Full Text of HB0807 94th General Assembly
HB0807 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0807
Introduced 02/02/05, by Rep. Larry McKeon SYNOPSIS AS INTRODUCED: |
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115 ILCS 5/8 |
from Ch. 48, par. 1708 |
115 ILCS 5/11 |
from Ch. 48, par. 1711 |
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Amends the Illinois Educational Labor Relations Act. Requires an educational employer to furnish the exclusive bargaining representative with the names and addresses of its educational employees in the bargaining unit if requested by the representative. Limits the number of requests that must be met to 4 per calendar year. With regard to non-member fair share payments, provides that only the exclusive representative may negotiate provisions in a collective bargaining agreement providing for the payroll deduction of labor organization dues, fair share fee payments, initiation fees, or assessments. Provides that if a collective bargaining agreement is terminated or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement or the resolution of an impasse under the Act, then the employer shall continue to honor and abide by any dues deduction or fair share clause contained in the agreement until a new agreement is reached. Sets forth applicability requirements for successor exclusive representatives. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0807 |
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LRB094 06338 RAS 36414 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Educational Labor Relations Act is | 5 |
| amended by changing Sections 8 and 11 as follows:
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| (115 ILCS 5/8) (from Ch. 48, par. 1708)
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| Sec. 8. Election - certification. Elections shall be by | 8 |
| secret ballot,
and conducted in accordance with rules and | 9 |
| regulations established by the
Illinois Educational Labor | 10 |
| Relations Board. An incumbent exclusive bargaining
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| representative shall automatically be placed on any ballot with | 12 |
| the
petitioner's
labor organization. An intervening labor | 13 |
| organization may be placed on the
ballot
when supported by 15% | 14 |
| or more of the employees in the bargaining unit.
The Board | 15 |
| shall give at least 30 days notice of the time
and place of the | 16 |
| election to the parties and, upon request, shall provide
the | 17 |
| parties with a list of names and addresses of persons eligible | 18 |
| to vote
in the election at least 15 days before the election. | 19 |
| The ballot must include,
as one of the alternatives, the choice | 20 |
| of "no representative". No mail
ballots are permitted except | 21 |
| where a specific individual would otherwise
be unable to cast a | 22 |
| ballot.
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| The labor organization receiving a majority of the ballots | 24 |
| cast shall be
certified by the Board as the exclusive | 25 |
| bargaining representative.
If the choice of "no | 26 |
| representative" receives a majority, the employer shall
not | 27 |
| recognize any exclusive bargaining representative for at least | 28 |
| 12 months.
If none of the choices on the ballot receives a | 29 |
| majority, a run-off shall
be conducted between the 2 choices | 30 |
| receiving the largest number of valid
votes cast in the | 31 |
| election. The Board shall certify the
results of the election | 32 |
| within 6 working days after the final tally
of votes
unless a |
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HB0807 |
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LRB094 06338 RAS 36414 b |
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| charge is filed by a party alleging that improper conduct | 2 |
| occurred
which
affected the outcome of the election. The Board | 3 |
| shall
promptly investigate the allegations, and if it finds | 4 |
| probable cause that
improper conduct occurred and could have | 5 |
| affected the outcome of the election,
it shall set a hearing on | 6 |
| the matter on a date falling within 2 weeks of
when it received | 7 |
| the charge. If it determines, after hearing, that the outcome
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| of the election was affected by improper conduct, it shall | 9 |
| order a new election
and shall order corrective action which it | 10 |
| considers necessary to insure the
fairness of the new election. | 11 |
| If it determines upon investigation or after
hearing that the | 12 |
| alleged improper conduct did not take place or that it did not
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| affect the results of the election, it shall immediately | 14 |
| certify the election
results. | 15 |
| An educational employer is required, upon request, to | 16 |
| furnish the exclusive representative with a complete list of | 17 |
| the names and addresses of the educational employees in the | 18 |
| bargaining unit, provided that the number of such requests does | 19 |
| not exceed 4 in the same calendar year.
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| Any labor organization that is the exclusive bargaining | 21 |
| representative
in an appropriate unit on
the effective date of | 22 |
| this Act shall continue as such until a new one is
selected | 23 |
| under this Act.
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| (Source: P.A. 92-206, eff. 1-1-02.)
