Sen. Linda Holmes

Filed: 5/13/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1204

2    AMENDMENT NO. ______. Amend Senate Bill 1204 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 20 as follows:
 
6    (5 ILCS 315/20)  (from Ch. 48, par. 1620)
7    Sec. 20. Prohibitions.
8    (a) Nothing in this Act shall be construed to require an
9individual employee to render labor or service without his
10consent, nor shall anything in this Act be construed to make
11the quitting of his labor by an individual employee an illegal
12act; nor shall any court issue any process to compel the
13performance by an individual employee of such labor or
14service, without his consent; nor shall the good faith
15concerted cessation or suspension quitting of labor by an
16employee or employees in good faith because of abnormally

 

 

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1dangerous conditions for work at the place of employment of
2such employees employee be deemed a strike or an abandonment
3of employment under this Act.
4    (b) This Act shall not be applicable to units of local
5government employing less than 5 employees at the time the
6Petition for Certification or Representation is filed with the
7Board. This prohibition shall not apply to bargaining units in
8existence on the effective date of this Act and units of local
9government employing more than 5 employees where the total
10number of employees falls below 5 after the Board has
11certified a bargaining unit.
12(Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05;
1394-67, eff. 1-1-06.)
 
14    Section 10. The Illinois Educational Labor Relations Act
15is amended by changing Sections 3 and 13 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,
22including for health and safety reasons, or bargain
23collectively through representatives of their own free choice
24and, except as provided in Section 11, such employees shall

 

 

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

 

 

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1        lunch and other non-work breaks, and before and after
2        the workday, on the employer's premises to discuss
3        collective bargaining negotiations, the administration
4        of collective bargaining agreements, other matters
5        related to the duties of the exclusive representative,
6        and internal matters involving the governance or
7        business of the exclusive representative, without
8        charge to pay or leave time of employees or agents of
9        the exclusive representative;
10            (C) the right to meet with newly hired employees,
11        without charge to pay or leave time of the employees or
12        agents of the exclusive representative, on the
13        employer's premises or at a location mutually agreed
14        to by the employer and exclusive representative for up
15        to one hour either within the first two weeks of
16        employment in the bargaining unit or at a later date
17        and time if mutually agreed upon by the employer and
18        the exclusive representative; and
19            (D) the right to use the facility mailboxes and
20        bulletin boards of the employer to communicate with
21        bargaining unit employees regarding collective
22        bargaining negotiations, the administration of the
23        collective bargaining agreements, the investigation of
24        grievances, other workplace-related complaints and
25        issues, and internal matters involving the governance
26        or business of the exclusive representative.

 

 

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1        Nothing in this Section shall prohibit an employer and
2    exclusive representative from agreeing in a collective
3    bargaining agreement to provide the exclusive
4    representative greater access to bargaining unit
5    employees, including through the use of the employer's
6    email system.
7        (2) Information about employees includes, but is not
8    limited to, the following:
9            (A) within 10 calendar days from the beginning of
10        every school term and every 30 calendar days
11        thereafter in the school term, in an Excel file or
12        other editable digital file format agreed to by the
13        exclusive representative, the employee's name, job
14        title, worksite location, home address, work telephone
15        numbers, identification number if available, and any
16        home and personal cellular telephone numbers on file
17        with the employer, date of hire, work email address,
18        and any personal email address on file with the
19        employer; and
20            (B) unless otherwise mutually agreed upon, within
21        10 calendar days from the date of hire of a bargaining
22        unit employee, in an electronic file or other format
23        agreed to by the exclusive representative, the
24        employee's name, job title, worksite location, home
25        address, work telephone numbers, and any home and
26        personal cellular telephone numbers on file with the

 

 

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

 

 

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1    If an employer discloses information in violation of this
2subsection (d), an aggrieved employee of the employer or his
3or her exclusive bargaining representative may file an unfair
4labor practice charge with the Illinois Educational Labor
5Relations Board pursuant to Section 14 of this Act or commence
6an action in the circuit court to enforce the provisions of
7this Act, including actions to compel compliance, if an
8employer willfully and wantonly discloses information in
9violation of this subsection. The circuit court for the county
10in which the complainant resides, in which the complainant is
11employed, or in which the employer is located shall have
12jurisdiction in this matter.
13    This subsection does not apply to disclosures (i) required
14under the Freedom of Information Act, (ii) for purposes of
15conducting public operations or business, or (iii) to the
16exclusive representative.
17(Source: P.A. 101-620, eff. 12-20-19.)
 
