Full Text of SB1784 101st General Assembly
SB1784enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other records | 19 | | prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a local | 21 | | emergency energy plan ordinance that is adopted under | 22 | | Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by carriers | 25 | | under the Emergency Telephone System Act. | 26 | | (k) Law enforcement officer identification information |
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| 1 | | or driver identification information compiled by a law | 2 | | enforcement agency or the Department of Transportation | 3 | | under Section 11-212 of the Illinois Vehicle Code. | 4 | | (l) Records and information provided to a residential | 5 | | health care facility resident sexual assault and death | 6 | | review team or the Executive Council under the Abuse | 7 | | Prevention Review Team Act. | 8 | | (m) Information provided to the predatory lending | 9 | | database created pursuant to Article 3 of the Residential | 10 | | Real Property Disclosure Act, except to the extent | 11 | | authorized under that Article. | 12 | | (n) Defense budgets and petitions for certification of | 13 | | compensation and expenses for court appointed trial | 14 | | counsel as provided under Sections 10 and 15 of the Capital | 15 | | Crimes Litigation Act. This subsection (n) shall apply | 16 | | until the conclusion of the trial of the case, even if the | 17 | | prosecution chooses not to pursue the death penalty prior | 18 | | to trial or sentencing. | 19 | | (o) Information that is prohibited from being | 20 | | disclosed under Section 4 of the Illinois Health and | 21 | | Hazardous Substances Registry Act. | 22 | | (p) Security portions of system safety program plans, | 23 | | investigation reports, surveys, schedules, lists, data, or | 24 | | information compiled, collected, or prepared by or for the | 25 | | Regional Transportation Authority under Section 2.11 of | 26 | | the Regional Transportation Authority Act or the St. Clair |
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| 1 | | County Transit District under the Bi-State Transit Safety | 2 | | Act. | 3 | | (q) Information prohibited from being disclosed by the | 4 | | Personnel Record Records Review Act. | 5 | | (r) Information prohibited from being disclosed by the | 6 | | Illinois School Student Records Act. | 7 | | (s) Information the disclosure of which is restricted | 8 | | under Section 5-108 of the Public Utilities Act.
| 9 | | (t) All identified or deidentified health information | 10 | | in the form of health data or medical records contained in, | 11 | | stored in, submitted to, transferred by, or released from | 12 | | the Illinois Health Information Exchange, and identified | 13 | | or deidentified health information in the form of health | 14 | | data and medical records of the Illinois Health Information | 15 | | Exchange in the possession of the Illinois Health | 16 | | Information Exchange Authority due to its administration | 17 | | of the Illinois Health Information Exchange. The terms | 18 | | "identified" and "deidentified" shall be given the same | 19 | | meaning as in the Health Insurance Portability and | 20 | | Accountability Act of 1996, Public Law 104-191, or any | 21 | | subsequent amendments thereto, and any regulations | 22 | | promulgated thereunder. | 23 | | (u) Records and information provided to an independent | 24 | | team of experts under the Developmental Disability and | 25 | | Mental Health Safety Act (also known as Brian's Law ) . | 26 | | (v) Names and information of people who have applied |
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| 1 | | for or received Firearm Owner's Identification Cards under | 2 | | the Firearm Owners Identification Card Act or applied for | 3 | | or received a concealed carry license under the Firearm | 4 | | Concealed Carry Act, unless otherwise authorized by the | 5 | | Firearm Concealed Carry Act; and databases under the | 6 | | Firearm Concealed Carry Act, records of the Concealed Carry | 7 | | Licensing Review Board under the Firearm Concealed Carry | 8 | | Act, and law enforcement agency objections under the | 9 | | Firearm Concealed Carry Act. | 10 | | (w) Personally identifiable information which is | 11 | | exempted from disclosure under subsection (g) of Section | 12 | | 19.1 of the Toll Highway Act. | 13 | | (x) Information which is exempted from disclosure | 14 | | under Section 5-1014.3 of the Counties Code or Section | 15 | | 8-11-21 of the Illinois Municipal Code. | 16 | | (y) Confidential information under the Adult | 17 | | Protective Services Act and its predecessor enabling | 18 | | statute, the Elder Abuse and Neglect Act, including | 19 | | information about the identity and administrative finding | 20 | | against any caregiver of a verified and substantiated | 21 | | decision of abuse, neglect, or financial exploitation of an | 22 | | eligible adult maintained in the Registry established | 23 | | under Section 7.5 of the Adult Protective Services Act. | 24 | | (z) Records and information provided to a fatality | 25 | | review team or the Illinois Fatality Review Team Advisory | 26 | | Council under Section 15 of the Adult Protective Services |
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| 1 | | Act. | 2 | | (aa) Information which is exempted from disclosure | 3 | | under Section 2.37 of the Wildlife Code. | 4 | | (bb) Information which is or was prohibited from | 5 | | disclosure by the Juvenile Court Act of 1987. | 6 | | (cc) Recordings made under the Law Enforcement | 7 | | Officer-Worn Body Camera Act, except to the extent | 8 | | authorized under that Act. | 9 | | (dd) Information that is prohibited from being | 10 | | disclosed under Section 45 of the Condominium and Common | 11 | | Interest Community Ombudsperson Act. | 12 | | (ee) Information that is exempted from disclosure | 13 | | under Section 30.1 of the Pharmacy Practice Act. | 14 | | (ff) Information that is exempted from disclosure | 15 | | under the Revised Uniform Unclaimed Property Act. | 16 | | (gg) Information that is prohibited from being | 17 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 18 | | Code. | 19 | | (hh) Records that are exempt from disclosure under | 20 | | Section 1A-16.7 of the Election Code. | 21 | | (ii) Information which is exempted from disclosure | 22 | | under Section 2505-800 of the Department of Revenue Law of | 23 | | the Civil Administrative Code of Illinois. | 24 | | (jj) Information and reports that are required to be | 25 | | submitted to the Department of Labor by registering day and | 26 | | temporary labor service agencies but are exempt from |
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| 1 | | disclosure under subsection (a-1) of Section 45 of the Day | 2 | | and Temporary Labor Services Act. | 3 | | (kk) Information prohibited from disclosure under the | 4 | | Seizure and Forfeiture Reporting Act. | 5 | | (ll) Information the disclosure of which is restricted | 6 | | and exempted under Section 5-30.8 of the Illinois Public | 7 | | Aid Code. | 8 | | (mm) (ll) Records that are exempt from disclosure under | 9 | | Section 4.2 of the Crime Victims Compensation Act. | 10 | | (nn) (ll) Information that is exempt from disclosure | 11 | | under Section 70 of the Higher Education Student Assistance | 12 | | Act. | 13 | | (oo) Information prohibited from being disclosed under | 14 | | the Illinois Educational Labor Relations Act. | 15 | | (pp) Information prohibited from being disclosed under | 16 | | the Illinois Public Labor Relations Act. | 17 | | (qq) Information prohibited from being disclosed under | 18 | | Section 1-167 of the Illinois Pension Code. | 19 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 20 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 21 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 22 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 23 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 24 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 25 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | 26 | | 10-12-18.) |
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| 1 | | Section 10. The Illinois Public Labor Relations Act is | 2 | | amended by changing Sections 6 and 10 and by adding Section 6.5 | 3 | | as follows:
| 4 | | (5 ILCS 315/6) (from Ch. 48, par. 1606)
| 5 | | Sec. 6. Right to organize and bargain collectively; | 6 | | exclusive
representation; and fair share arrangements. | 7 | | (a) Employees of the State and
any political subdivision of | 8 | | the State, excluding employees of the General
Assembly of the | 9 | | State of Illinois and employees excluded from the definition of | 10 | | "public employee" under subsection (n) of Section 3 of this | 11 | | Act, have, and are protected in the exercise
of, the right of | 12 | | self-organization,
and may form, join or assist any labor | 13 | | organization, to bargain collectively
through representatives | 14 | | of their own choosing on questions of wages, hours
and other | 15 | | conditions of employment, not excluded by Section 4 of this | 16 | | Act,
and to engage in other concerted activities not otherwise | 17 | | prohibited by law
for the purposes of collective bargaining or | 18 | | other mutual aid or protection,
free from interference, | 19 | | restraint or coercion. Employees also have, and
are protected | 20 | | in the exercise of, the right to refrain from participating
in | 21 | | any such concerted activities. Employees may be required,
| 22 | | pursuant to the terms of a lawful fair share agreement, to pay | 23 | | a fee which
shall be their proportionate share
of the costs of | 24 | | the collective bargaining process, contract administration
and |
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| 1 | | pursuing matters affecting wages, hours and other conditions of | 2 | | employment
as defined in Section 3(g).