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| (115 ILCS 5/11) (from Ch. 48, par. 1711)
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| Sec. 11. Non-member fair share payments. When a collective
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| bargaining agreement is entered into with an exclusive | 28 |
| representative, it
may include a provision requiring employees | 29 |
| covered by
the agreement who are not members of the | 30 |
| organization to pay
to the organization a fair share fee for | 31 |
| services rendered. The exclusive
representative shall certify | 32 |
| to the employer an amount not to exceed the
dues uniformly | 33 |
| required of members which shall constitute each non member
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| employee's fair share fee. The fair share fee payment shall be | 35 |
| deducted
by the employer from the earnings of the non member |
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HB0807 |
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LRB094 06338 RAS 36414 b |
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| employees and paid to
the exclusive representative.
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| The amount certified by the exclusive representative shall | 3 |
| not include
any fees for contributions related to the election | 4 |
| or support of any candidate
for political office. Nothing in | 5 |
| this Section shall preclude the non member
employee from making | 6 |
| voluntary political contributions in conjunction with
his or | 7 |
| her fair share payment.
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| Agreements containing a fair share agreement must | 9 |
| safeguard the right of
non-association of employees based upon | 10 |
| bonafide religious tenets or teaching
of a church or religious | 11 |
| body of which such employees are members. Such
employees may be | 12 |
| required to pay an amount equal to their proportionate
share, | 13 |
| determined under a proportionate share agreement, to a | 14 |
| non-religious
charitable organization mutually agreed upon by | 15 |
| the employees affected
and the exclusive representative to | 16 |
| which such employees would otherwise
pay such fee. If the | 17 |
| affected employees and the exclusive representative
are unable | 18 |
| to reach an agreement on the matter, the Illinois Educational
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| Labor Relations Board may establish an approved list of | 20 |
| charitable
organizations to which such payments may be made.
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| The Board shall by rule require that in cases where an | 22 |
| employee files
an objection to the amount of the fair share | 23 |
| fee, the employer shall
continue to deduct the employee's fair | 24 |
| share fee from the employee's pay,
but shall transmit the fee, | 25 |
| or some portion thereof, to the Board for
deposit in an escrow | 26 |
| account maintained by the Board; provided, however,
that if the | 27 |
| exclusive representative maintains an escrow account for the
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| purpose of holding fair share fees to which an employee has | 29 |
| objected, the
employer shall transmit the entire fair share fee | 30 |
| to the exclusive
representative, and the exclusive | 31 |
| representative shall hold in escrow that
portion of the fee | 32 |
| that the employer would otherwise have been required to
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| transmit to the Board for escrow, provided that the escrow | 34 |
| account
maintained by the exclusive representative complies | 35 |
| with rules to be
promulgated by the Board within 30 days of the | 36 |
| effective date of this
amendatory Act of 1989 or that the |
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HB0807 |
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LRB094 06338 RAS 36414 b |
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| collective bargaining agreement
requiring the payment of the | 2 |
| fair share fee contains an indemnification
provision for the | 3 |
| purpose of indemnifying the employer with respect to the
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| employer's transmission of fair share fees to the exclusive | 5 |
| representative.
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| Only the exclusive representative may negotiate provisions | 7 |
| in a collective bargaining agreement providing for the payroll | 8 |
| deduction of labor organization dues, fair share fee payments, | 9 |
| initiation fees, or assessments.
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| If a collective bargaining agreement is terminated or | 11 |
| continues in effect beyond its scheduled expiration date | 12 |
| pending the negotiation of a successor agreement or the | 13 |
| resolution of an impasse under this Act, then the employer | 14 |
| shall continue to honor and abide by any dues deduction or fair | 15 |
| share clause contained in the agreement until a new agreement | 16 |
| is reached. For the benefit of any successor exclusive | 17 |
| representative certified under this Act, this paragraph shall | 18 |
| be applicable, provided that the successor exclusive | 19 |
| representative (i) certifies to the employer the amount | 20 |
| constituting each non-member's proportionate share under this | 21 |
| Section or
(ii) presents the employer with employee written | 22 |
| authorizations for the deduction of dues, assessments, or fees | 23 |
| under this Section.
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| (Source: P.A. 86-412.)
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| Section 999. Effective date. This Act takes effect upon | 26 |
| becoming law.
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