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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Educational Labor Relations Act is | ||||||
| 5 | amended by changing Section 11 as follows:
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| 6 | (115 ILCS 5/11) (from Ch. 48, par. 1711)
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| 7 | Sec. 11. Non-member fair share payments. When a collective
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| 8 | bargaining agreement is entered into with an exclusive | ||||||
| 9 | representative, it
may include a provision requiring employees | ||||||
| 10 | covered by
the agreement who are not members of the | ||||||
| 11 | organization to pay
to the organization a fair share fee for | ||||||
| 12 | services rendered. The exclusive
representative shall certify | ||||||
| 13 | to the employer an amount not to exceed the
dues uniformly | ||||||
| 14 | required of members which shall constitute each non member
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| 15 | employee's fair share fee. The fair share fee payment shall be | ||||||
| 16 | deducted
by the employer from the earnings of the non member | ||||||
| 17 | employees and paid to
the exclusive representative.
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| 18 | The amount certified by the exclusive representative shall | ||||||
| 19 | not include
any fees for contributions related to the election | ||||||
| 20 | or support of any candidate
for political office. Nothing in | ||||||
| 21 | this Section shall preclude the non member
employee from making | ||||||
| 22 | voluntary political contributions in conjunction with
his or | ||||||
| 23 | her fair share payment.
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| 24 | If a collective bargaining agreement that includes a fair | ||||||
| 25 | share clause expires or continues in effect beyond its | ||||||
| 26 | scheduled expiration date pending the negotiation of a | ||||||
| 27 | successor agreement, then the employer shall continue to honor | ||||||
| 28 | and abide by the fair share clause until a new agreement that | ||||||
| 29 | includes a fair share clause is reached. Failure to honor and | ||||||
| 30 | abide by the fair share clause for the benefit of any exclusive | ||||||
| 31 | representative as set forth in this paragraph shall be a | ||||||
| 32 | violation of the duty to bargain and an unfair labor practice.
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| 1 | Agreements containing a fair share agreement must | ||||||
| 2 | safeguard the right of
non-association of employees based upon | ||||||
| 3 | bonafide religious tenets or teaching
of a church or religious | ||||||
| 4 | body of which such employees are members. Such
employees may be | ||||||
| 5 | required to pay an amount equal to their proportionate
share, | ||||||
| 6 | determined under a proportionate share agreement, to a | ||||||
| 7 | non-religious
charitable organization mutually agreed upon by | ||||||
| 8 | the employees affected
and the exclusive representative to | ||||||
| 9 | which such employees would otherwise
pay such fee. If the | ||||||
| 10 | affected employees and the exclusive representative
are unable | ||||||
| 11 | to reach an agreement on the matter, the Illinois Educational
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| 12 | Labor Relations Board may establish an approved list of | ||||||
| 13 | charitable
organizations to which such payments may be made.
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| 14 | The Board shall by rule require that in cases where an | ||||||
| 15 | employee files
an objection to the amount of the fair share | ||||||
| 16 | fee, the employer shall
continue to deduct the employee's fair | ||||||
| 17 | share fee from the employee's pay,
but shall transmit the fee, | ||||||
| 18 | or some portion thereof, to the Board for
deposit in an escrow | ||||||
| 19 | account maintained by the Board; provided, however,
that if the | ||||||
| 20 | exclusive representative maintains an escrow account for the
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| 21 | purpose of holding fair share fees to which an employee has | ||||||
| 22 | objected, the
employer shall transmit the entire fair share fee | ||||||
| 23 | to the exclusive
representative, and the exclusive | ||||||
| 24 | representative shall hold in escrow that
portion of the fee | ||||||
| 25 | that the employer would otherwise have been required to
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| 26 | transmit to the Board for escrow, provided that the escrow | ||||||
| 27 | account
maintained by the exclusive representative complies | ||||||
| 28 | with rules to be
promulgated by the Board within 30 days of the | ||||||
| 29 | effective date of this
amendatory Act of 1989 or that the | ||||||
| 30 | collective bargaining agreement
requiring the payment of the | ||||||
| 31 | fair share fee contains an indemnification
provision for the | ||||||
| 32 | purpose of indemnifying the employer with respect to the
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| 33 | employer's transmission of fair share fees to the exclusive | ||||||
| 34 | representative.
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| 35 | (Source: P.A. 86-412.)
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| 1 | Section 90. The State Mandates Act is amended by adding | ||||||
| 2 | Section 8.29 as
follows:
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| 3 | (30 ILCS 805/8.29 new)
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| 4 | Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| 5 | of this
Act, no reimbursement by the State is required for the | ||||||
| 6 | implementation of
any mandate created by this amendatory Act of | ||||||
| 7 | the 94th General Assembly.
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| 8 | Section 99. Effective date. This Act takes effect upon | ||||||
| 9 | becoming law.
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