99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4139

 

Introduced , by Rep. Reginald Phillips

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/6  from Ch. 48, par. 1606
5 ILCS 315/10  from Ch. 48, par. 1610
15 ILCS 405/16.2 rep.
30 ILCS 5/3-8.5 rep.
115 ILCS 5/3  from Ch. 48, par. 1703
115 ILCS 5/14  from Ch. 48, par. 1714
115 ILCS 5/11 rep.

    Creates the Right to Work Act. Provides that a person may not be required to join or contribute to a labor organization as a condition of employment. Provides that violations of the Act constitute a Class A misdemeanor. Authorizes injunctive relief. Authorizes a private right of action for damages. Provides that the Attorney General shall enforce the Act. Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Provides that employees have the right not to become or remain a member of a labor organization, or to pay any dues, fees, assessments, or other similar charges to a labor organization, Eliminates provisions authorizing fair share agreements. Amends the Illinois State Comptroller Act, and the Illinois State Auditing Act to make related changes. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Right
5to Work Act.
 
6    Section 5. Definitions. In this Act:
7    "Employer" means all persons, firms, associations,
8corporations, public employers, public school employers, and
9public colleges, universities, institutions, and education
10agencies.
11    "Labor organization" means any organization of any kind, or
12agency or employee representation committee or union, which
13exists for the purpose, in whole or in part, of dealing with
14employers concerning wages, rates of pay, hours of work, other
15conditions of employment, or other forms of compensation.
 
16    Section 10. Right to refrain. No person shall be required,
17as a condition or continuation of employment, to:
18        (1) become or remain a member of a labor organization;
19        (2) pay any dues, fees, assessments, or other similar
20    charges, however denominated, of any kind or amount to a
21    labor organization; or
22        (3) pay to any charity or other third party, in lieu of

 

 

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1    such payments, any amount equivalent to or pro rata portion
2    of dues, fees, assessments, or other charges required of
3    members of a labor organization.
 
4    Section 15. Agreements in violation. Any agreement,
5understanding, or practice, written or oral, implied or
6expressed, between any labor organization and employer which
7violates the rights of persons as guaranteed by this Act is
8unlawful, null and void, and of no legal effect.
 
9    Section 20. Penalty. Any person who directly or indirectly
10violates any provision of this Act is guilty of a Class A
11misdemeanor.
 
12    Section 25. Duty to investigate and enforce. It is the duty
13of the Attorney General of this State to investigate complaints
14of violation or threatened violations of this Act and to
15prosecute all persons violating any of its provisions, and to
16take all means at his or her command to ensure effective
17enforcement. This duty does not deprive persons of their
18private cause of action to enforce this Act pursuant to Section
1930 or 35 of this Act.
 
20    Section 30. Injunctive relief. Any person injured as a
21result of any violation or threatened violation of this Act is
22entitled to injunctive and declaratory relief against any and

 

 

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1all violators or persons threatening violations. This remedy is
2independent of and in addition to the penalties and remedies
3provided in other Sections of this Act, the Illinois Public
4Labor Relations Act, or the Illinois Educational Labor
5Relations Act.
 
6    Section 35. Damages. Any person injured as a result of any
7violation or threatened violation of the provisions of this Act
8shall recover any and all damages, including costs and
9reasonable attorney's fees, of any character resulting from
10such violation or threatened violation. This remedy is
11independent of and in addition to the penalties and remedies
12provided in other Sections of this Act, the Illinois Public
13Labor Relations Act, or the Illinois Educational Labor
14Relations Act.
 
15    Section 40. Exceptions. The provisions of this Act do not
16apply:
17        (1) to employers and employees covered by the Federal
18    Railway Labor Act;
19        (2) to federal employers and employees;
20        (3) to employers and employees on exclusive federal
21    enclaves;
22        (4) where they would otherwise conflict with, or be
23    preempted by, federal law; or
24        (5) to any employment contract entered into before the

 

 

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1    effective date of this Act.
2    The provisions of this Act do, however, apply to any
3renewal or extension of any existing contract, or if any
4modification is made to any existing contract.
 
5    Section 45. Other laws. If any provision of this Act is
6deemed to conflict with the provisions of any other law of this
7State, the provisions of this Act shall control and supersede
8the provisions of the other law.
 
9    Section 50. Severability. If any provision of this Act or
10the application of any such provision to any person or
11circumstance is held invalid by a court of competent
12jurisdiction, the remainder of this Act or the application of
13its provisions to persons or circumstances other than those to
14which it is held invalid are severable and are not affected
15thereby.
 
16    Section 80. The Illinois Public Labor Relations Act is
17amended by changing Sections 3, 6, and 10 as follows:
 
18    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
19    Sec. 3. Definitions. As used in this Act, unless the
20context otherwise requires:
21    (a) "Board" means the Illinois Labor Relations Board or,
22with respect to a matter over which the jurisdiction of the

 

 

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1Board is assigned to the State Panel or the Local Panel under
2Section 5, the panel having jurisdiction over the matter.
3    (b) "Collective bargaining" means bargaining over terms
4and conditions of employment, including hours, wages, and other
5conditions of employment, as detailed in Section 7 and which
6are not excluded by Section 4.
7    (c) "Confidential employee" means an employee who, in the
8regular course of his or her duties, assists and acts in a
9confidential capacity to persons who formulate, determine, and
10effectuate management policies with regard to labor relations
11or who, in the regular course of his or her duties, has
12authorized access to information relating to the effectuation
13or review of the employer's collective bargaining policies.
14    (d) "Craft employees" means skilled journeymen, crafts
15persons, and their apprentices and helpers.
16    (e) "Essential services employees" means those public
17employees performing functions so essential that the
18interruption or termination of the function will constitute a
19clear and present danger to the health and safety of the
20persons in the affected community.
21    (f) "Exclusive representative", except with respect to
22non-State fire fighters and paramedics employed by fire
23departments and fire protection districts, non-State peace
24officers, and peace officers in the Department of State Police,
25means the labor organization that has been (i) designated by
26the Board as the representative of a majority of public

 

 

