State of Illinois
90th General Assembly
Legislation

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90_HB3475

      New Act
      820 ILCS 5/1              from Ch. 48, par. 2a
      820 ILCS 25/Act title
      820 ILCS 25/0.01          from Ch. 48, par. 2b.9
      820 ILCS 25/1.1 new
          Creates the Illinois Labor  Equity  Act.   Prohibits  the
      State,  units  of local government, and school districts from
      entering into contracts with,  making  loans  or  grants  to,
      surveying lands on behalf of, or purchasing the securities of
      any  employer  which  has  offered or granted the status of a
      permanent  replacement  employee   to   an   individual   for
      performing  bargaining  unit  work  for the employer during a
      labor dispute. Amends the Advertisement  for  Strike  Workers
      Act.   Changes  the  short title to the Advertisement for and
      Employment of Strike Workers Act.  Provides that no public or
      educational employer  may  hire  permanent  replacements  for
      employees  lawfully striking under the Public Labor Relations
      Act or Educational Labor  Relations  Act.   Provides  that  a
      court   may   grant   injunctive   relief  to  enforce  those
      provisions.  Amends the Labor Dispute Act to provide that  it
      does  not  apply  to  injunctions issued by a court under the
      Advertisement for and Employment of Strike Workers Act.
                                                     LRB9008383WHmg
                                               LRB9008383WHmg
 1        AN ACT in relation to labor, creating and amending  named
 2    Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 1.  Short title. This Act may  be  cited  as  the
 6    Illinois Labor Equity Act.
 7        Section  5.  Declaration  of  policy.   It  is the public
 8    policy of this State to promote equity  in  labor  relations,
 9    defined  herein  as  a condition in which employees have full
10    opportunity   to    exercise    freedom    of    association,
11    self-organization,  and  designation  of  representatives  of
12    their  own  choosing  for  the  purpose of negotiating wages,
13    hours, and other terms or conditions of employment  or  other
14    mutual  aid  or  protection.   Equity in labor relations is a
15    superior means to ensure  necessary  improvements  in  wages,
16    working conditions, productivity, efficiency, and innovation.
17    In  addition,  such equity is beneficial to public health and
18    safety, as it permits employees and  employers  to  cooperate
19    most  effectively  in  assuring  healthful  and  safe working
20    conditions, as  well  as  the  safety  and  effectiveness  of
21    products.
22        Equity   in   labor   relations  is  undermined  wherever
23    employers hire permanent  replacements  during  a  strike  or
24    offer  preferential  treatment  to  only  those employees who
25    refuse  to  participate  in  a  strike  or  other   concerted
26    activity.   Such  conduct has historically been shown to give
27    employers  an  overwhelming  advantage  in   the   collective
28    bargaining  process, to the extent that collective bargaining
29    representatives may lose the ability to negotiate effectively
30    on behalf of the employees they represent.
                            -2-                LRB9008383WHmg
 1        Section 10.  Definitions.  As used in this Act:
 2        "Employer" means any  person  who  employs  one  or  more
 3    employees,  is  located in or does business in the State, and
 4    is not a unit of government.
 5        "Employ" means to have authority through  one's  self  or
 6    one's  agents  to  hire,  transfer, suspend, lay off, recall,
 7    promote, discharge, direct, reward, and discipline  employees
 8    of  the employer or to effectively recommend those actions if
 9    the exercise of that authority is not of a merely routine  or
10    clerical   nature,   but   requires  the  consistent  use  of
11    independent judgment.
12        "Collective   bargaining   representative"   means    any
13    organization   or  individual  designated  as  the  exclusive
14    representative by a majority of employees in  an  appropriate
15    bargaining  unit  pursuant to the provisions of an applicable
16    State or federal law.
17        "Director" means the Illinois Director of Labor.
18        Section 15.  Prohibited practices.  After  the  effective
19    date of this Act, the State and all units of local government
20    and  school  districts  are  prohibited  from  entering  into
21    contracts  with,  making loans or grants to, issuing bonds on
22    behalf of, making investments of  or  into,  making  deposits
23    into,  or purchasing the securities of any employer which the
24    Director has found to have done the following:
25             (1)  Offered, or granted, the status of a  permanent
26        replacement  employee  to  an  individual  for performing
27        bargaining unit work for the  employer  during  a  lawful
28        labor dispute; or
29             (2)  Otherwise  offered or granted an individual any
30        employment  preference  based  on  the  fact   that   the
31        individual  was employed or indicated a willingness to be
32        employed during a lawful labor dispute over an individual
33        who:
                            -3-                LRB9008383WHmg
 1                  (A)  was an employee of  the  employer  at  the
 2             commencement of the dispute;
 3                  (B)  has   exercised  the  right  to  join,  to
 4             assist, or to engage in other  concerted  activities
 5             for  the  purpose  of collective bargaining or other
 6             mutual aid  or  protection  through  the  collective
 7             bargaining  representative  involved in the dispute;
 8             and
 9                  (C)  is working  for,  or  has  unconditionally
10             offered to return to work for, the employer.
11        Any  employer  who  has  engaged in any of the activities
12    listed in this Section shall also be ineligible for  any  tax
13    exemption, deduction or credit by this State, a unit of local
14    government,  or  a  school  district as well as for any other
15    type of benefit or advantage offered  to  selected  employers