| 3 | | (b) Nothing in this Act prevents an employee from | 4 | | presenting a grievance
to the employer and having the grievance | 5 | | heard and settled without the
intervention of an employee | 6 | | organization; provided that the exclusive
bargaining | 7 | | representative is afforded the opportunity to be present at | 8 | | such
conference and that any settlement made shall not be | 9 | | inconsistent with the
terms of any agreement in effect between | 10 | | the employer and the exclusive
bargaining representative.
| 11 | | (c) A labor organization designated by the Board as the | 12 | | representative
of the majority of public employees in an | 13 | | appropriate unit in accordance
with the procedures herein or | 14 | | recognized
by a public employer as the representative of the | 15 | | majority of public employees
in an appropriate unit is the | 16 | | exclusive representative for the employees
of such unit for the | 17 | | purpose of collective bargaining with respect to rates
of pay, | 18 | | wages, hours and other conditions of employment not excluded by
| 19 | | Section 4 of this Act. Unless otherwise mutually agreed, a A | 20 | | public employer is required at least once each month and upon | 21 | | request , to furnish the exclusive bargaining representative | 22 | | with a complete list of the names and addresses of the public | 23 | | employees in the bargaining unit, provided that a public | 24 | | employer shall not be required to furnish such a list more than | 25 | | once per payroll period. The exclusive bargaining | 26 | | representative shall use the list exclusively for bargaining |
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| 1 | | representation purposes and shall not disclose any information | 2 | | contained in the list for any other purpose. Nothing in this | 3 | | Section, however, shall prohibit a bargaining representative | 4 | | from disseminating a list of its union members.
| 5 | | At the time the public employer provides such list, it | 6 | | shall also provide to the exclusive representative, in an Excel | 7 | | file or other mutually agreed upon editable digital file | 8 | | format, the employee's job title, worksite location, work | 9 | | telephone numbers, identification number if available, and any | 10 | | home and personal cellular telephone numbers on file with the | 11 | | employer, date of hire, work email address, and any personal | 12 | | email address on file with the employer. In addition, unless | 13 | | otherwise mutually agreed, within 10 calendar days from the | 14 | | date of hire of a bargaining unit employee, the public employer | 15 | | shall provide to the exclusive representative, in an electronic | 16 | | file or other mutually agreed upon format, the following | 17 | | information about the new employee: the employee's name, job | 18 | | title, worksite location, home address, work telephone | 19 | | numbers, and any home and personal cellular telephone numbers | 20 | | on file with the employer, date of hire, work email address, | 21 | | and any personal email address on file with the employer. | 22 | | (c-5) No employer shall disclose the following information | 23 | | of any employee: (1) the employee's home address (including ZIP | 24 | | code and county); (2) the employee's date of birth; (3) the | 25 | | employee's home and personal phone number; (4) the employee's | 26 | | personal email address; (5) any information personally |
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| 1 | | identifying employee membership or membership status in a labor | 2 | | organization or other voluntary association affiliated with a | 3 | | labor organization or a labor federation (including whether | 4 | | employees are members of such organization, the identity of | 5 | | such organization, whether or not employees pay or authorize | 6 | | the payment of any dues or moneys to such organization, and the | 7 | | amounts of such dues or moneys); and (6) emails or other | 8 | | communications between a labor organization and its members. | 9 | | As soon as practicable after receiving a request for any | 10 | | information prohibited from disclosure under this subsection | 11 | | (c-5), excluding a request from the exclusive bargaining | 12 | | representative of the employee, the employer must provide a | 13 | | written copy of the request, or a written summary of any oral | 14 | | request, to the exclusive bargaining representative of the | 15 | | employee or, if no such representative exists, to the employee. | 16 | | The employer must also provide a copy of any response it has | 17 | | made within 5 business days of sending the response to any | 18 | | request. | 19 | | If an employer discloses information in violation of this | 20 | | subsection (c-5), an aggrieved employee of the employer or his | 21 | | or her exclusive bargaining representative may file an unfair | 22 | | labor practice charge with the Illinois Labor Relations Board | 23 | | pursuant to Section 10 of this Act or commence an action in the | 24 | | circuit court to enforce the provisions of this Act, including | 25 | | actions to compel compliance, if an employer willfully and | 26 | | wantonly discloses information in violation of this |
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| 1 | | subsection. The circuit court for the county in which the | 2 | | complainant resides, in which the complainant is employed, or | 3 | | in which the employer is located shall have jurisdiction in | 4 | | this matter. | 5 | | This subsection does not apply to disclosures (i) required | 6 | | under the Freedom of Information Act, (ii) for purposes of | 7 | | conducting public operations or business, or (iii) to the | 8 | | exclusive representative. | 9 | | (c-10) Employers shall provide to exclusive | 10 | | representatives, including their agents and employees, | 11 | | reasonable access to employees in the bargaining units they | 12 | | represent. This access shall at all times be conducted in a | 13 | | manner so as not to impede normal operations. | 14 | | (1) Access includes the following: | 15 | | (A) the right to meet with one or more employees on | 16 | | the employer's premises during the work day to | 17 | | investigate and discuss grievances and | 18 | | workplace-related complaints without charge to pay or | 19 | | leave time of employees or agents of the exclusive | 20 | | representative; | 21 | | (B) the right to conduct worksite meetings during | 22 | | lunch and other non-work breaks, and before and after | 23 | | the workday, on the employer's premises to discuss | 24 | | collective bargaining negotiations, the administration | 25 | | of collective bargaining agreements, other matters | 26 | | related to the duties of the exclusive representative, |
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| 1 | | and internal matters involving the governance or | 2 | | business of the exclusive representative, without | 3 | | charge to pay or leave time of employees or agents of | 4 | | the exclusive representative; | 5 | | (C) the right to meet with newly hired employees, | 6 | | without charge to pay or leave time of the employees or | 7 | | agents of the exclusive representative, on the | 8 | | employer's premises or at a location mutually agreed to | 9 | | by the employer and exclusive representative for up to | 10 | | one hour either within the first two weeks of | 11 | | employment in the bargaining unit or at a later date | 12 | | and time if mutually agreed upon by the employer and | 13 | | the exclusive representative; and | 14 | | (D) the right to use the facility mailboxes and | 15 | | bulletin boards of the employer to communicate with | 16 | | bargaining unit employees regarding collective | 17 | | bargaining negotiations, the administration of the | 18 | | collective bargaining agreements, the investigation of | 19 | | grievances, other workplace-related complaints and | 20 | | issues, and internal matters involving the governance | 21 | | or business of the exclusive representative. | 22 | | (2) Nothing in this Section shall prohibit an employer | 23 | | and exclusive representative from agreeing in a collective | 24 | | bargaining agreement to provide the exclusive | 25 | | representative greater access to bargaining unit | 26 | | employees, including through the use of the employer's |
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| 1 | | email system. | 2 | | (d) Labor organizations recognized by a public employer as | 3 | | the exclusive
representative or so designated in accordance | 4 | | with the provisions of this
Act are responsible for | 5 | | representing the interests of all public employees
in the unit. | 6 | | Nothing herein shall be construed to limit an exclusive
| 7 | | representative's right to exercise its discretion to refuse to | 8 | | process
grievances of employees that are unmeritorious.
| 9 | | (e) When a collective bargaining agreement is entered into | 10 | | with an exclusive
representative, it may include in the | 11 | | agreement a provision requiring employees
covered by the | 12 | | agreement who are not members of the organization to pay
their | 13 | | proportionate share of the costs of the collective bargaining | 14 | | process,
contract administration and pursuing matters | 15 | | affecting wages, hours and
conditions of employment, as defined | 16 | | in Section 3 (g), but not to exceed
the amount of dues | 17 | | uniformly required of members. The organization shall
certify | 18 | | to the employer the amount constituting each nonmember | 19 | | employee's
proportionate share which shall not exceed dues | 20 | | uniformly required of members.
