding before the Board, or to seek or
24    obtain advice from legal counsel. Nothing in this paragraph
25    shall be construed to prohibit an employer from expending
26    or causing the expenditure of public funds on, or seeking

 

 

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1    or obtaining services or advice from, any organization,
2    group, or association established by and including public
3    or educational employers, whether covered by this Act, the
4    Illinois Educational Labor Relations Act or the public
5    employment labor relations law of any other state or the
6    federal government, provided that such services or advice
7    are generally available to the membership of the
8    organization, group or association, and are not offered
9    solely in an attempt to influence the outcome of a
10    particular representational election; or
11        (7) to refuse to reduce a collective bargaining
12    agreement to writing or to refuse to sign such agreement; .
13        (8) to interfere with, restrain, coerce, deter, or
14    discourage public employees or applicants to be public
15    employees from: (i) becoming or remaining members of a
16    labor organization; (ii) authorizing representation by a
17    labor organization; or (iii) authorizing dues or fee
18    deductions to a labor organization, nor shall the employer
19    intentionally permit outside third parties to use its email
20    or other communication systems to engage in that conduct.
21    An employer's good faith implementation of a policy to
22    block the use of its email or other communication systems
23    for such purposes shall be a defense to an unfair labor
24    practice; or
25        (9) to disclose to any person or entity information set
26    forth in subsection (c-5) of Section 6 of this Act that the

 

 

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1    employer knows or should know will be used to interfere
2    with, restrain, coerce, deter, or discourage any public
3    employee from: (i) becoming or remaining members of a labor
4    organization, (ii) authorizing representation by a labor
5    organization, or (iii) authorizing dues or fee deductions
6    to a labor organization.
7    (b) It shall be an unfair labor practice for a labor
8organization or its agents:
9        (1) to restrain or coerce public employees in the
10    exercise of the rights guaranteed in this Act, provided,
11    (i) that this paragraph shall not impair the right of a
12    labor organization to prescribe its own rules with respect
13    to the acquisition or retention of membership therein or
14    the determination of fair share payments and (ii) that a
15    labor organization or its agents shall commit an unfair
16    labor practice under this paragraph in duty of fair
17    representation cases only by intentional misconduct in
18    representing employees under this Act;
19        (2) to restrain or coerce a public employer in the
20    selection of his representatives for the purposes of
21    collective bargaining or the settlement of grievances; or
22        (3) to cause, or attempt to cause, an employer to
23    discriminate against an employee in violation of
24    subsection (a)(2);
25        (4) to refuse to bargain collectively in good faith
26    with a public employer, if it has been designated in

 

 

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1    accordance with the provisions of this Act as the exclusive
2    representative of public employees in an appropriate unit;
3        (5) to violate any of the rules and regulations
4    established by the boards with jurisdiction over them
5    relating to the conduct of representation elections or the
6    conduct affecting the representation elections;
7        (6) to discriminate against any employee because he has
8    signed or filed an affidavit, petition or charge or
9    provided any information or testimony under this Act;
10        (7) to picket or cause to be picketed, or threaten to
11    picket or cause to be picketed, any public employer where
12    an object thereof is forcing or requiring an employer to
13    recognize or bargain with a labor organization of the
14    representative of its employees, or forcing or requiring
15    the employees of an employer to accept or select such labor
16    organization as their collective bargaining
17    representative, unless such labor organization is
18    currently certified as the representative of such
19    employees:
20            (A) where the employer has lawfully recognized in
21        accordance with this Act any labor organization and a
22        question concerning representation may not
23        appropriately be raised under Section 9 of this Act;
24            (B) where within the preceding 12 months a valid
25        election under Section 9 of this Act has been
26        conducted; or

 

 

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1            (C) where such picketing has been conducted
2        without a petition under Section 9 being filed within a
3        reasonable period of time not to exceed 30 days from
4        the commencement of such picketing; provided that when
5        such a petition has been filed the Board shall
6        forthwith, without regard to the provisions of
7        subsection (a) of Section 9 or the absence of a showing
8        of a substantial interest on the part of the labor
9        organization, direct an election in such unit as the
10        Board finds to be appropriate and shall certify the
11        results thereof; provided further, that nothing in
12        this subparagraph shall be construed to prohibit any
13        picketing or other publicity for the purpose of
14        truthfully advising the public that an employer does
15        not employ members of, or have a contract with, a labor
16        organization unless an effect of such picketing is to
17        induce any individual employed by any other person in
18        the course of his employment, not to pick up, deliver,
19        or transport any goods or not to perform any services;
20        or
21        (8) to refuse to reduce a collective bargaining
22    agreement to writing or to refuse to sign such agreement.
23    (c) The expressing of any views, argument, or opinion or
24the dissemination thereof, whether in written, printed,
25graphic, or visual form, shall not constitute or be evidence of
26an unfair labor practice under any of the provisions of this