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1employees in an appropriate bargaining unit in accordance with
2the procedures contained in this Act, (ii) historically
3recognized by the State of Illinois or any political
4subdivision of the State before July 1, 1984 (the effective
5date of this Act) as the exclusive representative of the
6employees in an appropriate bargaining unit, (iii) after July
71, 1984 (the effective date of this Act) recognized by an
8employer upon evidence, acceptable to the Board, that the labor
9organization has been designated as the exclusive
10representative by a majority of the employees in an appropriate
11bargaining unit; (iv) recognized as the exclusive
12representative of personal assistants under Executive Order
132003-8 prior to the effective date of this amendatory Act of
14the 93rd General Assembly, and the organization shall be
15considered to be the exclusive representative of the personal
16assistants as defined in this Section; or (v) recognized as the
17exclusive representative of child and day care home providers,
18including licensed and license exempt providers, pursuant to an
19election held under Executive Order 2005-1 prior to the
20effective date of this amendatory Act of the 94th General
21Assembly, and the organization shall be considered to be the
22exclusive representative of the child and day care home
23providers as defined in this Section.
24    With respect to non-State fire fighters and paramedics
25employed by fire departments and fire protection districts,
26non-State peace officers, and peace officers in the Department

 

 

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1of State Police, "exclusive representative" means the labor
2organization that has been (i) designated by the Board as the
3representative of a majority of peace officers or fire fighters
4in an appropriate bargaining unit in accordance with the
5procedures contained in this Act, (ii) historically recognized
6by the State of Illinois or any political subdivision of the
7State before January 1, 1986 (the effective date of this
8amendatory Act of 1985) as the exclusive representative by a
9majority of the peace officers or fire fighters in an
10appropriate bargaining unit, or (iii) after January 1, 1986
11(the effective date of this amendatory Act of 1985) recognized
12by an employer upon evidence, acceptable to the Board, that the
13labor organization has been designated as the exclusive
14representative by a majority of the peace officers or fire
15fighters in an appropriate bargaining unit.
16    Where a historical pattern of representation exists for the
17workers of a water system that was owned by a public utility,
18as defined in Section 3-105 of the Public Utilities Act, prior
19to becoming certified employees of a municipality or
20municipalities once the municipality or municipalities have
21acquired the water system as authorized in Section 11-124-5 of
22the Illinois Municipal Code, the Board shall find the labor
23organization that has historically represented the workers to
24be the exclusive representative under this Act, and shall find
25the unit represented by the exclusive representative to be the
26appropriate unit.

 

 

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1    (g) (Blank). "Fair share agreement" means an agreement
2between the employer and an employee organization under which
3all or any of the employees in a collective bargaining unit are
4required to pay their proportionate share of the costs of the
5collective bargaining process, contract administration, and
6pursuing matters affecting wages, hours, and other conditions
7of employment, but not to exceed the amount of dues uniformly
8required of members. The amount certified by the exclusive
9representative shall not include any fees for contributions
10related to the election or support of any candidate for
11political office. Nothing in this subsection (g) shall preclude
12an employee from making voluntary political contributions in
13conjunction with his or her fair share payment.
14    (g-1) "Fire fighter" means, for the purposes of this Act
15only, any person who has been or is hereafter appointed to a
16fire department or fire protection district or employed by a
17state university and sworn or commissioned to perform fire
18fighter duties or paramedic duties, except that the following
19persons are not included: part-time fire fighters, auxiliary,
20reserve or voluntary fire fighters, including paid on-call fire
21fighters, clerks and dispatchers or other civilian employees of
22a fire department or fire protection district who are not
23routinely expected to perform fire fighter duties, or elected
24officials.
25    (g-2) "General Assembly of the State of Illinois" means the
26legislative branch of the government of the State of Illinois,

 

 

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1as provided for under Article IV of the Constitution of the
2State of Illinois, and includes but is not limited to the House
3of Representatives, the Senate, the Speaker of the House of
4Representatives, the Minority Leader of the House of
5Representatives, the President of the Senate, the Minority
6Leader of the Senate, the Joint Committee on Legislative
7Support Services and any legislative support services agency
8listed in the Legislative Commission Reorganization Act of
91984.
10    (h) "Governing body" means, in the case of the State, the
11State Panel of the Illinois Labor Relations Board, the Director
12of the Department of Central Management Services, and the
13Director of the Department of Labor; the county board in the
14case of a county; the corporate authorities in the case of a
15municipality; and the appropriate body authorized to provide
16for expenditures of its funds in the case of any other unit of
17government.
18    (i) "Labor organization" means any organization in which
19public employees participate and that exists for the purpose,
20in whole or in part, of dealing with a public employer
21concerning wages, hours, and other terms and conditions of
22employment, including the settlement of grievances.
23    (i-5) "Legislative liaison" means a person who is an
24employee of a State agency, the Attorney General, the Secretary
25of State, the Comptroller, or the Treasurer, as the case may
26be, and whose job duties require the person to regularly

 

 

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1communicate in the course of his or her employment with any
2official or staff of the General Assembly of the State of
3Illinois for the purpose of influencing any legislative action.
4    (j) "Managerial employee" means an individual who is
5engaged predominantly in executive and management functions
6and is charged with the responsibility of directing the
7effectuation of management policies and practices. With
8respect only to State employees in positions under the
9jurisdiction of the Attorney General, Secretary of State,
10Comptroller, or Treasurer (i) that were certified in a
11bargaining unit on or after December 2, 2008, (ii) for which a
12petition is filed with the Illinois Public Labor Relations
13Board on or after April 5, 2013 (the effective date of Public
14Act 97-1172), or (iii) for which a petition is pending before
15the Illinois Public Labor Relations Board on that date,
16"managerial employee" means an individual who is engaged in
17executive and management functions or who is charged with the
18effectuation of management policies and practices or who
19represents management interests by taking or recommending
20discretionary actions that effectively control or implement
21policy. Nothing in this definition prohibits an individual from
22also meeting the definition of "supervisor" under subsection
23(r) of this Section.
24    (k) "Peace officer" means, for the purposes of this Act
25only, any persons who have been or are hereafter appointed to a
26police force, department, or agency and sworn or commissioned

 

 