In such case, the proportionate | 21 | | share payment in this Section shall be deducted
by the employer | 22 | | from the earnings of the nonmember employees and paid to
the | 23 | | employee organization.
| 24 | | (f) Employers shall make Only the exclusive representative | 25 | | may negotiate
provisions in a collective bargaining agreement | 26 | | providing for the payroll deductions
deduction of labor |
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| 1 | | organization dues, fair share payment, initiation fees ,
and | 2 | | assessments , and other payments for a labor organization that | 3 | | is the exclusive representative . Such Except as provided in | 4 | | subsection (e) of this Section, any
such deductions shall only | 5 | | be made in accordance with the terms of upon an employee's | 6 | | written
authorization, and continued until revoked in writing | 7 | | in the same manner or
until the termination date of an | 8 | | applicable collective bargaining
agreement. Such payments | 9 | | shall be paid to the exclusive representative. Written | 10 | | authorization may be evidenced by electronic communications, | 11 | | and such writing or communication may be evidenced by the | 12 | | electronic signature of the employee as provided under Section | 13 | | 5-120 of the Electronic Commerce Security Act.
| 14 | | There is no impediment to an employee's right to resign | 15 | | union membership at any time. However, notwithstanding any | 16 | | other provision of law to the contrary regarding authorization | 17 | | and deduction of dues or other payments to a labor | 18 | | organization, the exclusive representative and a public | 19 | | employee may agree to reasonable limits on the right of the | 20 | | employee to revoke such authorization, including a period of | 21 | | irrevocability that exceeds one year. An authorization that is | 22 | | irrevocable for one year, which may be automatically renewed | 23 | | for successive annual periods in accordance with the terms of | 24 | | the authorization, and that contains at least an annual 10-day | 25 | | period of time during which the employee may revoke the | 26 | | authorization, shall be deemed reasonable. |
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| 1 | | This Section shall apply to all claims that allege that a | 2 | | labor organization or a public employer has improperly deducted | 3 | | or collected dues from an employee without regard to whether | 4 | | the claims or the facts upon which they are based occurred | 5 | | before, on, or after the effective date of this amendatory Act | 6 | | of the 101st General Assembly and shall apply retroactively to | 7 | | the maximum extent permitted by law. | 8 | | (f-5) Where a collective bargaining agreement is | 9 | | terminated, or continues in effect beyond its scheduled | 10 | | expiration date pending the negotiation of a successor | 11 | | agreement or the resolution of an impasse under Section 14, the | 12 | | employer shall continue to honor and abide by any dues | 13 | | deduction or fair share clause contained therein until a new | 14 | | agreement is reached including dues deduction or a fair share | 15 | | clause. For the benefit of any successor exclusive | 16 | | representative certified under this Act, this provision shall | 17 | | be applicable, provided the successor exclusive | 18 | | 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 | 26 | | share clauses for the benefit of any exclusive representative, |
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| 1 | | including a successor, shall be a violation of the duty to | 2 | | bargain and an unfair labor practice.
| 3 | | (f-10) Upon receiving written notice of authorization, the | 4 | | public employer must commence dues deductions as soon as | 5 | | practicable, but in no case later than 30 days after receiving | 6 | | notice from the labor organization. Employee deductions shall | 7 | | be transmitted to the labor organization no later than 30 days | 8 | | after they are deducted unless a shorter period is mutually | 9 | | agreed to. | 10 | | (f-15) Deductions shall remain in effect until: | 11 | | (1) the public employer receives notice that a public | 12 | | employee has revoked their authorization in writing in | 13 | | accordance with the terms of the authorization; or | 14 | | (2) the individual employee is no longer employed by | 15 | | the public employer in a bargaining unit position | 16 | | represented by the same exclusive representative, provided | 17 | | that if the employee is, within a period of one year, | 18 | | employed by the same public employer in a position | 19 | | represented by the same labor organization, the right to | 20 | | dues deduction shall be automatically reinstated. | 21 | | Nothing in this subsection prevents an employee from | 22 | | continuing to authorize payroll deductions when no longer | 23 | | represented by the exclusive representative that would receive | 24 | | such deduction. | 25 | | Should the individual employee who has signed a dues | 26 | | deduction authorization card either be removed from a public |
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| 1 | | employer's payroll or otherwise placed on any type of | 2 | | involuntary or voluntary leave of absence, whether paid or | 3 | | unpaid, the public employee's dues deduction shall be continued | 4 | | upon that public employee's return to the payroll in a | 5 | | bargaining unit position represented by the same exclusive | 6 | | representative or restoration to active duty from such a leave | 7 | | of absence. | 8 | | (f-20) Unless otherwise mutually agreed by the public | 9 | | employer and the exclusive representative, employee requests | 10 | | to authorize, revoke, cancel, or change authorizations for | 11 | | payroll deductions for labor organizations shall be directed to | 12 | | the labor organization rather than to the public employer. The | 13 | | labor organization shall be responsible for initially | 14 | | processing and notifying the public employer of proper requests | 15 | | or providing proper requests to the employer. If the requests | 16 | | are not provided to the public employer, the employer shall | 17 | | rely on information provided by the labor organization | 18 | | regarding whether deductions for a labor organization were | 19 | | properly authorized, revoked, canceled, or changed, and the | 20 | | labor organization shall indemnify the public employer for any | 21 | | damages and reasonable costs incurred for any claims made by | 22 | | employees for deductions made in good faith reliance on that | 23 | | information. | 24 | | (f-25) Upon receipt by the exclusive representative of an | 25 | | appropriate written authorization from an employee, written | 26 | | notice of authorization shall be provided to the employer and |
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| 1 | | any authorized deductions shall be made in accordance with law. | 2 | | The labor organization shall indemnify the public employer for | 3 | | any damages and reasonable costs incurred for any claims made | 4 | | by employees for deductions made in good faith reliance on its | 5 | | notification. | 6 | | (f-30) The failure of an employer to comply with the | 7 | | provisions of this Section shall be a violation of the duty to | 8 | | bargain and an unfair labor practice. Relief for the violation | 9 | | shall be reimbursement by the public employer of dues that | 10 | | should have been deducted or paid based on a valid | 11 | | authorization given by the employee or employees. In addition, | 12 | | the provisions of a collective bargaining agreement that | 13 | | contain the obligations set forth in this Section may be | 14 | | enforced in accordance with Sections 8 and 16. | 15 | | (f-35) The Illinois Labor Relations Board shall have | 16 | | exclusive jurisdiction over claims under Illinois law that | 17 | | allege that a labor organization has unlawfully collected dues | 18 | | from a public employee in violation of this Act. The Board | 19 | | shall by rule require that in cases in which a public employee | 20 | | alleges that a labor organization has unlawfully collected | 21 | | dues, the public employer shall continue to deduct the | 22 | | employee's dues from the employee's pay, but shall transmit the | 23 | | dues to the Board for deposit in an escrow account maintained | 24 | | by the Board. If the exclusive representative maintains an | 25 | | escrow account for the purpose of holding dues to which an | 26 | | employee has objected, the employer shall transmit the entire |
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| 1 | | amount of dues to the exclusive representative, and the | 2 | | exclusive representative shall hold in escrow the dues that the | 3 | | employer would otherwise have been required to transmit to the | 4 | | Board for escrow; provided that the escrow account maintained | 5 | | by the exclusive representative complies with rules adopted by | 6 | | the Board or that the collective bargaining agreement requiring | 7 | | the payment of the dues contains an indemnification provision | 8 | | for the purpose of indemnifying the employer with respect to | 9 | | the employer's transmission of dues to the exclusive | 10 | | representative. | 11 | | (f-40) If any clause, sentence, paragraph, or subparagraph | 12 | | of this Section shall be adjudged by a court of competent | 13 | | jurisdiction to be unconstitutional or otherwise invalid, that | 14 | | judgment shall not affect, impair, or invalidate the remainder | 15 | | thereof, but shall be confined in its operation to the clause, | 16 | | sentence, paragraph, or subparagraph of this Section directly | 17 | | involved in the controversy in which that judgment shall have | 18 | | been rendered. | 19 | | If any clause, sentence, paragraph, or part of a signed | 20 | | authorization for payroll deductions shall be adjudged by a | 21 | | court of competent jurisdiction to be unconstitutional or | 22 | | otherwise invalid, that judgment shall not affect, impair, or | 23 | | invalidate the remainder of the signed authorization, but shall | 24 | | be confined in its operation to the clause, sentence, | 25 | | paragraph, or part of the signed authorization directly | 26 | | involved in the controversy in which that judgment shall have |
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| 1 | | been rendered. | 2 | | (g) Agreements containing a fair share agreement must | 3 | | safeguard the right
of nonassociation of employees based upon | 4 | | bona fide religious tenets or
teachings of a church or | 5 | | religious body of which such employees are members.