 

 

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1Act, if such expression contains no threat of reprisal or force
2or promise of benefit.
3    (d) The employer shall not discourage public employees or
4applicants to be public employees from becoming or remaining
5union members or authorizing dues deductions, and shall not
6otherwise interfere with the relationship between employees
7and their exclusive bargaining representative. The employer
8shall refer all inquiries about union membership to the
9exclusive bargaining representative, except that the employer
10may communicate with employees regarding payroll processes and
11procedures. The employer will establish email policies in an
12effort to prohibit the use of its email system by outside
13sources.
14(Source: P.A. 86-412; 87-736.)
 
15    Section 15. The State Comptroller Act is amended by
16changing Section 20 as follows:
 
17    (15 ILCS 405/20)  (from Ch. 15, par. 220)
18    Sec. 20. Annual report. The Comptroller shall annually, as
19soon as possible after the close of the fiscal year but no
20later than December 31, make out and present to the Governor,
21the President of the Senate, the Speaker of the House of
22Representatives, the Minority Leader of the Senate, and the
23Minority Leader of the House of Representatives a report,
24showing the amount of warrants drawn on the treasury, on other

 

 

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1funds held by the State Treasurer and on any public funds held
2by State agencies, during the preceding fiscal year, and
3stating, particularly, on what account they were drawn, and if
4drawn on the contingent fund, to whom and for what they were
5issued. He or she shall, also, at the same time, report to the
6Governor, the President of the Senate, the Speaker of the House
7of Representatives, the Minority Leader of the Senate, and the
8Minority Leader of the House of Representatives the amount of
9money received into the treasury, into other funds held by the
10State Treasurer and into any other funds held by State agencies
11during the preceding fiscal year, and stating particularly, the
12source from which the same may be derived, and also a general
13account of all the business of his office during the preceding
14fiscal year. The report shall also summarize for the previous
15fiscal year the information required under Section 19.
16    Within 60 days after the expiration of each calendar year,
17the Comptroller shall compile, from records maintained and
18available in his office, a list of all persons including those
19employed in the Office of the Comptroller, who have been
20employed by the State during the past calendar year and paid
21from funds in the hands of the State Treasurer.
22    The list shall be arranged according to counties and shall
23state in alphabetical order the name of each employee, the
24address in the county in which he votes, except as specified
25below, the position, and the total salary paid to him or her
26during the past calendar year, rounded to the nearest hundred

 

 

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1dollar. For persons employed by the Department of Corrections,
2Department of Children and Family Services, Department of
3Juvenile Justice, Office of the State's Attorneys Appellate
4Prosecutor, and the Department of State Police, as well as
5their spouses, no address shall be listed. The list so compiled
6and arranged shall be kept on file in the office of the
7Comptroller and be open to inspection by the public at all
8times.
9    No person who utilizes the names obtained from this list
10for solicitation shall represent that such solicitation is
11authorized by any officer or agency of the State of Illinois.
12Violation of this provision is a Business Offense punishable by
13a fine not to exceed $3,000.
14(Source: P.A. 100-253, eff. 1-1-18.)
 
15    Section 20. The Illinois Pension Code is amended by adding
16Section 1-167 as follows:
 
17    (40 ILCS 5/1-167 new)
18    Sec. 1-167. Prohibited disclosures. No pension fund or
19retirement system subject to this Code shall disclose the
20following information of any members or participants of any
21pension fund or retirement system: (1) the individual's home
22address (including ZIP code and county); (2) the individual's
23date of birth; (3) the individual's home and personal phone
24number; (4) the individual's personal email address; (5)

 

 

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1personally identifying member or participant deduction
2information; or (6) any membership status in a labor
3organization or other voluntary association affiliated with a
4labor organization or labor federation (including whether
5participants are members of such organization, the identity of
6such organization, whether or not participants pay or authorize
7the payment of any dues or moneys to such organization, and the
8amounts of such dues or moneys).
9    This Section does not apply to disclosures (i) required
10under the Freedom of Information Act, (ii) for purposes of
11conducting public operations or business, or (iii) to a labor
12organization or other voluntary association affiliated with a
13labor organization or labor federation.
 