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1to perform police duties, except that the following persons are
2not included: part-time police officers, special police
3officers, auxiliary police as defined by Section 3.1-30-20 of
4the Illinois Municipal Code, night watchmen, "merchant
5police", court security officers as defined by Section 3-6012.1
6of the Counties Code, temporary employees, traffic guards or
7wardens, civilian parking meter and parking facilities
8personnel or other individuals specially appointed to aid or
9direct traffic at or near schools or public functions or to aid
10in civil defense or disaster, parking enforcement employees who
11are not commissioned as peace officers and who are not armed
12and who are not routinely expected to effect arrests, parking
13lot attendants, clerks and dispatchers or other civilian
14employees of a police department who are not routinely expected
15to effect arrests, or elected officials.
16    (l) "Person" includes one or more individuals, labor
17organizations, public employees, associations, corporations,
18legal representatives, trustees, trustees in bankruptcy,
19receivers, or the State of Illinois or any political
20subdivision of the State or governing body, but does not
21include the General Assembly of the State of Illinois or any
22individual employed by the General Assembly of the State of
23Illinois.
24    (m) "Professional employee" means any employee engaged in
25work predominantly intellectual and varied in character rather
26than routine mental, manual, mechanical or physical work;

 

 

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1involving the consistent exercise of discretion and adjustment
2in its performance; of such a character that the output
3produced or the result accomplished cannot be standardized in
4relation to a given period of time; and requiring advanced
5knowledge in a field of science or learning customarily
6acquired by a prolonged course of specialized intellectual
7instruction and study in an institution of higher learning or a
8hospital, as distinguished from a general academic education or
9from apprenticeship or from training in the performance of
10routine mental, manual, or physical processes; or any employee
11who has completed the courses of specialized intellectual
12instruction and study prescribed in this subsection (m) and is
13performing related work under the supervision of a professional
14person to qualify to become a professional employee as defined
15in this subsection (m).
16    (n) "Public employee" or "employee", for the purposes of
17this Act, means any individual employed by a public employer,
18including (i) interns and residents at public hospitals, (ii)
19as of the effective date of this amendatory Act of the 93rd
20General Assembly, but not before, personal assistants working
21under the Home Services Program under Section 3 of the Disabled
22Persons Rehabilitation Act, subject to the limitations set
23forth in this Act and in the Disabled Persons Rehabilitation
24Act, (iii) as of the effective date of this amendatory Act of
25the 94th General Assembly, but not before, child and day care
26home providers participating in the child care assistance

 

 

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1program under Section 9A-11 of the Illinois Public Aid Code,
2subject to the limitations set forth in this Act and in Section
39A-11 of the Illinois Public Aid Code, (iv) as of January 29,
42013 (the effective date of Public Act 97-1158), but not before
5except as otherwise provided in this subsection (n), home care
6and home health workers who function as personal assistants and
7individual maintenance home health workers and who also work
8under the Home Services Program under Section 3 of the Disabled
9Persons Rehabilitation Act, no matter whether the State
10provides those services through direct fee-for-service
11arrangements, with the assistance of a managed care
12organization or other intermediary, or otherwise, (v)
13beginning on the effective date of this amendatory Act of the
1498th General Assembly and notwithstanding any other provision
15of this Act, any person employed by a public employer and who
16is classified as or who holds the employment title of Chief
17Stationary Engineer, Assistant Chief Stationary Engineer,
18Sewage Plant Operator, Water Plant Operator, Stationary
19Engineer, Plant Operating Engineer, and any other employee who
20holds the position of: Civil Engineer V, Civil Engineer VI,
21Civil Engineer VII, Technical Manager I, Technical Manager II,
22Technical Manager III, Technical Manager IV, Technical Manager
23V, Technical Manager VI, Realty Specialist III, Realty
24Specialist IV, Realty Specialist V, Technical Advisor I,
25Technical Advisor II, Technical Advisor III, Technical Advisor
26IV, or Technical Advisor V employed by the Department of

 

 

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1Transportation who is in a position which is certified in a
2bargaining unit on or before the effective date of this
3amendatory Act of the 98th General Assembly, and (vi) beginning
4on the effective date of this amendatory Act of the 98th
5General Assembly and notwithstanding any other provision of
6this Act, any mental health administrator in the Department of
7Corrections who is classified as or who holds the position of
8Public Service Administrator (Option 8K), any employee of the
9Office of the Inspector General in the Department of Human
10Services who is classified as or who holds the position of
11Public Service Administrator (Option 7), any Deputy of
12Intelligence in the Department of Corrections who is classified
13as or who holds the position of Public Service Administrator
14(Option 7), and any employee of the Department of State Police
15who handles issues concerning the Illinois State Police Sex
16Offender Registry and who is classified as or holds the
17position of Public Service Administrator (Option 7), but
18excluding all of the following: employees of the General
19Assembly of the State of Illinois; elected officials; executive
20heads of a department; members of boards or commissions; the
21Executive Inspectors General; any special Executive Inspectors
22General; employees of each Office of an Executive Inspector
23General; commissioners and employees of the Executive Ethics
24Commission; the Auditor General's Inspector General; employees
25of the Office of the Auditor General's Inspector General; the
26Legislative Inspector General; any special Legislative

 

 

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1Inspectors General; employees of the Office of the Legislative
2Inspector General; commissioners and employees of the
3Legislative Ethics Commission; employees of any agency, board
4or commission created by this Act; employees appointed to State
5positions of a temporary or emergency nature; all employees of
6school districts and higher education institutions except
7firefighters and peace officers employed by a state university
8and except peace officers employed by a school district in its
9own police department in existence on the effective date of
10this amendatory Act of the 96th General Assembly; managerial
11employees; short-term employees; legislative liaisons; a
12person who is a State employee under the jurisdiction of the
13Office of the Attorney General who is licensed to practice law
14or whose position authorizes, either directly or indirectly,
15meaningful input into government decision-making on issues
16where there is room for principled disagreement on goals or
17their implementation; a person who is a State employee under
18the jurisdiction of the Office of the Comptroller who holds the
19position of Public Service Administrator or whose position is
20otherwise exempt under the Comptroller Merit Employment Code; a
21person who is a State employee under the jurisdiction of the
22Secretary of State who holds the position classification of
23Executive I or higher, whose position authorizes, either
24directly or indirectly, meaningful input into government
25decision-making on issues where there is room for principled
26disagreement on goals or their implementation, or who is

