HB2071eng 95TH GENERAL ASSEMBLY

HB2071 Engrossed LRB095 01545 MJR 21547 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Utilities Act is amended by adding Section 16-128.1 as follows:

(220 ILCS 5/16-128.1 new)

Sec. 16-128.1. Electric utility employees; labor displacement or reductions.

(a) The General Assembly finds the following:

(1) Since the enactment of the Electric Service Customer Choice and Rate Relief Law of 1997, Illinois' electric utilities have reduced their in-house workforce between 20% and 40% through workforce reductions, attrition, and terminations.

(2) The reductions have resulted in the electric utilities not maintaining adequate staffing levels to provide safe and reliable electric service to retail customers.

(3) It is necessary to prevent additional staffing level reductions in order to protect system reliability and the health and safety of electric utility employees, retail customers, and the public.

(b) For purposes of this Section, "labor displacement or reduction" means any decrease in the staffing levels for one or more job classifications, including, but not limited to, layoffs, attrition, voluntary severance, and termination.

(c) No electric utility shall be allowed to engage in any labor displacement or reductions below the staffing levels for each job classification in existence on January 1, 2007, unless the electric utility submits a petition to the Commission that sets forth the requested labor displacement or reductions and obtains approval from the Commission in a contested proceeding. The electric utility shall bear the burden of proof and must demonstrate to the Commission based upon clear and convincing evidence that the staffing reductions will not in any manner disrupt or impair the ability of the electric utility to provide safe and reliable electric service that protects and promotes the safety, health, comfort, and convenience of its patrons, employees, and the public.

(d) Nothing in this Section shall prevent a labor displacement or reduction due to attrition so long as the electric utility fills the vacancy or vacancies within a reasonable period of time, which in no case shall be greater than 6 months. Nothing in this Section shall prohibit an electric utility from terminating an employee pursuant to the terms of a collective bargaining agreement or other agreement with employees or employee representatives provided that the electric utility shall fill the vacancy or vacancies within a reasonable period of time, which in no case shall be greater than 6 months.

(e) The employees of an electric utility, including the collective bargaining representative or representatives of the employees, shall have an independent statutory cause of action under State law to file a complaint against an electric utility in circuit court for alleged violations of this Section.

The employees of an electric utility, including the collective bargaining representative or representatives of such employees, may file a complaint in the circuit court of Cook, Sangamon, or Madison County or any other circuit court in order to prevent or stop the violation of this Section either by mandamus or injunction. The circuit court shall specify a time, not exceeding 21 days after the service of the copy of the complaint for mandamus or injunction for the filing of any answer, and in the meantime the named defendant shall be restrained from continuing an alleged violation pending a hearing before the court. In the event of default, or after answer, the circuit court shall immediately inquire into the facts and circumstances of the case and enter an appropriate order with respect to the matters in the complaint. An appeal may be taken from the final judgment in the same manner and with the same effect as appeals are taken from judgments of the circuit court in other actions for mandamus or injunction.

Nothing in this subsection (e) shall limit the rights of employees of an electric utility, including the collective bargaining representative or representatives of such employees, to file a complaint against the electric utility with the Commission for alleged violations of this Section.

(f) In any case in which an employee of an electric utility, including the collective bargaining representative or representatives of such employees, demonstrates that an electric utility has violated or is about to violate this Section, the circuit court shall permanently restrain or order the defendant or defendants from continuing the alleged violation and award the party bringing the action the reasonable expenses of the litigation, including all reasonable attorney's fees.

Section 99. Effective date. This Act takes effect upon becoming law.