14    Section 25. The Illinois Fire Protection Training Act is
15amended by changing Section 8 as follows:
 
16    (50 ILCS 740/8)  (from Ch. 85, par. 538)
17    Sec. 8. Rules and minimum standards for schools. The Office
18shall adopt rules and minimum standards for such schools which
19shall include but not be limited to the following:
20        a. Minimum courses of study, resources, facilities,
21    apparatus, equipment, reference material, established
22    records and procedures as determined by the Office.
23        b. Minimum requirements for instructors.
24        c. Minimum basic training requirements, which a

 

 

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1    trainee must satisfactorily complete before being eligible
2    for permanent employment as a fire fighter in the fire
3    department of a participating local governmental agency.
4    Those requirements shall include training in first aid
5    (including cardiopulmonary resuscitation), and training in
6    the administration of opioid antagonists as defined in
7    paragraph (1) of subsection (e) of Section 5-23 of the
8    Substance Use Disorder Act, and training in the history of
9    the fire service labor movement using curriculum and
10    instructors provided by a statewide organization
11    representing professional union firefighters in Illinois.
12(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
 
13    Section 30. The Illinois Educational Labor Relations Act is
14amended by changing Sections 3 and 14 and by adding Sections
1511.1 and 11.2 as follows:
 
16    (115 ILCS 5/3)  (from Ch. 48, par. 1703)
17    Sec. 3. Employee rights; exclusive representative rights.
18    (a) It shall be lawful for educational employees to
19organize, form, join, or assist in employee organizations or
20engage in lawful concerted activities for the purpose of
21collective bargaining or other mutual aid and protection or
22bargain collectively through representatives of their own free
23choice and, except as provided in Section 11, such employees
24shall also have the right to refrain from any or all such

 

 

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1activities.
2    (b) Representatives selected by educational employees in a
3unit appropriate for collective bargaining purposes shall be
4the exclusive representative of all the employees in such unit
5to bargain on wages, hours, terms and conditions of employment.
6However, any individual employee or a group of employees may at
7any time present grievances to their employer and have them
8adjusted without the intervention of the bargaining
9representative as long as the adjustment is not inconsistent
10with the terms of a collective bargaining agreement then in
11effect, provided that the bargaining representative has been
12given an opportunity to be present at such adjustment.
13    (c) Employers shall provide to exclusive representatives,
14including their agents and employees, reasonable access to and
15information about employees in the bargaining units they
16represent. This access shall at all times be conducted in a
17manner so as not to impede normal operations.
18        (1) Access includes the following:
19            (A) the right to meet with one or more employees on
20        the employer's premises during the work day to
21        investigate and discuss grievances and
22        workplace-related complaints without charge to pay or
23        leave time of employees or agents of the exclusive
24        representative;
25            (B) the right to conduct worksite meetings during
26        lunch and other non-work breaks, and before and after

 

 

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1        the workday, on the employer's premises to discuss
2        collective bargaining negotiations, the administration
3        of collective bargaining agreements, other matters
4        related to the duties of the exclusive representative,
5        and internal matters involving the governance or
6        business of the exclusive representative, without
7        charge to pay or leave time of employees or agents of
8        the exclusive representative;
9            (C) the right to meet with newly hired employees,
10        without charge to pay or leave time of the employees or
11        agents of the exclusive representative, on the
12        employer's premises or at a location mutually agreed to
13        by the employer and exclusive representative for up to
14        one hour either within the first two weeks of
15        employment in the bargaining unit or at a later date
16        and time if mutually agreed upon by the employer and
17        the exclusive representative; and
18            (D) the right to use the facility mailboxes and
19        bulletin boards of the employer to communicate with
20        bargaining unit employees regarding collective
21        bargaining negotiations, the administration of the
22        collective bargaining agreements, the investigation of
23        grievances, other workplace-related complaints and
24        issues, and internal matters involving the governance
25        or business of the exclusive representative.
26        Nothing in this Section shall prohibit an employer and

 

 

