Rep. Careen M Gordon
Filed: 4/25/2007
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1 | AMENDMENT TO HOUSE BILL 2071
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2 | AMENDMENT NO. ______. Amend House Bill 2071 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by adding | ||||||
5 | Section 16-128.1 as follows: | ||||||
6 | (220 ILCS 5/16-128.1 new) | ||||||
7 | Sec. 16-128.1. Electric utility employees; labor | ||||||
8 | displacement or reductions. | ||||||
9 | (a) The General Assembly finds the following: | ||||||
10 | (1) Since the enactment of the Electric Service | ||||||
11 | Customer Choice and Rate Relief Law of 1997, Illinois' | ||||||
12 | electric utilities have reduced their in-house workforce | ||||||
13 | between 20% and 40% through workforce reductions, | ||||||
14 | attrition, and terminations. | ||||||
15 | (2) The reductions have resulted in the electric | ||||||
16 | utilities not maintaining adequate staffing levels to |
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1 | provide safe and reliable electric service to retail | ||||||
2 | customers. | ||||||
3 | (3) It is necessary to prevent additional staffing | ||||||
4 | level reductions in order to protect system reliability and | ||||||
5 | the health and safety of electric utility employees, retail | ||||||
6 | customers, and the public.
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7 | (b) For purposes of this Section, "labor displacement or | ||||||
8 | reduction" means any decrease in the staffing levels for one or | ||||||
9 | more job classifications, including, but not limited to, | ||||||
10 | layoffs, attrition, voluntary severance, and termination. | ||||||
11 | (c) No electric utility shall be allowed to engage in any | ||||||
12 | labor displacement or reductions below the staffing levels for | ||||||
13 | each job classification in existence on January 1, 2007, unless | ||||||
14 | the electric utility submits a petition to the Commission that | ||||||
15 | sets forth the requested labor displacement or reductions and | ||||||
16 | obtains approval from the Commission in a contested proceeding. | ||||||
17 | The electric utility shall bear the burden of proof and must | ||||||
18 | demonstrate to the Commission based upon clear and convincing | ||||||
19 | evidence that the staffing reductions will not in any manner | ||||||
20 | disrupt or impair the ability of the electric utility to | ||||||
21 | provide safe and reliable electric service that protects and | ||||||
22 | promotes the safety, health, comfort, and convenience of its | ||||||
23 | patrons, employees, and the public. | ||||||
24 | (d) Nothing in this Section shall prevent a labor | ||||||
25 | displacement or reduction due to attrition so long as the | ||||||
26 | electric utility fills the vacancy or vacancies within a |
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1 | reasonable period of time, which in no case shall be greater | ||||||
2 | than 6 months. Nothing in this Section shall prohibit an | ||||||
3 | electric utility from terminating an employee pursuant to the | ||||||
4 | terms of a collective bargaining agreement or other agreement | ||||||
5 | with employees or employee representatives provided that the | ||||||
6 | electric utility shall fill the vacancy or vacancies within a | ||||||
7 | reasonable period of time, which in no case shall be greater | ||||||
8 | than 6 months. | ||||||
9 | (e) The employees of an electric utility, including the | ||||||
10 | collective bargaining representative or representatives of the | ||||||
11 | employees, shall have an independent statutory cause of action | ||||||
12 | under State law to file a complaint against an electric utility | ||||||
13 | in circuit court for alleged violations of this Section. | ||||||
14 | The employees of an electric utility, including the | ||||||
15 | collective bargaining representative or representatives of | ||||||
16 | such employees, may file a complaint in the circuit court of | ||||||
17 | Cook, Sangamon, or Madison County or any other circuit court in | ||||||
18 | order to prevent or stop the violation of this Section either | ||||||
19 | by mandamus or injunction. The circuit court shall specify a | ||||||
20 | time, not exceeding 21 days after the service of the copy of | ||||||
21 | the complaint for mandamus or injunction for the filing of any | ||||||
22 | answer, and in the meantime the named defendant shall be | ||||||
23 | restrained from continuing an alleged violation pending a | ||||||
24 | hearing before the court. In the event of default, or after | ||||||
25 | answer, the circuit court shall immediately inquire into the | ||||||
26 | facts and circumstances of the case and enter an appropriate |
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1 | order with respect to the matters in the complaint. An appeal | ||||||
2 | may be taken from the final judgment in the same manner and | ||||||
3 | with the same effect as appeals are taken from judgments of the | ||||||
4 | circuit court in other actions for mandamus or injunction. | ||||||
5 | Nothing in this subsection (e) shall limit the rights of | ||||||
6 | employees of an electric utility, including the collective | ||||||
7 | bargaining representative or representatives of such | ||||||
8 | employees, to file a complaint against the electric utility | ||||||
9 | with the Commission for alleged violations of this Section. | ||||||
10 | (f) In any case in which an employee of an electric | ||||||
11 | utility, including the collective bargaining representative or | ||||||
12 | representatives of such employees, demonstrates that an | ||||||
13 | electric utility has violated or is about to violate this | ||||||
14 | Section, the circuit court shall permanently restrain or order | ||||||
15 | the defendant or defendants from continuing the alleged | ||||||
16 | violation and award the party bringing the action the | ||||||
17 | reasonable expenses of the litigation, including all | ||||||
18 | reasonable attorney's fees.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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