Such | 6 | | employees may be required to pay an amount equal to their fair | 7 | | share,
determined under a lawful fair share agreement, to a | 8 | | nonreligious charitable
organization mutually agreed upon by | 9 | | the employees affected and the exclusive
bargaining | 10 | | representative to which such employees would otherwise pay such
| 11 | | service fee. If the affected employees and the bargaining | 12 | | representative
are unable to reach an agreement on the matter, | 13 | | the Board may establish an
approved list of charitable | 14 | | organizations to which such payments may be made.
| 15 | | (Source: P.A. 97-1172, eff. 4-5-13.)
| 16 | | (5 ILCS 315/6.5 new) | 17 | | Sec. 6.5. Defense to liability. | 18 | | (a) The General Assembly declares that public employees who | 19 | | paid agency or fair share fees as a condition of public | 20 | | employment in accordance with State laws and United States | 21 | | Supreme Court precedent prior to June 27, 2018 had no | 22 | | legitimate expectation of receiving that money back under any | 23 | | then available cause of action. Public employers and labor | 24 | | organizations who relied on State law and Supreme Court | 25 | | precedent in deducting and accepting those fees were not liable |
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| 1 | | to refund them. Agency or fair share fees were paid for | 2 | | collective bargaining representation that employee | 3 | | organizations were obligated by State law to provide to | 4 | | employees. Additionally, it should be presumed that employees | 5 | | who signed written membership or dues authorization agreements | 6 | | prior to this time knew and freely accepted the contractual | 7 | | obligations set forth in those agreements. Application of this | 8 | | Section to claims pending on the effective date of this | 9 | | amendatory Act of the 101st General Assembly will preserve, | 10 | | rather than interfere with, important reliance interests. This | 11 | | Section is therefore necessary to provide certainty to public | 12 | | employers and labor organizations that relied on State law and | 13 | | to avoid disruption of public employee labor relations after | 14 | | the United States Supreme Court's decision in Janus v. AFSCME | 15 | | Council 31, 138 S. Ct. 2448 (2018). | 16 | | (b) No public employer or labor organization, or any of its | 17 | | employees or agents, shall be liable for, and they shall have a | 18 | | complete defense to, any claims or actions under the laws of | 19 | | this State for requiring, deducting, receiving, or retaining | 20 | | dues, agency fees, or fair share fees from public employees, | 21 | | and current or former public employees shall not have standing | 22 | | to pursue these claims or actions if the dues or fees were | 23 | | permitted under the laws of this State then in force and paid, | 24 | | through payroll deduction or otherwise, prior to June 27, 2018. | 25 | | (c) This Section shall apply to claims and actions pending | 26 | | on the effective date of this amendatory Act of the 101st |
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| 1 | | General Assembly, as well to claims and actions on or after | 2 | | that date. | 3 | | (d) This Section is a declaration of existing law and shall | 4 | | not be construed as a new enactment.
| 5 | | (5 ILCS 315/10) (from Ch. 48, par. 1610)
| 6 | | Sec. 10. Unfair labor practices.
| 7 | | (a) It shall be an unfair labor practice
for an employer or | 8 | | its agents:
| 9 | | (1) to interfere with, restrain or coerce public | 10 | | employees in the
exercise of the rights guaranteed in this | 11 | | Act or to dominate or interfere
with the formation, | 12 | | existence or administration of any labor organization
or | 13 | | contribute financial or other support to it; provided, an | 14 | | employer shall
not be prohibited from permitting employees | 15 | | to confer with him during
working hours without loss of | 16 | | time or pay;
| 17 | | (2) to discriminate in regard to hire or tenure of | 18 | | employment or any term
or condition of employment in order | 19 | | to encourage or discourage membership
in or other support | 20 | | for any labor organization. Nothing in this Act or any
| 21 | | other law precludes a public employer from making an | 22 | | agreement with a labor
organization to require as a | 23 | | condition of employment the payment of a fair
share under | 24 | | paragraph (e) of Section 6;
| 25 | | (3) to discharge or otherwise discriminate against a |
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| 1 | | public employee because
he has signed or filed an | 2 | | affidavit, petition or charge or provided any
information | 3 | | or testimony under this Act;
| 4 | | (4) to refuse to bargain collectively in good faith | 5 | | with a labor
organization which is the exclusive | 6 | | representative of public employees in
an appropriate unit, | 7 | | including, but not limited to, the discussing of
grievances | 8 | | with the exclusive representative;
| 9 | | (5) to violate any of the rules and regulations | 10 | | established by the Board
with jurisdiction over them | 11 | | relating to the conduct of representation elections
or the | 12 | | conduct affecting the representation elections;
| 13 | | (6) to expend or cause the expenditure of public funds | 14 | | to any external
agent, individual, firm, agency, | 15 | | partnership or association in any attempt
to influence the | 16 | | outcome of representational elections held pursuant to
| 17 | | Section 9 of this Act; provided, that nothing in this | 18 | | subsection shall be
construed to limit an employer's right | 19 | | to internally communicate with its
employees as provided in | 20 | | subsection (c) of this Section, to be represented
on any | 21 | | matter pertaining to unit determinations, unfair labor | 22 | | practice
charges or pre-election conferences in any formal | 23 | | or informal proceeding
before the Board, or to seek or | 24 | | obtain advice from legal counsel.
Nothing in this paragraph | 25 | | shall be construed to prohibit an employer from
expending | 26 | | or causing the expenditure of public funds on, or seeking |
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| 1 | | or
obtaining services or advice from, any organization, | 2 | | group, or association
established by and including public | 3 | | or educational employers, whether
covered by this Act, the | 4 | | Illinois Educational 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; or
| 11 | | (7) to refuse to reduce a collective bargaining | 12 | | agreement to writing
or to refuse to sign such agreement ; .