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1    exclusive representative from agreeing in a collective
2    bargaining agreement to provide the exclusive
3    representative greater access to bargaining unit
4    employees, including through the use of the employer's
5    email system.
6        (2) Information about employees includes, but is not
7    limited to, the following:
8            (A) within 10 calendar days from the beginning of
9        every school term and every 30 calendar days thereafter
10        in the school term, in an Excel file or other editable
11        digital file format agreed to by the exclusive
12        representative, the employee's name, job title,
13        worksite location, home address, work telephone
14        numbers, identification number if available, and any
15        home and personal cellular telephone numbers on file
16        with the employer, date of hire, work email address,
17        and any personal email address on file with the
18        employer; and
19            (B) unless otherwise mutually agreed upon, within
20        10 calendar days from the date of hire of a bargaining
21        unit employee, in an electronic file or other format
22        agreed to by the exclusive representative, the
23        employee's name, job title, worksite location, home
24        address, work telephone numbers, and any home and
25        personal cellular telephone numbers on file with the
26        employer, date of hire, work email address, and any

 

 

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1        personal email address on file with the employer.
2    (d) No employer shall disclose the following information of
3any employee: (1) the employee's home address (including ZIP
4code and county); (2) the employee's date of birth; (3) the
5employee's home and personal phone number; (4) the employee's
6personal email address; (5) any information personally
7identifying employee membership or membership status in a labor
8organization or other voluntary association affiliated with a
9labor organization or a labor federation (including whether
10employees are members of such organization, the identity of
11such organization, whether or not employees pay or authorize
12the payment of any dues of moneys to such organization, and the
13amounts of such dues or moneys); and (6) emails or other
14communications between a labor organization and its members.
15    As soon as practicable after receiving a request for any
16information prohibited from disclosure under this subsection
17(d), excluding a request from the exclusive bargaining
18representative of the employee, the employer must provide a
19written copy of the request, or a written summary of any oral
20request, to the exclusive bargaining representative of the
21employee or, if no such representative exists, to the employee.
22The employer must also provide a copy of any response it has
23made within 5 business days of sending the response to any
24request.
25    If an employer discloses information in violation of this
26subsection (d), an aggrieved employee of the employer or his or

 

 

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1her exclusive bargaining representative may file an unfair
2labor practice charge with the Illinois Educational Labor
3Relations Board pursuant to Section 14 of this Act or commence
4an action in the circuit court to enforce the provisions of
5this Act, including actions to compel compliance, if an
6employer willfully and wantonly discloses information in
7violation of this subsection. The circuit court for the county
8in which the complainant resides, in which the complainant is
9employed, or in which the employer is located shall have
10jurisdiction in this matter.
11    This subsection does not apply to disclosures (i) required
12under the Freedom of Information Act, (ii) for purposes of
13conducting public operations or business, or (iii) to the
14exclusive representative.
15(Source: P.A. 83-1014.)
 
16    (115 ILCS 5/11.1 new)
17    Sec. 11.1. Dues collection.
18    (a) Employers shall make payroll deductions of employee
19organization dues, initiation fees, assessments, and other
20payments for an employee organization that is the exclusive
21representative. Such deductions shall be made in accordance
22with the terms of an employee's written authorization and shall
23be paid to the exclusive representative. Written authorization
24may be evidenced by electronic communications, and such writing
25or communication may be evidenced by the electronic signature

 

 

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1of the employee as provided under Section 5-120 of the
2Electronic Commerce Security Act.
3    There is no impediment to an employee's right to resign
4union membership at any time. However, notwithstanding any
5other provision of law to the contrary regarding authorization
6and deduction of dues or other payments to a labor
7organization, the exclusive representative and an educational
8employee may agree to reasonable limits on the right of the
9employee to revoke such authorization, including a period of
10irrevocability that exceeds one year. An authorization that is
11irrevocable for one year, which may be automatically renewed
12for successive annual periods in accordance with the terms of
13the authorization, and that contains at least an annual 10-day
14period of time during which the educational employee may revoke
15the authorization, shall be deemed reasonable. This Section
16shall apply to all claims that allege that an educational
17employer or employee organization has improperly deducted or
18collected dues from an employee without regard to whether the
19claims or the facts upon which they are based occurred before,
20on, or after the effective date of this amendatory Act of the
21101st General Assembly and shall apply retroactively to the
22maximum extent permitted by law.
23    (b) Upon receiving written notice of the authorization, the
24educational employer must commence dues deductions as soon as
25practicable, but in no case later than 30 days after receiving
26notice from the employee organization. Employee deductions

