HB4419 100TH GENERAL ASSEMBLY

LRB100 15125 KTG 29977 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4419

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:

New Act

Creates the Employment Relations Act. Provides that employees may: (a) organize together or form, join, or assist in labor organization; (b) engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; (c) negotiate or bargain collectively with their employers through representatives of their own free choice; or (d) refrain from any or all of the activities identified in items (a) through (c). Provides that an individual shall not be required as a condition of obtaining or continuing employment to: (1) refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization; (2) become or remain a member of a labor organization; (3) pay any dues, fees, assessments, or other charges or expenses to a labor organization; or (4) pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of charges or expenses required of members of or employees represented by a labor organization. Makes unlawful and unenforceable any agreement or contract between an employer and labor organization that requires an employee to satisfy any activities identified in items (1) through (4). Contains provisions concerning civil penalties and other matters. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Employment Relations Act.

Section 3. Public policy. It is the public policy of this State that:

(1) the best interests of the people of the State are served by protecting their right to work in a manner consistent with Section 14(b) of the National Labor Relations Act, 29 U.S.C. 164(b), and preventing or promptly settling labor disputes;

(2) strikes and lockouts and other forms of industrial strife, regardless of where the merits of the controversy lie, are forces productive ultimately of economic waste;

(3) the interests and rights of the consumers and the people of the State, while not direct parties thereto, should always be considered, respected, and protected; and

(4) the voluntary mediation of such disputes under the guidance and supervision of a governmental agency will tend to promote permanent industrial peace and the health, welfare, comfort, and safety of the people of the State.

Section 5. Definitions. As used in this Act:

"Company union" means any employee association, committee, agency, or representation plan, formed or existing for the purpose, in whole or in part, of dealing with employers concerning grievances or terms and conditions of employment, which in any manner or to any extent, and by any form of participation, interference, or assistance, financial or otherwise, either in its organization, operation, or administration, is dominated or controlled, sponsored or supervised, maintained, directed, or financed by the employer.

"Employee" means any employee, and is not limited to the employees of a particular employer, unless this Act explicitly provides otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any act that is illegal under this Act, and who has not obtained any other regular and substantially equivalent employment, but does not include any individual employed as an agricultural laborer, or in the domestic service of any family or any person at his home, or any individual employed by his parent or spouse, or any individual employed as an executive or supervisor, or any individual employed by an employer subject to the Railway Labor Act, 45 U.S.C. 151 et seq., or by any other person who is not an employer as defined in this Act.

"Employer" means a person and includes any person acting as an agent of an employer, but does not include: the United States or any corporation wholly owned by the United States; any federal reserve bank; any employer subject to the Railway Labor Act, 45 U.S.C. 151 et seq.; the State or any political subdivision thereof; any labor organization, or anyone acting in the capacity of an officer or agent of such labor organization, other than when acting as an employer; or any entity subject to the Illinois Public Labor Relations Act.

"Labor dispute" includes, but is not limited to, any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of employees in negotiating, fixing, maintaining, or changing terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

"Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

"Person" means an individual, partnership, association, corporation, business trust, labor organization, or any other private entity.

Section 10. Employees; rights. Employees may do any of the following:

(1) Organize together or form, join, or assist in labor organization; engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; or negotiate or bargain collectively with their employers through representatives of their own free choice.

(2) Refrain from any or all of the activities identified in paragraph (1).

Section 15. Prohibitions; court jurisdiction; violations; penalties.

(a) An individual shall not be required as a condition of obtaining or continuing employment to do any of the following:

(1) Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization.

(2) Become or remain a member of a labor organization.

(3) Pay any dues, fees, assessments, or other charges or expenses of any kind or amount or provide anything of value to a labor organization.

(4) Pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or employees represented by a labor organization.

(b) An agreement, contract, understanding, or practice between or involving an employer and a labor organization that violates subsection (a) is unlawful and unenforceable. This subsection (b) applies only to an agreement, contract, understanding, or practice that takes effect or is extended, renewed, or modified on or after January 1, 2018.

(c) Subsections (a) and (b) shall be implemented to the maximum extent permitted by the United States Constitution and federal law.

(d) The appellate court has exclusive original jurisdiction over any action challenging the validity of subsection (a), (b), or (c). The appellate court shall hear the action in an expedited manner.

(e) A person, employer, or labor organization that violates subsection (a) is liable for a civil fine of not more than $500. A civil fine recovered under this Section shall be submitted to the State Treasurer for deposit into the General Revenue Fund.

(f) Except for actions required to be brought under subsection (d), a person who suffers an injury as a result of a violation or threatened violation of subsection (a) may bring a civil action for damages, injunctive relief, or both. In addition, a court shall award court costs and reasonable attorney fees to a plaintiff who prevails in an action brought under this subsection. Remedies provided for in this subsection are independent of and in addition to other penalties and remedies prescribed by this Act.

Section 20. Prohibited conduct; violation; civil fines.

(a) An employee or other person shall not by force, intimidation, or unlawful threats compel or attempt to compel any person to do any of the following:

(1) Become or remain a member of a labor organization or otherwise affiliate with or financially support a labor organization.

(2) Refrain from engaging in employment or refrain from joining a labor organization or otherwise affiliating with or financially supporting a labor organization.

(3) Pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or employees represented by a labor organization.

(b) A person who violates this Section is liable for a civil fine of not more than $500. A civil fine recovered under this Section shall be submitted to the State Treasurer for deposit into the General Revenue Fund.

Section 99. Effective date. This Act takes effect upon becoming law.