 

 

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1otherwise exempt under the Secretary of State Merit Employment
2Code; employees in the Office of the Secretary of State who are
3completely exempt from jurisdiction B of the Secretary of State
4Merit Employment Code and who are in Rutan-exempt positions on
5or after April 5, 2013 (the effective date of Public Act
697-1172); a person who is a State employee under the
7jurisdiction of the Treasurer who holds a position that is
8exempt from the State Treasurer Employment Code; any employee
9of a State agency who (i) holds the title or position of, or
10exercises substantially similar duties as a legislative
11liaison, Agency General Counsel, Agency Chief of Staff, Agency
12Executive Director, Agency Deputy Director, Agency Chief
13Fiscal Officer, Agency Human Resources Director, Public
14Information Officer, or Chief Information Officer and (ii) was
15neither included in a bargaining unit nor subject to an active
16petition for certification in a bargaining unit; any employee
17of a State agency who (i) is in a position that is
18Rutan-exempt, as designated by the employer, and completely
19exempt from jurisdiction B of the Personnel Code and (ii) was
20neither included in a bargaining unit nor subject to an active
21petition for certification in a bargaining unit; any term
22appointed employee of a State agency pursuant to Section 8b.18
23or 8b.19 of the Personnel Code who was neither included in a
24bargaining unit nor subject to an active petition for
25certification in a bargaining unit; any employment position
26properly designated pursuant to Section 6.1 of this Act;

 

 

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1confidential employees; independent contractors; and
2supervisors except as provided in this Act.
3    Home care and home health workers who function as personal
4assistants and individual maintenance home health workers and
5who also work under the Home Services Program under Section 3
6of the Disabled Persons Rehabilitation Act shall not be
7considered public employees for any purposes not specifically
8provided for in Public Act 93-204 or Public Act 97-1158,
9including but not limited to, purposes of vicarious liability
10in tort and purposes of statutory retirement or health
11insurance benefits. Home care and home health workers who
12function as personal assistants and individual maintenance
13home health workers and who also work under the Home Services
14Program under Section 3 of the Disabled Persons Rehabilitation
15Act shall not be covered by the State Employees Group Insurance
16Act of 1971 (5 ILCS 375/).
17    Child and day care home providers shall not be considered
18public employees for any purposes not specifically provided for
19in this amendatory Act of the 94th General Assembly, including
20but not limited to, purposes of vicarious liability in tort and
21purposes of statutory retirement or health insurance benefits.
22Child and day care home providers shall not be covered by the
23State Employees Group Insurance Act of 1971.
24    Notwithstanding Section 9, subsection (c), or any other
25provisions of this Act, all peace officers above the rank of
26captain in municipalities with more than 1,000,000 inhabitants

 

 

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1shall be excluded from this Act.
2    (o) Except as otherwise in subsection (o-5), "public
3employer" or "employer" means the State of Illinois; any
4political subdivision of the State, unit of local government or
5school district; authorities including departments, divisions,
6bureaus, boards, commissions, or other agencies of the
7foregoing entities; and any person acting within the scope of
8his or her authority, express or implied, on behalf of those
9entities in dealing with its employees. As of the effective
10date of the amendatory Act of the 93rd General Assembly, but
11not before, the State of Illinois shall be considered the
12employer of the personal assistants working under the Home
13Services Program under Section 3 of the Disabled Persons
14Rehabilitation Act, subject to the limitations set forth in
15this Act and in the Disabled Persons Rehabilitation Act. As of
16January 29, 2013 (the effective date of Public Act 97-1158),
17but not before except as otherwise provided in this subsection
18(o), the State shall be considered the employer of home care
19and home health workers who function as personal assistants and
20individual maintenance home health workers and who also work
21under the Home Services Program under Section 3 of the Disabled
22Persons Rehabilitation Act, no matter whether the State
23provides those services through direct fee-for-service
24arrangements, with the assistance of a managed care
25organization or other intermediary, or otherwise, but subject
26to the limitations set forth in this Act and the Disabled

 

 

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1Persons Rehabilitation Act. The State shall not be considered
2to be the employer of home care and home health workers who
3function as personal assistants and individual maintenance
4home health workers and who also work under the Home Services
5Program under Section 3 of the Disabled Persons Rehabilitation
6Act, for any purposes not specifically provided for in Public
7Act 93-204 or Public Act 97-1158, including but not limited to,
8purposes of vicarious liability in tort and purposes of
9statutory retirement or health insurance benefits. Home care
10and home health workers who function as personal assistants and
11individual maintenance home health workers and who also work
12under the Home Services Program under Section 3 of the Disabled
13Persons Rehabilitation Act shall not be covered by the State
14Employees Group Insurance Act of 1971 (5 ILCS 375/). As of the
15effective date of this amendatory Act of the 94th General
16Assembly but not before, the State of Illinois shall be
17considered the employer of the day and child care home
18providers participating in the child care assistance program
19under Section 9A-11 of the Illinois Public Aid Code, subject to
20the limitations set forth in this Act and in Section 9A-11 of
21the Illinois Public Aid Code. The State shall not be considered
22to be the employer of child and day care home providers for any
23purposes not specifically provided for in this amendatory Act
24of the 94th General Assembly, including but not limited to,
25purposes of vicarious liability in tort and purposes of
26statutory retirement or health insurance benefits. Child and

 

 

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1day care home providers shall not be covered by the State
2Employees Group Insurance Act of 1971.
3    "Public employer" or "employer" as used in this Act,
4however, does not mean and shall not include the General
5Assembly of the State of Illinois, the Executive Ethics
6Commission, the Offices of the Executive Inspectors General,
7the Legislative Ethics Commission, the Office of the
8Legislative Inspector General, the Office of the Auditor
9General's Inspector General, the Office of the Governor, the
10Governor's Office of Management and Budget, the Illinois
11Finance Authority, the Office of the Lieutenant Governor, the
12State Board of Elections, and educational employers or
13employers as defined in the Illinois Educational Labor
14Relations Act, except with respect to a state university in its
15employment of firefighters and peace officers and except with
16respect to a school district in the employment of peace
17officers in its own police department in existence on the
18effective date of this amendatory Act of the 96th General
19Assembly. County boards and county sheriffs shall be designated
20as joint or co-employers of county peace officers appointed
21under the authority of a county sheriff. Nothing in this
22subsection (o) shall be construed to prevent the State Panel or
23the Local Panel from determining that employers are joint or
24co-employers.
25    (o-5) With respect to wages, fringe benefits, hours,
26holidays, vacations, proficiency examinations, sick leave, and