 

 

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1shall be transmitted to the employee organization no later than
210 days after they are deducted unless a shorter period is
3mutually agreed to.
4    (c) Deductions shall remain in effect until:
5        (1) the educational employer receives notice that an
6    educational employee has revoked his or her authorization
7    in writing in accordance with the terms of the
8    authorization; or
9        (2) the individual educational employee is no longer
10    employed by the educational employer in a bargaining unit
11    position represented by the same exclusive representative;
12    provided that if such employee is, within a period of one
13    year, employed by the same educational employer in a
14    position represented by the same employee organization,
15    the right to dues deduction shall be automatically
16    reinstated.
17    Nothing in this subsection prevents an employee from
18continuing to authorize payroll deductions when no longer
19represented by the exclusive representative that would receive
20those deductions.
21    Should the individual educational employee who has signed a
22dues deduction authorization card either be removed from an
23educational employer's payroll or otherwise placed on any type
24of involuntary or voluntary leave of absence, whether paid or
25unpaid, the employee's dues deduction shall be continued upon
26that employee's return to the payroll in a bargaining unit

 

 

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1position represented by the same exclusive representative or
2restoration to active duty from such a leave of absence.
3    (d) Unless otherwise mutually agreed by the educational
4employer and the exclusive representative, employee requests
5to authorize, revoke, cancel, or change authorizations for
6payroll deductions for employee organizations shall be
7directed to the employee organization rather than to the
8educational employer. The employee organization shall be
9responsible for initially processing and notifying the
10educational employer of proper requests or providing proper
11requests to the employer. If the requests are not provided to
12the educational employer, the employer shall rely on
13information provided by the employee organization regarding
14whether deductions for an employee organization were properly
15authorized, revoked, canceled, or changed, and the employee
16organization shall indemnify the educational employer for any
17damages and reasonable costs incurred for any claims made by
18educational employees for deductions made in good faith
19reliance on that information.
20    (e) Upon receipt by the exclusive representative of an
21appropriate written authorization from an individual
22educational employee, written notice of authorization shall be
23provided to the educational employer and any authorized
24deductions shall be made in accordance with law. The employee
25organization shall indemnify the educational employer for any
26damages and reasonable costs incurred for any claims made by an

 

 

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1educational employee for deductions made in good faith reliance
2on its notification.
3    (f) The failure of an educational employer to comply with
4the provisions of this Section shall be a violation of the duty
5to bargain and an unfair labor practice. Relief for the
6violation shall be reimbursement by the educational employer of
7dues that should have been deducted or paid based on a valid
8authorization given by the educational employee or employees.
9In addition, the provisions of a collective bargaining
10agreement that contain the obligations set forth in this
11Section may be enforced in accordance with Section 10.
12    (g) The Illinois Educational Labor Relations Board shall
13have exclusive jurisdiction over claims under Illinois law that
14allege an educational employer or employee organization has
15unlawfully deducted or collected dues from an educational
16employee in violation of this Act. The Board shall by rule
17require that in cases in which an educational employee alleges
18that an employee organization has unlawfully collected dues,
19the educational employer shall continue to deduct the
20employee's dues from the employee's pay, but shall transmit the
21dues to the Board for deposit in an escrow account maintained
22by the Board. If the exclusive representative maintains an
23escrow account for the purpose of holding dues to which an
24employee has objected, the employer shall transmit the entire
25amount of dues to the exclusive representative, and the
26exclusive representative shall hold in escrow the dues that the

 

 

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1employer would otherwise have been required to transmit to the
2Board for escrow; provided that the escrow account maintained
3by the exclusive representative complies with rules adopted by
4the Board or that the collective bargaining agreement requiring
5the payment of the dues contains an indemnification provision
6for the purpose of indemnifying the employer with respect to
7the employer's transmission of dues to the exclusive
8representative.
9    (h) If a collective bargaining agreement that includes a
10dues deduction clause expires or continues in effect beyond its
11scheduled expiration date pending the negotiation of a
12successor agreement, then the employer shall continue to honor
13and abide by the dues deduction clause until a new agreement
14that includes a dues deduction clause is reached. Failure to
15honor and abide by the dues deduction clause for the benefit of
16any exclusive representative as set forth in this subsection
17(h) shall be a violation of the duty to bargain and an unfair
18labor practice. For the benefit of any successor exclusive
19representative certified under this Act, this provision shall
20be applicable, provided the successor exclusive representative
21presents the employer with employee written authorizations or
22certifications from the exclusive representative for the
23deduction of dues, assessments, and fees under this subsection
24(h).
25    (i)(1) If any clause, sentence, paragraph, or subdivision
26of this Section shall be adjudged by a court of competent

