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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. Policy. 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 dues to be paid to a labor organization as permitted
13under 29 U.S.C. 158(a)(3). It is further the policy of the
14State of Illinois that no local government or political
15subdivision may create or enforce any local law, ordinance,
16regulation, rule, or the like that by design or application
17prohibits, restricts, tends to restrict, or regulates the use
18of union security agreements between a labor organization and
19an employer as permitted 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 does 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 that exists for the purpose, in
13whole 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, municipal
10corporation, and any other district, agency, or political
11subdivision authorized to legislate or enact laws affecting its
12respective jurisdiction, notwithstanding such local government
13or political 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. Private sector union security agreements.
18Employers and labor organizations covered by the National Labor
19Relations Act may, anywhere within the entire State of
20Illinois, execute and apply agreements requiring membership in
21a labor organization as a condition of employment to the full
22extent authorized by the National Labor Relations Act.
23    Section 20. Authority to enact legislation affecting union
24security agreements.



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1    (a) The authority to enact any legislation, law, ordinance,
2rule, regulation, or the like that by design or application
3prohibits, restricts, tends to restrict, or regulates in any
4manner the use of union security agreements between an employer
5and labor organization as authorized under 29 U.S.C. 164(b)
6vests exclusively with the General Assembly.
7    (b) No local government or political subdivision is
8permitted to enact or enforce any local law, ordinance, rule,
9regulation, or the like that by design or application
10prohibits, restricts, tends to restrict, or regulates the use
11of union security agreements between an employer and labor
12organization as authorized under 29 U.S.C. 158(a)(3).
13    (c) Nothing in this Act shall be construed as prohibiting
14the General Assembly from enacting legislation barring the
15execution or application of union security agreements as
16authorized under 29 U.S.C. 164(b).
17    (d) This Act is a denial and limitation of home rule powers
18and functions under subsection (h) of Section 6 of Article VII
19of the Illinois Constitution.
20    Section 25. Private right of action. Any interested party
21aggrieved by a violation of this Act or any rule adopted under
22this Act by any local government or political subdivision as
23described in this Act may file suit in circuit court, in the
24county where the alleged violation occurred or where any person
25who is a party to the action resides. Actions may be brought by



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1one or more persons for and on behalf of themselves and other
2persons similarly situated.
3    Section 30. Ordinances; laws; rules void. Any legislation,
4rule, law, ordinance, or otherwise that restricts or prohibits
5in any manner the use of union security agreements between an
6employer and labor organization as authorized under 29 U.S.C.
7158(a)(3) is a violation of this Act and void.
8    Section 35. Severability. If any Section, sentence,
9clause, or part of this Act is for any reason held to be
10unconstitutional, such decision shall not affect the remaining
11portions of this Act. The General Assembly hereby declares that
12it would have passed this Act, and each Section, sentence,
13clause, or part thereof, irrespective of the fact that one or
14more Sections, sentences, clauses, or parts might be declared
16    Section 99. Effective date. This Act takes effect upon
17becoming law.