 

 

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1other conditions of employment, the public employer of public
2employees who are court reporters, as defined in the Court
3Reporters Act, shall be determined as follows:
4        (1) For court reporters employed by the Cook County
5    Judicial Circuit, the chief judge of the Cook County
6    Circuit Court is the public employer and employer
7    representative.
8        (2) For court reporters employed by the 12th, 18th,
9    19th, and, on and after December 4, 2006, the 22nd judicial
10    circuits, a group consisting of the chief judges of those
11    circuits, acting jointly by majority vote, is the public
12    employer and employer representative.
13        (3) For court reporters employed by all other judicial
14    circuits, a group consisting of the chief judges of those
15    circuits, acting jointly by majority vote, is the public
16    employer and employer representative.
17    (p) "Security employee" means an employee who is
18responsible for the supervision and control of inmates at
19correctional facilities. The term also includes other
20non-security employees in bargaining units having the majority
21of employees being responsible for the supervision and control
22of inmates at correctional facilities.
23    (q) "Short-term employee" means an employee who is employed
24for less than 2 consecutive calendar quarters during a calendar
25year and who does not have a reasonable assurance that he or
26she will be rehired by the same employer for the same service

 

 

HB4139- 22 -LRB099 09197 JLS 29400 b

1in a subsequent calendar year.
2    (q-5) "State agency" means an agency directly responsible
3to the Governor, as defined in Section 3.1 of the Executive
4Reorganization Implementation Act, and the Illinois Commerce
5Commission, the Illinois Workers' Compensation Commission, the
6Civil Service Commission, the Pollution Control Board, the
7Illinois Racing Board, and the Department of State Police Merit
8Board.
9    (r) "Supervisor" is:
10        (1) An employee whose principal work is substantially
11    different from that of his or her subordinates and who has
12    authority, in the interest of the employer, to hire,
13    transfer, suspend, lay off, recall, promote, discharge,
14    direct, reward, or discipline employees, to adjust their
15    grievances, or to effectively recommend any of those
16    actions, if the exercise of that authority is not of a
17    merely routine or clerical nature, but requires the
18    consistent use of independent judgment. Except with
19    respect to police employment, the term "supervisor"
20    includes only those individuals who devote a preponderance
21    of their employment time to exercising that authority,
22    State supervisors notwithstanding. Nothing in this
23    definition prohibits an individual from also meeting the
24    definition of "managerial employee" under subsection (j)
25    of this Section. In addition, in determining supervisory
26    status in police employment, rank shall not be

 

 

HB4139- 23 -LRB099 09197 JLS 29400 b

1    determinative. The Board shall consider, as evidence of
2    bargaining unit inclusion or exclusion, the common law
3    enforcement policies and relationships between police
4    officer ranks and certification under applicable civil
5    service law, ordinances, personnel codes, or Division 2.1
6    of Article 10 of the Illinois Municipal Code, but these
7    factors shall not be the sole or predominant factors
8    considered by the Board in determining police supervisory
9    status.
10        Notwithstanding the provisions of the preceding
11    paragraph, in determining supervisory status in fire
12    fighter employment, no fire fighter shall be excluded as a
13    supervisor who has established representation rights under
14    Section 9 of this Act. Further, in new fire fighter units,
15    employees shall consist of fire fighters of the rank of
16    company officer and below. If a company officer otherwise
17    qualifies as a supervisor under the preceding paragraph,
18    however, he or she shall not be included in the fire
19    fighter unit. If there is no rank between that of chief and
20    the highest company officer, the employer may designate a
21    position on each shift as a Shift Commander, and the
22    persons occupying those positions shall be supervisors.
23    All other ranks above that of company officer shall be
24    supervisors.
25        (2) With respect only to State employees in positions
26    under the jurisdiction of the Attorney General, Secretary

 

 

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1    of State, Comptroller, or Treasurer (i) that were certified
2    in a bargaining unit on or after December 2, 2008, (ii) for
3    which a petition is filed with the Illinois Public Labor
4    Relations Board on or after April 5, 2013 (the effective
5    date of Public Act 97-1172), or (iii) for which a petition
6    is pending before the Illinois Public Labor Relations Board
7    on that date, an employee who qualifies as a supervisor
8    under (A) Section 152 of the National Labor Relations Act
9    and (B) orders of the National Labor Relations Board
10    interpreting that provision or decisions of courts
11    reviewing decisions of the National Labor Relations Board.
12    (s)(1) "Unit" means a class of jobs or positions that are
13held by employees whose collective interests may suitably be
14represented by a labor organization for collective bargaining.
15Except with respect to non-State fire fighters and paramedics
16employed by fire departments and fire protection districts,
17non-State peace officers, and peace officers in the Department
18of State Police, a bargaining unit determined by the Board
19shall not include both employees and supervisors, or
20supervisors only, except as provided in paragraph (2) of this
21subsection (s) and except for bargaining units in existence on
22July 1, 1984 (the effective date of this Act). With respect to
23non-State fire fighters and paramedics employed by fire
24departments and fire protection districts, non-State peace
25officers, and peace officers in the Department of State Police,
26a bargaining unit determined by the Board shall not include

 

 

HB4139- 25 -LRB099 09197 JLS 29400 b

1both supervisors and nonsupervisors, or supervisors only,
2except as provided in paragraph (2) of this subsection (s) and
3except for bargaining units in existence on January 1, 1986
4(the effective date of this amendatory Act of 1985). A
5bargaining unit determined by the Board to contain peace
6officers shall contain no employees other than peace officers
7unless otherwise agreed to by the employer and the labor
8organization or labor organizations involved. Notwithstanding
9any other provision of this Act, a bargaining unit, including a
10historical bargaining unit, containing sworn peace officers of
11the Department of Natural Resources (formerly designated the
12Department of Conservation) shall contain no employees other
13than such sworn peace officers upon the effective date of this
14amendatory Act of 1990 or upon the expiration date of any
15collective bargaining agreement in effect upon the effective
16date of this amendatory Act of 1990 covering both such sworn
17peace officers and other employees.
18    (2) Notwithstanding the exclusion of supervisors from
19bargaining units as provided in paragraph (1) of this
20subsection (s), a public employer may agree to permit its
21supervisory employees to form bargaining units and may bargain
22with those units. This Act shall apply if the public employer
23chooses to bargain under this subsection.
24    (3) Public employees who are court reporters, as defined in
25the Court Reporters Act, shall be divided into 3 units for
26collective bargaining purposes. One unit shall be court

