Public Act 93-0375
SB90 Enrolled LRB093 04682 WGH 04738 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Employment of Strikebreakers Act is
amended by changing Sections 1 and 2 as follows:
(820 ILCS 30/1) (from Ch. 48, par. 2e)
Sec. 1. Definitions. For the purpose of this Act:
(a) "Lockout" means the action of an employer pursuant
to a labor dispute in temporarily closing a place of
employment or preventing an employee or employees from
engaging in their normal course of employment for the purpose
of inducing settlement of the dispute or influencing the
conditions of employment to be agreed on.
(b) "Person" means any individual, partnership,
association, firm, corporation, union, or group of employees.
(c) "Professional strikebreaker" means any person who
repeatedly and habitually offers himself for employment on a
temporary basis where a lockout or strike exists to take the
place of an employee whose work has ceased as a direct
consequence of such lockout or strike.
(d) "Strike" means the concerted action of employees
pursuant to a labor dispute in failing to report for work,
engaging in the stoppage of work, picketing (where the effect
of such picketing is to induce any individual not to pick up,
deliver or transport any goods or not to perform any
services), or abstaining from the full and proper performance
of the duties of employment for the purpose of inducing
settlement of the dispute or influencing the conditions of
employment to be agreed on.
(e) "Day and temporary labor service agency" has the
meaning ascribed to that term in the Day and Temporary Labor
Services Act.
(Source: P.A. 79-859.)
(820 ILCS 30/2) (from Ch. 48, par. 2f)
Sec. 2. No person shall knowingly employ any
professional strikebreaker in the place of an employee, whose
work has ceased as a direct consequence of a lockout or
strike, or knowingly contract with a day and temporary labor
service agency to provide a replacement for the employee,
during any period when a lockout or strike is in progress.
Nor shall any professional strikebreaker take or offer to
take the place in employment of employees involved in a
lockout or strike.
Nothing in this amendatory Act of the 93rd General
Assembly shall be construed to prohibit the continued
employment of a day or temporary laborer by an employer if
the day or temporary laborer had already been assigned to
work for the employer at the time the strike or lockout
began.
(Source: P.A. 79-859.)
Section 10. The Day and Temporary Labor Services Act is
amended by changing Section 10 as follows:
(820 ILCS 175/10)
Sec. 10. Statement.
(a) Whenever a day and temporary labor service agency
agrees to send one or more persons to work as day or
temporary laborers, the day and temporary labor service
agency shall, upon request by a day or temporary laborer,
provide to the day or temporary laborer a statement
containing the following items: "Name and nature of the work
to be performed", "wages offered", "destination of the person
employed", "terms of transportation", and whether a meal and
equipment is provided, either by the day and temporary labor
service or the third party employer, and the cost of the meal
and equipment, if any.
(b) No day and temporary labor service agency may send
any day or temporary laborer to any place where a strike, a
lockout, or other labor trouble exists without first
notifying the day or temporary laborer of the conditions.
(c) The Department shall recommend to day and temporary
labor service agencies that those agencies employ personnel
who can effectively communicate information required in
subsections (a) and (b) to day or temporary laborers in
Spanish, Polish, or any other language that is generally used
in the locale of the day and temporary labor agency.
(Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)