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| Public Act 094-0472 |
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AN ACT concerning government.
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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 Public Labor Relations Act is | ||||
amended by changing Section 6 as follows:
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(5 ILCS 315/6) (from Ch. 48, par. 1606)
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Sec. 6. Right to organize and bargain collectively; | ||||
exclusive
representation; and fair share arrangements. | ||||
(a) Employees of the State and
any political subdivision of | ||||
the State, excluding employees of the General
Assembly of the | ||||
State of Illinois, have, and are protected in the exercise
of, | ||||
the right of self-organization,
and may form, join or assist | ||||
any labor organization, to bargain collectively
through | ||||
representatives of their own choosing on questions of wages, | ||||
hours
and other conditions of employment, not excluded by | ||||
Section 4 of this Act,
and to engage in other concerted | ||||
activities not otherwise prohibited by law
for the purposes of | ||||
collective bargaining or other mutual aid or protection,
free | ||||
from interference, restraint or coercion. Employees also have, | ||||
and
are protected in the exercise of, the right to refrain from | ||||
participating
in any such concerted activities. Employees may | ||||
be required,
pursuant to the terms of a lawful fair share | ||||
agreement, to pay a fee which
shall be their proportionate | ||||
share
of the costs of the collective bargaining process, | ||||
contract administration
and pursuing matters affecting wages, | ||||
hours and other conditions of employment
as defined in Section | ||||
3(g).
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(b) Nothing in this Act prevents an employee from | ||||
presenting a grievance
to the employer and having the grievance | ||||
heard and settled without the
intervention of an employee | ||||
organization; provided that the exclusive
bargaining | ||||
representative is afforded the opportunity to be present at | ||||
such
conference and that any settlement made shall not be | ||
inconsistent with the
terms of any agreement in effect between | ||
the employer and the exclusive
bargaining representative.
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(c) A labor organization designated by the Board as the | ||
representative
of the majority of public employees in an | ||
appropriate unit in accordance
with the procedures herein or | ||
recognized
by a public employer as the representative of the | ||
majority of public employees
in an appropriate unit is the | ||
exclusive representative for the employees
of such unit for the | ||
purpose of collective bargaining with respect to rates
of pay, | ||
wages, hours and other conditions of employment not excluded by
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Section 4 of this Act. A public employer is required upon | ||
request to furnish the exclusive bargaining representative | ||
with a complete list of the names and addresses of the public | ||
employees in the bargaining unit, provided that a public | ||
employer shall not be required to furnish such a list more than | ||
once per payroll period. The exclusive bargaining | ||
representative shall use the list exclusively for bargaining | ||
representation purposes and shall not disclose any information | ||
contained in the list for any other purpose. Nothing in this | ||
Section, however, shall prohibit a bargaining representative | ||
from disseminating a list of its union members.
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(d) Labor organizations recognized by a public employer as | ||
the exclusive
representative or so designated in accordance | ||
with the provisions of this
Act are responsible for | ||
representing the interests of all public employees
in the unit. | ||
Nothing herein shall be construed to limit an exclusive
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representative's right to exercise its discretion to refuse to | ||
process
grievances of employees that are unmeritorious.
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(e) When a collective bargaining agreement is entered into | ||
with an exclusive
representative, it may include in the | ||
agreement a provision requiring employees
covered by the | ||
agreement who are not members of the organization to pay
their | ||
proportionate share of the costs of the collective bargaining | ||
process,
contract administration and pursuing matters | ||
affecting wages, hours and
conditions of employment, as defined | ||
in Section 3 (g), but not to exceed
the amount of dues | ||
uniformly required of members. The organization shall
certify | ||
to the employer the amount constituting each nonmember | ||
employee's
proportionate share which shall not exceed dues | ||
uniformly required of members.
In such case, the proportionate | ||
share payment in this Section shall be deducted
by the employer | ||
from the earnings of the nonmember employees and paid to
the | ||
employee organization.
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(f) Only the exclusive representative may negotiate
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provisions in a collective bargaining agreement providing for | ||
the payroll
deduction of labor organization dues, fair share | ||
payment, initiation fees
and assessments. Except as provided in | ||
subsection (e) of this Section, any
such deductions shall only | ||
be made upon an employee's written
authorization, and continued | ||
until revoked in writing in the same manner or
until the | ||
termination date of an applicable collective bargaining
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agreement. Such payments shall be paid to the exclusive | ||
representative.
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Where 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 Section 14, the employer shall | ||
continue to honor and abide by any dues deduction or fair share | ||
clause contained therein until a new agreement is reached | ||
including dues deduction or a fair share clause. For the | ||
benefit of any successor exclusive representative certified | ||
under this Act, this provision shall be applicable, provided | ||
the successor exclusive representative: | ||
(i) certifies to the employer the amount constituting | ||
each non-member's proportionate share under subsection | ||
(e); or | ||
(ii) presents the employer with employee written | ||
authorizations for the deduction of dues, assessments, and | ||
fees under this subsection. | ||
Failure to so honor and abide by dues deduction or fair | ||
share clauses for the benefit of any exclusive representative, | ||
including a successor, shall be a violation of the duty to | ||
bargain and an unfair labor practice.
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(g) Agreements containing a fair share agreement must | ||
safeguard the right
of nonassociation of employees based upon | ||
bona fide religious tenets or
teachings of a church or | ||
religious body of which such employees are members.
Such | ||
employees may be required to pay an amount equal to their fair | ||
share,
determined under a lawful fair share agreement, to a | ||
nonreligious charitable
organization mutually agreed upon by | ||
the employees affected and the exclusive
bargaining | ||
representative to which such employees would otherwise pay such
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service fee. If the affected employees and the bargaining | ||
representative
are unable to reach an agreement on the matter, | ||
the Board may establish an
approved list of charitable | ||
organizations to which such payments may be made.
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(Source: P.A. 93-854, eff. 1-1-05.)
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