 

 

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1reporters employed by the Cook County Judicial Circuit; one
2unit shall be court reporters employed by the 12th, 18th, 19th,
3and, on and after December 4, 2006, the 22nd judicial circuits;
4and one unit shall be court reporters employed by all other
5judicial circuits.
6    (t) "Active petition for certification in a bargaining
7unit" means a petition for certification filed with the Board
8under one of the following case numbers: S-RC-11-110;
9S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
10S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
11S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
12S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
13S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
14S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
15S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
16S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
17S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
18S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
19S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
20S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
21S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
22S-RC-07-100.
23(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13;
2497-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff.
258-18-14.)
 

 

 

HB4139- 27 -LRB099 09197 JLS 29400 b

1    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
2    Sec. 6. Right to organize and bargain collectively;
3exclusive representation; and fair share arrangements.
4    (a) Employees of the State and any political subdivision of
5the State, excluding employees of the General Assembly of the
6State of Illinois and employees excluded from the definition of
7"public employee" under subsection (n) of Section 3 of this
8Act, have, and are protected in the exercise of, the right of
9self-organization, and may form, join or assist any labor
10organization, to bargain collectively through representatives
11of their own choosing on questions of wages, hours and other
12conditions of employment, not excluded by Section 4 of this
13Act, and to engage in other concerted activities not otherwise
14prohibited by law for the purposes of collective bargaining or
15other mutual aid or protection, free from interference,
16restraint or coercion. Employees also have, and are protected
17in the exercise of, the right to refrain from participating in
18any such concerted activities. Employees also have the right
19not to become or remain a member of a labor organization, or to
20pay any dues, fees, assessments, or other similar charges,
21however denominated, of any kind or amount to a labor
22organization may be required, pursuant to the terms of a lawful
23fair share agreement, to pay a fee which shall be their
24proportionate share of the costs of the collective bargaining
25process, contract administration and pursuing matters
26affecting wages, hours and other conditions of employment as

 

 

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

 

 

HB4139- 29 -LRB099 09197 JLS 29400 b

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

 

 

HB4139- 30 -LRB099 09197 JLS 29400 b

1the payroll deduction of labor organization dues, fair share
2payment, initiation fees and assessments. Except as provided in
3subsection (e) of this Section, any such deductions shall only
4be made upon an employee's written authorization, and continued
5until revoked in writing in the same manner or until the
6termination date of an applicable collective bargaining
7agreement. Such payments shall be paid to the exclusive
8representative.
9    Where a collective bargaining agreement is terminated, or
10continues in effect beyond its scheduled expiration date
11pending the negotiation of a successor agreement or the
12resolution of an impasse under Section 14, the employer shall
13continue to honor and abide by any dues deduction or fair share
14clause contained therein until a new agreement is reached
15including dues deduction or a fair share clause. For the
16benefit of any successor exclusive representative certified
17under this Act, this provision shall be applicable, provided
18the successor exclusive representative:
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,

 

 

HB4139- 31 -LRB099 09197 JLS 29400 b

1including a successor, shall be a violation of the duty to
2bargain and an unfair labor practice.
3    (g) (Blank). Agreements containing a fair share agreement
4must safeguard the right of nonassociation of employees based
5upon bona fide religious tenets or teachings of a church or
6religious body of which such employees are members. Such
7employees may be required to pay an amount equal to their fair
8share, determined under a lawful fair share agreement, to a
9nonreligious charitable organization mutually agreed upon by
10the employees affected and the exclusive bargaining
11representative to which such employees would otherwise pay such
12service fee. If the affected employees and the bargaining
13representative are unable to reach an agreement on the matter,
14the Board may establish an approved list of charitable
15organizations to which such payments may be made.
16(Source: P.A. 97-1172, eff. 4-5-13.)
 
17    (5 ILCS 315/10)  (from Ch. 48, par. 1610)
18    Sec. 10. Unfair labor practices.
19    (a) It shall be an unfair labor practice for an employer or
20its agents:
21        (1) to interfere with, restrain or coerce public
22    employees in the exercise of the rights guaranteed in this
23    Act or to dominate or interfere with the formation,
24    existence or administration of any labor organization or
25    contribute financial or other support to it; provided, an

 

 

HB4139- 32 -LRB099 09197 JLS 29400 b

1    employer shall not be prohibited from permitting employees
2    to confer with him during working hours without loss of
3    time or pay;
4        (2) to discriminate in regard to hire or tenure of
5    employment or any term or condition of employment in order
6    to encourage or discourage membership in or other support
7    for any labor organization including requiring the payment
8    of any dues, fees, assessments, or other similar charges,
9    however denominated, of any kind or amount to a labor
10    organization or to a charity in lieu of a payment to a
11    labor organization . Nothing in this Act or any other law
12    precludes a public employer from making an agreement with a
13    labor organization to require as a condition of employment
14    the payment of a fair share under paragraph (e) of Section
15    6;
16        (3) to discharge or otherwise discriminate against a
17    public employee because he has signed or filed an
18    affidavit, petition or charge or provided any information
19    or testimony under this Act;
20        (4) to refuse to bargain collectively in good faith
21    with a labor organization which is the exclusive
22    representative of public employees in an appropriate unit,
23    including, but not limited to, the discussing of grievances
24    with the exclusive representative;
25        (5) to violate any of the rules and regulations
26    established by the Board with jurisdiction over them

 

 