 

 

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1jurisdiction to be unconstitutional or otherwise invalid, that
2judgment shall not affect, impair, or invalidate the remainder
3thereof, but shall be confined in its operation to the clause,
4sentence, paragraph, or subdivision of this Section directly
5involved in the controversy in which such judgment shall have
6been rendered.
7    (2) If any clause, sentence, paragraph, or part of a signed
8authorization for payroll deductions shall be adjudged by a
9court of competent jurisdiction to be unconstitutional or
10otherwise invalid, that judgment shall not affect, impair, or
11invalidate the remainder of the signed authorization, but shall
12be confined in its operation to the clause, sentence,
13paragraph, or part of the signed authorization directly
14involved in the controversy in which such judgment shall have
15been rendered.
 
16    (115 ILCS 5/11.2 new)
17    Sec. 11.2. Defense to liability.
18    (a) The General Assembly declares that educational
19employees who paid agency or fair share fees as a condition of
20employment in accordance with State laws and United States
21Supreme Court precedent prior to June 27, 2018 had no
22legitimate expectation of receiving that money back under any
23then available cause of action. Educational employers and
24employee organizations who relied on State law and United
25States Supreme Court precedent in deducting and accepting those

 

 

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1fees were not liable to refund them. Agency or fair share fees
2were paid for collective bargaining representation that
3employee organizations were obligated by State law to provide
4to employees. Additionally, it should be presumed that
5educational employees who signed written membership or dues
6authorization agreements prior to this time knew and freely
7accepted the contractual obligations set forth in those
8agreements. Application of this Section to claims pending on
9the effective date of this amendatory Act of the 101st General
10Assembly will preserve, rather than interfere with, important
11reliance interests. This Section is therefore necessary to
12provide certainty to educational employers and employee
13organizations that relied on State law and to avoid disruption
14of educational labor relations after the United States Supreme
15Court's decision in Janus v. AFSCME Council 31, 138 S. Ct. 2448
16(2018).
17    (b) No educational employer or employee organization or any
18of its employees or agents shall be liable for, and shall have
19a complete defense to, any claims or actions under the laws of
20this State for requiring, deducting, receiving, or retaining
21dues, agency fees, or fair share fees from educational
22employees, and current or former educational employees shall
23not have standing to pursue these claims or actions, if the
24dues or fees were permitted under the laws of this State then
25in force and paid, through payroll deduction or otherwise,
26prior to June 27, 2018.

 

 

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1    (c) This Section shall apply to claims and actions pending
2on the effective date of this amendatory Act of the 101st
3General Assembly, as well to claims and actions on or after
4that date.
5    (d) This Section is a declaration of existing law and shall
6not be construed as a new enactment.
 
7    (115 ILCS 5/14)  (from Ch. 48, par. 1714)
8    Sec. 14. Unfair labor practices.
9    (a) Educational employers, their agents or representatives
10are prohibited from:
11        (1) Interfering, restraining or coercing employees in
12    the exercise of the rights guaranteed under this Act.
13        (2) Dominating or interfering with the formation,
14    existence or administration of any employee organization.
15        (3) Discriminating in regard to hire or tenure of
16    employment or any term or condition of employment to
17    encourage or discourage membership in any employee
18    organization.
19        (4) Discharging or otherwise discriminating against an
20    employee because he or she has signed or filed an
21    affidavit, authorization card, petition or complaint or
22    given any information or testimony under this Act.
23        (5) Refusing to bargain collectively in good faith with
24    an employee representative which is the exclusive
25    representative of employees in an appropriate unit,

 

 