16    under the laws of this State or ordinances of a unit of local
17    government or rules and regulations of a school district.
18        This Section shall not apply until the employer's name is
19    placed on the list described in Section 20.
20        Section   20.  Complaints;  Listing  of  employers.   Any
21    individual  or  collective   bargaining   representative   is
22    authorized  to  file  a  complaint with the Director of Labor
23    alleging that an employer has engaged in conduct described in
24    Section 15.  Within 3 days of the filing of a complaint,  the
25    Director  shall  provide notice of the complaint to the named
26    employer.  A hearing on the complaint shall be commenced  not
27    later  than  30  days  after  the  employer  has received the
28    notice.  Within 15  days  following  the  conclusion  of  the
29    hearing,  the  Director  shall issue a decision as to whether
30    the employer has engaged in any of the conduct  described  in
31    Section 15.  If the employer has engaged in such conduct, the
32    employer's  name  shall  be  placed  on  a  list of employers
33    subject to  the  restrictions  imposed  on  the  employer  by
                            -4-                LRB9008383WHmg
 1    Section 15 of this Act.
 2        Section  25.  Removal of employer from list.  An employer
 3    placed on the list described in Section 20 may have his  name
 4    removed from the list if:
 5             (1)  5  years  have  elapsed  from  the  date of the
 6        employer's latest placement on the list; or
 7             (2)  the employer has demonstrated that he or she is
 8        no longer engaging in any of  the  conduct  described  in
 9        Section  15.  An employer who seeks removal from the list
10        pursuant to this paragraph (2) shall file a petition  for
11        removal  with  the  Director  of Labor.  Within 3 days of
12        receipt of  the  petition,  the  Director  shall  furnish
13        notice of the request to the party whose complaint led to
14        the  Director's  decision  to  place  the employer on the
15        list, as well as to any intervening party in the  hearing
16        on  the  complaint.   Not  more  than  30  days following
17        receipt of the notice by the complaining  party  and  any
18        intervenors,  the  Director  shall  hold a hearing on the
19        petition.  If the Director finds that the employer is  no
20        longer  engaging  in any of the conduct listed in Section
21        15, the Director shall order the employer's name  removed
22        from  the list.  The Director shall render a decision and
23        issue any appropriate order on  the  petition  not  later
24        than 15 days following the conclusion of the hearing.
25        Once  an  employer's  name  is removed from the list, the
26    restrictions imposed against the employer pursuant to Section
27    15 shall be removed.
28        Section  30.  Appeals.   Appeals  of  decisions  of   the
29    Director under this Act shall be taken in accordance with the
30    Administrative Review Law.
31        Section  35.  Application  of  Act.   This  Act  shall be
32    prospective in effect only, and  shall  have  no  retroactive
                            -5-                LRB9008383WHmg
 1    application  to any contract, agreement or investment entered
 2    into or any action taken  by  the  State,  a  unit  of  local
 3    government,  or a school district prior to the effective date
 4    of this Act.
 5        Section  905.  The  Labor  Dispute  Act  is  amended   by
 6    changing Section 1 as follows:
 7        (820 ILCS 5/1) (from Ch. 48, par. 2a)
 8        Sec.  1.   No  restraining  order  or injunction shall be
 9    granted by any court of this State in any case  involving  or
10    growing  out  of  a dispute concerning terms or conditions of
11    employment, enjoining or restraining any person  or  persons,
12    either singly or in concert, from terminating any relation of
13    employment  or  from ceasing to perform any work or labor, or
14    from  peaceably   and   without   threats   or   intimidation
15    recommending,  advising,  or  persuading  others so to do; or
16    from peaceably and without threats or intimidation being upon
17    any public street, or thoroughfare or highway for the purpose
18    of obtaining or communicating information,  or  to  peaceably
19    and  without  threats  or intimidation persuade any person or
20    persons to work or to abstain from working, or to  employ  or
21    to  peaceably  and  without  threats or intimidation cease to
22    employ any party to a labor dispute, or to recommend, advise,
23    or persuade others so to do. The provisions of this Act shall
24    not apply to any injunction issued by a court pursuant to the
25    Advertisement for and Employment of Strike Workers Act.
26    (Source: P.A. 83-334.)
27        Section 910.  The Advertisement for Strike Workers Act is
28    amended by changing the title of the Act and Section 0.01 and
29    adding Section 1.1 as follows:
30        (820 ILCS 25/Act title)
                            -6-                LRB9008383WHmg
 1        An Act in relation to to require employers in advertising
 2    for and employment of employees during a strike or lockout to
 3    state in such advertising that such strike or lockout exists.
 4        (820 ILCS 25/0.01) (from Ch. 48, par. 2b.9)
 5        Sec. 0.01.  Short title.  This Act may be  cited  as  the
 6    Advertisement for and Employment of Strike Workers Act.
 7    (Source: P.A. 86-1324.)
 8        (820 ILCS 25/1.1 new)
 9        Sec.    1.1.  Employment    of   permanent   replacements
10    prohibited.  No employer covered by the Illinois Public Labor
11    Relations Act or the Illinois Educational Labor Relations Act
12    shall employ permanent replacements  for  employees  lawfully
13    striking under the Illinois Public Labor Relations Act or the
14    Illinois  Educational Labor Relations Act.  The circuit court
15    shall  have  authority  to  issue   restraining   orders   or
16    injunctions  for the purpose of enforcing this Section. Venue
17    for an action in the circuit court shall be in the county  in
18    which the labor dispute arises.

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