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HB0908 Enrolled |
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LRB094 08085 AMC 38269 b |
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| Agreements containing a fair share agreement must |
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| safeguard the right of
non-association of employees based upon |
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| bonafide religious tenets or teaching
of a church or religious |
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| body of which such employees are members. Such
employees may be |
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| required to pay an amount equal to their proportionate
share, |
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| determined under a proportionate share agreement, to a |
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| non-religious
charitable organization mutually agreed upon by |
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| the employees affected
and the exclusive representative to |
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| which such employees would otherwise
pay such fee. If the |
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| affected employees and the exclusive representative
are unable |
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| to reach an agreement on the matter, the Illinois Educational
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| Labor Relations Board may establish an approved list of |
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| charitable
organizations to which such payments may be made.
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| The Board shall by rule require that in cases where an |
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| employee files
an objection to the amount of the fair share |
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| fee, the employer shall
continue to deduct the employee's fair |
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| share fee from the employee's pay,
but shall transmit the fee, |
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| or some portion thereof, to the Board for
deposit in an escrow |
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| account maintained by the Board; provided, however,
that if the |
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| exclusive representative maintains an escrow account for the
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| purpose of holding fair share fees to which an employee has |
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| objected, the
employer shall transmit the entire fair share fee |
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| to the exclusive
representative, and the exclusive |
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| representative shall hold in escrow that
portion of the fee |
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| that the employer would otherwise have been required to
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| transmit to the Board for escrow, provided that the escrow |
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| account
maintained by the exclusive representative complies |
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| with rules to be
promulgated by the Board within 30 days of the |
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| effective date of this
amendatory Act of 1989 or that the |
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| collective bargaining agreement
requiring the payment of the |
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| fair share fee contains an indemnification
provision for the |
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| purpose of indemnifying the employer with respect to the
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| employer's transmission of fair share fees to the exclusive |
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| representative.
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| (Source: P.A. 86-412.)
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