SB1734 95TH GENERAL ASSEMBLY

LRB095 11139 JAM 31478 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1734

Introduced 2/9/2007, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

5 ILCS 315/14.5 new

Amends the Illinois Public Labor Relations Act. Enacts a Bill of Rights for members of State, county, or municipal labor organizations. Contains provisions concerning equal rights, freedom of speech and assembly, protection of the right to sue, safeguards against improper disciplinary actions, invalidity of organization constitutions and bylaws, and civil actions for infringement of rights.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning labor.

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

Section 5. The Illinois Public Labor Relations Act is amended by adding Section 14.5 as follows:

(5 ILCS 315/14.5 new)

Sec. 14.5. Protection of public employees.

(a) Declaration of findings, purposes, and policy.

Standards for labor-management relations. The General Assembly finds that, in the public interest, it is the responsibility of the State government to protect the right of municipal, county, and State employees to organize, choose their own representatives, bargain collectively, and otherwise engage in concerted activities for their mutual aid or protection; that the relations between employers and labor organizations and the hundreds of workers they represent have a substantial impact on the public health and safety of the State; and that it is a matter of the highest public policy that public employee labor organizations, State, county, and municipal employers, and their officials adhere to the highest standards of responsibility and ethical conduct in administering the affairs of their organizations, particularly as they affect labor-management relations.

Protection of the rights of members. The General Assembly finds that because unions of public employees have the exclusive right to represent those employees with their governmental employers and to collect dues from those employees, the unions have corresponding obligations to permit those public employees to join as members and to participate in the election of officers without reprisal or retaliation and to speak freely and express their views without fear of arbitrary discipline or loss of union membership.

(b) Bill of rights; constitution and bylaws of labor organizations.

Equal rights. Every member of a State, county, or municipal labor organization shall have equal rights and privileges within that organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings, and to participate in the deliberations and voting upon the business of those meetings, subject to reasonable rules and regulations in the organization's constitution and bylaws.

Freedom of speech and assembly. Every member of a State, county, or municipal labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his or her views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of meetings. Nothing in this paragraph shall be construed, however, to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization as an institution and to his or her refraining from conduct that would directly and substantially interfere with its performance of its legal or contractual obligations.

Protection of the right to sue. No State, county, or municipal labor organization shall limit the right of any member thereof to institute an action in any court, or in a proceeding before any administrative agency, irrespective of whether or not the labor organization or its officers are named as defendants or respondents in the action or proceeding, or the right of any member of a labor organization to appear as a witness in any judicial, administrative, or legislative proceeding, or to petition any legislature or to communicate with any legislator. Any such member, however, may be required to exhaust reasonable hearing procedures (but not to exceed a 4-month lapse of time) within the organization before instituting legal or administrative proceedings against the organization or any officer thereof. Moreover, no interested employer or employer association shall directly or indirectly finance, encourage, or participate in, except as a party, any such action, proceeding, appearance, or petition.

Safeguards against improper disciplinary action. No member of any State, county, or municipal labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by the organization or by any officer thereof unless the member has been (A) served with written specific charges; (B) given a reasonable rime to prepare his or her defense; and (C) afforded a full and fair hearing by a neutral and impartial panel or referee.

Invalidity of constitution and bylaws. Any provision of the constitution and bylaws of any labor organization that is inconsistent with the provisions of this Section shall be of no force or effect.

(c) Civil action for infringement of rights; jurisdiction. Any person whose rights secured by the provisions of this Section have been infringed by any violation of this Section may bring a civil action in a circuit court of the State of Illinois for such relief (including injunctions) as may be appropriate. Any such action against a State, county, or municipal labor organization shall be brought in the circuit court of the county where the alleged violation occurred, or where the principal office of that labor organization is located.

(d) Other rights. Nothing in this Section shall deprive a public employee of any of his or her other statutory, contractual, or legal rights.