HB4139- 33 -LRB099 09197 JLS 29400 b

1    relating to the conduct of representation elections or the
2    conduct affecting the representation elections;
3        (6) to expend or cause the expenditure of public funds
4    to any external agent, individual, firm, agency,
5    partnership or association in any attempt to influence the
6    outcome of representational elections held pursuant to
7    Section 9 of this Act; provided, that nothing in this
8    subsection shall be construed to limit an employer's right
9    to internally communicate with its employees as provided in
10    subsection (c) of this Section, to be represented on any
11    matter pertaining to unit determinations, unfair labor
12    practice charges or pre-election conferences in any formal
13    or informal proceeding before the Board, or to seek or
14    obtain advice from legal counsel. Nothing in this paragraph
15    shall be construed to prohibit an employer from expending
16    or causing the expenditure of public funds on, or seeking
17    or obtaining services or advice from, any organization,
18    group, or association established by and including public
19    or educational employers, whether covered by this Act, the
20    Illinois Educational Labor Relations Act or the public
21    employment labor relations law of any other state or the
22    federal government, provided that such services or advice
23    are generally available to the membership of the
24    organization, group or association, and are not offered
25    solely in an attempt to influence the outcome of a
26    particular representational election; or

 

 

HB4139- 34 -LRB099 09197 JLS 29400 b

1        (7) to refuse to reduce a collective bargaining
2    agreement to writing or to refuse to sign such agreement;
3    or .
4        (8) to require or attempt to require, as a condition or
5    continuance of employment, that any public employee become
6    or remain a member of a labor organization; or pay any
7    dues, fees, assessments, or other similar charges, however
8    denominated, of any kind or amount to a labor organization;
9    or pay to any charity or other third party, in lieu of such
10    payments, any amount equivalent to or pro rata portion of
11    dues, fees, assessments, or other charges required of
12    members of a labor organization.
13    (b) It shall be an unfair labor practice for a labor
14organization or its agents:
15        (1) to restrain or coerce public employees in the
16    exercise of the rights guaranteed in this Act, provided,
17    (i) that this paragraph shall not impair the right of a
18    labor organization to prescribe its own rules with respect
19    to the acquisition or retention of membership therein or
20    the determination of fair share payments and (ii) that a
21    labor organization or its agents shall commit an unfair
22    labor practice under this paragraph in duty of fair
23    representation cases only by intentional misconduct in
24    representing employees under this Act;
25        (2) to restrain or coerce a public employer in the
26    selection of his representatives for the purposes of

 

 

HB4139- 35 -LRB099 09197 JLS 29400 b

1    collective bargaining or the settlement of grievances; or
2        (3) to cause, or attempt to cause, an employer to
3    discriminate against an employee in violation of
4    subsection (a)(2);
5        (4) to refuse to bargain collectively in good faith
6    with a public employer, if it has been designated in
7    accordance with the provisions of this Act as the exclusive
8    representative of public employees in an appropriate unit;
9        (5) to violate any of the rules and regulations
10    established by the boards with jurisdiction over them
11    relating to the conduct of representation elections or the
12    conduct affecting the representation elections;
13        (6) to discriminate against any employee because he has
14    signed or filed an affidavit, petition or charge or
15    provided any information or testimony under this Act;
16        (7) to picket or cause to be picketed, or threaten to
17    picket or cause to be picketed, any public employer where
18    an object thereof is forcing or requiring an employer to
19    recognize or bargain with a labor organization of the
20    representative of its employees, or forcing or requiring
21    the employees of an employer to accept or select such labor
22    organization as their collective bargaining
23    representative, unless such labor organization is
24    currently certified as the representative of such
25    employees:
26            (A) where the employer has lawfully recognized in

 

 

HB4139- 36 -LRB099 09197 JLS 29400 b

1        accordance with this Act any labor organization and a
2        question concerning representation may not
3        appropriately be raised under Section 9 of this Act;
4            (B) where within the preceding 12 months a valid
5        election under Section 9 of this Act has been
6        conducted; or
7            (C) where such picketing has been conducted
8        without a petition under Section 9 being filed within a
9        reasonable period of time not to exceed 30 days from
10        the commencement of such picketing; provided that when
11        such a petition has been filed the Board shall
12        forthwith, without regard to the provisions of
13        subsection (a) of Section 9 or the absence of a showing
14        of a substantial interest on the part of the labor
15        organization, direct an election in such unit as the
16        Board finds to be appropriate and shall certify the
17        results thereof; provided further, that nothing in
18        this subparagraph shall be construed to prohibit any
19        picketing or other publicity for the purpose of
20        truthfully advising the public that an employer does
21        not employ members of, or have a contract with, a labor
22        organization unless an effect of such picketing is to
23        induce any individual employed by any other person in
24        the course of his employment, not to pick up, deliver,
25        or transport any goods or not to perform any services;
26        or

 

 

HB4139- 37 -LRB099 09197 JLS 29400 b

1        (8) to refuse to reduce a collective bargaining
2    agreement to writing or to refuse to sign such agreement;
3    or .
4        (9) to require or attempt to require, as a condition or
5    continuance of employment, that any public employee become
6    or remain a member of a labor organization; pay any dues,
7    fees, assessments, or other similar charges, however
8    denominated, of any kind or amount to a labor organization;
9    or pay to any charity or other third party, in lieu of such
10    payments, any amount equivalent to or pro rata portion of
11    dues, fees, assessments, or other charges required of
12    members of a labor organization.
13    (c) The expressing of any views, argument, or opinion or
14the dissemination thereof, whether in written, printed,
15graphic, or visual form, shall not constitute or be evidence of
16an unfair labor practice under any of the provisions of this
17Act, if such expression contains no threat of reprisal or force
18or promise of benefit.
19(Source: P.A. 86-412; 87-736.)
 
20    (15 ILCS 405/16.2 rep.)
21    Section 82. The State Comptroller Act is amended by
22repealing Section 16.2.
 
23    (30 ILCS 5/3-8.5 rep.)
24    Section 84. The Illinois State Auditing Act is amended by

 

 

HB4139- 38 -LRB099 09197 JLS 29400 b

1repealing Section 3-8.5.
 