| 13 | | (8) to interfere with, restrain, coerce, deter, or | 14 | | discourage public employees or applicants to be public | 15 | | employees from: (i) becoming or remaining members of a | 16 | | labor organization; (ii) authorizing representation by a | 17 | | labor organization; or (iii) authorizing dues or fee | 18 | | deductions to a labor organization, nor shall the employer | 19 | | intentionally permit outside third parties to use its email | 20 | | or other communication systems to engage in that conduct. | 21 | | An employer's good faith implementation of a policy to | 22 | | block the use of its email or other communication systems | 23 | | for such purposes shall be a defense to an unfair labor | 24 | | practice; or | 25 | | (9) to disclose to any person or entity information set | 26 | | forth in subsection (c-5) of Section 6 of this Act that the |
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| 1 | | employer knows or should know will be used to interfere | 2 | | with, restrain, coerce, deter, or discourage any public | 3 | | employee from: (i) becoming or remaining members of a labor | 4 | | organization, (ii) authorizing representation by a labor | 5 | | organization, or (iii) authorizing dues or fee deductions | 6 | | to a labor organization. | 7 | | (b) It shall be an unfair labor practice for a labor | 8 | | organization or its agents:
| 9 | | (1) to restrain or coerce public employees in the | 10 | | exercise of the rights
guaranteed in this Act, provided, | 11 | | (i) that this paragraph shall
not impair the right of a | 12 | | labor organization to prescribe its own rules
with respect | 13 | | to the acquisition or retention of membership therein or | 14 | | the
determination of fair share payments and (ii) that a | 15 | | labor organization
or its agents shall commit an unfair | 16 | | labor practice under this paragraph in
duty of fair | 17 | | representation cases only by intentional misconduct in
| 18 | | representing employees under this Act;
| 19 | | (2) to restrain or coerce a public employer in the | 20 | | selection of his
representatives for the purposes of | 21 | | collective bargaining or the settlement
of grievances; or
| 22 | | (3) to cause, or attempt to cause, an employer to | 23 | | discriminate against
an employee in violation of | 24 | | subsection (a)(2);
| 25 | | (4) to refuse to bargain collectively in good faith | 26 | | with a public employer,
if it has been designated in |
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| 1 | | accordance with the provisions of this Act
as the exclusive | 2 | | representative of public employees in an appropriate unit;
| 3 | | (5) to violate any of the rules and regulations | 4 | | established by the
boards with jurisdiction over them | 5 | | relating to the conduct of
representation elections or the | 6 | | conduct affecting the representation elections;
| 7 | | (6) to discriminate against any employee because he has | 8 | | signed or filed
an affidavit, petition or charge or | 9 | | provided any information or testimony
under this Act;
| 10 | | (7) to picket or cause to be picketed, or threaten to | 11 | | picket or cause
to be picketed, any public employer where | 12 | | an object thereof is forcing or
requiring an employer to | 13 | | recognize or bargain with a labor organization
of the | 14 | | representative of its employees, or forcing or requiring | 15 | | the employees
of an employer to accept or select such labor | 16 | | organization as their collective
bargaining | 17 | | representative, unless such labor organization is | 18 | | currently
certified as the representative of such | 19 | | employees:
| 20 | | (A) where the employer has lawfully recognized in | 21 | | accordance with this
Act any labor organization and a | 22 | | question concerning representation may
not | 23 | | appropriately be raised under Section 9 of this Act;
| 24 | | (B) where within the preceding 12 months a valid | 25 | | election under Section
9 of this Act has been | 26 | | conducted; or
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| 1 | | (C) where such picketing has been conducted | 2 | | without a petition under Section
9 being filed within a | 3 | | reasonable period of time not to exceed 30 days from
| 4 | | the commencement of such picketing; provided that when | 5 | | such a petition has
been filed the Board shall | 6 | | forthwith, without regard to the provisions of
| 7 | | subsection (a) of Section 9 or the absence of a showing | 8 | | of a substantial
interest on the part of the labor | 9 | | organization, direct an election in such
unit as the | 10 | | Board finds to be appropriate and shall certify the | 11 | | results
thereof; provided further, that nothing in | 12 | | this subparagraph shall be construed
to prohibit any | 13 | | picketing or other publicity for the purpose of | 14 | | truthfully
advising the public that an employer does | 15 | | not employ members of, or have a
contract with, a labor | 16 | | organization unless an effect of such picketing is
to | 17 | | induce any individual employed by any other person in | 18 | | the course of his
employment, not to pick up, deliver, | 19 | | or transport any goods or not to
perform any services; | 20 | | or
| 21 | | (8) to refuse to reduce a collective bargaining | 22 | | agreement to writing
or to refuse to sign such agreement.
| 23 | | (c) The expressing of any views, argument, or opinion or | 24 | | the
dissemination thereof, whether in written, printed, | 25 | | graphic, or visual
form, shall not constitute or be evidence of | 26 | | an unfair labor practice under
any of the provisions of this |
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| 1 | | Act, if such expression contains no threat of
reprisal or force | 2 | | or promise of benefit.
| 3 | | (d) The employer shall not discourage public employees or | 4 | | applicants to be public employees from becoming or remaining | 5 | | union members or authorizing dues deductions, and shall not | 6 | | otherwise interfere with the relationship between employees | 7 | | and their exclusive bargaining representative. The employer | 8 | | shall refer all inquiries about union membership to the | 9 | | exclusive bargaining representative, except that the employer | 10 | | may communicate with employees regarding payroll processes and | 11 | | procedures. The employer will establish email policies in an | 12 | | effort to prohibit the use of its email system by outside | 13 | | sources. | 14 | | (Source: P.A. 86-412; 87-736 .)
| 15 | | Section 15. The State Comptroller Act is amended by | 16 | | changing Section 20 as follows:
| 17 | | (15 ILCS 405/20) (from Ch. 15, par. 220)
| 18 | | Sec. 20. Annual report. The Comptroller shall annually, as | 19 | | soon as possible after the close
of the fiscal year but no | 20 | | later than December 31, make out and present
to the Governor, | 21 | | the President of the Senate, the Speaker of the House
of | 22 | | Representatives, the Minority Leader of the Senate, and the | 23 | | Minority
Leader of the House of Representatives a report, | 24 | | showing the amount of
warrants drawn on the treasury, on other |
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| 1 | | funds held by the State
Treasurer and on any public funds held | 2 | | by State agencies, during the
preceding fiscal year, and | 3 | | stating, particularly, on what account they
were drawn, and if | 4 | | drawn on the contingent fund, to whom and for what
they were | 5 | | issued. He or she shall, also, at the same time, report to the
| 6 | | Governor, the President of the Senate, the Speaker of the House | 7 | | of
Representatives, the Minority Leader of the Senate, and the | 8 | | Minority
Leader of the House of Representatives the amount of | 9 | | money received into
the treasury, into other funds held by the | 10 | | State Treasurer and into any
other funds held by State agencies | 11 | | during the preceding fiscal year, and
stating particularly, the | 12 | | source from which the same may be derived, and
also a general | 13 | | account of all the business of his office during the
preceding | 14 | | fiscal year. The report shall also summarize for the previous
| 15 | | fiscal year the information required under Section 19.
| 16 | | Within 60 days after the expiration of each calendar year, | 17 | | the Comptroller
shall compile, from records maintained and | 18 | | available in his
office, a list of all persons including those | 19 | | employed in the Office of the Comptroller, who have been | 20 | | employed by the State during the past
calendar year and paid | 21 | | from funds in the hands of the State Treasurer.
| 22 | | The list shall be arranged according to counties and shall | 23 | | state in
alphabetical order the name of each employee, the | 24 | | address in the county
in which he votes, except as specified | 25 | | below, the position , and the
total salary paid to him or her | 26 | | during
the past calendar year, rounded to the nearest hundred |
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| 1 | | dollar. For persons employed by the Department of
Corrections, | 2 | | Department of Children and Family Services, Department of | 3 | | Juvenile Justice, Office of the State's Attorneys Appellate | 4 | | Prosecutor, and the Department
of State Police, as well as | 5 | | their spouses, no address shall be listed. The list so compiled | 6 | | and
arranged shall be kept
on file in the office of the | 7 | | Comptroller and be open to inspection by
the public at all | 8 | | times.
| 9 | | No person who utilizes the names obtained from this list | 10 | | for solicitation
shall represent that such solicitation is | 11 | | authorized by any officer or agency
of the State of Illinois. | 12 | | Violation of this provision is a Business Offense
punishable by | 13 | | a fine not to exceed $3,000.
| 14 | | (Source: P.A. 100-253, eff. 1-1-18 .)
| 15 | | Section 20. The Illinois Pension Code is amended by adding | 16 | | Section 1-167 as follows: | 17 | | (40 ILCS 5/1-167 new) | 18 | | Sec. 1-167. Prohibited disclosures. No pension fund or | 19 | | retirement system subject to this Code shall disclose the | 20 | | following information of any members or participants of any | 21 | | pension fund or retirement system: (1) the individual's home | 22 | | address (including ZIP code and county); (2) the individual's | 23 | | date of birth; (3) the individual's home and personal phone | 24 | | number; (4) the individual's personal email address; (5) |
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| 1 | | personally identifying member or participant deduction | 2 | | information; or (6) any membership status in a labor | 3 | | organization or other voluntary association affiliated with a | 4 | | labor organization or labor federation (including whether | 5 | | participants are members of such organization, the identity of | 6 | | such organization, whether or not participants pay or authorize | 7 | | the payment of any dues or moneys to such organization, and the | 8 | | amounts of such dues or moneys). | 9 | | This Section does not apply to disclosures (i) required | 10 | | under the Freedom of Information Act, (ii) for purposes of | 11 | | conducting public operations or business, or (iii) to a labor | 12 | | organization or other voluntary association affiliated with a | 13 | | labor organization or labor federation. | 14 | | Section 25. The Illinois Fire Protection Training Act is | 15 | | amended by changing Section 8 as follows:
| 16 | | (50 ILCS 740/8) (from Ch. 85, par. 538)
| 17 | | Sec. 8. Rules and minimum standards for schools. The Office
| 18 | | shall adopt rules and minimum standards for such
schools which | 19 | | shall include but not be limited to the following:
| 20 | | a. Minimum courses of study, resources, facilities, | 21 | | apparatus,
equipment, reference material, established | 22 | | records and procedures as
determined by the Office.