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1    including but not limited to the discussing of grievances
2    with the exclusive representative; provided, however, that
3    if an alleged unfair labor practice involves
4    interpretation or application of the terms of a collective
5    bargaining agreement and said agreement contains a
6    grievance and arbitration procedure, the Board may defer
7    the resolution of such dispute to the grievance and
8    arbitration procedure contained in said agreement.
9        (6) Refusing to reduce a collective bargaining
10    agreement to writing and signing such agreement.
11        (7) Violating any of the rules and regulations
12    promulgated by the Board regulating the conduct of
13    representation elections.
14        (8) Refusing to comply with the provisions of a binding
15    arbitration award.
16        (9) Expending or causing the expenditure of public
17    funds to any external agent, individual, firm, agency,
18    partnership or association in any attempt to influence the
19    outcome of representational elections held pursuant to
20    paragraph (c) of Section 7 of this Act; provided, that
21    nothing in this subsection shall be construed to limit an
22    employer's right to be represented on any matter pertaining
23    to unit determinations, unfair labor practice charges or
24    pre-election conferences in any formal or informal
25    proceeding before the Board, or to seek or obtain advice
26    from legal counsel. Nothing in this paragraph shall be

 

 

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1    construed to prohibit an employer from expending or causing
2    the expenditure of public funds on, or seeking or obtaining
3    services or advice from, any organization, group or
4    association established by, and including educational or
5    public employers, whether or not covered by this Act, the
6    Illinois Public Labor Relations Act or the public
7    employment labor relations law of any other state or the
8    federal government, provided that such services or advice
9    are generally available to the membership of the
10    organization, group, or association, and are not offered
11    solely in an attempt to influence the outcome of a
12    particular representational election.
13        (10) Interfering with, restraining, coercing,
14    deterring or discouraging educational employees or
15    applicants to be educational employees from: (1) becoming
16    members of an employee organization; (2) authorizing
17    representation by an employee organization; or (3)
18    authorizing dues or fee deductions to an employee
19    organization, nor shall the employer intentionally permit
20    outside third parties to use its email or other
21    communications systems to engage in that conduct. An
22    employer's good faith implementation of a policy to block
23    the use of its email or other communication systems for
24    such purposes shall be defense to an unfair labor practice.
25        (11) Disclosing to any person or entity information set
26    forth in subsection (d) of Section 3 of this Act that the

 

 

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1    employer knows or should know will be used to interfere
2    with, restrain, coerce, deter, or discourage any public
3    employee from: (i) becoming or remaining members of a labor
4    organization, (ii) authorizing representation by a labor
5    organization, or (iii) authorizing dues or fee deductions
6    to a labor organization.
7    (b) Employee organizations, their agents or
8representatives or educational employees are prohibited from:
9        (1) Restraining or coercing employees in the exercise
10    of the rights guaranteed under this Act, provided that a
11    labor organization or its agents shall commit an unfair
12    labor practice under this paragraph in duty of fair
13    representation cases only by intentional misconduct in
14    representing employees under this Act.
15        (2) Restraining or coercing an educational employer in
16    the selection of his representative for the purposes of
17    collective bargaining or the adjustment of grievances.
18        (3) Refusing to bargain collectively in good faith with
19    an educational employer, if they have been designated in
20    accordance with the provisions of this Act as the exclusive
21    representative of employees in an appropriate unit.
22        (4) Violating any of the rules and regulations
23    promulgated by the Board regulating the conduct of
24    representation elections.
25        (5) Refusing to reduce a collective bargaining
26    agreement to writing and signing such agreement.

 

 

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1        (6) Refusing to comply with the provisions of a binding
2    arbitration award.
3    (c) The expressing of any views, argument, opinion or the
4dissemination thereof, whether in written, printed, graphic or
5visual form, shall not constitute or be evidence of an unfair
6labor practice under any of the provisions of this Act, if such
7expression contains no threat of reprisal or force or promise
8of benefit.
9    (c-5) The employer shall not discourage public employees or
10applicants to be public employees from becoming or remaining
11union members or authorizing dues deductions, and shall not
12otherwise interfere with the relationship between employees
13and their exclusive bargaining representative. The employer
14shall refer all inquiries about union membership to the
15exclusive bargaining representative, except that the employer
16may communicate with employees regarding payroll processes and
17procedures. The employer will establish email policies in an
18effort to prohibit the use of its email system by outside
19sources.
20    (d) The actions of a Financial Oversight Panel created
21pursuant to Section 1A-8 of the School Code due to a district
22violating a financial plan shall not constitute or be evidence
23of an unfair labor practice under any of the provisions of this
24Act. Such actions include, but are not limited to, reviewing,
25approving, or rejecting a school district budget or a
26collective bargaining agreement.

 

 

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1(Source: P.A. 89-572, eff. 7-30-96.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.