2    Section 86. The Illinois Educational Labor Relations Act is
3amended by changing Sections 3 and 14 as follows:
 
4    (115 ILCS 5/3)  (from Ch. 48, par. 1703)
5    Sec. 3. Employee rights.
6    (a) It shall be lawful for educational employees to
7organize, form, join, or assist in employee organizations or
8engage in lawful concerted activities for the purpose of
9collective bargaining or other mutual aid and protection or
10bargain collectively through representatives of their own free
11choice and, except as provided in Section 11, such employees
12shall also have the right to refrain from any or all such
13activities. Employees also have the right not to become or
14remain a member of a labor organization, or to pay any dues,
15fees, assessments, or other similar charges, however
16denominated, of any kind or amount to a labor organization.
17    (b) Representatives selected by educational employees in a
18unit appropriate for collective bargaining purposes shall be
19the exclusive representative of all the employees in such unit
20to bargain on wages, hours, terms and conditions of employment.
21However, any individual employee or a group of employees may at
22any time present grievances to their employer and have them
23adjusted without the intervention of the bargaining
24representative as long as the adjustment is not inconsistent

 

 

HB4139- 39 -LRB099 09197 JLS 29400 b

1with the terms of a collective bargaining agreement then in
2effect, provided that the bargaining representative has been
3given an opportunity to be present at such adjustment.
4(Source: P.A. 83-1014.)
 
5    (115 ILCS 5/14)  (from Ch. 48, par. 1714)
6    Sec. 14. Unfair labor practices.
7    (a) Educational employers, their agents or representatives
8are prohibited from:
9        (1) Interfering, restraining or coercing employees in
10    the exercise of the rights guaranteed under this Act.
11        (2) Dominating or interfering with the formation,
12    existence or administration of any employee organization.
13        (3) Discriminating in regard to hire or tenure of
14    employment or any term or condition of employment to
15    encourage or discourage membership in any employee
16    organization.
17        (4) Discharging or otherwise discriminating against an
18    employee because he or she has signed or filed an
19    affidavit, authorization card, petition or complaint or
20    given any information or testimony under this Act.
21        (5) Refusing to bargain collectively in good faith with
22    an employee representative which is the exclusive
23    representative of employees in an appropriate unit,
24    including but not limited to the discussing of grievances
25    with the exclusive representative; provided, however, that

 

 

HB4139- 40 -LRB099 09197 JLS 29400 b

1    if an alleged unfair labor practice involves
2    interpretation or application of the terms of a collective
3    bargaining agreement and said agreement contains a
4    grievance and arbitration procedure, the Board may defer
5    the resolution of such dispute to the grievance and
6    arbitration procedure contained in said agreement.
7        (6) Refusing to reduce a collective bargaining
8    agreement to writing and signing such agreement.
9        (7) Violating any of the rules and regulations
10    promulgated by the Board regulating the conduct of
11    representation elections.
12        (8) Refusing to comply with the provisions of a binding
13    arbitration award.
14        (9) Expending or causing the expenditure of public
15    funds to any external agent, individual, firm, agency,
16    partnership or association in any attempt to influence the
17    outcome of representational elections held pursuant to
18    paragraph (c) of Section 7 of this Act; provided, that
19    nothing in this subsection shall be construed to limit an
20    employer's right to be represented on any matter pertaining
21    to unit determinations, unfair labor practice charges or
22    pre-election conferences in any formal or informal
23    proceeding before the Board, or to seek or obtain advice
24    from legal counsel. Nothing in this paragraph shall be
25    construed to prohibit an employer from expending or causing
26    the expenditure of public funds on, or seeking or obtaining

 

 

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1    services or advice from, any organization, group or
2    association established by, and including educational or
3    public employers, whether or not covered by this Act, the
4    Illinois Public 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.
11        (10) Requiring or attempting to require, as a condition
12    or continuance of employment, that employees become or
13    remain a member of a labor organization; or pay any dues,
14    fees, assessments, or other similar charges, however
15    denominated, of any kind or amount to a labor organization;
16    or pay to any charity or other third party, in lieu of such
17    payments, any amount equivalent to or pro rata portion of
18    dues, fees, assessments, or other charges required of
19    members of a labor organization.
20    (b) Employee organizations, their agents or
21representatives or educational employees are prohibited from:
22        (1) Restraining or coercing employees in the exercise
23    of the rights guaranteed under this Act, provided that a
24    labor organization or its agents shall commit an unfair
25    labor practice under this paragraph in duty of fair
26    representation cases only by intentional misconduct in

 

 

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1    representing employees under this Act.
2        (2) Restraining or coercing an educational employer in
3    the selection of his representative for the purposes of
4    collective bargaining or the adjustment of grievances.
5        (3) Refusing to bargain collectively in good faith with
6    an educational employer, if they have been designated in
7    accordance with the provisions of this Act as the exclusive
8    representative of employees in an appropriate unit.
9        (4) Violating any of the rules and regulations
10    promulgated by the Board regulating the conduct of
11    representation elections.
12        (5) Refusing to reduce a collective bargaining
13    agreement to writing and signing such agreement.
14        (6) Refusing to comply with the provisions of a binding
15    arbitration award.
16        (7) Requiring or attempting to require, as a condition
17    or continuance of employment, that employees become or
18    remain a member of a labor organization; pay any dues,
19    fees, assessments, or other similar charges, however
20    denominated, of any kind or amount to a labor organization;
21    or pay to any charity or other third party, in lieu of such
22    payments, any amount equivalent to or pro rata portion of
23    dues, fees, assessments, or other charges required of
24    members of a labor organization.
25    (c) The expressing of any views, argument, opinion or the
26dissemination thereof, whether in written, printed, graphic or

 

 

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1visual form, shall not constitute or be evidence of an unfair
2labor practice under any of the provisions of this Act, if such
3expression contains no threat of reprisal or force or promise
4of benefit.
5    (d) The actions of a Financial Oversight Panel created
6pursuant to Section 1A-8 of the School Code due to a district
7violating a financial plan shall not constitute or be evidence
8of an unfair labor practice under any of the provisions of this
9Act. Such actions include, but are not limited to, reviewing,
10approving, or rejecting a school district budget or a
11collective bargaining agreement.
12(Source: P.A. 89-572, eff. 7-30-96.)
 
13    (115 ILCS 5/11 rep.)
14    Section 88. The Illinois Educational Labor Relations Act is
15amended by repealing Section 11.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.