| 23 | | b. Minimum requirements for instructors.
| 24 | | c. Minimum basic training requirements, which a |
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| 1 | | trainee must
satisfactorily complete before being eligible | 2 | | for permanent employment
as a fire fighter in the fire | 3 | | department of a participating local
governmental agency.
| 4 | | Those requirements shall include training in first aid | 5 | | (including
cardiopulmonary resuscitation) , and training in | 6 | | the administration of opioid antagonists as defined in | 7 | | paragraph (1) of subsection (e) of Section 5-23 of the | 8 | | Substance Use Disorder Act , and training in the history of | 9 | | the fire service labor movement using curriculum and | 10 | | instructors provided by a statewide organization | 11 | | representing professional union firefighters in Illinois .
| 12 | | (Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19 .)
| 13 | | Section 30. The Illinois Educational Labor Relations Act is | 14 | | amended by changing Sections 3 and 14 and by adding Sections | 15 | | 11.1 and 11.2 as follows:
| 16 | | (115 ILCS 5/3) (from Ch. 48, par. 1703)
| 17 | | Sec. 3. Employee rights ; exclusive representative rights . | 18 | | (a) It shall be lawful for educational employees
to | 19 | | organize, form, join, or assist in employee organizations or | 20 | | engage in
lawful concerted activities for the purpose of | 21 | | collective bargaining or
other mutual aid and protection or | 22 | | bargain collectively through representatives
of their own free | 23 | | choice and, except as provided in Section 11, such employees
| 24 | | shall also have the right to refrain from any or all such |
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| 1 | | activities.
| 2 | | (b) Representatives selected by educational employees in a | 3 | | unit appropriate
for collective bargaining purposes shall be | 4 | | the exclusive representative
of all the employees in such unit | 5 | | to
bargain on wages, hours, terms and conditions of employment. | 6 | | However,
any individual employee or a group of employees may at | 7 | | any time present
grievances to their employer and have them | 8 | | adjusted without the intervention
of the bargaining | 9 | | representative as long as the adjustment is not inconsistent
| 10 | | with the terms of a collective bargaining agreement then in | 11 | | effect, provided
that the bargaining representative has been | 12 | | given an opportunity to be present
at such adjustment.
| 13 | | (c) Employers shall provide to exclusive representatives, | 14 | | including their agents and employees, reasonable access to and | 15 | | information about employees in the bargaining units they | 16 | | represent. This access shall at all times be conducted in a | 17 | | manner so as not to impede normal operations. | 18 | | (1) Access includes the following: | 19 | | (A) the right to meet with one or more employees on | 20 | | the employer's premises during the work day to | 21 | | investigate and discuss grievances and | 22 | | workplace-related complaints without charge to pay or | 23 | | leave time of employees or agents of the exclusive | 24 | | representative; | 25 | | (B) the right to conduct worksite meetings during | 26 | | lunch and other non-work breaks, and before and after |
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| 1 | | the workday, on the employer's premises to discuss | 2 | | collective bargaining negotiations, the administration | 3 | | of collective bargaining agreements, other matters | 4 | | related to the duties of the exclusive representative, | 5 | | and internal matters involving the governance or | 6 | | business of the exclusive representative, without | 7 | | charge to pay or leave time of employees or agents of | 8 | | the exclusive representative; | 9 | | (C) the right to meet with newly hired employees, | 10 | | without charge to pay or leave time of the employees or | 11 | | agents of the exclusive representative, on the | 12 | | employer's premises or at a location mutually agreed to | 13 | | by the employer and exclusive representative for up to | 14 | | one hour either within the first two weeks of | 15 | | employment in the bargaining unit or at a later date | 16 | | and time if mutually agreed upon by the employer and | 17 | | the exclusive representative; and | 18 | | (D) the right to use the facility mailboxes and | 19 | | bulletin boards of the employer to communicate with | 20 | | bargaining unit employees regarding collective | 21 | | bargaining negotiations, the administration of the | 22 | | collective bargaining agreements, the investigation of | 23 | | grievances, other workplace-related complaints and | 24 | | issues, and internal matters involving the governance | 25 | | or business of the exclusive representative. | 26 | | Nothing in this Section shall prohibit an employer and |
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| 1 | | exclusive representative from agreeing in a collective | 2 | | bargaining agreement to provide the exclusive | 3 | | representative greater access to bargaining unit | 4 | | employees, including through the use of the employer's | 5 | | email system. | 6 | | (2) Information about employees includes, but is not | 7 | | limited to, the following: | 8 | | (A) within 10 calendar days from the beginning of | 9 | | every school term and every 30 calendar days thereafter | 10 | | in the school term, in an Excel file or other editable | 11 | | digital file format agreed to by the exclusive | 12 | | representative, the employee's name, job title, | 13 | | worksite location, home address, work telephone | 14 | | numbers, identification number if available, and any | 15 | | home and personal cellular telephone numbers on file | 16 | | with the employer, date of hire, work email address, | 17 | | and any personal email address on file with the | 18 | | employer; and | 19 | | (B) unless otherwise mutually agreed upon, within | 20 | | 10 calendar days from the date of hire of a bargaining | 21 | | unit employee, in an electronic file or other format | 22 | | agreed to by the exclusive representative, the | 23 | | employee's name, job title, worksite location, home | 24 | | address, work telephone numbers, and any home and | 25 | | personal cellular telephone numbers on file with the | 26 | | employer, date of hire, work email address, and any |
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| 1 | | personal email address on file with the employer. | 2 | | (d) No employer shall disclose the following information of | 3 | | any employee: (1) the employee's home address (including ZIP | 4 | | code and county); (2) the employee's date of birth; (3) the | 5 | | employee's home and personal phone number; (4) the employee's | 6 | | personal email address; (5) any information personally | 7 | | identifying employee membership or membership status in a labor | 8 | | organization or other voluntary association affiliated with a | 9 | | labor organization or a labor federation (including whether | 10 | | employees are members of such organization, the identity of | 11 | | such organization, whether or not employees pay or authorize | 12 | | the payment of any dues of moneys to such organization, and the | 13 | | amounts of such dues or moneys); and (6) emails or other | 14 | | communications between a labor organization and its members. | 15 | | As soon as practicable after receiving a request for any | 16 | | information prohibited from disclosure under this subsection | 17 | | (d), excluding a request from the exclusive bargaining | 18 | | representative of the employee, the employer must provide a | 19 | | written copy of the request, or a written summary of any oral | 20 | | request, to the exclusive bargaining representative of the | 21 | | employee or, if no such representative exists, to the employee. | 22 | | The employer must also provide a copy of any response it has | 23 | | made within 5 business days of sending the response to any | 24 | | request. | 25 | | If an employer discloses information in violation of this | 26 | | subsection (d), an aggrieved employee of the employer or his or |
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| 1 | | her exclusive bargaining representative may file an unfair | 2 | | labor practice charge with the Illinois Educational Labor | 3 | | Relations Board pursuant to Section 14 of this Act or commence | 4 | | an action in the circuit court to enforce the provisions of | 5 | | this Act, including actions to compel compliance, if an | 6 | | employer willfully and wantonly discloses information in | 7 | | violation of this subsection. The circuit court for the county | 8 | | in which the complainant resides, in which the complainant is | 9 | | employed, or in which the employer is located shall have | 10 | | jurisdiction in this matter. | 11 | | This subsection does not apply to disclosures (i) required | 12 | | under the Freedom of Information Act, (ii) for purposes of | 13 | | conducting public operations or business, or (iii) to the | 14 | | exclusive representative. | 15 | | (Source: P.A. 83-1014 .)
