Illinois General Assembly - Full Text of HB3749
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Full Text of HB3749  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Jawaharial Williams


5 ILCS 315/10  from Ch. 48, par. 1610

    Amends the Illinois Public Labor Relations Act. Provides that it shall be an unfair labor practice for a labor organization or its agents to require an employee or an applicant for an employment position to possess a driver's license for the purpose of job placement or testing. Provides that any State-issued identification card shall be sufficient for purposes of job placement or testing.

LRB102 12135 RJF 17472 b





HB3749LRB102 12135 RJF 17472 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 Illinois Public Labor Relations Act is
5amended by changing Section 10 as follows:
6    (5 ILCS 315/10)  (from Ch. 48, par. 1610)
7    Sec. 10. Unfair labor practices.
8    (a) It shall be an unfair labor practice for an employer or
9its agents:
10        (1) to interfere with, restrain or coerce public
11    employees in the exercise of the rights guaranteed in this
12    Act or to dominate or interfere with the formation,
13    existence or administration of any labor organization or
14    contribute financial or other support to it; provided, an
15    employer shall not be prohibited from permitting employees
16    to confer with him during working hours without loss of
17    time or pay;
18        (2) to discriminate in regard to hire or tenure of
19    employment or any term or condition of employment in order
20    to encourage or discourage membership in or other support
21    for any labor organization. Nothing in this Act or any
22    other law precludes a public employer from making an
23    agreement with a labor organization to require as a



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1    condition of employment the payment of a fair share under
2    paragraph (e) of Section 6;
3        (3) to discharge or otherwise discriminate against a
4    public employee because he has signed or filed an
5    affidavit, petition or charge or provided any information
6    or testimony under this Act;
7        (4) to refuse to bargain collectively in good faith
8    with a labor organization which is the exclusive
9    representative of public employees in an appropriate unit,
10    including, but not limited to, the discussing of
11    grievances with the exclusive representative;
12        (5) to violate any of the rules and regulations
13    established by the Board with jurisdiction over them
14    relating to the conduct of representation elections or the
15    conduct affecting the representation elections;
16        (6) to expend or cause the expenditure of public funds
17    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    Section 9 of this Act; provided, that nothing in this
21    subsection shall be construed to limit an employer's right
22    to internally communicate with its employees as provided
23    in subsection (c) of this Section, to be represented on
24    any matter pertaining to unit determinations, unfair labor
25    practice charges or pre-election conferences in any formal
26    or informal proceeding before the Board, or to seek or



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1    obtain advice from legal counsel. Nothing in this
2    paragraph shall be construed to prohibit an employer from
3    expending or causing the expenditure of public funds on,
4    or seeking or obtaining services or advice from, any
5    organization, group, or association established by and
6    including public or educational employers, whether covered
7    by this Act, the Illinois Educational Labor Relations Act
8    or the public employment labor relations law of any other
9    state or the federal government, provided that such
10    services or advice are generally available to the
11    membership of the organization, group or association, and
12    are not offered solely in an attempt to influence the
13    outcome of a particular representational election;
14        (7) to refuse to reduce a collective bargaining
15    agreement to writing or to refuse to sign such agreement;
16        (8) to interfere with, restrain, coerce, deter, or
17    discourage public employees or applicants to be public
18    employees from: (i) becoming or remaining members of a
19    labor organization; (ii) authorizing representation by a
20    labor organization; or (iii) authorizing dues or fee
21    deductions to a labor organization, nor shall the employer
22    intentionally permit outside third parties to use its
23    email or other communication systems to engage in that
24    conduct. An employer's good faith implementation of a
25    policy to block the use of its email or other
26    communication systems for such purposes shall be a defense



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



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



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



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1    or .
2        (9) to require an employee or an applicant for an
3    employment position to possess a driver's license for the
4    purpose of job placement or testing; any State-issued
5    identification card shall be sufficient for such purposes.
6    (c) The expressing of any views, argument, or opinion or
7the dissemination thereof, whether in written, printed,
8graphic, or visual form, shall not constitute or be evidence
9of an unfair labor practice under any of the provisions of this
10Act, if such expression contains no threat of reprisal or
11force or promise of benefit.
12    (d) The employer shall not discourage public employees or
13applicants to be public employees from becoming or remaining
14union members or authorizing dues deductions, and shall not
15otherwise interfere with the relationship between employees
16and their exclusive bargaining representative. The employer
17shall refer all inquiries about union membership to the
18exclusive bargaining representative, except that the employer
19may communicate with employees regarding payroll processes and
20procedures. The employer will establish email policies in an
21effort to prohibit the use of its email system by outside
23(Source: P.A. 101-620, eff. 12-20-19.)