18    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
19    Sec. 13. Strikes.
20    (a) Notwithstanding the existence of any other provision
21in this Act or other law, educational employees employed in
22school districts organized under Article 34 of the School Code
23shall not engage in a strike at any time during the 18 month
24period that commences on the effective date of this amendatory
25Act of 1995. An educational employee employed in a school

 

 

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1district organized under Article 34 of the School Code who
2participates in a strike in violation of this Section is
3subject to discipline by the employer. In addition, no
4educational employer organized under Article 34 of the School
5Code may pay or cause to be paid to an educational employee who
6participates in a strike in violation of this subsection any
7wages or other compensation for any period during which an
8educational employee participates in the strike, except for
9wages or compensation earned before participation in the
10strike. Notwithstanding the existence of any other provision
11in this Act or other law, during the 18-month period that
12strikes are prohibited under this subsection nothing in this
13subsection shall be construed to require an educational
14employer to submit to a binding dispute resolution process.
15    (b) Notwithstanding the existence of any other provision
16in this Act or any other law, educational employees other than
17those employed in a school district organized under Article 34
18of the School Code and, after the expiration of the 18 month
19period that commences on the effective date of this amendatory
20Act of 1995, educational employees in a school district
21organized under Article 34 of the School Code shall not engage
22in a strike except under the following conditions:
23        (1) they are represented by an exclusive bargaining
24    representative;
25        (2) mediation has been used without success and, for
26    educational employers and exclusive bargaining

 

 

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1    representatives to which subsection (a-5) of Section 12 of
2    this Act applies, at least 14 days have elapsed after the
3    Board has made public the parties' offers;
4        (2.5) if fact-finding was invoked pursuant to
5    subsection (a-10) of Section 12 of this Act, at least 30
6    days have elapsed after a fact-finding report has been
7    released for public information;
8        (2.10) for educational employees employed in a school
9    district organized under Article 34 of the School Code, at
10    least three-fourths of all bargaining unit employees who
11    are members of the exclusive bargaining representative
12    have affirmatively voted to authorize the strike;
13    provided, however, that all members of the exclusive
14    bargaining representative at the time of a strike
15    authorization vote shall be eligible to vote;
16        (3) at least 10 days have elapsed after a notice of
17    intent to strike has been given by the exclusive
18    bargaining representative to the educational employer, the
19    regional superintendent and the Illinois Educational Labor
20    Relations Board;
21        (4) the collective bargaining agreement between the
22    educational employer and educational employees, if any,
23    has expired or been terminated; and
24        (5) the employer and the exclusive bargaining
25    representative have not mutually submitted the unresolved
26    issues to arbitration.

 

 

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1    If, however, in the opinion of an employer the strike is or
2has become a clear and present danger to the health or safety
3of the public, the employer may initiate in the circuit court
4of the county in which such danger exists an action for relief
5which may include, but is not limited to, injunction. The
6court may grant appropriate relief upon the finding that such
7clear and present danger exists. An unfair practice or other
8evidence of lack of clean hands by the educational employer is
9a defense to such action. Except as provided for in this
10paragraph, the jurisdiction of the court under this Section is
11limited by the Labor Dispute Act.
12    (c) If, in the opinion of the exclusive bargaining
13representative, the health and safety of educational employees
14is threatened because of abnormally dangerous conditions at
15the place of employment of such employees, the good faith
16concerted cessation or suspension of labor shall not be deemed
17a strike or an abandonment of employment under this Act.
18(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
19eff. 1-1-14.)".