| 16 | | (115 ILCS 5/11.1 new) | 17 | | Sec. 11.1. Dues collection. | 18 | | (a) Employers shall make payroll deductions of employee | 19 | | organization dues, initiation fees, assessments, and other | 20 | | payments for an employee organization that is the exclusive | 21 | | representative. Such deductions shall be made in accordance | 22 | | with the terms of an employee's written authorization and shall | 23 | | be paid to the exclusive representative. Written authorization | 24 | | may be evidenced by electronic communications, and such writing | 25 | | or communication may be evidenced by the electronic signature |
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| 1 | | of the employee as provided under Section 5-120 of the | 2 | | Electronic Commerce Security Act. | 3 | | There is no impediment to an employee's right to resign | 4 | | union membership at any time. However, notwithstanding any | 5 | | other provision of law to the contrary regarding authorization | 6 | | and deduction of dues or other payments to a labor | 7 | | organization, the exclusive representative and an educational | 8 | | employee may agree to reasonable limits on the right of the | 9 | | employee to revoke such authorization, including a period of | 10 | | irrevocability that exceeds one year. An authorization that is | 11 | | irrevocable for one year, which may be automatically renewed | 12 | | for successive annual periods in accordance with the terms of | 13 | | the authorization, and that contains at least an annual 10-day | 14 | | period of time during which the educational employee may revoke | 15 | | the authorization, shall be deemed reasonable. This Section | 16 | | shall apply to all claims that allege that an educational | 17 | | employer or employee organization has improperly deducted or | 18 | | collected dues from an employee without regard to whether the | 19 | | claims or the facts upon which they are based occurred before, | 20 | | on, or after the effective date of this amendatory Act of the | 21 | | 101st General Assembly and shall apply retroactively to the | 22 | | maximum extent permitted by law. | 23 | | (b) Upon receiving written notice of the authorization, the | 24 | | educational employer must commence dues deductions as soon as | 25 | | practicable, but in no case later than 30 days after receiving | 26 | | notice from the employee organization. Employee deductions |
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| 1 | | shall be transmitted to the employee organization no later than | 2 | | 10 days after they are deducted unless a shorter period is | 3 | | mutually agreed to. | 4 | | (c) Deductions shall remain in effect until: | 5 | | (1) the educational employer receives notice that an | 6 | | educational employee has revoked his or her authorization | 7 | | in writing in accordance with the terms of the | 8 | | authorization; or | 9 | | (2) the individual educational employee is no longer | 10 | | employed by the educational employer in a bargaining unit | 11 | | position represented by the same exclusive representative; | 12 | | provided that if such employee is, within a period of one | 13 | | year, employed by the same educational employer in a | 14 | | position represented by the same employee organization, | 15 | | the right to dues deduction shall be automatically | 16 | | reinstated. | 17 | | Nothing in this subsection prevents an employee from | 18 | | continuing to authorize payroll deductions when no longer | 19 | | represented by the exclusive representative that would receive | 20 | | those deductions. | 21 | | Should the individual educational employee who has signed a | 22 | | dues deduction authorization card either be removed from an | 23 | | educational employer's payroll or otherwise placed on any type | 24 | | of involuntary or voluntary leave of absence, whether paid or | 25 | | unpaid, the employee's dues deduction shall be continued upon | 26 | | that employee's return to the payroll in a bargaining unit |
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| 1 | | position represented by the same exclusive representative or | 2 | | restoration to active duty from such a leave of absence. | 3 | | (d) Unless otherwise mutually agreed by the educational | 4 | | employer and the exclusive representative, employee requests | 5 | | to authorize, revoke, cancel, or change authorizations for | 6 | | payroll deductions for employee organizations shall be | 7 | | directed to the employee organization rather than to the | 8 | | educational employer. The employee organization shall be | 9 | | responsible for initially processing and notifying the | 10 | | educational employer of proper requests or providing proper | 11 | | requests to the employer. If the requests are not provided to | 12 | | the educational employer, the employer shall rely on | 13 | | information provided by the employee organization regarding | 14 | | whether deductions for an employee organization were properly | 15 | | authorized, revoked, canceled, or changed, and the employee | 16 | | organization shall indemnify the educational employer for any | 17 | | damages and reasonable costs incurred for any claims made by | 18 | | educational employees for deductions made in good faith | 19 | | reliance on that information. | 20 | | (e) Upon receipt by the exclusive representative of an | 21 | | appropriate written authorization from an individual | 22 | | educational employee, written notice of authorization shall be | 23 | | provided to the educational employer and any authorized | 24 | | deductions shall be made in accordance with law. The employee | 25 | | organization shall indemnify the educational employer for any | 26 | | damages and reasonable costs incurred for any claims made by an |
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| 1 | | educational employee for deductions made in good faith reliance | 2 | | on its notification. | 3 | | (f) The failure of an educational employer to comply with | 4 | | the provisions of this Section shall be a violation of the duty | 5 | | to bargain and an unfair labor practice. Relief for the | 6 | | violation shall be reimbursement by the educational employer of | 7 | | dues that should have been deducted or paid based on a valid | 8 | | authorization given by the educational employee or employees. | 9 | | In addition, the provisions of a collective bargaining | 10 | | agreement that contain the obligations set forth in this | 11 | | Section may be enforced in accordance with Section 10. | 12 | | (g) The Illinois Educational Labor Relations Board shall | 13 | | have exclusive jurisdiction over claims under Illinois law that | 14 | | allege an educational employer or employee organization has | 15 | | unlawfully deducted or collected dues from an educational | 16 | | employee in violation of this Act. The Board shall by rule | 17 | | require that in cases in which an educational employee alleges | 18 | | that an employee organization has unlawfully collected dues, | 19 | | the educational employer shall continue to deduct the | 20 | | employee's dues from the employee's pay, but shall transmit the | 21 | | dues to the Board for deposit in an escrow account maintained | 22 | | by the Board. If the exclusive representative maintains an | 23 | | escrow account for the purpose of holding dues to which an | 24 | | employee has objected, the employer shall transmit the entire | 25 | | amount of dues to the exclusive representative, and the | 26 | | exclusive representative shall hold in escrow the dues that the |
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| 1 | | employer would otherwise have been required to transmit to the | 2 | | Board for escrow; provided that the escrow account maintained | 3 | | by the exclusive representative complies with rules adopted by | 4 | | the Board or that the collective bargaining agreement requiring | 5 | | the payment of the dues contains an indemnification provision | 6 | | for the purpose of indemnifying the employer with respect to | 7 | | the employer's transmission of dues to the exclusive | 8 | | representative. | 9 | | (h) If a collective bargaining agreement that includes a | 10 | | dues deduction clause expires or continues in effect beyond its | 11 | | scheduled expiration date pending the negotiation of a | 12 | | successor agreement, then the employer shall continue to honor | 13 | | and abide by the dues deduction clause until a new agreement | 14 | | that includes a dues deduction clause is reached. Failure to | 15 | | honor and abide by the dues deduction clause for the benefit of | 16 | | any exclusive representative as set forth in this subsection | 17 | | (h) shall be a violation of the duty to bargain and an unfair | 18 | | labor practice. For the benefit of any successor exclusive | 19 | | representative certified under this Act, this provision shall | 20 | | be applicable, provided the successor exclusive representative | 21 | | presents the employer with employee written authorizations or | 22 | | certifications from the exclusive representative for the | 23 | | deduction of dues, assessments, and fees under this subsection | 24 | | (h). | 25 | | (i)(1) If any clause, sentence, paragraph, or subdivision | 26 | | of this Section shall be adjudged by a court of competent |
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| 1 | | jurisdiction to be unconstitutional or otherwise invalid, that | 2 | | judgment shall not affect, impair, or invalidate the remainder | 3 | | thereof, but shall be confined in its operation to the clause, | 4 | | sentence, paragraph, or subdivision of this Section directly | 5 | | involved in the controversy in which such judgment shall have | 6 | | been rendered. | 7 | | (2) If any clause, sentence, paragraph, or part of a signed | 8 | | authorization for payroll deductions shall be adjudged by a | 9 | | court of competent jurisdiction to be unconstitutional or | 10 | | otherwise invalid, that judgment shall not affect, impair, or | 11 | | invalidate the remainder of the signed authorization, but shall | 12 | | be confined in its operation to the clause, sentence, | 13 | | paragraph, or part of the signed authorization directly | 14 | | involved in the controversy in which such judgment shall have | 15 | | been rendered. | 16 | | (115 ILCS 5/11.2 new) | 17 | | Sec. 11.2. Defense to liability. | 18 | | (a) The General Assembly declares that educational | 19 | | employees who paid agency or fair share fees as a condition of | 20 | | employment in accordance with State laws and United States | 21 | | Supreme Court precedent prior to June 27, 2018 had no | 22 | | legitimate expectation of receiving that money back under any | 23 | | then available cause of action. Educational employers and | 24 | | employee organizations who relied on State law and United | 25 | | States Supreme Court precedent in deducting and accepting those |
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| 1 | | fees were not liable to refund them. Agency or fair share fees | 2 | | were paid for collective bargaining representation that | 3 | | employee organizations were obligated by State law to provide | 4 | | to employees. Additionally, it should be presumed that | 5 | | educational employees who signed written membership or dues | 6 | | authorization agreements prior to this time knew and freely | 7 | | accepted the contractual obligations set forth in those | 8 | | agreements. Application of this Section to claims pending on | 9 | | the effective date of this amendatory Act of the 101st General | 10 | | Assembly will preserve, rather than interfere with, important | 11 | | reliance interests. This Section is therefore necessary to | 12 | | provide certainty to educational employers and employee | 13 | | organizations that relied on State law and to avoid disruption | 14 | | of educational labor relations after the United States Supreme | 15 | | Court's decision in Janus v. AFSCME Council 31, 138 S. Ct. 2448 | 16 | | (2018). | 17 | | (b) No educational employer or employee organization or any | 18 | | of its employees or agents shall be liable for, and shall have | 19 | | a complete defense to, any claims or actions under the laws of | 20 | | this State for requiring, deducting, receiving, or retaining | 21 | | dues, agency fees, or fair share fees from educational | 22 | | employees, and current or former educational employees shall | 23 | | not have standing to pursue these claims or actions, if the | 24 | | dues or fees were permitted under the laws of this State then | 25 | | in force and paid, through payroll deduction or otherwise, | 26 | | prior to June 27, 2018. |
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| 1 | | (c) This Section shall apply to claims and actions pending | 2 | | on the effective date of this amendatory Act of the 101st | 3 | | General Assembly, as well to claims and actions on or after | 4 | | that date. | 5 | | (d) This Section is a declaration of existing law and shall | 6 | | not be construed as a new enactment.
