Illinois General Assembly - Full Text of SB1905
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Full Text of SB1905  100th General Assembly




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1    AN ACT concerning government.
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
5Collective Bargaining Freedom Act.
6    Section 5. Purpose. It is the policy of the State of
7Illinois that employers, employees, and their labor
8organizations are free to negotiate collectively. It is also
9the policy of the State of Illinois that employers, employees,
10and their labor organizations may freely negotiate union
11security agreements including, but not limited to, those
12requiring membership in a labor organization as permitted under
1329 U.S.C. 158(a)(3). It is further the policy of the State of
14Illinois that no local government or political subdivision may
15create or enforce any local law, ordinance, regulation, rule,
16or the like that by design or application prohibits, restricts,
17tends to restrict, or regulates the use of union security
18agreements between a labor organization and an employer as
19permitted under 29 U.S.C. 158(a)(3).
20    Section 10. Definitions. In this Act:
21    "Employer" includes any person acting as an agent of an
22employer, directly or indirectly, but shall not include the



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1United States or any wholly owned government corporation, or
2any Federal Reserve Bank, or any State or political subdivision
3thereof, or any person subject to the Railway Labor Act, 45
4U.S.C. 151 et seq., as amended from time to time, or any labor
5organization (other than when acting as an employer), or anyone
6acting in the capacity of officer or agent of such labor
8    "Interested party" means a person with an interest in
9compliance with this Act.
10    "Labor organization" means any organization of any kind, or
11any agency or employee representation committee or plan, in
12which employees participate and which exists for the purpose,
13in whole or in part, of dealing with employers concerning
14grievances, labor disputes, wages, rates of pay, hours of
15employment, or conditions of work.
16    "Local government" and "political subdivision" include,
17but are not limited to, any county, city, town, township,
18village, municipality or subdivision thereof, airport
19authority, cemetery district, State college or university,
20community college, conservation district, drainage district,
21electric agency, exposition and auditorium authority, fire
22protection district, flood prevention district, forest
23preserve district, home equity program, hospital district,
24housing authority, joint action water agency, mass transit
25district, mosquito abatement district, multi-township
26assessment district, museum district, natural gas agency, park



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1district, planning agency, port district, public building
2commission, public health district, public library district,
3public water district, rescue squad district, river
4conservancy district, road and bridge district, road district,
5sanitary district, school district, soil and water
6conservation district, solid waste agency, special recreation
7association, street lighting district, surface water district,
8transportation authority, water authority, water commission,
9water reclamation district, water service district, and any
10other district, agency, or political subdivision authorized to
11legislate or enact laws affecting their respective
12jurisdiction, notwithstanding such local government or
13political subdivision's authority to exercise any power and
14perform any function pertaining to its government and affairs
15granted to it by the Illinois Constitution, a law, or
17    Section 15. Authority to enact legislation affecting union
18security agreements.
19    (a) The authority to enact any legislation, law, ordinance,
20rule, regulation, or the like that by design or application
21prohibits, restricts, tends to restrict, or regulates in any
22manner the use of union security agreements between an employer
23and labor organization as authorized under 29 U.S.C. 158(a)(3)
24shall vest exclusively with the General Assembly.
25    (b) No local government or political subdivision is



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1permitted to enact or enforce any local law, ordinance, rule,
2regulation, or the like that by design or application
3prohibits, restricts, tends to restrict, or regulates the use
4of union security agreements between an employer and labor
5organization as authorized under 29 U.S.C. 158(a)(3).
6    (c) Nothing in this Act shall be construed as prohibiting
7the General Assembly from enacting legislation barring the
8execution or application of union security agreements as
9authorized under 29 U.S.C. 164(b).
10    Section 20. Private right of action. Any interested party
11aggrieved by a violation of this Act or any rule adopted under
12this Act by any local government or political subdivision as
13described in this Act may file suit in circuit court, in the
14county where the alleged violation occurred or where any person
15who is party to the action resides. Actions may be brought by
16one or more persons for and on behalf of themselves and other
17persons similarly situated.
18    Section 25. Violation and liability. Any officer,
19representative, director, elected official, or the like of any
20local government or political subdivision, or agent thereof who
21knowingly or willfully violates this Act, or who knowingly or
22willfully fails to comply with this Act, is guilty of a Class A
23misdemeanor. Any legislation, rule, law, ordinance, or
24otherwise that restricts or prohibits in any manner the use of



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1union security agreements between an employer and labor
2organization as authorized under 29 U.S.C. 158(a)(3) is a
3violation of this Act and shall be void.
4    Section 30. Savings clause. If any Section, sentence,
5clause, or part of this Act is for any reason held to be
6unconstitutional, such decision shall not affect the remaining
7portions of this Act. The General Assembly hereby declares that
8it would have passed this Act, and each Section, sentence,
9clause, or part thereof, irrespective of the fact that one or
10more Sections, sentences, clauses, or parts might be declared