| 7 | | (115 ILCS 5/14) (from Ch. 48, par. 1714)
| 8 | | Sec. 14. Unfair labor practices.
| 9 | | (a) Educational employers, their agents
or representatives | 10 | | are prohibited from:
| 11 | | (1) Interfering, restraining or coercing employees in | 12 | | the exercise of
the rights guaranteed under this Act.
| 13 | | (2) Dominating or interfering with the formation, | 14 | | existence or
administration of any employee organization.
| 15 | | (3) Discriminating in regard to hire or tenure of | 16 | | employment or any term
or condition of employment to | 17 | | encourage or discourage membership in any
employee | 18 | | organization.
| 19 | | (4) Discharging or otherwise discriminating against an | 20 | | employee because
he or she has signed or filed an | 21 | | affidavit, authorization card, petition or
complaint or | 22 | | given any information or testimony under this Act.
| 23 | | (5) Refusing to bargain collectively in good faith with | 24 | | an employee
representative which is the exclusive | 25 | | representative of employees in an
appropriate unit, |
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| 1 | | including but not limited to the discussing of grievances
| 2 | | with the exclusive representative; provided, however, that | 3 | | if an alleged
unfair labor practice involves | 4 | | interpretation or application of the terms
of a collective | 5 | | bargaining agreement and said agreement contains a
| 6 | | grievance and arbitration procedure, the Board may defer | 7 | | the resolution of
such dispute to the grievance and | 8 | | arbitration procedure contained in said
agreement.
| 9 | | (6) Refusing to reduce a collective bargaining | 10 | | agreement to writing and
signing such agreement.
| 11 | | (7) Violating any of the rules and regulations | 12 | | promulgated by the Board
regulating the conduct of | 13 | | representation elections.
| 14 | | (8) Refusing to comply with the provisions of a binding | 15 | | arbitration award.
| 16 | | (9) Expending or causing the expenditure of public | 17 | | funds 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 | | paragraph (c) of Section 7 of this Act; provided, that | 21 | | nothing
in this subsection shall be construed to limit an | 22 | | employer's right to be
represented on any matter pertaining | 23 | | to unit determinations, unfair labor
practice charges or | 24 | | pre-election conferences in any formal or informal
| 25 | | proceeding before the Board, or to seek or obtain advice | 26 | | from legal counsel.
Nothing in this paragraph shall be |
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| 1 | | construed to prohibit an employer from
expending or causing | 2 | | the expenditure of public funds on, or seeking or
obtaining | 3 | | services or advice from, any organization, group or | 4 | | association
established by, and including educational or | 5 | | public employers, whether or
not covered by this Act, the | 6 | | Illinois Public Labor Relations Act or the
public | 7 | | employment labor relations law of any other state or the | 8 | | federal
government, provided that such services or advice | 9 | | are generally available
to the membership of the | 10 | | organization, group, or association, and are not
offered | 11 | | solely in an attempt to influence the outcome of a | 12 | | particular
representational election.
| 13 | | (10) Interfering with, restraining, coercing, | 14 | | deterring or discouraging educational employees or | 15 | | applicants to be educational employees from: (1) becoming | 16 | | members of an employee organization; (2) authorizing | 17 | | representation by an employee organization; or (3) | 18 | | authorizing dues or fee deductions to an employee | 19 | | organization, nor shall the employer intentionally permit | 20 | | outside third parties to use its email or other | 21 | | communications systems to engage in that conduct. An | 22 | | employer's good faith implementation of a policy to block | 23 | | the use of its email or other communication systems for | 24 | | such purposes shall be defense to an unfair labor practice. | 25 | | (11) Disclosing to any person or entity information set | 26 | | forth in subsection (d) of Section 3 of this Act that the |
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| 1 | | employer knows or should know will be used to interfere | 2 | | with, restrain, coerce, deter, or discourage any public | 3 | | employee from: (i) becoming or remaining members of a labor | 4 | | organization, (ii) authorizing representation by a labor | 5 | | organization, or (iii) authorizing dues or fee deductions | 6 | | to a labor organization. | 7 | | (b) Employee organizations, their agents or | 8 | | representatives or educational
employees are prohibited from:
| 9 | | (1) Restraining or coercing employees in the exercise | 10 | | of the rights
guaranteed under this Act, provided that a | 11 | | labor organization or its
agents shall commit an unfair | 12 | | labor practice under this paragraph in duty
of fair | 13 | | representation cases only by intentional misconduct in | 14 | | representing
employees under this Act.
| 15 | | (2) Restraining or coercing an educational employer in | 16 | | the selection of
his representative for the purposes of | 17 | | collective bargaining or the adjustment
of grievances.
| 18 | | (3) Refusing to bargain collectively in good faith with | 19 | | an educational
employer, if they have been designated in | 20 | | accordance with the provisions
of this Act as the exclusive | 21 | | representative of employees in an appropriate
unit.
| 22 | | (4) Violating any of the rules and regulations | 23 | | promulgated by the Board
regulating the conduct of | 24 | | representation elections.
| 25 | | (5) Refusing to reduce a collective bargaining | 26 | | agreement to writing and
signing such agreement.
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| 1 | | (6) Refusing to comply with the provisions of a binding | 2 | | arbitration award.
| 3 | | (c) The expressing of any views, argument, opinion or the
| 4 | | dissemination thereof, whether in written, printed, graphic or | 5 | | visual form,
shall not constitute or be evidence of an unfair | 6 | | labor practice under any
of the provisions of this Act, if such | 7 | | expression contains no threat of
reprisal or force or promise | 8 | | of benefit.
| 9 | | (c-5) The employer shall not discourage public employees or | 10 | | applicants to be public employees from becoming or remaining | 11 | | union members or authorizing dues deductions, and shall not | 12 | | otherwise interfere with the relationship between employees | 13 | | and their exclusive bargaining representative. The employer | 14 | | shall refer all inquiries about union membership to the | 15 | | exclusive bargaining representative, except that the employer | 16 | | may communicate with employees regarding payroll processes and | 17 | | procedures. The employer will establish email policies in an | 18 | | effort to prohibit the use of its email system by outside | 19 | | sources. | 20 | | (d) The actions of a Financial Oversight Panel created | 21 | | pursuant to Section
1A-8
of the School Code due to a district | 22 | | violating a financial plan shall not
constitute or be evidence | 23 | | of an unfair labor practice under any of the
provisions of this | 24 | | Act. Such actions include, but are not limited to,
reviewing, | 25 | | approving, or rejecting a school district budget or a | 26 | | collective
bargaining agreement.
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| 1 | | (Source: P.A. 89-572, eff. 7-30-96.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law. |
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